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HomeMy WebLinkAbout2002-03-19City Council Chambers 1. Rolf-call Attendance: X Tammy d~ Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. 3. 4. Adoption of the Agenda: Adopt the Amended Agenda Presentation of City. Logo: Mark and Qsrcy Manwaring -Approve detailed logo Consent Agenda: A. Approve minutes of February 27, 2002 City Council Special Meeting: Approve B. Approve minutes of March 5, 2002 City Council Regular Meeting: Approve C. Approve: minutes of March 6, 2002 CFty Council Special Meeting: Approve D. Tabled from February 5, 2002: Ordsr Granting Appeal: AP 01- 00 Stop Work Order at 2340 Weft FFanklin Road by Watt Morrow: Table until April 23, 2002 Meeting 6 Findings of .Fact and Conclusigns Law for Approval: AZ 01- ': 021 Request fpr annexation andzon~~g of 4.83 acres from RUT to R-~8 zones for proposed Berkeley Square Subdivision by Wardle and Associates-.1025 North Ten. Mile load: Approve 6-F. Findings of Fact and Conclusions of Law for Approvah PP 01- 022 Request for Preliminary Plat; approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square. Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Approve Meridian City Council Agenda -March 19, 2002 Pam 1 of 4 All materials p at publin 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 hoursuprior to the public meeting. .- `~: 6-G. Findings of Fact and Conclusions of. Law for Approval: CUP 01-040 Request. .for a Conditional Use Permit for a Planned Development for 34 townhouses- in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates -1.025 North Ten Mile Road: Approve as Amended W. ~ Findings of Fact-aril Conclusions of Law for Approval: CUP 01-042 Request .for a Conditional Use Permit for a Building Structure to be used as a Daycare Center in an L-O zone for Dreamland E~u~~fion Center by Monvand Enterprises, LLC - south of East Leslre Drive and west of North Eagle Road: Approve I. Findings of Fact-and Conclusions of Law for Approval: AZ 01- 026 Request for .annexation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee - southeast corner of West Cherry Lane and North Black Cat Road: Approve J. ~ Findings of Fact and Conclusions of Law for Approval: PFP . 01-009 Request for PreliminaryJFirtaf Plat approval of 2 building lots on 2:30 acres in a proposed R-4 zone for proposed Hearthstone 9u~division by Robert Lee -southeast corner of West Cherry Lane and North Black Cat Road: Approve 6~-K. ' Thousand Springs Subdivision Restrictive Covenant: Table until April 2, 2002 ~Ifeeting L. Well lVo. 21 and 22 Pumping Facilities Change Orders - SCADA System Upgrade: Approve. M. Ashford Greens Water Latecomer Agreement - Brighton Corporation:. Approve ~1; Ashford Greens Pressure Sewer :Latecomer Agreemen# - Brighton Corporation: Approve O. ' Bedford Place Water Latecom®r Agreement - Brighton Corporation: .Approve P. Agreement fot Professional Services Addendum -Ten Mile ,....Interchange Viewer Study, JUB Engineers: Approve Q. G&H Enterprises ll (KFC/A&W) Wa!r Line Easement: Approve Meridian City Council Agenda -March 19, 2Q02 Rage 2 of 4 All materials presented 84 public meetings shall bec~me,praparty of the City of Meridian. Alone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5. ~epsrtment Reports: A, public Work's Department -Gary Srr~ith: 1. Whi#e Drain Trunk Severer Permanent and Temporary Construction Easement - .)ohn Kennedy: Table until March 26, 2002 Meeting 2. Whi#e Drain Sewer Trunk-- Auvard of Contract: Table until March 26, 2802 Meeting 3. Latecomer's Agreement Request From Jackson's Food Stores: Table until March. 26, 2002 Meeting t3. Park's Department --Tom Kunta: 1. Construction Bid Award for Meridian Settler's Park Phase I: Approve Award to American;Peving for $833,165 6. .(Items Moved from. Consent Agenda) 7. Or+~inance No. 0~8~I4 RZ 01-004 Request for a rezone of 8.2~ acres from L-O to C-G for Waltman Court Subdivision by John Goode -south of Troutner Business Park, between Waltman Lane and Ten; Mile Road: Approve 8. Ot~cllnance No. 02-945 RZ 01-t~f9l6 ,Request for Rezone from I-L do L-O zones for proposed Elixir Subdivision by Elixir Industries - 521 Nor~fi Eagle Road: A~}prove 9. ~ ; ean~e Noy „~, .,6 RZ 01~ Request for a rezone from ~n~p8 to L-O!ztutr~ for Meridian Watelr t~artment by Meridian Water ip~rtment - 2235 Northwest 8th Street: Approve 10. Pwi~c Hearing: AZ04-018 Request fqr_ annexation and zoning of 85.36 acres from RUT to C-C and C-G zoni for proposed EI Dorado Subdivision by W.H. IlAoore Company -southwest corner of East Overland Road and South Eagle Road: Amy to prepare Findings of Fa~tand Conclusions of Law for Approval Meridian City Council Agenda - March l ~, 2802 Page 3 of 4 All materials prese~ed at public meetings shall becomeiproperty pf the City of Meridian. Anyone desiring acerommodation for disabilities related to documents and/or hearings please contact the City Clerk's 0ilice at 88811433 at least 48 hours.prior to the public meeting. 4 ~ i ;~ ~ ~ ~ ~. c, {~ . ~ i 11. ~~ Hearing: PP + ~ : Request for. i~irnirrary Pla# approval of 32 i~uil~ing lots and 17 "~ ion +/- on 8.36 acres in a proposed C-C and C-G~ zone -for proposed Ll' Dorado Busines~e Campus by W.H. Moore ~Gvrr~pany - .southwest corner of East Overland Road and South Eagle ;Road: Attorney to prepare Findings of Fact and Conclusions of Law fir proval 12. Fub~l~c Hearing: CUP 01-037 Request for a Conditional Use Permit for mixea~ use with office,. retail, restaurant and hotel/motel for proposed EI ®arado Business Campus by W.H. Moore Company -southwest corner of fast Overland Road .and South Eagle Road: Attorney to prepare Firings of Fact and.:Conclusions of Law f~rr Approval 13. Ric Hearing: AZ 01-027 Reques# for:an'''nexation and zoning of 77.9 ~cre~s in a proposed R-8 zone for proposed Baldwin Park Subdivision by ;Capital Development Co. - %4 mile south of McMillan Road, east side of Liner Road: Attorney to prepare Findings of Fact and Conclusions ~f Lew for Approval 14. Pubic Hearing: PP Q1.024- Request for Preliminary Plat approval of 272 building lots and 16 other lots on 77.9 acres in a proposed R-8 zone for Batdwin Park Subdivision by Capital Development Co. --'/4 mile south of ~AcMilian Road, east side of Linder Road: Continue Public Hearing to ~I-pr~l.2, 2002 AAeeting, 19. 'i~ut»lic Hewing: VAR 01-020 Request for variance on block lengths for oneside of two blocks within the proposed Baldwin Park Subdivision by Capital Development Co. - %4 mile south of McMillan Road, east side of Linder Road: Continue Public Hearing to April 2, 2002 Meeting 16. Pic Hearing: VAC ,fat-001 Request for a vacation of an existing sewer easement in the proposed SundanceRlace Subdivision by Briggs Engineering -west side of Meridian Road, ,~~ mile north of Ustick Road: Attdrrney to prepare Findings of Fact aid Conclusions of Law for Ap{wal 17. '~~ Q2-001 Requestif~r a one year Time Exsion of the Preliminary Plat ap~ptoval for Miai~ne Commercial Complex; by The Land Group, Inc. - n4rthwest corner of Fairview Avenue and Hickory Lane: Approve 18. lr~ar, Sewer and Trash Delinquencies: drove Meridian City Council Agenda -March l9, 2002 Page 4 of 4 All materials presc~d at ~blic meetings shall become properly 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. I/IT'Y OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 19, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird ~_ Mayor Robert Corrie 2. Adoption of the Agenda: Utd~~t ~.e Q/~ ~n-~,ev~ ~~~'~`~' 3. Presentation of City Logo: /~Q/-/~ ~ ,~-c y /1'1 Qh-w~~~~ d/vph~v~ dew Le~C- /d5o 4. Consent Agenda: A. Approve minutes of February 27, 2002 City Council Special Meeting: a~j'1ra~v~ B. Approve minutes of March v, 2002 City Council Regular Meeting: ~~~ 1~- C. Approve minutes of March 6, 2002 City Council Special Meeting: D. Tabied from February 5, 2002: Order Granting Appeal: AP 01- 00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: ~f fie- G'~~2 ~d'Z 23 ~ Zoo 2 ~~ - E. Findings of Fact and Conclusions of Law for pproval: AZ 01- 021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones fob proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: ~v wc__ - F. Findings of Fact and Conclusions of Law for Approval: PP 01- 022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Te/n~,Mile Road: Meridise City Council Agenda -March 19, 2002 Page 1 of4 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 Cleric's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ r - G. Findings of Fact and Conclusions of Law for Approval: CUP 01-040 Request for a Conditional Use Permit for a Planned Development for 34 townhouses in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 01-042 Request for a Conditional Use Permit for a Building Structure to be used as a Daycare Center in an L-O zone for Dreamland Education Center by Monvand Enterprises, LLC - south of East Leslie Drive and west of North Eagle Road: I. Findings of Fact and Conclusions of Law for Approval: AZ 01- 026 Request for annexation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee southeast corner of West Cherry Lane and North Black Cat Road: v~ J. Findings of Fact and Conclusions of Law for Approval: PFP 01-009 Request for Preliminary/Final Plat approval of 2 building lots on 2.30 acres in a proposed R-4 zone for proposed Hearthstone Subdivision by Robert Lee -southeast corner of West Cherry Lane and North Black Cat Road: ~~~v~~ ~ - K. Thousand Springs Subdivision Restrictive Covenant: ~~~ ~iira.~72 ~Yi? 2~ Zov 2 ~+-~ L. Well No. 21 and 22 Pumping Facilities Change Orders - SCADA System Upgrade: ~~rnt~ M. Ashford Greens Water Latecomer Agreement - Brighton Corporation: o~~r~pV~ N. Ashford Greens Pressure Sewer Latecomer Agreement - Brightan Corporation: v~- O. Bedford lace Water Latecomer Agreement - Brighton Corporation: ~'~~ P. Agreement for Professional Services Addendum -Ten Mile Interchange Sewer Study, JUB Engineers: ~ ~,.e~ Q. G&H Enterp ses II (KFC/A&W) Water Line Easement: v~v o R. Addendum t Joint Powers Agreement between City and Meridian Rural Fire Protection: ~pPr~ v~.e, Meridian City Council Agenda- March 19, 2002 Page 2 of4 All materials presented at public meetings shall become properly of the City of Meridian. Arryone desiring accommodation for disabilities related to documents and/or hearings please comact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5. Department Reports: A. Public Work's Department -Gary Smith: 1. White Drain Trunk Sewer Permanent and Temporary Construction Easement -John Kennedy: 2. White Drain Sewer Trunk -Award of Contract: ~~ ui~r7 f12 a~.F,k 2 ~~ 200 ~ h'~~, 3. Latecomers Agreement Request From Jackson's Food Stores: ~~ li~'Y /Lz~rlt Z~~ 202 ~...~ B. Park's Department -Tom Kuntz: 1. Construction Bid Award for Meridian Settler's Park Pha a I: ~,o~~~-~r ~w~.~~ i.~~~c~~~~~ , x'833 ~~5~ 6. (Items Moved from Consent Agenda 7. Ordinance No. OZ ~ ~`~~ RZ 01-004 Request for a rezone of 8.29 acres from L-O to C-G for Waltman Court Subdivision by John Goade -south of Troutner Business Park, between Waltman Lane and Ten Mile Road: ~~rvtr-ems 8. Ordinance No. ~~ -g~S RZ 01-006 Request for Rezone from I-L to L-O zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: ~p~rov-~ 9. Ordinance No. ~~ ~ l~6 RZ 01-004 Request for a rezone from an R-8 to L-O zone for Meridian Water Department by Meridian Water Department - 2235 Northwest 8th Street: a~a~~-ems 10. Public Hearing: AZ 01-018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company -southwest comer of East Overland Road and South Eagle Road: 11. Public Hearing: PP 01-020 Request for Preliminary Plat approval of 32 building lots and 17 other lots +/- on 85.36 acres in a proposed C-C and C-G zone for proposed EI Dorado Business Campus by W.H. Moore Company -southwest corner of East Overland Road and South Eagle Road: ~fv~.h.e~ ~ ~Y~e~a.,,e- ~~~ >1 G/-~ ~ ~~~rvvre~ Meridian City Council Agenda -March ] 9, 2002 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Cleric's Office at 888-4433 at least 48 hours prior to the public meeting. i 12. Public Hearing: CUP 01-037 Request for a Conditional Use Permit for mixed use with office, retail, restaurant and hotellmotel for proposed EI Dorado Business Campus by W.H. Moore Company -southwest corner of East Overland Road and South Ea,9le Road: 13. Public Hearing: AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. - %4 mile south of McMillan Road, east side of Linder Road: 14. Public Hearing: PP 01-024 Request for Preliminary Plat approval of 272 building lots and 16 other lots on 77.9 acres in a proposed R-8 zone for Baldwin Park Subdivision by Capital Development Co. -- %4 mile south of McMillan Road, east side of Linder Road: ~"or~i h ~ /~,~ r~ ~1ps>2 Z, 2ov Z i~ 15. Public Hearing: VAR 01-020 Request for variance on block lengths for one side of two blocks within the proposed Baldwin Park Subdivision by Capital Development Co. - '/ mile south of McMillan Road, east side of Linder Road: - ~-c-n~inuce~ ~~h- ~ ~~7 Z~ 2~ D Z /nft~ 16. Public Hearing: VAC 02-001 Request for a vacation of an existing sewer easement in the proposed Sundance Place Subdivision by Briggs Engineering -west side of Meridian Road, '/ mile north of Ustick Road: 17. TE 02-001 Request for a one year Time Extension of the Preliminary Plat approval for 11Aallane Commercial Complex by The Land Group, Inc. - northwest corner of Fairview Avenue and Hickory Lane: ~-r,~ 18. Water, Sewer and Trash Delinquencies: ~~~ ~~ Meridian City Council Agenda -March 19, 2002 Page 4 of4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to dowments and/or bearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council. Meeting March 19, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M., Tuesday, March 19, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: William Nichols, Mike Worley, Gary Smith, Shari Stiles, Brad Watson, Will Berg, Ken Bowers, Tom Kuntz, and Dean Willis. Item 1: Roll-call Attendance: Corrie: I will open the City Council regular meeting on Tuesday, March the 19, 2002, at 6:30 P.M. We will begin the meeting by roll call, Mr. Clerk. Roll Call: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X .Mayor Robert Corrie Item 2: Adoption of the Agenda: Corrie: I want to thank everybody for being here this evening. I notice we have a scout in the audience and glad to have him here and we will see if we can't give him some pointers. Thank you for being here. Council, the second item on the Agenda is the adoption of the Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would like to, with your permission, at the end add a couple of things within -- a couple of emergencies that have come up within the parks deal. Won't be a -- just a little item or two that I would like to add on if I could. It won't take over a couple minutes. Corrie: Okay. This was on the parks? Bird: Yes. It would be for the parks. Corrie: Fee for the parks? Bird: No. It would just be for the parks. There is two items. Corrie: Oh. Okay. Meridian City Council Meeting March 19, 2002 Page 2 of 73 Bird: Parks issues, yes. I -- well, I guess we have the Consent Agenda, take -- I know Item D on the Consent Agenda needs to be tabled to -- I would say April 23ra D. And, Mr. Mayor, I also had a question on Item K, I'd like to pull that off and I think that Mr. Nary did, too. I'd like to pull that off and make that 6-K. Corrie: Okay. And the E, F, and G, we'd like to pull that off, too, I think, am I not correct? Nary: That is correct, Mr. Mayor. If we could pull that off for a separate discussion on that one as well. Bird: E, F and G? Nary: E, F and G. Bird: Okay. So we make it 6-E, 6-F and 6-G? Nary: Yes. De Weerd: Mr. Mayor? Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Also under 5-A, items one, two, and three, the Public Works Department, Department Reports, those have been requested to be table to March 26 h. Is that correct, Gary? Smith: Yes. Corrie: Okay. All three? De Weerd: Yes. All three. Corrie: Any other additions or corrections? Bird: I have none. Mr. Mayor, with that I would make a motion that we adopt the agenda with the noted changes. Nary: Second. Corrie: Okay. Motion made and seconded to adopt the Consent Agenda with the noted changes. Any further discussion? Okay. Roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; De Weerd, aye; Bird, aye. Corrie: I guess the next item would be Departments Reports, B, Parks Department. Meridian City Council Meeting March 19, 2002 Page 3 of 73 De Weerd: Mr. Mayor? Corrie: Yes. Item 3: Presentation of City Logo: De Weerd: Item No. 3 is the presentation of the City Logo and so I would like to introduce to you our -- my cohorts. I think we have been working on the City Logo for well over a year. We are trying not to count how long this has taken, but they have been very diligent and have put a lot of time and effort into this and I would like to recognize them for all of their efforts and I think Will and I had talked at one time to give you something physically, but since he and I haven't talked I don't think we have done that. But I would certainly -- oh. Okay. Will, will give you a hug. I will, too. This project went back before I came on tap -- before I got on City Council and we relied on feedback from staff members, community members, we had all kinds of pictures and ideas of where the citizenry would like to go with this and so with all of that collected and pulled together, the end result is what they will display today. Darcy has her own graphic design business and Mark -- I think many of you have seen his artwork hanging up in our fire station and he's very fond of firefighters and a lot of their issues. So we appreciate everything you have done in that, too. Your most recent print is just beautiful. It has several of our firefighters in it as well. So with that maybe, Darcy, you can get up and give an overview and pass out the logos and kind of unveil it. Manwaring: Thank you. When Mark and I began designing the city seal we really wanted to capture the essence of Meridian and Tammy communicated very well that Meridian was looking to establish its own identity and we have tried to incorporate several elements into the final logo. Aside from wanting to portray Meridian as a forward moving, central point of the Treasure Valley, all felt the best way to capture its charm and represent Meridian's history was by the use of Mark's artistic illustrations. We felt it gave us the motivation a little better, if not -- our hope was that the illustrative seal would become the recognizable seal of Meridian, with a more simplified format being available for pieces that required less detail than the illustration. With that in mind we'd like to present two versions, along with providing you with samples on how each would best be used, just to simply the whole process of deciding what's for what, if that's what you decide to do. We'd like to thank the City Council for allowing us to design the seal and it will be an honor for our family to see it representing Meridian. Our kids are excited. They think we are cool all of a sudden. I know that one of the concerns on the illustration was this -- how it looks when it gets small and smallness would be on the business card and letterhead, so on page three I put some layouts down for you to view the difference and give you some options there. De Weerd: If you go further into your packet you will see the detail illustrations on official documents and we do know that the vote was taken and we kind of looked at the simple line art, but we are still a little bit hung up on the detail, so we just wanted to give it one last shot and so you can see how it's used on official documentation, such as the Meridian City Council Meeting March 19, 2002 Page 4 of 73 letterhead. There is also right following that would be the line art sample. Following that there are versions of -- to incorporate it onto car doors or also embroidered type of lettering on shirts and those kind of things are the following two pages. These are the colors that were chosen to be used in this city seal and city logo. Manwaring: My colors, they are close to accurate, but the printer was a little bit off, so I brought this hand-held swatch to show the colors and in case there is any decision on changing the colors, I can leave this with you or the committee to go over colors, if you want to finalize the colors. De Weerd: After tonight the art work can be done and we can get it out on our city letterhead and business cards and those kinds of things and I know that Will has been holding off ordering anything, so after tonight we can get that ball rolling. Are there any comments? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So if I'm looking at the second to the last page here, the thought is on all vehicles we wouldn't have either the line art drawing or the building, it would just be the circular design, the oval design with the lettering? Manwaring: That's our suggestion. Since it's going to be vinyl print, it's probably going to be too small of detail on a vehicle. De Weerd: The thought was -- Mr. Mayor? -- was that we could incorporate the style of font and the design of the lettering, so that that would be the carried theme throughout it, because we did realize that the art work probably, you know, wasn't practical on some other things, so -- and it really helps to see the illustrations in front of you, rather than trying to visualize it. Nary: Sure. Mr. Mayor? Corrie: Mr. Nary. Nary: I guess since I was the one that made one of the comments, I guess my only concern, though, has always been that we just have one and having two I guess could become very confusing. I think trying to -- the whole idea is we are trying to create an identity and having two to me sends sort of a mixed message of two identities, but I guess my concern originally in the designs were that the more detailed drawing and trying to transfer that to vehicles and trucks and things like that, it wouldn't be able to be done very effectively anyway, but looking at that and I think what Councilwoman de Weerd said, in looking at the design and really not -- having just one of them on the vehicles is probably a better look anyway, it probably would be a little less cluttered and a little more visual to the name, so I do think that makes sense to me, especially when Meridian City Council Meeting • March 19, 2002 Page 5 of 73 you see the art work here and in comparing the two drawings for the other options for the cars or whether it's letterhead and things like that, I think the more detailed drawing is a little -- looks a little better. Manwaring: The feedback I received from our company is the detail drawing outweighs the line art one and that's why I kind of wanted to reinstate that and -- Nary: We are not going to put it on cars anyway, you know, we are looking at size wise of this, even though it's just a little bit smaller, I don't think it really loses any detail to it by doing it that way. I don't think it makes it look poorly at all. I think it looks very nice. So I guess I don't -- I don't have a problem with it and whether or not we want to revisit it -- we voted on it, whether or not we want to reevaluate that and simply go with the one detailed drawing as the city logo and then all these other options are things, just by the nature of your detail that has to be done for the vehicles and such, I would be concerned at trying to do that and then like shirts and stuff, but your suggestion here of just using the name and the lettering being the same makes a lot of sense for that kind of thing. It isn't sending any mixed message to me, so -- Manwaring: Okay. I gave to Mr. Berg a list of what designs would be applicable for what products. For the detailed illustrations probably just want to stay with the engraving, embroidery, and embossing. Those are the only three I can really think of that wouldn't work as well and that's why we have the backup other one. But anything under one and three quarters of an inch would probably just not be illustrational. Nary: I think if we did the -- there are other things like vehicles and shirts and things like that with just the text type of thing, the oval design without the building, I think we don't lose anything with that. I think you're right, in having the drawing before you it really brings it out more. De Weerd: Uh-huh. Manwaring: Good. Corrie: I guess I can't ask myself to speak, can I? I guess I could. On the city vehicles, when I first saw this with the Meridian at the top and the one at the bottom with Idaho on there, I thought maybe we ought to have Idaho on there, but I'm not as hung up as I was at the beginning, because the cars and all that will be in Meridian, Idaho, so they are not going to be out of the state and that type of thing. So I think that would work. Yeah. I think so. Idaho on the stationary and cards really needs to be on there. Any other comments? De Weerd: Will, do you have any comments? The colors look good. I even like the colors we have in front of us. I have no problem with that. Manwaring: Great. Thank you. Meridian City Council Meeting March 19, 2002 Page 6 of 73 De Weerd: So we will just have you work with Will to get started on that and just go with it. Manwaring: Okay. De Weerd: Again, you guys have put much time and effort into it and it's shown in the design there and it's very much appreciated and so I think we need to give them a round of applause. Corrie: Mr. Nary. Nary: Would it be beneficial to have a motion to adopt the detail as the city logo? With that, I would so move that we adopt the detail drawing as presented and the color scheme as presented as the official logo of the City of Meridian. I think the detailed one, that's probably adequate -- De Weerd: I would second that. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes have it. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda: A. Approve minutes of February 27, 2002 City Council Special Meeting: B. Approve minutes of March 5, 2002 City Council Regular Meeting: C. Approve minutes of March 6, 2002 City Council Special Meeting: D. Tabled from February 5, 2002: Order Granting Appeal: AP 01- 00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: E. Findings of Fact and Conclusions of Law for Approval: AZ 01- 021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: PP 01- 022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Meridian City Council Meeting • March 19, 2002 Page 7 of 73 G. Findings of Fact and Conclusions of Law for Approval: CUP 01-040 Request fora Conditional Use Permit fora Planned Development for 34 townhouses in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 01-042 Request fora Conditional Use Permit fora Building Structure to be used as a Daycare Center in an L-O zone for Dreamland Education Center by Monvand Enterprises, LLC - south of East Leslie Drive and west of North Eagle Road: I. Findings of Fact and Conclusions of Law for Approval: AZ 01- 026 Request for annexation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee - southeast corner of West Cherry Lane and North Black Cat Road: J. Findings of Fact and Conclusions of Law for Approval: PFP 01-009 Request for Preliminary/Final Plat approval of 2 building lots on 2.30 acres in a proposed R-4 zone for proposed Hearthstone Subdivision by Robert Lee -southeast corner of West Cherry Lane and North Black Cat Road: K. Thousand Springs Subdivision Restrictive Covenant: L. Well No. 21 and 22 Pumping Facilities Change Orders - SCADA System Upgrade:. M. Ashford Greens Water Latecomer Agreement - Brighton Corporation: N. Ashford Greens Pressure Sewer Latecomer Agreement - Brighton Corporation: O. Bedford Place Water Latecomer Agreement - Brighton Corporation: P. Agreement for Professional Services Addendum -Ten Mile Interchange Sewer Study, JUB Engineers: Q. G&H Enterprises II (KFC/A&W) Water Line Easement: Meridian City Council Meeting • March 19, 2002 Page 8 of 73 R. Addendum to Joint Powers Agreement between City and Meridian Rural Fire Protection: Corrie: Thank you, Mr. Nary. Okay. Item No. 4 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approved the Consent Agenda, with the exception of Items D being tabled to April 23rd, 2002. Items E, F, G, and K being moved to 6-E, 6-F, 6-G, and 6-K on our Regular Agenda. De Weerd: Second. Corrie: Motion has been made and seconded to approve the Consent Agenda with the noted changes. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion approved. MOTION CARRIED: ALL AYES. Item 5: Department Reports: A. Public Work's Department -Gary Smith: 1. White Drain Trunk Sewer Permanent and Temporary Construction Easement -John Kennedy: 2. White Drain Sewer Trunk -Award of Contract: 3. Latecomers Agreement Request From Jackson's Food Stores: Corrie: Item No. 5 is Department reports and there has been a request to table Items No. A-1, 2, and 3. So with that I would entertain a motion for that approval. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we table Items A-1, 2 and 3 to March 26th. Bird: Second. Meridian City Council Meeting • March 19, 2002 Page 9 of 73 Corrie: Okay. Motion has been made and seconded to table Items A-1, 2, and 3 until April the 6th. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Park's Department -Tom Kuntz: 1. Construction Bid Award for Meridian Settler's Park Phase I: Corrie: Item 5-B is Parks Department, report of construction bid award for Meridian Settler's Park Phase One. Tom Kuntz. Kuntz: Thank you, Mayor and Council. You should find in your packets a memo dated March 15th. On the 13th of this month we opened eight construction bids for Phase One of the Settler's Park located on the corner of Ustick and Meridian Road. In your packet is a breakdown of each of the eight companies and their bid prices. Also attached to the bid prices is a schedule of alternatives in addition to the base bid. Alternative No. 1 was additional lawn area. It would create an extra five acres of green space to the original base bid price. Alternate No. 2 was to have the planting of all the trees in Phase One included into the -- or added to the base bid price. And then Alternate No. 3 and 4 dealt with the either 12 or 16-inch water line up Meridian Road and I would like to discuss that further in just a moment. The low bidder was American Paving of Meridian, Idaho, at $833,165. The construction estimate from the Land Group was $1,361,604. After reviewing American Paving's bid, it was determined that they neglected to include the irrigation pump house equipment and after discussing the issue with American Paving representatives, they agreed to include the pump house equipment in their original bid price and you should find in your packet a letter from American Paving from Terry Letts, the vice-president, dated March 15th, confirming that. The second issue which I want the Council to be aware of and I alluded to it a moment ago is regarding Alternate No. 3 and 4 in the bid package. As part of our requirements for approval for this project, it was determined that we were responsible to put in a 12 inch water main up Meridian Road from the Ustick and Meridian Road intersection to our northern boundary line. It was evident that the new development Cedar Springs and Sundance going in concurrently with the park, that that water line would need to be larger than 12 inches. So at the request of the Public Works Department we included Alternate No. 4, which is to upsize that pipe to 16 inches. I would like to call your attention to the difference in the price between Alternate No. 3 and No. 4. No. 3, which is a 12-inch line, which was the requirement put on the Parks Department is $35,000. Alternate No. 4, which is a 16 pipe, is 46,600. The Public Works Department of Meridian is suggesting that they pay the difference, being approximately $11,600, if my math's right there. Also the Public Works Department has initiated contact with the developer J.L. Voigt of Sundance, which is to the east of the park, to try and partner up the cost of that water line. I guess the Parks Department would like to see if they could work something out, so that the. cost of 16-inch water line could be Meridian City Council Meeting • March 19, 2002 Page 10 of 73 shared three ways with Public Works, the Parks Department, and J.L. Voigt, the developer of Sundance Subdivision. With all that, tonight we would respectfully request the City Council award the bit for construction of Settler's Park -- Meridian Settler's Park, Phase One, to America Paving in the amount of $833,165, including Alternative Bid 1, 2, and 4, which is the 16 inch water line. With that I would stand for questioning. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I'm going to be kind, Tom. You know, probably if we would have bid this out this time last year, as we had anticipated, we wouldn't be saving this 500,000 dollars and, you know, we even took our plan last year and cut some things out because of the anticipated prices. This is a result of -- I guess some additional planning and taking advantage of -- it's all in the timing, I guess. Would it be -- would we be able with the savings to add some of the project that was taken out? I don't know if you had that in your original bidding as an alternative. I thought at the time we were going to figure that in, but would that be a possibility? Kuntz: Council Member de Weerd, Mayor and Council, we did cut back on the scope of Phase One for this bid. The two areas that we cut back on were, number one, the parking lot. Included in Phase One is this northern section of the parking lot. Nothing below the green line. Also we scaled back from this dashed line to here, but we left this section in as Bid Alternate No. 1. So with this amount we have moved that line back out to the original area for Phase One. We are getting a cost estimate at this time to add that back in. The other item that was pulled from Phase One, which has an estimated value of about $200,000, is the large restroom-concession area and that was pulled because we do not have a line to the sewer to the north. We would hope that we would be able to bid this project and get it built this summer -- the restroom project being built this summer as part of Phase One and we are anticipating coming back to you with a change order and adding this -- the rest of this parking lot to be built also a part of Phase One, depending on what the estimates come back at. So in a roundabout way, Council Member de Weerd, I think that answers your question in that we still need to add the bathroom in, we know that's out there. Once we have the sewer line designed and my understanding working with Public Works and Gary Lee, who is the developer's representative for Cedar Springs, that we are getting close to having that I would say in the next 60 days? And also we'd like to build the rest of that first phase parking lot if you have got the funds to make that happen. De Weerd: Okay. Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting • March 19, 2002 Page 11 of 73 Bird: It looks like we had some very -- the plans must have been pretty good, because the range of bidding wasn't too far off. High and low wasn't too far apart on that large of a project. I think this is a first for us in the Parks Department in the City of Meridian. We come under our estimated budget, our estimated cost, so I'm very proud of you guys for the way --and the engineers for doing it -- getting it in. Bird: Mr. Mayor? Corrie: Mr. Bird? Bird: I'd make a motion, then. I would move that we enter into a contract with American Paving for Phase One of Settler's 56 acre -- Meridian Settler's 56 acre park, with a base bid of 675,800, Alternate No. 176,765, Alternate No. 2 for 34,000, and Alternate No. 4 for 46,600, for a total of $833,165 and for the Mayor to sign and the Clerk to attest. De Weerd: Second. Corrie: Okay. We have a motion. Council, anymore discussion? De Weerd: Just a final comment, Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: It's great now that we have a name for this park that we will actually have a park there and I know a lot of work has gone into this and we certainly appreciate it and we look forward to breaking ground. Corrie: Thank you, Tom. Okay. Any other comments? Bird: No more weeds. De Weerd: There is no guarantees. Bird: Yeah, there is. Corrie: Okay. With no further discussion, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 6: (Items Moved from Consent Agenda) Meridian City Council Meeting March 19, 2002 Page 12 of 73 E. Findings of Fact and Conclusions of Law for Approval: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: PP 01-022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 01-040 Request for a Conditional Use Permit for a Planned Development for 34 townhouses in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Corrie: Items moved from the Consent Agenda, Items E, F, and G, following has been removed to this point, Findings of Facts and Conclusions of Law for approval on an annexation and zoning of Berkeley Square Subdivision. Also the Findings of Facts and Conclusions of Law on the Preliminary Plat for Berkeley Square Subdivision and also the approval of a CUP on Berkeley Square Subdivision. At this point I believe, Mr. Nichols, do you want to -- Nichols: Mr. Mayor, Members of the Council, the developer's representative Mr. Wardle approached me this evening and there was an item of discussion at the hearing which I don't think got included in the Findings and that had to do with the side yard setbacks for these proposed two story dwellings to be built in this development and I have gone back through the findings that we have prepared for you and I do not see that setback issue specifically addressed, unless it's -- because we tried to pick things up from staff comments and I'm not sure what Shari's opinion is on this issue, because I haven't had a chance to talk to her about it, but if we missed that item -- and I know it was an item of discussion in the Public Hearing, then the Findings need to be changed to reflect your decision on that particular issue. Corrie: Staff? Stiles: Mr. Mayor and Council, what the applicant's representative suggested was on page five, under paragraph 14 of the Findings for the Conditional Use Permit, that the last sentence be stricken from that paragraph and that the preceding sentence be changed to read: The project being proposed is a Conditional Use for a Planned Development in order to allow reduced lot sizes, reduced street frontages, and reduced setbacks. If you think that's acceptable without spelling out the specific setbacks, which we will ask them to do on this plat, the final plat, before they get that recorded, we would recommend that that be changed to reflect that as noted. Nichols: Mr. Mayor? Meridian City Council Meeting March 19, 2002 Page 13 of 73 Corrie: Mr. Nichols. Nichols: Shari, the only change in the setbacks was just the side yard setbacks, was it not? So if we simply said: And reduced side yard setbacks, that would clarify that it only has to do with that part of it. Stiles: Yes. Corrie: Okay. Any other changes? All right. Then I guess, Council, we can approve that with the changes in writing; right? Nichols: Mr. Mayor, Members of the Council, that would be in Item G, so you could approve Items E, F, and G with the change to Item G on page five, paragraph 14, as noted and we will revise that particular page and submit the revised page to the Clerk for insertion into the Findings. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Items 4-E, F, and. G, with the following amendments to Item G, at page five of Condition No. 14, the last sentence of that condition that begins with the word revised, be deleted and that preceding sentence, which now is the last sentence, be amended to read that the project is being proposed as a Conditional Use for a Planned Development in order allow for -- in order to allow reduced lot sizes, reduced street frontages, and reduced side yard setbacks and for the Mayor to sign and the Clerk to attest to these Findings of Facts and Conclusions as presented with the amendment. McCandless: Second. Corrie: Motion has been made and seconded to approve Items E, F, and G, with the corrections on the Conditional Use Permit as stated. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All yeas. Motion is approved. MOTION CARRIED: ALL AYES. K. Thousand Springs Subdivision Restrictive Covenant: Corrie: The next item would be Item K pulled, the Thousand Springs Subdivision restrictive covenants. I believe Mr. Nary had a question on that. Meridian City Council Meeting March 19, 2002 Page 14 of 73 Nary: Yes. Mr. Mayor, I reviewed this and I remember the discussion regarding this particular lot and the concerns and all of that. I guess what I'm concerned with is that this restrictive covenant that's being proposed is being proposed by the current property owner, with the city being a party to it, and I'm not sure any reason -- I can't see any reason why legally that the city needs to be a party to this restrictive covenant. He can apply for restrictive covenants without the city's approval and, secondarily, I'm assuming -- at least my recollection of this discussion regarding this issue was that there was -- what (remember being told is that there were already plat conditions on this property that covered this restrictive covenant and it just hadn't been adhered to previously. So, again, I'm not sure why the city needs to be a party to this restrictive covenant. I guess my familiarity most of the time with covenants is that the city will put restrictions regarding maintenance in a common area, maintenance of the drainage, maintenance of things that would impact the public and whether or not the public would have to maintain it. This is a restrictive covenant regarding a window in a building that the city doesn't have any particular interest in having a covenant, so I'm not sure why the property owner thinks the city needs to be a party to this, they can record it and they don't need our approval. So I guess I'm guess I'm curious as to what the necessity for it is I think. I think Mr. Bird had a question or -- Bird: I just -- you just said the same -- I had the same question that -- that Councilman Nary had. I can't figure out why we are being involved in this when they -- it can be done by the landowner and I think we are probably getting into areas that we don't need to be involved in. Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, let me just explain to you how this came about and why it's the way it is. When this particular subdivision was approved, the city had some -- the Council had some concerns about on the edge of the subdivision the houses only be one story. One of the things that we have learned through the course of this thing is that we now need, the next time that comes up, to address neighbor concerns, we need to, A, say there will be no in-fill dirt in the -- on those same lots, which will build up the level of the homes and, secondly, that we will impose a height restriction and -- in addition to the story restriction. This particular house -- the checkered past, if you will, of this house is that the builder contracted with -- let me back up. The builder had some connection with the purchase of the lot. It is the last lot on this edge of the subdivision to be built upon. The builder then contracted with a private party to build a home for that party and that party also purchased the lot from the builder's grandmother. The plans that were drawn up showed a bonus room over the garage, but no second story or anything that would approach that on the backside of the house, which is the part of the house that faces the neighbors that opposed the development in the first place. Then -- but also the builder contracted with this party to include an extension of this bonus room to the back of the house to be an unfinished storage area. But it wasn't in the original plans. The building department approved the plans with the bonus room over the garage, but not with the bonus room to the back. Then the developer ordered -- or the builder ordered his truss package, constructed the Meridian City Council Meeting March 19, 2002 Page 15 of 73 house, and the building department approved the framing even though the framing did not fit the plans. At the point that a window was framed in the upstairs, the neighbors complained that the city was not enforcing their restrictions that had been placed in the Development Agreement, which was supposed to have been placed on the plat, but did not get on the plat. The plat contains a reference to the Development Agreement, but the plat does not contain a reference to this restriction on one story only on this series of lots. So, anyway, the house gets built, the builder takes the window out of the -- there is a window into this attic space. The builder takes the window out, the party with whom they have a contract to purchase the lot was not happy and basically the builder bought the lot and bought the house back from this individual. We still have an issue of the neighbors down below complaining and feeling their property rights can be devalued by the potential of having a window in a second story look out onto their property. So it was proposed by the builder's attorney that there been -- well, it was either -- I can't now at this point, it's been so many things back and forth -- it may have been my suggestion that there be a restrictive covenant which would prohibit a window in that gable end on the backside of that house and the reason the city is a party to this is so that we have enforcement authority over the issue of the window that's not an issue that's in the original Development Agreement, other than the second story prohibition, but we already approved the framing of essentially a second story. So that's why the restrictive covenant has the city as a party to it, so we did have some enforcement authority if somebody comes in to try to, A, get a building permit to extend that living space into that extension or, two, if we have somebody that goes in, in there and tries to put in a window out there and the neighbors complain, then we have a basis upon which we can say no window. So that was my reasoning. It may be flawed, but that was my reasoning to try to get a settlement out of this issue. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: But, Mr. Nichols, they can still record this restrictive covenant without the city being a party to it, can't they? It's their property, so they can record it to avoid a suit from the neighbor or whatever other concerns they may have about how to deal with this legally. Can't Mr. Stacy simply file and record this restriction on his own? Nichols: Councilman Nary, Mayor, Members of the Council, typically covenants -- restrictive covenants have to be in favor of somebody. Now I suppose it could be in favor of another party. If Council doesn't want to approve the Mayor and Clerk to sign this, I will go back and tell the builder he is to record it as to himself and I will go from there. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting March 19, 2002 Page 16 of 73 Nary: I guess my concern, Mr. Nichols, though, is that -- from what you have identified, we have ten other houses along this road that don't have this restrictive covenant that all neighbors believe have a restriction like this, what you're telling us is that it doesn't, none of them do, so what happens when the house next door to this one would like to build awindow -- or build a room? There is no restriction to them. The people that own this house are going to say how come they have a restriction and none of the other houses do, anyway? I mean if somebody goofed and these errors occurred, I understand that, and I understand what you're trying to do is fix that now on this one piece of property, but I guess I still have a concern as to why the city is a party here, because the benefit -- the benefit is to the neighbors who live below grade. Isn't that who is really gaining the benefit? This is not gaining anything, other than fixing our own error. That's the error you're fixing and I understand the reason to do that, but we are not benefiting other than that and that should have been corrected at the plat stage, not now. But I guess I'm just not sure why we need to be a party. Nichols: Councilman Nary, Mayor, Members of the Council, I don't know how to put it any differently than the way I did. So if it's your decision that we should not be a party to this, I will go back to the builder's attorney and tell him such and ask that they record the covenant to any effective party and leave it at that. And as far as those other homes that are already built out there, some of them are, in fact, two story homes that have windows. This was -- but the complaining party said this is the one that looks down into their back yard, the others are around the bend or whatever and they are not so worried about those. I'm just -- that's what was related. Nary: But aren't they neighbors to those houses, too? So I mean isn't this simply just going to raise that to those people that live below those houses to say, wait a minute, those windows aren't supposed to be on this side of the house? Nichols: Councilman Nary, Mayor, Members of the Council, there is only one party that lives below that canal that really was a complaining party when this issue was done and I -- driving out there and looking at it, they are the only ones that could have -- that are close enough to where it's an issue. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: My concern is that having been out there several times is the house right next to it is almost an identical one with a bonus room. What if they decide to go and put a window in the back of theirs and this lot here the city says you can't have it, I mean if Mr. Stacy wants to go have it on his own, that's fine with me, but I think that two wrongs -- I mean we fouled upon the final plat, but I don't think that we should be a party to this restrictive covenant. I think we are starting something that might get deeper than we can get out of. Meridian City Council Meeting • March 19, 2002 Page 17 of 73 Corrie: I think we are in pretty deep anyway, but whatever the Council wishes to do on this one, approve or not approve it, whatever you want to do with it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Nichols, in your opinion would the other party -- the property owner here, do you have any opinion one way or the other if they simply record this without the city being a party? Nichols: Councilman Nary, Mayor, Members of the Council, I do not know. It's possible that they would record it, because they have been in settlement discussions with the neighbors that are affected and the neighbors have effectively said we will go away if there is a recorded restrictive covenant which prohibits a window and Ishould -also say that the other houses around it, at least my recollection of their construction, on either side of this house they are definitely one story houses and there is no bonus room that's extended to the back of the house that I could see. It looks like astraight -- probably 6/12 or better pitch roof on the backside of the house. Doesn't have a gable end. Nary: I guess, Mr. Mayor, what -- I guess what I would like to do is --unless anyone else -- I'd like to table this particular item and ask Mr. Nichols to discuss with the attorney for the other -- council for the party to see if they can record this covenant and then it's for their benefit without the city being a party to it and that we table this for a couple of weeks and give you some time to do that. We could certainly revisit the issue and whether or not there is any other alternative, but I guess I have the same concern Mr. Bird has, it seems like they are trying use aBand-Aid to fix their problem that really is a problem and just trying to fix it now and I just hate to get into the situation of saying -- we need to do it properly, but if we have a couple of weeks, then maybe they can simply do it and make it go away, then that would be the end of that, so -- Bird: Was that a motion? Nary: That would be a motion that we table item -- I guess it's 6-K, Thousand Springs Subdivision Restrictive Covenant for I guess two weeks to the April 2nd meeting. Bird: Second. Corrie: Okay. Motion has been made and seconded to table Item 4-K until April the 2nd, 2002, and to have the attorney check with the builder's attorney. Any further discussion? Hearing none, all in favor of the motion say aye. Opposed no? Motion carried. April 2nd, Mr. Berg. Put that on there. MOTION CARRIED: ALL AYES. Meridian City Council Meeting • • March 19, 2002 Page 18 of 73 Item 7: Ordinance No. RZ 01-004 Request for a rezone of 8.29 acres from L-O to C-G for Waltman Court Subdivision by John Goade -south of Troutner Business Park, between Waltman Lane and Ten Mile Road: Corrie: All right. Item No. 7, Ordinance No. 02-944, which requests for a rezone of 8.29 acres from L-O to a C-G for Waltman Court Subdivision, south of Troutner Business Part, between Waltman Lane and Ten Mile Road. Mr. Clerk, if you will read Ordinance No. 02-944 by Title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-944, an Ordinance finding that John and Sandra Goade, the owner of certain real property known as Waltman Court Subdivision has made a written request for the rezone of the zoning classification for real property that lies within the boundaries of the City of Meridian from L-O (Limited Office District) Zoning District to C-G (General Retail and Service Commercial District) as defined under Meridian City Code Section 11-7-2 K, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith; and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: Okay. You have heard the reading of Ordinance No. 02-944 by Title only. Is there anyone from the public that would like to hear the Ordinance read in its entirety? Hearing none, I'll entertain a motion by Council on Ordinance No. 02-944. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance No. 02-944, request for a rezone of 8.29 acres from L-O to C-G for Waltman Court Subdivision, with Suspension of Rules. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance No. 02-944 with Suspension of Rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for Ordinance 944 approved. MOTION CARRIED: ALL AYES. Item 8: Ordinance No. : RZ 01-006 Request for Rezone from I-L to L-O zones for proposed Elixir Subdivision by Elixir Industries - 521 North Eagle Road: Meridian City Council Meeting ~ • March 19, 2002 Page 19 of 73 Corrie: Item No. 8 is an Ordinance 02-945, it's a request for a rezone from I-L to L-O zones for proposed Elixir Subdivision by Elixir Industries, 521 North Eagle Road. Mr. Berg, if you would read Ordinance No. 945 by Title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-945, an Ordinance finding that Elixir Industries, the owner of certain real property known as Elixir Subdivision has made a written request for rezone of the zoning classification for real property that lies within the boundaries of the City of Meridian from I-L (Light Industrial District) to L-O (Limited Office District) Zoning District as defined under Meridian City Code Section 11-7-2 G, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith; and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: You have heard the reading of Ordinance No. 02-945 by Title only. Is there anyone from the public that would like to have the Ordinance read in its entirety? Okay. Hearing none, I'll entertain a motion by Council on Ordinance No. 945. .Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Could I ask a question of Shari? I thought this change was for the whole property. It was just for the corner lot or -- Stiles: Just for the lot where Primary Health is going to go. That was all that was requested. Bird: That's all that was requested? Stiles: Yeah. Bird: Okay. Corrie: Any other questions? Bird: I have none. Corrie: Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Ordinance No. 02-945, request for a rezone from I-L to an L-O zone for proposed Elixir Subdivision by Elixir Industries, 521 North Eagle ~ i Meridian City Council Meeting March 19, 2002 Page 20 of 73 Road, also with the suspension of the reading of the Rules and also a correction to the text to reflect 2002. Corrie: Okay. Do I hear a second? Bird: Oh. I will second it. Corrie: Okay. Motion has been made and seconded to approve Ordinance No. 945 with Suspension of Rules. Roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All yeas. Motion on Ordinance No. 02-945 is approved. MOTION CARRIED: ALL AYES. Item 9: Ordinance No. RZ 01-004 Request for a rezone from an R-8 to L-O zone for Meridian Water Department by Meridian Water Department - 2235 Northwest 8th Street: Corrie: Item No. 9 is Ordinance No. 02-946. This is a request for a rezone from R-8 to L-O zone for Meridian Water Department by Meridian Water Department, 2235 Northwest 8th Street. Mr. Clerk, if you will read Ordinance No. 946 by Title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-946, an Ordinance finding that the owner, City of Meridian, for certain real property has made a written request for rezone of the zoning classification for real property that lies within the boundaries of the City of Meridian from R-8 (Medium Density Residential District) Zoning District to L-O (Limited Office District) as defined under Meridian City Code Section 11-7-2 G, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith; and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: Okay. You have heard the reading of Ordinance No. 946 by Title only. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I'll entertain a motion by Council on Ordinance No. 946. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we acceptteeDOrdartment by Mer9d anrWatertDepartment and R-8 to an L-O zone for Meridian Wa p with the Suspension of Rules. Meridian City Council Meeting March 19, 2002 Page 21 of 73 Nary: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance 946 with Suspension of Rules. Further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is carried for Ordinance No. 946. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: AZ 01-018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company -southwest corner of East Overland Road and South Eagle Road: Item 11: Public Hearing: PP 01-020 Request for Preliminary Plat approval of 32 building lots and 17 other lots +/- on 85.36 acres in a proposed C-C and C-G zone for proposed EI Dorado Business Campus by W.H. Moore Company -southwest corner of East Overland Road and South Eagle Road: Item 12: Public Hearing: CUP 01-037 Request for a Conditional Use Permit for mixed use with office, retail, restaurant and hotel/motel for proposed EI Dorado Business Campus by W.H. Moore Company -southwest corner of East Overland Road and South Eagle Road: Corrie: We are at Item Nos. 10, 11, and 12, dealing with the EI Dorado Business Campus. At this point I will open the Public Hearing on Items 10, 11, and 12. Item 10 being the request annexation and zoning of 85.36 acres from RUT to a C-C and C-G zones for proposed EI Dorado Subdivision by W. H. Moore Company. Public Hearing on request for Preliminary Plat approval of 32 building lots and 17 other lots +/- on 85.36 acres by EI Dorado Business Campus. And also open the Public Hearing on the request for a Conditional Use Permit for mixed use with office, retail, restaurant and hotel/motel for proposed EI Dorado Business Campus by W.H. Moore, southwest corner of East Overland Road and South Eagle Road. So with that being said, the Public Hearing being open, I'll entertain -- or ask the staff to give comments first and then we will have the developer's comments. After the developer's comments we will have any public comments for or against it and then the developer will have the last of the Public Hearing. Mrs. Stiles. Stiles: Mr. Mayor and Council, this is for approximately 85 acres of property located at the southwest corner of Eagle Road and Overland Road. It is directly west of Silverstone Subdivision being developed by the Sundance Company. They are -- to the south is the Thousand Springs Subdivision and then there is vacant land that is currently owned by other developers ready to come in. As part of the Thousand Springs Meridian City Council Meeting March 19, 2002 Page 22 of 73 Subdivision there was a pedestrian pathway that was proposed over the Ridenbaugh Canal. This was made a requirement by Ada County Highway District in lieu of a vehicular crossing of the Ridenbaugh at that location. The requirement was to bond for half of the cost of a pedestrian bridge. I'm not sure if that actually ever happened. And it is presently constructed up to the right-of-way line, the pathway itself being -- that you can see in one of these pictures. This is showing from the street in Thousand Springs Subdivision going north. This would be the Ridenbaugh Canal here and then here would be back at the Ridenbaugh Canal going into the subdivision. They have requested zones of C-C and C-G, similar to what was proposed at Silverstone Subdivision, even though those particular zones do not happen to coincide with the uses they are proposing. I believe that the uses they are proposing are the exact same uses that have been approved as part of the Silverstone Subdivision development. Those uses would be included in the Development Agreement for the property. As part of the approval or the recommendations from the Planning and Zoning Commission, in the annexation and zoning portion, if you could refer to those recommendations, Ihad a couple of changes. Some of these are requested by the applicant and some of them by staff. On page one of the annexation and zoning recommendations, paragraph two should be changed to reflect the owner of the property is Kimball Properties Limited Partnership with managing partner Winston H. Moore. On page two per the Position Statement submitted by Bruce Freckleton, paragraph one should read: The revised legal descriptions appear to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. I believe that covered all of the recommendations for the annexation and zoning portion. For the Conditional Use Permit, the recommendations, starting with page three, paragraph seven, this would be the most recent set of recommendations you have that were revised on March 13th. Paragraph seven, third line, Goldstone should be changed to Copper Point. There was -- this refers to the proposal to have their pathway improvements completed. The pathway and the landscape improvements completed. They are proposing a pathway as one of their amenities along the Ridenbaugh Canal outside of the easement, I believe, and the initial requirement was to have all of those done prior to any occupancies within the entire subdivision, which is typical of our requirements. However, the Planning and Zoning Commission recommended that any property south of this would not receive their occupancy certificate until those improvements were completed or the future city park located down near the high school in the area that we are working on a park, whichever occurred first, the opening of that ,park or prior to occupancy on these lots on the south. On page three again, paragraph 8, that recommendation was recommended for deletion by the Planning and Zoning Commission. It was not reinstated by the Planning and Zoning Commission. Staff actually asked to delete this requirement. It would have required a pathway between a couple of the lots in this subdivision that would be a six-foot wide pathway with a five foot landscape buffer on both sides. We didn't feel that the purpose was any purpose -- real purpose was served by doing that, as they will have access through the pathway that's adjacent to the property line and also the existing -- or the future parking lots would provide access to that. • Meridian City Council Meeting March 19, 2002 Page 23 of 73 Nary: Ms. Stiles, could you tell me again what the -- the one you just said was number eight? Stiles: Yes. Nary: Did the Planning and Zoning Commission recommend what you're saying now the staff doesn't want or are these just incorrect or what is it? It says here the Planning and Zoning Commission further recommends that they comply with this regarding laterals and you're saying -- and I thought I heard you say the staff didn't agree with that and that's what you're asking to amend. Did I misunderstand you? Stiles: Well, Mr. Nary, I'm not real clear on how that happened. I didn't get a chance to talk to Brad before he left and Mr. Seal is here tonight, perhaps he can shed more light on. The way it sounds is that they submitted -- they deleted it from the report and that the Planning and Zoning Commission didn't ask for it to be put back in. I'm not real sure how that happened. Nary: Okay. Stiles: Then on page four, paragraph six, this deals with the required pathway, the pedestrian pathway and bridge to access the Thousand Springs Subdivision. We did receive a letter from Nampa-Meridian Irrigation District, their water superintendent, saying they are not interested in entertaining the idea. I don't read that as a denial of it. I guess we would just need your advice and council on where we would need to go if Mr. Jonathan Seal would be willing to actually go to the board of directors and see if we could be successful in getting that requirement -- getting that pathway to remain or if you want -- if it's your decision to just drop it and not pursue the access across the Ridenbaugh Canal, we will do whatever it is you want us to do. If it were the case that you did not want us to pursue that bridge across the Ridenbaugh Canal, we could just delete that paragraph. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Stiles, this is what the Planning and Zoning Commission recommended? I mean -- Stiles: Yes. Nary: -- is that what they wanted? Stiles: They want the bridge to be -- the pathway and bridge to be constructed, but they asked if they could get a copy of the written denial of the crossing, then the condition would be removed. Meridian City Council Meeting March 19, 2002 Page 24 of 73 Nary: So why would we delete it now if they have already discussed it and that's what they recommended and there is an option here for the developer if they can't acquire that, to have it deleted? Why would be simply just delete it if that's what the P&Z recommended? Stiles: Because we haven't yet received the denial. Nary: Okay. Then he needs to build it, unless he brings it; right? Stiles: Right. Nary: Okay. But I guess I'm more concerned of why would we simply just delete a condition that the Planning and Zoning Commission recommended just because? I mean they have given him an option on what to do. There is no reason to simply just delete it; right? Stiles: Right. It should be figured out before we -- before you make your decision, though. I guess that can be handled at the final plat stage. Nary: That's what it sounds like to me. Stiles: Yeah. On page four, item seven, the applicant did provide two amenities that are the open spaces and the jogging path and I guess I'm not clear -- I'd have to go back to the landscape ordinance. I thought the landscape ordinance still would require the five percent regardless of whether they had other amenities. I believe that's how it reads currently. So we would need calculations to indicate that they have their -- their minimum of five percent, which would be 4.25 acres for the development. So I guess that was never provided to the Planning and Zoning Commission either, unless they -- apparently staff advised them the development satisfied the two amenities, but I still believe that the five percent minimum would be a requirement. As you can probably guess, the pedestrian walkway and the bridge over the Ridenbaugh Canal was a big issue with the neighbors in Thousand Springs. Some have called to say they actually would like it and, of course, the people immediately adjacent to the existing pathway would not like it and they may have some other representatives from the subdivision, too, that are not interested in having that connection, they have some fears about crimes being committed and access too easily into their subdivision. Another thing that came up during the public hearings was the property owners to the west had previously requested more accesses to their properties. There is approximately 80 acres between this development and the high school site that will be developed as mixed use or commercial and they just had requested further access. The first request they had made was to have three accesses. Planning and Zoning Commission did not recommend that -- or did not agree with that recommendation and they had recommended to the City Council that the configuration as shown on the wall now be approved. They would have -- this would be a typical building within the subdivision. The landscaping. As part of the Conditional Use Permit if they keep the same basic configuration and the uses are as proposed in the exhibit to the Development Meridian City Council Meeting March 19, 2002 Page 25 of 73 Agreement, it would not have to go back through another conditional use process. This is showing one of their features for the subdivision, a fountain. Showing the entryway into the project. And that's all I have, unless you have some more questions. Corrie: Council have any other questions? Bird: I have none. Corrie: Okay. Is the developer's representative here today? Raise your right hand. Also if staff would raise your right hand. Is the testimony that you have given or are about to give the truth, the whole truth, and nothing but the truth, so help you God? (Affirmative answers.) Seel: My name is Jonathan Seel. I'm with the W.H. Moore Company, 600 North Steelhead, Boise, Idaho. I'm here representing Winston Moore. What I would first like to do is talk a little bit about the project. I think as you can see here we have got a color rendering which shows the project. A little bit about Winston's vision on this project. He visualizes that this is probably one of the premier business parks in the state of Idaho. I think it would be very comparable to Silverstone. We see this as one of the focal points in the City of Meridian. It will be a business park that I think will attract firms throughout not only Ada County, the state of Idaho, but certainly it's not difficult to say throughout the country. I have worked in real estate in places like Los Angeles and Dallas and I can tell you that this park here, that this is second to none. This is equal in quality to anything you see in major cities. You will be able to attract the type of firms out of state that would come in here and want to locate in this type of business park. Some of the amenities I'd just like to talk to you about. Along both Eagle Road, as well as Overland Road we are going to have a 35-foot wide landscape buffer. We will have meandering sidewalks throughout the project. It's hard to see, but you can kind of see from the jogging paths that travel throughout the project, both up here and down here will be common areas where there will be picnic tables and other things so people can spend their free time. We are putting a pathway along the Ridenbaugh Canal here, which will follow right along the Ridenbaugh. The streets that are coming in, you can see that we have put islands within streets, I think for -- I'm not an architect, but I guess, for lack of a better way, to kind of soften the appearance of it. As we mentioned, over here at this point right here we will have a water feature. It may not be identical to this, but it will certainly be somewhat in this quality of it, again, because we visualize this as one of the focal points of the community. At the entrances to the project we will have similar things -- again, some of these might change slightly, but, again, this will give you not only I think the flavor, but the quality of the type of stuff that will be in here. It will make a very very positive statement. I think you can see throughout the entire project that it is going to be a very attractive project. I think the other thing to keep in mind in this project -- I mentioned Winston Moore is the developer and I think we are probably all somewhat familiar -- I certainly am, I should say, with the type of quality development he does and he plans to continue that type of quality here. If you drive down Emerald, if you drive down River Street, places like that, you have seen what he has done in the past and he Meridian City Council Meeting • March 19, 2002 Page 26 of 73 plans to continue this. This will be a Class A project. Another thing -- you know, in addition to the fact that we have talked about the quality, I think one of the other things I wanted to address -- and I see we don't have an overhead, so I will have to pass this around. You know, in additional to the other benefits we talked about, I think you also have to look at what I would call the financial benefits of the project. Again, these are some estimates we have done based on kind of current information what we think is reasonable. If you look, for example, at the taxes, the project when it's built out will be roughly 779,000 square feet. Again, that may vary depending on what buildings go in there, but that's what we generally anticipate. If you take that as an assumption and you take a value per square foot of 125 dollars, which is a very reasonable one, your value for the project upon completion will be a little over 97 million dollars. At your current tax rate of approximately 1.43 percent, that means you generate -- this project will -- almost 1.4 million dollars in taxes. Now understand that it doesn't all go to the City of Meridian. I know the Mayor and I talked about it would be nice. But if you start to look at it and you got -- a little under fifty percent of that goes to the Meridian schools, approximately 22 percent of that goes to the City of Meridian. So there is some real financial benefit to a project like this over the long term that will enhance the city. As far as job creations, again, I think this is conservative. If you look at four per thousand -- I think actually in the report here it mentioned five per thousand, but at four per thousand you're generating or 3,100 employees. In addition to those employees being there, those employees will be eating in the restaurants in the area, shopping at the grocery stores and the other retail, so they will help. They will be the people that support your residential communities. Another thing that's not a direct impact to you, but certainly will be is the impact fees that are generated. I used $2.25 per square foot, a very conservative rate, it's more likely going to be three dollars. At that rate just on this project over its life will generate over 1,750,000 dollars which will go to improving the roads. So we think that that's a real plus. So we think that there is some real benefit to this, in addition to the quality of it, just the simple financial benefit of the project. Finally, before I get into the staff report, I'd like to make another comment. We, over the course of the last several months, have had a meeting with the neighbors and, Cornell, can you put the rendering back up, please? Thousand Springs Subdivision sits here and we, obviously, I think for them -- I know I would if I was there, we'd like to have this whole project be a pasture, it's just our thing. But that's not feasible and what I'd like to do is show you in concept some of the things that we have attempted to do in order to mitigate the impact of this project on the Thousand Springs neighborhood. For example, originally this road went up -- and, Cornell, could you put it right in there. Yeah. The original one, please. Okay. As you can see on this one, this road loops up more in a northerly position. We are here and what we have done is we have taken the road down. The purpose of that is that there were concerns from the neighbors of these very large buildings down here, they were concerned that they might be behind a 50 and 100 thousand square foot building. As a result of that, we brought this down, we made these buildings smaller, we have butted them up to what I would say the pathway -- the landscaping area, so, again, they don't have a parking lot right close to their homes. You will see this road right here we could not alter, ACHD requires it here, so we had to, of course, keep it right there. We have also agreed that there is a height restriction on these buildings of 35 feet. That's the same height as a residential Meridian City Council Meeting March 19, 2002 Page 27 of 73 community. We have reduced that down. We have also agreed that unless this is an L-O zoning we will come back for a CU, which, in essence, gives the neighborhood a second bite at the apple, again, to try to address some of their concerns. So I think what we have been trying to do is -- as much as possible I think mitigate some of their concerns with the buildings down here because of where they had it and we think that is a fair compromise and it certainly puts restrictions on us that we have not argued. So I think the final thing is I'd like to talk a little bit about the staff report and some comments and I will give you copies of these. I don't know -- this was prepared, I faxed this to Will this afternoon, so I don't think you probably got it. This is what Shari was referring to. I'd like to just go through it, because I think there is some clarifications and I guess to make sure we are all kind of working off the same page. Okay. If we go to the report, item number one we talked about the changes that Winston Moore, the managing partner, has made that's been addressed. Number two, I think we had -- and I want to get some clarification on this. What we had said that when any building down in this area right here were constructing, at that point we will put the pathway in. Now one thing that concerned me is Shari mentioned something about a park over here. There has never been a conversation to our knowledge about our pathway being put into kind of a park. It was simply when these buildings down here were constructed, that we would put the pathway in at that point when the first building would come in. So I'd like clarify that. Number two, we talked about it and I think there is a little bit of confusion on that. We talked about page three, item one, number eight, the staff deleted this requirement. If you go back -- this is the staff report from February 19th, you will see that was the revised path and that was approved by P&Z with that deletion. All we are simply saying in this condition is it probably was simply just an oversight on when the report was being put together and that's the amended one. So, again, all we are saying is that I think that's just more of a clarification and clean up. The next item -- and I don't know if there is any questions, if there are I will certainly be glad to answer those. I understand I'm kind of firing through these fairly quickly. With respect to the bridge, we can leave that in if we want at this point. We received a letter from Nampa-Meridian Irrigation District that said they did not want the bridge. John Anderson told me verbally probably three or four weeks ago that he did not want the bridge, he was opposed to it. One of the conditions in the Planning and Zoning Commission was that if you, the applicant, can provide us with a letter saying that they do not want it, we will delete this condition. That's all we are saying here is that in our interpretation that we have satisfied that and it should be deleted. Again, if there is a question, we can leave it in at this. point and address it. We don't think -- we are certainly willing to work -- we were just told by the neighbors, as well as Nampa-Meridian -- or at least some of the neighbors that they are opposed to the bridge. So I don't think -- we are not speaking just solely for ourselves. Finally, the last one -- and I guess this is where I have some real concerns, we talked about the land use calculation. If we go back to the PUD -- and, again, I apologize, but I only have one copy. Right here it says two amenities -- one amenity -- you got the common areas, you have got the various things, we have been told by staff here we are satisfied, we are giving the jogging path, we are giving the pedestrian walkway, we are giving the common areas, so we are satisfied that the open space calculation is no longer needed. Shari, did you -- Meridian City Council Meeting March 19, 2002 Page 28 of 73 Stiles: I think we can work it out. Seel: So I think these are the only things. Other than that, we have worked things out with staff, staff has been cooperative in working with us in this process and we believe that these things in this memo that I provided to you today are simply just clean-up items, just things that simply slipped through the cracks between the P&Z hearing and City Council and we would ask that either these things be noted in the staff report, added in however you want to do that. With that Ihave -- I'm certainly glad to answer any questions that you might have and I apologize if I kind of rushed through that, but -- Corrie: Okay. Any questions at this point, council? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Seel, I'm curious in the portion you have submitted here that shows -- the sort of scratched out one, number 8? Seel: Yes. Nary: Now in reading the language in that, that appears to me to relate to -- on page four of the CUP, application number seven, that you're talking about. It doesn't appear to me that the language there related to the one you're making the reference to, the recommendation for the pathway by Mr. Kuntz, because the language in here says the applicant shall meet the open space calculation prior to the P&Z Commission hearing to demonstrate the minimum ten percent open space. Which one are you -- is this the one you're referring to? Seel: No. This is my own handwriting here. Yeah. This is -- Nary: This one here? Seel: Yes. What it is, it was deleted. This was deleted in your staff report that was submitted. This was provided to P&Z, which is the final amendment. Nary: I got you. Seel: So I think it was just simply an oversight. Nary: Okay. Great. Thank you very much. That's all I had. Seel: Did you need to see -- Meridian City Council Meeting March 19, 2002 Page 29 of 73 Nary: No. Corrie: Any other questions? Okay. Seel: Okay. Thank you very much. Corrie: Okay. Anyone from the public that would like to issue testimony? We have Joe Waters. Okay. I'll let you go first. Waters: Thank you. Joe Waters. Oh. Excuse me, sir. Corrie: Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Waters: Yes. Corrie: Thank you. Your name and address, please. Waters: Joseph Waters. 3000 East Green Canyon, Meridian. I'm one of the -- one of the people that back up to the subdivision and it is going to be impressive, it really is, and, you know, we would like to have a field back there, but they have been working with us very well. Just as a recap, the first meeting we had Mr. Seel, he told us don't worry about it, we will have parks and open areas and walkways and flowers and trees and sugar plum fairies. Okay, he didn't tell about the fairy part. But the only problem I had is when he said we'll get to -- really don't worry about it, because we are not going to start for awhile and, who knows, you're probably going to win the lottery and move away anyway and that just put a burr under my saddle, I thought, you know, that didn't seem to work out, because who is going to be moving in next. To me the concern of most of the neighbors -- in fact, I'm surprised most of them are not here, was that looking into a concrete wall. But they did make the pathways and they did turn the stuff, so that does make it a little view and whatnot, but that doesn't stop somebody from buying several of those lots and going ahead and putting a building in there. That's our concern. You know, we get to talk again when it comes up again. Commissioner Borup -- I don't know if I'm pronouncing his name correct -- he stated that you only buy the lot. Well, that's true, but most of us spend several months, even years looking for that special lot and that's the place I'm living at. I moved from Boise over to Meridian, looking for places that have -- like that are close to shopping areas and whatnot, and a good place to raise my children. We should have looked into it right off the bat. Commissioner Borup said that we should have looked what was going to happen back there. Well, the builder that was building a home there, we went and asked him and he said, no, it's going to be small beginner homes and we thought, well, okay. Well, then we asked our realtor, the person that was selling us the home, and she said, well, the farmer isn't going to sell that, but if he does it's going to smaller homes. So -- and then the associate said don't worry, small homes. We should have checked in on it. We really should have. But, you know, where to do you say, okay, build me a 200,000 dollar home, okay, I will build that for you and I'll make sure it's good, this will last your lifetime, Meridian City Council Meeting March 19, 2002 Page 30 of 73 but, by the way, I lied to you about the other part, you know. I'm too old and fat to start fist-fighting people and say this is how it is, say, no, you're a liar, I'm going whip them up myself. I really miss the old hand shake. About the bridge, some of the people did want the bridge, because they want to utilize the businesses down there, the restaurants, I think it would be wonderful, it would be a great pathway. The people that live right next to it, an older couple, they are real concerned with the children trying to get, you know, to the bridge. If there is a way to get there, kids are going to find it. It's a safety problem. So that's both sides of that coin. Some people are really concerned about -- some of the neighbors are concerned about the zoning will allow like a hotel, will that -- we need to -- that's another concern that was brought up to us. Also the lighting. Is it going to be direct -- hopefully directed down? We talked to Mr. Larsen about that and he said he was going to try to do something like -- in that area. It was another concern of ours. Of this entire affair, the only handshake I trust is Mr. Moores. After the main meeting he shook my hand and said don't worry, it's going to be beautiful for everybody. When this project is partially done or totally completed, I really, really hope Mr. Moore will join me on my patio for a barbecue, a beer, and a hand shake and we can look over his field of dreams as he calls it, but until that point we are all going to be watching, by God. Thank you, sir. Corrie: Thank you, Joe. Okay. Yes, sir. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Herron: Yes. Corrie: Thank you. Name and address for the record. Harron: My name is Frank Harron, I live in Thousand Springs, 2896 East Green Canyon. And the concern that I have, basically, is the -- we own halfway to the middle of the canal and they own halfway to the middle of the canal and our property -- mine essentially borders on the canal and the thing that I guess I have really no opposition to the construction of most things in there and whatnot, the problem I have is they keep telling me they want to butt up against this as tight as they can with the buildings and I really am concerned that we are looking right out of our property into a 35 foot wall. They did orient the buildings around, which does give an avenue of some views. The things that I'm most concerned with is I keep hearing there is a 50 foot easement from the center of the canal and then there is supposed to be, from all that's been told, that there would be an easement on the other side of that to where the pathway would be joined, but it's never been well defined and as I read in the small print they want to use that easement as amulti-purpose easement, which essentially says you combine all the easements into that easement, which means that there is no easement, which means that that building will be butted up just as tight as they probably can, which basically now is taking -- I'm ten foot from the canal and they can be ten foot from the canal, so we are talking 20 feet from my property into one of their buildings and I would like to kind of have some assurance, I guess, that that will not be -- that any multiple use of the easements would be denied, so that that building would be setback from us. I thought if I -- if we was a road we would have an easement. If we was -- if they treated Meridian City Council Meeting March 19, 2002 Page 31 of 73 us like they treat Eagle Road or any other road or whatnot, there would be an easement back, but since we are not, we have no concern, I guess, and that's my biggest concern is that the abutment of the buildings as close as they can to me and I would like to just eliminate the multi-use, so that there is at least an easement of the canal and an easement for the jogging path and whatever setback is required from that property line. I have no other -- other than that, as far as the bridge across the canal, I prefer that it isn't there. I think that you can walk -- it's about three blocks over to Eagle Road one direction and about four blocks over to where the bridge across the canal and there is a good street on this side that they could walk, if you're going to the park or the school or they could walk up through there. At least the Thousand Springs people could. And I just as soon -- I think people can walk that far to get from our Thousand Springs into their business park if they want to. Thank you for your time. Corrie: Thank you, Frank. Anyone else like to issue testimony? Yes, sir. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? McMasters: Yes, it is. Corrie: Name and address for the record, please. McMasters: My name is Chris McMasters. I live at 3044 East Green Canyon Drive, just down the road from Joe, and I also would kind of speak on behalf of Loren and Vera, they live right next to where the bridge is going to go and that's one of my main concerns, also the other neighbors that border the Ridenbaugh Canal, but if they don't want the bridge, if the people by the canal don't want the bridge and Mr. Seel don't want the bridge and we are all for that. Let's get it out of there, just, you know, like to have the -- no one have that final approval that that's not going to happen and most of us along there bought those lots, you know, that we are guy view lots, you know, that's -- we are paying a little money extra here to get a view lot and we are concerned that our view is going to turn into a 35 foot concrete wall. That's a definite concern. We will still be able to see the mountain, but I hope that 35 foot wall is real pretty. And just want to convey those concerns. We are worried about the distance away from the canal like this gentleman was speaking of and to make sure that the proper easements and stuff like that are observed, just like we observed about our lots and our roads and that's all I have to say. Thank you. Corrie: Thank you, Chris. Anyone else? Okay. Jonathan. Bird: Staff has got him tied up outside. Corrie: Jonathan, are you out there? You're -- Seel: Sorry. Jon Seel, W.H. Moore Company. I guess a couple things that I'd just like to respond to. Again -- and I know we talked with the neighbors. We can appreciate their concerns about these buildings and that's reasonable and I think we have tried to do Meridian City Council Meeting • March 19, 2002 Page 32 of 73 everything we can in terms of addressing that. This right now with the existing comp plan, as well as the future comp plan, is allowed to be commercial development. This is not new. In fact, Commissioner Borup brought this up at the last hearing. So we are allowed. This should not be a surprise to the neighbors, whether it is or not. But at the same time I think we are trying to do everything we can in order to mitigate it. We have simply said -- you know, the one gentleman came and said, well, what if it's a hotel. Well, I don't have the zoning in front of me, but if L-O does not allow hotels. We have to come back. They have another opportunity. We have agreed to the height restriction of 35 feet. That's not a real high building. I think it's unlikely we are going to have a hotel there, for example. We tried to buffer by taking the parking away, by making the lots. smaller. So, again, I think that we have tried to, as much as we can, and still make this a viable project, to address their concerns. And I'm not sure what else we could really do, other that say just pasture. Another concern that came up is us crowding the Ridenbaugh Canal and, you know, one of the things that -- if you look -- and I can, again, pass this around. This is the license agreement with Thousand Springs. If you look here up they are allowed to approach within five feet of the south edge of the top of the bank. That's the license agreement for Thousand Springs with Nampa-Meridian Irrigation District. In our case we are not talking about that. We have a maintenance road, we have a pedestrian pathway, and, again, if we came back, if we didn't have the Ridenbaugh Canal there we wouldn't be talking about a 60 or 65 foot setback, I don't think. I think that would be unrealistic. So there is quite a distance between them. Is it as much as they'd like, probably not, but I don't think we can feasibly give them, you know, what they would like? But, again, they are benefiting from the same easement that we are asking to benefit from. I'm sorry, but the last gentleman I was talking to Shari, so I'm not sure what he may have said, but I think that's kind of the crux of it throughout the process and, again, I think we are trying to do everything we can to be reasonable and mitigate the impact from this project. And I will be glad to answer any questions. Corrie: Mr. Bird. Bird: Jonathan, do you have -- maybe Cornell can answer it. There is a big elevation difference between Thousand Springs and where yours is going to sit, so if you're putting up 35 feet, they are probably ten to 15 feet from zero elevation to your zero elevation, so, actually, your building is coming down to about a 20 foot for them to look out over; am I not right? Seel: (believe -- Cornell, do you want to -- Corrie: Do you swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God? Larsen: Yes, sir. Corrie: Name and address, please. Meridian City Council Meeting March 19, 2002 Page 33 of 73 Larsen: My name is Cornell Larsen. Address is 210 Murray Street in Garden City. To answer Mr. Bird's question, the property closer to Overland Road here does have a fairly good grade differential. As it moves down it gets less and less as it goes towards the west. So there is change here and the grade differential drops off here to about the road, but some of this is going to have to be re-graded to work a little bit, so the buildings will come down a little, but -- and the property on this side is actually elevated a little bit above the maintenance road, but not a lot and -- just standing out there looking at it. But if you do stop right up here on Overland it does look like there are -- or, excuse me, on Eagle Road it does look like there is a fairly good grade difference. And then while I was up here I was going to address a couple little things. The lighting issue is a concern from the neighbors and usually along the backs of residential areas we don't put any wall-mounted fixtures, we usually use recessed sofitt fixtures. We try to shield lighting as best we can. We try to bring our lights on the buildings with a photo cell when it gets dark and then a lot of the areas we drop the lights off as it gets later in the evening, so that they aren't glaring all night and we could drop those off with a time clock. So we can control the lighting fairly well in there. We do need a little security lighting for purposes of the human predator that may be out in the marketplace looking for someone to prey on, but in general we try to keep those lighting levels low in the evenings. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just had a couple questions for Mi-. Larsen. This particular -- how big is that buffer there? Larsen: Right now from the center line of the canal there is a 50-foot easement on each side of the canal. In addition to that, inside of the easement is the canal and the maintenance road and then, in addition to that, there is some distance to the edge of the easement. As you move from this part of the property to this part of the property, the easement -- you can use more of the easement for the pathway system and that's what we were proposing to do is use part of that easement for the pathway system and it's basically the same feature that's happening on the other side of the property that the Thousand Springs people are doing, is they are using part of the easement to expand their backyard. Nary: So the intent, Mr. Larsen, wasn't to use part of that easement to have more building? Larsen: No. Nary: To have more path. Larsen: To have more pathway. Meridian City Council Meeting March 19, 2002 Page 34 of 73 Nary: That's what I thought. Larsen: And we had went over that with the Parks Department and they didn't really have a problem, as long as we could maintain a flat pathway system and could meander the pathway system. They had also requested that we setback a certain distance from the pathway system, so that the buildings weren't right next to the pathway, so there would be a little bit of grace space if you're walking down the pathway that somebody can't just shoot out from a building and grab you or you don't see what's going on. In general, the distance along there will be about 65 feet from the center line of the canal the way they are shown on that drawing right there and we weren't talking about defining any distance, because as we do the contouring and work with Parks to get the pathway in there, we were trying to generally say we are going to be back outside of that 50 foot easement. Nary: The other question I have, Mr. Larsen, are the buildings here, are they essentially conceptual? These aren't exact -- are these all the sites exactly where the buildings are or there may be less buildings or they may be combined into one building or three buildings, is that this what it is? Larsen: Let me speak to that just a little bit and I hope I can answer your question. Generally when we do a master plan for people who are prospective users of the site, we are trying to show the maximum area that we can get on a site in a building envelop. Generally what happens is you need to have sidewalks around that, you have to have some buffer to meet your five percent minimum, so these -- typically those will shrink and, again, those are a maximum. We are trying to show the worst case, so somebody couldn't come back to us and say, well, you didn't tell us that. We are trying to show you what we believe the worst case is. Nary: Well -- and that's what I had thought as well, because I think some of the neighbors were concerned about the height of the buildings and those kinds of things and they may not necessarily end up being -- it may not look exactly like that, it may have a smaller profile building, I mean it depends on your -- what the person that wants to take over that space wants to do with it. It wouldn't be bigger than that. Larsen: No. Nary: It could be smaller than that or it might have a different orientation to it or something. Larsen: It may have a different design than looking like a box. You tend to break those up. Different users like different things. You may get a different design theme between buildings. A lot of commercial users do like a flat roof, so you're probably not going to have too much encroachment of roofs into that area. Some user, though, if -- let's say you have got a small doctor's office or dental office back in there, they tend to stay more to the residential type of construction and so, consequently, some of those roof lines may vary and things like that. Meridian City Council Meeting • March 19, 2002 Page 35 of 73 Nary: I did notice, Mr. Larsen, that part of the request in the CU was to potentially have a hotel or a motel as one of the uses on this property; is that right? Larsen: That's is correct. The likelihood of one being back there due to exposure and to things that they'd like to have is virtually slim to none. Nary: Right. And I guess my question would be -- now my assumption would be that if you were going to have that, it would be closer to the corner, somewhere near Overland where it would be visible. No one would want to have a hotel or a motel so far away from the roadway so you couldn't see it. Larsen: And that is correct, Mr. Nary. One of the things that was of a concern in the Planning and Zoning meeting -- I'm not sure it was explained well, but they felt like if there was anything but the uses in the L-O uses that were approved in the L-0 zone, typically, if any of that differed along this south boundary, that we would come back for a Conditional Use. So if somebody came in and did want a hotel there, then you're going to get a chance to look at it again. But the likelihood of a hotel or motel being there, they want to be close to the freeway, they like the exposure, the sites at that location just typically don't work for them. Nary: And I guess my assumption is even a fairly large type of restaurant would be the same thing, that they wouldn't want to be that far back, they'd still rather be closer to the corner -- I'm not just talking about a coffee shop type thing, but I mean the larger ones would want to be by the corner. Larsen: Yeah. That would be correct. I mean you may see a small sandwich shop in there, but you're not going to see an Applebee's or anything to that magnitude that would have extended hours be there. Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I just wanted to clarify, but if you did get someone like Applebee's that wanted to be stuck back in the far corner, it's highly unlikely, and let's say they did, they would have to come in, because the designation would be L-O; is that correct? Larsen: Not designated as an L-0 on the zoning, but what it was -- what the condition was written was it was restricted to the uses in the L-O. De Weerd: Okay. So they would have to go through a CUP process to amend those designations? Meridian City Council Meeting March 19, 2002 Page 36 of 73 Larsen: Yes. Let's say, for example, a restaurant did come in and if a restaurant wasn't shown in the L-0 zone, then it would be in front of you as a conditional use application. De Weerd: Now would that also be the same if you consolidated two of these footprints into a bigger building? Would they -- Larsen: We hadn't looked at that. I believe there was a condition in the staff report that said you could build more than -- or a -- let's see, how -- can't remember how it's worded, but essentially you could build a building on two lots or three lots, as opposed to just the individual and you couldn't build more than one building on any individual lot. So typically it would be one building one lot or you could -- you would have to acquire more lots to expand the building. So, in essence, yes, you could build a bigger building if you acquired two lots or used two lots. De Weerd: Because of the sensitivity in this particular area, did you -- are you amenable to -- if you consolidated into two lots that you would come back for a CUP? Larsen: If it were an office use I wouldn't see where that would be needed. If it were something outside of the office or the L-0 use, I just wouldn't, you know, see that as an issue and I -- De Weerd: Shari's not here, but I think in our L-0 we have building limitations, don't we? Shari, in our L-O zones do we have building size limitations? I don't recall. Stiles: No. It's the height. De Weerd: The height. Stiles: I don't think the height in the L-O is any different than the C-G. We have the maximum height of 35 in most every area, I think, except for the M zone that I think allows up to -- Larsen: Yeah. I thought we agreed to like a 35 foot, which was five foot below the 40 foot that was approved in the C-G and I don't know whether that's correct, but -- Stiles: Yeah. Yeah. Larsen: But at least along those lots that backed up to the residential area. Bird: That was the only lot that was restricted to the 35 feet. Larsen: Correct. De Weerd: And you did say, since, you know, I can't scale it out what that is, it's approximately 65 feet? Meridian City Council Meeting March 19, 2002 Page 37 of 73 Larsen: Yes. I believe we had one of the neighborhoods -- I think it was Mr. Waters came down to our office and we scaled the one down, I think, you know, generally averaging 65 feet along there and he's shaking his head, yes, that that was about what they were, as we just tossed a scale on it and that's about all the closer we can get them and still satisfy what parks had asked for, what the pathway system needs to be function in there and also to satisfy Nampa-Meridian, if they were to clean canal with a large trackhoe or something, when the trackhoe turns over its tracks the back of it extends out a certain distance, so we have to give them some clearance around their maintenance road so that they aren't extending over the pathway system or anything like that. So there is some issues of maintenance and things like that that also dictate that it has to be widened out a little bit. De Weerd: Now so there is a maintenance road between this pathway and the irrigation canal? Larsen: Yes. The canal runs right here and then we tried to show right there, there is a maintenance road that parallels the canal on the north side of the canal. De Weerd: And they are going to let you put that green? Larsen: Up to the edge of the maintenance path it would be green. Tom said he would let us make that green if Nampa-Meridian would let us, but, you know, your chances of that are slim -- De Weerd: I know. We have all had our experiences with Nampa-Meridian, so I just thought I'd ask. It looks nice, though. Larsen: Another thing that might give you a little perspective is on Eagle Road and Overland there is a 35 foot buffer. Even if you take just this area along the backs of the buildings, you can kind of see that it's just slightly larger in scale than the buffers along Eagle and Overland Road. De Weerd: I believe in our landscape ordinance this far exceeds the buffer between commercial -- or L-0 and residential, so -- Larsen: Yes, it does. We are trying to be as sympathetic to the neighbors as we can be and try to also accommodate parks and our own needs and desires, too, to use as much of the property as we can. De Weerd: Well, I hope so. I want to go Mr. Water's house for a barbecue and look over Mr. Winston's field of dreams, so -- Larsen: That would be fun. Bird: This weekend. Meridian City Council Meeting • March 19, 2002 Page 38 of 73 De Weerd: Thank you. Larsen: Thank you. Corrie: Any further questions? Bird: I have none. Corrie: Okay. Any other comments from Council for the Public Hearing? Bird: I have none. Corrie: Okay. If there is no further comments, I will entertain a motion to close the Public Hearing on the annexation and zoning, Preliminary Plat, and the Conditional Use Permit. Bird: So moved. McCandless: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Items 10, 11, and 12. Further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Council, discussion? Let's do the annexation and zoning first. Or you can have discussion on any if you like. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess we are all familiar with Mr. Moore's developments and I think this will be a very admirable addition to our community and to our city. I appreciate the concerns of the citizens and it looks like the applicant has done a lot of their homework in trying to find compromises with the neighbors and minimizing the impact. I get always disturbed when I hear neighbors come in front of us and tell us what realtors have told them. This certainly isn't the first meeting we have heard that and, you know, it's very unfortunate. I know when we bought our first house we had a beautiful view and, unfortunately, we have for 10 years. Now there are houses behind us and we are moving to the golf course, because I want that open view. I apologize for the realtors that have been misleading. And I don't know if they do it purposely, I think they don't do their homework either, and when we see it happen we do try and correct it, but, you know, I appreciate what you have had to say, but it is in our plans and our plans went Meridian City Council Meeting March 19, 2002 Page 39 of 73 through a democratic process with citizen input and this was a good use for this land and so it looks like the developer has really tried to minimize and it looks like even from what we heard today most of your large issues, other than just keep it a field, which I think Mr. Moore is a sportsman, you know, maybe we could just put some pheasants in there and accomplish that. But, you know, I --this is a great product and we will keep on eye on it as well. Moore: Would it be out of order for me to a comment? I know you have closed the public hearing. Corrie: Technically speaking we should have done it before, but if we are not going to add any testimony -- is that -- no more testimony. Okay. Moore: I'm not sure you'd call it testimony. Corrie:- Okay. Moore: Most of the comments that Iheard -- I was a little late in getting here -- refer to the south end of the project contiguous to the Thousand Springs neighbors and I want to assure you folks and I want to assure the neighbors that there will no buildings on that south end between the canal and the road larger than you see on that -- on that drawing. We are not going to come back and try and do other things. I have assured these folks that I will look at that end of the development -- the whole thing, for that matter, just as though I lived up there and I was to look at it and the chances of a restaurant or a hotel, as has been testified, located at that end of the project are so remote as to not even be a consideration, but even if somebody wanted to, we wouldn't come back to you, we'd just turn it down. Commercial type development is going to be up in that northeast corner or at least up at the north end. Nothing even remotely similar to -- well, it's going to be offices is all they are. So anybody that comes along and wants a hotel or some other use there, we are not going to -- we will turn them down. We intent to be totally considerate of the neighborhood. Corrie: Thank you, Mr. Moore. With that information -- De Weerd: Now it wasn't in public testimony, but we will all remember it. Corrie: All right. Discussion further, Council? Okay. I'll entertain a motion, then, on the request for annexation and zoning. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company, southwest corner of East Overland Road and South Eagle Road, with Meridian City Council Meeting • March 19, 2002 Page 40 of 73 the owner of record being changed in the Findings to Kimball Properties, Limited Partnership, managing partner Winston H. Moore, and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Okay. Roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved on annexation and zoning. MOTION CARRIED: ALL AYES. Corrie: Next is a request for Preliminary Plat. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the request for Preliminary Plat approval of 32 building lots and 17 other lots on 85.36 acres in a proposed C-C and C-G zones for proposed EI Dorado Business Campus by W.H. Moore Company, southwest corner of East Overland Road and South Eagle Road, with applicant's rebuttals and staff rebuttals included and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Motion has been made by Mr. Bird, seconded by Mrs. McCandless to approve the request of the Preliminary Plat as stated. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Corrie: Now we have the final one, the Conditional Use Permit. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting • March 19, 2002 Page 41 of 73 Bird: I move that we approve the request for a Conditional Use Permit for a mixed use of office, retail, restaurant, hotel, motel, for proposed EI Dorado Business Park by W.H. Moore Company, southwest corner of East Overland Road and South Eagle Road, with comments from staff and applicant included and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Okay. Again the motion to approve the Conditional Use Permit by Mr. Bird, seconded by Mrs. McCandless. With the motion made, any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: What is your recommendation in your motion on this pathway -- or this bridge across -- Bird: The bridge, as was stated, we don't need one. If they -- if Nampa-Meridian -- De Weerd: Nampa-Meridian. Bird: Yeah. De Weerd: But if Nampa-Meridian grants approval, then do we have the bridge? Bird: No. We don't have the bridge. Period. Nary: The testimony was that they would not -- Bird: We would not have a bridge. Yeah. From both was testimony that there was no bridge. De Weerd: So we should just totally delete any reference. Bird: But the motion says take it out, because that's what was -- De Weerd: Okay. Thank you. Corrie: Any other discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved for Conditional Use Permit. Very good. Thank you. MOTION CARRIED: ALL AYES. Meridian City Council Meeting ~ • March 19, 2002 Page 42 of 73 Item 13: Public Hearing: AZ 01-027 Request for annexation and zoning of 77.9 acres in a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Co. -'/ mile south of McMillan Road, east side of Linder Road: Item 14: Public Hearing: PP 01-024 Request for Preliminary Plat approval of 272 building lots and 16 other lots on 77.9 acres in a proposed R-8 zone for Baldwin Park Subdivision by Capital Development Co. --'/4 mile south of McMillan Road, east side of Linder Road: Item 15: ,Public Hearing: VAR 01-020 Request for variance on block lengths for one side of two blocks within the proposed Baldwin Park Subdivision by Capital Development Co. - '/ mile south of McMillan Road, east side of Linder Road: Corrie: Item No. 13, 14, and 15 are Public Hearings. Item No. 13 is a request for annexation and zoning of 77.9 acres on a proposed R-8 zone for proposed Baldwin Park Subdivision by Capital Development Company, one quarter mile south of McMillan Road, east side of Linder Road. No. 14 is a Preliminary Plat for approval of 272 building lots and 16 other lots on 77.9 acres by Baldwin Park Subdivision. And Item No. 15 is a Public Hearing, request for a variance on lot lengths for one side of two blocks within the proposed Baldwin Park Subdivision by Capital Development. So at this time I will open the Public Hearing on those Items 13, 14, and 15. The same rules apply. Staff will be first, the applicant will be second, and then public testimony will be third and then fourth will be additional by the developer. So I have opened the Public Hearings, staff is still under oath. Staff, you're first. Stiles: Thank you, Mayor and Council. This property was made contiguous by the Bridge Tower Crossing or the Bridge Tower annexation and zoning across the street from Linder Road. It will in the future be contiguous to the Cedar Springs Subdivision in this location. The park sits here. Settler's Park. There will be a middle school -- the middle school will be here. The middle school is on the south part here. The drain runs along the southern boundary here and up along the eastern boundary. They have --did you open all three of these, Mayor? Sorry. Bird: Yes. Corrie: Yes. Stiles: The variance they have requested would be for the block length within the subdivision. What they have requested is the block length here. There are several blocks within the development that exceed the block length requirement. I would ask that you consider it as a whole and maybe not restrict it just to this one that they cited. I think there is a little confusion over what constituted a block length when they submitted the application. They have requested a zone of R-8. They have varying sizes within the Meridian City Council Meeting March 19, 2002 Page 43 of 73 development. (Mr. Nary left.) They are showing some open space, little pocket parks here and here. I believe they had another area they had shown. This -- one of the comments that were made by the Planning and Zoning Commission was that we had requested a new plan be submitted showing the easements for the property and that was to be submitted prior to -- ten days prior to this hearing. We had not received that drawing. I did hear from the applicant's representative today that they had heard from the Settler's Irrigation District today regarding the easement of the drain, the White Drain on the south, and that they will be requiring a 60 foot easement, but the details of that and what's encroachable and not encroachable have not been worked out. I would ask that we receive a completed Preliminary Plat application showing all the information that's required for a plat prior to action being taken on this subdivision. Some of the features within the subdivision, they do show pathways, they are showing swales between some of the lots that will double as pathways. They will be required to construct asphalt and concrete pathways a minimum of five foot in width with landscaping on either side. Currently there is only one access into the subdivision. One of the requirements was that there be an additional access into the subdivision. Hopefully you have Joe Silva's letter regarding the access. The applicant had -- do you have that? He has that comment on the thousand-foot block length also. There would be 272 buildable lots within the subdivision. Referring to the Preliminary Plat recommendations, on page two, paragraph three, it refers to Ada County Highway District's draft report. The final report has been submitted and that recommendation would need to be changed to reflect their most recent report, which is found on page eleven of the Ada County Highway District's report. On page eleven and the top of page 12 it talks about the stub streets that are -- they are requesting. It should be noted that the stub streets as outlined in their recommendations are what is shown on the latest plat. The applicant at one time was proposing to leave the White Drain open. Settler's Irrigation District has indicated that they do want it to be left open and so the applicant is now going to pipe that drain. Part of the issue here was the access due to the fact that none of the surrounding property is developed yet. The property owner to the south in this location here is Mr. John Kennedy. You will recall that he had asked to change his easement for the sanitary sewer so it would come down to a yet to be approved road in a yet to be seen subdivision. If the indication I got from the applicant's representative is correct, they will have 30 feet of the easement for the White Drain on their property, that's where it will actually be installed, and the irrigation district would ask for the other 30 feet on the adjacent property. I haven't seen any documentation to that effect. That's just what the applicant has -- the representative has told me. On page five of the Preliminary Plat recommendations, just to clarify, under 17-B, asks for emergency access on Lot 9, Block 7, with ten-foot wide asphalt, plus five feet on each side of grasscrete. I'd like to add to that: Shall be constructed prior issuance of building permits in Phase Five. And then under D, emergency accesses shall be constructed prior to issuance of any building permits in Phase Two. There will be an emergency access temporarily constructed on this Lot 15, Block 5. That will be there until they can provide another means of access to the subdivision. Probably the first means of access that might be available would be the property here that is also owned by Kevin Howell and it could possibly come through that subdivision and connect up with the existing stub street in Cedar Springs Subdivision. And I haven't heard any proposals from any of Meridian City Council Meeting ~ • March 19, 2002 Page 44 of 73 the other surrounding property owners. With that and with our request that we see a Preliminary Plat showing all of the required components for a Preliminary Plat prior to your action on this, we would recommend that all staff and agency conditions be met with the approval of this subdivision. (Mr. Nary returned.) Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Shari, on the -- do we have fencing restrictions on the pathways within the deal? Stiles: Yes. Bird: Height restrictions? Stiles: Yes. That's included within the recommendation. Bird: Okay. Corrie: Any other questions? Bird: I have none at this point. Corrie: Okay. Thank you, Shari. Applicant's representative or applicant. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Bird: Yes, it is. Corrie: Name and address for the record, please. Arnold: For the record I'm Steve Arnold. I'm with Briggs Engineering, 1800 West Overland Road. I'm here tonight representing Capital Development on Baldwin Park Subdivision. I'll give you kind of an overview to expand a little on Shari's overview of the project and then I'd like to go into the staff report with a little bit of clarification in there. I think Shari has hit most of them tonight. I did get a chance to talk to her before tonight's hearing, but there are a couple other items. And I guess I can address some of the issues about the easements. I did receive a letter later on this afternoon that discusses the widths of the easements. I have only got one copy, so -- generally we are proposing a 272 lot single family subdivision on 77.9 acres. To the north of us is undeveloped farmland. South of us there is a proposed middle school. Further to the east of us and south there is an elementary school, Cedar Springs and Sundance Subdivision, along with the new city park. Our density with this subdivision, the R-8, is approximately 3.5 units per acre. The average buildable lot size in this modified layout that the Planning and Zoning Commission acted on was just at 8,300 square feet. So the average lot size is consistent with the R-4 zoning. One of the reasons that we are coming in with Meridian City Council Meeting March 19, 2002 Page 45 of 73 the R-8 zoning is so that we can do some of the reduced street frontages and do a variety of housing types within the development. I do have that number broken out as to exactly how many we have and the approximate square footages. If you have questions about that I can offer that in further detail. We do believe that this subdivision complies with your comp plan, it complies with your zoning ordinance. We are only asking for annexation and Preliminary Plat, along with the variance of several block lengths. Originally our variance application was submitted only for one block length. I know that there is a bit of confusion -- and I'm still having difficulty understanding how we read a block length and perhaps we can have Shari help with that. We are -- ACHD did require additional stub streets since we submitted. We did comply with that. We immediately turned that around for your Planning and Zoning Department to review. We are providing two additional streets to the north -- or, pardon me, one additional to the north, one additional to the south and two stub streets to the east. Originally we were contemplating a stub street to the south to the school. I did have conversation with Wendel Bingham. He said that that would not be his preference. However, a pedestrian crossing or a pedestrian access to the site would be acceptable. As you can tell, we are providing quite a bit of linear pathways throughout the subdivision, one that will connect out there at Linder Road and it will extend east, and then we have got the north-south pathway and then several pathways in between and then the pathways further east. All this green space within -- that you're looking at, the long linear ones we will be proposing pathways in. With the addition -- if I can. The Planing and Zoning added that this pathway be a dual ,purpose that will do ten feet of asphalt or concrete, five feet of grasscrete on either side, so that we can provide fire access to the back portion of this development. We are blowing out -- not blowing out. We are doing anon-development lot, which essentially blows it out, until we get secondary access into the rest of the subdivision. So this lot up here in the corner will be utilized for secondary emergency fire access when that phase goes in. This access goes in at Phase Five. So Phase Five is approximately in this area down here. The addition that we have submitted we are creating additional open space that back here that we will be provided for the other portion of the subdivision. As Shari stated, we do have pocket parks or open space, I should say, that will be utilized here and here. In going through the report we -- starting out on page -- I believe it's the Preliminary Plat application, page three, I believe needs to -- well, one of -- the ACHD staff report -- and Shari's touched on this -- didn't require the two stub streets to the south. I believe that was in error. And then right after that sentence -- the first sentence it says an additional stub street to the north, it will serve the northwest area at Block 5 and 6 is also required. That was an original recommendation. However, Planning and Zoning did not require that. So I believe that this could be -- or is an error that was submitted with this report. Going to -- Bird: Where are you at? I'm sorry. Arnold: Page two. It's item number three of the Planning and Zoning recommendations. It's the second sentence. It's my understanding that that was deleted at Planning and Zoning. Going down -- if I can, I'll address the easements at this point. Originally when we submitted the application we had requested that we leave the ditch open. We had some conversations with the staff and at that point we had -- it wasn't a big point of Meridian City Council Meeting March 19, 2002 Page 46 of 73 contention, so we had planned to pipe the White Drain. Since the time that we had presented to the Planning and Zoning that we were piping the White Drain we have heard verbal comments back from the Settler's Irrigation District saying that they do not want it piped. However, on Bridge Tower Subdivision, which is directly to the east here, the -- pardon me. The west. The board previously -- the Settler's Irrigation District previously acted on and approved Bridge Tower piping the drain. Since then they have reversed their decision with Bridge Tower and us. So what I would like to propose tonight is the City Council make a requirement that we comply with Settler's Irrigation District for their requirement on that drain. Ideally we pipe it, it makes these lots quite a bit deeper along the southern boundary here. This proposal showing it being piped. If we pipe it, approximately 30 feet of the easement would be on our property line. So, essentially, we could locate the lot lines 30 feet north of our south line. That's where the fences could be permitted. If we leave it open, we are required to do a 60 foot wide easement, 30 feet from the centerline of the ditch. So if we leave it open we can relocate the drain to our south boundary, which, again, we have got 30 feet of an easement onto our property line and we can locate our fence 30 feet -- approximately 30 feet north of our south boundary. Those lots along our south boundary are approximately 168 feet from this area. I believe they go down to about 150 feet -- 168 here, dropping down to 150 around here. We have to provide extra deep lots there. I have not calculated any of this space, this green area down here, and, actually, it shouldn't be green. This was to indicate where a maintenance road for the pathway for the drain is. What we would be doing is we would be tying in the micropath that would connect to that and it would also come down to the school site in this area. So I guess the White Trunk easement -- we'd like to have the City Council make it a condition that we comply with the Settler's Irrigation District. Ideally we pipe it, but we don't want this board saying you pipe it and having the Settler's Irrigation District saying, no, it must remain open. So that would be our preference tonight. The other issue with the easement along the eastern boundary. That is approximately 30 feet wide, 15 feet -- 15 of which feet will be on our property line once we pipe it, so we are planning to pipe that drain. That's item number 11 on the Preliminary Plat page four. Going down to item number 13, it's -- we are proposing a pressure irrigation system. However, it's not going to be with Nampa-Meridian that will be with Settler's Irrigation, a slight clarification. And then item number 14, I think I have kind of gone through that and will stand for questions when I'm through with my presentation. Item number 15 we are -- as I previously stated in testimony, we are proposing a connected pathway up here out to Linder Road, so that -- and then Shari addressed item number 17. Those are basically our only issues with the staff report. One -- the main one being that we -- I'm assuming it's an error, that there was an additional stub street required up here and if that is the direction of Council, I guess I will address that in further testimony. I would like to provide testimony tonight that this subdivision -- it is a Capital Development project. A similar project, the -- which we are taking the concepts from and utilizing them here would be Bristol Heights Subdivision. That subdivision was the second best selling subdivision in Idaho for over three or four years, I believe. I think what we have got here today before you is a very nice subdivision. We are providing quite a bit of micropaths within, that -- it's not necessarily a requirement of the Preliminary Plat, so I believe my client is going -- he's trying to make a nice project, so he can make a nice subdivision Meridian City Council Meeting March 19, 2002 Page 47 of 73 for the City of Meridian. That isn't a requirement of your Preliminary Plat application, so this is something that I think is a nice addition to the city and I stand for additional questions. Corrie: Okay. Council, questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Arnold, in looking at number 12 condition in the Preliminary Plat request, it says there is at least a concern raised by the staff regarding the open space. Could you just address that a little bit, that it was not usable common area and -- Arnold: Mr. Mayor, Councilman Nary, the open spaces that we are proposing are not going to be solely retention ponds. The slopes will be the minimum. They will be only designed to hold the 24-hour nuisance water. There will be sand and grease traps that. will treat the water prior to going into that. So, no, we are not proposing that there be a pond in that sense. Nary: Okay. Corrie: Any other comments? Okay. Thank you. Is there anyone from the public that would like to issue testimony in the Baldwin Park Subdivision annexation, Preliminary Plat, and variance? Okay. Very good. Council, questions? Bird: I have none. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: When I read the letter from the school district -- I guess they are changing their format, but I don't quite understand what they are trying to say here. By state law are they over capacity, so that they cannot serve any additional children? You know, I don't know if anyone else read this and understood what they were trying to say. Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Meridian City Council Meeting March 19, 2002 Page 48 of 73 Bird: I agree with Tammy. I read this thing and I -- I don't know. They -- Wendel is an awful good politician, because you can't understand what he's saying. De Weerd: Well, I just kind of wondered. It says school capacity is addressed in Idaho Code 67-6508. Does that mean that when they get to a certain capacity you can't add anymore kids, so what we will do with these children or -- it kind of left me hanging. Corrie: The way I read it they would be bused. If there was not room, they would be bused to another school. Reading this, as Mr. Bird says, that's a good politician's way of saying things that after they get through you don't know what the heck they said. But I think -- I don't profess to be a politician, but I think he's giving a backhanded okay to do this, but without his whole approval. I think what you're asking in your question is that if they are overcrowded, they will have to be bused to another school. De Weerd: But then it says that all of the schools are over capacity, so where would they put them? Corrie: In Boise. No. I don't know. They would have to build more schools then. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess the way I had read this -- and I guess to be nice to -- it's better than what we used to get. Bird: That's right. Nary: Better than what we have seen before, but I guess I would agree that's -- I think what they are saying is, is right now, without another school being built, they are just wanting to set -- they are just saying understand if you build that subdivision as proposed we may not have a school near for these kids. They are going to get bused to another school and we will just figure out where that is and I don't know where it's going to be, because, I agree, it does say we don't really have any school that can fulfill that at the moment. But I think they are just trying to put some notice as to that. I did have another question for -- I guess Mr. Arnold on the variance issue. Mr. Arnold, on the variance issue I noticed in number 11 of the application, that appears to be sort of the grounds as the reasons for the request. The development of big long street would destroy the integrity of the block as being repetitive, unnecessary, and add to the developed cost, serve no useful purpose. Other developments were granted block length variances under similar circumstances. I guess I had two questions. One, could you give us an example of one subdivision that has been granted variances for those reasons and my -- the second, I guess, is a comment or a question to you. It would appear that would always be the reason to want a variance, is they don't want to create another street. But that doesn't seem to be a sound reason to grant a variance to me. But you could give me some examples as to what you're talking about? Meridian City Council Meeting • March 19, 2002 Page 49 of 73 Arnold: Mr. Mayor, Councilman Nary, first of all, I guess the comment on the integrity of the subdivision, when this subdivision was originally submitted there was only one stub street to the north. At that point I was not working on the project. When saw it, I immediately said we need another stub. I guess I used to be the stub king in my other life and it was not unusual that I would go through a sub and I would look at connectivity, look at the block lengths myself, look at the fees that could incur and that was my first statement was this, you know, I just said, you know, if I don't do it, the city is going to require it and I know that the city staff will. So I went through I said, you know, we need one here, we will probably need one here. Originally I said, well, we need one down to the school. I didn't know a school site was going there. I talked to Wendel and at that time he said just provide me a pedestrian pathway. Examples of other subdivisions, I just had Sundance before you. Bear Creek was one of them. I believe The Nines was another one. There are examples -- I don't think that that should be the basis of you granting -- that shouldn't be the sole basis that you grant another variance. I think that each case you look at individually. I think this subdivision that we have -- I feel comfortable from a transportation planning standpoint that I have done my job here, that we have provided the interconnectivity. We have given the two stubs to the north. We have given the stub to the south and two to the east. If you do another one here to the north, basically the only position you would put it in is probably over here. These are smaller parcels and the chances of them developing in the near future is long term and to stub to them it makes it very difficult for redevelopment. Two stubs to one 40 acre parcel I think is excessive, that's why I do not propose it. I don't think any additional connections in here are required for our circulation, for vehicular circulation, and if you look at pedestrian circulation, I think we have gone overboard on that. I think this, frankly, would be a good subdivision for me to move to get in shape. There is a lot of walking paths. You can -- it does not encourage vehicular -- vehicles and when you look at doing excessive stubs, I have got experience dealing with -- I guess we don't have anyone from the north end here, but dealing with the north end -- I don't know if you have dealt with that. Recently ACHD is putting in I guess 300 additional stop signs up there. Those are ugly. The reasons you put in stop signs is because the transportation network wasn't laid out correctly in the first place. So what you get is a bunch of pseudo local streets or pseudo arterials on the local streets. So when you look at requiring these interconnections and stubs, I think this -- I would urge the Council to think in the long range that what do you need to provide adequate vehicular connections, try to encourage the other, the pedestrians, so that you stay away from the north end, because some day in the future -- I have been a part of the North Meridian Development Group, this is going to all develop out and if you have excessive gridding out there, you know as well as I do you're impact fees don't necessarily get to the roads as quick as they should, so people when the roads get congested they will start using the internal streets. So I think -- I think that additional stubs here would be excessive and I think that that's something that this Council ought to think about and I guess I will be presenting and proposing more of that with the North Meridian Development Group. Grid systems are great in the short term. In the long term they are a headache and I think the north end can attest to that. Sorry to make that so lengthy. Meridian City Council Meeting • March 19, 2002 Page 50 of 73 Nary: That's okay. It's just telling us specifically what you -- well, it's just why you wanted the variance for -- Arnold: And I know our variance application was submitted and I assuming it was this block length. I'm having difficulty understanding the block length. If you look at this block length that's over a thousand feet. I don't know which block that is. It runs from here down to here. But we are providing, you know, pedestrian circulation here. We have amajor -- or residential collector coming here. So this -- you know, when I looked at it I say this site is served adequately by a public street and in the future by these extensions. I look out here, it's -- as part of this group we are going to be recommending to you to limit the access onto the arterials, so I don't see additional stubs this way, unless it's fire and we did address the Planning and Zoning concerns. Up here we have provided a stub and down here it was not preferred by the school district and it doesn't make sense. I have seen -- Resolution Subdivision is a good example of a stub that's to the south boundary and it didn't get extended. The school district doesn't like to have any public streets in their -- run through their property. So I guess I can go through -- this is probably another block length, if I'm understanding -- if it's read by just the rear block length. So there are several in there. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Yeah. I was just going to ask the same thing. What is the interpretation of a block length? Is it a straight so many feet? Stiles: The block lengths -- when I was working for an engineering company with the same heads that head the Briggs Engineering Company, was to take the roadway length, the roadway frontage of the lots and how you would get from one place to another, if it exceeded a thousand feet the block length was excessive. And for ease in our department we have been using the rear property lines as a measure of that. But typically it would be along the frontage of the roadway is considered the block lengths. Bird: Shari, then if a road intersects or takes off, you know, like the stubs up there, does that break up the lot length there on one -- on the area on the north, but on the south it's still -- it's still going passed the thousand, is that how you determine it? Stiles: Yes. Bird: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting March 19, 2002 Page 51 of 73 De Weerd: But isn't -- the goal is connectivity and wouldn't a pedestrian path be qualified to break that lot up or -- Stiles: I guess that's up to Council to determine if they would consider those. I hate to see everybody submitting pedestrian pathways everywhere to have no vehicular connections. I mean it would be great if they would have the. thousand foot block length for vehicular connections and provide more connections with pedestrian walkways, but to delete the requirement for vehicular access at a thousand feet, I don't think that would be a good idea. Bird: Shari, on this plat that's shown here, where would you recommend other intersections of vehicular transportation? Stiles: This access here could be either offset or continued through as a vehicular access. They are just slightly over the thousand, at least on the property boundary here. If they wanted to make this a vehicular access, instead of the pedestrian walkway. I mean I do like the pedestrian walkways that they have included in this. I think there has been some thought into it -- gone into it and it will be nice. I'm not sure that there is going to be a market for all of these houses to not have more than afour-foot high fence in the background. That's going to cause us some problems, because they are all going to want asix-foot fence. I know that the Yorgasons have been pretty successful in their -- well, say Crossroads Subdivision in not allowing that to happen, but should they ever fall behind on enforcing their covenants, that it becomes a city responsibility and we really don't have the staff to concern ourselves with that on an ongoing basis. They are limited on the south because of the school. They do provide an access to the Kennedy property here. I think the school district only goes to this point right here. They could provide another vehicular access in case some of this property wanted to redevelop. There are some larger lots. I don't know what the potential is for redeveloping a lot of those lots, but there is -- I'm sure there is some. That would give them the opportunity to redevelop if -- because right now they would be pretty much reliant on one access from Ustick Road and -- or something developing between -- on John Kennedy's property. So that's another location they could provide one. This -- I'm not sure if that exceeds a thousand feet or not and about the only way they could probably get around the thousand feet would be to have accesses closer to the ends or -- it is difficult to try to meet the thousand, but it wouldn't matter if it were a thousand or three hundred, we are still going to continue to get request for variances and I guess we just need to decide what our ultimate goals are and if we need to change that. I mean when you start seeing so many variances for the same things over and over and over again, there is either something wrong with the ordinance or variances are being granted without reason. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting March 19, 2002 Page 52 of 73 Bird: A follow up, Shari. If we run more streets in there, I would be -- the pedestrian pathways, I would be fearful of them, if we are going to be cutting across in every 300 yards or so for safety reasons, so I would think one would have to go either to the streets or the pedestrian walkways. Personally, I have traveled enough in the north end of Boise and I think Steve isn't wrong, I'd say they put 600 stop signs up there and it's not fun, but I understand why they have to do it and I realize what you're saying about it and we have had a lot of variances on block lengths and either something is wrong with us or something, you know, but I personally like this site -- this site plan. I think it gives a lot of pedestrian walkways in a high density subdivision and it keeps the trip -- the miles of car travel around in there at a minimum and I think they have got plenty of -- my personal opinion is they have got plenty of stub streets out. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I was going to agree with Mrs. Stiles, but I think we have a problem with the ordinance. I think that's -- the problem is that I don't see a reason that we couldn't grant a variance. I guess I feel bad that the applicant has to even ask for a variance. Because it's not very clear to me. We define block as a group of lots within well-defined boundaries, usually a street. I don't know what that means. I mean that means that virtually every street on here may exceed a thousand feet if you go here and here to here and every one of these is probably that, but yet the design doesn't bother me. I think the design is probably what is -- is as well thought out as any. But I think we probably need to be looking at our ordinance and making a little bit more definition, because, otherwise, we are doing like Mrs. Stiles said, we are just granting a variance every time. I guess we don't have any other way to do it, so I think if you turn that up, I think Mr. Arnold is correct, I think that this is a good design and it does make sense and all the other amenities that they have tried to do -- not amenities, but putting the stubs and all of that would make some sense for traffic and all those things. But I just think we need to probably look at our ordinance and make that a little bit cleaner, so that if we are going to grant a variance we have reason to do, not because we can't figure out what we meant. Bird: Yes. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I don't want to beat a dead horse, but I would agree with them. I think more -- maybe the goal of the block length is to reduce those straight-aways and, you know, when you're counting corners and how it wraps -- you know, it gets a little ludicrous. You kind of lose your meaning and I have concerns about a grid system, too, because I would never live on it. My kids, I would fear for them. Actually, I do live on a pretty straight road and we want to state -- we want stop signs, but they won't give us one, so, Meridian City Council Meeting March 19, 2002 Page 53 of 73 you know, I guess we are on the other end of the spectrum. I like this design. I think the block lengths don't give me cause for concern and, again, I think it's -- they are long because we are counting the curves and those kinds of things. So, like I said, I don't want to beat a dead horse, but we do need to revisit our block lengths and maybe look at what our intent is and I think it is to minimize those straight-aways and be conscientious of how fast traffic can get in some of those long straight blocks. Mr. Mayor, I guess I had one more question for either the applicant or his representative and that is we are undergoing the North Meridian Area Plan and you have been an active participant, as well, Steve. Why are we considering this? I guess my concern is there area number of issues in the North Meridian Area that that's why the development community and all the different governmental entities came together to find solutions to these anticipated issues and how we are going to address them, find solutions, and we work together to work it out so that all of this can happen. It concerns me -- I know Sundance and Cedar Springs came in before we -- and maybe were some of the influence of why we came to the table, but I guess I just get concerned that we are continuing to examine subdivisions and this is a very worthy application, so it has nothing to do with that, but I still think the issues of why we came to the table exist and we need to find solutions and if we continue to approve applications before those solutions are nailed down, we are losing our participation and we are not gaining any advantage of having that big picture view and how we are going to work it all. So, you know, I don't know how we proceed in trying to accomplish those goals and it's hard to put stipulations or conditions on applications when we don't have them yet or we don't know what those agreed-on solutions are going to be. So I guess I hesitate to continue to consider applications when we have these issues that we want to resolve. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'm glad you brought that up, because I sat here and I listened and I agree with what you're saying is that I don't have a concern with the particular project, but my concern is that by the time we actually get a North Meridian Plan we have any area left to plan. Bird: That's right. Nary: Because all we have done is done it all before that and if the Council recalls, last year when we had -- when we met Planning -- when the Planning and Zoning Commission met with Council, a discussion was -- a very short discussion was talked about in considering or evaluating whether or not there was the appropriate evidence to consider a moratorium until our comprehensive plan is completed, would be an appropriate thing to do at this juncture and I think it's something we need to discuss again whether or not we want to -- I don't want to pull the picture for the project here, but I think we may need to look at whether or not under the Idaho Code there is some appropriate means to deal with that, because it doesn't make sense to me to be involved in that process and take up people's time and by the time we get it done there Meridian City Council Meeting • March 19, 2002 Page 54 of 73 isn't a whole lot of land left to really be concerned any longer with all the projects that were out there. So it's another thing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I think Mr. Yorgason was going to make an answer for the developer. Corrie: Okay. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Yorgason: Yes. Corrie: Name and address, please. Yorgason: Dave Yorgason from Capital Development. Address is 6200 North Meeker Place in Boise. Very fair question. It's a good question to ask. Probably ask staff, but I believe this application is a little unique to most of the others that are the remaining parcels, if you want to look at it that way, yet to be developed. This application was actually submitted over a year ago to staff, around the 10th of March last year. We are waiting -- waiting for annexation, I guess, but it was much before even that time that we had some vision working with staff, specifically Mrs. Stiles, trying to find a concept that made sense, rather than just square 80 by 100 foot lots, we'd rather see a little more -- different and little more unique to what you have seen in the past. I hope that's what you see here. That's what we think we see and hopefully we see the same picture. But we agree with you and we also recognize a moratorium has not been called and that sort of dictates certain things also. I'll make a short statement tonight that our presence will not be dropped off the plate if Council chooses to approve us tonight. We are still -- we will be very actively involved with the North Meridian Area Planning Group. I live just a stone's throw away from this area here and I went to Meridian High School, I'm from this area, and my heart is in the Treasure Valley and I certainly have an interest in allowing the community to look nice and definitely our input and our participation with the total group, not the developers, but the total group on the North Meridian Area Planning Group. I want to stay involved for that reason, if nothing else, to help give our input to what we think adds to the City of Meridian. I don't know if I hear a lot of questions, but I sure hear a lot of statements regarding why we are looking at this application, that may be one of the reasons why, but it was submitted over a year ago. Certainly we will -- I kind of hate standing in front of the spotlight, that's why I make this guy stand up here, but I also will be available for any other questions you may want to ask of us tonight. Arnold: One other thought here and I know the group is going to be meeting again this F1-iday. We have -- which I'm supposed to review before then -- is a -- basically a proposal that we are going to outline and present to this board with what we are proposing along the road -- what we are proposing for land use. Basically a culminating Meridian City Council Meeting March 19, 2002 Page 55 of 73 event of what we have been doing will be reviewed by this Friday. Nothing I have read to date in that -- nothing in this project contradicts what I have read in that proposal that we are going to be presenting to you. Along the lines of the people dropping out as you approve things, Sundance Development was approved, the Voigt Development is still having me on their behalf go to these meetings. They not only had some property to the north that they are considering, but they are also looking throughout other parcels and I'm sure Capital Development will also keep in mind other parcels within the 12 square miles. So on that behalf I don't think we are all -- I've put too time in to walk away and not see it through. I know that other developers and others will see that once they just get things approved -- like the Sundance and I'm sure Kevin Howell will be interested in seeing what is going on within that group. We are not going to walk away and I don't think that what we are proposing tonight contradicts or impedes anything that that group is going to present to you. So that's all. Corrie: Thank you. I have the same concerns that Council does, although not to that degree. I think that we are moving along with the North Meridian Corridor and I think it may be very shortly before we have some things that we can really sink our teeth into, so -- at least I'm looking forward to that. I don't think the developers will drop out either. Arnold: If I could add, I'd like to be a part of working with this block length issue. I mean I would be happy to work with staff on my own time to work that issue out, because I still. have some roots in that and I have some interest there, so I would be happy to participate in that. Corrie: Mr. Nary. Nary: We need to change the ordinance. Corrie: Okay. Any other questions from Council? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess only -- you know, I appreciate the work and I didn't doubt your commitment, because I have seen you and I know you were drivers behind this to begin with. I, however, continue to be concerned about solutions that don't seem to be forthcoming at this point in addressing a lot of capital type of things, the road improvements -- and I know that is being worked on, but we have fire stations needs up there, you know, we have school needs, as you saw in the vague letter that we got from the school district, you know, and we will have other demands. Fortunately, a lot of it is starting to work itself through as well, but there are other issues and I hope we start seeing something a little bit more concrete come out and I look forward to continuing that dialogue. Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting • • March 19, 2002 Page 56 of 73 De Weerd: I would move we close the Public Hearing. Bird: On what? De Weerd: What? Bird: On all three? De Weerd: On all three. Bird: Second. Corrie: Okay. Motion has been made to close the Public Hearing on Items 13, 14, and 15. Any further discussion? All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Okay. Any discussion further on the three items? Bird: I have none. Corrie: Okay. Then I will take them -- Item No. 13, annexation and zoning. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for annexation and zoning of 77.9 acres in a proposed R-8 zone for Baldwin Park Subdivision, to ask the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and to incorporate testimony by both the applicant's representative and staff in regards to any changes to the P&Z recommendation. Bird: Second. Corrie: Okay. The motion by Mrs. de Weerd, second by Mr. Bird to approve the request for annexation and zoning by the motion. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for annexation and zoning is approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeting March 19, 2002 Page 57 of 73 Corrie: Next item is Item 14, the Preliminary Plat De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I will make a motion so we can have discussion. I move we approve the request for Preliminary Plat of 272 building lots and 16 other lots on 77.9 acres in a proposed R-8 zone for Baldwin Park Subdivision, to incorporate staff comments and the testimony today by the applicant, to also include a notation that the condition of piping or tiling the Meridian Settler's -- it's not the park -- Settler's drain -- Bird: The White Drain. De Weerd: The White Drain? Okay. Would be to comply with the decision of the Settler's Irrigation District, to ask the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and to also note the limit of the building permits as staff has recommended. And to incorporate all staff comments. Bird: I'll second it. Corrie: Motion has been made on the request for Preliminary Plat approval by the motion. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Shari, are we covering all the questions that you had? Well, I'm approving the Preliminary Plat as shown in front of us, so -- Stiles: I guess that Brad and I .are still concerned about the White Drain and its configuration and the fact the easements are not shown on the plat, which is a state code requirement, as well as our requirement. I mean I know we have made some comments here tonight about what they are proposing, but until we see that we don't even know that those are viable lots. Some them will be okay, because they are deep enough and they could accommodate that 60 feet, but unless they are going to put that easement on somebody else's property, part of the easement that they are acquiring, if they are still acquiring the 60 feet, the lots close to the eastern boundary may not be buildable, depending on whether the drain stays where it is or if it goes somewhere. The banks go down -- some of those lots would be about 4,200 square feet, if that has to stay where it's at. If the information provided on the plat is accurate, that's what would happen. De Weerd: Okay. I guess I didn't understand that through what we heard in the presentation or with the applicant, that that was an issue. So I wasn't -- I wasn't in tune Meridian City Council Meeting ~ • March 19, 2002 Page 58 of 73 with that. Maybe someone else was. Certainly can this be worked out between Preliminary Plat and Final Plat? Stiles: We would like to get it shown on the Preliminary Plat, so we have it on file. It was a requirement of Planning and Zoning Commission to provide that 10 days prior to this hearing, so that would be deleting that requirement. De Weerd: Okay. Well, I would withdraw my motion. Bird: I'll withdraw my second. De Weerd: And move, instead, to table this for resubmittal of the Preliminary Plat at our next meeting on April 2nd. Bird: And at that time have a -- De Weerd: At that time we could reopen the Public Hearing, so that we could consider the -- Corrie: You better reopen the Public Hearing now, because you have to -- you need to open the Public Hearing on the Preliminary Plat and then continue it, so I'll entertain a motion to continue the Public Hearing on Item No. 14, Preliminary Plat. De Weerd: Mr. Mayor, I would move that we reopen the Public Hearing for request for Preliminary Plat by Baldwin Park Subdivision. Bird: For the others, too? De Weerd: We are dealing with one at a time. Stiles: Mr. Mayor? Corrie: Yes, Shari. Stiles: If we could also note for the next -- when it's continued that the new Ada County Highway District report needs to be substituted for that paragraph on page three, too, that was talking about the stub streets to the north. De Weerd: If we could amend the Findings to reflect what was talked about on the recommendation, that would be very helpful. Nichols: Mr. Mayor, Members of the Council, the recommendation standards are submitted. If they are wrong, they are wrong, and if -- you know, if ACHD issues a report after the recommendations are issued, then we just incorporate the new ACHD findings, but we are not going to -- I can't ask -- I'd ask you not to tell me to change the Meridian City Council Meeting March 19, 2002 Page 59 of 73 recommendation. If we got them wrong, we got them wrong, but we can certainly try to get it right when we get to the Finding stage and that's what we would want to do. De Weerd: What I can request is that staff summarize what changes they would like to see in those recommendations on an addendum like they normally do. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think what Council Woman de Weerd is asking for is a position statement that says, you know, what the recommendation should be and why. So it certainly helps if -- A, if the attorney that's making the recommendation isn't getting it right, that I go back to that lawyer and say you didn't get it right and here is why and, more importantly, though, it gives us a better opportunity to make it right when we do the Findings when the motion is: With staff and agency comments and doesn't go through and detail each of those exact items, so we can try and get a better product that's the actual legal document upon which the applicant has to abide by. De Weerd: Is that okay? Stiles: Well, in this case we wouldn't be making recommendations to change the P&Z recommendations, because, you're right, those are what they are. But at least that the Findings reflect the new conditions as submitted by Ada County Highway District. De Weerd: Okay. So this is all discussion on reopening the Public Hearing; right? Corrie: You need to second the reopening. Bird: Second. Corrie: Okay. Motion has been made and seconded to reopen the Public Hearing on the Preliminary Plat, PP 01-024. Any further discussion? All in favor of the motion say aye. All ayes. Motion carried. The Public Hearing is reopened. MOTION CARRIED: ALL AYES. Corrie: Now -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we continue Public Hearing PP 01-024 for Baldwin Park Subdivision by Capital Development Company until April 2nd, 2002, and that a new requested site plan Meridian City Council Meeting March 19, 2002 Page 60 of 73 be presented as was requested and also that the staff come up with a summary of items that they believe need to be in there and to get it to us by the 29th of March. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to continue the Public Hearing until April 2nd, 2002, by motion made. Any further discussion? All those in favor of the motion say aye. Opposed no? Motion has been carried. MOTION CARRIED: ALL AYES. Corrie: Request for variance on block lengths. Bird: Mr. Mayor? , Corrie: Mr. Bird. Bird: I believe that we probably had better reopen that Public Hearing and continue it, because we have requested that the applicant come in with a new site plan, which I don't think is going to make any difference on his blocks or anything like that, but, anyway, it will at least show the easements and stuff down the road. I would move that we reopen the Public Hearing on VAR 01-020 for Baldwin Park Subdivision by Capital Development Company. Nary: Second. Corrie: Okay. Motion has been made to reopen the Public Hearing on the variance 01-020, Baldwin Park Subdivision. Further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we continue Public Hearing VAR 01-020, for proposed Baldwin Park Subdivision variance for Capital Development Company until April the 2nd, 2002. Nary: Second. Corrie: Okay. Motion has been made and seconded to continue the Public Hearing on the request for variance 01-020 until April the 2nd, 2002. Any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. Meridian City Council Meeting March 19, 2002 Page 61 of 73 MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: If the applicant could try and get that revised Preliminary Plat to staff at your earliest convenience, so they have a chance to look at it and get comments back to us, that would be great. Thanks. Bird: By March 29th for us, too, please. Item 16: Public Hearing: VAC 02-001 Request for a vacation of an existing sewer easement in the proposed Sundance Place Subdivision by Briggs Engineering -west side of Meridian Road, '/2 mile north of Ustick Road: Corrie: Okay. All right. Item No. 16 is a Public Hearing, request for vacation of an existing sewer easement in proposed Sundance Place Subdivision by Briggs Engineering, the west side of Meridian Road, one half mile north of Ustick Road. At this time I will open the Public Hearing on the request for vacation and staff comments first. (Mayor Corrie stepped out.) Watson: Mr. Mayor and Council Members, this is a request for vacating one of the easements you approved for the .White Drain sewer trunk project. The original easement that we obtained from the Voigt Development Company is the one to the north, right along the north boundary. Subsequently they came up with a layout for a proposed project north of Sundance project you approved last month and it's the one that courses through their proposed streets. Both of them end up connecting to what we call the Quenzer property to the east. That property we don't have easements for yet. I have been working with David Turnball of Brighton Corporation, who either owns it or has an interest in it, over the last couple of weeks to try to come up with his alignment. Public Works prefers the second one, but until we make an absolute decision we are a little reluctant to give up on this one. An application hasn't even been submitted yet. I think the Planning and Zoning recommendation was that they would recommend the easement vacation subject to the Public Works Department approval of the alternate routing and if you're comfortable with that, we have no complaints. We just haven't made a final decision yet. It's pending on several different things, both the write-in application and I would presume this application. With that I would welcome any questions. De Weerd: Council, do you have any questions? Bird: Madam President? De Weerd: Mr. Bird. (Mayor Corrie returned.) Meridian City Council Meeting March 19, 2002 Page 62 of 73 Bird: Brad, how long is it going to be before we -- this will be tied up or -- do you have any idea on that, where we are going to decide? Because we do need to hopefully get started on the White Drain and I realize this is two miles away, but we need to have our drawing and engineering in place, I think. Watson: Councilman Bird, Mayor and Council Members, we have designs for both alignments done. They were included in the bid documents as an alternative. One was an alternative to the base bid. So there is no engineering that really needs to be done. All I'm waiting for is for Brighton Corporation -- we have actively working with them over the last few weeks. In fact, he reminded me -- he sent me an a-mail to remind me that he wanted that and I called Keller & Associates either last Friday or Monday to get that document to him. Legal descriptions aren't totally tidied up yet, but -- easements are a funny thing, because they seem to be going very well, but -- I would think in a couple of weeks we should have the final document in front of Mr. Turnball for signature, if he is, in fact, the owner. I see the Quenzers in the audience, so maybe they do have some interest in the property. Nary. Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, are you comfortable with the way the recommendation is framed from the Planning and Zoning Commission that as long as this isn't going to mess anything up, because it says contingent upon Public Works approval. Is that okay? Watson: Council Member Nary, Mayor and Council, that's fine. We just don't understand the- rush, I guess. All along we would rather go with their preferred alternative. If you give us the authority to make that final approval once we get that nailed down, that's great. Nary: Does this particular vacation have any impact on Mr. Kennedy that's coming up in a week or two? Watson: Council Member Nary, no, they are -- this is much farther -- well, it's east. Nary: Okay. Watson: It doesn't connect. Corrie: Any other questions? Bird: I have no more. Corrie: Okay. Hearing none, Council, request for vacation? Meridian City Council Meeting • March 19, 2002 Page 63 of 73 Bird: This is a Public Hearing. Corrie: I'm sorry. The developer, please. Arnold: I will be quick. Again, tell the whole truth. I guess one of the questions was what was the rush and we submitted this application, the Preliminary Plat, sometime ago based on the assumption that we were going to get approved for Sundance. It's been approved. We currently have in our hands the development agreement and I need to put a call into your attorney to talk about something simple as the signatures on that, but my client has reviewed the development agreement for Sundance and there is -- we have no issues with that. So I'm assuming that gets signed here sooner than later, assuming that you adopt the ordinance to annex Sundance, you're going to be seeing a Preliminary Plat application, a complete application, very soon, unless, of course, you can move to accept that preliminary application tonight before -- Stiles: Before it's submitted? Arnold: Before it's in officially. And, obviously, we'd like that. De Weerd: I don't think so. Arnold: But I guess that we are comfortable with the recommendation of Planning and Zoning based on the approval from Public Works, so I guess I can -- we are comfortable with that. We know it's going to go in the south. I think Public Works is comfortable that it's going there, they designed it, I guess we don't see the need to keep the north any longer, so I'll stand for any questions. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So -- but what if it all doesn't work? What if, for whatever reason, it doesn't work? It would still be -- the way I read this recommendation if that's what you have got, there would still be the easement in the north, would that be the way you see it? Arnold: Mr. Mayor, Councilman Nary, that's the way I understand the recommendation to be. Obviously, our preference would be to drop it now, but we are going to continue working with Public Works to see to it that we design the south easement, so -- Nary: But Ijust -- I think there is a reason that we talk about premature and I recognize you have had this in the works a long time and I remember that you made this as part of the recommendation previously. I remember all of that. But I'm just concerned that if it doesn't work we have had a lot of easements that seem to take a lot longer than we thought they would to get done and so all I -- I guess the assurance I was wanting to hear was -- the way I'm reading this and the way that Brad was -- the way Brad is reading it is that this is still subject to Public Works Department approval. If, for Meridian City Council Meeting March 19, 2002 Page 64 of 73 whatever reason, they get that south easement to happen, then this vacation can't occur until that approval gets done. Is that the way you see it, Mr. Arnold? Arnold: That's correct. That's the way I understand it. Nary: Okay. Thank you. Corrie: Okay. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Goldsmith: Yes, it is. Corrie: Name and address, please. Goldsmith: Marty Goldsmith for Far West, LLC, 4487 North Jennifer Place in Boise, Idaho. Mr. Mayor, the proposed vacation of the easement along the south -- excuse me, north boundary of the proposed Sundance Subdivision was to extend further towards the east and serve the Quenzer property, which you were discussing as going to be coming in with a proposed new sewer easement alignment. The old one provided for -- the intent of the old one was to provide service to the Ham and Medco properties, which would be to the north of the Quenzer-Ham-Medco boundary and I'm just asking that we all be on the same page, so if there is a new alignment giving the Quenzer property for that sewer, that it still be extended to the Ham and Medco properties and we have been working with Bruce -- with Brad Watson and just wanted to make sure that it was everybody's intent to provide sewer to the Ham-Medco properties through the Quenzers. Bird: That's part of the White Trunk. Goldsmith: So the easement being drawn up by Kellers now, then, would reflect a stub and, therefore, an easement through that stub to the sewer for the Ham-Medco properties? Watson: Mayor and Council Members, the one that was transmitted to Keller includes several stubs to the Ham property, as long as the continuous easement along a portion of it. There is access in three different spots to the Ham property on the proposed legal description that's going to be sent to Brighton. Yes. Goldsmith: That answers my questions. Thank you very much. Corrie: Thank you. Anyone else like to issue testimony? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Meridian City Council Meeting • • March 19, 2002 Page 65 of 73 Nichols: Mr. Mayor, I have a question of Mr. Watson. Brad, don't we have -- or do we have two easements or do we have one easement and one proposed easement? Watson: Mr. Nichols, Mayor, Council Members, we have in hand two recorded easements on this piece of property. Nichols: So it's just amatter -- that's why they have asked for the one to be vacated, is because they have given this other one, which is shown as the one that runs not in a straight line along that north boundary of the property, but on a street line; correct? Watson: Correct. The initial easement was granted by the initial property owner, not -- well, Iguess both of them. Both of them were by the initial property owner. Nichols: Thank you. Corrie: Any other questions? Bird: I have none. Corrie: Okay. Then hearing none, I will entertain a motion to close the Public Hearing on the request for vacation. Bird: So moved. McCandless: Second. Corrie: Motion made and seconded to close the Public Hearing on the vacation 02-001. Any further discussion? All those in favor of the motion say aye. Opposed no? The Public Hearing is closed. MOTION CARRIED: ALL AYES. Corrie: Comments? Discussion? Bird: I have none. Corrie: Okay. Then I will entertain a motion on the request for vacation. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the easement vacation subject to the Public Works Department approval of the alternate route of the White Drain Trunk Line through the subject parcel as part of the construction contract and for the Mayor to sign and the Clerk to attest. Meridian City Council Meeting March 19, 2002 Page 66 of 73 Bird: I would second testimony tonight by Quenzers and this land. McCandless: Agreed. Bird: Second. • ~ that with -- if the motion would include statements of public both public and staff regarding stubs off the land north of Corrie: Okay. The motion by Mrs. McCandless, second by Mr. Bird to approve the vacation request as stated in the motion. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 17: TE 02-001 Request for a one year Time Extension of the Preliminary Plat approval for Mallane Commercial Complex by The Land Group, Inc. - northwest corner of Fairview Avenue and Hickory Lane: Corrie: Item No. 17 is a request for a one year time extension of a Preliminary Plat approval of Mallane Commercial Complex by the Land Group. Stiles: Mr. Mayor and Council, they have requested aone-year time extension, so they can submit their final plat. Their Preliminary Plat was approved on March 6th, so they are requesting an extension to submit their final plat until March 6th, 2003. Corrie: Okay. Any questions for staff? Okay. Hearing none, I will entertain a motion on the request for the time extension for the Preliminary Plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move that we approve TE 02-001, request for a one year time extension of the Preliminary Plat approval for Mallane Commercial Complex by the Land Group at the northwest corner of Fairview Avenue and Hickory Lane. Bird: Second. Meridian City Council Meeting March 19, 2002 Page 67 of 73 Corrie: Okay. Motion made and seconded to approve the request for cone-year time extension for Preliminary Plat TE 02-001. Any further discussion? Roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved. MOTION CARRIED: ALL AYES. Item 18: Water, Sewer and Trash Delinquencies: Corrie: Item No. 18 is the notice and turnoff schedule. This is to inform you in writing that you have -- if you so choose that you have the right to a predetermined hearing on Tuesday, March 19th, 2002, before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by this city that your water, sewer and trash bill is delinquent. You may retain council and your service will be discontinued on March the 20th, 2002, unless payment is received in full. Is there anyone present who wishes to contest their water, sewer or trash delinquency? Hearing none, you are hereby informed that you may appeal and have the city's decision reviewed by the Fourth Judicial District Court pursuant to the Idaho State Code. If you do appeal your service may be shut off. The amount of the turn-off list is $35,251.50. I will entertain a motion to approve the turn-off schedule 3/20/2002. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move we approve the delinquency turn-off schedule for the delinquency of the water, sewer, trash bill. Service will be discontinued on March 20th, 2002, unless payment is received in full. That the total amount is $35,251.50. Nary: Second. Corrie: Motion has been made and seconded to approve the delinquency turn-off list. Any further discussion? All those in favor say aye. Opposed no. Motion carried. MOTION CARRIED: ALL AYES. Item 19: Parks Issues Corrie: Item No. 19 was added to the agenda by Mr. Bird. A parks issue. Mr. Bird, you have the floor. Bird: Thank you, Mr. Mayor. I have got two things to bring before you, Council. First of all, we have been working -- and Tammy is probably more familiar with these people Meridian City Council Meeting • March 19, 2002 Page 68 of 73 than I am on this playground -- Adventure Island out in the new 56 acre -- it's a group that is trying to raise money to install this one-of-a-kind challenged -- De Weerd: Universal -- Bird: -- universal playground equipment. Anyway, they have discussed -- the St. AI's foundation is working with them. In fact, they are going to be under their cover, which is a very good sign. They are going to try to raise one million or so, because this thing could cost as much as 1.2. The lady in charge come to Tom and I the other day and asked if we put 50,000 dollars in the budget year for this and up front it is not seed money, nor will it ever be seed money, but they have got an opportunity to go to a trade show, which -- for this Kaboom playground equipment back in Chicago. It will help us get some grants, possibly, and stuff and when we talked the other night -- the other afternoon, the idea was to send one parks person back and one of them. Well, Tom talked to the playground equipment people and they said there is no reason for parks to send a couple of those back, because basically it's going to be getting grants and stuff like that. It's going to be a deal. They do not have any money in their foundation yet and they would ask if the city, out of the 50,000 line item, would -- it would cost approximately $2,000 for two of them to go back, if we would forward that out of our budget and they will pay it back once they get it -- with the understanding that they will pay it back, put it back into the deal once they get their fundraising going. I personally have no problem with that. I've got one legality that I need to ask the lawyer and I don't think it's any problem, but with them being non-employees, that don't make any difference, does it, with our money? It's going back to -- that's the one problem I had. Corrie: Mr. Nichols, you want to take a stab at that? Nichols: Stab at it. Mr. Mayor, Members of the Council, I guess I don't know --first of all, Stacy should tell the Council whether or not it would be acceptable to use that particular -- any funds from that line item for travel costs and she's not here, so she can't answer the question. Assuming that there isn't a budgetary problem with using it for travel costs, it is perhaps acceptable if those individuals were qualified, if you will, as volunteers on behalf of this city to obtain grant funding for this or other similarly situated Meridian parks projects. I don't think you have to be an employee to have the city pay your travel expenses. I mean if you wanted to send a parks commissioner back someplace, that qualifies, if you want to send a Planning and Zoning commissioner to a seminar, that's acceptable. If you want to -- there are other volunteers in this city, maybe somebody that volunteers with the PAL program. I would be primarily concerned with whether or not it's in the correct budget item within the parks department or the finance department to say it's okay to do that. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting March 19, 2002 Page 69 of 73 Bird: Could I respond? Bill, we make line item budget adjustments every year. This will be my fifth year of sitting on this and I don't believe we have ever -- the police department or the fire department or the parks department or somebody in administration hasn't had to change it, so I realize that that one -- that problem we could take care of changing it from one line item to an expense of that. I had the question -- what I'd like instead of going through a real debate tonight is get the Council's feelings, if they are in favor of it, if the Mayor and Bill will work it out, make sure it's legal and see what your thoughts are, I, for one, am for sending them back. If they can get us -- you know, if this will help them raise money to go towards it, if they are willing to put a millions dollars in our park and raise the money, I'm for helping them. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: When is this, Mr. Bird? Bird: It's got to be done immediately. The -- Nary: When is the thing they are going to? Bird: It's the second --first week in April. April 9th or something like that. Nary: There is another thought. Imean -- and I think Mr. Nichols is right. I mean another thought certainly, if necessary, from the Mayor and Mr. Nichols can certainly do a contract with these people with the city and that would probably, again, cover them if there were injuries or if something else were to happen, that might be another way to do it. But I don't have any objection to what you're asking. I think it makes a lot of sense. It's fairly inexpensive expenditure, so I don't think it's a bad idea. Bird: Cherie? McCandless: Mr. Mayor, no, I have no objection the way you presented it. Bird: Mr. Mayor, with your permission I'd make a motion, Council, if you would support this, that we let the Mayor and Mr. Nichols research this, make sure everything is legal, and have the Mayor authorize this, sending two people back to this conference. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, Council Member Bird, you often have a not-to-exceed amount. Bird: Oh. Okay. Not to exceed -- I'll give them a little leeway -- $2,500. Meridian City Council Meeting March 19, 2002 Page 70 of 73 De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor of that motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Thank you, Mayor. And they do need -- if you could talk to Tom tomorrow they would appreciate it. I have got one other question, Council. We have got a long time coach at the Meridian High School that is retiring from coaching baseball this year. He not only has coached at the high school as the head baseball coach since 1969, he has been there since 1967 in the high school or junior high, he was the very front runner of getting the American Legion program restarted in 1979 in Meridian and was one of the leaders in getting the legion field built, the lights up, and the park being one of the nicest baseball fields in the valley, so -- and this has been tossed around and brought forward once before, but I would like, with the Mayor and Council approval, I'd like to see that baseball field -- the American Legion baseball field named after him. I know that we don't have a policy on that. I did go to the parks and recreation commission a week ago Monday, they supported it wholeheartedly, and I'll throw it out, his name is Mo Brooks. We'd like to keep it -- Elmore Brooks. We'd like to keep it as a surprise if you do pass on it. But putting up a sign and everything will not cost the city anything, it will be taken care of by Meridian Athletic Round Table who runs the American Legion program. So I would just like to throw that out and we'd need to get started, because they want to do it on his last home game that he will be coaching here in Meridian. I'll throw it out for discussion. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Do you finally have a resume? This came up a year or two years and maybe four years ago and all they asked for was a resume. Do you have that? Bird: Finally got one. De Weerd: All right. Bird: We brought it forward -- the school had brought it forward before when Mayor Corrie was on the council or I think maybe he was the Mayor and it got shut down, so they were pretty -- I don't think they were too happy with us and -- De Weerd: It got shut down? Bird: Yeah. It got shut down, but it shouldn't have, so -- Meridian City Council Meeting March 19, 2002 Page 71 of 73 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think it's a wonderful idea, Mr. Bird. Does the city control the park that they need our approval to name the field or -- I just don't know the -- Bird: Okay. The history on the park -- the history on the park was --the Meridian Athletic Association bought it through the city with the BOR, Bureau of Rec. In 1981 Elmore and two or three guys went to the Mayor and Council in Meridian and said, you know, there is just weeds out there, I mean we made the 56 acres look good and asked them if -- Nary: Do we own it? Bird: Yeah. We own it with the BOR. Nary: Okay. Bird: But I will give you a history on it if you like. Nary: Well, that's fine. Bird: No. The city has to approve it. It is a city park. De Weerd: You know, we have an event at 6:45 in the morning, so we don't want your history. Nary: Oh, I think it's a wonderful idea, Mr. Bird. I wasn't questioning that. I didn't realize that we owned it. So I have no objection. De Weerd: I have no problem with it. Bird: Mayor, do you have any problem with it? Corrie: None whatsoever. Bird: Okay. I will get this over with. Then I would make a motion that the American Legion baseball field at Storey Park be named the Mo Brooks Baseball Field and if we could keep it quiet we'd love it. McCandless: Second. Corrie: Okay. Any further discussion? Hearing none, since this is a land use I will have a roll-call vote, Mr. Berg. Meridian City Council Meeting March 19, 2002 Page 72 of 73 Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Let the record show the Mayor said aye, too. MOTION CARRIED: ALL AYES. De Weerd: But keep it quiet, so you don't -- Nary: Does Mr. Brooks normally read the minutes of our meeting? Bird: No, he doesn't. Nary: Okay. Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Mayor, I would move that we go to executive session under Idaho Code 67-1234, Subsection B. 1-B. Yeah. Bird: I would second it. Corrie: Roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. Executive session. EXECUTIVE SESSION RECONVENED AT 10:23 P.M. Corrie: I'll entertain a motion that we come out of Executive Session Bird: So moved. De Weerd: Second. Corrie: Motion and second. All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. I will entertain amotion -- De Weerd: I move we adjourn. Bird: Second. Meridian City Council Meeting March 19, 2002 Page 73 of 73 Corrie: Motion made and seconded to adjourn. All those in favor say aye? Okay. Adjourned. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:25 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: C~ I OB RT D. CORRIE, MAYOR ~. ~~ f~~R /~/0~ DATE APPROVED i~~~-=,~ WILLIAM G. BERG, JR., Y LERK ~ ~ March 15, 2002 MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT ITEM NO. ~ - (~ REQUEST Well No. 21 and 22 Pumping Facilities Change Orders - SCADA System Upgrade AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aifMched CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ` , „Q~ MERIDIAN SCHOOL DISTRICT: Ul I ~~ "_ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Mayor Come From: Brad Watson, P.E. ~~~ CC: File, Gary Smith, PE, City Cleric RECEIVED CITY OF MERIDIAN CITY CLERK OFFICE Date: 3/15/2002 Re: Proposed Agenda Items for March 19 City Councll Meeting The Public Works Department respectfully requests that the following items be placed on the March 19 City Council agenda, on the Consent Ac,~:nda, for Council's consideration (we would be happy to discuss any of the following items under Department Reports if you wish to pull these from the Consent Agenda): 1) Well No. 21 & 22 Pumpinc Facilities Change Orders - SCADA System Upgrade. Please refer to enclosed memo from Len Grady to me. 2) Ashford Greens Water Latecomer Agreement -Brighton Corporation. This is a standard latecomer agreement with Brighton Corporation for their installation of a 12-inch water line in Black Cat Road as part of the Ashford Greens Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 3) Ashford Greens Pressure Sewer Latecomer Agreement -Brighton Corporation. This is a standard latecomer agreement with Brighton Corporation for their installation of a 6-inch pressure sewer line from the Ashford Greens Lift Station to the Ten Mile Sewer Trunk. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 4} Bedford Place Water Latecomer Agreement -Brighton Framthedesko£.. Comoration. This is a standard latecomer agreement with Bri hton Co oration for their installation of a 12- s,~aawar~,P'~. g rP ci-y Engineer inch water line in Ustick Road as part of the Bedford Meriaianrublicwor)csL~pmtrnent 660 E. Watertower lane, Suite 200 Meridian,ldaho 83642 (208) 898-5500 Fa~c (208) 887-1297 • Page 1 ci.meaidian.idus • • Place Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 5) Agreement for Professional Services Addendum No 2 - Ten Mile Interchange Sewer Study, JUB Engineers. JUB Engineers is requesting a second addendum to their agreement for professional services for this project. As you are aware, the study was initiated at the request of Dakota Company who agreed to reimburse the City for the cost of the study. The cost of the project based on the original scope was $19,730. The first addendum covered additional costs associated with expanding the scope of the study to the entire Bladc Cat Trunk service area north of I-84 and south of Cheny Lane. That increase was for $3,700 for a total agreement amount of $23,430. This second contract addendum is for property owner contact and information gathering. A copy of the addendum and labor/equipment details is enclosed. It includes a time and materials, not to exceed, amount of $5,884. As I summarized at the Strategic Planning Workshop on March 12, we have asked JUB Engineers, at the request of City Council, to contact property owners to determine their overall project interest, potential financial commitments, and intentions regarding easements. We will still require reimbursement of the original $19,730 from Dakota Company. The additional $5,884 would be the City's responsibilities, as the additional work is not tied to the Eastbourne Investment's interest alone. The total agreement amount would be $29,314. Recommended Council Action: approve Addendum No. 2 to the Agreement for Professional Services with JUB Engineers for the Ten Mile Interchange Sewer Study to include a contract increase amount, on a time ~ material, not to- exceed basis, of $5,884.00, to be paid by the City of Meridian and not reimbursed by Dakota Company (or their assigns). 6) G&H Enterorises II (KFC/A&W) Water Line Easement. This is a standard easement agreement for a water line the City will own and maintain on the project site of Kentucky Fried ChickeNA & W Restaurant. A copy of the signed easement is enclosed. Recommended Council Action: Approval We request that the following items be placed on the March 19 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) White Drain Trunk Sewer Permanent and Temnorarv Construction Easement - John Kennedy. We respectfully request this item be tabled to the March 26 City Council meeting. I expect some additional discussion with Council that may be more appropriate for that non-land use meeting. • Page 2 • • 2) White Drain Sewer Trunk -Award of Contract. Bids were received February 27 for the construction of the White Drain Sewer Thank. The eight bids were: Thueson Construction (Nampa) Sommer Construction (Nampa) Owyhee Construction (Boise) Brown Construction (Nampa) MASCO (Boise) T.A. Dibble Excavation (Boise) (arithmetic error caUSed Bodiford Construction Boise) S-2 Construction (Oregon City) Engineer's Estimate $994,060.10 $1,139,275.50 $1,161,000.00 $1,258,476.50 $1,304,824.90 $2,129,858.20 extremely high bic~ $1,530,478.1 Q $1,544,980.00 $1,497,949.00 Sommer Construction submitted a formal protest of Thueson Construction's bid for several reasons including lack of corporate seal on bid, absence of notary statement/seal on bid bond and experience/qualifications. We have contacted references, met with Thueson Construction and met with Bill Nichols twice so far on this matter. After our meeting with Mr. Nichols this morning, it is apparent we need to gather even more information in order to make a contract award recommendation to City Council: We would recommend this matter be tabled until the March 26, 2002 City Council meeting. 3) Latecomers Agreement Request From Jackson's Food Stores. We respectfully request this item be tabled until the March 26, 2002 City Counal meeting to allow the Public Works staff to discuss and formulate a recommendation. This request was submitted very recently and we were unaware it would be on the agenda so quickly. Thank you. Please contact me if you have any questions regarding any of these items. • Page 3 Memo To: Brad Watson From: Lenard Grady ~~. CC: Gary Smith Date: 3/15/2002 Re: Proposed Agenda Items for March 19, 2002 City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 19 City Council agenda, under Department Reports, for Council's consideration: 1) Chance Order for Construction of Well 21 and Well 22 -Irminger Construction. The construction of Wells 21 and 22 are now virtually complete. During the construction of these wells, we were in the process of upgrading our SCADA system, which made it difficult to incorporate these wells into our SCADA system. Now that the SCADA system has been upgraded, we want to bring the new wells into the SCADA system. Each well will cost an additional $10,998.65 for hardware, software, and electrical terminations, establish communications, etc. Total cost is $21,997.29. Irminger construction is already working closely with Custom Electric, who will complete the final installation of the SCADA system. Custom is also our preferred contractor for fieldwork on our system. The original contract price for well 21 was $214,248.06. A reduction in the amount of $4,054.94 will be achieved, largely by a reduction in the amount of 12-inch PVC pipe required. The final contract price for well 21, including SCADA, will be $221,191.77. The original contract price for well 22 is $237,175. The revised contract price, including SCADA will be $248,173.65. Recommended Council Action: Approve the change order to Irminger ConstructioNCustom Electric for installation of a .SCADA system at Wells 21 for $6,943.71 and well 22 for $10,998.65 and authorize the Mayor to sign and City Clerk to attest the contract. From die desk of .. Thank you for your consideration. Please contact me if you have r.~a c~ay any questions regarding any of these items., Meridian A,h~~ w 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 • Page 1 gadylQci.meaidian idas BEFORE THE MERIDIAN CITY COUNCIL C/C 03-05-02 IN THE MATTER OF THE APPLICATION OF WARDLE AND ASSOCIATES, THE APPLICATION FOR ANNEXATION AND ZONING OF 4.83 ACRES FOR BERKELEY SQUARE SUBDIVISION, LOCATED AT 1025 N. TEN MILE ROAD, MERIDIAN, IDAHO Case No. AZ-01-021 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 February 19, 2002 and continued until March 5, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, John Wardle, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 4.83 acres in size, is located at 1025 N. Ten Mile Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Jalce Centers of Boise, Idaho; and the applicant is Jonathan Wardle, Wardle & Associates of Boise, Idaho. 5. The property is presently zoned by Ada County as RUT, and consists of a single family residence. 6. The Applicant requests the property be zoned as R-8, with the intent to develop 35 residential building lots and 15 other lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. 7. The subject property is bordered to the north by a rural residence, zoned R-4, and Parlcside Creelc Subdivision, R-4, to the south by County rural zoned FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) RUT, and southeast the proposed Valerie Heights Apartments, zoned R-15, to the east Thunder Creek Subdivision, zoned R-4, and to the west by Chaparral Elementary School, zoned R-4. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. 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: 1. If the legal description is not accurate, a new legal description shall be submitted. 2. If fill is added, existing grades shall be met at the property line, or provide proof to Public Worlcs and Building Department that a fill slope easement has been secured from the adjoining property owners. 3. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. A development agreement shall be required as part of this annexation request. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) Adopt the Recommendations of the ACRD as follows: 5. Dedicate 48-feet of right-of-way from the centerline of Ten Mile 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. 6. Construct a 5-foot wide detached concrete sidewalk on North Ten Mile Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 7. Construct the main entrance to the subdivision, West Wave Drive, on Ten Mile Road approximately 150-feet south of the north property line, as proposed. This roadway location has been approved through a modification of policy. 8. Construct West Wave Drive with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4- feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of- way plus the additional width of the median. 9. Construct anon-circular turnaround at the west end of West Wave Drive. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is locate. Submit a design of the turnaround for review and approval by District staff. 10. Construct a stub street to the north property line, as proposed, and 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) i • 1 1. 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. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of- way. 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with all of ACHD's Standard Requirements from their report dated December 19, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 17. That afire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 18. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2. SL 901.3 19. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 20. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 21. All access roads radii shall be 28' inside and 48' outside radius, this includes the entry off of Ten Mile Road, and the entry into each private FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) s ~ common drive. 22. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 23. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 24. The units shall be individually addressed with 6" numbers. 25. The 20' private common drive shall be posted "No Parking Fire Lane" 26. Provide a fire hydrant at the corner of Ten Mile and W. Ware Dr. 27. Post the end of W. Ware Dr. "No Parking Fire Lane". 28. Increase the street width of W. Ware to 37'. 10. 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. 9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) r ~ neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. The intended character of the Mixed Residential district is to allow for a variety of residential projects, including higher densities. It is also found that the proposed use will slightly increase traffic on the surrounding streets, but the proposed vehicular approaches to the property will not create an interference with the existing level of traffic. Additionally, it is also found that the site does have several large existing trees, and any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 12. It is found that the surrounding properties include the elementary school, rural residences and residential subdivisions. Valerie Heights Apartments was approved "kitty corner" to the project, but has never been actually developed. A future transit station is envisioned near the intersection of Ten Mile Road and the railroad, which is approximately 1/4 mile from the subject property. 13. It is found that the zoning of the subject real property as Medium Density Residential 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 Mixed FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) L.J Residential. 14. 14. 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: Goals Section: Goal 4, Goal 8 Economic Development Chapter: 3.1U, 3.2U Land Use Chapter: 2.1U, 2.4U Transportation Chapter: 1.19U, 1.14, 1.18, 1.19 Communitysign Chapter: 6.2U, 6.11 U 15. The property can be physically serviced with City water and sewer, since the applicant has extended 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) • 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. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section: Goa14, Goal 8 Economic Development Chapter: 3.1U, 3.2U Land Use Chapter: 2.1U, 2.4U Transportation Chapter: 1.19U, 1.14, 1.18, 1.19 Communit~gn Chapter: 6.2U, 6.11 U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) C~ • exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Cites Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. 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 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) 1. The applicant's request for annexation and zoning of approximately 4.83 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 4.83 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 shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. If the legal description is not accurate, a new legal description shall be submitted. 2. If fill is added, existing grades shall be met at the property line, or provide proof to Public Worlcs and Building Department that a fill slope easement has been secured from the adjoining property owners. 3. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-0l -021) ~ ~ 4. A development agreement shall be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: 5. Dedicate 48-feet of right-of-way from the centerline of Ten Mile 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. 6. Construct a 5-foot wide detached concrete sidewalk on North Ten Mile Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 7. Construct the main entrance to the subdivision, West Wave Drive, on Ten Mile Road approximately 150-feet south of the north property line, as proposed. This roadway location has been approved through a modification of policy. 8. Construct West Wave Drive with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. 9. Construct anon-circular turnaround at the west end of West Wave Drive. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is locate. Submit a design of the turnaround for review and approval by District staff. 10. Construct a stub street to the north property line, as proposed, and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) ~ ~ for the stub street with District staff. 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. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of- way. 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with all of ACHD's Standard Requirements from their report dated December 19, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 17. That afire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 18. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2. & 901.3 19. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 20. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) ~ • 21. All access roads radii shall be 28' inside and 48' outside radius, this includes the entry off of Ten Mile Road, and the entry into each private common drive. 22. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 23. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 24. The units shall be individually addressed with 6" numbers. 25. The 20' private common drive shall be posted "No Parking Fire Lane". 26. Provide a fire hydrant at the corner of Ten Mile and W. Ware Dr. 27. Post the end of W. Ware Dr. "No Parking Fire Lane". 28. Increase the street width of W. Ware to 37'. 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 § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) C 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 § 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 l ~~ day of / ~~ ~2 G~- , 2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED fit, COUNCILWOMAN TAMMY deWEERD VOTED_Z~~~-- COUNCILWOMAN CHERIE Mc LANDLESS VOTED ~~ COUNCILMAN WILLIAM L.M. NARY VOTED_~~~~~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED "~ DATED: ~ ~ ~ ~' MOTION: APPROVE - ISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) • Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. 9G'~d-~x+,µ ae ~, ~: ~ ~ ~^, By: j;~~ Dated: ~~ l ~'0 ~ ;~ ,~ ~ ~ ,r;,, ~; ity Clerk ~ 's',° '~ ~ >~: Z:\Worlc\M\Meridian\Meridian 15360iV1\Berlceley Sq Sub AZOI-021 PPO1-022 CUPO1-040\AZFfCI&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O1-021) ~ ~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03/05/02 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR BERKELEY SQUARE SUBDIVISION, LOCATED AT 1025 NORTH TEN MILE ROAD, MERIDIAN, IDAHO Case No. PP-01-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: JONATHAN WARDLE, WARDLE Sz ASSOCIATES, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on March 5, 2002, and Shari Stiles, Planning and Zoning Administrator, and Jonathan Wardle of Wardle & Associates, appeared and testified, and the City Council having received a report from Steve Siddoway, Planner for Planning and Zoning, and Bruce Freclcleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT, BERKELEY SQUARE SUBDIVISION, A PLANNED DEVELOPMENT, A PORTION OF THE SE 1/4 OF THE NE 1/4, OF SEC. 10, T. 3N., R. 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2002," JONATHAN WARDLE, WARDLE SL ASSOCIATES, DEVELOPER, submitted for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BERKELEY SQUARE SUBDIVISION / (PP-O1-022) 1 preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Medium Density Residential District (R-8), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 D] 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 Engineering Technician FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BERKELEY SQUARE SUBDIVISION / (PP-O1-022) 2 • • III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 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 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, BERKELEY SQUARE SUBDIVISION, A PLANNED DEVELOPMENT, A PORTION OF THE SE 1/4 OF THE NE 1/4, OF SEC. 10, T. 3N., R. 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2002". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BERKELEY SQUARE SUBDIVISION / (PP-O1-022) 3 ., • "PRELIMINARY PLAT, BERKELEY SQUARE SUBDIVISION, A PLANNED DEVELOPMENT, A PORTION OF THE SE '/4 OF THE NE '/4, OF SEC. 10, T. 3N., R. 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2002", JONATHAN WARDLE, WARDLE SL ASSOCIATES, DEVELOPER is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer and water service to this site shall be via existing service lines from the existing mains adjacent to the property. 2. The stub street to the north shall be installed as submitted, in accordance with ACRD standards. 3. The conceptual landscape plan is in compliance with the requirements of the Meridian City Landscape Ordinance. A detailed landscape plan shall be submitted at the time of final plat submittal. 4. The applicant shall provide a letter from the Nampa-Meridian Irrigation District (NMID) that states that the NMID cannot service the proposed Berkley Square Subdivision or stating that the NMID can service the subdivision. The applicant shall be responsible to provide a detailed irrigation plan for the entire subdivision at the time of final plat submission. 5. The proposed four-foot wide detached sidewalks shall be installed as submitted if applicable. 6. Six-foot-tall perimeter fencing shall be installed around the entire project as proposed by the applicant. Details of fence construction are to be approved by the Meridian Building Inspector per City Ordinance. All fencing adjacent to the common area shall be a maximum of 4' high if FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BERKELEY SQUARE SUBDIVISION / (PP-O1-022) 4 sight-obscuring, as proposed by the applicant. The stub street to the north shall be fenced to prevent pedestrian or vehicle traffic to the north until the property to the north develops. Fencing details shall be submitted with the Final Plat application. 7. All of the required street buffer and open space landscaping shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. 8. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees shall not be considered as replacement trees for those trees that have to be removed. 9. Add a note on the plat indicating that the minimum residential house size is 1,301 square feet, excluding garage. 10. Correct the dimension called out as 24' to reflect 30' on Lots 2 and 7, Block 1. 11. Applicant shall provide cross easement access to all Lots. 12. Applicant shall obtain written approval from ACHD for the drainage off the 20-foot wide "Private Driveways" into the public street drainage. 13. The applicant shall revise the Plat to accommodate multi-story homes that have a minimum of 800 sq. ft. on the main level (MCC 11-10-4-D), without violating set back requirements. 14. That the shared driveway is a driveway and not a private street and therefore is not required to meet street construction specifications. 15. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Malce any corrections necessary to conform. 16. Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BERKELEY SQUARE SUBDIVISION / (PP-O1-022) 5 ~ ~ 17. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 18. One-hundred-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 19. 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 should 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 Worlcs Department. 20. Any existing domestic wells and/or septic systems within this project shall have to 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. Adopt the Recommendations of ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Ten Mile 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. The right-of-way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 2. Construct a 5-foot wide detached concrete sidewalk on North Ten Mile Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 3. Construct the main entrance to the subdivision, West Wave Drive, on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BERKELEY SQUARE SUBDIVISION / (PP-O1-022) 6 Ten Mile Road approximately 150-feet south of the north property line, as proposed. This roadway location has been approved through a modification of policy. 4. Construct West Wave Drive with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4- feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of- way plus the additional width of the median. 5. Construct anon-circular turnaround at the west end of West Wave Drive. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is locate. Submit a design of the turnaround for review and approval by District staff. 6. Construct a stub street to the north property line, as proposed, and 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. 7. 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. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 9. Any existing irrigation facilities shall be relocated outside of the right- of-way. 10. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 11. Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BERKELEY SQUARE SUBDIVISION / (PP-O1-022) 7 ~~ final plat. 12. Comply with all of ACHD's conditions listed in their letter dated January 25, 2002, and with all the Standard Requirements listed in their report dated January 9, 2002. Adopt the Recommendation of the Nainpa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. 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. Adopt the Recommendations of the Meridian Fire Department as follows: That afire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2. ~ 901.3 3. Acceptance of the water supply for fire protection will be by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BERKELEY SQUARE SUBDIVISION / (PP-O1-022) 8 • • Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All access roads radii shall be 28' inside and 48' outside radius, this includes the entry off of Ten Mile Road, and the entry into each private common drive. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 8. The units shall be individually addressed with 6" numbers. 9. The 20' private common drive shall be posted "No Parking Fire Lane". 10. Provide a fire hydrant at the corner of Ten Mile and W. Ware Dr. 11. Post the end of W. Ware Dr. "No Parking Fire Lane". 12. Increase the street width of W. Ware to 37'. By action of the City Council at its regular meeting held on the _~~~ day of /~ l!/L GI2~ , 2002 . ROLL CALL COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED__~~°`-- VOTED-~~~e~L- VOTED_~~~~- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BERKELEY SQUARE SUBDIVISION / (PP-O1-022) 9 COUNCILMAN NARY w VOTED ~~ ~_ MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) Copy served upon Applicant, The Planning and Zoning Department, *,, ,, Public Works Department and City Attorney. ~'`'`' u, ~„ , . .' fir' p~;~~ x By: Dated: ~~i//`'~ ~ 1 .~;:.. ~ City Clerk ~. ;y,,, ~, ~ . ~ ,:_ Z:\Worlc\M\Meridian\Meridian 15360M\Bedceley Sq Sub AZOI-021 PPO1-022 CUPO1-040\FfClsord~ij~~~ "= s n ' ~a ... -w' ~= FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BERKELEY SQUARE SUBDIVISION / (PP-O1-022) 10 ,~ ~~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/Cog/o5/oa IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR BERKELEY SQUARE SUBDIVISION IN AN R-8 ZONE, LOCATED AT io25 NORTH TEN MILE ROAD, MERIDIAN, IDAHO Case No. CUP-of-o4o FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTITONAL USE PERMIT JONATHAN WARDLE, WARDLE & ASSOCIATES, APPLICANT The above entitled conditional use permit application having come before the City Council on February i9, 2002 and continued until March 5, 2002, at the hour of 6:3o p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, and Jonathan Wardle of Wardle & Associates, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GIi-ANTING CONDITIONAL USE PERMIT - ~ FINDINGS OF FACT i. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 1g, 2002 and continued until March 5, 2002, 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 (i5) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February ~9, aoo2 and continued until March 5, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §6~-6509, 6512, and Meridian City Code §§ ~1-15-~ and ii-~~-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and b3' reason of the provisions of the Meridian City Code § 1i-~~-4, a public hearing was required before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GIi-ANTING CONDITIONAL USE PERMIT - 2 the City Council on this application. 4. The property is located at io25 North Ten Mile Road, Meridian, Idaho. 5. The owner of record of the subject property is Jake Centers, Meridian, Idaho. 6. Applicant is Jonathan Wardle of Wardle & Associates of Boise, Idaho. ~. The subject property is currently zoned RUT by Ada County. However, there is a current application before the City Council for annexation and zoning to R-8. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section ~~-~-2. 8. The proposed application requests a conditional use permit for development of 85 single family dwellings and i5 other lots. The R-8 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section ~i-8-~). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. io. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. ~~. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles ~~ and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAI~TTING CONDITIONAL USE PERMIT - g Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ~. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All common area landscaping shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. 3. The micro-path shall be installed as submitted. 4. All the Recommendations of ACHD, Central District Health, Nampa and Meridian Irrigation District and Meridian Fire Department, contained in the Preliminary Plat (PP-of-o22) and Annexation and Zoning documents (AZ-oi- 021) also apply to the conditional use permit. ~3. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping, and other features as maybe required by this ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features. i4. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION AND ORDER G~tANTING CONDITIONAL USE PERMIT - 4 • Ordinance; it is found that the current Comprehensive Plan Land Use Map designate, the property as "Mixed Residential". The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan, The design shall comply with the requirements of City Ordinance. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, and reduced side yard setbacks. ~5. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character o the same area; it is found that the street design shall be modified to provide connectivity to adjacent parcels in order to be compatible with the intended character of the area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. i~. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services. i8. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 ~ ~ 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance; that any existing trees greater than 4~ caliper shall be retained or mitigated for, if removed. CONCLUSIONS OF LAW ~. 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 6~, Idaho Code (I.C. §6~-6503). a. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 6~- 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. g. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § it-i~-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as maybe required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d, That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - ~ • which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300 of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § ~~- ~~-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter ~5 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Cpmprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 1i-~~-6) ~. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 i a. Minimize adverse impact on other development; b. Control the sequence and timing of development; c. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993 Ord• 629, January 4~ 1994 and Maps. DECLSION AND ORDER GIi:ANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for 35 single family dwellings and 15 other lots in an R-8 zone located at io25 North Ten Mile Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GIi:ANTING CONDITIONAL USE PERMIT - g ~ ~ 2. All common area landscaping shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. 3. The micro-path shall be installed as submitted. 4. All the Recommendations of ACHD, Central District Health, Nampa and Meridian Irrigation District and Meridian Fire Department, contained in the Preliminary Plat (PP-of-o22) and Annexation and Zoning documents (AZ-oi- o2i) also apply to the conditional use permit. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § ~~.-~~-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Deparhnent, the Public Works Department and any affected party requesting notice. 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 § 6~-652 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 6~, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - to By action of the City Council at its regular meeting held on the day of ~~~~ , 2002. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY DE WEERD COUNCILWOMAN CHERIE Mc LANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED VOTED__6~`-_ VOTED VOTED ._. MAYOR ROBERT D. CORRIE (TIE BRF.AKER)VOTED DATED: ~ -l9-OZ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and tZoning Department, Public Works +r,.~. Department and the City Attorney. . ~ ~. ~ ~ ~" 'r ~ ~: ~ y By: ~p ~. City Clerk ' v U`~ "`~~"'~"' ~s ~`a .rr 'd a~• -,~ ~~ .?'~ ~~ Z:\Work\M\Meridian\Meridian ~536oM\Bexkeley 5q Sub tom. C#~.-o2i ,I>~'~-~~~tTPoi~-o4o\FfC1sCUPoi-o4o,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION AND ORDER GRANTING CONDTITONAL USE PERMIT - ~~ • • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MONVAND ENTERPRISES, LLC, FOR A CONDITIONAL USE PERMIT FORA 120 CHILD/CHILD CARE CENTER IN AN L-O ZONE, LOCATED WITHIN THE STOI~ESBERRY SUBDIVISION, ON THE WEST SIDE OF EAGLE ROAD APPROXIMATELY '/z MILE NORTH OF FAIRVIEW AVENUE, MERIDIAN, IDAHO C/C 03-05-02 Case No. CUP-01-042 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on March 5, 2002, and Shari Stiles, Planning and Zoning Administrator, and Larry I<nopp, appeared and testified, and no one appearing in opposition, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 1VIONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-01-042 ) - 1 • • FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 5, 2002, 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 hearings 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 said March 5, 2002, 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 evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-01-042) - 2 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located within the Stolcesberry Subdivision, on the west side of Eagle Road approximately '/z mile north of Fairview Avneue, Meridian, Idaho. 5. The owner of record of the subject property is Monvand Enterprises, LLC of Meridian, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for development of a Child Care Center for 120 children. The L-O zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 1VIONVAND ENTERPRISES, LLC / DREAIVILAND EDUCATION CENTER (CUP-O1-042) - 3 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. That the Applicant/Owner, Monvand Enterprises, LLC, is granted a conditional use permit for development of a Child Care Center for 120 children, located within the Stokesberry Subdivision, on the west side of Eagle Road approximately 1/2 mile north of Fairview Avenue, Meridian, Idaho. The requested conditional use is described in the Transmittal sheet which is on file in the Meridian City Clerk's office, for the development of the aforementioned project, and said property description is on file in the Meridian City Clerk's office. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-O1-042) _ 4 n U • providing services to the subject real property within the planning jurisdiction of the City of Meridian, said Conditions shall be required as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer and water to this facility shall be via existing service lines adjacent to the property that was installed for Lot 8. If the lot line adjustment is approved, the new Lot 7 (north half) shall not have any sanitary sewer and water services, as those intended for Lot 7 shall be inside the Dreamland parcel. Provisions shall be made within the Dreamland design to allow access for the north remainder parcel to the sanitary sewer and water services intended for Lot 7. 2. Parking: Daycare centers are required under the Off-Street Parking Ordinance (11- 13) to provide one (1) space for every ten (10) children, plus one (1) space per staff member. At the proposed number of 120 children and 9 staff members, a minimum of 21 off-street parking stalls shall be required (assuming 12 for children and 9 for staff -however, the number of staff could increase, depending on the ages of children at the center), the applicant has provided 23 spaces. All stalls shall be striped and improved in accordance with city ordinances. Across access easement shall be recorded for the common driveway/parking area. 3. A lot line adjustment shall be approved by the City and recorded at the Recorder's Office prior to the issuance of a building permit for this project. 4. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Department and Planning & Zoning Department. 5. A six-foot tall, non-sight obscuring fence, with a lockable gate, shall be required around the entire perimeter of the children's play area. 6. Applicant shall obtain and continuously maintain achild-care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide copy of license to the City of Meridian at the time of P&Z Department's FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-01-042) _ 5 • C.O. inspection. The operator's license shall be on-site for City inspection at all times. 7. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a Childcare Center. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. 8. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. 9. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 10. A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site within each lot. 11. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11- 13-4.C. 12. All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 13. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-O1-042) - 6 15. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 16. If the start of construction has not been initiated within 18 months from the approval of the Conditional Use Permit the permit shall be voided by the City. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The facility shall comply with State Fire Marshal's standards for family day care facility and shall be inspected by the Fire Department using this standard. 2. The address shall be posted in 6" numbers on the front of the building. Adopt the Recommendations of the ACHD as follows: Dedicate 33-feet of right-of-way for the new collector road along the south property line of the site 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. 2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3. The Eagle Road Access Study identified that the new east-west collector street located 2640-feet north of Fairview Avenue will be restricted to right-in/right- out operation as traffic volumes on Eagle Road increased. 4. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-01-042) _ 7 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Construct a 5-foot wide concrete sidewalk on new the east/west collector street abutting the parcel prior to District approval of a final plat. The sidewalk shall be located two feet within the new right-of--way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. 7. Construct the new commercial street as a 40-foot street sections with curb gutter, and 5-foot wide concrete sidewalks within 58-feet of right-of-way, located as proposed 320-feet. 8. Locate driveways off the new commercial street a minimum of 50-feet north of the collector roadway. Construct the driveways as 24 to 30-foot wide curb cuts and paved their full width to a point 30-feet beyond the edge of pavement of the commercial street. 9. Construct an ACRD approved turnaround with a 45-foot radius at the north end of the new north-south street. Submit a design of the turnaround for review and approval by District staff. 10. No access points to Eagle Road have been proposed and none are approved with this application. 11. No access points to the new east-west street have been proposed and none are approved with this application. 12. Additionally, comply with the ACHD's Standard Requirements, and listed in their memo dated December 20, 2001. Adopt the Recommendations of the Sanitary Service as follows: The enclosure for waste service shall be 10' for inside the gate post for clearance and a 60' clearance for the drive shall be required. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 1VIONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-OI-042) - 8 • 1. All storm drainage shall be retained on site, if any storm drainage leaves the site a Land Use Change application shall be required by the Nampa SL Meridian Irrigation District. 13. The proposed use 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. 14. The uses proposed within the subject application will be subject to the conditions set forth in Finding of Fact No. 12 and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity; it is found that the subject property is large enough to accommodate the requested use and all other required features, if a lot line adjustment is recorded prior to start of construction. 15. The use proposed and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Single Family Residential", however, when the property was annexed it was designated as L-O, and this designation was found to be harmonious with the Comprehensive Plan. The proposed use is considered a permitted use (MCC Title 11-8-1), but this project must be approved as a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 1VIONVAND ENTERPRISES, LLC / DREAIVILAND EDUCATION CENTER (CUP-01-042) - 9 ~ ~ conditional use permit in order to comply with a condition of the Development Agreement that governs the property. 16. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; it is found that the proposed development will not change the essential character of the general vicinity and will be harmonious with the intended character of the same area. It is also found that the design of the building is in compliance with the previously approved CUP requirements. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; it is found that the proposed development will be adequately served by the essential public facilities and services listed above. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; it is found that the proposed use would not be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-O1-042) - 10 • • detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operations that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance, it is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. 22. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-01-042) - 11 * ~ 1. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-O1-042) - 12 ~ ~ processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant/Owner, Monvand Enterprises, LLC of the property, is granted a conditional use permit for development of a Child Care Center for 120 children, located within Stolcesberry Subdivision, on the west side of Eagle Road approximately '/2 mile north of Fairview Avenue, Meridian, Idaho. The requested conditional use is described in the Transmittal sheet which is on file in the Meridian City Clerk's office, for the development of the aforementioned project, and said property description is on file in the Meridian City Clerk's office. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-O1-042) - 13 • • 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer and water to this facility shall be via existing service lines adjacent to the property that was installed for Lot 8. If the lot line adjustment is approved, the new Lot 7 (north half) shall not have any sanitary sewer and water services, as those intended for Lot 7 shall be inside the Dreamland parcel. Provisions shall be made within the Dreamland design to allow access for the north remainder parcel to the sanitary sewer and water services intended for Lot 7. 2. Parkin: Daycare centers are required under the Off-Street Parking Ordinance (11- 13) to provide one (1) space for every ten (10) children, plus one (1) space per staff member. At the proposed number of 120 children and 9 staff members, a minimum of 21 off-street parking stalls shall be required (assuming 12 for children and 9 for staff -however, the number of staff could increase, depending on the ages of children at the center), the applicant has provided 23 spaces. All stalls shall be striped and improved in accordance with city ordinances. Across access easement shall be recorded for the common driveway/parking area. 3. A lot line adjustment shall be approved by the City and recorded at the Recorder's Office prior to the issuance of a building permit for this project. 4. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Department and Planning & Zoning Department. 5. A six-foot tall, non-sight obscuring fence, with a lockable gate, shall be required around the entire perimeter of the children's play area. 6. Applicant shall obtain and continuously maintain achild-care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide copy of license to the City of Meridian at the time of P&Z Department's C.O. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-O1-042) - 14 i • inspection. The operator's license shall be on-site for City inspection at all times. 7. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a Childcare Center. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. 8. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. 9. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 10.A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site within each lot. l l.0utside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11- 13-4.C. 12.A11 outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning Sz Zoning Department prior to applying for building permits. 13.A11 signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 14.A11 construction shall conform to the requirements of the Americans with Disabilities Act. 15.In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-O1-042) - 15 hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 16.If the start of construction has not been initiated within 18 months from the approval of the Conditional Use Permit the permit shall be voided by the City. Adopt the Recommendations of the Meridian Fire Department as follows: The facility shall comply with State Fire Marshal's standards for family day care facility and shall be inspected by the Fire Department using this standard. 2. The address shall be posted in 6" numbers on the front of the building. Adopt the Recommendations of the ACRD as follows: Dedicate 33-feet of right-of-way for the new collector road along the south property line of the site 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. 2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3. The Eagle Road Access Study identified that the new east-west collector street located 2640-feet north of Fairview Avenue will be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. 4. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-01-042) - 16 • 6. Construct a 5-foot wide concrete sidewalk on new the east/west collector street abutting the parcel prior to District approval of a final plat. The sidewalk shall be located two feet within the new right-of-way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. 7. Construct the new commercial street as a 40-foot street sections with curb gutter, and 5-foot wide concrete sidewalks within 58-feet of right-of-way, located as proposed 320-feet. 8. Locate driveways off the new commercial street a minimum of 50-feet north of the collector roadway. Construct the driveways as 24 to 30-foot wide curb cuts and paved their full width to a point 30-feet beyond the edge of pavement of the commercial street. 9. Construct an ACHD approved turnaround with a 45-foot radius at the north end of the new north-south street. Submit a design of the turnaround for review and approval by District staff. lO.No access points to Eagle Road have been proposed and none are approved with this application. 11.No access points to the new east-west street have been proposed and none are approved with this application. 12.Additionally, comply with the ACHD's Standard Requirements, and listed in their memo dated December 20, 2001. Adopt the Recommendations of the Sanitary Service as follows: 1. The enclosure for waste service shall be 10' for inside the gate post for clearance and a 60' clearance for the drive shall be required. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-O1-042) - 17 • 1. All storm drainage shall be retained on site, if any storm drainage leaves the site a Land Use Change application shall be required by the Nampa SL Meridian Irrigation District. 3. 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 Clerlc and then a copy served by the Clerlc upon the applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney and any affected party requested notice. 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 § 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 inay within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~~~ day of ~~/L C~ , 2002. ROLL CALL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-01-042) - 18 • COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~ _ ~9~~~ VOTED ~- VOTED_~,~~~ VOTED_ i/~~~- VOTED__~~i%t~ VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. ~,~~~, Ati ~ ~ ~ '1 :,25~~ ~ ~~n N ~~wr a s. ~ ~ ~ ~,~ V ,,Fl / 3 By. ~ Dated: ~~ ~~ ~%' ~ ~, , ~' . ity Cleric ~ ,~, ~~ ~„ ~~, a Z:\Worlc\Nl\Meridian\Meridian 15360M\Dreamland Education Cntr CUPO1-042\CUPFfCIsOrdDec01042.doc •"~~,~~~'~' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 1VIONVAND ENTERPRISES, LLC /DREAMLAND EDUCATION CENTER (CUP-01-042) - 19 s ~ BEFORE THE MERIDIAN CITY COUNCIL C/C 03-05-02 IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP-01-042 MONVAND ENTERPRISES, LLC, FORA ) CONDITIONAL USE PERMIT FORA 120 ) ORDER OF CHILD/CHILD CARE CENTER, LOCATED ) CONDITIONAL WITHIN THE STOI~ESBERRY SUBDIVISION,) APPROVAL OF ON THE WEST SIDE OF EAGLE ROAD ) CONDITIONAL USE APPROXIMATELY 1/2 MILE NORTH OF ) PERMIT FAIRVIEW AVENUE, MERIDIAN, IDHAO ) This matter coming before the City Council on the 5TH day of March, 2002, 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: 1. That the Applicant/Owner, Monvand Enterprises, LLC of the property, is granted a conditional use permit for development of a Child Care Center for 120 children, located within Stolcesberry Subdivision, on the west side of Eagle Road approximately 1/2 mile north of Fairview Avenue, Meridian, Idaho. The requested conditional use is described in the Transmittal sheet which is on file in the Meridian City Clerk's office, for the development of the aforementioned project, and said property description is on file in the Meridian City Clerk's office. 2. That the above named applicant is granted a conditional use permit for development of a Child Care Center for 120 children, located within Stolcesberry Subdivision, on the west side of Eagle Road approximately 1/2 mile north of Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4 MONVAND ENTERPRISES, LLC - DREAMLAND EDUCATION CENTER / (CUP-01-042) Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer and water to this facility shall be via existing service lines adjacent to the property that was installed for Lot 8. If the lot line adjustment is approved, the new Lot 7 (north half) shall not have any sanitary sewer and water services, as those intended for Lot 7 shall be inside the Dreamland parcel. Provisions shall be made within the Dreamland design to allow access for the north remainder parcel to the sanitary sewer and water services intended for Lot 7. 2. Parkin: Daycare centers are required under the Off-Street Parking Ordinance (11- 13) to provide one (1) space for every ten (10) children, plus one (1) space per staff member. At the proposed number of 120 children and 9 staff members, a minimum of 21 off-street parking stalls shall be required (assuming 12 for children and 9 for staff -however, the number of staff could increase, depending on the ages of children at the center), the applicant has provided 23 spaces. All stalls shall be striped and improved in accordance with city ordinances. Across access easement shall be recorded for the common driveway/parking area. 3. A lot line adjustment shall be approved by the City and recorded at the Recorder's Office prior to the issuance of a building permit for this project. 4. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Department and Planning SL Zoning Department. 5. A six-foot tall, non-sight obscuring fence, with a lockable gate, shall be required around the entire perimeter of the children's play area. 6. Applicant shall obtain and continuously maintain achild-care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide copy of license to the City of Meridian at the time of P&Z Department's C.O. inspection. The operator's license shall be on-site for City inspection at all times. 7. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a Childcare Center. The conditional use permit shall be subject to ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4 MONVAND ENTERPRISES, LLC - DREAMLAND EDUCATION CENTER / (CUP-01-042) review upon ten (10) days notice to the applicant. 8. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. 9. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 10. A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site within each lot. 11. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11- 13-4.C. 12. All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning SL Zoning Department prior to applying for building permits. 13. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 14. All construction shall conform to the requirements of the Americans with Disabilities Act. 15. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 4 MONVAND ENTERPRISES, LLC - DREAMLAND EDUCATION CENTER / (CUP-01-042) s 16. If the start of construction has not been initiated within 18 months from the approval of the Conditional Use Permit the permit shall be voided by the City. Adopt the Recommendations of the Meridian Fire Department as follows: The facility shall comply with State Fire Marshal's standards for family day care facility and shall be inspected by the Fire Department using this standard. 2. The address shall be posted in 6" numbers on the front of the building. Adopt the Recommendations of the ACHD as follows: Dedicate 33-feet of right-of-way for the new collector road along the south property line of the site 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. 2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3. The Eagle Road Access Study identified that the new east-west collector street located 2640-feet north of Fairview Avenue will be restricted to right-in/right- out operation as traffic volumes on Eagle Road increased. 4. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Construct a 5-foot wide concrete sidewalk on new the east/west collector street abutting the parcel prior to District approval of a final plat. The sidewalk shall be located two feet within the new right-of-way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 4 MONVAND ENTERPRISES, LLC - DREAMLAND EDUCATION CENTER / (CUP-O1-042) 7. Construct the new commercial street as a 40-foot street sections with curb gutter, and 5-foot wide concrete sidewalks within 58-feet of right-of-way, located as proposed 320-feet. 8. Locate driveways off the new commercial street a minimum of 50-feet north of the collector roadway. Construct the driveways as 24 to 30-foot wide curb cuts and paved their full width to a point 30-feet beyond the edge of pavement of the commercial street. 9. Construct an ACRD approved turnaround with a 45-foot radius at the north end of the new north-south street. Submit a design of the turnaround for review and approval by District staff. 10. No access points to Eagle Road have been proposed and none are approved with this application. 11. No access points to the new east-west street have been proposed and none are approved with this application. 12. Additionally, comply with the ACHD's Standard Requirements, and listed in their memo dated December 20, 2001. Adopt the Recommendations of the Sanitary Service as follows: The enclosure for waste service shall be 10' for inside the gate post for clearance and a 60' clearance for the drive shall be required. Adopt the Recommendations of the Nampa Sz Meridian Irrigation District as follows: All storm drainage shall be retained on site, if any storm drainage leaves the site a Land Use Change application shall be required by the Nampa & Meridian Irrigation District. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 4 MONVAND ENTERPRISES, LLC - DREAMLAND EDUCATION CENTER / (CUP-01-042) ~ ~ 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~~~day of 2002. D. Corrie, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. ~~:!e.=.~ By: Dated City Clerk '~/~-©~ Z:\Work\M\Meridian\Meridian 15360M\Dreamland Education Cntr CUPO1-042\CUPOrder.doc ~~~ ~;. ~~ i~ .'t_ '.2 1:'.,x,7 ik.+.n. ~. w ~~ A, y ~ ~~ ~ Y ~~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 4 MONVAND ENTERPRISES, LLC - DREAMLAND EDUCATION CENTER / (CUP-O1-042) • • BEFORE THE MERIDIAN CITY COUNCIL C/C 03-05-02 IN THE MATTER OF THE APPLICATION OF ROBERT LEE, THE APPLICATION FOR ANNEXATION AND ZONING OF 2.30 ACRES FOR PROPOSED HEARTHSTONE SUBDIVISION, LOCATED AT THE SOUTHEAST CORNER OF W. CHERRY LANE AND N. BLACK CAT ROAD, MERIDIAN, IDAHO Case No. AZ-O1-026 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 March 5, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Brad Watson, City Engineer, Matt Munger, and Jim Jewett, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore snakes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-O1-026) and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 2.30 acres in size, is located at the southeast corner of W. Cherry Lane and N. Black Cat Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owners of record of the subject property are George and Mildred Davis of Meridian, Idaho; and the applicant is Robert Lee of Boise, Idaho. 5. The property is presently zoned R-1, and consists of a single family residence and associated buildings and farm animals. 6. The Applicant requests the property be zoned as R-4, with the intent to develop and construct 2 building lots for a proposed residential development known as Hearthstone Subdivision, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as "Existing Urban". FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-O1-026) 7. The subject property is bordered to the north by Golf View Subdivision, and to the south, east and west by Ada County properties. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The City Council recognizes the comments from Linda Ward. 10. 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: 1. Essential City services are available to the subject property with the exception of sanitary sewer. The sanitary sewer main that potentially could serve this subdivision would have to be extended from the intersection of Cherry Lane and Interlachen Way. A septic system, in accordance with Central District Health requirements, may be allowed as a temporary solution until a sanitary sewer main is extended from the east to provide service to this area. Applicant shall make provisions in their design to transition over to a future City sewer system when and if it's available to the east. 2. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517 when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) i ~ 3. The existing commercial sign advertising "George Davis Construction" shall be removed prior to the publication of the annexation ordinance. Commercial signs are prohibited within the proposed R-4 zone. 4. All "Home Occupations", if any exist within the property to be annexed, shall conform with the requirements of the City of Meridian prior to the publication of the annexation ordinance. 5. A development agreement shall not be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: 1. The existing access points on Cherry Lane located approximately 10-feet west of the east property line of the proposed Lot 1, and at the west property line of the proposed Lot 1, are approved with this application. Upon redevelopment of Lot 1 (redevelopment defined as a structure requiring a building permit, other than a shed or garage) the easterly driveway shall be closed, and the existing driveway at the west property line of Lot 1 shall be approved as the only access to the lot from Cherry Lane. An on-site turnaround shall be required at that time to prevent the need to back into Cherry Lane from the site, and the design of the turnaround shall be approved by ACRD. Should the property to the east construct a public street along the east property line of this site, then when the parcel redevelops (Lot 1), no access to Cherry Lane will be approved and all access should be taken off of the local public street. Notes of these requirements shall be included on the final plat. 2. Replace the unused curb cut on Cherry Lane located at the east property line of the proposed Lot 2, with standard curb, gutter and concrete sidewalk to match existing improvements. 3. The existing westerly part of the circle driveway on Cherry Lane located at the west property line of the proposed Lot 1 is approved with this application at staff level, as a modification of policy for its location. 4. Replace any damaged curb, gutter, and/or sidewalk on Cherry Lane to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) 5. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 6. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 7. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 8. The applicant should provide the District with a copy of a recorded access easement among the parcels for use of the private road for access to the public street prior to final plat approval. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Comply with ACHD's Standard Requirements (7) comments listed in their February 21, 2002 report. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow of 1,000 GPM as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project. 2. All corners will have to have 28' inside radius and 48' outside radius. 3. Operational fire hydrants are required before combustible construction begins. Adopt the Recommendations of Central District Health Dept as follows: 1. A full engineering report with accurate soils data is required. Ground water monitoring from June to October may be required on proposed Lot 2. The easement for the septic system on Lot 1 must be increased to accommodate replacement area of equal size and meet all required setbacks. Recommend connection to central sewer when available. To address this matter, written confirmation from the Central District Health Department shall be required. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) ! +~ 1 1. 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. 10, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 13. 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 Generalized Land Use Map which designates the subject property as "Existing Urban". It is found that the sewer services cannot be connected at the present time, and connection to the central sewer will be required when available. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-O1-026) 14. 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: Goals: Goal 4, Goal 8 Economic Development Chapter: 3.1U, 3.2U Land Use Chapter: 2.1U Transportation Chapter: 1.19U, 1.14 15. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; it is found that the property to be annexed will be served adequately by all essential public facilities and services, with the exception of sewer services. The sanitary sewer main that potentially could serve this subdivision would have to be extended from the intersection of Cherry Lane and Interlachen Way. Aseptic system, in accordance with Central District Health requirements, may be allowed as a temporary solution until a sanitary sewer main is extended from the east to provide service to this area, and a written confirmation from the Central District Health on this matter is FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-O1-026) required. -__J 16. The property can be physically serviced with City water. 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, Ord. 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: Goals: Goal 4, Goal 8 Economic Development Chapter: 3.1U, 3.2U FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) Land Use Chapter: 2.1U Transportation Chapter: 1.19U, 1.14 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at § 11-7-2 C. 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 id 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 with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. 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 2.30 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 2.30 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 shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) ~ ! as follows: 1. Essential City services are available to the subject property with the exception of sanitary sewer. The sanitary sewer main that potentially could serve this subdivision would have to be extended from the intersection of Cherry Lane and Interlachen Way. A septic system, in accordance with Central District Health requirements, may be allowed as a temporary solution until a sanitary sewer main is extended from the east to provide service to this area. Applicant shall make provisions in their design to transition over to a future City sewer system when and if it's available to the east. 2. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517 when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. The existing commercial sign advertising "George Davis Construction" shall be removed prior to the publication of the annexation ordinance. Commercial signs are prohibited within the proposed R-4 zone. 4. All "Home Occupations", if any exist within the property to be annexed, shall conform with the requirements of the City of Meridian prior to the publication of the annexation ordinance. 5. A development agreement shall not be required as part of this annexation request. Adopt the Recommendations of the ACRD as follows: 1. The existing access points on Cherry Lane located approximately 10-feet west of the east property line of the proposed Lot 1, and at the west property line of the proposed Lot 1, are approved with this application. Upon redevelopment of Lot 1 (redevelopment defined as a structure requiring a building permit, other than a shed or garage) the easterly driveway shall be closed, and the existing driveway at the west property line of Lot 1 shall be approved as the only access to the lot from Cherry Lane. An on-site turnaround shall be required at that time to prevent the need to back into Cherry Lane from the site, and the design of the turnaround shall be approved by ACRD. Should the property to the east construct a public street along the east property line of this site, then when the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) • parcel redevelops (Lot 1), no access to Cherry Lane will be approved and all access should be taken off of the local public street. Notes of these requirements shall be included on the final plat. 2. Replace the unused curb cut on Cherry Lane located at the east property line of the proposed Lot 2, with standard curb, gutter and concrete sidewalk to match existing improvements. 3. The existing westerly part of the circle driveway on Cherry Lane located at the west property line of the proposed Lot 1 is approved with this application at staff level, as a modification of policy for its location. 4. Replace any damaged curb, gutter, and/or sidewalk on Cherry Lane to match existing improvements. Segments to be replaced shall be determined by ACRD Construction Services staff. 5. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 6. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 7. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 8. The applicant should provide the District with a copy of a recorded access easement among the parcels for use of the private road for access to the public street prior to final plat approval. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 10. Comply with ACHD's Standard Requirements (7) comments listed in their February 21, 2002 report. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) • . Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow of 1,000 GPM as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project. 2. All corners will have to have 28' inside radius and 48' outside radius. 3. Operational fire hydrants are required before combustible construction begins. Adopt the Recommendations of Central District Health Dept as follows: 1. A full engineering report with accurate soils data is required. Ground water monitoring from June to October may be required on proposed Lot 2. The easement for the septic system on Lot 1 must be increased to accommodate replacement area of equal size and meet all required setbacks. Recommend connection to central sewer when available. To address this matter, written confirmation from the Central District Health Department shall be required. 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 § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) • NOTICE OF FINAL ACTION Please take notgce that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 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 ~ day of /`/ / ~(~ , 2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED ~- COUNCILWOMAN TAMMY deWEERD VOTED_~~~~ COUNCILWOMAN CHERIE Mc LANDLESS VOTED_ +~~G~.- COUNCILMAN WILLIAM L.M. NARY VOTED_ (~~~- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~'l ~~ ~ Z MOTION: APPROVE ~ ------DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) s • Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. w~uY ity Clerk ra~ ~ ~~ ~~++ ~. Dated: ~ G ~'~~ ~~~'~. \\204.229.127.194\SERVERZ\Work\M\Meridian\Meridian 15360M\Hearthstone 009\AZFfCl&Order01026. doc -. n.~ ~~ "`. ~c..~m<:i 1 ~ ,`rye ~' Sr~b ~!~ ~~~~`~ +~~FPfJ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HEARTHSTONE SUBDIVISION (AZ-01-026) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 03-05-02 IN THE MATTER OF THE REQUEST FOR PRELIMINARY/FINAL PLAT FOR HEARTHSTONE SUBDIVISION CONSISTING OF 2.30 ACRES IN AN R-4 ZONE, LOCATED AT THE SOUTHEAST CORNER OF W. CHERRY LANE AND N. BLACK CAT ROAD, MERIDIAN, IDAHO Case No. P/FP-01-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT BY: ROBERT LEE The above entitled matter coming on regularly for hearing before the City Council on March 5, 2002, and Shari Stiles, Planning and Zoning Administrator, Brad Watson, City Engineer, Matt Munger, and Jim Jewett, appeared and testified at the hearing, and the City Council having received a report from Bruce Freclcleton, Engineering Technician III, and David McKinnon, Planner II for the Planning and Zoning Department, 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 Plat Drawing described as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE / (PFP-O1-009) -1 n follows, "PLAT SHOWING HEARTHSTONE SUBDIVISION, LOCATED IN THE NE 1/4 OF THE NW ~/4 OF SECTION 10, T. 3N., R. 1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2002, RUBBLE ENGINEERING, INC. MERIDIAN, IDAHO, O 1-202-00, SHEET 1 OF 2, HANDWRITTEN DATE: 10-11-01 ", submitted for preliminary/final plat approval and which preliminary/final plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes 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, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned R-4 Low Density Residential District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 C.] 2a 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE / (PFP-O1-009) - 2 and conditions hereinafter set forth as conditions of preliminary plat approval, except written confirmation from the Central District Health Department is required pertaining to the septic system permit on the second lot until the sewer system is made available. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III are met there will be public financial capability of supporting services for the proposed 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 of the preliminary plat as hereinafter set forth. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE / (PFP-O1-009) - 3 • IT IS HEREBY ORDERED AND THIS DOES ORDER The Final Plat of the applicant as evidenced by "PLAT SHOWING HEARTHSTONE SUBDIVISION, LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 10, T. 3N., R. 1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2002, HUBBLE ENGINEERING, INC. MERIDIAN, IDAHO, O 1-202-00, SHEET 1 OF 2, HANDWRITTEN DATE: 10-11-01 ", submitted for preliminary/final plat. 1. The conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from David McKinnon, Planner II for Planning and Zoning, and Bruce Freclcleton, Engineering Technician III, dated January 18, 2002, listing 8 Site Specific Comments and 5 General Comments, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of seven pages, and by this reference incorporated herein, with the additional requirements from the City Council at their meeting of March 5, 2002, and the requirements are as follows, to- wit: Adopt the Recommendations of the ACHD as follows: 1. The existing access points on Cherry Lane located approximately 10-feet west of the east property line of the proposed Lot 1, and at the west property line of the proposed Lot 1, are approved with this application. Upon redevelopment of Lot 1 (redevelopment defined as a structure requiring a building permit, other than a shed or garage) the easterly driveway shall be closed, and the existing driveway at the west property line of Lot 1 shall be approved as the only access to the lot from Cherry Lane. An on-site turnaround shall be required at that time to prevent the need to back into Cherry Lane from the site, and the design of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE / (PFP-O1-009) - 4 turnaround shall be approved by ACHD. Should the property to the east construct a public street along the east property line of this site, then when the parcel redevelops (Lot 1), no access to Cherry Lane will be approved and all access should be taken off of the local public street. Notes of these requirements shall be included on the final plat. 2. Replace the unused curb cut on Cherry Lane located at the east property line of the proposed Lot 2, with standard curb, gutter and concrete sidewalk to match existing improvements. 3. The existing westerly part of the circle driveway on Cherry Lane located at the west property line of the proposed Lot 1 is approved with this application at staff level, as a modification of policy for its location. 4. Replace any damaged curb, gutter, and/or sidewalk on Cherry Lane to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 5. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 6. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 7. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 8. The applicant should provide the District with a copy of a recorded access easement among the parcels for use of the private road for access to the public street prior to final plat approval. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE / (PFP-O1-009) - 5 Provide afire-flow of 1,000 GPM as required by the 1997 Uniform Fire Code Appendix III-A. Please show all proximity hydrants within 500' of the project. 2. All corners will have to have 28' inside radius and 48' outside radius. 3. Operational fire hydrants are required before combustible construction begins. Adopt the Recommendations of Central District Health Dept as follows: 1. A full engineering report with accurate soils data is required. Ground water monitoring from June to October may be required on proposed Lot 2. The easement for the septic system on Lot 1 must be increased to accommodate replacement area of equal size and meet all required setbacks. Recommend connection to central sewer when available. To address this matter, written confirmation from the Central District Health Department shall be required. 2. The final plat upon which there is contained the Certification and signature of the City Clerlc and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and By action of the City Council at its regular meeting held on the day of __~! L ~ti~~~ , 2002. By: D. CORRIE ty of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE / (PFP-O1-009) - 6 • Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. ,~~ x By• ~ Dated ~~l ~~~~ t°' ~''" City Clerlc ~~ ~"`~~' ~` ~, ~~ ~. ,., ~ ~ ~' "'a~~.,F,~~,< ~' Z:\Worlc\M\Meeidian\Meridian 15360N1\Hearthstone Sub AZO1-026 PFPO1-009\FinalPlatFfCls.doc x~~~ ~`~ ~ ~ ~ti; ,~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - HEARTHSTONE SUBDIVISION - BY: ROBERT LEE / (PFP-O1-009) -7 Robert D. Cwxrie ~ Ol ~1 ~.LJ_.IJL~ ~ wl ..ou--~ ~ i i-:~c .:oo-.~u i >iTY COCJNCIL ~~'~BERS PCBLIC \RORI~ 33 EAST IDAHO BLS-DEG DEP.•1R'I1dENC Ron:lndeison (.OS) 837-~11 • Fye 887-1297 lce~~ Bird LV~IEItlDIt1N, IDAHO 8361.2 Tammy de~~'eecd (208) 888-+F33 • F_~1Y (308) 887-1813 PL~v1v'G~IG t1ND ZONII~IG Cherie McCandless City Clctl: C~ce Fac (208) 888-4218 DEP_ARTI~IFNI' (r'OS) 881-1533 • FLY 888-6854 MEMORANDUM: January 18,72002 To: Mayor, City Council and Planning & Zoning Commission~~j ~ ~ ~ ~l ~~ From: David McKinnon, Planner II _ _~ ~~ 't "'rG'% j, :: L Bruce Freckleton, Senior Eng eering Tech CITY O F M E R I D I A N Re: Hearthstone Subdivision CITY CLERK OFFICE • Annexation and Zoning of 2.3 Acres from R-1 (Ada County) to R-4 (Low Density Residential District), by Robert Lee (File No. AZ-01-02~. • Preliminary and Final Plat Approval of Two Building Lots on 2.3 Acres in a Proposed R-4 Zone, by Robert Lee (File No. PFP-01-009). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Robert Lee, has applied for Annexation & Zoning, Preliminary Plat and Final Plat approval of 2 building lots on a 2.3-acre pazcel of land located on the south side of Cherry Lane, approximately 1/3 of a mile east of Black Cat Road. The property has an improved (asphalt) driveway that is located within an easement along the western boundary of Lot 2, which provides access to the property to the south, in addition to Lot 2. The requested zoning designation for the property is R-4. The existing house on the 2.3-acre parcel will remain on site. LOCATION The property is located on the south side of Cherry Lane, approximately 2,000 east of Black Cat Road. SURROUNDING PROPERTIES North: Golf View Subdivision, zoned R-4. South: A single family rural residential, zoned R-1 R-4, is located further to south. East: Rural Residential, zoned R-1 (County). West: Rural Residential, zoned R-2 (County). (County). Pazkside Creek Subdivision, zoned ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council aze required "to review the particular facts and circumstances AZ-01-026, PFP-01.009 HeartluW~rc Sub. AZPFP ~ ~ N N O 1'1drlIllil~ aG LOI11I1~ l,OIIlIn1SS10I1/1V1ayUC OL l.lly l..Ulllll:ll January 18, 2001 . Page 2 of each proposed zoning amendment in terms of the following standards and shall fmd adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested zoning designation, R-4, is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be "Existing Urban". B. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Surrounding properties include rural residential properties and residential subdivisions. Staff finds that the requested zoning designation of R-4 is harmonious with the existing and planned adjacent developments. C. Wilt the proposed uses 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; Staff finds that the proposed uses (single-family detached residential) will not change the existing or intended character of the area D. Will the proposed uses not be hazardous or disturbing to existing or future. neighboring uses; The Commission and Council should rely on public testimony to determine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed uses will be hazardous or disturbing to future or existing neighbors. E. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide, adequately any of such services; AZ-01-026, PFP -01-009 Hearthstone Sub.AZPFP ~~;I~'b%~ "/q'' ao~'7 Ylanrung 8i Zoning Commission/Mayor & City Council January 18, 2001 • . Page 3 Staff fords that the property to be annexed will be served adequately by all essential public facilities and services, with the exception of sewer services. The sanitary sewer main that potentially could serve this subdivision would have to be extended from the intersection of Cherry Lane and Interlachen Way. A septic system, in accordance with Central District Health requirements, may be allowed as a temporary solution until a sanitary sewer main is extended from the east to provide service to this area. 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; Staff finds that there will be not additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. G. Will the proposed uses 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; Staff finds that the proposed additional building lot will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. H. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the subdivision of the property will not create interference the existing traffic on Cherry Lane. I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff fords that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. However, the site does have several large existing trees. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Staff finds that the annexation of this property would be in the best interest of the City. AZ-0I-0?b,PFP-01-009 ` ,' I~ N ~O~ neSub.AZPFP ~~ I~ r lalulul~ ac. [.Ullul~ l.VL1ll111JJ1U[Ulvl2lyUl ot, L.lly l.Ulllllal . January 18, 2001 ~ • Page 4 ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits 2. The requested zoning of R-4 is compatible with City Comprehensive Plan. 3. The subject property is within the Urban Service Planning Area. Essential City services aze available to the subject property with the exception of sanitary sewer. The sanitary sewer main that potentially could serve this subdivision would have to be extended from the intersection of Cherry Lane and Interlachen Way. A septic system, in accordance with Central District Health requirements, may be allowed as a temporary solution until a sanitary sewer main is extended from the east to provide service to this area. Applicant shall make provisions in their design to transition over to a future City sewer system when and if it's available to the east. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517 when services aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. The existing commercial sign advertising "George Davis Construction" shall be removed prior to the publication of the annexation ordinance. Commercial signs aze prohibited within the proposed R-4 zone. 6. All "Home Occupations", if any exist within the property to be annexed, shall conform with the requirements of the City of Meridian prior to the publication of the annexation ordinance. 7. A development agreement will not be required as part of this annexation request. PRELIMINARY AND FINAL PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the omprehensive Development Plan; Staff finds the subdivision to be in conformanc~/with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; AZ-01-026, PFP -01-009 ~ ~ ~~ ,I ~Heanhsto~ro Sub.AZPFP -~,~, . y Planning & Zoning Co~ission/Mayor & City Council January 18, 2001 Page 5 Staff finds that public services can be e available to the lots within the proposed subdivision, provided changes as may required by the Public Works and Building Departments are made. c. The continuity of the proposed development with the capital improvement Prog~m~ Staff fords that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; i Staff fords th~# the development will not require major expenditures for providing supporting se~ices. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should` of be any other heahh, safety or environmental problems associated with this subdivis~ that may be brought to the Council or Commission's attention. \\ SITE SPECIFIC COMMENTS (prelimioarv/final slat) 1. Water service to this site shall be via service lines from the existing mains adjacent to the property. Sanitary sewer service via a septic system will be allowed as a temporary solution until such time as City sewer service is available. When sewer service is adjacent to the proposed subdivision, the applicant shall be responsible to extend service into his lot, and cease using his septic system. 2. Underground year-round pressurized irrigation must be provided to a111andscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Primary water supply connection to the City's mains will not be allowed without City Council approval Applicant shall be required to utilize any existing surface or well water for the primary source. 3. Landscaping shall be installed as submitted on the "Preliminary Landscape Plan" (date stamped Oct.l 1, 2001). The 35' wide landscape buffer located along Cherry Lane may be recorded as an easement instead of a common lot. 4. The required street buffer landscaping and irrigation shall be installed prior to the occupancy of any building constructed on Lot 2 of the proposed subdivision 5. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that AZ~I-0T6. PFP -01 X09 Hmllmfone Sub.AZPFP '~t./1~b ~~ N~ a~~ 'Planning & Zoning Co~sion/Mayor & City Council i January 18, 2001 ! Page 6 were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 6. Add a note on the plat indicating that the minimum residential house size is 1,400 square feet, excluding garage. 7. Add a note on the final plat indicating: The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest normal ground water elevation. 8. The bearing from the section line to the "Real Point of Beginning" doesn't match the corresponding bearing in the Certificate of Owners. GENERAL COMMENTS (preliminary/final plat) 1. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. 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. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided 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 association, with written confirmation of said approval submitted to the Public Works Department. ~~ AZ-0I-026,PFP-01-009 I~~~ N~ ~ ~ F(earlhetoneSub.AZPFP latuvng XcLotung C'ommission/Mayor ~c (;rty c:ouncll January 18, 2001 ~, ~ Page 7 COMPREHENSIVE PLAN POLICIES The subject property is located in an area designated as Mixed Residential in the Meridian Comprehensive Plan, The 1993 Comprehensive Plan contains a variety of goals and policies that ~ are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project. Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Economic Development hapter 3.1 U -Approve quality housing projects that meet the needs of all economic levels. 3.2U -Encourage efforts to develop and maintain quality neighborhoods and housing.. . Land Use Chapter 2.1U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. Transportation Chapter 1.19U -Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 1.14 -Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. RECOMMENDATION Staffrecommends approval of the annexation, and preliminary/final plat, with the above stated comments and conditions. nz-0l-oxs, PFP-0lao9 HmdewneSub.AZPFP ~ ~ ~ N ~~ O~ ~b~~ • March 15, 2002 MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT ITEM NO. REQUEST Thousand Springs Subdivision Restrictive Covenant AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 'y~D'v ~~, 2 r MERIDIAN SCHOOL DISTRICT: ~~_~ n, MERIDIAN POST OFFICE: 1~a "" ADA COUNTY HIGHWAY DISTRICT: ~~' SANITARY SERVICE COMPANY ~ ~"" ~~~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVE Interoffice MAC - ~ ennz MEMORANDUM City Clerk nffic~,~ To: William G. Berg, Jr. Cc: Mayor Robert D. Corrie and Meridian City Council From: Wm. F. Nichols Subject: Thousand Springs Subdivision No. 3, Lot 20 Bloclc 14 Date: March 6, 2002 The issue of the bonus room on Lot 20 Bloclc 14 in Thousand Springs Subdivision No. 3, has been resolved by the contractor purchasing the property. Accompanying this memo you will find a letter from the attorney for the contractor, with a proposed Restrictive Covenant. You will note from the letter that the Hansons have agreed to settle their claims regarding the bonus room, if the Restrictive Covenant is recorded. Please let me know if you have any questions. Z:\Work\M\Meridian\Meridian 15360M\City Clerk Memos\2002 Memos\BergThousandSpgsRestrictiveCovenantW indowReplcmntMemo030602.doc msg/\\204.229.127.194\SERVERZ\WORIQM\MERIDIAN\MERIDIAN 15360M\CITY CLERIC MEMOS\2002 MEMOS\I3ERGTF(OUSANDSPGS • HAWLEY 1~OXELL ENNIS &H~IWLEYur ATTORNEYS AT LAW TIMOTHY W. TYREE ADMITTED TO PRACTICE LAW IN IDAHO eMAiL: TWT@HTEH.COM VIA US MAIL 877 Main Street, Suite 1000 P.O. Box 1617 Boise, Idaho 83701-1617 (208) 344-6000 ~ Fax (208) 342-3829 www.hteh.com March 4, 2002 William F. Nichols White Peterson Pruss Morrow & Gigray, PA P.O. Box 247 Nampa, ID 83653-0247 Re: Restrictive Covenant in Thousand Springs Subdivision Dear Bill: R~cE~ VF MAR~~~ D ~y~TE P~ ~ ~4? FRSnN Enclosed is an executed Restrictive Covenant Regarding Window Placement for signature by the City of Meridian. Geoff Wardle and I have been working on this matter and Geoff asked me to send the Restrictive Covenant to you to obtain the City's signature. Stacy Construction, Inc. is now the owner of the property. Stacy Construction has agreed to record the Restrictive Covenant against the property in order to resolve the complaints by the neighbors. The neighbors have agreed to settle all claims regarding the bonus room over the garage if the Restrictive Covenant is recorded. Once the Restrictive Covenant is signed by the City, please return the fully executed original to me for recording. If you have any questions, please call. Very truly yours, TWT Enclosures cc: Wayne Stacy HA EY TROXELL ENNIS & HAWLEY LLP im t W. Ty e 41257.0001.630953.1 • ~ RESTRICTIVE COVENANT REGARDING WINDOW PLACEMENT (Restricting Lot 20, Block 14, Thousand Springs Subdivision No. 3.) THIS RESTRICTIVE COVENANgT GOVERNING WINDOW PLACEMINT (this "Covenant") is made this.S~ay of /~IQ'('Cf' , 2002 by and between STACY CONSTRUCTION, INC., ("SCI"), and THE CITY OF MERIDIAN ("Meridian"). WHEREAS, it is the intention of the parties hereto to reasonably restrict the window placement on the home located on Lot 20, Block 14, Thousand Springs Subdivision No. 3 to further the privacy of neighboring property owners. NOW, THEREFORE, in consideration of good and valuable consideration, including the issuance of a certificate of occupancy by the City of Meridian, the receipt and sufficiency of which is hereby acknowledged, SCI does hereby covenant and agree that development, improvement and alteration of Lot 20, Block 14, Thousand Springs Subdivision No. 3., shall be, and hereafter is, limited as follows: No window shall be placed in the gabled end of the roof above the first floor of the rear of the house located on Lot 20, Block 14, Thousand Springs Subdivision No. 3. Nothing contained in this Covenant shall be interpreted or construed herein to otherwise restrict the location of windows anywhere else on the property, including any window that is not located in the gabled end of the roof at the rear of the house or any window or structure elsewhere in or on the roof that does not face to the rear of the house, parallel to the southwest boundary of the property. This Covenant runs with the land and binds Lot 20, Block 14, Thousand Springs Subdivision No. 3., for the benefit of Meridian, and binds the assignees, successors, heirs and devisees of SCI and all persons taking title from or under SCI to all or any part of Lot 20, Block 14, Thousand Springs Subdivision No. 3., to and for the benefit of successors to Meridian. Meridian and its successors shall be entitled to specific performance of this Covenant. If any provision of this Covenant shall be held invalid, it shall not affect the validity of the remainder of this Covenant. 1 _ 41257.0001.625275.4 IN WITNESS AND EXECUTION WHEREOF, the parties hereto have set their hands on the day and date first above written. SCI: B D MERIDIAN: THE CITY OF MERIDIAN By: Dated: 41257.0001.625275.4 STACY CONSTRUCTION, INC. STATE OF IDAHO ss. County of Ada On this ~ day of , 2002, before me, -~'~'(~ U, I ~ ~° , the undersigned, a Notar,~ Public in and for said State, personally appeared Wayne Sta as President of Stacy Construction, Inc., known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first ~~ written: ^r . ~ , m A. ~b `° ~~~' ~~ ~ Notary Public for Idaho k. .: ~ ~" Ri 'Residing at ;~ Q ~ ~ 1 h , Idaho ~~f t 9 'R My commission expires ~, 2~,' (~l~ ~~. STATE OF IDAHO ) , ss. County of Ada On this day of , 2002, before me, , the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My commission expires , 2002 a~zs~.ooo~ szsz~s.a • March 15, 2002 MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT ITEM NO. ~- REQUEST Ashford Greens Water Latecomer Agreement -Brighton Corporation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: Ses attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: ,~/ MERIDIAN POST OFFICE: ~ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor Come From: Brad Watson, P.E. ~~ CC: File, Gary Smith, PE, City Clerk J RECEIVED . .r;;'i i-l.v~ CITY OF MERfDIAN CITY CLERK OFFICE Dafie: 3/15/2002 Re: Proposed Agenda Items for March 19 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the March 19 City Council agenda, on the Consent Agenda, for Council's consideration (we would be happy to discuss any of the following items under Department Reports if you wish to pull these from the Consent Agenda): 1) Well No. 21 & 22 Pumping Facilities Change Orders - SCADA System Upgrade. Please refer to enclosed memo from Len Grady to me. 2) Ashford Greens Water Latecomer Agreement -Brighton Corporation. This is a standard latecomer agreement with Brighton Corporation for their installation of a 12-inch water line in Black Cat Road as part of the Ashford Greens Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 3) Ashford Greens Pressure Sewer Latecomer Agreement -Brighton Comoration. This is a standard latecomer agreement with Brighton Corporation for their installation of a 6-inch pressure sewer line from the Ashford Greens Lift Station to the Ten Mile Sewer Trunk. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 4) Bedford Place Water Latecomer Agreement -Brighton Fromd~eaeskof... Comoration. This is a standard latecomer agreement s~aw,~,rE with Brighton Corporation for their installation of a 12- cis, inch water line in Ustick Road as part of the Bedford MeridianPubfiawo~icsDe 660 E. Walatower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Faac (208) 887-1297 • Page 1 watsonb(c~ci.meaidian.idus Place Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 5) Agreement for Professional Services Addendum No. 2 - Ten Mile Interchange Sewer Study. JUB Engineers. JUB Engineers is requesting a second addendum to their agreement for professional services for this project As you are aware, the study was initiated at the request of Dakota Company who agreed to reimburse the City for the cost of the study. The cost of the project based on the original scope was $19,730. The first addendum covered additional costs associated with expanding the scope of the study to the entire Black Cat Trunk service area north of I-84 and south of Cherry Lane. That increase was for $3,700 for a total agreement amount of $23,430. This second contract addendum is for property owner contact and information gathering. A copy of the addendum and labor/equipment details is enclosed. It includes a time and materials, not to exceed, amount of $5,884. As I summarized at the Strategic Planning Workshop on March 12, we have asked JUB Engineers, at the request of City Councl, to contact property owners to determine their overall project interest, potential financial commitments, and intentions regarding easements. We will still require reimbursement of the original $19,730 from Dakota Company. The additional $5,884 would be the City's responsibilities, as the additional work is not tied to the Eastbourne Investments interest alone. The total agreement amount would be $29,314. Recommended Council Action: approve Addendum No. 2 to the Agreement for Professional Services with JUB Engineers for the Ten Mile Interchange Sewer Study to include a contract increase amount, on a time >~ material, not-to- exceed basis, of $5,884.00, to be paid by the City of Meridian and not reimbursed by Dakota Company (or their assigns). 6) G&H Entemrises II (KFC/A&W) Water Line Easement. This is a standard easement agreement for a water line the City will own and maintain on the project site of Kentucky Fried ChickeNA 8~ W Restaurant A copy of the signed easement is enclosed. Recommended Council Action: Approval We request that the following items be placed on the March 19 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) White Drain Trunk Sewer Permanent and Temporary Construction Easement- John Kennedy. We respectfully request this item be tabled to the March 26 City Council meeting. I expect some additional discussion with Council that may be more appropriate for that non-land use meeting. • Page 2 2) White Drain Sewer Trunk -Award of Contract. Bids were received February 27 for the construction of the White Drain Sewer Trunk. The eight bids were: Thueson Construction (Nampa) Sommer Construction (Nampa) Owyhee Construction (Boise) Brown Construction (Nampa) MASCO (Boise) T.A. Dibble Excavation (Boise) (arithmetic error caused Bodiford Construction Boise) S-2 Construction (Oregon City) Engineer's Estimate $994,060.10 $1,139,275.50 $1,161,000.00 $1,258,476.50 $1,304,824.90 $2,129,858.20 extremely high bid) $1,530,478.10 $1,544,980.00 $1,497,949.00 Sommer Construction submitted a formal protest of Thueson Construction's bid for several reasons inGuding lack of corporate seal on bid, absence of notary statement/seal on bid bond and experience/qualifications. We have contacted references, met with Thueson Construction and met with Bill Nichols twice so far on this matter. After our meeting with Mr. Nichols this morning, it is apparent we need to gather even more information in order to make a contract award recommendation to City Council. We would recommend this matter be tabled until the March 26, 2002 City Council meeting. 3) Latecomers Agreement Request From Jackson's Food Stores. We respectfully request this item be tabled until the March 26, 2002 City Council meeting to allow the Public Works staff to discuss and formulate a recommendation. This request was submitted very n:centiy and we were unaware it would be on the agenda so quickly. Thank you. Please contact me if you have any questions r9egarding any of these items. • Page 3 ~„~a~,~ N 41I~SCw`~' WATER LINE LA'Z'E COMERS AGREEMENT ASHFORD GREENS SUBDIVISION ~8 da of ~ 2002, by and between This Agreement made and entered into this y THE BRIGHTON CORPORATION, an Idaho Corporation, hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereafter referred to as "City" WITNES SETH: WHEREAS, the City limits include Ashford Greens Subdivision Nos. 1, 2, 3, 4 and 5 and the Developer's proposed future phases of Ashford Greens Subdivision, hereafter referred to as Ashford Greens Subdivision No. 6 and as shown on Exhibit "A", but prior to this Agreement and construction referred to herein, such area was not provided water service by the City; and WIiEREAS, in 1997 the Developer constructed two separate water lines from an existing water line to an area north of Cherry Lane and south of Ustick Road, which water lines were able to provide service to land east and west of Black Cat Road; and; that the Total Service Area in Sub- Area No. 1 is approximately 11.35 acres, of which the Developer's Area is approximately 2.62 acres or 23.1% of the Total Service Area as shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full.; and; that the Total Service Area in Sub-Area No. 2 is approximately 86.44 acres, of which the Developer's Area is approximately 10.89 acres or Page -1 of 7 WATER LINE LATE COMERS AGREEMENT 12.6% of the Total Service Area as shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full.; and WHEREAS, the water lines constructed by the Developer will benefit land other than only the land developed by Developer; that the land that can be served by the said water lines is shown in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; that the developable land that can be served by the water lines totals approximately 97.79 acres; that the existing developed areas that eventually connect to the water lines serviced by the City will be subject to the latecomer fees described herein; that 100% of the land not included in the Developer's subdivision would be developed in ten years, the term that a late comers Agreement is allowed to and WHEREAS, the total cost of constructing the said water lines in Sub-Area No. 1 borne by the Developer was $3,636.00 ;whereas the water lines will benefit Developer's present and future Subdivisions which contain 2.62 acres, or 23.1 % of the total area to be benefited by the construction of the water lines; therefore the cost to Developer to construct the water lines to his own subdivision would be $839.03 ;that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $2,796.97 ;and that this fee, plus interest, should be collected and paid as shown in Exhibit "B"; and WHEREAS, the total cost of constructing the said water lines in Sub-Area No. 2 borne by the Developer was $31,663.00 ;whereas the water lines will benefit Developer's present and future Subdivisions which contain 10.89 acres, or 12.6% of the total area to be benefited by the construction of the water lines; therefore the cost to Developer to construct the water lines to his own subdivision WATER LINE LATE COMERS AGE Page - 2 of 7 would be $3,989.14 ;that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $27,674.86 ;and and that this fee, plus interest, should be collected and paid as shown in Exhibit "B"; and WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter into water line extension and reimbursement agreements and that section further provides that water users who subsequently connect to the extended water line(s) shall be charged a ten (10) inch diameter water line equivalency fee; said fees are in addition to the connection and user charges normally assessed a user due to the fact the user has not contributed to the cost of the extended line; the above fee is hereafter referred to as "Late Comer Fee' ;the above ordinance section provides that the late comers fee maybe used to reimburse the person or persons so extending the water line(s). WHEREAS, pursuant to 9-1-12, the City is required to charge a Water Construction Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a water line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the City water system, shall be required to pay an additional connection charge which shall be known and referred to as the "Water Construction Equivalency Fee". NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in full. 2. That the Developer has paid for engineering, planning and construction of the water lines shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A". WATER LINE LATE COMERS AGREEMENT Page - 3 of 7 3. The Developer has contributed $3,636.00 to total construction costs of the said water lines in Sub-Area No. 1, of which Developer is entitled to be reimbursed the sum of $2,796.97 plus interest, which represents land that could be served by the water lines but is not included in Developer's subdivision. The Developer has contributed $31,663.00 to total construction costs of the said water lines in Sub-Area No. 2, of which Developer is entitled to be reimbursed the sum of $27,674.8b plus interest, which represents land that could be served by the water lines but is not included in Developer's subdivision. 4. That for all land in Exhibit "A" subsequently connecting to the water lines referred to in Exlu~it "A", except the land in Ashford Greens Subdivision, the City will charge the total sum of $2,796.97 plus interest, in Sub-Area No. 1, and the City will charge the total sum of $27,674.86 plus interest, in Sub-Area No. Z as shown in Exhibit "B"; such users shall hereafter be referred to as "LATE COMERS' ; that the charge is the water construction equivalency fee authorized in 9-1-12 and established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE"; the fee is in addition to any other water charges for connection to the water system; the computation of the Late Comers Fee is shown on Exhibit "B" attached hereto and by this reference incorporated herein 5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the "ASHFORD GREENS SUBDIVISION WATER PROJECT REIlVIBURSEMENT ACCOUNT" and shall reflect interest at a rate of 4°lo to be accrued on the unpaid balance once a year at the City's Fiscal Year End, 9f30 each yeaz for the term of the agreement, and shall be distributed quarterly to the Developer. 6. That the late comer fees shall be collected by the City from all users subsequently WATERLINE LATE COMERS AGE Page - 4 of 7 connecting to the lines shown in Exhibit "A" for the land also shown in Exhibit "A", except the land in Ashford Greens Subdivision. 7. That the City shall charge the ASHFORD GREENS SUBDIVISION WATER PROJECT REIlVIB~SEMENT ACC®UNT the 10% administrative charge as authorized under 9-1-13. 8. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 9. It is agreed that the water line(s) referenced in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 10. The term of this Agreement shall be until Developer has been reimbursed the principal sum of $30,471.83, plus interest, as determined in Paragraph 6, less the 10% administrative fee or, if this is not achieved, for a period of ten (10) years or, until such time the water lines described herein are abandoned. If the Developer has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. 11. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this _ day of BY: 2002. CITY ®F 11/IERIDIAi~1 WATER LINE LATE COMERS AGREEMENT Page = 5 of 7 • • ROBERT D. CORRIE, NIA4'OR ATTEST: WILLIAM G. BERG, JR., CITE CLERK Approved By City Council: THE BRIGHTON CORPORATION ~. ~ ~ O ~.~~ ~+' B * ~ SBAL y '~' David W. Turnbull, President ~~'~OF'ID~~~ WATER LINE LATE COMERS AGREEMENT Page - 6 of 7 • STATE OF IDAHO,) County of Ada, ) ss. On this _ day of , 2002, 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 MERL®IAN, Idaho, and who executed the within instrument, and acknowledged to me that the CITY OF MERIIDIAN executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDIl~TG AT MY COMMISSION EXPIRES STATE OF IDAHO,) ss. County of Ada, ) On thi~~5 day 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared D W. TLTRNBULL, known to me to be the President of THE BRIGHTON CORPORATION, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. AL ®~ ~ NO AR P o ~UB~.~G RE IDIN A7 ~~ °°°o° ® MY COMMIS r ~ , °~a® ,: ~'~®P~ ~~®A6sASe®10~" ~'r'!6 and affixed my official seal the day IDAHO , '~/-j- WATER LINE LATE COMERS AGREEMENT Page - 7 of 7 S~ Water Line Late Comers Agreement Ashford Greens Subdivision Exhibit A 12-inch Water Main r Service Area N W E S 700 0 700 1400 2100 2800 Feet "EXHIBIT B" ASHFORD GREENS- SUBDIVISION THE BRIGHTON CORPORATION WATER LINE LATE COMERS' AGREEMENT FEE COMPUTATIONS AREA DETERMINATION: SUB-AREA No. 1 Total Service Area =Gross Area - Existing Road/Street Right-Of--Way EXISTING ROAD/STREETRIGHT-OF-I~AY (R/W) Black Cat Road R/W 96 feet wide by 275 long = Interior streets R/W 50 feet wide by Total Service Area = 3459 long = Total 15.93 Gross Acres -4.58 R/W = Latecomers Area =Total Service Area -Developer's Area TOTAL SERVICE AREA.: DEVELOPER'S AREA: LATE COMER'S AREA FEE COMPUTATION: DEVELOPER'S CONTRIBUTION.• $ 0.61 acres 3.97 acres 4.58 11.35 acres OF ACREAGE TOTAL 11.35 100.0- % OF ACREAGE TOTAL 2.62 23.1 OF ACREAGE TOTAL 8.73 76.9 3,636.00 Verified from Billings PORTIONATTRIBUTABLE TO DEVELOPER'S SUBDIVISION.• 23.1% x $3,636.00 = $839.03 PORTION OF DEVELOPER'S CONTRIB UTION ELIGIBLE FOR R.EIMB URSEMENT.• Total Service Area (100%) -Developer's Percentage =Percentage Eligible = 76.9% 76.9% x $ 3,636.00 = $2,796.97 Page 1 AREA DETERMINATION: SUB-AREA No. 2 Total Service Area =Gross Area - Existing Road/Street Right-Of--Way EXISTING ROAD/STREETRIGHT-OF-YVAY (R/W) Black Cat Road R/W 96 feet wide by 1790 long = 3.94 acres Interior streets R/W 50 feet wide by 8568 long = 9.84 acres Total 13.78 Total Service Area = 100.22 Gross Acres -13.78 R/W = 86.44 acres Latecomers Area =Total Service Area -Developer's Area TOTAL SERVICE AREA: DEVELOPER'S AREA: LATE COMER'S AREA FEE COMPUTATION: DEVELOPER'S CONTRIBUTION.' $ % OF ACREAGE TOTAL OF ACREAGE TOTAL ~. OF ACREAGE TOTAL 31,664.00 Verified from Billings PORTIONATTRIBUTABLE TO DEVELOPER'S SUBDIVISION.• 12.6% x $31,664.00 = $3,989.14 PORTION OFDEVELOPER'S CONTRIBUTIONELIGIBLE FOR REIMBURSEMENT.• Total Service Area (100%) -Developer's Percentage =Percentage Eligible = 87.4% 87.4% x $ 31,664.00 = $27,674.86 Page 2 • ~ March 15, 2002 MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT ITEM NO. ~ -hI REQUEST Ashford Greens Pressure Sewer Latecomer Agreement -Brighton Corporation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRLCT: ~.~ MERIDIAN POST OFFICE: r~ ~~ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. • Memo To: Mayor Come From: Brad Watson, P.E. ~~~ CC: File, Gary Smith, PE, City Clerk Dade: 3/15/2002 RECEIVED CITY OF MERIDIAN CITY CLERK OFFICE Re: Proposed Agenda Items for March 19 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the March 19 City Council agenda, on the Consent Agenda, for Council's consideration (we would be happy to discuss any of the following items under Department Reports if you wish to pull these from the Consent Agenda): 1) Well No 21 & 22 Pumping Facilities Change Orders - SCADA System Upgrade. Please refer to enGosed memo from Len Grady to me. 2) Ashford Greens Water Latecomer Agreement -Brighton Corporation. This is a standard latecomer agreement with Brighton Corporation for their installation of a 12-inch water line in Black Cat Road as part of the Ashford Greens Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 3) Ashford Greens Pressure Sewer Latecomer Agreement -Brighton Corporation. This is a standard latecomer agreement with Brighton Corporation for their installation of a 6-inch pressure sewer line from the Ashford Greens Lift Station to the Ten Mile Sewer Trunk. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 4} Bedford Place Water Latecomer Agreement -Brighton F~vmthedeskof... Comoration. This is a standard latecomer agreement ~~,`,p~ with Brighton Corporation for their installation of a 12- c;n, inch water line in Ustick Road as part of the Bedford MeriaiaoFahficw«IcsDep~trnent 660 & Watertower Igoe, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax (208) 887-1297 walsanb(c~cimetidiao.idus • Page 1 Place Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 5) Agreement for Professional Services Addendum No. 2 - Ten Mile Interchange Sewer Study, JUB Engineers. JUB Engineers is requesting a second addendum to their agreement for professional services for this project As you are aware, the study was initiated at the request of Dakota Company who agreed to reimburse the City for the cost of the study. The cost of the project based on the original scope was $19,730. The first addendum covered additional costs associated with expanding the scope of the study to the entire Black Cat Trunk service area north of I-84 and south of Cheny Lane. That increase was for $3,700 for a total agreement amount of $23,430. This second contract addendum is for property owner contact and information gathering. A copy of the addendum and labor/equipment details is enclosed. It includes a time and materials, not to exceed, amount of $5,884. As I summarized at the Strategic Planning Workshop on March 12, we have asked JUB Engineers, at the request of City Council, to contact property owners to determine their overall project interest, potential financial commitments, and intentions regarding easements. We will still require reimbursement of the original $19,730 from Dakota Company. The additional $5,884 would be the City's responsibilities, as the additional work is not tied to the Easthoume Investments interest alone. The total agreement amount would be $29,314. Recommended Council Action: approve Addendum No. 2 to the Agn:ement for Professional Services with JUB Engineers for the Ten Mile Interchange Sewer Study to include a contract increase amount, on a time ~ material, not-to- exceed basis, of $5,884.00, to be paid by the City of Meridian and not reimbursed by Dakota Company (or their assigns). 6) G&H Entemrises II (KFC/A&W) Water Line Easement. This is a standard easement agreement for a water line the City will own and maintain on the project site of Kentucky Fried ChickeNA & W Restaurant. A copy of the signed easement is enclosed. Recommended Council Action: Approval We request that the following items be placed on the March 19 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) White Drain Trunk Sewer Permanent and Temporary Construction Easement - John Kennedy. We respectfully request this item be tabled to the March 26 City Council meeting. I expect some additional discussion with Council that may be more appropriate for that non-land use meeting. • Page 2 • 2) White Drain Sewer Trunk -Award of Contract. Bids were received February 27 for the construction of the White Drain Sewer Trunk. The eight bids were: Thueson Construction (Nampa) Sommer Construction (Nampa) Owyhee Construction (Boise) Brown Construction (Nampa) MASCO (Boise) T.A. Dibble Excavation (Boise) (arithmetic error caused Bodiford Construction Boise) S-2 Construction (Oregon City) Engineer's Estimate $994,060.10 $1,139,275.50 $1,161,000.00 $1,258,476.50 $1,304,824.90 $2,129,858.20 extremely high bic~ $1,530,478.10 $1,544,980.00 $1,497,949.00 Sommer Construction submitted a formal protest of Thueson Construction's bid for several reasons including lads of corporate seal on bid, absence of notary statement/seal on bid bond and experience/qualifications. We have contacted references, met with Thueson Construction and met with Bill Nichols twice so far on this matter. After our meeting with Mr. Nichols this rooming, it is apparent we need to gather even more information in order to make a contract award reoommendation to City Coundl. We would recommend this matter be tabled until the March 26, 2002 City Council meeting. 3) Latecomers Agreement Request From Jackson's Food Stores. We respectfully request this item be tabled until the March 26, 2002 City Council meeting to allow the Public Works staff to discuss and formulate a recommendation. This request was submitted very recently and we were unaware it would be on the agenda so quickly. Thank you. Please contact me if you have any questions regarding any of these items. • Page 3 • Go~~+evtt- ~ ,~~T~.~ 4 PRESSURE 5E~VER LATE COMERS AGREEMENT ASHFORD GREENS SUBDIVISION 'Phis Agreement made and entered into this day of a' 2001, by and between BRIGHTON CORPORATION, INC., an Idaho Corporation, hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereafter referred to as "City" WI'TNESSETH: WHEREAS, the City limits include Ashford Greens Subdivision Nos. 1, 2, 3 and 4 and the Developer's proposed future phase(s) of Ashford Greens Subdivision, hereafter referred to as Ashford Greens Subdivision No. 5 and as shown on Exhibit "A"; but prior to this Agreement and construction referred to herein, such area was not provided sewer service by the City; and WHEREAS, in 1997 the City constructed a sewage lift station, a six (6) inch pressure sewer line and an eight (8) inch sewer pressure line from Ashford Greens Subdivision No. 1 to an existing gravity sewer line in IJstick Road; and WHEREAS, in 1998- the Developer reimbursed the City for construction of the six (6) inch pressure sewer line from Ashford Greens Subdivision No. 1 to an existing gravity sewer line in Ustick Road, which pressure sewer line extension, in conjunction with the other construction paid for by the SEWER LATE COMERS AGREEMENT Page - 1 of 7 City, is able to provide sewer service to land shown in Exhibit "A"; and WHEREAS, the pressure sewer line constructed by the City in 1997 and paid for by the Developer in 1998 will benefit land other than only the land developed by Developer; that the land that can be served by the 1997 pressure sewer line is shown in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in fuel; that the undeveloped land as of February I, 1998 that can be served by the pressure sewer line totals approximately 386 acres; that the existing developed areas will eventually contribute sewage to the facilities constructed by the City but will not be subject to the latecomer fees described herein; that the currently undeveloped areas, if developed under the zoning shown on Exhibit "B", which is attached hereto and by this reference incorporated herein as if set forth in full, with densities allowed in the zones shown on Exhibit "B", there could be 1,069 equivalent residential units (ERU); that the Developer''s existing and planned subdivisions consist of 231 ERU; that on the basis that 50% of the land not included in the Developer's subdivision would be developed in ten years, the term that a late corners Agreement is allowed to run, there could be 419 ERU in 10 years; and WHEREAS, the total cost of constructing the 1997 six (6) inch pressure sewer line borne by the Developer was $135,584.95; whereas the pressure sewer line will benefit Ashford Greens Subdivisions Nos. 1, 2, 3, 4 & 5 which are being, have been, or are planned to be developed by Developer and those subdivisions will contain 231 ERU, or 21.22% of the total projected ERU to be benefited by the construction of the pressure sewer line; therefore the cost to Developer to construct the pressure sewer to his own subdivision would be $29,313.47; that by subtracting the $29,313.47 from the total Developer's cost share of $135,584.95, the total cost to all late comers is $106,271.48; SEWER LATE COMERS AGREEMENT Page - 2 of 7 and then dividing the remaining projected number of ERU of 419 that could be served by the sewer line, there should be a late comers fee of $253.75, plus interest, per ERU as shown in Table II of Exhibit "B"; and WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that. the City may enter into sewer line extension and reimbursement agreements and that section further provides that sewer users who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch diameter sewer line equivalency fee; said fees are in addition to the connection and user charges normally assessed a user due to the fact the user has not contributed to the cost of the extended line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides that the late comers fee may be used to reimburse the person or persons so extending the sewer line(s). VVI~REAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to charge a Sewer Construction Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a sewer line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the City sewer system, shall be required to pay an additional connection charge which shall be known and referred to as the "Sewer Construction Equivalency Fee". NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in fall. 2. That the Developer has reimbursed the City for engineering, planning and construction of the six (5) inch pressure sewer line shown in Exhibit "A", and which will benefit the land also shown SEWER LATE COMERS AGREEMENT Page - 3 of 7 in Exhibit "A". 3. The Developer has contributed $135,584.95 to total construction costs of the above pressure sewer line of which Developer is entitled to be reimbursed the sum of $106,2? 1.48; plus interest, as shown in Table I of Exhibit "B", which represents land that could be served by the pressure sewer line construction but is not included in Developer's subdivision. 4. That for all ERU in the undeveloped land as of February 1, 1998 in Exhibit "A", subsequently connecting to the pressure sewer line referred to in Exhibit "A", except the land in Ashford Greens Subdivision Nos. i, 2, 3, 4 & 5 and those lots outside the Developer's subdivisions upon which building permits have been issued as of February 1, 1998, the City will charge the sum of $253.75 plus interest, per ERU as shown in Table II of Exhibit "B"; such users shall hereafter be referred to as "LATE COMERS"; that the charge is the sewer construction equivalency fee authorized in 9-4-18 and established by this Agreement, which fee shall herein be referred to as °'LATE COMERS FEE' ; the fee is in addition to any other sewer charges for connection to the sewer system; the computation of the Late Comers Fee is shown on Exhibit "B" attached hereto and by this reference incorporated herein. 5. That all the Late comer fees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the "A,SH)FORD GREENS PRESSiTRE SEWER REl1V~BURSEMENT ACCOI7NT" and shall reflect irrterest at a rate of 4°!o to be accrued on the unpaid balance once a year at the City's Fiscal Year End, 9/30 each year for the term of the agreement, and shall be distributed quatterly to the Developer. 6. That the late comer fees assessed, which will go into the ASHFORD. GREENS SEWER LATE COMERS AGREEMENT Page - 4 of 7 PRESSURE SEWER REIlVIBURSEMENT ACCOUNT, shall increase at a rate of 4% per annum as shown in Table II of Exhibit "B". 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the line shown in Exhibit °'A" for ERU in the land also shown in Exhibit "A", except the land in Ashford Greens Subdivision Nos. 1, 2, 3, 4 and 5 and those subdivisions that existed as of February 1, 1998. 8. That the -City shall charge the ASHF®-RD GREENS PRESSURE SEWER REIlYIBURSEMENT ACCOUNT the 10% administrative charge as authorized under 9-4-19. 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its adnwustrative costs. 10. It is agreed that the sewer line(s) referenced in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 11 The term of this Agreement shall be until Developer has been reimbursed the principal sum of $106,271.48, plus interest, as determined in Paragraph 6, less the 10% administrative fee or, if this is not achieved, for a period of ten (10) years or, until such time the six (6)-inch pressure sewer described herein is abandoned. If the Developer has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. SEWER LATE COMERS AGREEMENT Page - 5 of 7 • 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this _ day of , 2001. BY: CITY OF MERIDIAN ATTEST: ROBERT D. CORRIE, MAYOR WILLIAM G. BERG, JR., CITY CLERK Approved By City Council: STATE OF IDAHO,) ss. County of Ada, ) On this _ day of , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the CITY OF MERIDIAN executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES SEWER LATE COMERS AGREEMENT Page - 6 of 7 BRIGHTON CORPORATION, INC. as I ~s ~gpORq - -~~~1 G r~ ~ ~.~ SEAL • By resident ., 0 By ~ ~ fZ9~~ Secretary STATE OF IDAHO,) County of Ada, ) ss. On tl>~~day of , 200 ]r~'6efore me, the undersigned, a Notary Public in and for said S ""te~ personally peared Glit/l.() ~ ~U~h ~/d~~~ and ~h/ ~ ~~ ,known to me to be the President and the Secretary of BRIGHTON CORPORATION, INC., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SE ~ao~aaa®q~~ 3 ~~~" ~ ~ ~~~~ ~ ~ d ~ ©~ _.~ Girt.--~ NOTARY PUBLIC R IDAH RESIDING AT -1~G~:~~ MY COMMISSION EXPIRES ~ SEWER LATE COMERS AGREEMENT Page - 7 of 7 ASHFOR® GREENS PRESSURE SEWER LATECOMER AREA SCALE: 1 " =2000' Exhibit A public workslbruca_f/wofd filasJlatecorneB agreernents/ashford greens/pres sawaf.exhibit a.bw.dwg "EXHIBIT B" BRIGHTON CQRPORATION, INC. (ASHFORC~ GREENS SUBDIVISION) LIFT STATION PRESSURE SEWER 4.ATECOMERS AGREEMENT FEE COMPUTATIONS Ta@afa I l1RCO R ~Ri i nGr~t~n~inierinnic r...,.i..a.,_ ~-,_.,_~___.~_ _. Area (see ma) ---- Descri lion __ __ Status _r,_ Predominant Zoning Projected Density ERU/Ac creage (1) Projected ERU % of Total 1 2 Ashford Greens No. 1 Ashford Greens No. 2 Existing Existin R-4 R-8 20 20 54 85 5 05% 7.95% 3 4 5 Ashford Greens No. 3 Ashford Greens No. 4 Ashford Greens PUD #5 Final Plaf Final Plaf Final Plat R-4 R-4 R~4 15 16 15 45 47 49 4.21% 4.4p°,6 4.59% 6 7 Ashford Greens PUD #6 Villas at the Lake Final Plat Final Plat R-4 R-8 7 12 14 43 1.31% 4.02% 8 9 Lake Gher Lane No. 4 Turnberry Nos. 1 & 2 Final Ptat Final Plat R-4 R-4 23 40 54 116 S 05% 11.04% 10 Golfview No. 4 Final Plat R-4 12 31 2.90°~ 11 Golfview o. 5 Final Plat R-4 8 20 1.87% 12 13 Elementary School -Dakota West of Black Cat Road Future Future NA R-4 2.6 13 60 25 156 2.34% 14.60°10 14 NE ii4 of NW 1/4, See. 1 Future R-4 2.6 40 104 9.73%0 15 N 1/2 of NW 1/4 of NW 1/4, Sec. 1 Fu~re R-4 2.fi 23 60 5.60% 16 N 1/2 of NIN 1/4 ,Sec. 10 Future R-4 2:6 38 99 9.25% 17 SW 1/4 of SW 1/4, Sec. 1 Future R-4 2.6 25 55 6'.08% TOTAL: 3$8 1,069 84.67% (9) ERU (Equivalent Residential Unit) listed are based on final or preliminary plats where possible. ERU'S in areas not yet in preliminary plat phase are based on projected densities. DEVELOPER'S AREA &ERU Ashford Greens No. i 54 ERU 20 Ac Ashford Greens No. 2 85 ERU 20 Ac Ashford Greens No. 3 45 ERU 15 Ac Ashford Greens- No. 4 47 ERU 16 Ac Total: 231 ERU 71 Ac Average Density (ERU/Ac)= 231 71 ORIGINAL COST TO DEVELOPER Total Construction Cost; Amount Paid By beveloper: Original Developer's ERU's: Original Developer's Percentage of Total Sentice Area: Original Developer's Share of Construction Costs: Latecomer's Share = $135,584.95 -$29,313.47 3.3 ERUTAc $321,327.09 $135,584.95 231 21.52% $29, 313.47 _ $106,271.48 Page 1 of 2 c:\bw1m5\RF.ashford.exhibit bA90709 LATECOMER UNIT COST CALCULATION Assume payback period of ten years and an overall growth rate of 50% in the latecomer area over that ten years. Unit Cost/ERU =Latecomer's Share / (Projected Latecomer ERU's x 50°~ Development) Unit Cost/ERU = $106,271.48 /((1,069-231)ERU x 50°~} _ $253.75 per ERU REIMBURSEMENT SCHEDULE BRIGHTON CORPORATION, INC.-will be reimbursed the costs of installing a soc-inch pressure sewer line. The Latecomer Fee paid by each future builder who connects to the subject sewer line will be paid to BRIGHTON CORPORATION, INC., less administrative fees as described in the AGREEMENT. The Latecomer Fee assessed to each Latecomer shall be adjusted annually on September 30 at an annual percentage rate of 4%. The Latecomer Fees shall be as follows: T~4BLE II. Interest Rate: 4.00% Effective Date Latecomer Fee 10/1/01 $253.75 10/1./02 $263.90 10/1/03 $274.46 10/1/04 $285.44 10/1/05 $296.86 10/1/06 $308.73 10/1/07 $321.08 10/1/08 $333.92 1011/09 $347.28 10/1/10 $361.17 Page 2 of 2 c:lbw1m51RF.ashford.exhibit b.090701 .. ~ u ~~ '~ • fn Q ~ V _\ U ... to n: c~ z. 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N W p nj [7 1 D C O j N ~ p Z m O ~ 1~ ~ ~ ._• • • March 15, 2002 MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT ITEM NO. Lf -(~ REQUEST Bedford Place Water Latecomer Agreement -Brighton Corporation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached 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: //~~~ UU~ SANITARY SERVICE COMPANY 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. City of Meridian Public Works Dept. ~, emo To: Mayor Come ,Q From: Brad Watson, P.E. ~/~ CC: File, Gary Smith, PE, City Clerk RECEIVED CITY OF MERIDIAN CITY CLERK OFFICE Date: 3/15/2002 Re: Proposed Agenda Items for March 19 City Counal Meeting The Public Works Department respectfully requests that the following items be placed on the March 19 City Council agenda, on the Consent Agenda, for Council's consideration (we would be happy to discuss any of the following hems under Department Reports if you wish to pull these from the Consent Agenda): 1) Well No 21 & 22 Pumping Facilities Change Orders - SCADA System Upgrade. Please refer to enclosed memo from Len Grady to me. 2) Ashford Greens Water Latecomer Agreement -Brighton Comoration. This is a standard latecomer agreement with Brighton Corporation for their installation of a 12-inch water line in Black Cat Road as part of the Ashford Greens Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 3) Ashford Greens Pressure Sewer Latecomer Agreement -Brighton Corporation. This is a standard latecomer agreement with Brighton Corporation for their installation of a 6-inch pressure sewer line from the Ashford Greens Lift Station to the Ten Mile Sewer Trunk. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 4) Bedford Place Water Latecomer Agreement -Brighton Fromd~eaesko£.. Corporation. This is a standard latecomer agreement ~w~p~ with Brighton Corporation for their installation of a 12- ~;~, inch water line in Ustick Road as part of the Bedford MeridianPubLow«lcsnepa~er,rt 660 E. Wateatower Lane, Suite 200 Meridian, IdaUo 83642 (208)898-5500 Fax (208) 887-1297 • Page 1 watsonb(a~ci.meiidiaaidus Place Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 5) Agreement for Professional Services Addendum No. 2 - Ten Mile Interchange Sewer Study. JUB Engineers. JUB Engineers is requesting a second addendum to their agreement for professional services for this project As you are aware, the study was initiated at the request of Dakota Company who agreed to reimburse the City for the cost of the study. The cost of the project based on the original scope was $19,730. The first addendum covered additional costs associated with expanding the scope of the study to the entire Black Cat Trunk service area north of I-84 and south of Cheny Lane. That increase was for $3,700 for a total agreement amount of $23,430. This second contract addendum is for property owner contact and information gathering. A copy of the addendum and labor/equipment details is enclosed. It includes a time and materials, not to exceed, amount of $5,884. As I summarized at the Strategic Planning Workshop on March 12, we have asked JUB Engineers, at the request of City Council, to contact property owners to determine their overall project interest, potential financial commitments, and intentions regarding easements. We will still require reimbursement of the original $19,730 from Dakota Company. The additional $5,884 would be the City's responsibilities, as the additional work is not tied to the Eastbourne Investments interest alone. The total agreement amount would be $29,314. Recommended Council Action: approve Addendum No. 2 to the Agreement for Professional Services with JUB Engineers for the Ten Mile Interchange Sewer Study to include a contract increase amount, on a time 8< material, not-to- exceed basis, of $5,884.00, to be paid by the City of Meridian and not reimbursed by Dakota Company (or their assigns). 6) G&H Enterprises II (KFClA&W) Water Line Easement. This is a standard easement agreement for a water line the City will own and maintain on the project site of Kentucky Fried ChickeNA & W Restaurant A copy of the signed easement is enclosed. Recommended Council Action: Approval We request that the following items be placed on the March 19 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) White Drain Trunk Sewer Permanent and Temporary Construction Easement - John Kennedy. We respectfully request this item be tabled to the March 26 City Council meeting. I expect some additional discussion with Council that may be more appropriate for that non-land use meeting. • Page 2 • 2) White Drain Sewer Trunk -Award of Contract. Bids were received February 27 for the construction of the White Drain Sewer Trunk. The eight bids were: Thueson Construction (Nampa) Sommer Construction (Nampa) Owyhee Construction (Boise) Brown Construction (Nampa) MASCO (Boise) T.A. Dibble Excavation (Boise) (arithmetic error caused Bodiford Construction Boise) S-2 Construction (Oregon City) Engineer's Estimate $994,060.10 $1,139,275.50 $1,161,000.00 $1,258,476.50 $1,304,824.90 $2,129,858.20 extremely high bid) $1,530,478.10 $1,544,980.00 $1,497,949.00 Sommer Construction submitted a formal protest of Thueson Construction's bid for several reasons including lack of corporate seal on bid, absence of notary statement/seal on bid bond and experienceiqualifications. We have contacted references, met with Thueson Construction and met with Bill Nichols twice so far on this matter. After our meeting with Mr. Nichols this morning, it is apparent we need to gather even more information in order to make a contract awani recommendation to City Council. We would recommend this matter be tabled until the March 26, 2002 City Council meeting. 3) Latecomers Agreement ReQUest From Jackson's Food Stores. We respectfully request this item be tabled until the March 26, 2002 City Council meeting to allow the Public Works staff to discuss and formulate a recommendation. This request was submitted very recently and we were unaware it would be on the agenda so quickly. Thank you. Please contact me if you have any questions regarriing any of these items. • Page 3 ~ i ~a~sev,~ ~,~_-~,~ P WATER LINE LATE COMERS AGREEMENT BEDFORD PLACE SUBDIVISION No. 1 and No. 4 r This Agreement made and entered into this day of 200,, by and between THE BRIGHTON CORPORATION, an Idaho Corporation, hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereafter referred to as "City" WITNESSETH: WHEREAS, the City limits extend north of Ustick Road, but prior to this Agreement and construction referred to herein, such area was not provided water service by the City; and WHEREAS, the Developer constructed a water line from an existing water line to an area north of Ustick Road and east of Meridian Road, as shown in "Exhibit A", which water line is able to provide service to land north and south of Ustick Road to the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that the Total Service Area is approximately 74.7 acres, of which the Developer's Area is approximately 40 acres or 53.6% of the Total Service Area as shown in Exhibit "A" which is attached hereto and by .this reference incorporated as if set forth in full.; and WHEREAS, the water line constructed by the Developer wiil benefit land other than only the WATER LINE LATE COMERS AGREEMENT Page - 1 of 6 land developed by (Developer; that the land that can be served by the said water line is shown in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; that the developable land that can be served by the water line totals approximately 74.7 acres; that the existing developed areas that eventually connect to the, water line serviced by the City will be subject to the latecomer fees described herein; that 50%° of the land not included in the Developer's subdivision would be developed in ten years, the term that a late comers Agreement is allowed to run, and WHEREAS, the total cost of constructing the said water line borne by' the Developer was $38,868.00; whereas the water line will benefit Bedford Place 1 and 4 Subdivision which contains 40 acres, or 53.6% of the total azea to be benefited by the construction of the water line; therefore the cost to Developer to construct the water line to his own subdivision would be $20,819.93; that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $18,048.07; and then dividing by 50%° of the remaining number of acres that could be served by the water line, there should be a late comers fee of $1041.00, plus interest, per acre as shown in Exhibit "B". and WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter into water line extension and reimbursement agreements and that section further provides that water users who subsequently connect to the extended water line(s) shall be charged a ten (10}inch diameter water line equivalency fee; said fees are in addition to the connection and user charges normally assessed a user due to the fact the user has not contributed to the cost of the extended line; the above fee is hereafter referred to as "Late Comer Fee' ;the above ordinance section provides that the late corners fee maybe used to reimburse the person or persons so extending the water line(s). WATER LINE LATE COMERS AGREEMENT Page - 2 of 6 WHEREAS, pursuant to 9-1-12, the City is required to charge a Water Construction Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed proportionately towazd the costs and expenses of constructing a water line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the City water system, shall be required to pay an additional connection charge which shall be known and referred to as the "Water Construction Equivalency Fee". NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in full. 2. That the Developer has paid for engineering, planning and construction of the water line shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A". 3. The Developer has contributed $38,868.04 to total construction costs of the said water line; of which Developer is entitled to be reimbursed the sum of $18,048.07 plus interest, which represents land that could be served by the- water line but is not included in Developer's subdivision. 4. That for all land in Exhibit "A" subsequently connecting to the water line referred to in Exhibit "A", except the land in Bedford Place 1 and 4 Subdivision, the City will charge the sum of $1041.00 plus interest, per acre as shown in Exhibit "B"; such users shall hereafter be referred to as "LATE COMERS' ;that the charge is the water construction equivalency fee authorized in 9-1-1 Z and established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE' ;the fee is in addition to any other water charges for connection to the water system; the computation of the Late Comers Fee is shown on Exhibit "B" attached hereto and by this reference incorporated herein. WATER LINE LATE COMERS AGREEMENT Page - 3 of 6 • C 5. That all the late corner fees assessed above in Paragraph 4 shall be set aside and deposited to a special accourrt to be designated the "BEDFORD PLACE 1 AND 4 WATER PROJECT REIlVIBURSEMENT ACCOUNT" and shall reflect interest at a rate of 4% to be accrued on the unpaid balance once a year at the City's Fiscal Year End, 9130 each year for the term of the agreement, and shall be distributed quarterly to the Developer. 6. That the late comer fees assessed, which will go into the BEDFORD PLACE 1 AND 4 WATER PROJECT REIlVIBURSEMENT ACCOUNT, shall increase at a rate of 4°lo per annum as shown in Table I of Exhibit "B". 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the line shown in Exhibit "A" for the land also shown in Exhibit "A", except the land in Bedford Place 1 and 4 Subdivision. 8. That the City shall charge the BEDFORD PLACE 1 AND 4 WATER PROJECT REIIdIBURSEMENT ACCOUNT the 10% administrative charge as authorized under 9-1-13 . 9. That the City shall have prepared on an annual basis an audit of all. funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as-part of its administrative costs. 10. It is agreed that the water line(s) referenced in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 11 The term of this Agreement shall be until Developer has been reimbursed the principal sum of $18,048.07, plus urterest, as determined in Paragraph b, less the 10% administrative fee or, if this is not achieved, for a period often (10) years or, until such time the water line described herein is WATER L1NE LATE COMERS- AGREEMENT Page - 4 of 6 • abandoned. IiF the Developer has not been reimbursed the principal sum plus interest less administrative fees after ten (10} years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this _ day of , 200~.~' BY: CITY OF MERIDIAN ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK Approved By City Council: ',~q~a.u. THE BRIGHTON CORPORATION ~~: Gad 0 pp~~~'~~ ~ _ ~ O ~ ~~) ,~ s ~'~oFm+-~° By David W. Turnbull, President WATER LINE LATE COMERS AGREEMENT Page - 5 of 6 ~ ~ STATE OF IDAHO,) County of Ada, ) ss. On this _ day of , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to the that the CITY OF MERIDIAN executed the same. IN WITNESS WI~REOF, I have .hereunto set my hand and affixed my official seal the day and year first above written. SEAL STATE OF IDAHO,) NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES _ ss. County of Ada, ) On this~day o ~~ 00~'6efore me, the undersigned, a Notary Public in and for said State, personally appeared DA W. TURNBULL, known to me to be the President of THE BRIGHTON CORPORATIO ,and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my and year first above written. ~~A A, ~®~ ~ ~ * ~ ._ OF NOTARY P~I~,IC,~ RESIDING AT MY COMMISSION affixed my official seal the day l _,_, J WATER L1NE LATE COMERS AGREEMENT Page - 6 of 6 ~ ~ Bedford Place Subdivision Water Latecomers Agreement Exhibit "A" 12-inch Water Main Service Area N W E S 400 0 400 800 '1200 1600 Feet "EXHIBIT B" BEDFORD PLACE 1 and 4 WATER LINE LATE COMERS' AGREEMENT FEE COMPUTATIONS AREA DETERMINATION: Total Service Area =Gross Area - Existing Road/Street Right-O€ Way EXISTING ROAD/STREET RIGHT-OF-WAY (R/ W) Ustick Road R/ W 96 feet wide by 1320 long = 2.91 acres Weaver Interior streets R/W 50 feet wide by 1669 long = 1.92 acres Total Total Service Area = 79.50 Gross Acres -4.83 R/W = 74.57 acres Latecomers Area =Total Service Area -Developer's Area TOTAL SERVICE AREA: DEVELOPER'S AREA: LATE COMER'S A:RF.A OF' ACREAGE TOTAL 74.67 100.0 OF ACREAGE TOTAL 40.00 53.6- % OF ACREAGE TOTAL 34.67 46.4 ~v~ 4.83 Page 1 FEE COMPUTATION: DEVELOPER'S CONTRIBUTIOIV.• $ 38,868.00 Verified frown Billings PORTION ATTRIBUTABLE TO DEVELOPER'S SUI3DIVISION.• 53.6% x $ 38,86$.00 = $20,819.93 PORTION OF DEVELOPER'S CONTRIBU?70N ELIGIBLE FOR REIMBURSEMENT.• Total Service Area (100%) -Developer's Percentage =Percentage Eligible = 46,4% 46.4% x $ 38,868.00 = $18,048.07 LATE COMER FORMULA: (Eligible Reimbursement/ Late Comer's Service Area =Late Comer Fee per Acre) 18,048.07 = $520.50 34.67 .REIMBURSEMENT BASIS: Assume payback period of ten years and an overall. growth rate of 50% within the Late Comer area over that ten years. The Adjusted Late Comer fee per acre = $520.50 = $ 1,041.00 REIMBURSEMENT SCHEDULE: The developer paid the costs of installing the water line. The Late Comer fee paid by each parcel, or portion thereof, who connects to the subject water line will be paid per the above agreement. The fees assessed to each latecomer shall be adjusted annually on October 1st, at an annual percentage rate of 4% The latecomer fees shall be: Effective Date Latecomer Fee er Acre October 1, 2001 $ 1,041.00 October 1, 2002 $ 1,082.64 October 1, 2003 $ 1,125.94 October 1, 2004 $ 1,170.98 October 1, 2005 $ 1,217.82 October 1, 2006 $ 1,266.53 October I, 2007 $ 1,317.19 Octaber 1, 2008 $ 1,369.88 October I, 2009 $ 1,424.68 October 1 2010 $ 1,481.66 raoie ~ Page 2 • March 15, 2002 MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT ITEM NO. ~ - REQUEST Agreement for Professional Services Addendum -Ten Mile Interchange Sewer Study JUB Engineers AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached 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: ~ ~ Q~ ADA COUNTY HIGHWAY DISTRICT: V "- SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented of public meetings shall become properly of the Clty of Meridian. City of Meridian Public Works Dept. Memo To: Mayor Come ,Q From: Brad Watson, P.E. ~/~ CC: File, Gary Smith, PE, City Clerk Dafie: 3/15/2002 RECEIVED • ~,:~ + ~ ~; ~ ~; -r~ .'~Yiii ~ i'.; i:. CITY OF MERIDIAN CITY CLERK OFFICE Re: Proposed Agenda Items for March 19 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the March 19 City Council agenda, on the Consent Agenda, for Council's consideration (we would be happy to discuss any of the following items under Department Reports if you wish to pull these from the Consent Agenda): 1) Well No 21 & 22 Pumping Facilities Change Orders - SCADA System Upgrade. Please refer to enclosed memo from Len Grady to me. 2) Ashford Greens Water Latecomer Agreement -Brighton Corporation. This is a standard latecomer agreement with Brighton Corporation for their installation of a 12-inch water line in Black Cat Road as part of the Ashford Greens Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 3) Ashford Greens Pressure Sewer Latecomer Agreement -Brighton Comoration. This is a standard latecomer agreement with Brighton Corporation for their installation of a 6-inch pressure sewer line from the Ashford Greens Lift Station to the Ten Mile Sewer Trunk. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 4) Bedford Place Water Latecomer Agreement -Brighton F~n~eaeskof ~~ Comoration. This is a standard latecomer agreement ~Wp~ with Brighton Corporation for their installation of a 12- cayF inch water line in Ustick Road as part of the Bedford MeaidianPubliaworksDepaz~ner~rt 660 E Watertower Lase, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax (208) 887-1297 waLsonb~,dci.rneaidiaaidus • Page 1 • • Place Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 5) Agreement for Professional Services Addendum No. 2 - Ten Mile Interchange Sewer Study, JUB Engineers. JUB Engineers is requesting a second addendum to their agreement for professional services for this project As you are aware, the study was initiated at the request of Dakota Company who agreed to reimburse the City for the cost of the study. The cost of the project based on the original scope was $19,730. The first addendum covered additional costs associated with expanding the scope of the study to the entire Black Cat Trunk service area north of I-84 and south of Cheny Lane. That increase was for $3,700 for a total agreement amount of $23,430. This second contract addendum is for property owner contact and information gathering. A copy of the addendum and labor/equipment details is enclosed. It includes a time and materials, not to exceed, amount of $5,884. As I summarized at the Strategic Planning Workshop on March 12, we have asked JUB Engineers, at the request of City Councl, to contact property owners to determine their overall project interest, potential financial commitments, and intentions regarding easements. We will still require reimbursement of the original $19,730 from Dakota Company. The additional $5,884 would be the City's responsibilities, as-the additional work is not tied to the Eastbourne Investments interest alone. The total agreement amount would be $29,314. Recommended Council Action: approve Addendum No. 2 to the Agrnement for Professional Services with JUB Engineers for the Ten Mile Interchange Sewer Study to include a contract increase amount, on a time 8< material, not to- exceed basis, of $5,884.00, to be paid by the City of Meridian and not reimbursed by Dakota Company (or their assigns). 6) G8H Enterprises II (KFC/A&W) Water Line Easement. This is a standard easement agreement for a water line the City will own and maintain on the project site of Kentucky Fried ChickeNA & W Restaurant. A copy of the signed easement is enclosed. Recommended Council Action: Approval We request that the following items be placed on the March 19 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) White Drain Trunk Sewer Permanent and Temporary Construction Easement - John Kennedy. We respectfully request this item be tabled to the March 26 City Council meeting. I expect some additional discussion with Council that may be more appropriate for that non-land use meeting. • Page 2 • • 2) White Drain Sewer Trunk -Aware! of Contract. Bids were received February 27 for the construction of the White Drain Sewer Trunk. The eight bids were: Thueson Construction (Nampa) Sommer Construction (Nampa) Owyhee Construction (Boise) Brown Construction (Nampa) MASCO (Boise) T.A. Dibble Excavation (Boise) (arithmetic e-mr caused Bodiford Construction Boise) S-2 Construction (Oregon City) Engineer's Estimate $994,060.10 $1,139,275.50 $1,161,000.00 $1,258,476.50 $1,304,824.90 $2,129,858.20 extremely high bicl) $1,530,478.10 $1,544,980.00 $1,497,949.00 Sommer Construction submitted a formal protest of Thueson Construction's bid for several reasons including lads of corporate seal on bid, absence of notary statement/seal on bid bond and experienk~/qualifications. We have contacted references, met with Thueson Construction and met with Bill Nichols twice so far on this matter. After our meeting with Mr. Nichols this morning, it is apparent we need to gather even more information in order to make a wntract award recommendation to City Coundl. We would recommend this matter be tabled until the March 26, 2002 City Councl meeting. 3) Latecomers Acreement Request From Jackson's Food Stores. We n:spedfully request this item be tabled until the March 26, 2002 City Coundl meeting to allow the Public Works staff to discuss and formulate a recommendation. This request was submitted very recently and we were unaware it would be on the agenda so quickly. Thank you. Please contact me if you have any questions regarding any of these items. • Page 3 J-U-B ENGINEERS, Inc. ADDENDUM N0.~1' Z J-U-B Project Number 11757 City of Meridian -Ten Mile Interchange Sewer Study ATTACHMENT #1 -SCOPE OF SERVICES SECTION 1 -PROJECT UNDERSTANDING 1.1 The CITY intends to complete preliminary contact with affected property owners along the 10 Mile Diversion Trunk Corridor, the Purdam-Black Cat Trunk Corridor, and related 9,000 gpm Black Cat Lift Station as recommended in the Final Draft Ten-mile Interchange Sewer Study dated March 2002. A significant portion of the project is located on private property requiring private easements. The CITY's goals are to gather public input on the project, concerns, issues, timelines, and ascertain general acceptance of the project. SECTION 2 -CITY RESPONSIBILITIES The following information and/or services are to be provided by the CITY without cost to J-U-B. 2.1 Provide ongoing review of J-U-B's work and timely consideration of policy issues within a time acceptable to both the CITY and J-U-B. 2.2 Provide copies of the proposed comprehensive planning maps to determine probable future land uses in the area. Provide in digital format, aerial base mapping {COMPASS data) in the subject study area. 2.3 Assign a CITY representative who will serve as a project liaison with J-U-B and affected property owners. 2.4 Provide all informational mailings that may be required for the project. SECTION 3 • SERVICES TO BE PROVIDED 3.1 PRELIMINARY EXHIBITS A. J-U-B shall prepare an exhibit drawing of the preferred trunk sewer alignments and the proposed location of the 9,000 gpm pump station using CITY provided aerial base mapping and the exhibits completed in the Ten Mile Interchange Study. The exhibit will use the Ada County G.I.S. base map for property ownerships, topography, and aerial topography. The exhibit will be in color and show the overall project at a scale of 1 "=200'. Individual exhibits for each property will not be provided. Property ownership will be research using the Ada County G.I.S. database. City of Mend-an -Ten Mile Interchange Sewer Study Addendum No. 1, Attachment 1-Page - 7 J-U-B ENGINEERS, Inc. ~ ! 3.2 PUBLIC INVOLVEMENT SERVICES A. Property Owner Interviews Prior to contacting individual property owners, J-U-B will develop an interview outline with a proposed list of topic questions. The outline will be submitted to the CITY for review, and revised accordingly. The interview questions will be general for informational purposes, and not entail specific easement negotiations. J-U-B will contact property owners along the trunk sewer corridors and target lift station site. J-U-B shall meet individually with each affected property owners and conduct the interviews. For the purpose of estimating fees, one (1) meeting, one (1) hour in duration is assumed for each of the affected property owners. An assumed number of property owners to be contacted are listed on Attachment "B". B. Informational Summary J-U-B shall provide a summary memorandum of each interview and compile in a summary document. Additionally, an overall checklist summary will be prepared listing property owner name, and informational highlights. J-U-B shall prepare a summary exhibit showing properties in question, and information of interest. J-U-B will submit three (3) draft copies of the documents to the CITY for review and comment. J-U-B shall meet with the CITY to review the information. J-U-B will incorporate CITY review comments and publish (12) final copies of the summary document. C. City Council Workshop Meeting J-U-B shalt assist CITY staff in presenting the status of the public involvement to the City Council. J-U-B shall complete a summary exhibit drawing with handouts to be used in the presentation. J-U-B shall prepare a brief presentation to the Council which will address the following: • Goal of initial public involvement process • Generalized Findings: 1. Properties which appear favorable to project (granting easements), or unfavorable; 2. Properties which may actively participate in project; and 3. Development timelines of project. • Recommendations 3.3 BUDGETING SUPPORT A. J-U-B will assist the City with estimating preliminary and final design fees, easement acquisition costs, etc., as deemed appropriate for fiscal year 2003 budgeting purposes. City of Men~an -Ten Mite Interchange Sewer Study Addendum No. 1, Attachment 1-Page - 2 J-U-B ENGINEERS, Inc. SECTION 4 -SCHEDULE OF SERVICES 4.1 SCHEDULE The work will be completed in a timely manner upon authorization from the CITY. J-U-B intends to complete the informational meetings within 3 to 4 weeks of authorization and preferably by mid-April, 2002. However, the availability of the property owners is unknown which may impact schedule. SECTION 5 -COST OF SERVICES Work described in the Amendment shall be performing on a time and materials basis with an estimated budget of between $4,000 and $6,000. A labor and equipment detail for these services is presented on Attachment "B". F:\projectmanagers\tjh\11757\admin\addendum no.1 agreement attach A-1.doc City of Meri~an -Ten Mee Interchange Sewer Study Addendum No. 1, Attachment 1-Page - 3 ~ ~ ~ ~ ~~ ~ ao ~- ~ ~ ~ N c'G ~c 7 c~S ~ ~ S ~ ~ _ ~ Y M vs a a ~a v- f i ~ A ! ~ H ~ t o ~ W ~ ~ ~ 3 -~ °~ ~ ~ ~ ~v ~ ~ itS ~ ~ ~ ~ ui ~ Y }g ~ wa fa ~~~ to ._ g 0 0 o ~ 0 o U ai ~ c p OO u~ O ~ C to 0 u~ 0 ~ 0 ~n ~ ~ o cd ~ ~ o ~ ~ O w S ~ •- C ~ u~ G ~n ~ O O ~ D O ~ ~~ ' W ~ ~ a ~ ~ ° ° `~i `~i 0 0 ~, d w rn ~ G ~ O .- C N C ~ C ~ C ~ C ~ .- C ~ O N C O ~ J ag ~ W a o ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a g ~ c7 ~ ~ ~ ~ ~ ~ w ~ Y Z W Y ~ - c .t5 ~ w d ~ .a o ~ 'i E ~ v ~ ~{ d Q a W W ~ a ~ -~- ~ ~ U ~ ~ ~ w Z ~ iL w D x ~ ~ ~ ~ ~ o ~ ~ ` y ~ IZ m F,- ~ vwi w $ ' ~ ~ ~ ~ a Q m ~~~ ~: Z ~ W ~ W d ~ g LL G = oWa ~ p3 ~ V Q Q W ~ Y r • • ~f J-U-B ENGINEERS, Inc. C 50 S. Beechwood Avenue, Suite 201 • Boise, Idaho 83709-0944 • Telephone (208) 376-7330 • FAX (208) 323-9336 AUTHORIZATION FOR ADDITIONAL SERVICES ( CLIENT: C ~ ~ M~'fln~A~1 PROJECT NAME: ~.-:1 ~~- S~~' STNS J-U-B Project Number: ~ ~ ~~ The following additional items of work on the project referenced above have been or will be provided by J-U-B ENGINEERS, Inc. These additional services are a supplement to the scope of services conta'ned in J-U-B's existing Agreement for Engineering Services for the project, dated S I ~ OI Additional Services: SE>>= b" ' "' ~~ A.oo~ENOVrrH No 1 ~~ f J-U-B ENGINEERS, Inc. was verbally authorized to provide these services by: Name Date Unless otherwise noted below, J-U-B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the firm's standard billing rates or, if applicable, the billing rates established in the Agreement for Engineering Services. Other Basis for Payment: ~~ -~~ Dated this 15 day of ~'~'~ , y~• 2mO2 Q,,,,~,,N,oIB, founcA/ 3~/9~QZ tw• Gl. AF ~ q ~ s.+1 f ; ' . Print o e Client Name ~~~ ~~"'`' ,~tF~1 ~ .~ ~~ ' ~~ J-U-B ENGINEERS, Inc. ,~ ~ ; ~~ Cli nt Representative Signature .~y '~`~'''~ ~,~ Project Represe five Signature/A~y~{/~~~~ ~ ~ ~~ \\ ` r Print or pe Name and Ttle '~ ,~~.~t~,.A> `" Print or Type Name and Title Y~~+ / A„ ~ ~ i""`~ ~ ~!'4 ~{ November 1994 `rr~~~~i~tt h '~ ~; ~'r r 7'.li~G~/ ~ µ ~T Lc~ i //ir....^ G, aoV+9 ~ T . ~ C i ~y ClQ r~ . ' ? y J-U-B ENGINEERS, Inc. ~ - ADDENDUM N0. 1 J-U-B Project Number 11757 City of Meridian -Ten Mile Interchange Sewer Study ATTACHMENT #1 -SCOPE OF SERVICES SECTION 1 -PROJECT UNDERSTANDING 1.1 The CITY intends to complete preliminary contact with affected property owners along the 10 Mile Diversion Trunk Corridor, the Purdam-Black Cat Trunk Corridor, and related 9,000 gpm Black Cat Lift Station as recommended in the Final Draft Ten-mile Interchange Sewer Study dated March 2002. A significant portion of the project is located on private property requiring private easements. The CITY's goals are to gather public input on the project, concerns, issues, timelines, and ascertain general acceptance of the project. SECTION 2 -CITY RESPONSIBILITIES The following information and/or services are to be provided by the CITY without cost to J-U-B. 2.1 Provide ongoing review of J-U-B's work and timely consideration of policy issues within a time acceptable to both the CITY and J-U-B. 2.2 Provide copies of the proposed comprehensive planning maps to determine probable future land uses in the area. Provide in digital format, aerial base mapping (COMPASS data) in the subject study area. 2.3 Assign a CITY representative who will serve as a project liaison with J-U-B and affected property owners. 2.4 Provide all informational mailings that may be required for the project. SECTION 3 -SERVICES TO BE PROVIDED 3.1 PRELIMINARY EXHIBITS A. J-U-B shall prepare an exhibit drawing of the preferred trunk sewer alignments and the proposed location of the 9,000 gpm pump station using CITY provided aerial base mapping and the exhibits completed in the Ten Mile Interchange Study. The exhibit will use the Ada County G.I.S. base map for property ownerships, topography, and aerial topography. The exhibit will be in color and show the overall project at a scale of 1 "=200'. Individual exhibits for each property will not be provided. Property ownership wilt be research using the Ada County G.I.S. database. City of Meridian -Ten Mile Interchange Sewer Study Addendum No. 1, Attachment 1 -Page - 1 ' J-U-B ENGINEERS, Inc. 3.2 PUBLIC INVOLVEMENT SERVICES A. Property Owner Interviews Prior to contacting individual property owners, J-U-B will develop an interview outline with a proposed list of topic questions. The outline will be submitted to the CITY for review, and revised accordingly. The interview questions will be general for informational purposes, and not entail specific easement negotiations. J-U-B will contact property owners along the trunk sewer corridors and target lift station site. J-U-B shall meet individually with each affected property owners and conduct the interviews. For the purpose of estimating fees, one (1) meeting, one (1) hour in duration is assumed for each of the affected property owners. An assumed number of property owners to be contacted are listed on Attachment "B". B. Informational Summary J•U-B shall provide a summary memorandum of each interview and compile in a summary document. Additionally, an overall checklist summary will be prepared listing property owner name, and informational highlights. J-U-B shall prepare a summary exhibit showing properties in question, and information of interest. J-U-B will submit three (3) draft copies of the documents to the CITY for review and comment. J-U-B shall meet with the CITY to review the information. J-U-B will incorporate CITY review comments and publish (12) final copies of the summary document. C. City Council Workshop Meeting J-U-B shall assist CITY staff in presenting the status of the public involvement to the City Council. J-U-B shall complete a summary exhibit drawing with handouts to be used in the presentation. J-U-B shall prepare a brief presentation to the Council which will address the following: Goal of initial public involvement process Generalized Findings: 1. Properties which appear favorable to project (granting easements), or unfavorable; 2. Properties which may actively participate in project; and 3. Development timelines of project. Recommendations 3.3 BUDGETING SUPPORT A. J-U-B will assist the City with estimating preliminary and final design fees, easement acquisition costs, etc., as deemed appropriate for fiscal year 2003 budgeting purposes. City of Meridian -Ten Mile Interchange Sewer Study Addendum No. 1, Attachment 1 -Page - 2 s J-U-B ENGiNEEAS, Inc. ~ _ SECTION 4 -SCHEDULE OF SERVICES 4.1 SCHEDULE The work will be completed in a timely manner upon authorization from the CITY. J-U-B intends to complete the informational meetings within 3 to 4 weeks of authorization and preferably by mid-April, 2002. However, the availability of the property owners is unknown which may impact schedule. SECTION 5 -COST OF SERVICES Work described in the Amendment shall be performing on a time and materials basis with an estimated budget of between $4,000 and $6,000. A labor and equipment detail for these services is presented on Attachment "B". 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', i i I I ~ I i ~ i ~ i i l i I O bpi i I i I D c71 ~ yi ~ I I I a i ~ ~ D~ ao ~' a I is I <~"'„ I i ~ r ~ ~ li ~ w , I~ ~ I N <n I i • March 15, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST G8~H Enterprises II (KFC/A8~W) Water Line Easement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY ~'~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. March 19, 2002 ITEM NO. ~ _ ~ City of Meridian Public Works Dept. Memo To: Mayor Come From: Brad Watson, P.E. ~~~ CC: File, Gary Smith, PE, City Clerk • RECEIVED _ -~~ CITY OF MERIDIAN CITY CLERK OFFICE Date: 3/15/2002 Re: Proposed Agenda Items for March 19 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the March 19 City Council agenda, on the Consent Agenda, for Council's consideration (we would be happy to discuss any of the following items under Department Reports if you wish to pull these from the Consent Agenda): 1) Well No. 21 & 22 Pumping Facilities Change Orders - SCADA System Upgrade. Please refer to enclosed memo from Len Grady to me. 2) Ashford Greens Water Latecomer Agreement -Brighton Corporation. This is a standard latecomer agreement with Brighton Corporation for their installation of a 12-inch water line in Black Cat Road as part of the Ashford Greens Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 3) Ashford Greens Pressure Sewer Latecomer Agreement -Brighton Comoration. This is a standard latecomer agreement with Brighton Corporation for their installation of a 6-inch pressure sewer line from the Ashford Greens Lift Station to the Ten Mile Sewer Trunk. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 4) Bedford Place Water Latecomer Agreement -Brighton Fromrheaestco£.. Comoration. This is a standard latecomer agreement >~aw~«~,r.E. with Brighton Corporation for their installation of a 12- ~~, inch water line in Ustick Road as part of the Bedford Me~idiar,FuhlicwotlcsDepatauen2 660 E. WateRower Lace, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax (208) 887-1297 • Page 1 watsanb([~cti.maidiaaidus C~ Place Subdivision project. Fees have been collected and will be paid upon execution. Recommended Council Action: Approval 5) Agreement for Professional Services Addendum No. 2 - Ten Mile Interchange Sewer Study. JUB Engineers. JUB Engineers is requesting a second addendum to their agreement for professional services for this project. As you are aware, the study was initiated at the request of Dakota Company who agreed to reimburse the City for the cost of the study. The cost of the project based on the original scope was $19,730. The first addendum covered additional costs associated with expanding the scope of the study to the entire Black Cat Thank service area north of I-84 and south of Cherry Lane. That increase was for $3,700 for a total agreement amount of $23,430. This second contract addendum is for property owner contact and information gathering. A copy of the addendum and labor/equipment details is enclosed. It includes a time and materials, not to exceed, amount of $5,884. As I summarized at the Strategic Planning Workshop on March 12, we have asked JUB Engineers, at the request of City Council, to contact property owners to determine their overall project interest, potential financial commitments, and intentions regarding easements. We will still require reimbursement of the original $19,730 from Dakota Company. The addfional $5,884 would be the City's responsibilities, as the additional work is not tied to the Eastbourne Investment's interest alone. The total agreement amount would be $29,314. Recommended Council Action: approve Addendum No. 2 to the Agreement for Professional Services with JUB Engineers for the Ten Mile Interchange Sewer Study to include a contract increase amount, on a time >iK material, not to- exceed basis, of $5,884.tm, to be paid by the City of Meridian and not reimbursed by Dakota Company (or their assigns). 6) G&H Enterprises II (KFC/A&W) Water Line Easement. This is a standard easement agreement for a water line the City will own and maintain on the project site of Kentucky Fried Chicken/A & W Restaurant A copy of the signed easement is enclosed. Recommended Council Action: Approval We request that the following items be placed on the March 19 City Council agenda, under Public Works Department Reports, for Council's consideration: 1) White Drain Trunk Sewer Permanent and Temporary Construction Easement - John Kennedy. We respectfully request this item be tabled to the March 26 City Council meeting. I expect some additional discussion with Council that may be more appropriate for that non-land use meeting. • Page 2 • 2) White Drain Sewer Trunk -Award of Contract. Bids were received February 27 for the construction of the White Drain Sewer Trunk. The eight bids were: Thueson Construction (Nampa) Sommer Construction (Nampa) Owyhee Construction (Boise) Brown Construction (Nampa) MASCO (Boise) T.A. Dibble Excavation (Boise) (arithmetic e-ror caused Bodiford Construction Boise) S-2 Construction (Oregon City) Engineer's Estimate $994,060.10 $1,139,275.50 $1,161,000.00 $1,258,476.50 $1,304,824.90 $2,129,858.20 ext-eme/y high bic~ $1,530,478.10 $1,544,980.00 $1,497,949.00 Sommer Construction submitted a formal protest of Thueson Construction's bid for several reasons inGuding lack of corporate seal on bid, absence of notary statement/seal on bid bond and experience/qual'fications. We have contacted references, met with Thueson Construction and met with Bill Nichols twice so far on this matter. After our meeting with Mr. Nichols this morning, it is apparent we need to gather even more information in order to make a contract award recommendation to City Council. We would recommend this matter be tabled until the March 26, 2002 City Council meeting. 3) Latecomers Agreement Request From Jackson's Food Stores. We respectfully request this item be tabled until the March 26, 2002 City Counal meeting to allow the Public Works staff to discuss and formulate a recommendation. This request was submitted very recently and we were unaware it would be on the agenda so quickly. Thank you. Please contact me if you have any questions regarding any of these items. • Page 3 WATER MAIN EASEMENT THIS INDENTURE, made this I I{~' day of February , 2002 between G&H Enterprises II , an Idaho Partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideratiori,'•`the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair, replacemente~ a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement Page l EASMT. WTR.62701.doc THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Jona an G. Gibbs -Administrative Partner G&H Enterprises II, an Idaho Partnership STATE OF IDAHO ) ss County of Ada ) On this 11th day of February, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Jonathan G. Gibbs ,known or identified to me to be an administrative partner in the partnership of G&H Enterprises II, and an administrative partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~eeeeeaeo ®~®~~,~~ ~ g ~ All 4 A ~~ t~®~ ~ J~TT8L1 ~® ''•~ ~-r • P '~gr88_P10 OTARY PUBLIC FOR IDAHO iding at ,~o~ rc ~~Q~ o emission Expires: ~ ~ ~ 8 Water Main Easement Page 2 EASMT. WTR.62701.doc GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: ,x. ,tr Water Main Easement Page 3 EASMT. WTR.6270 l .doc ~• ~ ~• ~ ~ ~l2(Y. 5505 W. Franklin Road • Boise, Idaho 83705-1055 City of Meridian Public Waterline Easement KFC -Meridian Road 31 January 2002 A strip of land located in U.S. Government Lot 2 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 18; thence S00°49'05"W, 2,654.18 feet along the westerly boundary of said Section 18 to the southwest corner of said U.S. Government Lot 2; thence N11°26'16"E, 218.76 feet along a random line to the easterly right-of-way of Meridian Road and to Point "A"; thence S58°57'26"E, 70.75 feet along the northeasterly right-of-way of Meridian Road to the northwesterly right-of-way of 1St Street; thence N30°21'00"E, 130.58 feet along the northwesterly right-of-way of 1St Street; thence N31 °02'34"E, 160.96 feet aging the northwesterly right-of-way of 1St Street to the Real Point of Beginning: Thence the following courses and distances along the centerline of a strip of land 20.00 feet in width, 10.00 feet on each side of said centerline: N58°57'19"W, 31.44 feet; S31 °02'41 "W, 80.51 feet; N89°10'55"W, 138.82 feet to the easterly right-of-way of Meridian Road, which is also the Point of Terminus, which bears N00°49'05"E, 163.34 feet from the above described Point "A" NW Cor. Sec. 18 40 3: ~~~ O:~ a: a: Q-h o:~o O•N ~• 3 h 0 O~ Q O O N 29'03 '2l "E 4. 00 O C N ~ 4i •~ 'n O • ` o~ ~ v o 0 2 40 ° ~6\ .sue •. ~•. ti.-~ \: ,~ o: ~ o:. .: ti ~:' • ~ SW Cor. US LOT 2 N 3 / °02 ' 34 "E 22. 54 ° BEARING N 58°57 ' 19 "W ICFC - Meridian Road City of Meridian Waterline Easement 31 January 2002 B & A Engineers, Inc° 208-343-3381 DISTANCE 3/.44" CITY OF l~ERIDIAN • PUBLIC WORKS DEPARTMENT LETTER OF TRANSMITTAL Date: ~ - ~' Qp~ To: ~~~~ RECEI~TED MAR 2 0 2002 From: Karie A Glenn Dept. Specialist Supervisor City of.Meridiar~ City Clerk Office Subject: Enclosed are the followin COPIES: . ' ~ z ,~~ ~ ; ,~ .~ ~, v ~~ ~,.~ : ~ ., ^- L ~ ~W These are transmitt d: ^ For your ~or action ^ For review ^ For your use ^ As requested information specified below and comment Remarks: ~ ~-~ ~~~ ~ . Copy to: File 660 E. Watertower, Ste. 200 Meridian, Idaho 83642 (208) 898-5500 Fax (208) 887-1297 • WATER MAIN EASEMENT THIS INDENTiJRE, made this I ({~' day of February , 2002 between G&H Enterprises II , an Idaho Partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement Page 1 EASMT.WTR.62701.doc • THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Jona an G. Gibbs -Administrative Partner G&H Enterprises II, an Idaho Partnership STATE OF IDAHO ) ss County of Ada ) On this 11th day of February, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Jonathan G. Gibbs ,known or identified to me to be an administrative partner in the partnership of G&H Enterprises II, and an administrative partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~sea~~aq ~~~~~~ ~~~tl '~ ~'y'~' ~Q~/,~~' ~ OTARY PUBLIC FOR IDAHO d - ~ S L«® 2. siding at ~o~~c ~~w~ o ~ ~ p~~~~+ ® ommission Expires: ~ L ~ 8 .,erg ~ ~o Water Main Easement Page 2 EASMT.WTR.62701.doc GRAN E: CITY OF MERIDIAN R~ rt D. Corrie, Mayor l est by William G. Berg, Ci ler ,~Y~'zf~l~~~-~£' r~ ~~ s _~ ~~ rs ~+ r ~ .~*:~ ~F, ~' 1.'„y nty,,,.ww wr {` ~~~.~" .::ps. Lei ."_... -~ Approved By City Council On: ~ - l ~! Water Main Easement Page 3 EASMT. W TR.62701.doc ~. G~? ~. (~ ~ ~ eY'!'fl/. 5505 W. Franklin Road • Boise, Idaho 83705-1055 City of Meridian Public Waterline Easement KFC -Meridian Road 31 January 2002 A strip of land located in U.S. Government Lot 2 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 18; thence S00°49'05"W, 2,654.18 feet along the westerly boundary of said Section 18 to the southwest corner of said U.S. Govemment Lot 2; thence N11 °26'16"E, 218.76 feet along a random line to the easterly right-of-way of Meridian Road and to Point "A"; thence S58°57'26"E, 70.75 feet along the northeasterly right-of--way of Meridian Road to the northwesterly right-of--way of 1St Street; thence N30°21'00"E, 130.58 feet along the northwesterly right-of--way of 1St Street; thence N31 °02'34"E, 160.96 feet along the northwesterly right-of-way of 1St Street to the Real Point of Beginning: Thence the following courses and distances along the centerline of a strip of land 20.00 feet in width, 10.00 feet on each side of said centerline: N58°57'19"W, 31.44 feet; S31 °02'41 "W, 80.51 feet; N89°10'55"W, 138.82 feet to tf Meridian Road, which is also the bears N00°49'05"E, 163.34 feet Point "A" e easterly right-of-way of Point of Terminus, which from the above described NW Cor. Sec. l8 40 ' 3: ~~~ o:~ o,: a; 3 p~N ~ N ~ O h; Q ~ O I Of O hl C .~ ~ W '~ ~n O Q. L o. ~ N ;r ~.~; o 'O O 2 40' ~B . ~~/ .~~ . ` 20' Waterline /poi. Easement p~h\ "~~ 0/ 5 _ N 89'l0'S5'W _ ~ .~ 138.82 _/ ,~y~` .O'ff' Ap ~~ gyp' ~ \ 0 ' • >. 6 . .\ sue N: ~ ^ o: ~; o: ~: h _: sw cor. US LOT 2 .~ '~ L I NE pp • L I ,~~ h~ „~O „~O N 29'03 '2 / 'E 4.00 ' N 3I'02'34'E 22.54' BEAR / NG D !STANCE N 58'S7'l9'W 31.44' KFC - Meridian Road City of Meridian Waterline Easement 31 January 2002 B & A Engineers, lnc. 208-343-3381 RECORDED - REQUtST G~ au"";+ ~0;1ldTY RECORDER ~~~~-ta"'~ s, pAVIO MAVARRO WATER'M~1~7AEASEMENT FEE DEPUTY ~. tizooz~-3 Ply ~~21 ~' t 02039547 THIS INDENTURE, made this II ~' day of February , 2002 between G&H Enterprises II , an Idaho Partnership, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement Page 1 EASMT.WTR.62701.doc THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Jona an G. Gibbs -Administrative Partner G&H Enterprises II, an Idaho Partnership STATE OF IDAHO ss County of Ada ) On this 11th day of February, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Jonathan G. Gibbs ,known or identified to me to be an administrative partner in the partnership of G&H Enterprises II, and an administrative partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written ~~_ _ ~ n A ~o- r a w !°~~4, • $ Bd1Atl .~i~ }pTA~A ~: z~z ~ :~r8 ~ ~o~ OTARY PUBLIC FOR IDAHO esiding at ,$o~~c. ~~a~o ommission Expires: ~ z o 8 Water Main Easement Page 2 EASMT.WTR.62701.doc GRAN E: CITY OF MERIDIAN Rod rt D. Corrie, Mayor est by William G. Berg, Ci ler iCtt~-+~++~'3±fx ~ i~:• ~` ~ " `~. ~ ~ ,w x 9~. Y~ AH .- .. p. ~.-~,.r n Approved By City Council On: ~ ~ l ~~ Water Main Easement Page 3 EASMT.WTR.62701.doc ~. C~7 ~. ~ ~ ~!?,li. 5505 W. Franklin Road • Boise, Idaho 83705-1055 City of Meridian Public Waterline Easement KFC -Meridian Road 31 January 2002 A strip of land located in U.S. Government Lot 2 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 18; thence S00°49'05"W, 2,654.18 feet along the westerly boundary of said Section 18 to the southwest corner of said U.S. Government Lot 2; thence N11 °26'16"E, 218.76 feet along a random line to the easterly right-of-way of Meridian Road and to Point "A"; thence S58°57'26"E, 70.75 feet along the northeasterly right-of--way of Meridian Road to the northwesterly right-of--way of 1St Street; thence N30°21'00"E, 130.58 feet along the northwesterly right-of--way of"1St Street; thence N31 °02'34"E, 160.96 feet along the northwesterly right-of--way of 1St Street to the Real Point of Beginning: Thence the following courses and distances along the centerline of a strip of land 20.00 feet in width, 10.00 feet on each side of said centerline: N58°57'19"W, 31.44 feet; S31 °02'41 "W, 80.51 feet; N89°10'55"W, 138.82 feet to the easterly right-of-way of Meridian Road, which is also the Point of Terminus, which bears N00°49'05"E, 163.34 feet from the above described Point "A" .: NW Cor. Sec. I8 I 40' 3: ~' ao O:~ Of : Q; Q~h O:~O O•N h• h O a Q O O h O C ~ W •~ 'n 0 L a G) v o 0 40 ' Y M~• J-• ~.: ~ .:'~ o: e o:. ~: h ~~ SW Cor . US LOT 2 N 29'03 '2I "E. 4.00 ' N 3 /'02 ' 34 "E 22.54 ' BEARING N 58'57' l9'W KFC - Meridian Road City of Meridian Waterline Easement 31 January 2002 B & A Engineers, Inc. 208-343-3381 DISTANCE 3/.44' • March 15, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT Meridian Fire Department -Chief Bowers ITEM No. ~ - REQUEST Addendum to Joint Powers Agreement between City of Meridian and Meridian Rural Fire Protection AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See Attached Memorandum ~~~ OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become properly of the City of Meridian. • • Meridian Fine Department 540 E. Franklin Road Meridian, ID 83642 208-888-1234 Fax 208-895-0390 RECEIVED e m O CITY OF N1ERfDIAN CITY CLERK OFFICE To: Mayor Robert Corrie, City Council Members, City Clerk Will Berg From: Ken W. Bowers Date: 3/12/02 Re: Addendum to Joint Powers Agreement This Addendum explains the percentage of ownership for the land and property at 3545 N. Locust Grove Road. Attorney Bill Nichols and John Fitzgerald have made their changes. I need Mayor Corrie to sign and the City Clerk to attest, so I can add this Addendum to the Joint Powers Agreement between the City of Meridian and Meridian Rural Fire Protection. If you have any questions please contact me. lam/ Ken W. Bowers, Chief Meridian Fire Department • Page 1 •. THIRD ADDENDUM TO EXHIBIT "C" OF CITY OF MERIDIAN MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT JOINTLY OWNED REAL PROPERTY: 1. Property located at 3545 North Locust Grove Road, Meridian, Idaho: The Meridian Rural Fire Protection District, upon payment of 74% of the purchase price paid to obtain said property from the City of Ivleridian, conveys an undivided 74% interest in the real property located at 3545 North Locust Grove Road, Meridian, Idaho, to the City of Meridian, and will issue a Bargain and Sale Deed to said real property, more particularly described as follows: A portion of the SE1/4SE1/4 of Section 31, T.4N., R.lE., B.M., Ada County, Idaho descnbed as follows: Commencing at the Southeast comer of the Northeast Quarter of the Southeast Quarter of said Section 31; thence South 220.44 feet; thence West 186.76 feet; thence North 220.44 feet; thence East 186.76 feet to the place of beginning. EXCEPT therefrom right-of--way for North Locust Grove Road over the Easterly boundary thereof. Together with all and singular tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. Subject to all easements, rights of way, restrictions, and reservations of record or appearing on the land. DATED this ~ day of , 2001. oG d~6 r CITY OF MERIDIAN By: Mayor Robert D. Come ATTEST: By: City Clerk MERIDIAN RURAL FIRE PROTECTION DISTRICT By: ~- Chairman ATTEST: By: ~ ~-- S ecretary THIRD ADDENDUM TO EXHIBIT "C" OF CITY OF MERIDIAN MERIDIr~\ RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT, PAGE -1- • MERIDIAN RURAL FIRE PROTECTION DISTRICT RESOLUTION NO.0?4~ /~z A Resolution of the Board of Commissioners of the Meridian Rural Fire Protection District, setting forth certain findings and purposes; authorizing ~' - rha~rrrian and Secretary to sign and enter into the THIRD ADDENDUM TO EXHIBIT "C" ~. "''T RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AI` _ SERVICE CONTRACT AND JOINT EXERCISE OF POWER ~ ~ ~ ~( ~~ ;ich is attached hereto as Exhibit "A," and by this reference made a ND SALE DEED, a copy of which is attached hereto as Exhibit "B a part hereof. WHEREAS, it is in the best interest of the Meridian Rura it ~ join with the City of Meridian, and enter into the THIRD ADDENDUM TO EXHIBIT "C" CITY OF MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT and BARGAIN AND SALE DEED, copies of which are attached hereto, in order to transfer an undivided 74% interest, as tenant in common, in~that certain real property located at 3545 North Locust Grove Road, Meridian, Idaho, and more particularly described therein, in exchange for payment from the City of Meridian in the amount of 74% of the purchase price paid by the Meridian Rural Fire Protection District to obtain said real property. NOW, THEREFORE, be it resolved and the Board of Commissioners of the Meridian Rural Fire Protection District hereby resolves as follows: 1. The Chairman and Secretary are hereby authorized to join with the City of Meridian and to enter into the THIRD ADDENDUM TO EXHIBIT "C" OF CITY OF MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT and BARGAIN AND SALE DEED, copies of which are attached hereto, with the City of Meridian and to bind the Meridian Rural Fire Protection District to the terms and conditions therein, in exchange for the payment referenced herein. PASSED BY THE BOARD OF COMMISSIONERS OF THE MERIDIAN RURAL FIRE PROTECTION DISTRICT this ~C? day of~,S~p#~/~~' 2001. ~G7 c r Attested: Secretary MERIDIAN RURAL FIRE PROTECTION DISTRICT By: Chairman MERIDIAN RURAL FIRE PROTECTION DISTRICT Resolution No. Page 1 of 1 • EXHIBIT A • THIRD ADDENDUM TO EXHIBIT "C" OF CITY OF MERIDIAN MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT JOINTLY OWNED REAL PROPERTY: 1. Property located at 3545 Nortl: Locust Grove Road, Meridian, Idaho: The Meridian Rural Fire Protection District, upon payment of 74% of the purchase price paid to obtain said property from the City of Meridian, conveys an undivided 74% interest in the real property located at 3545 North Locust Grove Road, Meridian, Idaho, to the City of Meridian, and will issue a Bargain and Sale Deed to said real property, more particularly described as follows: A portion of the SE1/4SE1/4 of Section 31, T.4N., R.lE., B.M., Ada County, Idaho described as follows: Commencing at the Southeast comer of the Northeast Quarter of the Southeast Quarter of said Section 31; thence South 220.44 feet; thence West 186.76 feet; thence North 220.44 feet; thence East 186.76 feet to the place of beginning. EXCEPT therefrom right-of--way for North Locust Grove Road over the Easterly boundary thereof. Together with all and singular tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. Subject to all easements, rights of way, restrictions, and reservations of record or appearing on the land. DATED this ~ day of~-~~ger, 2001. Qc, d~l6 r CITY OF MERIDIAN MERIDIAN RURAL FIRE PROTECTION DISTRICT By ~ By: cam/ . ayor Robert D. Corrie Chairman TEST: ,,~~ ~,`, '' ``ATTEST: ,: ~ ,~ ,. G" ~. ^. ~ t i h ~. ~ Y~ !° ~ ~~ By .~~r~.. ! ~~;~ y City Clerk = p~ ~~~` Secretary ~,.t. ~"Wwv.T.WF.~~b Nb i,:~~ F\rf ~_ THIRD ADDENDiJNi TO EXHIBIT "C ~F~`~I~'Y~OF MERIDIAN MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTTNG~AND~LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT, PAGE -1- EXHIBIT B 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 28th day of March in the year of 2002 (/n words, indicate day, month and year) BETWEEN the Owner: (Nattte, address and otherinfomlatioit) City of Meridian 33 E. Idaho Meridian. ID 83642 and the Contractor: (Nmle, address and otherinformation) Americain Paving 357 E Amity Road Meridian. ID 83642 The Project is: (tV.nne and /ocationJ Meridian 58 Acre Park. Phase One ~ ~Z ~~ , ~,~~, ,- ~~i Id~ ~i ~ IS ~ The Architect is: (Nvue, address and othermformation) The Land Groug 128 South Eagle Road Eagle. ID 83616 The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except io the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (htsert the date ofcommencement ifit differs from the date ofthisAgreement or, ifappGcab/e, state that the date wil/ be fixed in a notice to proceed.) ® 915, 18, 92 9 1, 1958, 1961, 19 3, 6 , 9 1987, O 199 y e Amencan Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97atOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A~01-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ~, ~, ,f ~f ~+~ ~f ®1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • EXHIBIT B BARGAIN AND SALE DEED Meridian Rural Fire Protection District, Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Meridian, Grantee, whose current address is 33 East Idaho, Meridian, Idaho, 83642, an undivided 74% interest, as tenant in common, the following described real property, to wit: A portion of the SE1/4SE1/4 of Section 31, T.4N., R.lE., B.M., Ada County, Idaho described as follows: Commencing at the Southeast corner of the Northeast Quarter of the Southeast Quarter of said Section 31; thence South 220.44 feet; thence West 186.76 feet; thence North 220.44 feet; thence East 186.76 feet to the place of beginning. EXCEPT therefrom right-of--way for North Locust Grove Road over the Easterly boundary thereof. Together with all and singular tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. Subject to all easements, rights of way, restrictions, and reservations of record or appearing on the land. And the Grantor hereby fully warrants the title to said land and will defend the same against all lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto subscribed its name to this instrument the ~ day of.~~emher, 2001. Oc fo~~ MERIDIAN RURAL FIRE PROTECTION DISTRICT B Chairman Attested: ~~~Y Secretary BARGAIN AND SALE DEED, PAGE -1- STATE OF IDAHO ) )ss. County of Ada ) On this day of September, 2001, before me, a Notary Public for the State of Idaho, personally appeared and known or identified to me to be the Chairman and Secretary of the Meridian Rural Fire Protection District, and whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. (SEAL) Notary Public for Idaho Residing: My Commission expires: BARGAIN AND SALE DEED, PAGE -2- THIRD ADDENDUM TO EXHIBIT "C" OF CITY OF MERIDIAN MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT JOINTLY OWNED REAL PROPERTY: 1. Property located at 3545 North Locust Grove Road, Meridian, Idaho: The Meridian Rural Fire Protection District, upon payment of 74% of the purchase price paid to obtain said property from the City of Meridian, conveys an undivided 74% interest in the real property located at 3545 North Locust Grove Road, Meridian, Idaho, to the City of Meridian, and will issue a Bargain and Sale Deed to said real property, more particularly described as follows: A portion of the SE1/4SE1/4 of Section 31, T.4N., R.IE., B.M., Ada County, Idaho described as follows: Commencing at the Southeast corner of the Northeast Quarter of the Southeast Quarter of said Section 31; thence South 220.44 feet; thence West 186.76 feet; thence North 220.44 feet; thence East 186.76 feet to the place of beginning. EXCEPT therefrom right-of--way for North Locust Grove Road over the Easterly boundary thereof. Together with all and singular tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. Subject to all easements, rights of way, restrictions, and reservations of record or appearing on the land. DATED this ~ day of~e~, 2001. Dc~-' CITY OF MERIDIAN MERIDIAN RURAL FIRE PROTECTION DISTRICT By: By. yor Robert D. Corrie Chairman ~~~;rrw~e,~by ~~ C~~ `S ~,gK~~-r, ,~ ,,,tATTEST: ATTEST: x~~~ ~~ ~' .~,,; ~, '` „ ', w Y a ;,;~. y B City Clerk 9,~, e°"~ -" Secretary "~ ~ . , ~ .. ~..,,,4 .. ~:. THIRD ADDENDUM TO EXHIBIT "C"~0~';CI'TJ+X Cs~~' MERIDIAN MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFTC~I~;~~G;:~l`~``LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT, PAGE -1- . '~ BARGAIN AND SALE DEED Meridian Rural Fire Protection District, Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Meridian, Grantee, whose current address is 33 East Idaho, Meridian, Idaho, 83642, an undivided 74% interest, as tenant in common, the following described real property, to wit: A portion of the SE1/4SE1/4 of Section 31, T.4N., R.lE., B.M., Ada County, Idaho described as follows: Commencing at the Southeast corner of the Northeast Quarter of the Southeast Quarter of said Section 31; thence South 220.44 feet; thence West 186.76 feet; thence North 220.44 feet; thence East 186.76 feet to the place of beginning. EXCEPT therefrom right-of--way for North Locust Grove Road over the Easterly boundary thereof. Together with all and singular tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. Subject to all easements, rights of way, restrictions, and reservations of record or appearing on the land. And the Grantor hereby fully warrants the title to said land and will defend the same against all lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto subscribed its name to this instrument the ~ day of-S~e~mber, 2001. ISM ~~~' MERIDIAN RURAL FIltE PROTECTION DISTRICT B Chairman Attested: Secretary BARGAIN AND SALE DEED, PAGE -1- ~ ~~ STATE OF IDAHO ) )ss. County of Ada ) On this day of September, 2001, before me, a Notary Public for the State of Idaho, personally appeared and known or identified to me to be the Chairman and Secretary of the Meridian Rural Fire Protection District, and whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. (SEAL) Notary Public for Idaho Residing: My Commission expires: BARGAIN AND SALE DEED, PAGE -2- • March 15, 2002 Department Reports MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT Park's Department -- Tom Kuntz ITEM NO. ~ ` ~j - REQUEST Construction Bid Award for Meridian Settler's Park Phase I 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: ~~ ~ 1~~~~~ MERIDIAN SCHOOL DISTRICT: U`~ 0 MERIDIAN POST OFFICE: tl~, J~ ' ~~ ADA COUNTY HIGHWAY DISTRICT: ~/~"//"~~//(~~ ~ ~ 1; ~ ~ , f ,/ ~, SANITARY SERVICE COMPANY ~ ~ ~ r ~" CENTRAL DISTRICT HEALTH: /,~ `~' ~ I NAMPA MERIDIAN IRRIGATION: p^~ Y" 1 SETTLERS IRRIGATION: V ,J 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. • 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 28th day of March in the year of 2002 (hl words, indicate day, month and year) BETWEEN the Owner: (Name, address and otherinformation) City of Meridian 33 E. Idaho Meridian. ID 83642 and the Contractor: (Nome, address and otherinformation) Americain Paving 357 E Amity Road Meridian. ID 83642 The Project is: (N.+me and location) Meridian 58 Acre Park. Phase One ~ VZ ~G ~'~~' ~r "41~ ~ ,~~ ~ S The Architect is: (Name, address and otherinfom7ation) The Land Group 128 South Eagle Road Eagle. ID 83616 The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (fnsen the date ofcommencement ifit differs Bon? the date ofthisAgreement or, ifapp/icab/e, state that the date will be fixed in a notice to proceed.) 915, 1918, 925, , 1 51, 19 8, 1 61, 963, 96 , , 197 , 1987, m 1997 y e American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A~01-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 'w T, ,f ~ ~r~ ~~ ®1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 A.~ril 1.2002. Notice to Proceed If, prior to the commence-nent~he Work, the Owner requires time to file ~rigages, -liechanic's liens and other security interests, the Owner's time requirement shall be as follows: N/A 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 18O days from the date of commencement, or as follows: THIS DOCUMENT HAS IMPORTANT LEGAL (lnsen number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of CONSEQUENCES. CONSULTATION WITH comntencentent. Lln/ess stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial AN ATTORNEY 15 ENCOURAGED WITH Comp/etion ofcertain portions ofthe Work.1 RESPECT TO ITS COMPLETION OR On or before September 27. 2002 MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA subject to adjustments of this Contract Time as provided in the Contract Documents. DOCUMENT MAY BE MADE BY USING AIA (Insert provisions, if any, for /iquldated damages relating to failure to comp/ele on time or for bonus pam~ents for DOCUMENT D401. early comp/etion ofthe Work) 3 3 1 OWNER and CONTRACTOR recognize that time is of the AIA Document AZ01-1997, General essence of this Agreement and that OWNER will suffer financial loss if Conditions of the Contract for the Work is not completed within the times specified in paragraph Construction, is adopted in this document -6y reference. Do not use with other Contract Times above. plus any extensions thereof allowed In ^eneral conditions unless this document is accordance with the General Conditions. OWNER and CONTRACTOR modified. also recognize the delaXs. expense and difficulties involved in proving in a legal or other dispute resolution proceeding the actual loss suffered by This document has been approved and OWNER if the Work is not completed on time. Accordingly. instead of endorsed byrheAssociaredeeneral requiring an~such goof OWNER and CONTRACTOR agree that as ContractorsofAmerica. I~uidated damages for deli (but not as penal CONTRACTOR shall pav OWNER one hundred dollars and zero cents ($100 00) for each day that expires after the time specified in paragraph Contract Times above. for Substantial Completion until the Work is substantially complete 3 3 2 After Substantial Completion if CONTRACTOR neglects refuses or fails to complete the remaining Work within the Contract Times or any_property OWNER oranted extensions thereof CONTRACTOR shall gav OWNER one hundred dollars and zero cents {$100 00) for each day that expires after the time specified in paragraph Contract Times above for co~letion and readiness for final payment. 3 3 3 OWNER shall recover such liquidated damages by deducting the amount owned from the final g_avment or any retainage held by OWNER. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be fight Hundred Thirty Three Thousand One Hundred Sixty Five Dollars ($ 833.165.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or otheridenti6cation ofaccepted alternates. lfdecisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires) Bid Alternate #1 • Additional Lawn Area $76.765.00 Bid Alternate #2' Tree Planting $34.000.00 Bid Alternate #4 16" Water Pike $46.600.00 4.3 Unil prices, if any, are as follows: O 1915, 18, 9 58, 6 , 9 7, 9 4, 98 , O 199 y e Amencan Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. ~. ,f 's~~~ ~~ ®1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 N/A ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. THIS DOCUMENT HAS IMPORTANT LEGAL 5.1.2 The period covered by each Application for Payment shall be one calendar month CONSEQUENCES. CONSULTATION WITH ending on the last day of the month, or as follows: AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF 5.1.3 Provided that an Application for Payment is received by the Architect not later than TH15 ELECTRONICALLY DRAFTED AIA the 11 stda of a month, the Owner shall make a ent to the Contractor not later than the y P ~ DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 16th day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 45 days after AIA Document A201-1997, General the Architect receives the Application for Payment. Conditions of the Contract for Construction, is adopted in this document 5.1.4 Each Application for Payment shall be based on the most recent schedule of values by reference. Do not use with other general conditions unless this document is submitted by the Contractor in accordance with the Contract Documents. The schedule of modified. values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its This documen- has been approved and accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall endorsed by The Associated General be used as a basis for reviewing the Contractor's Applications for Payment. Contractors of America. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997• .2 Add that portion of the Contract Sum properly allocable io materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed ~ construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5%); .3 Subtract the aggregate of previous payments made by the Owner; and ~~ ~~ .~•~~;.. .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document AZOi-1997• ®i99~ nia,® AIA DOCUMENT A101-1997 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.i.6 OWNER-CONTRACTOR AGREEMENT shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph 9.8.5 ofA/A Document A2ot-t997 requires release of applicab/e retainage upon Substantial Completion of Work with consent ofsurety, ifany.) O 915, 19 1 25, , 1 5 19 9 3, 96 , , 197 , 198 , O 199 y e American nstitute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 .2 Add, if final completion ~fhe Work is thereafter materially delayed through°no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.io.3 of AIA Document r12oi-1997• 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Ifn is intended, poor to Substantial Completion of the entire Work, to reduce or /unit the retainage resulting from the percentages inserted in C/auses 5t.6.t and 51.6.1 above, and this Is not explained elsewhere in the Contract Documents, insert here provisions forsuch reduction orGnutationJ N/A 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance THIS DOCUMENT HAS IMPORTANT LEGAL a ents to su hers for materials or ec ui merit which have not been delivered and stored at P Ym PP ~ 1 ~P CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH the site. RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF 5.2 FINAL PAYMENT THIS ELECTRONICALLY DRAFTED AIA 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be DOCUMENT MAY BE MADE BY USING AIA made by the Owner to the Contractor when: DOCUMENT Dao1. .1 the Contractor has fully performed the Contract except ,for the Contractor's AIA Document AZ01-1997, General responsibility to correct Work as provided in Subparagraph iz.2.z of AIA Document Conditions of the Contract for Construction, is adopted in this document Azoi-1997, and to satisfy other requirements, if any, which extend beyond final by reference. Do nor use with other payment; and general conditions unless this document is modified. .2 a final Certificate for Payment has been issued by the Architect. This document has been approved and 5.2.2 The Owner's final payment to the Contractor shall be made no later than 3o days after endorsed by The Associated General the issuance of the Architect's fmal Certificate for Payment, or as follows: Contractors of America. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article i4 of AIA Document A201-1997• 6.2 The Work may be suspended by the Owner as provided in Article i4 of AIA Document A2oi-1997• ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the dale payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, ifany.) N/A 1Lsury laws and requirements under the Federal Truth in Lending Act, stmt/ar state and Iota/ consumer credit /a ws and otherregu/ations at the Owner's and Contractor's principa/p/aces ofbusiness, the location ofthe project and elsewhere may affect the validity of this provision. Legal advice shou/d be obtainc~ with respect to de%tions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: (Name, address and otherinformation) The Land Group Inc. 128 South Eaale Road Eagle. ID 83616 7.4 The Contractor's representative is: m 1915, 8, 5, 93 , 51, 1958, 9 6 , 19 4, 9 , 198 , ® 997 y T e American Instltute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/198002. AIA License Number 1116865, which expires on 12/31/2002. ~, r ~, ,f 's•+~ ~ ®1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 (Name, address and otherinfom7arion) American Pavina Co • Terry Lutz. Vice Presiden~ ~ -~ PO Box 395 Meridian ID 83680 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIfICAT10N. AUTHENTICATION Of ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS THIS ELECTRONICALLYDRAfTEDAIA 8.1 The Contract Documents, except for Modifications issued after execution of this DOCUMENT MAY BE MADE BY USING AIA Agreement, are enumerated as follows: DOCUMENT D401. 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement AIA Document AZ01-1997, General Conditions of the Contract for Between Owner and Contractor, AIA Document Aioi-1997. Corutruction, is adopted in this document by reference. Do not use with other 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the general conditions unless this document is Contract for Construction, AIA Document rizo>_-1997. modified. 8.1.3 The Supplementary and ocher Conditions of the Contract are those contained in the This document has been approved and Project Manual dated February 14. 2002 ,and are as follows: endorsed by The Associated General Contractors of America. Document Title General Requirements -Division 01 Contract Forms Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.i.3, and are as follows: (Either/ist the Speci6cationshere orreferto an exhibit attached to thisAgreen7ent.J Section Title Pages Project Manual Meridian 58 Acre Park 2/14/02 Specifications Phase One 2/14/02 8.1.5 The Drawings are as follows, and are dated February 02 unless a different date is shown below: (Either/ist theDrawings here orrefer to an exhibit attached to this Agreement.) Number Title Date Working Drawings Meridian 58 Acre Park Phase One February 2002 8.1.6 The Addenda, if any, are as follows: Number Date Pages Addenda #1 3/4/02 Addenda #2 3/8/02 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additions/documents that are intended to form part ofthe Contract Documents. AIA Document .4ao1- 1g9~ provides shat bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample O 1915, 9 8, 1 5, 3 , 5 , 1958, 961, 9 3, 67, 1974, 9 , 198 , ®199 y e merican nstitute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97a101.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. ', r ~, .~ s'r#tif ~~ ®1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 forms and the Contractor's bid are not pat~f the Contract Documents un/ess enumerated in this ; lgreement. Thev shou/d be /is[ed here on/yifintended to be part ofthe Contract Documents.) N/A This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered tpp the Contractor, one to the Architect for use in the administration of the Contract, and~he r~mainder lq tl?e Qwner. ~ , ",~ ~. ~. HIS DOCUMENT HAS IMPORTANT LEGAL 7Signat re) ~ (Signature) QW~~, CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH --~~,p ~/ L /t RESPECT TO ITS COMPLETION OR / T~ 1~, r~ l ~1~. I ~ ~ ~. ~nt3e r-t ~D l,U YI" t L 1~Y1 4N o1r MODIFICATION. AUTHENTICATION OF (Punted Warne and title) (Printed name and tit/e) ~--r-THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 8Y USING AIA DOCUMENT D401. AlA Document AZ01-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. m 1915, 91 925, 93 , 195 , 1958, 1 61, 19 19 7, 74, 1977, 198 , O 1997 y T e American Institute o Architects. Reproduction of the material herein or substantial. quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. ~.'•~ ~ .`~,~~ ®1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 /~ ~i a a o D n ~ a n ~ v n D o0 00 N o- m ~ w m 3 p; m ~ At cu ~ ~ ~ W n a m A ~ W ~ N ^- ~ ~ -A a C, N N ~ w ~ ~ ` ~ ~ ~ o 4 ~ ~ ~ ~ '~ ~ cy qqo \ C- ~ ~'" ~ N .Q ~ Q Oa ~ N `~ ° N ~ O ~ \ 0 0 a .~ ~ `~1 ~ w v S` ~ ~ ~ ~ o ~~~~o ~ ~ ~ W J ~ ~ ~ ~ ~ ~ aa~ d~~ a a a a~ ~~° ~ Q Q >>m c c a ~~? m~ °' ~ O~. ~ 3 3 ~ y ~ o ~ n N 1 w 3 ~ ~D '~' .+ O 7 ~ ' ~ ~ ~ n ~ v ~ Q m m ~ ~ a n , ~ ~ g ~ ~ ~ a o ~ ~ D ~ c ~ \ ° , l j N ~ O ~ N h ~~ ~ Na ~y Is ~ Z ~'~ -~ . . ~~ w ~~ 1 :: ~, a a a a a ~ a ~ ~~ 1 ~ a a D a a w m ~ D a D a a m ~ am !no m~ Q a m w ~ W ~ D > > m ~ n 1 m n c c c a m w om' -p m m m m 3 3 3 ~, ° ° at ac ak ~ ~ ~ w 3 m `~G ~ ~ n < O fl ~ ~ m a ~ ' W a o- '~, Gf `` N W ~ ~ ~ ~ ~ ~ ~ C ` \ C ~ ~ ~- ~ ~ G1 ,~ ~ ~. ~ N ~ v C ~ w ~ ~ N ~ ` \ o o d W ~ ~ ~ ~ ~ ~ o V ~ ~ O. ~ ~ ~ ~ 7 v ~: ~. ~D ~ ~ 00 ~ ~ ~ ~ N ~ N 7C O O N .~ s ~ 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGRE E M E NT made as of the 28th day of March in the year of 2002 TENS DOCUMENT HAS IMPORTANT LEGAL (In words, indicate day, month and year) w "Y ;: ~~' r ~ ~ '''~~~i , ~~~ x 3 ~}:~'H BETWEEN the Owner: t ~ ~' (Name, address and otherinformation) ~ I ¢1¢ yy ' Ci of Meridian '' ~ ~ ` ~~ ~~ 33 E. Idaho M idi ID 83 ~ ~ ~~~~i i i ~~ ~~ ~ f~,l i ~ , ~` ' ` ~ ~ I er an. 642 ~ ~~ ~ ~ `: ~ ^ ~ ,yy ~ ~ ~ 'W~'~. 5 Ni 7~ k ~ ~ and the Contractor: , 1 ~ F{,,,; ~' "';~ t~ ~I ' (Name, address and otherinformation) I ' '" nt Americain Paving by reference. Do not use with other 357 E Amity Road general conditions unless this document is Meridian. ID 83642 modtfted. The Project is: ~ ~ ~ es (Name and /ovation) endor Gen al ed by The Associat Contractors of America. Meridian 58 Acre Park. Phase One The Architect is: (Name, address and o[herinformation) The Land GrouQ 128 South Eagle Road Eagle. ID 83616 The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the ~ entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ~ f f ARTICLE 2 THE WORK OF THIS CONTRACT , ~ f~•r~;! ~ The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ®i99~ nin® AIA DOCUMENT A101-1997 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION OWNER-CONTRACTOR AGREEMENT 3.1 The date of commencement of the Work shall be the date of this Agreement unless a The American Institute of Architects different date is stated below or provision is made for the date to be fixed in a notice to proceed 1735 New York Avenue, N.W. issued by the Owner. Washington, D.C. 20006-5292 (insert the date ofcommencement ifit differs from the date ofthis Agreement or, ifappGcab/e, state that the date wi/I be fixed in a notice to proceed.) 15, 9 8, 9, 19 9 7, 9 1 9 y e American nstitute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. Aril 1. 2002. Notice to Proceed If, prior to the commencement ~e Work, the Owner requires lime to file >~gages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: N/A 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 1~ days from the date of commencement, or as follows: THIS DOCUMENT HAS IMPORTANT LEGAL (insert number of calendar days. A/tematively, a calendar date may be used when coordinated with the dale of CONSEQUENCES. CONSULTATION WITH con7mencement. 11n/ess stated elsewhere in the Contract Documents insert any requirements for ear/ier Substantial AN ATTORNEY IS ENCOURAGED WITH Comp/etion ofcenain portions ofthe Work) RESPECT TO ITS COMPLETION OR On or before September 27. 2002 MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA subject to adjustments of this Contract Time as provided in the Contract Documents. DOCUMENT MAY BE MADE BY USING AIA (Insert provisions, if any, for liquidated damages re/sting to failure to comp/ete on time or for bonus payments for DOCUMENT D401. ear/ycomp/etion ofthe Work.) 3 3 1 OWNER and CONTRACTOR recognize that time is Of the AIA Document AZO1-1997, General essence of this Agreement and that OWNER will suffer financial loss if conditions of the contract for the Work is not completed within the times specified in paragraph consirudion, is adopted in this document Contract Times above lus an extensions thereof allowed I, n y reference. Do not use with other p y ^eneral conditions unless this document is accordance with the General Conditions OWNER and CONTRACTOR modified. also recognize the delays expense and difficulties involved in proving in a legal or other di~..pute resolution Droceedino the actual loss suffered b~ this document has been approved and OWNER if the Work is not completed on time According(v instead of endorsed by The associated General rewiring any such proof OWNER and CONTRACTOR agree that as Contractors of America. liquidated damaggs for delay but not as a penal CONTRACTOR shall pav OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time specified in paragraph Contract Times above for Substantial Completion until the Work is substantially complete 3 3 2 After Substantia l Completion if CONTRACTO R neglects refuses or fails to comp lete the rema ining_Work within the Contract Times or anyg_ro er O WNER grant ed extensions th ereof CONTRACTOR shall p av OWNER o ne hundred dolla rs and zero cents !x$100 OQ,) for each day that expires a fter the time spec ified in paragraph Contract Times above f or completion and readiness fo r final payment ~ ~ ~ OWNER shall recover such liquidated damages by deducting the amount owned from the final p~vment or any retainage held b~OWNER ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Eight Hundred Thirty Three Thousand One Hundred Sixty Five Dollars ($ 833.165.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or otheridenti6cation ofaccepted alternates lfdecisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires) Bid Alternate #1 • Additional Lawn Area $76.765.00 Rid Alternate #2• Tree Planting $34.000.00 Bid Alternate #4 16" Water Pipe $46.600.00 4.3 llnit prices, if any, are as follows: 5 , 99 y e merlcan nstltute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. *, ,~ 7~. .f ~~ •+~ ~~ m1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 N/A , ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. THIS DOCUMENT HAS IMPORTANT LEGAL 5.1.2 The period covered by each Application for Payment shall be one calendar month CONSEQUENCES. CONSULTATION WITH ending on the lass day of the month, or as follows: AN ATTORNEY /S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION Of 5.1.3 Provided that an Application for Payment is received by the Architect not later than THIS ELECTRONICALLY DRAFTED AIA the 11 stda of a month, the Owner shall make a ent to the Contractor not later than the Y P Ym DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40T. 1 C~th day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 45 days after AIA Document AZ01-1997, General the Architect receives the Application for Payment. Conditions of the Contract for Construction, is adopted in this document 5.1.4 Each Application for Payment shall be based on the most recent schedule of values by reference. Do not use with other submitted by the Contractor in accordance with the Contract Documents. The schedule of mond fa~ nditions unless this document is values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its This document has been approved and accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall endorsed by The Associated General be used as a basis for reviewing the Contractor's Applications for Payment. contractors of America. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated io that portion of the Work in the schedule of values, less retainage of flue percent (~ %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997• .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed ~ construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ve percent (5%); .3 Subtract the aggregate of previous payments made by the Owner; and ~~ ~+ '~.+~;~ .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. m1997 AiA® AIA DOCUMENT A101-1997 5.1.7 The progress payment amount determined 1n accordance with Subparagraph 5.i.6 OWNER-CONTRACTOR AGREEMENT shall be further modified under the following circumstances: The American Institute of Architects .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total 1735 New York Avenue, N.W. payments to the full amount of the Contract Sum, less such amounts as the Architect Washington, D.C. 20006-5292 shall determine for incomplete Work> retainage applicable to such work and unsettled claims; and (Subparagraph 9.&p ofAlA Document Azot-r9y~ requires release of app/icable retainage upon Substaotia/ Comp/etion of Work with consent ofsurety, ifany.) 5, 9 , 1 5 , 1, 9 4, 9 , ® 99 y e merican nstitute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97alOl.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. ~.. .2 Add, if final completion ot'fhe Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance wish Subparagraph 9.io.3 of AIA Document A2oi-1997• 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages insetted in Clauses st.6.t and 51.6.2 above, and this is not explained elsewhere in the Contract Documents insert here provisions forsuch reduction or/imitation.) N/A 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance THIS DOCUMENT HAS IMPORTANT LEGAL a ents to su hers for materials ore ui meni which have not been delivered and stored at CONSEQUENCES. CONSULTATION WITH P Yin PP ~ 9 P AN ATTORNEY IS ENCOURAGED WITH the site. RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF 5.2 FINAL PAYMENT THIS ELECTRONICALLY DRAFTED AIA 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be DOCUMENT MAY BE MADE BY USING AIA made by the Owner to the Contractor when: DOCUMENT D401. .1 the Contractor has fully performed the Contract except for the Contractor's AIA Document AZOI-1997, General responsibility to correct Work as provided in Subparagraph iz.z.z of AIA Document Conditions of the Contract for Aaoi-1997, and to sans other re uirements, if an ,which extend be and final Construction, is adopted in this document fi' q y y by reference. Do not use with other payment; and 8eneral conditions unless this document is modified. .2 a final Certificate for Payment has been issued by the Architect. This document has been approved and 5.2.2 The Owner's final payment to the Contractor shall be made no later than 3o days after endorsed by The Associated General the issuance of the Architect's final Certificate for Payment, or as follows: Contractors of America. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article i4 of AIA Document A2oi-1997. 6.2 The Work may be suspended by the Owner as provided in Article i4 of AIA Document A2oi-1997• ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A2o1-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ~ (loser[ rate ofinterest agtred upon, ifany.) ~ ,~ Usury laws and requirements under the Federal Truth in Lending Act, similar state and /oval consumer credit laws and +~ of otherrrgulations at the Owner's and Contractor's principalp/aces ofbusiness, the location oflhe project and elsewhere - may afi`ect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 01997 AIA® AIA DOCUMENT A101-1997 7.3 The Owner s representative is: (Name, address and otherinformation) OWNER-CONTRACTOR AGREEMENT The Land Group. Inc. 128 South Ea le Road The American Institute of Architects g 1735 New York Avenue, N.W. Eagle. ID 83616 Washington, D.C. 20006-5292 7.4 The Contractor's representative is: 1 6, 19 7, 9,® 99 y e mencan nstltute o Architects: Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97a101.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. forms and the Contractor's bid are not part of[he Contract Documents unless enumerated in [his Agreement. They shou/d be listed here on/yifintended to be part ofthe Contrac[ Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered the Contractor, one to the Architect for use in the administration of the Contract, and~he r ainder i tl~;pwner. .;~~- r' b `~'~TSignat e) HIS DOCUMENT HAS IMPORTANT LEGAL (Signature) ~~~ CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR ~~ ~ v L ~~ MODIFICATION AUTHENTICATION OF ~~ l~ b ~ C ~ ri l ~ r . e -~ c>' r r t ~ M aN o r . - (Punted name and !itle) HIS ELECTRONICALLY DRAFTED AIA (printed name and title) F DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. ~,~et~~d ~~~ ., .,~~~lllll~r~trt.v, `~ U AGO ~ ,~ rF o ~lt`~~ '; 7~ SF 1ST • ,`;` ~. ... ~.` ~~i rte.... _, , ~'+`" \~~ ~~~ ". •., y ~, ® 5, 9 5 , 6 , 6 , 9 97 , 98 , ® 99 y e merlcan Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 97a101.aia -- 3/19/2002. AIA License Number 1116865, which expires on 12/31/2002. AIA Document AZO1-1997, General Conditions of the Contrail for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ~ ~~ !•~ ,f f~•r~ ~~ ®1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • Memo To: Parks and Recreation Commission From: Tom Kuntz •'f'~~ Date: March 15, 2002 CC: Mayor and City Council Re: Construction bid for Meridian Settlers Park Phase 1 • RECEIVED CITY OF MERIDIAN CITY CLERK OFFICE On March 13, 2002 we opened eight construction bids for Phase 1 of Meridian Settlers Park. Attached is a break down of each company's bid and a description of the bid alternatives. As specified in the memo attached from the Land Group, American Paving of Meridian, Idaho submitted the low bid of $ 833,165.00. There are two issues pertaining to this project that we want the Mayor and Council to be aware of; 1. Upon reviewing American Paving's base bid it was determined they neglected to include the irrigation pump house equipment. After discussing the issue with American Paving representatives, they agreed to include the pump house equipment in their original bid price. A letter confirming this is attached. 2. The cost of designing and constructing the water main up Meridian Road will be shared by G.L. Voigt, Public Works /Water and Parks Departments. The Parks Department was required to install a 12" water main up Meridian Road as a condition of approval. Attached is a memo from Brad Watson outlining the new arrangement With all this said, the Parks and Recreation Staff respectfully requests the City Council award the bid for construction of Meridian Settlers Park Phase 1 to American Paving in the amount of $ 833,165.00 C:\Documents and SettingsWdministratorWly Documents\1 -AdministrationWlisc. JobsWlemos1111 -Blank Memo.doc Page 1 • • N 0 .Y N L at i ~ V i a~ ~~ ~, .~ ~~ _o ~L ~ C ~_ G C ~+ ~ Q ~~, ~ am 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~n ~n ~n o ~n rn rn rn M ~ a i w cY i ~ ~ w x x x x x ~ ~ ~ N M c~ 0 0 0 0 0 0 0 0 0 0 0 ~ ~ o ui o 0 o ui > o co 0 0 o to m o ~ o o m d ~ ~ X X X X X I~ M M ~ (M ~ ~ ~ c~ .` a~ E Q ~ ~ ~ ~ ~ ~ ° 0 0 0 0 0 ~ ° 0 0 0 0 0 O O O O C O N ~ O U ~- v_ M o v ~ ~ _ ~ X X X X x CA ~7 N M CA O 67 Q N l0 0 (~} FJ-} d9 64 69 EA O O O O O O O M ~ M r op ° ° ° p o v ti ~ r ~ _ (n X X X X X to N M N M Q ~ CA EA EA H9 64 b4 EA N ~ O O O O O O f6 (7 O O O O O O O 00 N CO M M ~ ~ X X X X X N oo M N 'c7 rn m O m ~ ~ m ~ o ~ _ Q ~ o U c v ° ~ >, ~ a E ~ ~ ~ ~ ~ ~ °? °? °? °; ~ ° E E m ~ d C "a ~ 7 _ cu co c "O a ~ E E E _ ~ ~ +~ ~ I ~ ~ ~ 'a N ~ O m ~ Q Q Q Q ~ ~ O- C Q ~ a ~ N ¢ ~ m a` C~ Q m m ¢ Q Q Q m l~ 0 0 0 0 0 0 ,~ o 0 0 0 0 0 m o ~ w ~ o w ~ 7 ~ ~ O t N ~ i oD I~ ~ ~ M ~ m x x x x x ~ oo v r~ ~' ~ L . ` 69 69 b4 69 (f} EH O O O O O O C O O O O O O M O O O O M (0 N O O O O N ~ a x x X x x ~ ~ N ~ ~ O U Y ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 ri v ri ri of of ~ 00 ~ C'r1 N 1~ ~ ~ ~ O Ln N ~ 00 M oO CO 00 00 ~, x x x x x ~ o ~ N M a ~ ~ ~ ~ ~ ~ °' m w ~ o a ~, .~ ~ ~ ° _ o ~ ~~, . - a U o U ~ t T ;y i a N LLLL L ~ ~ ~ Tb lF ~ a Q. O ` TCCF TCCI~ ~ y °" 0 ~ ~ C C " L L E E E Z m c a~ ~ c ~ c ~ :a N a~ ~ a~ ~ [[ ~ ~ c Q "D ~ ~ N Q Q Q Q ~ v m - ` ~ a ¢ m c a c ¢ m Q Q Q Q ma • SECTION O1 030 BID ALTERNATIVES 1 PART -GENERAL 1.1 SUMMARY 1. Section Includes 1. Submission procedures. 2. Documentation of changes to Contract Sum/Price and Contract Time.. 1.2 REQUIREMENTS 1. .Coordinate related work and modify surrounding work as required to properly integrate the Work of each Alternate and to provide complete construction required by the Contract Documents. 1.3 SELECTION AND AWARD OF ALTERNATIVES _ A. Alternates quoted on Bid Forms will be accepted or rejected under the provisions of Document A701, Ixistructions to Bidders, Subparagraph 5.3.2. 1.4 SCHEDULE OF ALTERNATES A. Alternate No.l :ADDITIONAL LAWN AREA • Add alternate to include all work associated with the completion of the area noted on the drawings. The work shall consist of providuig and installing all material necessary for a complete area, including but not limited to; grading, soil preparation, irrigation system, concrete sidewalk, trees and lawn. All work and material to be provided and installed as described in the drawings and specifications. B. Alternate No. 2: TREE PLANTINGS Add alternate shall include all work associated with the installation of all tree plantings on project. All work and material are to be provided and installed as described in the drawings and specifications. • C. Alternate No. 3: 12" WATER PIPE Add alternate to include all work associated with the completion of a new 12" water pipe on Meridian Road as noted on drawing 2.42 and the specifications. The work shall consist of providing and installing all material necessary for the new 12" water pipe, including, but not limited to; excavation, backfill material, pipes, valves, re= patching and shoulder repair as required. All work and material are to be provided and installed as described in the drawings and specifications. D. Alternate No. 4: 16" WATER PIPE Add alternate to include all work associated with the completion of a new 16'° water pipe on Meridian Road in lieu of the 12" line noted on the drawing 2.42 and the specifications. All notes referring to 12" water pipe shall be modified to say 16" i.e. 16" gates valves. The work shall consist of providing and installing all material necessazy for the new 16" water line, incluuding but not limited to; excavation, Meridian 58 Acre Park 01030/1 1/02 • ~~ ~~®~ B ~~ s~ ®~ ®® THE LAND GROUP, INC. 3.13.02 Tom Kuntz City of Meridian Parks Director 11 West Bower Street Meridian, ID 83642 RE: Meridian Settlers Park, Phase One Dear Tom: We are excited to provide the City of Meridian City Council a list of contractors bidding on the Meridian Settlers Park, Phase One. Attached you will find a list of contractors and their bid cost. Project: MERIDIAN SETTLERS PARK, PHASE ONE Bid Opening: 3/12/02, 3:00 p.m Final Cost Estimate: $1,361,604.00 After reviewing the bids and the forms, we suggest to the City of Meridian City Council to award the project to the apparent low bidder, American Paving, Meridian, Idaho. We suggest to awazd their base bid and bid alternate #1, #2 and #4, for the total of $833,165.00. We would like to thank the City Council, Meridian Parks Department and Parks and Recreation Committee for their patience. We feel the extra time and effort put together in this project pays off. The Land Group was able to work with the Parks Department to double check the design elements and working drawings to ensure a positive outcome as shown on the competitive bids received. We plan to start construction of this park in April, completion in August and open to the public next year. Sincerely, nc. ,. Lnndreape Architecture Site Planning Crvi/ Engineering Golf Conrre Irrigation ~ Engineering GrnpGic Comniunrratiou ~~,..:=. 128 South Eagle Road Eagle, Idaho 83616 P 208.939.4041 F 208.939.4445 wwa~.thelandgroup.cc ,, 5 ~ q March ~ ~, 2oa~ city (~f Meridian Parks Dept. Attn: Parks Director.~Tc~rn I{.tsntz 1 I West Bawer Meridian, Idaho 83542 Re: 1vleridian 58-Acre Farl€ 'his letter is to confirm that American Paving Co. and our subconfmctorR will corx-plete this project as per plans and specifications. As I have informed Dave TLOga of t}ae Land Group, American Paving Co. was not aware that our subcontractor, Metcalf Landscape, did not include tlae pump in their bid. American Favin ; Ca. and Metc~l.f Landscape have agreed to share fhe cost of this oversight and American Paving Ca. wilt be purchasing the pump and will. have it installed by Metcalf Landscape. There wilt be no additional cow tQ the City of Meridian and we took forward to working witty you ifawarded this COIttP~,Ct. If` you have any questions or concen~s, please don't hesitate to call our office, Sincerely, A.r~aericara F g Co. 1 Teary Lutz ~~ice President ~v Cc: Metcalf`Latrdscape, The Land. Croup ~Iarideesn 5$-,Rcre R¢ak-Fwm~ aver~~t Telephone: 888-7988 Idaho FW. #12145-AAA-2-4(43) Fax: 888-5020 P.O. Box 395, Meridian, Idaho 83680 Oregon CCB # 137240 • Tom Kuntz From: Brad Watson [watsonb@ci.meridian.id.us] Sent: Wednesday, March 13, 2002 3:49 PM To: Bruce F.; Len; David Koga (E-mail); Tom Kuntz (E-mail); Elroy Huff (E-mail) Cc: Gary Subject: Meridian Settlers (58-acre) Park Phase I Project Gentlemen, My understanding of the meeting today at the Parks Department: 1) Public Works Dept. (PWD) supports having the contract awarded to include Alternative #4 (includes 16-inch water) rather than Alternative #3 (includes 12-inch water). 2) Upon execution of the contract, the PWD will, via the Parks Dept., issue a change order (net deduct) to have a section of 12-inch water main from the existing blowoff, approximately 80 feet north of the Ustick intersection, to a point another approximately 200 feet north. 3) PWD will direct The Land Group in locating a 16-inch tee approximately 280' north of the Ustick intersection along with 20 to 40 feet of 16-inch water main to the west for future tie-in to a 16-inch line to the booster station. 4) After contract award but prior to contract signature/Notice To Proceed, we need unit prices from American Paving in order to calculate the change order described in Item #2 above. 5) Presently, it is my understanding that the PWD/Water Dept. will pay for the incremental cost of the 16-inch water line north of the line size change (approximately 280 feet north of the Ustick intersection). In other words, I understand that PWD/Water Dept. will pay the difference between the 12- and 16-inch lines. 6) I will contact G.L. Voigt's office to discuss with them reimbursing the City for half the cost of the what a 12-inch line fronting all of the park site would be. Again, I need American Paving's unit costs to determine this amount. 7) PWD will begin working on an ultimate Well No. 20/reservoir site plan design in order to route a 16-inch water main from the booster station through the park to the previously mentioned 16-inch tee 280 feet north of the Ustick intersection. Please let me know if I left anything out, you have questions or we need to clarify the above. Thank you. Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Ln., Suite 660 Meridian, ID 83642 (208)898-5500 (208)887-1297 fax watsonb@ci.meridian.id.us <mailto:watsonb@ci.meridian.id.us> 1 March 15, 2002 RZ O 1-004 MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT John Goade ITEM NO. REQUEST Ordinance -Request for a rezone of 8.29 acres from L-O to C-G zones for Waltman Court Subdivision -south of Troutner Business Par1c, between Waltman Lane and Ten Mile Road AGENCY COMMENTS CITY CLERK: See attached Ordinance CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: /~~ MERIDIAN POST OFFICE: ~''~( ~ ADA COUNTY HIGHWAY DISTRICT: / ~ ~ D 2 v 1' SANITARY SERVICE COMPANY ~j CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ~ ~ ©Q Date: /2 ~ Phone: ~ ~~ Materials presented at public meetings shall become property of the City of Meridian. ~ ` ~E~aiohRE~~D-Pt~QUcST OF ADA COU~1t RECORDER .1. DAVID riAVARRO 1002 MY-f A~~ ~~3f ~~S 10205.0337 CITY OF MERIDIAN ORDINANCE NO. 02-944 AN ORDINANCE FINDING THAT JOHN AND SANDRA GOADE, THE OWNER OF CERTAIN REAL PROPERTY KNOWN AS WALTMAN COURT SUBDIVISION HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDL~IV FROM L-O (LIMITED OFFICE DISTRICT) ZONING DISTRICT TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE ' i1-~-2 K, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICL~I. MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDL~IV, COUNTY OF ADA, STATE OF IDAHO: SECTION ~. FINDINGS: The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from L-O (Limited Office) District to C-G (General Retail and Service Commercial) District as defined under Meridian City Code ~ ii-~-2 K; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and JOHN GOADE / (C-G) RZ-of-oo5 RE-ZONE ORDINANCE - i 3. The real property which is the subject of this ordinance is legally described as follows: A parcel of land being a portion of the NE 1/a of Section 13, T..3N., R.1W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/a corner of Section 13, T.3N., R.1W., B.M., Ada County, Idaho; thence N. 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE x/16 corner of said Section 13; thence, N. 00°13'15" E., 25.00 feet along the East 1/16 Line of said Section 13 to the POINT OF BEGINNING; Thence, N. 89°52'22" W. 117.19 feet to the northerly bank of the Ten Mile Drain; Thence along said bank the following courses and distances: N. 30°08'45" W 336.83 feet; Thence N. 62°02'20" W. 74i.7o feet to the south line of Franklin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; Thence leaving said centerline, S. 89°54'So" E. 282.00 feet to the Southeast corner of Lot 18, Block 3, said Franklin Square Subdivision; Thence, N. 00°08'42" E. X07.47 feet to the Southwest corner of Troutner Business Park, records of Ada County Recorder, Boise, Idaho; Thence along the south line of said subdivision the following courses and distances: S. 85°41'16" E. 147.43 feet; Thence, N. 79°54'52" E. 523.46 feet to the Southeast corner of said subdivision and said East 1/16 Line of Section 13; Thence, S. 00°13'15" W. 826.93 feet to the point of beginning, said parcel containing 8.2g acres. 4. The following conditions shall be required as follows to-wit: Sanitary sewer service to this site is proposed via extensions from an existing main in Troutner Business Park, and from the Ten Mile Trunk line. 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. Water service to this site shall be via extensions from an existing main in Troutner Business Park. 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 Works Department. A condition of the development agreement is that the applicant shall extend a water supply system to the proposed site. 3. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the JOHN GOADE / (C-G) RZ-of-005 RE-ZONE ORDINANCE - 2 • 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, asingle-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. 4. Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. A condition of the development agreement is that the right-of--way for Ten Mile Drain shall be addressed before the land is developed. To date, this has not been done with any specificity. The easement for the pedestrian pathway shall be shown on the plat. Additionally, no easement for Ten Mile Creek is shown on the plan. The plan shall be revised to show the easement/right-of--way for the Ten Mile Drain and the pathway area as agreed to with the Meridian parks Director. The right-of--way of Ten Mile Creek shall be contained within a separate common lot, with a pedestrian easement recorded for access. A pedestrian walkway shall be installed as part of this development. Coordinate pathway and fencing details with the Parks Director. Detailed landscape plans for this common lot shall be submitted for review and approval with submittal of the Final Plat application. A letter of credit or cash surety shall be required for the improvements prior to City signature on the Final Plat. 5. Any entry signage for the subdivision shall be placed outside of a 40= X 40= clear sight triangle, measured from the intersection of Corporate Drive and S.W. Fifth Place. As part of the conditional use permits for the individual lots, include details of all proposed signage. Show any proposed entry signage location on the required landscape plan to be submitted with the final plat application. 6. As a condition of annexation and the associated development agreement, all uses are required to be developed under the conditional use permit process. Apparently, Ada County Highway District constructed drainage ponds in the area of Lot i, Block 2, without a conditional use permit. The design of these ponds is of concern, particularly when the area shall be highly visible when Corporate Drive is extended and aesthetics need to be reviewed. Due to the fact that this northwest portion of the property is already JOHN GOADE / (C-G) RZ-of-oo5 RE-ZONE ORDINANCE - g • developed (which was the primary concern of staff during the original annexation process), removal of the requirement for a separate conditional use permit process for each individual lot shall be allowed and request that the development agreement be amended accordingly if the City Council concurs. ~. Add or modify the following notes: i5. All lots within this subdivision are subject to the terms of a development agreement recorded as Instrument No. 99039306, records of Ada County, Idaho, and any amendments thereto. 8. Due to the fact that Corporate Drive shall experience significant traffic once transitional properties are developed and access is available to the Landing Subdivision, direct access to Corporate Drive shall be prohibited for all lots within Block 3. 9. Show dedication of required right-of--way on Waltman Lane on the plat. 10. Provide a temporary turnaround at the west end of Corporate Drive and provide evidence of deposit of funds to Ada County Highway District for future bridge construction. Corporate Drive is intended to be connected to Greenhead in the Landing Subdivision in the future. 11. Ten copies of a conceptual landscape plan and ten copies of a revised plat showing all easements and pathway location shall be submitted to the City Clerk at least one week prior to the hearing with City Council. Also submit one 81/2 x ii reduction of each plan. 12. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names with the final plat application. Make any corrections necessary to conform. i3. Coordinate fire hydrant placement with the City of Meridian Public Works Department. i4. Provide five-foot-wide sidewalks in accordance with City Ordinance 12-5-2.K. ~5. All construction shall conform to the requirements of the Americans with Disabilities Act. i6. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance, except as provided for under site specific requirements. The ditches to be JOHN GOADE / (C-G) RZ-of-oo5 RE-ZONE ORDINANCE - 4 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 Works Department. ~~. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. i8. Two-hundred-fifty watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 19. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 20. Applicant shall be required to file a Land Use Change/Site Development application. SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (C-G) General Retail and Service Commercial District. SECTION g. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. JOHN GOADE / (C-G) RZ-of-oo5 RE-ZONE ORDINANCE - 5 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /~~~` day of ~ G~it,G~ , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~` day of ~ZG~LGi2~ , 2002. A' City Clerk ~" ~ First Reading: ~'~~ 0 ~ Adopted after first reading by susp~ Idaho Code 50-902 Yes:_ Second Reading: -- Third Reading: --- STATE OF IDAHO, ) . ss. County of Ada. ) ,~ r ,;. ,i ~ ~` ~~ ~~ ~:-- . ~~~~~ s allowed pursuant to No: On this , ~ day of `'YI~ (,Vli~ , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~~~i• •• •••O ~ •,~••~ (SEAL) a ~ ~ ~ NOTARY PUBLIC F R~IDAHO RESIDING AT: CD ~~.G~c.-e~ :_ `~ ,AI~;LC~, ~_'• MY COMMISSION EXPIRES: o ~- 8 - .~ ~- JOHN GOADE ~'~L~G) RZ-o1-o05 RE-ZONE ORDINANCE -6 March 15, 2002 RZ 01-006 MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT Elixir Industries ITEM NO. REQUEST Ordinance -Request for a rezone from I-L to L-O zones for proposed Elixir Subdivision - 521 North Eagle Road AGENCY COMMENTS CITY CLERK: See attached Ordinance CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: ~n MERIDIAN POST OFFICE: e ~ ~ ADA COUNTY HIGHWAY DISTRICT: V SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ~ 4 ~ Date;3 1 ~ Phone: ~ ~j '~,~ ~ ~ $ ~ ~~ I Materials presented at public meetings shall become property of the City of Meridian. "r - J ~ ~'IJWv RD~D - R~QU~ST OF ~ , AOA CU!l~ITY RECORDER J• gAYID PdAYARRO 0^~~~, COr,.,~.~ FEE~DEPUI''~'_. 2~02MY-1 AM 8~ 31Jr~gS l 02Q5~3~~ ~V CITY OF MERIDIAN ORDINANCE NO. 02-945 AN ORDINANCE FINDING THAT ELIXIR INDUSTRIES, THE OWNER OF CERTAIN REAL PROPERTY KNOWN AS ELIXIR SUBDIVISION HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDL~I~T FROM I-L (LIGHT INDUSTRIAL DISTRICT) TO L-O (LIMITED OFFICE DISTRICT) ZONING DISTRICT AS DEFINED UNDER MERIDIAN CITY CODE ~ li-~-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: i. The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from I-L (Light Industrial) District to L- O (Limited Office) District as defined under Meridian City Code ii-~-2 G; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as follows: ELIXIR INDUSTRIES / (L-O) RZ-oi-ooh RE-ZONE ORDINANCE -1 A parcel of land being a portion of the SE 1/4 of Section 8, T. 3N., R. iE., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap marking the Southeast corner of said SE 1/a of Section 8, thence North o1°29'03" East 1298.35 feet along the Easterly boundary of said SE 1/4 to the Northerly right of way line of the Union Pacific Railroad, thence North 88°28'2'7" West ~o.oo feet along said Northerly right-of--way line to a point on the Westerly right- of-way line of N. Eagle Road, thence North of°29'o3" West 279.93 feet along said Westerly right-of--way line to the REAL POINT OF BEGINNING; Thence leaving said Westerly right-of--way line, North 88°28'27" West 259.63 feet to a point; Thence North of°29'o3" East i7o.oo feet to a point; Thence South 88°28'27" East 202.61 feet to a point on said Westerly right-of--way line; Thence South 6g°o4'o4" East 60.47 feet along said Westerly right-of--way line to a point; Thence South of°29'o3" West 149.91 feet along said right-of--way line to the point of beginning, comprising l.oo acres, more or less. SUBJECT TO: Any easements of record or appearing on the above described parcel of land. 4. The following conditions shall be required as follows to-wit: 1. Provide afire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Show all proximity hydrants within 500' of the project. 2. All corners shall have a 28' inside radius and 48' outside radius. 3. Comply with the 1997 Uniform Fire Code for the storage of Medical Gases. 4. Applicant shall be required to comply with the Ada County Highway District's letter dated July 18, 2001, including the ELIXIR INDUSTRIES / (L-O) RZ-o1-o06 RE-ZONE ORDINANCE - 2 • • Special Recommendations to the City of Meridian, Special Recommendations to Idaho Transportation Department, Site Specific Requirements and Standard Requirements prior to ACHD's approval of the final plat. SECTION 2. That the above-described Property be, and the same is hereby re- zonedand designed (L-O) Limited Office District. SECTION g. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSE~D~ BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this / _ day of ~/1'I Cit.GlL.~ , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /Gl day of !~i ~~~ ____ , 2002. ATTEST: rty Clerk First Reading: /y,© Z Adopted after first reading by s~ Idaho Code 5o-go2 Yes: Second Reading: Third Reading:_ ~'! ~nw. ~ ~,~R L~I~F allowed pursuant to No: ELIXIR INDUSTRIES / (L-O) RZ-o1-o06 RE-ZONE ORDINANCE - 3 STATE OF IDAHO,) ss. • County of Ada. ) On this ~~ day of ~~ , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •~----~• .• pN S •. (SEAL) ~ `'~% '~ ~ NOTARY PUBLIC FOR IDAHO ~~ tt RESIDING AT: ~o~G~- C~~ , Dt,~ ~, ~ ~ MY COMMISSION EXPIRES. 0~ - Z~'~ O~ • ~ ~o: . ,r~;, •....,. Z:\Work\M\Meridian\Meridian i536oM\Elixier Sub RZoi-oob PPoi-oi4 VARoi-oil\RZOrdinance.doc ELIXIR INDUSTRIES / (L-O) RZ-oi-oob RE-ZONE ORDINANCE - 4 March 15, 2002 RZ O 1-004 MERIDIAN CITY COUNCIL MEETING March 19, 2002. APPLICANT Meridian Water Department ITEM NO. REQUEST Ordinance -Request for a rezone from an R-8 to L-O zone for Meridian Water Department -- 2235 Northwest 8th Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See coached Ordinance ~ ~.6 ~/P Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ~~;~,~ ° f INIe~~~un •CORD~D~ ~~au~sr o~ a~~ co~~r~ R~caR~~~ .~, C3~Vip NAVA~Ri~ ccr C E ~ z~~~Mr-~ ass=32 ~- S ~o~o~o~~ p~ CITY OF MERIDIAN ORDINANCE NO. 02-946 AN ORDINANCE FINDING THAT THE OWNER, CITY OF MERIDIAN, FOR CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO L-O (LIMITED OFFICE DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE ' 11-']-2 G, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION ~. FINDINGS: 1. The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) District to L-O (Limited Office) District as defined under Meridian City Code ' ii-~-2 G; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and MERIDIAN WATER DEPARTMENT (L-O) RZ-of-oo4 / RE-ZONE ORDINANCE - i • 3. The real property which is the subject of this ordinance is legally described as follows: A parcel located in the SW 1/a of Section i, Township 3 North, Range i West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northeasterly corner of said SW i/a (C 1/a corner). from which a brass cap monument marking the southeasterly corner of said SW i/a bears S o°24'So" E a distance of 2647.99 feet; Thence S o°24'So" E along the easterly boundary of said SW 1/4 a distance of 69.49 feet to the POINT OF BEGINNING; Thence continuing S o°24'So" E a distance of 589.54 feet to a point; Thence leaving said easterly boundary S 89°39'So" W a distance of 82.81 feet to a point; Thence N 2°27'32" W a distance of 166.45 feet to a point; Thence N 81°29'05" W a distance of 76.11 feet to a point; Thence N 42°48'io" W a distance of 88.80 feet to a point; Thence N 34°35'20" W a distance of 118.62 feet to a point; Thence N o°18'19" W a distance of 248.66 feet to a point; Thence N 89°48'20" E a distance of 289.96 feet to the POINT OF BEINNING. This parcel contains 2.89 acres and is subject to any easement's existing or in use. SECTION 2. That the above-described Properly be, and the same is hereby re- zoned and designed (L-O) Limited Office District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. MERIDIAN WATER DEPARTMENT (L-O) RZ-o1-o04 / RE-ZONE ORDINANCE - 2 n u SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL F THE CITY OF MERIDIAN, IDAHO, this /cl ~~ day of Gam.-c~v , 2002. APPROVV~ BY THE MAYOR OF THE CI OF MERIDIAN, IDAHO, this ~~ - day of , 002. ~~~ ~ " ATTEST sM1~'`~,~"`~, `'' :` ~o~~~ r ^ ~ City Clerk ~ ' a~::~ ~» V ~. Y A t ~q First Reading: ~~1~'~ Z ~,~. ~ °~!=~~-1_a~ t~ ~° ~1:YM .. g "y~ Adopted after first reading by suspe ~`~ ion of ~~e;~ule as allowed pursuant to Idaho Code 50-902 Yes: No: Second Reading: Third Reading: MERIDIAN WATER DEPARTMENT (L-O) RZ-of-oo4 / RE-ZONE ORDINANCE - 3 STATE OF IDAHO, ) ss. County of Ada. ) • On this ~~~ day of ~ O~R1~-> , 2002, before me, the undersigned, a Notary Public in`" and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. o~~~~~~• (SEAL) •• O_N 3 •• •' ~OT~~,~~. NOTARY PUBLIC R IDAHO ~ RESIDING AT: Gt. C©1.vv~_ - - G-~~ MY COMMISSION EXPIRES: D ^2g-off :s1 -....• Z:\Work\M\Meridian\Meridian 1536oM\Meridian Water Dept RZoi-oo4\RZOrdinance.doc MERIDIAN WATER DEPARTMENT (L-O) RZ-oi-oo4 / RE-ZONE ORDINANCE - 4 BEFORE THE MERIDIAN CITY COUNCIL C/C 03-19-02 IN THE MATTER OF THE APPLICATION FOR THE FINAL PLAT FOR MALLANE COMMERICAL COMPLEX, LOCATED AT THE NORTHWEST CORNER OF FAIRVIEW AVENUE AND HICKORY LANE, MERIDIAN, IDAHO BY: THE LAND GROUP, INC. CASE NO. TE-02-001 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE FINAL PLAT This matter coming on regularly before the City Council on the 19``' day of March, 2002, upon the Applicant's time application for a one (1) year extension within which to submit the Final Plat, which was originally approved on March 6, 2001, as provided in § 12-3-6 B, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time until March 6, 2003, of this Order within which to submit the Final Development Plan Plat for the above entitled subdivision application. By action of the City Council at its regular meeting on the f ~~~ day of ~~~-G~ , 2002. Order Granting A One (1) Year Time Extension For Filing The Final Plat (TE-02-001) 1 DATED this 2 ~ day of /~~-G~• , 2002. ~ ~ r Robert D. Corrie Copy served upon Applicant, Planning and Zoning Department, Public Worlcs and the City Attorney. ,_ +~'~' ~ v. ~ s~.,- ,~ „~-- <: ? ~: ,,,. B /~ r/'~~-- Dated: d ~Z ~~~~ "~" `vim City Clerk ~~ ` -~ ~.~__ ~:;= ~-~ Z:\Worlc\M\Meridian\Meridian 15360M\Mallane Commercial Complex TE02-001\FPTime Extension-2-OOl.doc Order Granting A One (1) Year Time Extension For Filing The Final Plat (TE-02-001) 2 ~'~ ~ ~ RECEDED MAR 19 2002 DELINQUENCY FOR TURN OFF SCHEDULED FOR 03/20/02 Cit1 of Meridian City Clerk OffiQe MAYOR: This is to inform you in writing, if you so choose, that you have the right to a predetermination hearing at 7:30 P.M. Tuesday, March 19, 2002, 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 March 20, 2002 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 $35251.50. i} , CITY OF MERIDIAN Delinquent Account List-council Page: 1 Standard Payment Customers Mar 19,2002 04:29pm Current Period: 03/31/2002 No Delinquent Minimum AmauntDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No = {<) 9900000 Last Pmt Last Pmt Cust No Name Balance Non-0elinq 01/31/2002 12/31/2001 11/30/2001 Date Amount Msg 1.3980.1 ADA COUNTY OPERATIONS 117.50 81.89 35.61 - - 02/27/2002 75.41 -none 69.0832.1 ADAMS, RAYMOND & VICKIE 105.49 55.83 49.66 - - 02/20/2002 38.17 -none 5.0812.1 ADAMS, ROBERT & SUSAN 67.05 61.05 6.00 - - 03/01/2002 48.28 -none 51.1134.1 AIC REALTY LLC 47.98 - 10.00 4.22 33.78 12/04/2000 12.96 - 42.2370.3 AIKMAN, WILLIAM 66.66 33.16 26.68 8.82 - - 74.3698.2 ALBIN, CATHY 63.38 26.68 36.68 - - 01/24/2002 61.16 - 50.1476.1 ALI & FARHA ISHAQ, SABIHA 770.44 397.72 317.60 55.12 - 03/18/2002 347.00 -none 20.1484.2 ALLEN, CHERYL 67.50 38.99 30.51 - - 01/09/2002 26.68 - 31.3422.1 ALLEN, TIM 89.37 49.58 39.81 - - 02119/2002 32.00 -none 19.6556.2 AMAR, STEVE 59.84 33.16 26.68 - - 01/22/2002 - 67.19 - 22.2108.1 AMERICRAFT HOMES 43.18 33.18 10.00 - - 02!04/2002 97.84 - 20.1704.1 ANDERSON, DOUG 42.09 35.81 6.48 - - 01/22/2002 29.13 -none 50.4502.2 ANDERSON, STAN 73.87 36.99 36.68 - - 01/24/2002 61.16 - 74.2758.3 ANDREW PROPERTIES ,107.24 42.00 38.17 27.07 - 01/16/2002 13.00 - 47.0048.1 ANTHONY, MAX 73.83 40.67 32.96 - - 01/76/2002 29.13 -none 21.0092.1 ARCHIBALD, JOHN 45.57 39.44 6.13 - - 02/20/2002 32.96 -none 42.1988.2 ARMSTRONG, GARY & LAURA 119.61 62.29 57.32 - - 02/19/2002 42.00 - 53.0700.1 ARNOLD MACHINERY 710.36 381.10 288.82 40.44 - 02/22/2002 288.82 -none 69.0530.1 ATCHISON, JEFFERY 88.90 44.45 44.45 - - 02/11/2002 36.79 -none 51.0354.1 AUDIO ELECTRONICS 75.84 41.06 34.58 - - 01/29/2002 34.58 -none 34.3280.2 AUGUST, HENRY & TILLIE 63.18 36.99 26.19 - - 01/23/2002 31.00 - 21.1928.1 BAILEY, BRUCE R 79.31 41.90 37.41 - - 02/14!2002 50.00 -none 2.3550.2 BAILEY, PEGGY 111.08 42.05 40.51 28.52 - 01/23/2002 120.00 - 51.0290.3 BAILEY, PEGGY 69.84 43.16 26.68 - - 02/20!2002 36.68 - 3.0326.1 BAIN, RAND 162.55 98.95 63.60 - - 02/20/2002 266.03 -none 32.1172.1 BAKER, ELSIE M. 42.99 36.99 6.00 - - 02/21/2002 20.68 -none 4.0934.2 BALDWIN, CAMERON 88.52 33.16 26.68 26.68 - - 69.0590.1 BAPTISTS, MONTGOMERY 435.50 - 29.13 228.29 178.08 11/20/2001 148.94 -none 21.1018.4 BARNEY, MARY 120.84 63.52 57.32 - - - 21.1894.1 BARNHART, CLINTON 75.85 35.61 40.24 - - 01/23/2002 55.00 -none 21.0464.1 BARR, JERROD F 75.36 45.61 29.75 - - 02/20/2002 40.00 -none 34.0752.1 BATES, STEVE 59.84 33.16 26.68 - - 01/15/2002 30.51 -none 42.3068.1 BAUDER, KEN 44.67 36.84 7.83 - - 02/14/2002 35.00 -none 37.3828.2 BEAR CREEK LLC 53.36 26.68 26.68 - - - 14.5010.2 BEAUCANNON, JUSTIN 52.41 50.79 1.62 - - 02/22/2002 40.00 - 1.0030.1 BEAUDOIN, JOHN R 53.16 33.16 20.00 - - 02/19/2002 44.76 -none 32.0950.1 BECKER, NICHOLAS 124.18 68.71 55.47 - - 02/19/2002 58.00 -none 32.1076.2 BEESON, LORRAINE 88.52 33.16 28.68 26.88 - 12/24/2001 26.68 - 32.0508.1 BELL, DERRICK 101.83 56.00 45.83 - - 01/28/2002 42.00 -none 33.1828.1 BELL, RONALD & JULIE 120.72 67.23 53.49 - - 02/20/2002 55.83 -none 16.3010.1 BENCO INC 135.32 6.48 26.68 26.68 75.48 09/07/2001 52.76 - 19.6688.1 BENNETT, MASON 119.07 68.45 50.62 - - 02/20/2002 44.45 -none 68.0312.2- BENSON, JR. DARRL 76.34 38.17 38.17 - - 02/06/2002 30.51 - 33.2596.1 BENTLEY, A 98.00 52.17 45.83 - - 01/22/2002 85.02 -none 32.0856.1 BEVINGTON, H LARUE 96.77 58.60 38.17 - - 01/22/2002 99.20 -none 69.0270.1 BEZEMER, LAWRENCE 34.34 26.68 7.66 - - 03107!2002 28.68 -none 74.3298.1 BIENAPFL, ROB 8 CARMEN 73.58 40.62 32.96 - - 02/19/2002 32.96 -none 50.1856.1 BIG BEAVER 56.89 34.35 22.34 - - 10/29/2001 47.19 -none 50.3714.2 GINGHAM, DUNCAN & PAULINE 155.05 71.17 55.94 27.94 - 12/17/2001 35.71 - 35.1430.1 GLAIR, FREDERIG & PHYLLIS 33.67 27.19 6.48 - - - 2.2140.1 GLAIR WILMA 40.35 33.16 7.19 - 01/22!2002 50.00 -none '•' in Msg column indiptes no Notice is to be sent CITY OF ML'RIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Mar 19,2002 04:29pm Current Period: 03/31/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/31/2002 12/31/2001 11/30/2001 Date Amount Msg 4.2200.1 BLAYE, LUCREZIA 93.59 49.56 44.03 - - 02/19/2002 74.00 -none 33.2730.1 BLEAZARD, BARRETT 69.96 43.28 26.68 - - 03/14/2002 27.76 -none 51.0506.1 BOGGIS, CONNIE 129.33 41.25 37.37 25.88 24.83 02/01/2002 15.00 -none 52.0246.1 BOLO'S PUB & EATERY 248.72 229.57 19.15 - - 02/22/2002 207.43 -none 34.1318.2 BOOHER, CRAIG & DANA 101.83 56.00 45.83 - - 02/19/2002 53.49 - 46.0488.1 BORCHARDT, KEVIN 8~ TINA 98.00 52.17 45.83 - - 02/13/2002 42.00 -none 35.5043.2 BORGMAN,RUSSELL 295.93 47.11 248.82 - - 01/22/2002 38.17- 51.4310.1 BOWER INVESTMENTS, LLP 50.24 23.36 26.88 - - 01/30/2002 53.76 - 74.3258.2 BRADY, MARK 47.39 29.13 18.26 - - 02/14!2002 50.00 - 31.3022.2 BREEDLOVE, RUSSELL & MICHE 95.92 36.99 30.51 28.42 - 01/04/2002 30.00 - 21.0178.2 BREINHOLT, AARON 133.67 28.17 36.68 34.34 34.48 - 1.0800.1 BREWER,. SID & SHELLY 62.60 33.16 29.44 - - 02/20/2002 40.00 -none 1.3510.4 BRINEGAR, E. E. 66.00 33.16 32.84 - - 03/04/2002 25.00 - 2.1320.1 BRINEGAR, ELVIN 279.09 90.30 76.47 49.88 62.86 12/04/2001 230.77 -none 21.2564.4 BRINEGAR, KATHLEEN 63.19 27.72 13.86 13.88 7.75 12/19/2001 50.00 - 222628.2 BROCKETT 63.67 33.16 30.51 - - 01/25/2002 '26.88 - 19.4458.1 BROOKS FULLER HOMES 209.24 39.44 29.13 29.13 111.54 02/19/2002 45.00 -none 74.3810.1 BROWN, ROBERT 69.75 36.79 32.96 - - 01/22/2002 67.15 -none 19.0560.2 BRYANT, LESLIE 74.86 41.90 32.98 - - 01/29/2002 8.08 - 33.1852.1 BUNDY, DOYLE 88.94 50.94 38.00 - - 02/19/2002 42.17 -none 14.3556.1 BURCHFIELD ENT 22.04 15.56 6.48 - - -. 19.7150.2 BURCHFIELD, DARRELL 58.06 36.84 21.22 - - 02/15/2002 40.00 - 50.4226.2 BURCHTORT, JOHN & KAREN 71.07 34.39 36.68 - - 01/23/2002 74.97 - 19.8510.2 BURKETT,-MARK 97.63 69.68 27.95 - - 02/20/2002 60.00- 422460.1 BURTON, JACK 107.88 55.88 52.00 - - 02/20/2002 34.34 -none 22.0804.2 BUTTERFIELD, CHARLES 71.33 33.16 38.17 - - 01/15/2002 34.34 - 51.0298.2 BYE,DEANNA 138.34 84.85 ,53.49 - - 02/13/2002 45.83- 321452.1 BYRNE, JASON 137.10 82.95 54.15 - - 01/22/2002 40.00 -none 50.0728.2 C.F.I. INVESTMENTS 59.84 33.16 26.68 - - 01/29/2002 26.68 -none 50.0724.1 C.F.I. INVESTMENTS 89.84 33.16 26.68 26.68 3.32 01/15!2002 . 52.80 - 3.0048.3 CARLO, CHRISTA 180.32 117.83 62.49 - - 02/20/2002 100.00 - 34.1808.2 CARPENTER, DOUGLAS 96.35 59.56 36.79 - - 02/20/2002 50.62 - 2212521 CARSON, LAWRENCE 48.48 36.99 11.49 - - 03/11/2002 30.51 -none 69.11222 CARTER, J.R. 122.29 64.98 57.31 - - 02/19/2002 65.00 - 5.0840.1 CARTWRIGHT, DOUGLAS 83.51 47.10 36.41 - - 01/22/2002 41.00 -none 21.2834.1 CASE, CYRUS 72.40 39.44 32.96 - - 01/16/2002 40.62 -none 2.5130.1 CASPERSEN, MAUREEN K 95.38 43.27 52.11 - - 01/11/2002 102.59 -none 50.0310.2 CASS, BRUCE C 82.56 48.22 34.34 - - 02/20/2002 40.51 - 4.1254.2 CATES, JENNIFER 113.13 68.45 44.68 - - 02/27/2002 45.00 - 48.1610.1 CB FINANCIAL DEV. L.L.C. 887.70 701.31 186.39 - - 03/07/2002 365.41 - 74.03921 CHADWICK, LARRY & SUSIE 30.69 30.51 .18 - - 02/22/2002 26.50 -none 46.0232.3 CHAN, KIN WA 68.54 67.20 1.34 - - - 1.0720.3 CHANDLER, ALLAN 59.84 33.16 26.68 - - 02/22/2002 26.68 - 1.0230.1 CHESTER, FAYE 63.67 33.16 30.51 - - 01/16/2002 52.34 -none 15.0047.2 CHRISTENSEN, DAVID 67.52 63.52 4.00 - - 02/19/2002 80.00 - 20.1606.3 CHRISWELL, LEE ANNA 240.90 139.83 32.96 44.45 23.66 03/02/2002 75.00 - 32.1278.1 CHURCH, LARRY 59.84 33.16 26.68 - - 02/21/2002 26.68 -none 2.6050.1 CLARK, DOUG AND JOYCE 95.00 44.81 28'.33 21.86 - 02/20/2002 50.00 -none 74.3616.1 CLARK, TRAVIS 58.26 29.13 29.13 - - 01/25/2002 29.13 -none 40.0432.1 CLARKE, JOHN 128.69 - - - 128.69 07/17/2001 73.28 -none 74.3850.2 COLSON, CHRIS 71.02 30.51 40.51 - - 01/23/2002 52.73 - 21.3299.1 COMMUNITY PROPERTY 495.97 - - - 495.97 10/15/2001 753.05 -none 50.0280.2 COOK, JOHN 59.84 33.16 26.68 - - 01 /17/2002 26.68 - 42.2992.1 COPE, TIMOTHY 104.18 36.99 40.51 26.68 - 01/23/2002 33.11 -none 74.3818.1 CORDELL TODD 128.05 128.05 07/1 B/2001 80.00 -none '•• in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List-council Page: 3 Standard Payment Customers Mar 19,2002 04:29pm Current Period: 03/31/2002 No Delinquent Minimum AmountDelinquent Balance last Pmt Last Pmt Gust No Name Balance Non-Delinq 01/31/2002 12/31/2001 11/30/2001 Date Amount Msg 4.1746.1 COSGROVE, AMY 74.74 45.61 29.13 - - 02/20/2002 39.13 -none 34.1312.1 COULTER, SCOTT 34.89 33.16 1.73 - - 03/18/2002 26.68 -none 33.3592.1 GRADER, PAMELA 254.67 - - - 254.67 07/18/2001 48.52 -none 74.0100.2 CRAW FORD, SARAH 40.04 26.68 13.36 - - 01/24/2002 44.48 - 42.3062.1 CROFT, KENNETH 77.30 39.45 37.85 - - 01/22/2002 34.00 -none 33.2376.2 CRONER CHAD 155.36 - 6.48 48.17 100.71 10/24/2001 136.79 - 69.0100.1 CROSSMAN, DEBBIE & WARRED 88.90 40.82 48.28 - - 01/17/2002 38.17 -none 21.1918.1 CULVER, JAMES 82.52 45.73 36.79 - - 02/12/2002 32.96 -none 50.1388.1 CULVER, WARN V. 48.53 43.85 2.68 - - 10/16/2001 450.00 -none 21.2922.2 CUTLER, JASON & KIMBERLY 92.46 77.48 15.00 - - 03/19/2002. 82.43 - 50.3734.1 CZARNECKI, CHERYL 76.39 45.88 30.51 - - 01/11/2002 ' 62.39 -none 2.0080.1 DALICE PLUMBING ~ 82.60 33.18 38.17 11.27 - 02/19/2002 20.00 -none 42.2388.2 DALY, BERT 250.47 39.44 29.13 32.96 148.94 11/21/2001 310.26 - 2.4330.1 DANNENHAUER, CHARLES 59.84 33.16 28.68 - - 01/04/2002 53.36 -none 50.4574.3 DAROSA, JOE 139.98 50.94 36.68 28.68 25.68 - 74.1058.1 DAVIS, NORMA 85.81 30.51 26.68 28.42 - 12/27/2001 40.00 -none 21.3070.1 DECK, KIMBERLY 104.98 64.77 40.21 - - 02/20/2002. 50.00 -none 74.3158.2 DEES, RICHARD & JANICE 53.36 26.88 26.68 - - 01/29/2002 '28.68 - 34.0444.5 DELVECCHIO, LISA 80.22 42.05 38.17 - - 02/04/2002 38.17 - 1.0930.1 DENNEN, DEVON & HEATHER 71.61 43.16- 28.68 1.77 - 02/20/2002 40.00 -none 2.1960.1 DICKSON, DONALD M 65.47 40.82 24.85 - - 01/23/2002 100.00 -none 89.0490.1 DIXON, SCOTT & HEATHER 81.02 26.68 34.34 - - 02/19/2002 30.04 -none 3.0720.1 DOBARAN, JOHN & ARVELLA . 41.47 24.59 18.88 - - 02/19/2002 16.88 -none 3.0700.1 DOBARAN, JOHN & ARVELLA 184.56 50.17 134.12 .27 - 01/30/2002 112.63 -none 3.0730.1 DOBARAN, JOHN & ARVELLA 379.28 192.88 186.40 - - 02/19/2002 186.40 -none 50.0140.1 DODGE, JAMES & JOAN 175.56 83.90 64.98 26.68 - 01/10/2002 34.48 -none 33.2594.2 DONALDSON, NEAL 78.69 45.73 32.96 - - 02/19/2002 , ° 29.13 - 40.0218.2 DONNELLY, ALAN 87.46 50.67 36.79 - - 02!20/2002 32.96 - 42.1200.1 DOOLEY, DAVID & LESLIE 69.80 36.84 32.96 - - 02/21/2002 29.13 -none 35.14321 DOWNER, GREG & LORENZI, AS 27.24 20.76 6.48 - - 01/16/2002 1.62 - 3.0342.2 DRISKELL, GARY 94.01 57.22 36.79 - - 02/05/2002 44.45 - 4.22821 DRURY, PATRICK 71.00 50.79 20.21 - - 02/19/2002 50.00 -none 51.0698.2 DUEROCK, WALTER 63.67 36.99 28.68 - - 02/14/2002 33.16 - 50.1224.1 DUNBAR, WILLIAM & PATRICIA 59.84 33.16 28.88 - - 01!29/2002 18.68 -none 34.0398.1 DUNCAN, RICHARD 85.28 47.11 38.17 - - 01/22/2002 95.09 -none 3.0014.1 DUNSWORTH, BRAD 72.40 43.27 29.13 - - 01/09/2002 71.80 -none 21.1972.2 EAGY, MICHAEL 59.84 33.16 26.68 - - 01/29/2002 38.68 - 74.3784.1 EBBERS, MARIE 29.14 29.13 .01 - - 02/27/2002 58.25 -none 2.1690.3 EBLEN, EARL 39.14 - - 10.00 29.14 - 50.4802.2 EBORN, RICHARD 67.94 50.94 17.00 - - 02/25/2002 25.00 - 48.4850.1 ELIXIR INDUSTRIES 310.62 210.24 100.38 - - 03/18/2002 58.32 - 72.0101.1 ELK RUN HOMEOWNERS ASSO( 16.20 - - - 16.20 11/15/2001 223.58 -none 35.3052.1 ELLER, MICHAEL & CHERYL 46.12 33.16 6.48 6.48 - - 48.1601.1 ELLIOTT GROUP LLC 604.26 - - - 604.26 - 22.1140.2 ELLIOTT, JOE 155.15 72.40 82.75 - - 01/30/2002 82.75 - 34.0592.1 ELLIS, TODD & DANA 155.01 93.88 61.13 - - 02/19/2002 75.00 -none 2.1940.1 EPLEY, RITA 49.07 36.99 12.08 - - 02/13/2002 30.00 -none 74.2686.1 EPPERSON, DAREN 53.91 29.13 24.78 - - 02/20/2002 30.00 -none 50.1236.3 ERHART, MILT 59.84 33.16 26.68 - - 02/04/2002 26.68 - 2.3484.1 ERICKSON, RICHARD 94.17 52.17 42.00 - - 02/19/2002 49.57 -none 1.3670.1 FARRAND, SHELLIE 59.84 33.16 26.68 - - 01/30/2002 36.68 -none 1.3860.1 FARRAND, SHELLIE 147.40 49.57 38.17 59.66 - 12/19/2001 126.69 -none 33.3678.1 FAYLOR, MILFORD 245.77 45.88 38.17 34.34 127.38 03/19/2002 38.17 -none 74.0104.1 FERGUISON, RANDALL C 57.19 30.51 26.68 - - 02/15/2002 26.68 -none 74.0328.4 FISHEL GEORGE 46.77 44.45 2.32 - 03/13/2002 50.00 - ••• in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Mar 19,2002 04:30pm Current Period: 03/31/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/31/2002 12/31/2001 11/30/2001 Date Amount Msg 74.1006.1 FISHEL, GEORGE 362.79 87.62 68.47 60.81 145.89 02/15/2002 68.47 -none 74.1056.1 FISHER, BEA J. 61.02 30.51 30.51 - - 02/19/2002 34.02 -none 51.3990.1 FISHER, DANNY W 55.24 34.39 20.85 - - 11/09/2001 100.00 -none 31.3462.1 FISHER, EARL 59.84 33.18 26.68 - - 01!24/2002 26.36 -none 2.0740.1 FISK, PATRICK 158.74 93.76 64.98 - - 02/20/2002. 90.30 -none 5.0800.1 FITZSIMMONS, TOM 77.50 33.16 44.34 - - 01/23/2002 58.28 -none 48.2694.1 FOOD SERVICES OF AMERICA 1,796.81 1,189.16 607.65 - - 03/11/2002 1,283.91 -none 65.0712.1 FORBUS,DON 94.17 56.00 38.17 - - 01/30/2002 38.17- 1.0780.3 FORREY, MATTHEW & CAMMI 93.62 32.36 61.26 - - 03/04/2002 26.00 - 21.0190.1 FOX, TRAVIS 38.51 36.99 1.52 - - 03/04/2002 30.51 -none 2.5840.1 FRANK, GARY 78.26 38.99 34.34 6.93 - 03/04/2002 75.00 -none 74.0350.1 FRANK, GARY E 97.83 45.83 52.00 - - 01/23/2002 99.34 -none 21.0160.2 FRANZEN, JAKE 169.00 129.87 39.13 - - 02/21/2002 46.79 - 68.0142.1 FRAZEE, ANGIE 44.34 4200 2.34 - - 03/02/2002, - 34.34 -none 2.4930.4 FREEMAN, SARAH 106.14 43.16 62.98 - - 03/07/2002 61.00 - 31.3050.1 FRENCH, DEBRA 8282 48.48 34.34 - - 01/08/2002 63.48 -none 22.2506.2 FRIES, CHRS & TRACY 88.05 57.08 28.97 - - - 51.0120.1 FRONTIER TIRE 238.49 128.61 109.88 - - 01/22/2002 102.36 -none 34.2856.1 FROSTROM, ED & KATHY 65.87 40.82 24.85 - - 01/16/2002 50.00 -none 33.4258.1 FROSTROM, STEVE & TERRI 90.34 48.34 42.00 - - 01 /25/2002 65.77 -none 14.3526.2 FUCHS, PATRICK & KIMBERLEE ` 72.56 45.88 26.68 - - 02/11/2002 26.68 - 32.1542.1 FUHRMAN, JOSHUA 74.90 44.39 30.51 - - 02/20/2002 40.51 -none 21.3048.2 GARLICK, LEWIS 217.38 119.31 98.07 - - 02/19/2002 96.58 - 46.0188.2 GATES, JOHN 87.46 46.99 40.47 - - 02/20!2002 50.50 - 32.1384.2 GATES, KEN 77.46 44.50. 32.96 - - 01/29/2002 36.79 - 1.0940.5 GILBERT, CARL 101.28 83.66 37.62 - - 02/15/2002. 100.00 - 15.0108.1 GLENN JOHNSON HOMES 113.26 8.94 36.68 28.68 40.96 10/09/2001 6.48 - 15.0278.1 GLENN JOHNSON HOMES 112.12 - 6.48 36.68 68.96 10/09/2001 12.96 - 35.0152.1 GLENN JOHNSON HOMES 28.38 - - - 26.38 10/09/2001 28.04 - 35.0256.1 GLENN JOHNSON HOMES 240.28 50.82 45.83 34.34 109.29 08/03/2001 69.24 - 68.0150.1 GLENN, SHANE 8 JENNIFER 91.24 44.45 46.79 - - 01/23/2002 70.98 -none 5.0262.2 GLINES, MARK & YVONNE 89.15 42.05 30.51 16.59 - 03/11/2002.. 34.34 - 21.0106.1 GOODIN, JASON 58.31 50.65 7.66 - - 03!19/2002 36.79 -none 31.3374.1 GOULDING, PAULINE 186.28 108.13 78.13 - - 02/20/2002 50.00 -none 33.0101.1 GRAND AUTO #04533 122.51 - - 48.60 73.91 01/17/2002 48.60 -none 74.3022.1 GRAY, RICHARD & GAYLE 81.24 36.79 44.45 - - 01/14/2002 48.28 -none 34.0884.1 GREENFIELD, LONNIE 72.56 42.05 30.51 - - 01/29/2002 34.34 -none 50.1486.4 GRIEP, RONALD & PATRICA 158.93 97.57 61.36 - - - 31.0158.1 GRIFFIN, RICHARD & GAIL 72.32 81.06 11.28 - - 03/04/2002 50.00 -none 34.0382.2 GRIMM, ROBERT & TERRY 56.68 56:00 .68 - - 03/15/2002 26.00 - 50.2412.3 GRISHAM, DANIEL & JANET 42.34 42.05 .29 - - 03/19/2002 34.34 - 33.0850.2 GROFF, MARY 68.75 41.47 27.28 - - - 31.0764.1 GROGAN, JIMM 134.51 36.68 34.34 63.49 - 12/19/2001 109.55 -none 2.4290.1 GROSSO, SHADOW 63.87 33.18 30.51 - - 02/19/2002 37.28 -none 3.0034.1 GROUND, JENNIFER 83.83 40.67 42.96 - - 01/23/2002 73.95 -none 69.0578.1 GROVES, DARRELL 8 NANCY 104.22 48.28 55.94 - - 02/15/2002 48.28 -none 21.0462.3 GUNNARSON, HOWARD & RUTF 96.63 58.46 38.17 - - - 50.2378.1 GUTHMIILER, BRIAN A 208.47 53.40 153.07 - - 01/16/2002 99.45 -none 31.0012.3 GUYMON, GREG 87.88 61.20 26.68 - - 01/28/2002 26.68 - 74.0074.1 HACKING, DALE 80.17 42.00 38.17 - - 01/11/2002 71.14 -none 32.1380.2 HAILEY, SEAN 69.84 33.16 36.68 - - 01/24/2002 61.16 - 20.1478.2 HAKE, KAREN 43.58 38.07 5.51 - - 11/29/2001 300.00 - 33.1678.1 HALE DEVELOPMENT 40.20 33.16 7.04 - - 02/14/2002 26.12 - . 4.1594.1 HALL, BRIAN 87.95 55.88 32.07 - - 02/20/2002 40.00 -none 31 2300.1 HALLOCK DOUGLAS S. 108.59 62.14 44.45 02/19/2002 29.13 -none "' in Msg column indiptes no Notice is to be sent EITY OF MERIDIAN Delinquent Account List-council Page: 5 Standard Payment Customers Mar 19,2002 04:30pm Current Period: 03/31/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt CustNo Name Balance Non-Delinq 01/31/2002 12/31/2001 11/30/2001 Date Amount Msg 40.0234.1 HAMMOND, DONALD 98.93 40.67 29.13 29.13 - 01!16/2002 66.80 -none 46.0434.1 HAMMONS, KEVIN 53.81 33.16 20.65 - - 02/05/2002 40.37 -none 31.3394.2 HANHARDT, ANDREW & CAMILL 88.57 35.61 32.96 - - 02/19/2002 39.13 - 74.3240.2 HANSEN, WADE 71.54 40.62 30.92 - - 02/08/2002 35.00 - 2.1530.3 HARPER JAIME 99.23 53.40 45.83 - - 01/29/2002 49.66 - 72.0158.1 HARRIS, CINDI 97.84 52.11 45.73 - - 03/07/2002 60.00 -none 33.0116.1 HEARTLAND MERIDIAN COMM. 84.24 45.36 38.88 - - 01/16/2002 76.34 -none 69.0694.2 HEATON, CHAD & HEATHER 165.28 78.81 86.47 - - 02/20/2002 42.00 - 2.5330.2 HEBERT, DAVID & BRENDA 128.59 81.17 44.45 2.97 - 02/20/2002 .100.00 - 21.2262.1 HECOCK, JAMES 48.02 41.90 6.12 - - 03/05/2002 30.00 -none 89.0388.1 HEEB, ROBERT 68.68 30.51 38.17 - - 01/22/2002 57.32 -none 2.2788.1 HENDERSHOT CONSTRUCTION 19.44 12.96 6.48 - - - 2.8830.1 HENSEN, JAMES & RENA 389.79 35.61 29.13 29.13 275.92 08/21/2001 223.16 -none 1.0150.1 HERKSHAN, ENDS & VERONICA 100.68 36.68 26.68 37.30 - 01/02/2002 30.00 -none 33.1618.1 HERONBROOK LLC 29.84 23.36 8.48 - - 02/14/2002 8.48 - 35.0047.2 HERSLEY, SCOTT 41.69 40.82 .87 - - 02/12/2002 51.00 - 74.0384.2 RESTER, LLOYD & SHERRY 150.18 89.14 34.34 28.68 - 01/08/2002 1.62 - 21.0012.1 HINE, DONALD 88.35 49.56 36.79 - - 02/08/2002 56.07 -none 50.4810.2 HIX, MICHAEL 63.67 36.99 26.88 - - 01/24/2002 30.51 - 3.0268.1 HOBDEY, BRIAN 74.75 35.61 29.13 10.01 - 01/28/2002 35.00 -none 50.3710.1 HODOR, LARRY 64.94 64.77 .17 - - 02/20/2002 80.00 -none 5.0722.1 HOLLEY, DAVID 157.32 112.98 44.34 - - 02/20/2002 42.90 -none 19.0354.2 HOLLOWAY, JENNIFER & TAD 90.06 39.44 50.62 - - 01/23/2002 82.61 - 20.1316.1 HOME BUILDERS 161.76 6.48 36.68 36.68 81.92 - 22.2368.1 HOME BUILDERS 95.62 - - - 95.62 07/23/2001 26.38 - 3.0362.1 HONG, GREG 8 NANCY 159.81 96.21 63.60 - - 02/20/2002 104.24 -none 4.0810.2 ROUST, DALE & JANICE 46.85 36.85 10.00 - - 01/23/2002 152.95 - 1.0470.4 HOWELL, GAYLEEN 58.10 30.99 24.51 2.60 - - 33.2852.1 HOWELL, KATHLEEN 100.34 62.17 38.17 - - 02/21/2002 42.00 -none 32.1424.2 HUDLET, KIMBERLY 63.67 33.16 30.51 - - 01/16/2002 30.51 - 51.0714.2 HUMPHREYS, JOHN 80.25 39.45 40.80 - - 01!18/2002 74.00- 5.0756.1 HUNTER, STEVE 116.85 64.74 52.11 - - 01/16/2002 55.94 -none 49.1148.1 IDAHO HEATING AND AIR 369.60 220.69 148.91 - - 01/22/2002 149.91 - 33.2754.1 INGOE, BRADLEY 85.28 47.11 38.17 - - 01/30/2002 40.51 -none 42.0310.2 JACOBS, THOMAS 121.43 28.90 92.53 - - 01/16/2002 44.84 - 23.3012.2 JAEGER,KEVIN & CLAY, TINA 65.41 42.05 23.36 - - 01/28/2002 30.00 - 15.0023.1 JAMES A BENJAMIN 80.22 42.05 38.17 - - 01/15/2002 34.34 - 32.0936.1 JARDINE, MICHAEL 151.34 94.04 57.30 - - 02/20/2002 57.34 -none 21.1912.1 JENKINS, DWIGHT 62.30 35.62 26.68 - - 01/08/2002 45.83 -none 21.2830.1 JESSEE, KEVIN 43.01 36.99 6.02 - - 02/27/2002 35.00 -none 42.3060.1 JOHNSON, MATHEW 74.74 35.61 39.13 - - 01/23/2002 70.85 -none 34.0390.2 JOHNSON, PETER 123.26 78.57 44.45 .24 - 02/20/2002 55.00 - 7.0886.3 JOHNSON, ROGER & HOLLY 86.23 39.44 46.79 - - 01/23/2002 72.21 - 19.0098.1 JOHNSON, SAMUEL 58.05 49.56 8.49 - - 12/24/2001 90.41 -none 51.4290.1 JONES, BRET 407.70 245.18 162.52 - - 02/15/2002 122.73 -none 22.1418.1 JONES, MICHELLE . 125.04 43.77 29.13 39.13 13.01 12/19/2001 160.00 -none 4.1138.2 JONES, NATHAN & SARAH 74.90 34.39 40.51 - - 01/23/2002 68.68 - 4.1768.3 JONES, STEPHEN & CONNIE 69.36 52.17 17.19 - - 02/13/2002 50.00 - 20.1988.1 JONES, SYLVIA 655.10 488.72 166.38 - - 03/14/2002 150.00 -none 33.2750.1 JORDAN, JOHN L 63.03 54.62 8.41 - - 02/21/2002 36.04 -none 69.0116.1 JORGENSEN, RICKEY 81.24 36.79 44.45 - - 02/01/2002 32.96 -none 32.0522.2 JUHASZ, DON C. 81.36 80.07 1.29 - - 02/19/2002 120.00 - 22.1408.1 KEATHLEY, CLARENCE 52.47 52.16 .31 - - 02/27/2002 44.00 -none 50.4638.1 KEENE, JAMES 73.79 43.28 30.51 - - 02/19/2002 42.00 -none 22.1514.2 KEHR, JOHN 73.08 69.80 3.28 - 03/01/2002 75.00 - "' in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Arxount List- council Page: 6 Standard Payment Customers Mar 19,2002 04:30pm Current Period: 03/31/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-0elinq 01/31/2002 12/31/2001 11/30/2001 Date Amount Msg 69.0780.1 KELLEY, WESLEY & GERRI 68.68 34.34 34.34 - - 01/03/2002 67.17 -none 6.1930.1 KENT JOHNSON 57.12 23.36 16.88 16.88 - 01/02/2002 6.48 - 19.7164.4 KESSLER, SHELIA 244.58 26.68 26.68 26.68 164.54 - 74.3080:1 KIEHL, ANDREW 8 DENISE 80.17 45.83 34.34 - - 01/22/2002 64.85 -none 50.0594.1 KINDALL, AARON & MISTIE 82.82 44.65 38.17 - - 02/19/2002 30.51 - 33.2704.2 KINDALL, DAVID 34.14 33.16 .98 - - 03/06/2002 29.00 - 21.2090.1 KINGSTON, CHRISTIE 212.06 35.61 78.92 62.11 35.42 12/21!2001 36.65 -none 74.3358.1 KLEIN, DANIEL & MARILYN 29.24 29.13 .11 - - 03/06/2002 29.02 -none 74.3252:2 KOEPPLIN, COREY 30.90 26.68 4.22 - - 02/07/2002 26.68 - 21.2106.4 KOUBA, WARREN 63.67 36.99 26.68 - - 02/04/2002 34.34 - 19.6642:1 KRENZ, ROY 114.00 48.33 32.96 32.71 - 03/07/2002 40.00 -none 21.1550.2 KROMMENHOEK, PAUL 56.96 46.96 10.00 - - 02/21/2002 36.79 - 50.4642.3 KUGEL, LISA 123.32 -50.94 38.17 34.21 - 01/22/2002 50.00 - 50.0676.1 LACASA LAVILLA 453.00 450.48 2.52 - - 02/22/2002 404.14 -none 50.0720:1 LACASA I.AVILLA 96.36 93.44 2.92 - - 02/22/2002 35.35 -none 21.1940.3 LANCE, EDWARD & DELOY 59.84 33.16 26.68 - - - 4.1776.1 LANSING, BUD 114.39 62.28 52.11 - - 02/07/2002 48.28 -none 1.0890.1 LANTZ, STAN 98.30 49.71 45.83 2.76 - 12/19/2001 37.75 -none 20.0208.2 LARGEVIN, MICHAEL & DARCIE 123.64 48.33 39.13 36.18 - 01/23/2002 50.00 - 2.4990.2 LAUFENBERG, JIM 8 TAMMIE 82.88 50.94 26.68 5.26 - - 21.2824.1 LEACH, GLEN 64.74 35.61 29.13 - - 01/22/2002 58.26 -none 20.1986.3 LEDO, CHRISTOPHER & GLAYDE 98.00 52.17 45.83 - - 01/22/2002 99.46 - 65.0302.2 LEPPEK, MICHAEL 26.68 - - 26.68 - 01/30/2002 26.68 - 15.0154.1 LESLIE HUG 19.44 12.96 6.48 - - - 42.2712.3 LESTER, DAVID & JUDITH 145.08 57.23 87.85 - - 02/19/2002 117.00 - 72.0208.1 LEWIS, PHILLIP 75.92 32.96 42.96 - - 01/23/2002 61.95 -none 34.1754.1 LIEBERMAN, DAVID 105.52 63.52 42.00 - - 02/01/2002 52.00 -none 20.1848:1 LINGEL, DWAYNE 84.98 49.56 35.42 - - 01/15/2002 45.82 -none 32.0602.1 LOLLEY, JUDITH 44.18 38.99 7.19 - - 01/29/2002 60.00 -none 4.1562.3 LONGSTREET, GARRET 148.44 121.76 26.68 - - 02/07/2002 60.84 - 2.4270:1 LORD, LARRY R. 53.20 33.16 20.04 - - 01/25/2002 70.00 -none 19.7608:2 LOVELAND, DUANE E 6.48 - 6.48 - - 12/24/2001 25.88 - 21.2636.1 LUCERO, ROBERT & TRACY 79.88 42.05 37.83 - - 02/20/2002 25.00 -none 15.0662.1 LUND, JOHNETHAN 59.84 33.16 28.68 - - 01 /15/2002 9.08 - 2.4790.2 LUTZ, SHAUN 8 AMBER 74.74 45.61 29.13 - - 02/20/2002 32.96 - 74.0110.1 MACE, DON 29.68 26.68 3.00 - - 02/27/2002 23.68 -none 74.2840.1 MACHO, CRAIG & TAMMY 102.72 55.94 46.78 - - 02/14!2002 70.00 -none 2.4480.1 MADRID, JOSEPH F 73.67 33.16 40.51 - - 01/23/2002 72.91 -none 1.3350.1 MADSEN, LOU 53.52 33.16 20.36 - - 02/27/2002 30.00 -none 46.0374.1 MADURA,'DENNIS 73.79 43.28 30.51 - - 01/08/2002 30.51 -none 15.0406.2 MAESTAS, DEBBIE _77.62 43.28 34.34 - - 01/30/2002 26.68 - 32.4904.2 MAJORS, LYLE 86.52 33.16 26.68 26.68 - - 74.2642.1 MANWARING, MARK 151.01 52.11 44.45 54.45 - 12/26/2001 106.40 -none 34.1472.1 MARKHAM, RON 107.84 49.56 58.28 - - 01/23/2002 94.93 -none 42.1950.1 MARTIN, DANIEL K. 114.15 62.14 52.01 - - 02/13/2002 54.55 -none 74.3592.4 MARTIN, PATTI 62.32 49.66 12.66 - - - 21.2238.1 MASCROFT, JOHN & LEANN 77.46 40.67 36.79 - - 01/29/2002 44.45 -none 50.3704.2 MATA, FREDIE 112.98 67.49 45.49 - - 02/19/2002 60.00 - 51.4040.1 MATLOCK, JAMES 58.24 32.36 25.88 - - 02/19/2002 25.88 -none 3.0128.1 MATTHEWS, BRENT & KIMBERL' 90.80 33.16 26.68 30.96 - 03/11/2002 26.68 -none 22.1068.2 MAUPIN, SHELLY D 36.43 35.61 .82 - - 01/04/2002 157.29 - 50.4821.1 MAWS #3-SPRINLKER 3.24 - - - 3.24 11/21/2001 42.12- 1.2050.1 MCBRIDE, D.B. 110.00 32.36 25.88 25.88 25.88 03/13/2001 225.87 -none 33.2582.2 MCCALL, MICHAEL 59.84 33.16 26.68 - - - 74.2826.2 MCCASHLAND, DAVID 45.36 44.45 .91 03/11/2002 40.00 - •'• in Msg column indicates no Notice is to be sent .-~, CITY OF MERIDIAN Delinquent Account List- counal Page: 7 Standard Payment Customers Mar 19,2002 04:31pm Current Period: 03/31/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-0elinq 01/31/2002 12/31/2001 11/30/2001 Date Amount Msg 22.1530.1 MCDONALD, TORY 156.53 90.18 66.35 - - 02/19/2002 50.00 -none 50.0400.2 MCFADDEN , CLEORA 108.00 B3.66 44.34 - - 01/23/2002 58.42 - 32.0230.1 MCFADDEN, LEONARD 137.39 80.07 57.32 - - 01/22/2002 12218 -none 50.2192.1 MCGREGOR, JASON 78.73 38.22 40.51 - - 01/23/2002 54.59 -none 34.1972.3 MCKEE, LESLIE 9218 57:23 34.95 - - 01/24/2002 94.48 - 2.6270.5 MCKINLEY, JUNE 105.65 65.85 39.80 - - 02/20/2002 50.00 - 21.2154.1 MCKINNEY, BRIAN 84.74 35.81 29.13 - - 02/27/2002 29.13 -none 33.2556:1 MCLEAN, BRANDON 51.11 50.94 .17 - - 01/29/2002 38.00 -none 2.3892.1 MCNALLEY, RUSSELL 154.08 43.18 110.92 - - 02/22/2002 80.00 -none 74.0420.2 MCNEIL, JACOB 52.75 26.68 26.07 - - 01/28/2002 26.68 - 20:1698.1 MEACHAM, MICHAEL L. 127.16 50.82 34.34 42.00 - 01/24/2002 100.56 -none 18.3504.1 MEDALLION HOMES 112.12 - 6.48 36.68 68.96 11/08/2001 40.66 - 1.2730.1 MELLEN, ANGELA 126.93 7229 54.64 - - 02/20/2002 40.00 -none 52.1090.1 MERIDIAN SPEEDWAY 3,588.95 - - - 3,588.95 03/11/2002 500.00 -none 50.0554.2 METZGER, MICHELLE 72.40 43.27 29.13 - - 01!25/2002 42.96 - 2.2030.1 MEYER, VIRGINIA 39.00 3236 6.64 - - 03/18/2002 25.00 -none 42.4034.1 MEYERS, SCOTT 93.57 55.74 37.83 - - 02/20/2002 60.00 -none 50.3876.2 MILIKEN, MICHELLE 86.52 33.16 26.68 26.68 - 12/18/2001 71.42 - 31.2984.2 MILLER, JENNIFER 200.85 120.55 80.30 - - 02/05/2002 76.47 - 34.2044.1 MILLER, WILLIAM G. 83.79 43.28 40.51 - - 01/23/2002 83.62 -none 21.2820.1 MOGEL, BRYAN 64.74 r 35.61 29.13 - - 01/22/2002 68.26 -none 4.0538.1 MONSON, THOMAS 84.74 .35.61 29.13 - - 01/29/2002 29.13 -none 34.0754.1 MONTROSE, SCOTT 111.95 62.29 49.66 - - 02/04/2002 49.86 -none 32.0816.1 MOORE, RICK T. 69.80 40.67 29.13 - - 02/13/2002 39.13 -none 4.1634.1 MOORE, RUSSELL C 69.84 33.16 36.68 - - 01/24/2002 144.72 -none 31.0184.1 MORRISON, MARIANNE 52.17 48.34 3.83 - - 03/19/2002 38.17 -none 2.0526.1 MOSSI, DAVID L 96.65 58.48 38.17 - - 02/20/2002 45.83 -none 22.1602.2 MOUNCE, ROBERT 126.85 88.57 58.28 - - 01/24/2002 95.33 - 32.0650.2 MOWRY, CHARLOTTE 59.84 33.16 26.68 - - 01/14/2002 26.68 - 32.1606.2 NASIATKA, JEFFREY 67.50 36.99 30.51 - - 02/04/2002 26.68 - 4.1876.2 NEEDS, KATHY 259.56 165.97 93.59 - - 02/20/2002 80.00 - 65.0450.1 NELSON, MARILYN 34.52 33.16- 1.36 - - 01/16/2002 52.00 -none 20.1744.1 NEMEC, ROBERT 78.69 41.90 36.79 - - 02/01!2002 36.79 -none 2.0774.1 NEWMAN,KELLY 71.03 41.90 29.13 - - 01/17/2002 40.62-none 13.8434.1 NORTH WOODS CONSTRUCTIOI 54.43 33.16 21.27 - - 01/04!2002 14.49 - 13.8464.1 NORTH WOODS CONSTRUCTIOI 34.23 33.16 1.07 - - 01/04/2002 11.89 - 32.1260.2 OCHOA, RAMON 73.21 43.28 26.68 3.25 - - 72.0258.1 OLDS, ANGELA 60.29 34.34 25.95 - - 01/15/2002 64.00 -none 74.2436.1 OSMAN, KATHLEEN .01 - .O7 - - 03/05/2002 71.56 -none 13.2094.2 OVERY, ROBBY 137.69 42.05 30.51 34.34 30.79 02!22/2002 50.51 - 72.0268.1 OWEN, KENNETH 78.79 36.48 40.31 - - 01/30/2002 36.48 -none 50.3898.1 OWEN, KEVIN 88.49 36.99 29.50 - - 02/19/2002 35.00 -none 22.0454.1 P. JANSSON, JANIE 113.16 81.05 52.11 - - 02/19/2002 62.11 -none 31.3284.2 PACE, ALAN 78.13 43.28 26.68 8.17 - 12/18/2001 64.37 - 2.1280.1 PACK, TRACY 91.78 36.19 29.71 25.88 - 12/19/2001 29.71 -none 50.1770.2 PALMER, ELDON 257.02 131.75 125.27 - - 01/29/2002 125.27 - 42.2378.1 PALMER, LISA 63.67 36.99 26.68 - - 02/01/2002 26.68 -none 32.0638.2 PALMER, PAT 103.08 64.77 38.31 - - 02/20/2002 45.00 - 31.3280.1 PALMER, PAT 116.77 54.77 61.15 .85 - 02!19/2002 71.00 -none .21.2114.2 PALMER, PAT 69.74 35.61 29.13 5.00 - 10/24/2001 150.00 - 32.0536.2 PASTA, AMBER 59.84 33.16 26.88 - - - 2.2490.2 PATTERSON, DEENA L 36.38 - - - 38.38 05/17/2001 52.76 - 4.0522.1 PEACOCK, ROBERT 35.74 35.81 .13 - - 02/15/2002 4.00 -none 2.5550.1 PECK, JERALD x29.80 66.32 53.36 10.12 - 02/13/2002 53.36 -none 69.0214.1 PERRY DAN & LORI 114.84 49.68 64.98 - - 01/30/2002 81.54 -none •'• in Msg ~lumn indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Mar 19,2002 04:32pm Current Period: 03/31/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/31/2002 12/31/2001 11/30!2001 Date Amount. Msg 69.2262.1 SEDILLO, JOE 378.76 64.98 61.15 57.32 195.31 02/20/2002 100.00 -none 74.0090.1 SETZKE, CAROL 53.36 26.68 26.68 - - 01/22/2002 26.68 -none 34.2784.1 SEVER, JASON W 77.62 43.28 34.34 - - 02/15/2002 48.17 -none 74.0322.2 SHELDON, PAM 70.50 34.34 36.16 - - 02/19/2002 40.51 - 42.2526.1 SHELTROWN, ROGER 74.85 60.91 13.94 - - 03/19/2002 52.00 -none 22.1010.1 SHEPARD, TINA 64.74 35.61 29.13 - - 01/22/2002 29.13 -none 22.1552.1 SHIREMAN, WENDY 67.13 41.90 25.23 - - .02/12/2002 30.00 -none 50.0292.1 SHOEMAKER, TAMI 81.40 64.89 16.51 - - 03/04/2002. .70 -none 2.4860.1 SHURTE; JAN 43.94 41.25 2.69 - - 03/04/2002 27.02 -none 74.3096.1 SIGMOND, SERGIO 100.39 52.11 48.28 - - 02/19/2002 48.96 -none 2.2500.1 SILVA, JOSEPH 147.04 145.99 1.05 - - 03/13/2002 103.00 -none 69.1292.3 SIMMONS, BRETT 67.19 30.51 36.68 - - 01/23/2002 118.63 - 21.2838.2 SINGLETON, RODNEY 124.55 60.90 63.65 - - 02/20/2002 61.00 - 422390.1 SKAGGS, JOY &NUSS, SHAUN 81.07 34.39 26.68 - - 01/17/2002 36.68 -none 7.0906.4 SMALL, DENNIS 82.40 43.27 39.13 - - 01/23/2002 76.18 - 31.0134.1 SMITH, BRADLEY 69.84 33.16 36.68 - - 02/19/2002 40.65 -none 21.3010.1 SMRH, BRYAN 93.58 72.43 21.15 - - 03/19/2002. .40.00 -none 65.0622.2 SMITH, JODY 67.71 63.51 4.20 - - 01/28/2002. 40.62 - 21.1782.1 SMITH, PAUL 69.80 36.84 32.98 - - 02/04/2002 29.13 -none 50.0012.1 SMITH, PAUL H. 37.04 36.99 .05 - - 03/18/2002 35.00 -none 21.2188.2 SMITH,RORY 148.72 73.63 75.09 - - 01/15/2002 148.69- 69.0180.1 SNIDER, JERRY 60.38 57.01 3.35 - - 02/19/2002 46.00 -none 34.0726.4 SOMSEN, GAYLENE 240.75 223.87 16.88 - - - 33.3752.1 SPATH, SIDNEY .105.36 80.91 44.45 - - 02/19/2002 58.28 -none 2.3430.1 SPEARS, BRYCE J. 99.99 54.77 34.34 10.88 - 02/25/2002 65.00 -none 20.2999.1 SPRINKLER -BRENDA ESTATES 143.12 - - - 143.12 - 56.0004.1 ST. LUKES REGIONAL MEDICAL 5,451.24 2,816.47 2,621.10 13.67 - 03/19!2002 2,688.43 -none 2.4520.2 STEBBINS, JODIE - 109.12 64.77 44.35 - - 02/20/2002 45.00 - 5.0416.1 STIEF; PATTY 111.89 70.87 41.02 - - 01/28/2002 80.68 -none 42.3056.3 STINAR, ILENE 86.39 38.22 48.17 - - 01/23/2002 66.22 - 21.0152.2 STODDARD, NORMAN 108.35 55.85 52.50 - - 02/06/2002 100.00 - 69.0646.1 SUDERMAN, MARK 138.69 63.60 75.09 - - 01/25/2002, 67.43 -none 13.84623 SUNRISE ESTATES 38.03 36.84 1.19 - - - 22.0332.2 SWARTOUT, MICHELLE 155.24 68.45 86.79 - - 02/22/2002 100.00 - 69.1278.1 T C MILLER 114.22 62.11 52.11 - - 02/20/2002 50.62 -none 2.3370.2 TALBOTT, BYRON 106.90 53.54 28.68 26.68 - - 3.0418.1 TEAGUE, RON & JANET 28.10 - - - 28.10 11/15/2001 27.91 -none 33.0056.1 TEL-CAR INC. 808.74 47.00 180.80 106.05 474.89 10/24/2001 322.22 -none 22.2190.2 TEMPLE, RONNIE 78.99 36.99 42.00 - - 01/08/2002 54.59 - 2.1190.1 TERRELL, A 94.05 49.71 44.34 - - 02/04/2002 80.31 -none 54.0018.1 THE PLAYGROUND 209.04 140.18 68.88 - - 02/22/2002 68.88 -none 54.0012.1 THE PLAYGROUND 611.50 406.74 204.76 - - 02/22/2002 296.68 -none 54.0016.1 THE PLAYGROUND 497.01 376.72 120.29 - - 02/22/2002 277.32 -none 54.0014:1 THE PLAYGROUND 298.02 191.15 106.87 - - 02/22/2002 113.02 -none 50.0350.1 THOMASSON, DAVID C 96.77 50.94 45.83 - - 01/23/2002 38.17 -none 19.5490.1 THOMPSON, DENNIS 113.02 64.74 48.28 - - 01/08/2002 103.94 -none 1.1940.1 THORNE, TORY L 95.39 95.38 .01 - - 03/19/2002 65.95 -none 21.2768.2 THURBER, RICHARD 68.71 61.05 7.66 - - 03/19/2002 36.79 - 19.4458.4 THURBER, RICK 59.84 33.16 26.68 - - 01/22/2002 71.16 - 69.0226.1 TIMA, KAREN 127.20 63.60 63.60 - - 01/18/2002 98.70 -none 4.0936.1 TIMM, SEAN 69.80 40.67 29.13 - - 01/22/2002 29.13 -none 40.0250.1 TOMICH, LONNY 76.93 39.45 37.48 - - 02/19!2002 35.00 -none 42.1216.1 TOROK, ZSOLT 64.74 35.61 29.13 - - 02/04/2002 27.39 -none 21.1576.2 TRAIL, CHARLES 84.74 35.61 29.13 - - 01/17/2002 29.13- 50.3812.1 TREGELLAS MARK 44.65 43.28 1.37 - 03/07/2002 38.17 -none "' in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Mar 19,2002 04:32pm Current Period: 03/31/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt ~ Last Pmt Cust No Name Balance Non-0elinq 01/31/2002 12/31/2001 11/30/2001 Date Amount Msg 21.2814.1 TRUCHOT, DARREN 8 CINDY 64.74 35.61 29.13 - - 02/12/2002 29.13 -none 25.4090.1 TUSCANY HOMES 19.44 12.96 6.48 - - - 25.4050.1 TUSCANY HOMES 93.87 6.48 36.68 26.68 24.03 - 25.4026.1 TUSCANY HOMES 19.44 12.96 6.48 - - - 25.4052.1 TUSCANY HOMES 81.92 33.16 26.68 22.08 - 01/04/2002 17.56 - 25.4526.1 TUSCANY HOMES 41.19 34.71 8.48 - - - 25.4524.1 TUSCANY HOMES 72.80 33.16 26.68 6.48 6.48 - 25:4528.1 TUSCANY HOMES 72.80 33.16 26.68 6.48 6.48 - 25.4532.1 TUSCANY HOMES 19.44 12.96 6.48 - - - 25.4042.1 TUSCANY HOMES INC. 72.80 33.16 26.68 6.48 6.48 - 25.4010.1 TUSCANY HOMES INC. 72.80 33.16 26.68 6.48 6.48 - 25.4068.1 TUSCANY HOMES 1[~IC. 72.80 33.16 26.68 6.48 6.48 - 42.2348.3 TUTTLE, TAMI 64.74 35.61 29.13 - - 01/22/2002 68.26 - 74.2876.1 USSERY, TRACY 79.77 69.77 10A0 - - 03/19/2002 52.11 -none 423968.1 VANHOUTEN, MIKE 67.70- 35.61 32.09 - - 02/15/2002 30.00 -none 21.1032.1 VELADA, FEDERICO 77.46 40.67 36.79 - - 01/25/2002 63.75 -none 8.1991.1 VIENNA WOODS HOA - SPRINKL 16.20 9.72 8.48 - - 03/11/2002 12.96 - 21.0080.1 VINCENT, SPARKY 53.48 35.61 17.87 - - 03/13/2002 50.67 -none 7.1052.1 VINEYARD, JAMES 112.76 - - - 112.76 07/18/2001 67.52 -none 42.0324.1 VIVES, MARK 78.38 45.73 32.65 - - 02/19/2002 60.00- none 50.3742.2 VNUK, JOHN 103.06 61.06 42.00 - - 02/01/2002 .01 - 35.5017.2 WAGEMAN, CLINT 74.56 42.05 32.51 - - 02/06/2002 50.00 - 34.2734.1 WALL, MIKE 63.67 36.99 26.68 - - 02/04/2002 26.68 -none 20.0126.1 WALLACE, CRAIG & KRISTINE 66.30 66.12 .18 - - 01/04/2002 132.32 -none 1.3340.1 WALSH, RON 136.52 - - - 136.52 01/16/2002 29.17 - ""none 74.3426.1 WARDEN, CAROLYNE 114.64 64.98 49.66 - - 01/17/2002 43.63 - 20.0050.1 WARNKE, CARLA 59.84 33.16 26.68 - - 02!05/2002 30.51 -none 74.3052.1 WATSON, JASON 130.06 40.62 44.45 44.99 - 01!29/2002 90.00 -none 20.0476.1 WAYNE 8 SANDY HOOVER 72.80 33.16 26.68 6.48 6.48 - 51.3198.3 W EAST, W ESLEY 162.55 93.74 68.81 - - 02/01 /2002 49.66 - 3.0100.1 W EATHERMON, TINA 52.92 52.16 .76 - - 03/18/2002 39.00 =none 21.3144.1 WEAVER, LARRY 59.84 33.16 26.68 - - 01!17/2002 26.68 -none 33.4266.1 WEEK, NORMAN 118.24 72.41 45.83 - - 02/19/2002 45.83 -none 50.1904.2 WELLS,GILBERT 74.88 38.07 36.79 - - 02/25/2002 29.13- 37.4100.1 WEST ROCK HOMES 33.16 26.68 6.48 - - 01/22/2002 6.48 - 1.1110.2 WEST, JONI 43.56 36.99 6.57 - - 03/04/2002 53.49 - 6.9818.1 W ESTROCK HOMES 40.24 23.36 16.88 - - 01!22/2002 12.96 - 6.9700.1 WESTROCKHOMES 40.24 23.36 16.88 - - 01/22/2002 12.96- 22.2408.1 WESTROCK HOMES 141.54 12.98 128.58 - - - 37.3808.1 WESTROCKHOMES 33.16 26.68 6.48 - - 01/22/2002 6.48- 37.3384.1 WESTROCK HOMES 42.24 26.68 9.08 6.48 - - 35.0247.1 WESTROCKHOMES 59.84 33.16 26.68 - - 01/22/2002 61.16- 22.2374.1 WESTROCK HOMES INC 59.84 33.16 26.68 - - 01/22/2002 60.74 - 6.1828.1 WESTROCK HOMES, INC. 40.24 23.36 113.88 - - 01/22/2002 23.36 - 37.3810.1 WESTROCK HOMES, INC. 53.38 26.68 26.68 - - 01/22/2002 15.56 - 2.1370.1 WHITE, DEBRA LYNN 49.33 47.11 2.22 - - 02/12/2002 50.00 -none 50.2132.1 W ILCH, PAUL 39.01 33.16 5.85 - - 02/04/2002 26.98 -none 69.1304.1 WILDE, KENNETH 123.16 109.56 13.60 - - 03/19/2002 60.00 -none 2.2040.1 W ILLIAMS, FRED 90.16 48.48 41.68 - - 02/14/2002 38.00 -none 34.0840.1 WILLIAMS, JASON & MICHELLE 64.90 38.22 28.68 - - 01/29/2002 30.51 -none 3.0316.2 WILSON, RUSSELL 90.18 45.73 44.45 - - 01!0412002 94.35 - 34.1954.1 WINGATE, DIANE 81.13 41.89 39.24 - - 01/08/2002 94.63 -none 4.0896.1 WITHERELL, ROBERT 59.84 33.16 28.68 - - 01/10/2002 54.59 -none 31.2248.1 WOLFE, ROBERT 55.38 54.76 .62 - - 02/19!2002 40.00 -none 33.2358.2 WOLIN DALE & LOTS 99.42 52.17 47.25 - 02/19/2002 53.49 - "' in Msg column indicates no Notice is to be sent ., CITY OF MERIDIAN Delinquent Account List-council- Page: 11 Standard Payment Customers Mar 19,2002 04:32pm Current Period: 03/31/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 01/31/2002 12/31/2001 11/30/2001 Date Amount Msg 13.2072.1 WOODHOUSE, PETER 87.46 54.50 32.96 - - 02/20/2002 46.79 -none 31.3344.1 WOODRUFF, NOEL R 135.29 74.73 60.56 - - 02/20/2002 40.00 -none 22.1822.2 WRIGHT,DONALD 106.73 58.45 48.28 - - 01/04/2002 86.02- 35.1018.2 WRIGHT, RANDALL & KIRSTEN 92.70 42.05 50.65 - - 01/24/2002 .74.00 - 50.2426.1 WYATT, SAMUAL 104.29 50.80 53.49 - - 02/15/2002 34.04 -none 50.0028.3 YANKE. RONALD 233.67 121.99 111.68 - - 01/29/2002 111.68 - 22.0814.1 YELVERTON, MARC 99.21 39.44 59.77 - - 01!14/2002 76.32 -none 2.0680.1 YOUNG. AUSTIN L 106.26 70.26 36.00 - - 03/04/2002 43.66 -none 20.1862.1 YOUNG, DOUG 67.20 38.07 29.13 - - 01/29/2002 54.45 -none 7.1072.1 YOUNG, MIKE & ROBIN 92.82 33.16 59.66 - - 01!24/2002 78.38 - 31.3248.2 YOUNG, REBECCA 47.87 46.85 1.02 - - 02/21/2002 70.00 - 42.2742.1 YOUNG, THOMAS 102.90 54.62 48.28 - - 02/19/2002 40.62 -none 51.3110.2 ZEIMER, DALLENE 68.29 30.99 24.51 12.79 - 03/07/2002 30.00 - 46.0446.1 ZIMMERMAN, WILLIAM 57.53 57.23 .30 - - 03/04/2002 30.51 -none Grand Totals: 68,439.54 33,188.04 22,966.16 2,701.97 9,583.37 Report Criteria: Terminated customers not included Customer.Cust No = {<} 9900000 "' in Msg column indicates no Notice is to be sent i ~ ** TX CONFIRMAI~7N REPORT *>k AS OF MAR 26 '02 15 31 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMD# STATUS 30 03126 15 30 Laurel EC--S 01'21" 004 123 OK CITY OF MERIDLAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 19, 2002, at 6:30 p.m City Council Chambers 1. Roll-call Attendance: Tammy de Weerd = C~ gill Nary Cherie McCandless Keith Bird ~_ Mayor Robert Come 2. Adoption of the Agenda: ~{dopz` ~ Q/H Pin.~,eae R~~~~. 3. Pres®ntation of City Logo: /jtar/G ~ ,~.,zi.c~, /y14~-war~n~ ~/rprvve Gle>~uiLecC. /o~o 4. Cons®nt Agenda: A_ Approve minutes of February 27, 2002 City Council Special Meeting: rti~or>7v+~ B. ,Approve minutes of March 6, 2002 City Council Regular Meeting: C. ~~ l~- Approve minutes of March 6, 2002 City Council Special Meeting: (/Ur D. Tabled from February 5, 2002: Order Granting Appeal: AP 01- 00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: ~$~.~/Z A~Yt,TZ 23~ Zoo2 E. Findings of fast and Conclusions of Law for pproval: AZ 01- 021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle andAssociates -1025 North Ten Mile Road: ~j - F. Findings of Fact and Conclusions of Law for Approval: PP 01- 022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R~ zone for proposed B®rkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: !. y~pr o v.2, Meridian City Council Agenda- March 19, 200¢ page 1 0[4 All tttaterials presetmsd a public meetings shall booome Iwoparly of the pity ofMeridiaa. Anyone desiring aecotttmodetiou [or disebilitias relatcd to docutneate and/or bearing,' pleasc oouma the City Cla1c'a 0f5ee e<g88-4433 at least dg hours prior ro tho public moatinig. ** TX CONFIR~ON REPORT ** AS OF MAR 01 '~2 1207 PAGE. 01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMD#t STATUS ----19- 03101 12 05 8889936 EC--S 01'43" 002 184 OK ------------------------------------------ DQQ(~~' CITY" OF MERIDIAN a ~ Q ~ 4 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 19, 2002, at 6:30 p.m. City Council Chambers 1. Rvll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Tabl®d from February 5, 2002: Order Granting Appeal: AP 01- 00 Stop Work Order at 2340 West Franklin Road by Walt Marrow: ~4. Department Reports: A. Public Work's Department -Gary Smith: 1. Tabled from February 19, 2002: White Drain Trunk Sewer Permanent and Temporary Construction Easement -John Kennedy: 5. (Items Moved from Consent Agenda) 6. Presentation of City Logo: 7. Public Hearing: AZ 01-018 Request for annexation and zoning of 85.36 acres from RUT to C-C and C-G zones for proposed EI Dorado Subdivision by W.H. Moore Company -southwest comer of East Overland Road and South Eagle Road: 8. Public Hearing: PP 01-020 Request for Preliminary Plat approval of 32 building lots and 17 other lots +/- on 85.36 acres in a proposed C-C and C-G zone for proposed EI Dorado Business Campus by W.H. Moore Company -southwest corner of East Overland Road and South Eagle Road: MeriSian City Council Agrnda -Match 19, 2002 Alt ~~ Page 1 oft presented u public mernin~ ehoL become property of 1Le qty of Merman Anyone dcairing acoommodalion for disabilities related w dommeeta mdlot hearioga ploasc nomad the qty Clerk's OtGec aR 888-0433 u lean[ A8 bows prior to the public erecting ** TX CONFIRM~N REPORT ** AS OF MAR 27 '~09~41 PAGE.01 CITY OF MERIDIAN 02 DATE TIME TOiFROM 03127 09 40 2088881193 MODE MINiSEC PGS CMD# STATUS EC--S 01'18" 004 025 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 19, 2002, at 6:30 p.m City Council Chambers 1• Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless CC Keith Bird _~ Mayor Robert Corne 2. Adoption of the Agenda: q~o~~ 7~ Q/h tended a~~~a-- 3. Presentation of City Logo: /~Qf/L ~ ,~.e ~. /1? Qn. wQ~~~ d~/~~-e Q-G~zLi~PGL /o~o 4. Consent Agenda: A. Approve minutes of February 27, 2002 City Council Special Meeting: ~r~~~ B. Approve minutes of March 5, 2002 City Council Regular Meeting: C. ~~ vu- Approve minutes of March 6, 2002 City Council Special Meeting: vu~ D. Tabled from February 5, 2002: Order Granting Appeal: AP 01- 00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: ~bCe. u~lz A,~-,.az 23~ ?,002 dn.~ - E. Findings of fact and Conclusions of Law for pproval: AZ 01- 021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: ttic.. 6 - F• Findings of Fact and Conclusions of l.aw for Approval: PP 01- 022 Request for Preliminary Plat approval of 34~ building lots and 7 other lots on 4.83 acres in a proposed R-8 ;zone for proposed Berkeley Square Subdivision by Wanile and Associates - 1025 North Ten Mile Road: ~ipr v v.,~ Muidmo city Counod Agenda .. Mereh 19, Zoos Page 1 of 4 All meteriaLa prcaenrcd at pubGe meeriogs shad become property ofthe City ofblertdiaa, Aoyonc dosbiog aceormtodarioo faJ disabdities related to doeuroeots aaNor besfringa please moms the City Clays Oda a< 888~+f33 at least 48 hours prior to the publlic meeting. ** TX CONFIRt~N REPORT *~ RS OF MAR 18 '02 13 05 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 03 03118 13 04 208 322 7307 MODE MINiSEC PGS CMD#t STATUS EC--S 01'12" 004 093 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 19, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Presentation of City Logo: 4. Consent Agenda: A. Approve minutes of February 27, 2002 City Council Special Meeting: B. Approve minutes of March 5, 2002 City Council Regular Meeting: C. Approve minutes of March 6, 2002 City Council Special Meeting: D. Tabled from February 5, 2002: Order Granting Appeal: AP 01- 00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: E. Findings of Faat and Conclusions of Law for Approval: AZ 01- 021 Request for annexation and zoning of 4.83 acres from RUT to R-S zones for proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: PP 01- 022 Request far Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: T.kridiu Ciry Couatil Agenda- Mereh 19, 2002 Page 1 of4 Al l melerlals preselroed u public meetings shell become properly of she City of bleridiaa. Agorae dweleg aesmintnodeuoa for diaebilitiea relatal to docamaue and/or hearings please eorenr.4 the City Clerk's UfFee at 888433 at lmst 48 boon priwr to die public monimg. ** TX CONFIRN REPORT ** AS OF MAR 20 '02 0B~47 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMD# STATUS 02 03120 08 44 2088848929 G3--S 02'34" 004 127 OK ------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 19, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bitl Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Presentation of City Logo: 4. Gonsent Agenda: A. Approve minutes of February 27, 2002 City Council Special Meeting: B. Approve minutes of March 5, 2002 City Council Regular Meeting: C. Approve minutes of March fi, 2002 City Council Special Meeting: D. Tabled from February 5, 2002: Order Granting Appeal: AP 01- 00 Stop Work Order at 2340 West Franklin Road by Walt Morrow: E. Findings of Fact and Conclusions of Law for Approval: AZ 01- 021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates ~ 1025 North Ten Mile Road: F. Findings of Fact and Conclusions of Law for Approval: PP 09- 022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berk®ley Square Subdivision by WaMle and Associates - 1025 North Ten Mile Road: Mcridiea Cily Counctl Agendo -. Maroh 19, 2002 page 1 of4 NI materials proseooed at public meetings shell becoroe proproty of the ~'tY of Meridian. Anyone desiring accommodation for diaabilitiea rahnod to dowments and/or hearings please cotttatx the City Clalc'a C~~ al 888.4433 at least4g hours prior m the puhlu nwetiag. C~ ~/fq,~~ J 9, Zooms ~ Ttem Packet Pickup