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HomeMy WebLinkAbout2008-08-12C�WEDIAN*,,__­-I IDAHO • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Mayor's Updated Noted Agenda Tuesday, August 12, 2008 at 7:00 p.m. MEETING STARTED AT 7:01 PM `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: IT'S NOW CALLED TEN MILE CHRISTIAN CHURCH 4. Adoption of the Agenda: ADDED ITEM 7132/WITHDREW 6G & 6H — ADOPT AS MODIFIED — ZAREMBA/BIRD 5. Proclamation for 2008 Western States Police & Fire Games: BOB STOWE ACCEPTED FOR THE POLICE DEPT. 6. Consent Agenda: APPROVE: ZAREMBA/ROUNTREE A. Findings of Fact and Conclusions of Law for Approval: AZ 08- 006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Property by Denise Alter — 2741 East Leslie Drive: B. Findings of Fact and Conclusions of Law for Approval: SHP 08-006 Request for Short Plat to create 4 office condominiums in Meridian City Council Meeting Agenda — August 12, 2008 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. an existing building on 1 commercial building lot on 0.66 of an acre in an I -L zone for Northhickory Condominium by Hickory Land Partners, LLC — 1020 North Hickory Avenue: C. Sanitary Sewer and Water Easement Agreement for Three Corners Subdivision by David & Luane Dean: D. Addendum to Development Agreement: MI 08-005 Request for a Miscellaneous application to amend the existing Development Agreement to allow the construction of the four eight-plexes prior to the construction of the Pine/Ten Mile Intersection for Sommersbv Subdivision by Liberty Partners, Inc. — Northeast Corner of West Pine Avenue and North Ten Mile Road: E. Change Order No. 2 with K2 Construction for Water Division Phase 2 Project for $5,069.95: F. Water Main Easement Agreement for Fuller Park by Western Ada Recreation District: G. Buss Mechanical Change Order No 3 for Additional Work to Existing Contract for a Not to Exceed Amount of $10,068.00: Request to withdraw from Keith Watts H. Directive Approval for Weed Abatement 1528 1516 and 1440 West Cherry Lane: Request to Withdraw from Jeff Lavey I. Approval of . TRS Range Services -Contract Addendum for Revisions for Preliminary Indoor Range Design for $3,000.00: 7. Department Reports: A. Sanitary Service Department: 1. Update about Annual CPI Rate Adjustment: STEVE S. WITH SSC SPOKE. GO AHEAD WITH PUBLIC HEARING ON 9/9. WE WILL PUBLISH TWICE. B. Police Department / Fire Department: 1. Discussion of Command Trailer / Radios: JEFF LAVEY SPOKE 2. ADDED: DISCUSSION OF ARIEL LADDER TRUCK. CHIEF ANDERSON SPOKE. MOTION TO APPROVE: ZAREMBA/BIRD Meridian City Council Meeting Agenda — August 12, 2008 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Parks Department: 1. Request to Charge Fees for GIFT Fundraiser: STEVE SIDDOWAY FROM PARKS SPOKE. SUSIE JOHNSON W/ GIFT SPOKE ALSO. APPROVE TO CHARGE FOR HOMERUN DERBY AND WRISTBAND FOR BOUNCE HOUSES WITH NOT TO EXCEED AMOUNT OF $5.00 AND PROVIDE SUFFICIENT INSURANCE. BIRD/ROUNTREE 8. Items Moved from Consent Agenda: 9. FP 08-013 Request for Final Plat approval of 1 building lot and 2 common lots on 4.96 acres in an L-0 zone for Paramount Church Subdivision by Paramount Development, Inc. — West of North Meridian Road and north of West McMillan Road: Staff Recommendation: Approval; final plat substantially complies with approved PP. MOTION TO APPROVE: ROUNTREE/BIRD 10. Continued Public Hearing from July 22, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated Project (CZC 08-018) by Ward Schwider — 130 East Broadway Avenue: Request from applicant to continue to 9/2 or 9/9. verify with applicant MOTION TO CONTINUE TO 9/9 ZAREMBA/BIRD 11. Public Hearing: AP 08-004 Request for City Council Review for a McDonalds Redbox (DVD kiosk) located in an approved C -N zone by Anna Canning, Meridian Planning Director — 3415 West Cherry Lane: Request by Sarah Wheeler to continue to 9/2 MOTION TO CONTINUE TO 9/2 — ZAREMBA/BORTON 12. Public Hearing: PP 08-007 Request for Preliminary Plat approval of 21 building lots on 12.62 acres for Una Mas by Una Mas, LLC — 3945 E. Ustick Road: Request from applicant to continue to 8/26 MOTION TO CONTINUE TO 8/26 — ZAREMBA/BORTON 13. Public Hearing: PP 08-005 Request for Preliminary Plat approval of 5 commercial lots and 1 other lot on 10 acres in a C -G zoning district for Knighthill Center by James Wylie — SWC of W. Chinden Boulevard and N. Linder Road: APPLICANT JAMES WYLIE SPOKE. PUBLIC HEARING: KAREN WALLACE, STEPHANIE DOWNING AND IVAN ? SPOKE. CLOSE PH ON #13 & #14 — ZAREMBA/BIRD MOTION TO Meridian City Council Meeting Agenda — August 12, 2008 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. APPROVE WITH NOTE ABOUT LANDSCAPE BUFFER AT 25' — ZAREMBA/BIRD 14. Public Hearing: MI 08-003 Request for Miscellaneous application approval to modify the recorded Development Agreement for Knighthill Center Subdivision by James Wylie — SWC of W. Chinden Boulevard and N. Linder Road: MOTION TO APPROVE AND NOTE TO ADD A SENTENCE #8 TO DA THAT INCLUDES APPLICANT CROSS ACCESS COMMENTS AND A NOTE TO ADD SENTENCE #9 TO DA REGARDING BERM AND LANDSCAPE BUFFER BUILT TO MAXIMUM HEIGHTH NOT TO EXCEED SLOPE REQUIREMENT — ZAREMBA/BIRD 15. Public Hearing: MDA 08-001 Request for a Development Agreement amendment to include a church and other specified uses designated by the UDC as permitted or conditional in the L -O zoning district for Paramount Subdivision by Paramount Development, Inc. — west of N. Meridian Road and north W. McMillan Road: APPLICANT MIKE WARDLE WITH BRIGHTON CORP. SPOKE. CLOSE PH — ZAREMBA/ROUNTREE. MOTION TO REOPEN PUBLIC HEARING — ZAREMBA/ROUNTREE. APPLICANT MIKE WARDLE SPOKE AGAIN. CLOSE PH AGAIN — ZAREMBA/ROUNTREE. MOTION TO APPROVE TO INCLUDE ALL STAFF COMMENTS TO INCLUDE ASTATEMENT FROM COUNCIL REGARDING TOWNHOMES AND POSSIBLE REZONING. ZAREMBA/BORTON 16. Public Hearing: RZ 08-002 Request for Rezone of 0.55 of an acre from the R-4 to L -O zoning district for Meridian Library Parking Lot Expansion by the Meridian Library District'— 1727 N. Leisure Lane: CLINT DOLSBY SPOKE. APPLICANT RODNEY EVANS SPOKE. PUBLIC HEARING -TERRY LAYTON SPOKE IN FAVOR OF. CLOSE PH — ROUNTREE/BORTON. MOTION TO APPROVE — ROUNTREE/BIRD 17. Public Hearing: VAR 08-006 Request for a Variance to UDC Table 11- 2A-5, which requires a 15 foot rear yard building setback; and UDC 11 -3A - 7C, which limits fencing to 6 feet in height in the R-4 district for Maxwell Patio & Arbors by Sylvia Maxwell — 1065 E. Peacock Street: Staff recommendation: approval JOE ADRIANI (SYLVIA'S NEXT DOOR NEIGHBOR) SPOKE ON HER BEHALF. DEBRA SILVA SPOKE ALSO (ANOTHER NEIGHBOR) MOTION TO CLOSE PH ROUNTREE/ZAREMBA. MOTION TO APPROVE: ROUNTREE/ZAREMBA MEETING ADJOURNED AT 9:12 PM. ROU'NTREE/BIRD Meridian City Council Meeting Agenda — August 12, 2008 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. PRESENT AT MEETING: ANNA CANNING -PLANNING CLINT DOLSBY-PUBLIC WORKS SCOTT COLAIANNI - POLICE RON ANDERSON - FIRE JEFF LAVEY POLICE STEVE SIDDOWAY - PARKS KRISTY - ACHD TED BAIRD - LEGAL MARK NEIMEIER - FIRE Meridian City Council Meeting Agenda — August 12, 2008 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. • Meridian City Council Meeting August 12, 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, August 12, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Charlie Rountree and David Zaremba. Others Present: Ted Baird, Jaycee Holman, Anna Canning, Kyle Radek, Ron Anderson, Mark Niemeyer, Jeff Lavey, Bob Stowe, Scott Colaianni, Steve Siddoway, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Well, good evening. I'd like to welcome you all to the City Council meeting this evening. We appreciate you being here. For the record, it is Tuesday, August 12th. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Darrell Taylor. He's with Ten Mile Christian Church. And I would invite you to join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor, if you will use the microphone. You can stand on this side or that side; however you would like to do it. Thank you. Taylor: Well, Heavenly Father, we are just so truly thankful for living in such a wonderful country and, Father, for the dedication of these men and women that their desire is for a nice place to raise a family and just to have a good community and we thank you, Lord, for their dedication. Father, we are just truly reminded of your mercy and grace each day and we just praise your name for that and, Father, ask now that you Meridian City Council August 12, 2008 Page 2 of 52 will give this committee the wisdom needed take care of the business, Father, in all matters and ask, Lord, too, that you will just give us peace in our hearts knowing that you're our Lord and Savior and we pray this in Jesus' name, amen. De Weerd: Well, pastor, I believe that this is your first time since we have gotten our new city pins. Taylor: Yes, it is. Item 4: Adoption of the Agenda: De Weerd: So, I'd like to offer you our city pin and thank you. Okay. Item 4 is adoption of the agenda. Zaremba: Okay. Madam Mayor? Let me look real quick here. De Weerd: Mr. Zaremba, you want to pull your mike toward you. Zaremba: Yes. Thank you. All right. On the Consent Agenda there has been a request to withdraw Item G and a request to withdraw Item H. Under Department Reports there has been a request to add an item B-2. The fire department would like a discussion of the aerial truck ladder. Item 10, which is a public hearing, there is a request to continue that to either the 2nd or the 9th of September and I'm guessing we will probably do that to the 2nd, unless there is some objection. Item 11, a request to continue that to the 2nd of September. Item 12, a request to,continue to our meeting on the 26th. And that's our budget hearing. Are we continuing anything to that meeting? Holman: Madam Mayor, Members of the Council, the budget hearing starts at 6:00 and, then, the regular meeting starts at 7:00 and we have other public hearing items on the 26th. Zaremba: All right. Thank you. Okay. So, that is all the modifications to the agenda. I move that we approve the agenda as modified. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Proclamation for 2008 Western States Police & Fire Games: 0 • Meridian City Council August 12, 2008 Page 3 of 52 De Weerd: Okay. Item 5 is a proclamation of the 2008 Western States Police and Fire Games and we do have a representative from the Meridian Police Department here to receive this. So, Bob, why don't you come on up. And while I read this proclamation, starting tomorrow we have the privilege of being one of the host cities in the Treasure Valley for these games and we do encourage you to find out more about these games and to participate and support our police and fire from throughout the Treasure Valley in these competitions. So, I will go ahead and read the proclamation. Whereas, the 2008 Western States Police and Fire Games are being hosted by communities in the Treasure Valley, which includes Meridian, and whereas this is the third largest sporting event in the world and whereas WS'PFG -- everything is an acronym -- is a multi -sport olympic style athletic event held annually to promote the physical and mental well being of professionals in the police and fire services and whereas these games provide a friendly, competitive and social environment to encourage and pay homage to the camaraderie among these men and women through sports and whereas the police and fire departments of the City of Meridian have taken the challenge of providing the venues of several of the sporting events and whereas the members of the Meridian Police and Fire Departments and their families are willing to fill pivotal roles as organizers, volunteers, participants and good will ambassadors for these games, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim August 16th through the 23rd, 2008, as Western States Police and Fire Games Days in the City of Meridian in recognition and celebration for the commitment and dedication of these public servants visiting our community. I will present this to you. I did see a mistake on it that we will have to correct and -- but we do hope that you also have an opportunity to share this with the other organizers and if you would give us a brief overview of the ceremonies or the events and certainly the dodge ball team that we have put together. Thank you. Stowe: Thank you very much. Well, first off, I'd like to thank the Mayor and the Council for their continued support in this endeavor. It's been a long two years bringing them here, but we are finally seeing the fruits of everyone's labor and support coming true. Yes, it is true that the Meridian Police Department will have a dodge ball team in competition next Monday, led by none other than Chief Lavey. De Weerd: That will be fierce competition, right, Chief? Stowe: It will be fierce competition. But we do have other events throughout the area, too. Here in Meridian we have baseball, basketball, beach volleyball at Roaring Springs. We have a multitude of events throughout the area. So, I do encourage the public to come out and watch these events, support your local police and firemen and as we compete against some of these teams that have been playing together for a long time and if you have any questions you can call me at the police station or you can visit the website at www.2008wspfg.org, which stands for Western States Police and Fire Games. Thank you very much. • Meridian City Council August 12, 2008 Page 4 of 52 Item 6: Consent Agenda: • A. Findings of Fact and Conclusions of Law for Approval: AZ 08- 006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Property by Denise Alter — 2741 East Leslie Drive: B. Findings of Fact and Conclusions of Law for Approval: SHP 08-006 Request for Short Plat to create 4 office condominiums in an existing building on 1 commercial building lot on 0.66 of an acre in an I -L zone for North hickory Condominium by Hickory Land Partners, LLC - 1020 North Hickory Avenue. C. Sanitary Sewer and Water Easement Agreement for Three Corners Subdivision by David & Luane Dean: D. Addendum to Development Agreement: MI 08-005 Request for a Miscellaneous application to amend the existing Development Agreement to allow the construction of the four eight-plexes prior to the construction of the Pine/Ten Mile Intersection for Sommersbv Subdivision by Liberty Partners, Inc. — Northeast Corner of West Pine Avenue and North Ten Mile Road: E. Change Order No. 2 with K2 Construction for Water Division Phase 2 Project for $5,069.95: F. Water Main Easement Agreement for Fuller Park by Western Ada Recreation District: Approve G. Buss Mechanical Change Order No 3 for Additional Work to Existing Contract for a Not to Exceed Amount of $10,068.00: Request to Withdraw from Keith Watts H. Directive Approval for Weed Abatement 1528, 1516, and 1440 West Cherry Lane: Request to Withdraw Revisions for Preliminary Indoor Range Design for $3,000.00: De Weerd: Thank you, lieutenant. Okay. As we are just drying up over here, Item No. 6 is our Consent Agenda. Zaremba:' Madam Mayor? Meridian City Council August 12, 2008 Page 5 of 52 De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda I would remind everybody that Items G and H have been withdrawn. I would also restate for the record that on item E that the change order with K2 Construction for an amount not to exceed $5,069.95. Item I is a service contract addendum with TRS Range for an amount not to exceed 3,00.0 dollars. And with that I would move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as amended. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Before we move into the Department Reports, if any of the members from the public are here for Items 10, 11 or 12, they are requested to continue because of posting or other reasons. So, we apologize if you're here tonight for any of those items. Are any of you here for any of those items, if you will raise your hand. Okay. Well, good. Then, I don't have to apologize. They were not signed, so we do have to continue them. Item 7: Department Reports: A. Sanitary Service Department: 1. Update about Annual CPI Rate Adjustment: De Weerd. Okay. Item 7 is Department Reports. We will start tonight with Sanitary Services and ask Steve to come forward. Sedlacek: Thank you, Madam Mayor, Members of the Council. I think in your packet you have a memo, dated August 12th from me, regarding our standard annual rate increase. And the rate increase is tied to our contract. One of the difficulties or issues that we need to talk about tonight is the county land fill rates. I have assumed in this memorandum, since I have heard that the rates will be going up October 1st, unfortunately, the commissioners have not published what the rates will be, but I must come to you on a certain schedule to hit my timelines to be effective October 1st, in case we need to go to a public hearing. So, I need your guidance on this issue, I guess. What I have heard is the land fill fees will go up at least 25 percent, but most likely 50 percent. • Meridian City Council August 12, 2008 Page 6 of 52 De Weerd: Fifty? Sedlacek: Yes. And that's on the heels of last year's 67 percent increase. So, basically, this memorandum is based on a 50 percent landfill rate increase and, then., CPI, which I guess my thought was if you have a public hearing, it's better to say what the highest possibility number is and, then, say, well, it didn't do that, than say, well, you know, it's really -- go to a public hearing and say, well, really, the answer is a dollar more than we told you. That's probably not going to fly. So, I -- this is not a situation that I have been in before. I'm not sure how to resolve it. Basically, if you want to go to the memo we can do that. It leads to a two dollar a month rate increase per household. Forty-six cents of it comes to me and $1.54 goes to the county. The 46 cents is, basically, a fuel increase. The CPI this year is about four and a half percent, which is, actually, the highest consumer price index we have had in the 11 years. It's usually around two and a half, now it's four and a half. So, I'm not sure if you want me to go through the memo or how you want to proceed on this kind of quagmire that we are in a little bit. De Weerd: Steve, when is the commission going to entertain the rate increase? Sedlacek: They have been hearing about it from staff, as -I understand it, for many months, but haven't acted. De Weerd: And there is no anticipation of a date? Sedlacek: Every time I call I hear it will be next week, but that's been going on for a month, so -- De Weerd: Well, I would be more than happy to call as well. Sedlacek: I think that would be great. De Weerd: Council, would you like Steve to go through his memo? I'm sure you all have had a chance to take a look at it. We do need to set this for a public hearing, so what would your preference be? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: My preference would be to go ahead with the public hearing with the highest -- we can always come down. Nobody will ever complain if you come down and -- but, we can't raise and we don't know what -- and I don't -- I'm sure the commissioners are • Meridian City Council August 12, 2008 Page 7 of 52 waiting to see what they are going to have to have, too. So, that would be my preference. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I agree. Set it -- set it for a public hearing with the rate increase as directed by Sanitary Services in their memo and see if there is action between now and the public hearing. Sedlacek: If there is action between now and then -- excuse me if I could interrupt. Should I -- would we need to republish? De Weerd: No. I would just publish it for the highest rate and you can -- we can always go down and that would always be appreciated. Sedlacek: Okay. De Weerd: And I will see what I can find out tomorrow as well as to a decision date. What is the earliest date we can post -- post this for our public hearing? Holman: Is this for a rate adjustment to take place October 1 st; correct? So, you would need to publish before that. Sedlacek: The rate is effective October 1st, but on the billing cycles, then, you would see a partial rate bump on the 20th billing and a full rate bump on November 5th, if that's the billing cycle. Holman: So, we could publish the end of September, beginning of October. I'd prefer to -- if we could to do it in September. And we publish these for two weeks. De Weerd: You probably would want, yeah, sufficient time for public viewing and -- Sedlacek: Since it's effective October 1st, I don't know -- I don't know how the timing works, how far back you have to go in the cycle. Holman: We have to have it in the paper twice and I believe it has to be seven days a part. Is that correct, Ted? Baird: Madam Mayor, Members of the Council, that's correct. Holman: So -- Meridian City Council August 12, 2008 Page 8 of 52 De Weerd: 16th? Baird: Workshop. De Weerd: Oh, it's the third one. So, the 9th. September 9th. Sedlacek: Okay, De Weerd: Okay. Sedlacek: That would be the public hearing date? De Weerd: Yes. Sedlacek: Okay. De Weerd: It also gives us time through the public noticing to adjust the rate if there is a decision by Ada County before that time. Sedlacek: Excellent. De Weerd: Okay. Council, any further questions for Mr. Sedlacek? Rountree: I have none. Borton: Madam Mayor? De Weerd: Yes. Borton: Real quick one, Steve. I love these updates, these quarterly deals -- Sedlacek: Yes. Borton: -- you guys put together and one thing jumped out I had to ask it. You have got an industrial standard estimate of 98.2 percent participation in the curb side recycling. I'm kind of catching you cold, but that -- so you know what the estimate is? Sedlacek: Well, historically we run about 70 percent and that number is too high. We don't physically audit every house every month to know the true numbers. So, what we do is we count the number of stops and, then, we have a calculation that converts that to a percentage, because we figure that not every house puts out every month -- or every week, but they put out at least once a month. So, anyway, through this -- through this calculation, if we have been overzealous in counting houses that number will artificially go up. Now, it's a great number. The accuracy is somewhat iffy. Meridian City Council August 12, 2008 Page 9 of 52 Borton: Okay. Sedlacek: Did I say that right, Samantha? Borton: Okay. De Weerd: Well -- and SSC has been constantly working on their public relations and their business outreach and increasing the participation in their recycling program. With the commingling program I think you have seen increased participation, so that is -- that's really encouraging. Sedlacek: And one thing about landfill fees going up is recycling will go up a lot. That's the good side to higher prices. It's not -- you know, it would be better if they were lower prices, but anyway. De Weerd: Yes, indeed. Borton: Silver lining. De Weerd: Anything further? Okay. Thank you. We will see you next month. Sedlacek: Thank you very much. B. Police Department / Fire Department: 1. Discussion of Command Trailer/ Radios: De Weerd: Okay. Thank you. Okay. Item 6-13 under the police and fire departments. Which chief are we hearing from? Lavey: Madam Mayor, Members of the Council, last week I was giving the directors an update and the Mayor an update and, then, I suggested that we come to Council and give you an update as far as the incident command trailer. And as you're aware of, last year we budgeted 78,000 dollars for an incident command trailer to be shared with both the police and fire department. Our hopes with having the customized trailer was also to add numerous radios into that vehicle and we were going to look and see how much -- how much money we had left and, then, add the radios and we soon realized that we weren't going to have enough money and -- when the radios came back at 35,000 dollars out of the 78,000 dollars that we budgeted. So, what we did is we applied for a homeland security grant -- excuse me. I'm kind of losing my voice. A homeland security grant. And over the past couple of years we have had some success with those and, then, other times we have not had success and I'm here to tell you today that we were unsuccessful in that grant and so, therefore, we didn't have the 35,000 dollars. 0 Meridian City Couhcil August 12, 2008 Page 10 of 52 is On the other hand, with that bad news I have some good news is the police department was successful with two grants. One for 168,000 dollars and one for 34,000 dollars. And, basically, what that means is the 350 some odd thousand that we budgeted last year for the conversion to the analog to digital radio system, we have monies left over. We have about 104,000 dollars. And what I have done is although we have been unsuccessful in the grant for the incident command trailer, we still have been successful in other grants and so with my excess monies I have prepared a purchase order for the 35,000 dollars for the incident command trailer and it should have been in Mr. Bird's hands today and, hopefully, he's signed that and if he did not, then, we can discuss that further. And so, basically, I just wanted to give you a -- kind of a heads up of what's going on, so you're aware of it. There is no hidden agendas there. And, then, basically, entertain any questions that you may have in regards to the incident command trailer. So, with that -- De Weerd: Thank you, chief. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Rountree: Good explanation. Lavey: That was real easy. And you get -- you get a twofer today. You get to hear from Chief Anderson next. De Weerd: Thank you, chief. I will say that still that Chief Anderson, being a guest at the ceremony that Chief Lavey held last night, he beat you hands down in the length of presentations that he made. So, you're one up on him on the less words count. Anderson: The rumor mill's been flowing today. I heard that myself. So, yeah. Bird: Did they have donuts? Anderson: What do you have at a police picnic, donuts or -- donuts on the barbee? I don't know. Anyhow. So, I'm here to talk to you tonight about the purchase of an aerial ladder truck. This is something that we had requested in our 2009 budget and in that process we had talked to you and we told you that in our research in deciding which apparatus to buy that we would look at what they call stock trucks or demo trucks that are built by the manufactures that go out there and they kind hit the circuit and they go around to all of the national shows and see if we couldn't find a better deal on one that had been used as a demo or something like that. And so after the budget process and after we finished up with our 100 year anniversary, we got to work and started looking at 0 Meridian City Council August 12, 2008 Page 11 of 52 what fire trucks are available out there and we found a 2007, 1 believe it is, aerial ladder truck. It is brand new. It's been on the circuit hitting the shows. It is almost to the T exactly what we would order if we ordered that truck today. This one actually probably has a few more features to it than what we would probably order if we were spec'ing it out, but in my conversations with the manufacturer, if we were to buy this same apparatus today and we were to spec it out and order it October 1st, this aerial ladder truck would cost us about 65,000 dollars more money, because the trucks have taken a four percent increase, plus they are going to discount this one, because it's a demo model and it has 6,000 miles on it. So, I'm coming to you tonight to ask for your approval and ask for authorization for the Mayor to sign that we enter into a contract to purchase this aerial truck. It will not be delivered before October 1 st, so it will be in our new fiscal year. I have talked to the finance department to make sure that everything was okay and that we could do that. I believe you received an e-mail communication from the finance director today stating that it was okay to do that. And so with your approval, we would like to move ahead and see if we couldn't save a little bit of money for the taxpayers on the purchase of this aerial. It also will have some side benefit to us because we are due to get our rating from the Survey and Rating Bureau and we were just -- we were in phone conversations with them to bring them in to start the rating process after the opening of our new station five and this aerial truck will considerably help in that rating process. So, if we can get one here shortly after October, then, we can probably count that in the rating. If we were to wait and order one after October 1 st, it will take almost a year. So, it would be next October before it would actually be built and be delivered. So, I see this as a win-win for us. We save money. We get the aerial truck sooner, with a possibility of lowering our fire rating from the insurance bureau, which, in turn, can then lower homeowners fire insurance premiums. So, we are asking for your approval, for the Mayor to enter into a contract and sign and purchase this aerial. And I'd stand for any questions. De Weerd: Thanks, chief. Council, questions? Bird.: I have none. Rountree: I have no questions. De Weerd: None? Okay. I would entertain a motion. Zaremba; Madam Mayor? De Weerd; Mr. Zaremba. Zaremba: I move that we approve the request to accelerate the purchase of the aerial ladder truck, saving 65,000 dollars. Bird: Second. • Meridian City Council August 12, 2008 Page 12 of 52 De Weerd: Okay. And so that would be for 873,521; correct? Bird: That's right. Zaremba: I believe that's correct. I was trying to emphasize the savings, not the -- De Weerd: I just wanted it read into the public record the amount. Baird: Madam Mayor? De Weerd: Yes. Baird: With regard, to the contract, legal would be looking for a specific motion to allow you to sign the purchase agreement and I would recommend that if it's on similar terms to other agreements that we have entered into this with -- with this company and, then, we will bring back to you for ratification, but I sense some urgency to get it signed, so we can secure this particular vehicle. So, we would be looking for that particular motion. Zaremba: All right. The motion does include authorization for the Mayor to sign. Bird: Second agrees. De Weerd: Okay. Any discussion? Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, chief. Anderson: Thank you very much. Appreciate it. De Weerd: I look forward to seeing that come off my homeowners insurance. Zaremba: Oh, Madam Mayor and chief, I believe you mentioned -- we have pictures showing this, but I believe you mentioned that the factory was going to take it back and paint the top of it black like our new - the new look for Meridian, so -- Anderson: That's correct, Councilman Zaremba. This one was built for taking to trade shows and as you know we have the new color scheme that we purchased on the last engine, so part of this agreement would be that they paint it up and match the same color scheme, so that it will look like the pumper that we recently received, so -- Meridian City Council August 12, 2008 Page 13 of 52 Bird: Man, that's nice. De Weerd: That is nice. Thank you. Anderson: Thank you. C. Parks Department: Request to Charge Fees for GIFT Fundraiser: De Weerd: Okay. Our final Department Report is the Parks Department. Mr. Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. We are here to discuss with Council a request to charge fees for a fundraiser for an organization called GIFT. The organization GIFT is going to be holding an event in Settlers Park in association with our movie night next week on August 22nd. We are -- we have met with legal and believe that most of the items of their event are taken care of with concessions and vendors, having a silent auction, DJ, things like that. But one of the things that needs to come before Council is their desire to charge fees in association with two specific parts of their event. One for bouncy houses and one for a home run derby, which they would like to have. In talking with a couple of Council members and trying to find out if there is a hard and fast rule on these fees, it's my understanding that they are determined on a case-by-case basis and looking at potential competition with the private sector. So, I have asked Susie Johnson here with the GIFT organization to address Council and provide some details about their event and their organization and to request -- make that request and receive your determination. So, with that, Susie, would you, please, come up? She does have some brochures that she's going to hand out here. Johnson: Hi, Madam Mayor, Members of the Council. My name is Susie Johnson and my address is 3397 West Park Creek Drive in Meridian. I think Steve talks much better than I do up here. This is really out of my comfort zone. But we have decided -- my friend and L, Tammy Hurd, created this organization to help families in trying times and this is a family, the Rodriquez family, which is on this flier. We have passed around these fliers to get sponsors for this event and we have received quite a good positive -- can't think of the word -- feedback reaction to -- to what we are trying to do and this is just -- this is just a bunch of volunteers getting together to raise a bunch of money for a family that needs it. He's suffering from brain cancer and we are just trying to help out their family. They -- they are just right here in Meridian. Their children are in Chaparral Elementary. He has three young girls. And the school has volunteered to help with artwork. We have a bunch of silent auction -- silent auction items that have been given to us and this was only -- this was the part that we were finding issues with. We didn't understand that we weren't allowed to charge a fee for part of the fundraiser. So, what Meridian City Council August 12, 2008 Page 14 of 52 I'm standing here for -- and you can ask whatever questions want. We just wanted to charge a five dollar fee for the home run derby and we have it all organized by age, four different groups. Jeff Hurd is kind of heading up that part of our fundraiser and, then, also we have an area that we have jump houses and a rock wall and also a climbing wall and we wanted to do bracelets for five dollars, so that we could raise that much more money, because not everyone is going to be able to do the silent auction items and we felt that there is so many activities that are already free to the public at the park, that this might -- that this would be okay and it's very public, we are on seven radio stations, and we have 5,000 fliers that we are passing out starting tomorrow. So, I ask Madam Mayor and Members of the Council if we can charge this, if you have questions for me, what we need to do. De Weerd: Council, questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Is your organization a 501(c) (3)? Johnson: We have tried to -- we are working with an attorney.and we have not been able to get that accomplished before this event. So, we have the paperwork in order, but because of the lengthy process of it, we haven't been able to process all of that before this, because we started in February or March, we just decided to do it and so we don't have all the paperwork done for that. But we do have plans to finish that at the end of summer when this event is done and we have our lives back a little bit, then, plan on ,going forward with that part. Rountree: Are you incorporated? Johnson:. No. And the insurance is in my name. So,. if something goes wrong it's on my back. I'm insured and the Parks Department has that information for this event. Rountree: And you do have sufficient liability insurance? Johnson: Yeah. It's -- we have the policy right here. Do you need to see that? De Weerd: 1 think the legal department probably needs to see that. Mr. Baird. Baird: Madam Mayor, Members of the Council, our department has been in touch with our insurer through ICRMP and the first go around they found what was offered to be inadequate and there is -- they may have reviewed -- Johnson: I think we did it three times. Meridian City Council August 12, 2008 Page 15 of 52 Baird: Okay. Johnson: And now we finally have adequate -- Baird: So, you have been blessed? Johnson: Yeah. Baird: Okay. Very good. So, we have been involved in the process. The issue that arises with the charging of a fee is that the recreational immunity is waived for that portion of the park where the fee is being charged, potentially the entire park, just depending on how it would be interpreted by the court. So, that's why it's important that there be that certificate of insurance with the city named as an additional insured in situations like this, if you decide to go forward with the fee. De Weerd: Thank you. Council, any other questions? Okay. You do have a request in front of you and we would need your direction on that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that -- well, I guess it's five dollars is the fee you're going to charge for everything? Johnson: Well, it will be five dollars for the home run derby for those who want to do it and, then, there is a five dollar fee for the wrist band area. Bird: That's what I mean. Johnson: Yes. Bird: Five dollars. Johnson: Well, separate. They are separate. Bird: They are separate, but they are the same price. Johnson: Yes. Bird: One's not going to be ten and one's not going to be five. Johnson: No. Meridian City Council August 12, 2008 Page 16 of 52 Bird: Okay. I move that we allow G -I -F -T, GIFT -- Johnson: Yes. Bird: -- to proceed with their charging for home run derby and also for the selling of bands on the Friday night with the fee not to exceed five dollars. Rountree: Madam Mayor, I will second that if the maker of the motion would stipulate that this motion also included that they had to provide sufficient insurance. Bird: Oh, yes. They do have to do that. De Weerd: Okay. I have a motion and a second. Discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And I probably should have asked this early, but I just thought of it. Some groups put up signs that say that this is a voluntary contribution; although you're supposed to feel like it's not. Would it be safer for us. if they had such a sign or is charging a fee the same -- same difference? Apparently that's not an issue. Never mind. De Weerd: Mr. Borton? Borton: No. De Weerd: Okay. Rountree: Madam Mayor, I guess just a comment before the question's called. This could be a start of things to come and I think we need to have a policy and establish the guidelines and the criteria that have to be met in order to do this, because we do not want to get into a situation where we are competing with private enterprise. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Kind of to dovetail on your comments, I mean my understanding is the policy is you can't do it and that might be the policy. Part of this exception going forward, it might be helpful to have, you know, maybe a more detailed review of what additional risks the city might be facing. • Meridian City Council August 12, 2008 Page 17 of 52 Rountree: I agree. Borton: And the insurance exceptions, we have got to try and create to make this happen and along those lines see if it's worth creating a policy, because I agree, it's a slippery slope and, you know, it's a great cause, but, you know, there will be more requests, so -- Johnson: Madam Mayor and Members of the Council, I'm just going to add that I don't -- for the situation that we have been, since we are not a business, affiliated with a church or business, any organization, just ourselves; it has been a difficult process. We have lots of support from parks and rec and other things, but I don't know too many people who would undertake this and actually follow through with it. It's a lot of work and it's a lot of red tape and so I just want to tell you that if we didn't really believe in it we wouldn't be going through with making this such a big event. We would make it much smaller. We would not charge at the park, we would not do any of that. But we just felt that in this case it was worth all the work to go forward with it. So, I don't know how many private individuals would try to -- not to boost myself up, I'm not saying that at all, honestly. I'm just saying it's not an easy process, as it is right now. So, just for your -- I don't know if that helps at all. De Weerd: Thank you. Any further discussion from Council? Comments? Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Johnson:. Thank you. Rountree: And thank you for caring. Item 8: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda Item 9: FP 08-013 Request for Finan Plat approval of 1 building lot and 2 common lots on 4.96 acres in an L -O zone for Paramount Church Subdivision by Paramount Development, Inc. -West of North Meridian Road and north of West McMillan Road: 0 Meridian City Council August 12, 2008 Page 18 of 52 De Weerd: So, we will move to Item 9, which is FP 08-013. 1 will ask for staff comments at this time. Canning: Madam Mayor, Members of the Council, this is the final plat for the Paramount Church Subdivision. We have a letter now from the applicant with modification to the conditions of approval that staff is comfortable with. The issue at hand was just that the applicant didn't want to construct the landscaping requirements with the plat, they would prefer to do that with the certificate of zoning compliance for the church and since it's a one lot subdivision staff has no concerns with that. So, with the modified -- or the letter from Brighton Corporation, dated August 12th, that notes it's a revised letter in red up at the top, with those changes staff is recommending approval of the final plat. De Weerd: Thank you. Council, any questions? Rountree: I have none.. De Weerd: If there are no questions, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. .Rountree: I move that we approve Item No. 9, FP 08-013 with the revisions as of August 12, 2008, agreed to by staff. Bird: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. If there is no discussion, Madam Clerk, will you call roll. Roil -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from July 22, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated Project (CZC 08-018) by Ward Schwider — 130 East Broadway Avenue: De Weerd: Thank you. Item 10 has been requested to continue. Meridian City Council August 12, 2008 Page 19 of 52 Canning: Madam Mayor? De Weerd: Yes. Canning: On Item 10 it said either September 2nd or September 9th. I wasn't -- I had misread the applicant's request as September 2nd. They are requesting September 9th. So, if you could continue to that day that would be best. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Did you open it? De Weerd: It was opened in July Zaremba: Okay. I move that we continue Item 10, AP 08-003 to our regular scheduled meeting of September 9th, 2008. Bird: Second. De Weerd: Okay. I have a motion and a second continue Item 10 until September 9th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AP 08-004 Request for City Council Review for a McDonalds Redbox (DVD kiosk) located in an approved C -N zone by Anna Canning, Meridian Planning Director — 3415 West Cherry Lane: De Weerd: Item 11 is a public hearing on AP 08-004. 1 will open this public hearing. This has also been requested to continue to September 2nd because of lack of posting. Zaremba: Madam Mayor, I move that AP 08-004, Item 11, be continued to our regularly scheduled meeting of September 2nd, 2008. Borton: Second. De Weerd: Okay. I have a motion and a second to continue this public hearing of item 11 until September 2nd. All those in favor say aye. All ayes. Meridian City Council August 12, 2008 Page 20 of 52 MOTION CARRIED: ALL AYES. Canning: I will make sure I reprimand that applicant for not properly posting that. Item 12: Public Hearing: PP 08-007 Request for Preliminary Plat approval of 21 building lots on 12.62 acres for Una Mas by Una Mas, LLC — 3945 E. Ustick Road: De Weerd: We appreciate that. Okay. Item 12 is a public hearing PP 08-007. 1 would -- there has also been a request from the applicant to continue to the 26th of this month. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we continue Item 12, PP 08-007, to our regularly scheduled meeting of August 26, 2008. Borton: Second. De Weerd: Okay. We have a motion and a second to continue. the public hearing for Item 12 to August 26. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PP 08-005 Request for Preliminary Plat approval of 5 commercial lots and 1 other lot on 10 acres in a C -G zoning district for KnicihthillCenter by James Wylie — SWC of W. Chinden Boulevard and N. Linder Road: Item 14: Public Hearing: MI 08-003 Request for Miscellaneous application approval to modify the recorded Development Agreement for Knighthill Center Subdivision by James Wylie — SWC of W. Chinden Boulevard and N. Linder Road: De Weerd: Items 13 and 14 are public hearings on PP 08-005 and MI 08-003. 1 would ask for staff comments as I open these two public hearings. Canning: Madam Mayor, Members of the Council, this is the Knighthill Center project. It's located on the southwest corner of Chinden and Linder. And the applications before you tonight are a preliminary plat and a DA modification, development agreement modification, and also there is a private street included in the staff report. The project includes five commercial building lots and one common lot on 10.01 acres and, again, with private streets and a development modification to replace the previously approved to Meridian City Council August 12, 2008 Page 21 of 52 concept plan for the property. The applicant is modifying the previous preliminary plat approval granted in 2006. There were four lots in the previous plat and three buildings. Access points are not changing from the previous approval. So, the three access points remain the same. The previous concept plan depicted just four buildings or pad sites with varying uses on the site. A grocery store, retail, bank and a restaurant. The new concept plan proposed for this site is showing 13 buildings, as you see them here, ranging in uses from a convenience store, fuel sales, multi -tenant retail, a bank and office uses. The previous concept plan was also approved with a. total of 109,750 square feet of retail space and the new concept plan proposed -- depicts roughly half that amount of square footage at 56,300 square feet. Staff had included in the new DA provisions that allow a maximum of 40,000 square feet of retail uses and 30,000 square feet of office uses on the subject site and I think the applicant is going to request that the 40,000 figure be raised. Additional DA provisions to be included in the amended DA include that it needs to substantially comply with the concept plan. Any future buildings need to comply with the elevations in Exhibit A. I can show you those. Any future buildings fronting on Chinden Boulevard and Linder Road should be subject to design review. Future retail uses shall not exceed the 40,000 and office uses shall not exceed the 30,000 square feet. There should be a central plaza located on lot four as depicted on the concept plan and maybe the applicant can point out that plaza when they come up. And any future drive-thrus will require conditional use approval and they shall set aside a minimum of a hundred feet of property from the center of Chinden Boulevard for the future roadway expansion. Showed you the elevations previously. The Commission recommended approval at their June 19th public hearing. James Wiley spoke in favor. Ron and Sharon Taylor and Shawna Longland spoke in opposition. The key issues of discussion were additional or more dense landscaping to screen those homes adjacent to the southern property boundary along here from the proposed office uses. And the extension of Gertie Place into the proposed development. This is Gertie Place. There were no key changes to staffs initial recommendation. Regarding the outstanding issues, some of the neighbors had concern with the extension of Gertie Place into the proposed subdivision. Staff and the commission support the extension of the street into the development. I'm going to go back out to the zoning one to -- to kind of demonstrate why. Gertie will not -- using Gertie will not provide a short-cut to anywhere other than if you happen to live in this neighborhood. So, it really will be the neighborhood's access to the property. To get anywhere else you would have to take a very circuitous route to get down to the main entrance on Cayuse Creek Drive. So, it is not going to become a cut through, except for folks that already live in this area. And it does provide that additional access if you -- if, indeed, we are able to get a grocery store here, it provides convenient access into that neighborhood for neighborhood shopping. The other access will come along Everest Lane here off of Long Lake Way and, then, down Everest Lane and they will have a direct access off of Linder. They are not proposing an access to Chinden. And with that I will answer any questions Council or Mayor may have. De Weerd: Thank you, Mrs. Canning. Any questions from Council? Meridian City Council August 12, 2008 Page 22 of 52 Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the previous iteration, which, actually, had a big building right here blocking West Everest Lane and I'm glad to see that gone, but West Everest is a private street belonging to the neighboring subdivision and on the previous iteration there was a requirement, which apparently is what the DA was about, that they get together and provide cross -access, so that people could use West Everest and that people on West Everest come through this property to get to Linder. Is that still a provision of the DA? Canning: To my knowledge that issue was resolved quite some time ago, but I can take a quick look while you're taking any public testimony and I'll double-check. Zaremba: Just want to make sure the cross -access didn't get lost in the -- Canning: I'll double-check the conditions of the staff report. Let me find that. Zaremba: Only an issue because it's a private street. De Weerd: Okay. Anything further from the Council at this point? Okay. Is the applicant here? If you will, please, state your name and address for the record. Wiley: James Wiley. 1676 North Clarendon, Eagle, Idaho. De Weerd: Thank you. Wiley: Madam Mayor, Members of the Council, my name -- or James Wiley. Excuse me. I'm -- hoarse throat. We have made this application. To address what you just said, there is a cross -access agreement in place and that will carry through for -- for the project. All the streets they have requested to be private within the subdivision, just simply because it was kind of a -- how are we going to take them, where were we going to stop the public, where were we going to start, but we are trying to develop Linder -- or the access off of Linder and the extension of Gertie Place to city standards. So, they are going to be a little bit wider than normal -- and certainly wider than Everest. Everest is 25 feet. Extension of Gertie I believe we have at 32 feet and off of Linder I think we are at 36. 1 don't know if that's exactly right. But I believe that's what we have it at. We requested this development modification agreement and the change, because we think it's more suitable to what we are likely to find for the market. We don't happen to have a grocery store right now that wants to go in. If we did, then, we would be happy to try and adapt to them. But right now we don't have that available. We would request that, E Meridian City Council August 12, 2008 Page 23 of 52 as Anna said, that the maximum amount of square footage for the retail increased to 50,000 square feet, as opposed to 40,000, which is in the development agreement, which is on page seven and page eight of the analysis. Simply because if we do have a larger user come in, like a grocery store that needs a little bit more square footage, we want to be able to adapt to them. And as I said, right now we do not have anything like that available to us. Aside from that, we agree with all the conditions of the Planning and Zone Department of the City of Meridian and I will stand for any questions. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. Wiley, if you could point out the central plaza on Lot 4. Wiley: That way? Canning: Is that it, James? I'm not sure where it Is it this? Wiley: Yes. It's that and, then, we have to the south of that, down in that area, we are -- I'm sure this works somehow. De Weerd: Sir, if you can pull that mike out. Thank you. Wiley: Yes. This area we are trying to create some seating area in here, in here, and in here for people that might be employees or customers. Rountree: Thank you. De Weerd: You know, when this originally came through there was a quite impressive entry corridor amenity identifying Meridian and I do understand -- does that continue to be part of this development? Wiley: We had a water feature that was on the original application at the corner -- the hard corner of Chinden and Linder and we did want to continue having that and we will do that. So, that is our intention right there has depicted. De Weerd: Okay. Council, any further questions at this point? Bird: I have none. De Weerd: Okay. Thank you. Meridian City Council August 12, 2008 Page 24 of 52 Wiley: Thank you. De Weerd: I do have a couple people that have signed up. If you would like to provide testimony when _I call your name, if you will come forward at that time. John or Karen Wallace. Okay. Signed up as neutral. You would need to -- if you would like to make comment, it does need to be on the public record. Thank you. If you will, please, state your name and address for the record. Wallace: Karen Wallace. 1688 West Rattlesnake Court, Meridian, Idaho. De Weerd: Thank you so much. Wallace: We are gong to be on -- right off -- we are on Rattlesnake, right off of Gertie Place where this is going to dump into our neighborhood. Even though they are saying it's not a thorough through there for public traffic, our subdivision has over 600 homes. We are back in a court, but the traffic situation that we get through now, trying to get an access out of there from commercial trucks -- we have big diesel trucks even come through there and, then, to turn and back a thousand times, keep jacking around to get out of that court. I have a feeling it's going to be a lot more traffic than what you anticipate. Also we are worried about when they go to put these berms in, how high are they going to be? Because we have noticed when they do put berms in, they put them in at a sufficient height, but they do compact down. Also what size plantings will there be in gallons or how massive a planting will there be or do we have to wait 20 years for this to be kind of hidden from our -- our homes. Those are my questions. De Weerd: Okay. Thank you so much. Okay. John and Stephanie Downing, also signed up. Downing: I'm Stephanie Downing. 1802 West Rattlesnake Drive. This directly impacts our house. We built our house here because it's a wonderful community and our lot is one of the bigger ones and directly behind our lot now will be a building. So, again, I am concerned also about the landscaping. Are they going -- are we going to have to wait ten, 15 years for it to be camouflaged? And also my other concern is the lighting. At night is it going to be so lit that our house is going to lit up at night in the back? Our bedrooms are in the back of our house. So, those are my two main concerns. De Weerd: Okay. Thank you very much. Okay. This is a public hearing. Those are the two that have testified -- signed up. Is there any further testimony from the public on this application? Yes, sir. Taylor: Hi. My name is Ron Taylor. I live at 6168 Gertie Place. Right next to the entrance right -- De Weerd: Right there? Meridian City Council August 12, 2008 Page 25 of 52 Taylor: Right there. De Weerd: Okay. Taylor: And I have talked with Mr. Wiley when I was here at the last meeting. We didn't understand anything at all about widening Gertie to get in there. So, are they going to take it out of our front yard or where is it going to come from? De Weerd: I think I would be interested in hearing that, too, if I was there. Taylor: Yeah. So, that's what I would like to know. De Weerd: Thank you, sir. Okay. Any further testimony? Okay. Is the applicant -- oh. Yes, sir. Tsupa: My name is Ivan Tsupa, 6175 North Linder. The house on the corner. I was wondering if the entrance to our house, where it will be made, if it could be shifted and how far is it from our property line. De Weerd: Okay. So, you're this property right here? Tsupa: Yeah. De Weerd: And it looks like you have an access out on that one? Tsupa: Right now we are -- our entrance is off of Linder and from what we heard that's going to be closed off, because of expanding Linder. De Weerd: Well, I'm sure the applicant -- or, Anna, are you familiar with that? Canning: Madam Mayor, Members of the Council, I think what's anticipated is that when that property -- I'm trying to look really quickly to see if it's actually zoned yet. It's still in Ada county, so when that property chooses to request for annexation, it's- likely, because of its location and the lack of it -- it's likely that they will want a nonresidential use. At that time we would ask them to remove their access and take access from that stub that's being provided. But until that time, then, we would certainly have no mechanism to require them to relocate their driveway. And I don't think I have ever heard ACHD initiating those kinds of requests until there is a development application before them. Tsupa: So, as long as we are still in Ada county we are going to have our driveway? De Weerd: Yes. Meridian City Council August 12, 2008 Page 26 of 52 Tsupa: Okay. Thank you. De Weerd: That's it in a nutshell. Canning: And, Madam Mayor, regarding the landscaping, this is a buffer between land uses, so when the final landscape plan comes in, we will be looking for the full width that's required. I believe that this diagram is five feet short, so they will have to provide an additional five feet. And also the -- the vegetation is supposed to provide a full screen at maturity. We don't have any restrictions on what type of plants people choose, necessarily. So, 'if they chose some slow grower plant varieties, it may take longer. But the requirement is at full maturity that is supposed to provide a full screen or 80 percent screen. So, that's the best I can give on that. We do have minimum gallon requirements, but it depends on the species and the -- and we have minimum caliper for the trees. De Weerd: Okay. Canning: And, then, I wasn't aware that they are widening the street. So, if Mr. Wiley wants to comment on that, that would be beneficial, but I hadn't heard of that. Rountree: Just widening their portion of it. De Weerd: Okay. Is there any further testimony? Anna, did you have more -- Canning: Yes. I'm sorry. I forgot to address Mr. Zaremba's question. The development agreement currently says -- I had it a moment ago. Sorry. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: While you are looking for that, the applicant says that they, in fact, do have those cross -access agreements already, so -- Canning: And my only concern was the way the development agreement.reads right now, it just says a cross -access easement shall be recorded via a recorded document and/or note on the final plat for all lots within the subdivision for private streets and driveways. I think it needs to be expanded to include the adjoining properties -- the connection to that other -- particularly to the west. Zaremba: West Everest. Canning: Yeah. Meridian City Council August 12, 2008 Page 27 of 52 Zaremba: Yeah. The private road. Canning: It doesn't include that right now, so if Council wanted to clarify that, I think that would be a good clarification. De Weerd: Any further comment from our planning director? Canning: No. Thank you, ma'am. De Weerd: Okay. Thought I would just ask. Okay. Is there any further public testimony? Okay. The applicant has the final word and some, I guess, questions to answer. Wiley: Thank you, Madam Mayor. Regarding the cross -access agreement, the agreement that is signed and recorded right now does include the properties to the west, so I will be happy to bring a copy of it into you. I thought you already had it. Zaremba: Madam Mayor? I'm assuming from that you would not object if we added that as a requirement, since you already have it. Wiley: No. Zaremba: Okay. Thank you. Wiley: We will be -- the landscape plan that has been submitted is 25 foot, complying with your buffering. The original one was 20 foot. We revised it, so that it would be per Meridian city standards. We will make every effort to buffer the residential neighbors. We understand they have concerns. We are going to be digging plenty of dirt out of there. We can make that berm very high, as long as we comply with slope requirements that we are not causing erosion concerns. And, then, planting the trees and shrubs in locations that will best benefit the houses would certainly be our _concerns. As far as lighting, we will comply with whatever the city has and I'm assuming we have some cut-off luminaries, 90 degree or whatnot on the backs of these commercial offices and that is one reason we went to the offices, as opposed to having high density or high traffic commercial projects, retail, or whatnot right next to the residential. We thought that there would be a conflict, so we tried to pull higher impact buildings away from the -- from the residences and put kind of a lower impact light office use next to them and we are not intending to widen Gertie, it's just Gertie is going to be the same width as it is, which is wider than Everest. Everest is 25 feet and Gertie, believe, is 32 feet back to back on the curb and that's what we will continue into the subdivision. De Weerd: Okay. Meridian City Council August 12, 2008 Page 28 of 52 Wiley: I think I answered the questions. De Weerd: Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Anna to start with. On the landscape design guidelines, is there a berm height recommendation? Range? Canning: Madam Mayor, Members of the Council, Councilmember Rountree, no, but we do have a three -to -one slope requirement. Can't exceed that. So, that may determine the berm more than anything else. Wiley: Which would put it about four feet high. Canning: And I'm glad he can do that in his head, because I wouldn't have been able to figure it out without a drawing, so -- Rountree: Okay. Thank you. Borton: Madam .Mayor? De Weerd: Mr. Borton. Borton: Question for Anna as well. Can you pull up the larger vicinity map? Canning: Uh-huh. Borton: Can you -- one of the things in the development agreement makes reference to the one hundred feet from center line on Chinden and I know that's come up around this area, whether it would be 70 or 100, has been -- many areas were set at 70 and it really restricts the ability to make it a hundred foot from the center corridor, but can you remind me what the setback is from center line around this property, as you recall? It answers the question of why wouldn't it be 70 feet from center line. Canning: Madam Mayor, Members of the Council, Council Member Borton, this is just memory, so if Mr. Wiley knows better, that he might be the person to go with, but I think that even if it were only 70 adjoining it, you will see that is two lots there, I think one's a landscape buffer and, then, one's another line. So, we had some additional buffer on that, because you may recall these have been coming back in, but even so, as we get to the corner there are always needs for additional right of way for turn lanes, so even if Meridian City Council August 12, 2008 Page 29 of 52 it were just 70, the need for turn lanes would bring about the hundred foot requirement or may bring about that hundred foot requirement. And, then, we are meeting with ITD later this week. ITD ' is taking special interest in this intersection, especially given the interest by Fred Meyer in developing on the northeast corner and they are looking at different options for the intersection design that could include additional right of way needs. So, this is going to be one of their most high volume intersections along Chinden, because it is the only crossing going over the river. Wiley: And to further reiterate on that, ITD requested a hundred feet. I believe the properties to the west have the hundred foot setback existing, so they are trying to tie that in together. When it gets to Linder it is 60. 1 think it's 60 aside. Borton: Heading east? Wiley: Yeah. On the east side. Borton: Okay. De Weerd: Sixty? Canning: Madam Mayor, I think he means the width of -- Zaremba: Well, Madam Mayor, I think they are look at the opportunity to correct that as the two opposing properties develop as well. They do consider that to be -- both ITD and ACHD consider that to be a major future intersection. Wiley: Yeah. That's 60 from the center line, so that would be 120 both ways. Or -- no. And I should probably look at that before I speak, but I believe that's what they had. De Weerd: Okay. Council, any further questions? Bird: I have none, Mayor. Rountree: No. De Weerd: Any further comment? Wiley: No. Thank you. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council August 12, 2008 Page 30 of 52 Zaremba: I move we close the public hearings on Item 13 and 14, PP 08-005 and MI 08-003. Bird: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 13 and 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve PP 08-005, request for preliminary plat for Knighthill Center, to include all staff comments. Bird: Second. De Weerd: Okay. I have a motion and a second. Do you want to clarify landscaping berm or lighting or -- Zaremba: I was assuming that was part of the development agreement. Rountree: Madam Mayor, I would -- Zaremba: Okay. Yeah. Attached to this one on the plat, that would be correct. The applicant has agreed that the landscape buffer is 25 feet. Connection to the small stub street to the south is not being widened. What was the other question? Rountree: Development agreement change to address the cross -access agreement. Canning: That one I was going to do with MI 08-003 connection. Bird: Yeah. Because that's -- Rountree: That's fine. Zaremba: I only made this the first one. Canning: Does the second -- Bird: Second agrees. Meridian City Council August 12, 2008 Page 31 of 52 De Weerd: Okay. Discussion? Rountree: Restate the motion. Zaremba: Okay. Rountree: What are we voting on? Zaremba: The motion is that we approve PP 08-005 with all staff comments, plus the acknowledgment that the landscape buffer is 25 feet. Rountree: Thank you. De Weerd: Okay. Any further discussion from Council? Okay. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 14. Zaremba: Madam Mayor, I move we approve MI 08-003 to include all staff comments, plus under the additional provisions for the development agreement, I would add a paragraph eight or a sentence eight that includes that the applicant shall receive and grant cross -access agreements to West Everest and have them recorded properly. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 14 with the comments from Councilman Zaremba. Councilman Zaremba, I know in the preliminary plat you mentioned the -- reference to the new landscaping plan at 25 feet, but not the slope. You know, there was a desire expressed during testimony and also confirmed by the applicant that he would do the maximum slope of the three to one. I think it might be worth noting that in the agreement as well. Zaremba: We could do -- add it to my motion. I would add a sentence nine for the development agreement and is that the berm and the landscape buffer shall be built to the maximum height it can, not to exceed the slope requirements. Does that make sense? De Weerd: Does second agree? Meridian City Council August 12, 2008 Page 32 of 52 Bird: Second agrees. De Weerd: Okay. Any other discussion, comments from Council? Rountree: I have none. De Weerd: Okay. Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: MDA 08-001 Request for a Development Agreement amendment to include a church and other specified uses designated by the UDC as permitted or conditional in the L -O zoning district for Paramount Subdivision by Paramount Development, Inc. — west of N. Meridian Road and north W. McMillan Road: De Weerd: Okay. Item 15, is a public hearing on MDA 0.8-001. 1 will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Paramount project. We are talking about the portion of it located right along McMillan and Meridian. The application before you tonight is the development agreement modification and this is tied to the church subdivision that you just approved earlier this evening, but it goes a little bit beyond that, too, and I'm going to try and summarize this as best I can. Well, here we go. Paramount was approved as a planned development with use exceptions. The area in question was specifically approved for office uses and townhouses in the planned development. So, the office uses were approved on the northern portion of the property and, then, townhouses at a maximum density not to exceed 12 units per acre where approved on the southern portion of the property. The area was zoned light office, though. So, the applicant's request, the DA modification, to greater specify what L -O uses should be principally permitted as part of the DA, because when they came in for the church, we said even though the church is an allowed use in L -O, all that the planned development said was appropriate for that area was offices. So, they would like to come in and modify the development agreement to be a little more specific as to -- rather than just offices be allowed there. And so that's why we started down this path of the development agreement modification. So, what the applicant's original request was for was for those uses that are principally permitted in the L -O zone and they also asked for some of the uses that are conditionally allowed in the L -O zone. And this would have -- that kind of thinking would have been consistent with the old planned development, but since we don't have those now and they have kind of proven to be Meridian City Council August 12, 2008 Page 33 of 52 difficult, we are kind of moving away from that. So, what staff had recommended is that we just allow the full extent of the L -O zoning. The L -O zoning meaning that if it's principally permitted, they can do it as a principal permitted use. If it's conditional, they do it as conditional. I think we are -- we have come to an agreement on that issue, begrudgingly, probably, on the part of Brighton, but we have come to an agreement on that part of the issue, so -- and, then, we get down to the outstanding issue, which is the townhouse area. As I said, before that southern portion, even though it's zoned L -O, was approved for townhouses. Well, townhouses are not an allowed use in the UDC, nor were they an allowed use in the old code. So, they were never an allowed use in an L -O zone. So, we got one of those instances where we have an approved use that doesn't match the zoning. Generally, when folks come in for those, if there is any way for me to twist their arm I do, to make sure that we get the proper zoning on them, because we know what happens when we don't have the right zone on apartment complexes in particular. - So, these aren't that kind of density, they would be townhouses. So, what -- I think what we have agreed to disagree on is the issue regarding the townhouses and what's appropriate_ Staff is highly recommending that they be required to get a rezone for it. I think the applicant's concern, rightfully, is that they were approved for townhouses on that lot and they are worried if there is a requirement for the rezone, that they may lose that ability to do townhouses and I sympathize with their concern. So, I think what I would see as some sort of compromise -- and I don't know to the extent you could do it, but I believe that it would be appropriate for Council to state that the applicant is entitled to the townhouses at a density of 12 units to the acre, but that the applicant needs to apply for and receive the appropriate zoning concurrent with the plat approval for the townhouses. That would be my recommendation. And, again, the applicant is concerned about losing what they see as some -- an approval they previously gained. So, with that I'll answer any questions. In my notes I have provided you the underline and strike out version of the applicant's original proposal and that does not mention the townhouse area, because it strikes out the residential uses portion. De Weerd: Okay. Thank you. Council, any questions for staff at this time? Okay. The applicant? Wardle: Madam Mayor, Members of the Council, Mike Wardle of Brighton Corporation. At 12601 West Explorer Drive in Boise. I think Anna's done a good job. She reminded' me today that this was, really, one of the first applications that she ever dealt with when she took the reins about five years ago and I think Mr. Zaremba was probably on the planning commission at the time, so a little bit of institutional memory. I happen to have been the planner for that particular project at that point as well and, obviously, some things that you don't necessarily anticipate, but -- and I think Anna's correct, Mr. Turnbull's letter, which you have that's dated actually August 11th that was provided earlier, I hope you have that, just kind of bulleted the fact that, you know, we will -- Anna used the word grudgingly. We simply use the words reservation, with a statement of concern, to note that we would, obviously, prefer the changes that we propose, because Meridian City Council August 12, 2008 Page 34 of 52 it does, as she noted, takes all of the principal permitted uses and allows them and we didn't, then, take all conditional uses, we took those that we thought were -- could appropriately be included, including the language concerning multi -family residential, which is a conditional use in the L -O zone and we use the statement in our proposed development agreement modification that included single family attached, which, essentially, is the townhouse definition, and if you look at that little site plan, you will note that there is just a small little area immediately to the west of the church that we propose to be single family dwellings that, basically, replicates exactly what would be across that fence and this is a great use as a transition behind the church. It's very compatible and not really an issue. Too shallow for offices or any other type of use. So, that's likely what will happen, but -- so, the real question really does boil down to the assurance that -- that what has been approved at the outset for townhomes at the noted density, could be sustained if, in fact, the Council agreed with staff that a zone change would have to be effected. We simply didn't want to be in a position that going through that zone change process, but, essentially, it became a start from go and we don't have the plans developed yet for that and it may be that when we come back we will look at the broader L -O uses, depends. Just the market is a little bit hard to predict these days. So, we will accept, you know, the proposed modification, but the bottom line would be that applicant request statement at the bottom that, essentially, is as Anna has noted, perhaps she said it a little bit more articulately, that if the Council does, in fact, accept the staffs proposed modification of our request and concurs that a zone change is required, we ask that the Council note for the record that development of townhomes is the approved use under the planned development in accordance with CUP 03-008 and that the only issue that we would have to deal with in the future would be after that zone change would be the subdivision platting and not go through any Conditional Use Permit process. I would stand for your questions. De Weerd: Thank you. Council, any questions? Seeing none -- Wardle: Thank you very much. De Weerd: Thank you. Okay. This is a public hearing. I would invite any public testimony on this application. Okay. Council, I see that there isn't any public testimony. Any questions for staff or the applicant? Staff, any final comments? Okay. If there is no, questions or discussion for staff or the applicant and there is no further public testimony, I would entertain a motion to close the public hearing. Zaremba: Madam Mayor, so moved. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on Item 15. All those in favor say aye. All ayes. Motion carries. Meridian City Council August 12, 2008 Page 35 of 52 MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, what's your pleasure? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: For the sake of discussion, I -- we have been trying to clean up these odd use exceptions for some time and I support staffs request that we do ask the applicant to apply for the rezone. I have no problem with it staying what it was originally intended and it would make sense that if we are making the zone match what's intended to go there already, the applicant's request to remove the CUP requirement would also make sense. What we didn't have in place at the time were any kind of design concept guidelines and we do have those now, with which would have to comply. My opinion would be I would ask for the rezone and be willing to give up the CUP, unless staff objects to that. Canning: Madam Mayor, Members of the Council, I'm trying to pull up the code quickly. believe if they get the appropriate zoning, like R-15 zoning, then, townhouses are a principally permitted use. Multi -family is allowed in L -O with a conditional use, so -- but that's not our definition of a townhome, but our definition of a townhome is one of those tall skinny buildings -- usually tall, on.an individual lot with shared walls. There has to be at least three of them. Multi -family would be if they condoed a unit on a single lot. So, you could have a structure with four condoed units, but on a single lot. So, it's -- there is a lot of fine line right there. And some people call the townhouses the multi- family, so the multi -family ability still exists. It's a conditional use requirement. So, thought I had clarified previously with Mr. Wardle, but maybe we weren't speaking the same language with regard to townhouses, but townhouses require a plat. Multi -family would require a CU. De Weerd: Oh, thanks for that clarification. Canning: Yeah. Sorry. De Weerd: I can see it went a long way. Zaremba: I'm guessing that would be acceptable to the applicant. De Weerd: The public hearing is closed.. The applicant seems to have a desire to comment. Baird: Madam Mayor, it's at your discretion to reopen at this point if you so desire. Meridian City Council August 12, 2008 Page 36 of 52 Zaremba: I believe maybe it does need some discussion. Madam Mayor, if I may, I would move that we reopen the public hearing and note that nobody has left the room since we closed it. Rountree: Second. De Weerd: I have a motion and a second to reopen the public hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Mr. Wardle. Don't you love the discussion periods of City Council meetings? Wardle: Madam Mayor, occasionally. No. We understand Anna's explanation that she has just noted that multi -family is not what we were discussing. We understand that's a conditional use permit in the L -O and if we did multi -family there, we would go through that process. If it turns out to be townhomes, then, we will go through the rezone process and plat those accordingly. We just didn't want to have to go through any additional hoops. So, I think we are on board. I think we agree with what Anna has stated. De Weerd: So, you understand the definitions of the two and what -- the motion that Council had initiated? Wardle: Madam Mayor, grudgingly we understand that. I just would note that, again, in my statement we had placed in our original draft the term single family attached, which, from our perspective is the townhome. So, not anticipated that it would be an apartment style structure on that parcel, unless, again, we come back and just use the L -O zone as it currently exists. Zaremba: Madam Mayor? But it's your assessment that R-15 would solve that as well? Wardle: It sounds like it will. Zaremba: Okay. Canning: Madam Mayor, that language I provided, you may want to say townhomes or single family attached, because they are different by our definition, so either is fine. De Weerd: Okay. Anything further from Council? Bird: I have none. 0 • Meridian City Council August 12, 2008 Page 37 of 52 De Weerd: Okay. Wardle: Thank you. De Weerd: Okay. Do I have a motion to close the public hearing? Zaremba: Madam Mayor, I move we close the public hearing again. Rountree: Second again. 'De Weer& All those in favor again? There you go. MOTION CARRIED: ALL AYES. De Weerd: Okay. Do we have a motion? Zaremba: Let me see. Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve MDA 08-001, to include all staff comments on that and accompany that with a request that the applicant apply for a rezone on the southern portion of what is currently L -O, rezone to R-15 for the intention of putting single family attached homes, dwelling units, on it and that that being the case, the requirement for it to be a CUP also be lifted. De Weerd: Okay. Do I have a second? Borton: Second. De Weerd: Okay. I have a second. Do I have discussion? Canning: Madam Mayor, I'm a bit concerned with the language, because I don't think the applicant has any definitive plans for townhomes just yet. So, I think that if we could -- I think one of the key components that both Mr. Wardle and I were concerned with is a commitment from Council that they are entitled to the townhomes if they want them, but that if they -- when that plat comes through, then, the rezone needs to go through at that time. I'm just a little concerned that it seems to say they need to do the rezoning sooner than that, with the way the motion was worded. So, I need clarification. Zaremba: I would happily restate it the way Director Canning restated it. De Weerd: Which is? Meridian City Council August 12, 2008 Page 38 of 52 Zaremba: Dean, can you read that back. Borton: Second agrees. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Clarification. We took that last bunch out about rezoning; right? We are just approving the MDA 08-001, including staffs comments and stuff, where the rezoning is gone in your motion. De Weerd That's why I asked for a restatement of the motion. Zaremba: It is not a requirement. Bird: That's what I mean. We are just approving MDA. Zaremba: Yeah. Canning: No. Bird: Nothing to do with zoning or single attached or whatever you want to call it. De Weerd: Well, the motion maker can only answer that. Rountree: What's your motion? Zaremba: Okay. Why don't I restate the motion from the beginning. De Weerd: That would be great. Rountree: That would be good. De Weerd: What a good idea. I wish I would have thought of it. Zaremba: Here is the motion in its current intent. Madam Mayor, I move that we approve MDA 08-001 to include all staff comments. Canning: Madam Mayor, could I perhaps clarify for the motion maker, would that help? De Weerd: That would be excellent. • Meridian City Council August 12, 2008 Page 39 of 52 Canning: Thank you. Well, staff comments, I believe what is envisioned in that is that the applicant -- a statement from Council that the applicant is entitled to townhomes at a density of up to 12 units per acre, but the applicant needs to apply for and receive the appropriate zoning concurrent with the plat approval for the townhomes. There is no CU requirement for the townhome development. And I said townhouse, but I meant townhouse or attached single family. Zaremba: That's exactly what I meant to say. Canning: Thank you. Borton: Second. De Weerd: Okay. I have a motion and a second to approve this with the stated conditions. Any discussion? Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: RZ 08-002 Request for Rezone of 0.55 of an acre from the R-4 to L -O zoning district for Meridian Library Parking Lot Expansion by the Meridian Library District — 1727 N. Leisure Lane: De Weerd: Thank you. Okay. Item 16 is a public hearing on RZ 08-002. 1 will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Meridian Library Parking Lot Expansion request. It's located at 1727 North Leisure Lane, which is north of Cherry Lane on the west side of the Leisure Lane, approximately a quarter mile east of Linder Road. The application before you tonight is a rezone. The highlights of the proposed development include a rezone of about half an acre of land from R-4 to L -O. The applicant is proposing to use the property to- expand the existing parking lot for the Meridian library just to the west of the subject property. So, you can see the library just to the west and here is the proposed parking layout. Just a note that the proposed use of the property is considered a public/quasi-public use and, as such, is a permitted use in the L -O zoning district. Staff is recommending -- or the original staff report recommended the following DA requirements: One, that the applicant improve and dedicate Leisure Lane just to the east from Cherry Lane to the north property line, consistent with ACHD public street standards prior to approval of the. certificate of zoning compliance for the parking lot expansion. The second one was that parking lot lighting shall be shielded so that no direct light shines into adjacent residential properties. The applicant shall submit a lighting plan that has been approved by the Meridian City Council August 12, 2008 Page 40 of 52 police department with the certificate of zoning compliance application for the new parking lot. And, third, a certificate of zoning compliance shall be submitted to the planning department for approval of the proposed parking lot expansion after the rezone ordinance and development agreement have been approved.by City Council. The site plan submitted with the CZC shall substantially comply with the conceptual plan before you now. If a use other than the parking lot is proposed on the property in the future, a modification to the subject development agreement shall be required. We don't have any elevations tonight. The Commission recommended approval at their July 3rd public hearing. Ed Daniels, the applicant's representative, spoke in favor. Margaret Wallett spoke in opposition. And commenting were Allen Garrett, Terry Layton, and Janet Sanchez. The key issues of discussion were the conversion of Leisure Lane from a private street to a public street from Cherry Lane to the north boundary of the site. The use of the private street for public access. Improvement and dedication of Leisure Lane as a public street if used for public access to the site. And restrict access to the site from Leisure Lane if public street improvements aren't made, access provided through the library property to the south or west. Let me talk about that for a second. The library district also owns this piece.of property and they are making use of the parking associated with that. So, there is -- there was a -- they are parking there now and I'll get back to that in a moment. So, the key Commission changes to staffs recommendation -- they did strike that first development agreement provision, the one that required improvement and dedication of Leisure Lane as a public street. And they placed -- replaced it with a provision that said, okay, if you're not going to make it a public street, then, you need to prohibit access from that and take your access back through to the -- to Cherry Lane. So, the outstanding, issue before City Council is the access to and from the site on Leisure Lane. Obviously, this has been the largest issue of discussion for the -- the project. And, then, there is the question of access through the library property to the west or south and there is a concern that if they were to restrict access to Leisure Lane at this point, that they would just punch through and take the access to Leisure Lane through the southern property here. But, again, this southern property is not part of our application tonight. The other concern is -- and I didn't look at the timing issues. suspect this was in before our recent code modification, but you all approved a code modification recently that says if you have access to a local street -- now, Leisure Lane is not a local street, it's a private street, but if you have access to the local street, in addition to access to an arterial, you need to shut down your arterial access and take your local street access.. So, I think that that becomes a big issue for this in the future. I think on this one it's not a'local street, so it's a little different issue. But we are trying to get folks off of the arterial roadways, to remove those- access points. So, those are the outstanding issues before City Council and with that I will -- oh, we did receive written testimony from J. Sanchez -- Janet Sanchez and I can briefly -- you have that before you. Rountree: Yes. De Weerd: Yes, we do. Meridian City Council August 12, 2008 Page 41 of 52 Canning: And if you'd like me to read it for those that are here, I can. Rountree: Please. Canning: Okay. Dear Mayor and Council: We are unable to attend the Council meeting tonight, but wanted to offer input regarding RZ 08-002, Meridian Library Parking Lot Expansion. The library district has worked with our neighborhood since early in their planning process. We have shared their design and provided a forum for residents to provide feedback. We have no concern with their plan to rezone the property at 1727 Leisure Lane and construct additional ' parking for the library. Our agreement to this project is based upon the plans by the library district to keep Leisure Lane as a private drive. We appreciate the adjustment by Planning and Zoning to remove any requirement that a portion of Leisure Lane be dedicated as the public roadway, as we would not support making it public. Another concern raised by Planning and Zoning that may arise for you as well is the interaction of the library district project and the pending plans to install city water and sewer services to the residents of Leisure Lane. The library is aware that we are pursuing this work and has accommodated it in their plans. We will continue to communicate with them, so that our projects do not conflict and are confident that they will continue to do the same. Sincerely, Tino and Janet Sanchez. De Weerd: Thank you. Okay. Any questions for staff? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Some of this sounds familiar to me. Didn't we have an application that either that property or maybe the two or three north of it -- I don't remember how long ago, but they came in for a subdivision. They either were going to combine two properties and divide it into three or combine three and divide it into two and the requirement at the time was that Leisure Lane become a public road. Did that whole applicant go away? Canning: Yes, it did. The parcels in question were these two and what they had proposed to do was to subdivide off the front and have them take access from this roadway, which I think is 11th? I'm not -- Bird: 12th. Canning: 12th. So, those properties would take access to 12th. We had required a stub street to Leisure Lane, but part of the problem in requiring that all of Leisure Lane become public is that it doesn't start off public. I mean I think that's one of staffs concerns is that if we don't start getting pieces of this as a public roadway, then, we will • Meridian City Council August 12, 2008 Page 42 of 52 never have a public roadway there, but that -- I mean there are communities that rely more on private roads than we do and this could be a place where that just always remains a private road. But getting sewer service in there is a concern, but it does sound like the neighbors were able to work that out with the library district. So, that's a positive step forward on that issue. Zaremba: Madam Mayor? My second question would be to Public Works, actually. Do we put water and sewer under private roads? I didn't think we did that. Radek: Madam Mayor, Members of the Council, not that I know of. I don't know of a place in the city where we would put sewer and water service in a private road. I could look into it and see if there is an instance where that's happened. It could have -- you know, I could see somewhere in downtown where maybe that happened in the past, but it's not common practice to do that. Zaremba: Thank you. De Weerd: Okay. Any other questions at this point for staff? Okay. Is the applicant here? Evans: Rodney Evans, W.H. Pacific. 3501 West Elder Street, Boise. Madam Mayor, Council Members, I'm actually standing in for Ed Daniels and Hummell Architects tonight. He presented at the first two P&Z Commissions and I guess I just want to clarify a few things for the Council and probably with Anna. First, Anna, did Sonya include our revised conceptual site plan that we had submitted? Yes. That's it. Thank you. I just wanted to clarify. We are in agreement with staffs recommendations and as Anna mentioned, the site to the south is not a part of this rezone, it's just the property to the west and, then, to the east where the parking addition happens. The major clarification on our conceptual site plan, which went through Planning and Zoning and I think caused a few problems, we had a future access located in this area, noted as future for this conceptual site plan for City Council, we removed that and that's what we are intending to go forward with when we go through with our CZC plans once we get approval of this rezone and we have also eliminated the two way access, which you saw on the conceptual site plan that was submitted for the first P&Z and second P&Z hearings. That eliminates -- and along with staff recommendations, that eliminates our need for this to be a public street. The library down the road wants to, of course, gain access to Leisure Lane, but we understand with working with the neighbors from the beginning of this project the water and sewer issues that are happening on the subdivision to the north, we would like to, you know, wait and defer any improvements to this Leisure Lane and, then, of course now involving this property at all at this point in time and just focus on this parking lot expansion, so the patrons of the library have additional parking and it's a much needed parking improvement to the library right now. So, that's pretty much our main focus, this rezone, and, then, to move ahead with our CZC. So, with that I'd stand for any questions. Meridian City Council August 12, 2008 Page 43 of 52 De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Evans: Thank you. De Weerd: Okay. I do have one person who has signed up in favor of the application. Terry Layton. Layton: Terry Layton. 1811 Leisure Lane. And I mostly wanted to be able to see the new drawing. Previously seen that. Like the letter from the Sanchezes, we are in favor of the library expansion. They have been great neighbors for numerous years. I don't know if I said 1811, but I live at the house just north of where this lot is going to be. I have one question, because I can't read good enough. Is the little slash line sidewalk coming out to Leisure or -- De Weerd: Is that drainage? Layton: I guess that's all I have to say. I am in favor of it and they have been great to work with. They have met with us numerous times as far as what our desires of the subdivision and neighborhood would be. So, I think they would be good neighbors. De Weerd: Thank you. Okay. This is a public hearing. 1s there anyone who would like to provide testimony on this application? Any further comments from the applicant? No? Rountree: Madam Mayor? De Weerd: Yes. Rountree: I guess get the question answered on the dashed line in the middle of the parking lot. Evans: Council Members, Rodney Evans. That is a walkway and we specifically put it in for the neighbors to the north to access the library site. So, walking down the private lane. Is that what's in question? This -- Zaremba: Madam Mayor? De Weerd: Yeah. • 1 r Meridian City Council August 12, 2008 Page 44 of 52 Zaremba: Will there be a post or something in the middle that would preclude a car from trying to use it? Evans: It is an eight foot wide sidewalk, just for continuity sake coming through the parking lot. So, yes, we could add a bollard to that for public safety. And, of course, the landscape is not shown on this plan, but we will meet or exceed all the city requirements during the CZC process, so -- Zaremba: Thank you. De Weerd: Thank you. Any further questions? Thank you. Evans: Thanks. De Weerd: Okay. Council, if there is no further questions for staff or the applicant, there is no further public testimony, I would entertain a motion to close the public hearing. Rountree: So moved. Zaremba: Madam Mayor -- Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the rezone for Item 16, RZ 08-002. Bird: Second. De Weerd: I have a motion and a second to approve Item 16. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. • Meridian City Council August 12, 2008 Page 45 of 52 Zaremba: Would the maker of the motion reference the revised site plan that was provided to us tonight? And the bollards. Rountree: That's what the hearing was about, so that's what my motion is about. Zaremba; Okay. De Weerd: Well, the record does reflect that this is all about the new plan in front of us. If there is nothing further, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Canning: Madam Mayor, just for clarification, that was the revised site plan and the requirement for the DA I assume? Rountree: Yes. With the plan it fits. Borton: That's what I heard. Item 17: Public Hearing: VAR 08-006 Request for a Variance to UDC Table 11- 2A-5, which requires a 15 foot rear yard building setback; and UDC 11-3A- 76, which limits fencing to 6 feet in height in the R-4 district for Maxwell Patio & Arbors by Sylvia Maxwell — 1065 E. Peacock Street: De Weerd':- Okay. Item 17 is a public hearing on VAR 08-006. 1 will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Maxwell Patio and Arbors application. The property is located at 1065 Peacock Street in Sportsman Point Subdivision No. 2 and the application before you tonight is a variance. The variance is for the 15 foot rear yard building setback and also a limit on fence height to six feet in the R-4 zoning district. You see this is a cul-de-sac lot. It's fairly a shallow one, with the property being right up against the 15 foot setback in the rear and you can see the patio cover shows up on the aerial photo and, then, the arbors are approximately in this location here. These are some site photos. These are the arbors. They are about a foot off the property line. They stand about ten feet fall. And this is the patio cover. Also, this is another view of the patio cover. This is a -- this is a photo taken from the top of the fence. I just wanted to give an example of the kind of terrain we are looking at as far as slope changes. You can see on the bottom ones that the -- that the property is sloping away from the -- Ms. Maxwell's house and, then, continues to slope up. This picture was taken with just setting the camera on top of the fence and, similarly, on this one. And, yes, my phone is ringing. Sorry. And the patio cover is an existing patio Meridian City Council August 12, 2008 Page 46 of 52 cover that was constructed in 2004. The posts for the patio cover are setback approximately a foot from the rear property line and so, therefore, approximately 14 feet into the required rear yard setback area. The cover does not encroach into the required side yard setbacks. There is also a five foot wide public utility drainage and irrigation easement that it encroaches into. The arbors -- sorry. I bet you 20 bucks it's my daughter. The subject arbors are considered fences and as such are limited in height to six feet. I spoke briefly about the topography. So, the land where the applicant's building pad for the house and rear yard area sits about two feet lower than the land at the rear property line. The grade on the house that sits on the adjacent property does appear to go up even more steeply than that. So, the neighbor's second story deck appears to encroach significantly within the rear setback area, giving direct view into the applicant's property. So, because of the differences in topography between the two properties and the proximity of the neighbor's deck in relation to the applicant's rear yard, the applicant constructed a patio cover and arbors for privacy. Because the patio cover is attached to the house, a building permit is required: The building permit -- the building department stated that a building permit was not issued to that address for those structures and the applicant states that she was not aware that a permit had been -- not been obtained, because she hired a contractor to do the work, thus, she didn't realize she was in violation of city ordinances. As always, in order to grant a variance, the City Council must make the following findings: The variance shall not grant a right or special privilege that is not otherwise allowed in the district. The variance relieves an undue hardship because of characteristics of the site and variance shall not be detrimental to the public health, safety, and welfare. Again, staff believes that granting a variance for this reason requested by the applicant would not grant a right or special privilege to the applicant that is not otherwise allowed in the district, mostly because of the unusual shape of the property being a shallow cul-de-sac lot and also the topography. So, particularly the topography. Further, staff believes that there is an undue hardship to this property owner due to the lower elevation of her property in relation to her neighbors and staff believes that it would not be detrimental to the public health, safety, and welfare. So, given that, staff did recommend approval of this variance and with that I'll answer any questions that Council or Mayor may have. De Weerd: Council, any questions for staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Why was this brought to the city's attention? Canning: I am not sure. It was either because it was a Patio Covers Unlimited project or because of the neighbor called it in. It was one of those two and to be truthful, I can't remember which. 0 • Meridian City Council August 12, 2008 Page 47 of 52 Rountree: Maybe the applicant can enlighten us. Canning: Yes. De Weerd: Okay. If there is no further questions for staff, is the applicant here and would like to make comment? Canning: The applicant has someone speaking for her tonight. De Weerd: Her representative. Canning: Yes. Adriany: Good evening -- De Weerd: Good evening. Adriany: -- Honorable Mayor, distinguished Council Members, my name is Joe Adriany. I have been asked to be Sylvia Maxwell's group speaker and I happily accepted. I'm a next door neighbor at 1087 East Peacock. It's the house right to the east. Actually, I share a small portion of the back fence with the rear property behind her. I also was a past board member of the subdivision -- Sportsmans Point Subdivision and I was a board member when Sylvia presented an architectural plan for her patio cover and we inspected that and approved that back in 2004. 1 wasn't on the board after that, but she did submit an architectural plan for the arbors to the new board and that was also approved by the Sportsmans Point Homeowners Association. I had the chance to look at the staff report that Sylvia showed me and I was surprised how thorough it was and it covered everything. I thought I would have to go into more detail or speak longer, but it was -- it just had everything in there already. I did want to add that Sylvia's lived there for many years, as I have, and the rear neighbor -- the rear neighbor has, since we have all been there, done some construction. He added a two story addition to the west of his property. It's the bottom photo there. And he also added a large redwood deck and you can see the lattice work to the left on the bottom photo. You can see it at the top right -- well, actually, all three photos. The lattice work -- if you look at the top photo on the right, that's just a portion of the patio cover -- I'm sorry, the patio deck or it's not even a patio deck, it's a deck -- a two story deck. That's the lattice cover in front of it. It proceeds to the left, which would be to the east quite a ways farther. So, that deck right there pretty much covers the area of Sylvia's entire rear portion of her home, including her patio area. So, what happened was there was a privacy problem. Where ever she walked around in her yard and even inside her home -- it's through the sliding glass door, there is a dining area and with a table and the kitchen and there is a direct view from that redwood deck right into her dining area and her kitchen now, so -- so, back in 2004 she had that patio cover installed with our approval when I was a board member and everything was fine. Later on the second story addition went up that I spoke about Meridian City Council August 12, 2008 Page 48 of 52 earlier, so she has those arbors. And I actually have a -- I don't know who to give this to. ' I have four more photos. Okay. I just wanted to take a couple of photos from inside her home behind the sliding glass door looking up towards the rear property to show you how important that patio cover is to her privacy. And she's a single woman living alone and, you know, if I was her I'd find that important as well. Those are two pictures. The other two pictures I took from my property to the east and it gives you a perfect view of the elevation and the topography that was spoken about earlier and when we get to that I'll show you what I mean, that the top of that arbor -- the top of the arbor is actually at the level or just slightly lower than the -- the second -- the deck that was -- that he had built. So, if you're on the redwood deck you actually see over -- easily see over the top of the arbor. If -- if there was any question that there was a view that was an encroachment of the neighbor's view and the neighbor -- you know, the neighbor to the rear did, in fact -- we understand have some kind of issue with a view, but the -- the height of his property and that deck and the windows in the second story -- and when you see in the picture that -- you know, when it's up there, you will see that there is no view issue. The only view would be directly into her yard or her home, because he can see over her home. Her home is only a single story, his is a two story, so -- okay. Canning: We are almost there. Adriany: And while she's doing that, I might add that those structures are pretty spendy. You know, she spent a lot of money and, you know -- Zaremba: Was it nighttime when you took this picture? Adriany: I didn't use the infrared. Canning: Try one more time here. De Weerd: That's a beautiful view. Adriany: Sylvia wanted me to mention that the rear view neighbor was the complaining party that initiated this. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is the rear neighbor part of your homeowners association or is that a different neighborhood? Adriany: Same subdivision. Right. 0 • Meridian City Council August 12, 2008 Page 49 of 52 Rountree: And their improvements were run through your architectural. review committee and approved? Adriany: I haven't been on the board since 2004. 1 understand that -- do you know, Deborah? Deborah was -- is also a resident in the same cul-de-sac and she was a board member for that phase during the time of the construction of the second story and she would know, if I could defer to her. Rountree: If you would. De Weerd: If you could, please, state your name and address for the record. Silva: Sure. My name is Deborah S. Silva. De Weerd: You can pull that down. Silva: Sorry. Being short, you know. My name is Deborah S. Silva and I'm at 1044 East Peacock in Meridian. I happened to be on the board of directors when the two story addition went in. One of the codicils to the approval of the addition was that that person was supposed to get approval by all contacting neighbors to his property and across the street, because they would impact the view of those to the south of him. Apparently, he never approached Ms. Maxwell. So, in effect, although he was approved with those codicils, he never met the codicils and as far as I'm concerned never met the requirements to be approved. Rountree: Just information for me. That's between you and your neighbor. Silva: Right. Rountree: There is nothing the city can do about that. Silva: I understand that. That's the only clarification I can give you. Rountree: Thank you. De Weerd: Okay. Canning: Madam Mayor, I blew up the computer, so we are starting over again. I'll try and get that up. De Weerd: Well -- and, Council, I don't know how important those pictures -- the additional pictures are. I think the ones that we have already seen speak volumes. Borton: Madam Mayor? • Meridian City Council August 12, 2008 Page 50 of 52 De Weerd: Yes. Borton: To echo with that, you know, from what I have read and heard, I'm in support of the variance request. Rountree: I am as well, Madam Mayor. I would move that we move the hearing along and we can make a decision. De Weerd: Okay. Zaremba: Madam Mayor, I agree with that as well. I would only question one of the pictures showed in the two story house's yard what looked like a metal structure that would have been in the setback. Canning: I believe it's just a wire frame for vegetables to grow on is all it is. Zaremba: It's not a structure. Bird: It's not a structure. That's movable. Zaremba: Okay. De Weerd: Okay. Canning: I do think there are other zoning violations on that site, but that's not one of them. De Weerd: Well, it sounds like you have great support up here. Do you have any further comment? Adriany: No, Madam Mayor. De Weerd: Thank you. I do have a number of people who have signed up in favor. If they would like to provide testimony, certainly would welcome it, but it looks like it's not necessary. I don't know what Council will really do, but I have a good guess. If there is no further testimony, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item No. 17. • Meridian City Council August 12, 2008 Page 51 of 52 Zaremba: Second. 0 De Weerd: All those in favor say aye. All Ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the variance request and for reasons as stated in the staff report. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 17. If there is no discussion, Madam Clerk, will you, please, call roil. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I would like to comment to the applicant that you did an excellent job in trying to remediate what is kind of an onerous situation and I think that was done in a very tasteful manner, so good. De Weerd: Yes. And thank you for sticking with us in this meeting. Okay. Council, that is at the end of our agenda. I would note just for your information, you do have our delinquency for turn off list in front of you. This is the longest list we have had. If you have an opportunity to after tomorrow to stop by our utility billing staff and just give them your appreciation. I mean turn off day is very difficult and it looks like tomorrow is going to be extraordinarily busy and I would invite you to give them some kudos for what they do. Bird: I agree, but I'm afraid this isn't -- I don't think this is the bottom yet. De Weerd: Well -- • Meridian City Council August 12, 2008 Page 52 of 52 Bird: As sad as I am to say. (D De Weerd: No. And that's why we need to show our appreciation. So, with that said, if there isn't any further business in front of this Council, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) APPROVED, 09/Aa/OT MAYOR TAM a WEERD DATE APPROVED ATTESTED: JAYCE9 L. !10 , CTTY'�c� FZF� BEAL ,�R %9Q Usr�s�, August 8, 2008 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT ITEM NO. Jr REQUEST Proclamation for 2008 Western States Police & Fire Games 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E IDAHO The The Office of the Nayor PROCLANATION ^Whereas, the 2008 Western States Police and Fire Games are being hosted by communities in the Treasure Valley which includes Meridian; and ^Whereas, this is the third largest sporting event in the world; and ^Whereas, WSPFG is a multi -sport Olympics style athletic event held annually to promote the physical and metal well-being of professionals in the police and fire services; and ^Whereas, these games provide a friendly, competitive and social environment to encourage and pay homage to the camaraderie among these men and women through sports; and ^Whereas, the police and fire departments of the City of Meridian have taken the challenge of providing the venues of several of the sporting events; and ^Whereas, the members of the Meridian Police and Fire Departments and their families are filling pivotal roles as organizers, volunteers, participants and good will ambassadors for these games; Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim August 16 through 23, 2008, as Western States PoCice & Fire Games Days in the City of Meridian insrecognition and celebration for the commitment and dedication of these public servants visiting our community. Dated this 12th day of August, 2008. Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Joe Borton, City Council • August 8, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT Denise Alter 0 August 12, 2008 ITEM NO. 6-A REQUEST Findings for Approval -- Request for Annexation and Zoning of 0.92 acres from R1 to an R-2 zone for Alter Property -- 2741 East Leslie Drive 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST:. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Findings OTHER: Contacted: Drn 1.gcA- i rr Date:(I - O $ Phone: Emailed: Staff Initials: lL Materials presen ed at public meetings shall become property of the City of Meridian. E CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • EIDIANIZ,*-- �J In the Matter of Annexation and Zoning of 0.92 of an Acre from RUT (Ada County) to R-2 (Low -Density Residential), by Denise Alter, Case No(s). AZ -08-006 For the City Council Hearing Date of: July 8, and 22, 2008 (Findings on the August 12, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-006 -1- 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in the attached Staff Report for the hearing date of July 22, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval . of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Annexation request, as evidenced by having submitted the legal description and exhibit map, stamped and dated April 14, 2008 by Steven Haug, PLS, is hereby approved. D. Attached: Staff Report for the hearing date of July 22, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-006 -2- 0 0 By action of the City Council at its regular meeting held on the day of , 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: Jaycee`flof a , City Clerk SEAL '�- ris" . Copy served upon Applicant, The Planning Attorney. VOTED VOTED VOTED VOTED VOTED �- Public Works Department and City, By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-006 -3- CITY OF MERIDIAN PLANNING DBOMENT STAFF REPORT FOR THE HEARING * OF JULY 22, 2008 STAFF REPORT Hearing Date: July 22, 2008 (Continued from July 8, 2008) TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Alter Property . CE IDIAN IDAHO AZ -08-006 Annexation and Zoning of 0.92 of an acre from RUT (Ada County) to R-2 (Low -Density Residential) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Denise Alter, has applied for Annexation and Zoning (AZ) of 0.92 of an acre of land from the Rl (Ada County) zoning district to the R-2 (Low -Density Residential) zoning district. The property has an existing residence and RV shop on it, which are hooked into a well and septic. tank. The owner is proposing to build a new shop and house to replace of the existing ones and wishes to annex and rezone the property and hook up to City water and sewer service. The site is located at 2741 E. Leslie Drive in Carol Subdivision No. 2, west of N. Eagle Road and south of E. Ustick Road. This property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject application (AZ) was submitted to the Planning Department for review. Below, staff has provided a detailed analysis, comments, and recommended actions for the requested AZ application. Staff is recommending approval of the subject Annexation and Zoning (AZ -08-006) request as presented in the staff report for the hearing date of June 5, 2008, based on the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on June 5, 2008. At the public hearing they moved to recommend approval of the subiect AZ request. . a. Summary of Commission Public Hearing: i. In favor: Denise Alter; Lester Alter ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None Alter Property AZ -08-006 PAGE I CITY OF MERIDIAN PLANNING DEI MENT STAFF REPORT FOR THE HEARING * OF JULY 22, 2008 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ -08- 006 as presented in the staff report for the hearing date of July 22, 2008, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ -08-006 as presented during the hearing on July 22, 2008: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ -08- 006 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2741 E. Leslie Drive (Parcel #R1294550065) NE '/ of Section 5, Township 3 North, Range 1 East b. Owner: Denise & Lester Alter 3918 E. Vantage Point Lane Meridian, ID 83642 c. Applicant: Same as Owner d. Applicant/Representative: Denise Alter, Owner/Applicant e. Present Zoning: RI (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting annexation and zoning into the City with an R-2 zoning district and hook up to City water and sewer service. The property is currently served by a well and septic system. h. Applicant's Statement/Justification: "Existing property has a residence and RV shop on it which are hooked into a well and septic tank. We are going to build a new shop and house in place of Alter Property AZ -08-006 PAGE 2 CITY OF MERIDIAN PLANNING DEMENT STAFF REPORT FOR THE HEARING I& OF JULY 22, 2008 the existing and wish to annex and rezone so that we can hook into City sewer and water." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: May 19, 2008 and June 2, 2008 (Commission); June 16, and 30, 2008 (City Council) c. Radius notices mailed to properties within 300 feet on: May 8, 2008 (Commission); June 27, 2008 (City Council) d. Applicant posted notice on site by: May 16, 2008 (Commission); July 8, 2008 (Council) 6. LAND USE a. Existing Land Use(s): The property has a single-family residence and detached RV shop on it, which are proposed to be replaced with a new home and shop. b. Description of Character of Surrounding Area: The area surrounding the subject property consists of rural residential properties. c. Adjacent Land Use and Zoning: 1. North: Rural residences (Carol Subdivision), zoned Rl in Ada County, and R-2 2. East: Rural residences (Carol Subdivision), zoned Rl in Ada County 3. South: Rural residences (Carol Subdivision), zoned Rl in Ada County 4. West: Rural residences (Carol Subdivision), zoned Rl in Ada. County d. History of Previous Actions: This property is included in the Carol Subdivision No. 2 plat as Lot 8, Block 2, in Ada County. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer service will be from mains in Leslie Drive Location of water: Water service to this property will be from mains in Leslie Drive Issues or concerns: None 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is unaware of any hazards associated with this property. 6. Proposed Zoning: R-2 (Low -Density Residential) 7. Size of Property: 0.92 of an acre [Annexation area: 1.22 acres (includes property to centerline of Leslie Drive and Justin Place)] f. Landscaping: NA g. Summary of Proposed Streets and/or Access: Access is depicted on the site plan from E. Leslie Drive and N. Justin Place. Alter Property AZ -08-006 PAGE 3 CITY OF MERIDIAN PLANNING DEFOMENT STAFF REPORT FOR THE HEARING i!& OF JULY 22, 2008 7. COMMENTS MEETING On May 16, 2008 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies submitted comments on this application, which are included in Exhibit B of this report. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain three dwelling units or less per acre (see Page 99 of the Comprehensive Plan). One single-family dwelling and RV shop are proposed to be re- constructed on the subject property, which is 0.92 of an acre in size. The density for this property is within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: ➢ Sanitary sewer and water service will be extended to the property at the applicant's expense. ➢ The subject land currently lies within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject land currently lies within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. ➢ The subject land is currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject land is currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is planning to replace the existing residence and shop with a new residence and shop. Staff believes that the continued residential use of the property will be compatible with the other residences in this area. Alter Property AZ -08-006 PAGE 4 CITY OF MERIDIAN PLANNING DEP 'ENT STAFF REPORT FOR THE HEARING I*— OF JULY 22, 2008 Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. (Chapter VII, Goal IV, Objective C, Action 10) The subject application includes a request for the R-2 zoning designation. The Comprehensive Plan Future Land Use Map designates all of .the properties in this subdivision as Low Density Residential. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this property and the future land use designated for other properties in this vicinity. Staff finds that the proposed R-2 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a permitted use in the R-2 zoning district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: As mentioned above, the applicant is requesting annexation and zoning of the subject property with an R-2 zoning district in order to hook-up to City sewer and water service. The Comprehensive Plan future land use map designation for this property is Low Density Residential, which is consistent with the proposed R-2 district. The applicant proposed to replace the existing single-family home and RV shop with a new home and shop. The applicant has submitted a site plan, attached in Exhibit A.2, showing how the property will redevelop with a new home and shop. The new structures must comply with the dimensional standards of the R-2 zoning district listed in UDC 11-2A-4. Two driveways are proposed to the property; one from Leslie Drive and one from Justin Place. Based on the policies and goals contained in the Comprehensive Plan, the future land use designation of Low Density Residential for this property and adjacent properties, Staff believes that the requested annexation with an R-2 zoning district is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on April 14, 2008 by Steven Haug, PLS) shows the property as contiguous to the existing corporate boundary of the ,City of Meridian. Development Agreement: UDC 11-5B-3132 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff does not feel that a DA is necessary in this instance. If the Commission or Council believe that a development agreement is necessary, then staff recommends a clear outline of the commitments of the developer being required. Alter Property A7--08-006 PAGE 5 CITY OF MERIDIAN PLANNING DEMENT STAFF REPORT FOR THE HEARING & OF JULY 22, 2008 b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with an R-2 zoning designation per the comments listed in Sections 9 & 10 and the findings in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on June 5, 2008 At the public hearing they moved to recommend approval of the subiect AZ request The Meridian City Council heard this item on July 8 & 22 and Augu�l-2 2008. At the public hearing on August U,2008 the CouncH approved the cub�ect AZ 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan B. Agency Comments C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Alter Property AZ -08-006 PAGE 6 CITY OF MERIDIAN PLANNING DEMENT STAFF REPORT FOR THE HEARING 1W OF JUNE 5, 2008 A. Drawings 1. Vicinity/Zoning Map x rA CITY OF MERIDIAN PLANNING DEMENT STAFF REPORT FOR THE HEARING 11W OF JUNE 5, 2008 2. Site Plan CITY OF MERIDIAN PLANNING DE1*FMENT STAFF REPORT FOR THE HEARING GE OF JUNE 5, 2008 B. Agency Comments 1. FIRE DEPARTMENT 1.1 One and two family dwellings not exceeding 3600 square feet will require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 1.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 'h" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face. a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 1.3 All portions of the buildings located on this project must be within 15.0' of a paved surface as measured around the perimeter of the building. 2. PUBLIC WORKS DEPARTMENT 2.0 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.1 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13(-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas. 2. POLICE DEPARTMENT 2.1 The Police Department has no concerns related to the site design submitted with the application. 3. SANITARY SERVICES 3.1 SSC has no comments related to this application. CITY OF MERIDIAN PLANNING DEOMENT STAFF REPORT FOR THE HEARING I& OF JUNE 5, 2008 C. Legal Description & Exhibit Map 1450 EaistWateriower St IDAHO Suite 150 SURVEY Meridian. Idaho 06412 GROUP Phone (48) 84 , 6t8570' F zik 0 0 _08)884-53 PrOjetWo. 08-068, April 14, 2008 Description on for Lot 8, Block 2 caroPs Subdivkon'No. ReZone/Annex l3e.mg all of Lot Block 2 Of Cai-OPs SUbdlyisiort No. 2*, as fileclin Book 39 of Plats at Page 324,9, records'Qf MaCounty, lddhq, and portons of,ptiblic rights, -of -way located in the'NE 1/4 Of Range , Section 5,, Town�hip 3 NortRa North,, ..go I-East,,,136ise Men Meridian Ada County, Idaho, More particularly described as, follows: Beginning at the Southeast corner of said Lof. 9, 8 Block.2 of Carol's Subcfi-%q*sjon,No'.,2, , , Thence North 7761416" West, 215.96'feet; Thence -Worth 12"3514' -test, 192.15 feet; Thence Souih 77°1413611 East, 215.06'feet; Thence -South 120,35'24- West, 192.15. feet to the PUw.OF j- N B fE. GNING. This description is from data of record 0id: has not been verified or surveyed on the ground by Idaho Survey Group: PPbparcd:B,y:.' - Idaho Survey'GroiVP.C. ;Steven T-144ug, PLS P r o f'e- s•'s:f * Jvv I L d n 4d S u.r Y e y o r:s CITY OF MERIDIAN PLANNING DEOMENT STAFF REPORT FOR THE HEARING I& OF JUNE 5, 2008 BLOCK I " t s. s 77 z4, IBLOCK 2 Nps hN ..96i BLOCK 2 BY &Tr ° BORE 754 T SURIV, 2 GROUR P;Q, R90PERTY BOUNDARY LINE :LOT LINE CENTERLINE ,57. BLO.GK- 2i 503 D. BLOCK 2 25 .100 50 2Q0 SCALE: 1� 1.00' SUBDIVISION NO. 2 CITY OF MERIDIAN PLANNING DEMENT STAFF REPORT FOR THE HEARING OF JUNE 5, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-2. The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the existing and proposed use of the property as a residence is a permitted use in the R-2 district and that the density is consistent with the future land use map designation of low density residential for this property. The building setbacks depicted on the concept plan are consistent with the dimensional standards listed in the UDC for the R-2 zoning district. Further, hook up to the City sewer and water system is proposed with annexation of the property as required by the UDC. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. b. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds that the annexation and zoning of this property to R-2 would be in the best interest of the City. • August 8, 2008 S H P 08-006 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT Hickory Land Partners, LLC ITEM NO. 6-B REQUEST Findings for Approval -- Request for Short Plat to create 4 office condominiums in an existing building on 1 commercial building lot on 0.66 of an acre in an I -L zone for Northhickory Condominium -- 1020 North Hickory Avenue 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted Emailed: COMMENTS See attached Findings Aicro\/c, P1 �r KOeYI-1�� Date: ( Phone: �eri-1e(��C(` e Cj�l Staff Initials, Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ERIDIAM -- �J In the Matter of Northhickory Condominiums Short Plat consisting of 4 office condominium units within 1 building on 0.66 acres in an I -L zone, by Hickory Land Partners, LLC. Case No(s). SHP-08-006 For the City Council Hearing Date of: July 22, 2008 (Findings on the August 12, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 22, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-006 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Short Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 22, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § -11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Short Plat as evidenced by having submitted the Short Plat dated 6/2/2008, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 22, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-006 2 the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. 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 approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 22, 2008 G. Attached: Applicant's response letter for the hearing date of July 1, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-006 -3- il Oa AU. : 477,,Land A 1 g 0.419"&��Ciel Etlolnar_ L '$0ry m td' 3 W=l �IM 4 Kri6tyVi9iI',Ass 004.City P46per City 6f MeAdibn 'Ek,tAtbrtower1ppp,, Suite:202 'MerfCffj L n 16 83642 AE: NorthH.ickory Condominiums Short Plat July ,21,200.0 it,!'nresponse tb,,y:our.ft,qUest.,f6tatbl[6�w,up.li§ftor,,co6t6png,th'e,, City of, 4 Report f6r'Noohldkoo,'b�n*dbi�i�'iUi.� ft, and, Off s, I have it.W the: s �po.'tli6 site specific 66ndifiqnslie'&i No. 1:, We i2- concerning thepressure t9m, and the;rnainitenancbthereof.] have.,teqviise hfist 0: the, Note 12 one f , Utlb read:, I W�4,,M MAS 8 a UPR OVI )ED: Fk 6M'T,,-H E, -S ETTLEIR'S, IRRIGATION -rHE_,sU.0j.Ed7r 0.1ko 'i%i� ",' A EDf ,ND PERT -Y si , -BE"ING-SER bO.Y boNv's ED IS OW AND NoM � "IN TANED BY Na, have'notfound any other comments or concerns ih the staff reportthat steed to be -addresstd on the final H0a"r.ng opJuly. Z2a' -to answgrohy questions that may arise; P104te find the tac. hed,4 copies :of thefinal'plat., ;for lyour review and comments. Thaihk,you Ploge. cbntaq me,,- if thpre,al(e, a -y. 6 questions or concerns. YA, tawrende H.,XqThet., RLS.. .'City df,Wei ahjkespPDrISQ-Lek�ddc- Page:I ., V-1/1668 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-006 -4- By action of the City Council at its regular meeting held on the day of )2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED_U�. -- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta de Weerd \\\\`11111111.111J�1 �� Attest: EAL Jaycee Mman, City Clerk y Copy served upon Applicant, The Pf nr }}/� 5�f 1rt Public Works Department and City flllf9 111 Attorney. Dated: g- 25 OFt City Clerk's O face CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). SHP-08-006 -5- CITY OF MERIDIAN PLANI*G AND PUBLIC WORKS DEPARTM*TS STAFF REPORT STAFF REPORT: HEARING DATE: July 22, 2008 E. IDIAN-- IDAHO TO: Mayor and City Council G FROM: Jenny Veatch, Assistant City Planner 208-884-553'3 Scott Steckline, Development Services Coordinators 5 208-898-5500 SUBJECT: Northhickory Condominiums Short Plat Request for Short Plat Approval of Northhickory Condominiums to create 4 office condominium units out of an existing commercial building, in an I -L Zoning District, by Hickory Land Partners, LLC (File# SHP-08-006. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: SUMMARY RECOMMENDATION: The Meridian City Counril heard this item on July 22.2008. At the public hearing the Council approved the subject short plat. a. E111M61CV11111 rYl: ra1�Yas1IadiU4 7WE". 1- "i- .. L None APPLICATION SUMMARY & LOCATION The applicant, Hickory Land Partners, LLC, has applied for short plat approval of 4 condominium units within 1 commercial building on 0.66 acres in an I -L zoning district for Northhickory Condominiums. A building permit has been issued for the subject building and the building has been constructed. Northhickory Condominiums are located north of E. Pine Avenue and west of N. Eagle Road at 1020 N. Hickory Avenue in the NE '/ of Section 8, T.3N., R. I E. The subject property meets all of the applicability requirements as stated in UDC 11 -6B -5A and is eligible to be processed as a short plat. SHP-08-006 Northhickory Condominiums SHP.doc PAGE I CITY OF MERIDIAN PLANOG AND PUBLIC WORKS DEPARTMOTS STAFF REPORT Staff recommends approval of Northhickory Condominiums Short Plat with the comments and conditions stated in this report. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: June 30, 2008, and July 13, 2008 c. Radius notices mailed to properties within 300 feet on: June 27, 2008 REQUIRED FINDINGS FROM UDC 11-613-6 In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Comprehensive Plan designates the future land use of this property as Light Industrial District. The current zoning district of the proposed plat is I -L (Light Industrial District). The Comprehensive Plan allows for incidental retail and office uses in the I -L Zone. The office building is part of the Gemtone Center No. 2 Subdivision (Lot 9, Block 2). The proposed short plat complies with the Comprehensive Plan. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the development. Water and sewer services have already been installed with the Gemtone Center No. 2 Subdivision improvements. Fire, police, solid waste and irrigation services are all adequate. The adjacent public roadways have been completed to the required design and approach standards. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council finds that the subdivision will not require the expenditure of capital improvement funds. All sewer and water extension for this area were planned to be developer driven. All required utilities are either in place or will be the responsibility of the developer. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future unit owners will finance. the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenants will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Council does not believe that any additional traffic or noise will be generated with the approval of this plat; the approval for the subject buildings was previously granted. This subdivision will not be detrimental to the general welfare of the public in the surrounding area. Council finds that the SHP-08-006 Northhickory Condominiums SHP.doc PAGE 2 CITY OF MERIDIAN PLAN*G AND PUBLIC WORKS DEPARTATS STAFF REPORT subject subdivision will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Council is not aware of any significant natural, scenic or historic features associated with the development of this site that the City Engineer should be aware of. PLANNING & PUBLIC WORKS DEPARTMENT - SITE SPECIFIC CONDITIONS Revise or add the following plat notes on the face of the plat prepared by Lawrence H. Koerner, and dated 6/2/08: 12.) Revise to include what irrigation district the property lies within and who will own and maintain the pressurized irrigation system. Complete the Certificate of Owners. 3. If the City Engineer's signature has not been obtained by 7/22/09, the Short Plat approval for this subject project shall expire. 4. Comply with all applicable conditions of Gemtone Center No. 2 Subdivision. Comply with all conditions of the Ada County Highway District as they relate to this short plat. Staff's failure to cite specific ordinance provisions of the Unified Development Code does not relieve the applicant of responsibility for compliance. STAFF RECOMMENDATION Staff recommends approval of the Northhickory Condominiums Short Plat (SHP-08-006) with the above stated comments and conditions. EXHIBITS 1. Submitted Short Plat (4 pages) SHP-08-006 Northhickory Condominiums SHP.doc PAGE 3 CITY OF . MERIDIAN PLANOG AND PUBLIC WORKS DEPARTNOTS STAFF REPORT t CITY 0 . F MERIDIAN PLANOG AND PUBLIC WORKS DEPARTMWS STAFF REPORT I. Al0kTo�Hk'W0JV AVFNj4r iY loa 6-6 Q 16 I. `50074'45'W 1 rf a, Exhibit I CITY OF MERIDIAN PLANOG AND PUBLIC WORKS DEPARTM*rS STAFF REPORT p A Exhibit! r�xf t -%U WAVDInIAXT IDT AMA(l AND PUBLIC WORKS DEPARTN41WS STAFF REPORT 1 9 PH9,72 v ffkasg gg -U4­6�qw�A 11 all- I BVIANI'lllts ts V 40 Zia Ullto fig. OVIR 9 ti CPA le g qp-1 Ml I Utz I aut 5:11 lw, 'pt Ni IS fig , -0 gas 1gg 2§ A, Men 11 p q1t ,; - -2 14. is: ef j Exhibit 1 49 PH' 0 :lc .T— c CITY OF MERIDIAN PLANOG AND PUBLIC WORKS DEPARTIOTS STAFF REPORT Exhibit I CITY OF MERIDIAN PLANOG AND PUBLIC WORKS DEPARTMOTS STAFF REPORT Exhibit 1 August 8, 2008 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT ITEM NO. 6-C REQUEST Sanitary Sewer and Water Easement Agreement for Three Corners Subdivision by David & Luane Dean 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 • BOISE IDAHO 080l08 10:66 II I I'' II II'I I I �I I II IIII'I I) I I �'ll'II'll DEPUTY ilea Irby RECORDED -REQUEST OF 108097651 Meridien City SANITARY SEWER EASEMENT THIS INDENTURE, made thislk day o 20&Lbetween David J. Dean and Luane I. Dean Husband and Wife, and Foundations Academy, Ec. the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and J WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement Meridian Sewer Easement.doc I 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. 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 fust part have hereunto subscribed their signatures the day and year first herein above written. Luane I. Dean Foundati Academy, Inc. David Goodwin, President Sewer Main Easement Meridian Sewer Easement.doc 10...... '3 -# E STATE OF IDAHO ) ss County of Ada ) • On this day of j Le20�before me, the undersigned, a Notary Public in and for said State, persona y appeared David J. Dean and Luane I. Dean, Husband and Wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist ab sue. written. STATE OF IDAHO ) ) ss County of Ada ) NOARY PUBLIC FOR IDAHO Residing at:ja Commission Expires: !O j On this a I -r day of 20 0 J� before me, the undersigned, a Notary Public in and for said State, personally appeared David Goodwin, who being known or identified to me to be the President of said corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. r-'�' �1 19TARY PUBLIC Residing at: 5_� Commission Expires: Sewer Main Easement Meridian Sewer Easement.doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Attest by Ja0ee Holman, City Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) OF ,,Hill Nlit'j, / �O SEAL = s • On this 0a day of20 before me, the undersigned, a Notary Public in and for said State, personalW appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, 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) Sewer Main Easement Easement.doc NOTARY PUBLIC FOR IDAHO Residing at: (o Commission Expires: A Meridian Sewer ;�a� 0 TOOTS MAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS. SURVEYORS AND PLANNERS Project No: 07121 Date: May 16, 2008 Page: 1 of 1 9777 CHINDEN BOULEVARD BOISE, IDAHO 837142008 208-323-2288 • FAX 208-323-2399 bolse@toengrco.com EXHIBIT "A" City of Meridian Sanitary Sewer - Easement Description A strip of land being a portion of the Northwest Quarter of the Northwest Quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, described as follows: CORM IENCING at a found 518" iron pin, marking the Southwest comer of the Northwest Quarter of the Northwest Quarter of said Section 29, from which a found brass cap marking the Section corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, bears N.00°37'24"E.,1328.30 feet; thence, along the South line of the Northwest Quarter of the Northwest Quarter of said Section 29, A) S.89°36'15"E., 35.00 feet to the POINT OF BEGINNING; thence, 1) N.00°37'24"E., 20.00 feet; thence, along a line parallel with and 20.00 feet northerly from the South line of the Northwest Quarter of the Northwest Quarterbf said Section 29, 2) S.89°36'15"E., 474.94 feet; thence, 3) S.00037'24"W., 20.00 feet to the South line of the Northwest Quarter of the Northwest Quarter of said Section 29; thence, along said South line, 4) N.89°36' 15"W. 474.94 feet to the POINT OF BEGINNING - CONTAINING: 9,499 square feet, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Record. Exhibit "B", attached and by this reference, made a part hereof. 7 1.6 5-lfda8 _ H:1071211WPfiles\5urvcy\ExM-Meridian Saver E'smtdac BOISE - COEUR WALENE - CALDWELL 51 1 0 18 20 EXHIBIT "B" — SANITARY SEWER EASEMENT MAP LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, 3029 TOWNSHIP 4 NORTH, RANGE 1 EAST. BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 35 I I I I 1 I I I I I 1 I I o v Q 00 I �o dog N w °.w4 N In in M z �z I U Q n: I a W U 35 N89'59'56"E 509.97' _ 474.97' PROPOSED LOT 1, BLOCK 1 THREE CORNERS SUBDMSION NO. 1 DEED INSTRUMENT NO. 108047819 LEGEND — — BOUNDARY LINE SECTIONAL LINES — — — — — -- — — — — — ADJOINING PARCEL OR LAT LINE -- FOUND BRASS CAP o ANGLE POINT (NOTHING FOUND OR SET) O FOUND 5/8" IRON PIN W/PLASTIC CAP M MERIDIAN SANITARY SEWER EASEMENT UNE TABLE UNE BEARING LENGTH L1N00'37'24E 20.00 L2 S00'37'2 "W 20.00 7f -v 7316 V v J4 5-iw'ts of "POINT OF BEGINNING' N89'36'15"W 509.94' I� DUNWOODY SUBDIVISION .10629 I1/4 CORNER TOOTEMAN-ORTON ENGINEERING CO. 0 50 100 200 300 ENGINEERS SURVEYORS PLANNERS 9777 CHNDEN BOULEVARD • 901SE, IDAHO 83714-2008 PHONE: 208-323-2288 • FAX: 208-323-2399 SCALE: 1 "=100' E -M- ti\07121\W9-5eeer EsndA1<'G OR 09/16/08 JW7121-65-60 Parcel name: MMIDIM-gEWERESMT North: 726899.7654 Line Course: N 00-37-24 E North: 7269.19.7645 Line Course: S 89-36-15 E North: 726916.4.833 Line Course: 9 00-37-24 W North: 726896.4843 Line Course: N 89-36-15 W North: 726899.7654 • East : 2459795.9856 Length: 20.0002 East : 2459796.1732 Length: 474.9445 East : 2460271.1064 Length: 20.0002 East : 2460270.8888 Length: 474.9445 East : 2459795.9556 Perimeter: 989.8893 Area: 9,499 sq. ft. 0.22 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: 9 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1: 989,889,400.0000 RUR GUUrAI T nC6Ynucn J. Yaviu Mrannv nmvwn, •WW ' BOISE IDAHOn Irb2810S �O:�s DG III IIIIIIIIIIIIIIIIIIIilllllllill I III DEPUTY Un Irby RECORDED—REQUEST OF 108097652 Meddlen City WATER MAIN EASEMENT THIS INDENTURE, made this a_ day o 201—between David J. Dean and Luane I. Dean Husband and Wife, and Foundations Academ Inc. the parries 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, its 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. 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 Water Main Easement Meridian Water Easement.doc F' 1 �1- • LJ 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. Foundati Academy, Inc. David Goodwin, President Water Main Easement Meridian Water Easement.doc 0 0 STATE OF IDAHO ) ss County of Ada ) On this day of J -1 l 20jM before me, the undersigned, a Notary Public in and for said State, personUly appeared David J. Dean and Luane I. Dean, Husband and Wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOT Y PUBLIC FOR IDAHO Residing at: e<+- G."o Ar - Commission Expires: STATE OF IDAHO ) ) ss County of Ada ) On this day of 20j, before me, the undersigned, a Notary Public in and for said Sta a ly appeared David Goodwin, who being known or identified to me to be the President6f said corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. W. C Q.1. 00 e NOTARY P LL Residing at: Commission Expires: I%)S' C(kj)-e_ Water Main Easement Meridian Water Easement.doc • GRANTEE: CITY OF MERIDIAN Tammy de'Weerd, Attest by Jaye Holman, City Approved By City Council On: STATE OF IDAHO, • . ss: County of Ada ) On this 1,�day of A j=LQ lASk' ZO___��before me, the undersigned, a Notary Public in and for said State, personally appiared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, 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. '�•�t,A M' G ••. (SEAL) : e -' O T.4 •.��: La Water Main Easement ARY PUBLIC FOR IDAHO Residing at:Onl. L nl 1 L_rt I to Commission Expires: I( -1 H I �— Easement.doc Meridian Water Project No: 07121 Date: June 5, 2008 Page: 1 of 1 TOOTHAN-ORTON ENGINEERING CONY CONSULTING ENGINEER% SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 837142008 208-323-2288 • FAX 208-323-2399 boise@toengrco.com EXHIBIT "A" City of Meridian Water Easement — Description A 10 -foot wide strip of land being a portion of the Northwest Quarter of the Northwest Quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, described as follows: COMMENCING at a found 5/8" iron pin, marking the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29, from which a found brass cap marking the Section corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, bears N.00°37'24"E.,1328.30 feet; thence, along the South line of the Northwest Quarter of the Northwest Quarter of said Section 29, A) S.89 -36'l 5"E., 35.00 feet; thence, B) N.00°37'24"E., 47.45 feet to the POINT OF BEGINNING; thence, continuing, 1) N.00°37'24"E., 10.00 feet; thence, 2) S.89°36'20"E., 183.25 feet; thence, 3) S.49°47'34"E., 19.54 feet; thence, 4) S.89°22'40"E., 276.63 feet; thence, 5) S.00°37'24"W.,10.00 feet; thence, 6) N.89°22'40"W., 280.23 feet; thence, 7) N.49047'34"W.,19.52 feet; thence, 8) N.89036'20"W., 179.67 feet to the POINT OF BEGINNING. CONTAINING: 4,794 square feet, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Rec Exhibit "B", attached and by this reference, made a part hereof. H:\07121\WPfiles\Survey\ExhA-Meridian Water Em*2).doc BOISE • COEUR d'ALENE • CALDWELL ra 0 io E! 6 w 1920 E MIT "B" — WATERLINE EASEMENT MAP LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, 3029 TOWNSHIP 4 NORTH, RANGE 1 FAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO N89'59'56"E 509.97' ----------------- 35' 474.97' I I LEGEND — — BOUNDARY LINE I I I – – – – – – SECTIONAL LINES — — — — — — — — — — — ADJOINING PARCEL OR LOT LINE i I- FOUND BRASS CAP o ANGLE POINT (NOTHING FOUND OR SET) I O FOUND 5/8" IRON PIN W/PLASTIC CAP MERIDIAN WATERLINE EASEMENT I d I I I ci C I I PROPOSED LOT 1, BLOCK 1 N olz THREE CORNERS SUBDMSION NO. 1 o a DEED INSTRUMENT NO. 108047818 ro 01* 13 N ^ IO I I W 'tI IIx C4 Io i� �I a I M O a z �a o ! w a N^� I� N In I 14 M O LANp s I %Slr G9` I 7 16 of %0N, I I I ;'POINT OF BEGINNING" 10' MERIDIAN WATERLINE EASEMENT -1 In N89'36' 15"W 509.94' DUNWOODY SUBDIVISION 304 29 1/4 CORNER 0 50 100 200 300 SCALE: 1 "=100' TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINDEN BOULEVARD • BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 • FAX: 208-323-2399 E -I'M H:\07121\Exh8-Wale ESITIO.DWGOATE.04/23/08 JOB: 0712X&5-100 LINE TABLE LINE I BEARING LENGTH L1 I N00'37'24"E 47.45 L2 N00'37'24"E 10.00 L3 S49'47'34"E 19.54 L5 SOO'37'24"W 10.00 L6 N49'47'34"W 19.52 In I 14 M O LANp s I %Slr G9` I 7 16 of %0N, I I I ;'POINT OF BEGINNING" 10' MERIDIAN WATERLINE EASEMENT -1 In N89'36' 15"W 509.94' DUNWOODY SUBDIVISION 304 29 1/4 CORNER 0 50 100 200 300 SCALE: 1 "=100' TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINDEN BOULEVARD • BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 • FAX: 208-323-2399 E -I'M H:\07121\Exh8-Wale ESITIO.DWGOATE.04/23/08 JOB: 0712X&5-100 0 Parcel name: WATERLINE ESMT #2 North: 726947.2152 Line Course: N 00-37-24 E North: 726957.2147 Line Course: S 89-36-20 E North: 726955.9531 Line Course: S 49-47-34 E North: 726943.3397 Line Course: S 89-22-40 E North: 726940.3356 Line Course: S 00-37-24 W North: 726930.3362 Line Course: N 89-22-40 W North: 726933.3794 Line Course: N 49-47-34 W North: 726945.9783 Line Course: N 89-36-20 W North: 726947.2152 East : 2459796.4718 Length: 10.0001 East : 2459796.5806 Length: 183.2526 East : 2459979.8289 Length: 19.5389 East : 2459994.7510 Length: 276.6311 East : 2460271.3658 Length: 10.0000 East : 2460271.2570 Length: 280.2297 East : 2459991.0439 Length: 19.5165 East : 2459976.1388 Length: 179.6714 East : 2459796.4717 Perimeter: 978.8403 Area: 4,794 sq. ft. 0.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0002 Course: N 68-26-36 W Error North: 0.00006 East : -0.00016 Precision 1: 4,894,201.5000 r� • City of Meridian Public Works Dept. Memo To: Jaycee Holman; Tara Green. From: Scott Steckline; Development Services Coordinator CC: Karie Glenn Date: 7/22/2008 • Re: Proposed Agenda Item for July 29, 2008 City Council Meeting JUL 2 2 2008 City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the July 29, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Water and Sewer easements for Three Corners Subdivision. Recommended Council Action: The Public Works Department recommends that City Council approves the purposed water and sewer easements for Three Corners Subdivision. Thank you for your consideration. Please contact me if you have any questions. • Page 1 0 • SANITARY SEWER EASEMENT THIS INDENTURE, made this_ day of , 20—between David J. Dean sand Luane I. Dean Husband and Wife, and Foundations Academy; Inc. the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter' called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, :the sanitarysewer is to be provided for through.an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer Eine over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with.the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the `said easement and right-of-way unto the said Grantee, it's successors and assigns forever.-. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by -and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee. shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement.. Sewer Main Easement Meridian Sewer Easement.doc • •z 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. 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. David 1. Lu ane I. Dean Foundati s Academy, Inc. David Goodwin, President Sewer Main Easement Meridian Sewer Easement:doc 0 STATE OF IDAHO ) ss. County of Ada • On this day of -- , 20before me, the undersigned, a Notary Public in and for said. State, persona y appeared David J. Dean and Luane I. Dean,, Husband Publ. _ P and Wife, known or identified to me to be the persons whose names are subscried to the within instrument, and acknowledged to me that they executed the same. SIN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year 'fijj,4gyL,wv itten. r 2d�ARr PUBV� re of �t STATE OF IDAHO ) ) ss County of Ada - NO ARY PUBLIC FOR IDAHO Residing at: � 4f� Commission Expires: lel ij On this T - 'day of, 20 c7 , before me, the undersigned, a Notary Public in and for said State, personally appeared David Goodwin, who being known or identified to me to be the President of said corporation that executed the within instrument or the .person who executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. v �� s,40 10 �►Q�' ,��' TARY PUBL ®, 3U� ) Residing at: ?J ALlc Commission Expires: Sewer Main Easement Meridian Sewer Easement.doc • GRANTEE: CITY OF MERIDIAN Tammy de. Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By .City Council On: STATE OF IDAHO, ) . ss. County of Ada ) • On this day of _ _, 20. before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, 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: _ Commission Expires: Sewer Main Easement Meridian Sewer EaserneInt.doe • -0 TOOTHMAN-ORTON ]ENGINEERING COMPANY CONSULTING ENOWEERS, SURVEYORS AND PLANNERS Proj ect No: 07121 Date: May 16, 2008 Page; l of I 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714=2008 20.8-323-22881 a FAX 208-323-2399 boise®toensrco.com EXMBIT "A" City of Meridian Sanitary Sewer - Easement Description A strip of land being a portion of the Northwest Quarter of the Northwest Quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, describedas follows: COA WENCING at a. found 5/8" iron pin, marldng the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29; from which a found brass cap marking the Section comer common to Sections 19, 20,29 and 30, Township 4 North, Range I East, Boise Meridian, bears N.00037124"E:, 1328.30 feet; thence, along the South line of the Northwest Quarter of the Northwest Quarter of said Section 29, A) S.89°3`6'15"E:, 35,00 feet to the POINT OF BEGINNING; thence, 1) N:00°37'24" 1.3 20.00 feet; thence, along aline parallel with .and 20.00 feet northerly from the South line of the Northwest Quarter of the Northwest Quarter of said Section 293 2) S.8996' 15"E., 474.94 feet; thence,. 3) '5.00°37'24''W:, 20.00 feet to the South line of the Northwest Quarter of the Northwest. Quarter of said Section 29; thence, along said South line, 4) N'.89 -36'1.5"W. 474.94 feet to the POINT OF BEGINNING. CONTAIIVE1IG: 9,499 square feet, more or less. SUB3ECT TO All Rights, Rights -of -Way and Easements of Record. Exhibit'`'B", attached and by this reference, made it part hereof 7316 H:1071215WPtiia515un-cylEviA-Meridian Sc%wr E'smt.doc BOISE. - COEUR d ALENE • CALDWELL 19 20 EXHIBIT "B" - .SANITARY SEWER EASEMENT MAP LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, 3029 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 35, I — i i 1 i t r I 1 I 1 r I t i 1 I. f. t 1 1 I I Li C In IS O' IQ .8 t 3 OD ti 0 W E-+ 'I i it rn N jw V) U i0 '� to z '� z 1 a t Z r I O I a: t t I 6 1 I I 1 1 r I 1 I r d V _ ...-.N89_59'56"E _ 509.97' 474.97' PROPOSED LOT 1, BLOCK 1 THREE CORNERS SUBDIVISION NO. 1 DEED INSTRUMENT NO. 108047819 LEGEND e—. — — BOUNDARY LINE - - SECTIONAL ONES — — — _ — —— --' — ADJOINING PARCEL OR LOT LINE --FOUND BRASS CAP o ANGLE POINT (NOTHING FOUND OR SET) p FOUND 5/8" IRON 'PIN W/PLASTIC CAP' M MERIDIAN SANITARY SEWER EASEMENT I 589'38'15"E 474.94': 777 07,11 474.94 --- N89'3671 5 W 509.94' POINT OF BEGINNING` DUNWOODY SUBDIVISION 30 29 1/4 CORNER TOOTHMAN-ORTON ENGINEERING CO. 0 50 100 200 300 ENGINEERS SURVEYORS PLANNERS _ 9777 CHINDEN BOULEVARD • BOISE, IDAHO 8371.4--2008 PHONE:' 208-323-2288 • FAX: 208-323-72399' SCALE: 1=100' E-FILE;g;\07121\ExhO-Sewer Esmi-DWG 'OAX-05/16/03 JOEL 01121-85--100 LINE TABLE LINE BEARINA__L LENGTH L1 N00'37'21VE I 20.00_ L2 S00'37'24'W 20.00. I 589'38'15"E 474.94': 777 07,11 474.94 --- N89'3671 5 W 509.94' POINT OF BEGINNING` DUNWOODY SUBDIVISION 30 29 1/4 CORNER TOOTHMAN-ORTON ENGINEERING CO. 0 50 100 200 300 ENGINEERS SURVEYORS PLANNERS _ 9777 CHINDEN BOULEVARD • BOISE, IDAHO 8371.4--2008 PHONE:' 208-323-2288 • FAX: 208-323-72399' SCALE: 1=100' E-FILE;g;\07121\ExhO-Sewer Esmi-DWG 'OAX-05/16/03 JOEL 01121-85--100 • Parcel --name: MFRIDIPNSEWERESMT North: 726899.7654 Line Course: N 00-37-24 E North: 72.6919.7645 Line Course: s 89-3.6-15 E North: 726916.4633 Line Course. S 00-37-24 W North: 7268'96.4843 Line Course: N 89-36-15 W North: 726899.7654 East : 2459795.955'6 Length: 20.0.002 East : 2459796.1732 Length; 474..9445 East : 2460271.1064. Length: 20.0002 East : 2460270.88.88 ,Length: 414.9445 East : 2459795.9556 Perimeters 989.8893 Area: 9,4,99 sq, €t. 0.22 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error 'Closure: O:000Q Course: S 90-00-00 E Error North: 0.00000 East O:OOo0;0 Precision 1: 98,9;889,400.000:0 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of _ 20 between David J. Dean. and Luane I. Dean Husband and Wife, and Foundations Academy, Inc. the parties of the f rstpart, 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 here idafter.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 fight - 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 EXH191T 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 theirmaintenance, 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, ifs 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: 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 Water Main Easement Meridian Water Easement.doc 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 thatthey are lawfully seized andpossessed 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. Foundati ns Academy, Inc. David Goodwin, President Water Main Easement Meridian Water Easement.d'oe STATE OF IDAHO ) ) ss County of Ada On this _/ 7 ` day of _ _ - , 20Q� before me, the undersigned, a Notary Public in and for said State, person ly appeared David J. Deanand Luane 1. Dean, Husband and Wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the sarne:. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. STATE OF IDAHO - ) ) ss County. of Ada ). NOTAYS PUBLIC FOR IDAHO Residing at: Adlq- C,.1-0 Commission Expires: On thisday of , 20a, before me, the undersigned, a Notary Public in and, for said Sta er lly appeared David Goodwin, who being known or identified to me to be the President of said corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation and acknowledged to rne, that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year, fist above written.. ((s ,. e 1. �� � �y. b :O y .. ! m NOTARY PUBLIC Residing at: Commission Expires: IQCQ C��-e. Water Main Easement Meridian Water EasementAoc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: 'STATE OF IDAHO, ' : ss. County of Ada On this day of , 20: , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE. WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the Cityof'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: Commission Expires:- _- Water Main Easement Meridian Water Easement.doC' Project No! 07121 Dater June 5,2008' Page: I of 1 TOOTH:MAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLA;1`NERS 9777CHINDEN BOULEVARD BOISE, IDAHO 83714-2008' 208-321-2288 • FAX 208-323-2399 boise@toengrmc, om 'EXHIBIT "A" City of Meridian Water Easement Description A 10 -foot wide strip of land being a portion of the Northwest Quarter of the Northwest Quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, described as follows: COMMENCING at a .found 5/8" iron pin, marking the Southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29, from which a found brass cap marking the Section corner common to Sections 19,'20, 29 and 30, Township 4 North; Range 1 East, Boise Meridian, bears N.00°37'24"E., 1.328;30 feet; thence, along the South line of the Northwest Quarter of the Northwest Quarter of said Section: 29, A) S.89°36'15"E , 35.00 feet; thence, B) M00°37'24"E., 47.45 feet to the POINT OF BEGINNING; thence, continuing, 1) N.0003724"E:, 10.00 feet; thence, 2) S.89°36'20"E., 183.25 feet; thence, 3) S.49047'34"E., 19.54 feet; thence, 4) S.89022'40"E., 276.63 feet; thence, 5) 8.0003724"W`., 10.00.feet thence, 6) N.89°22'40"W., 280.23 feet; thence, 7) NA9°47'34"W.1 19.52 feet; thence; 8) N.89°36'20"W., 179.67 feet to the POINT OF BECINNINC. CONTAINING: 4,794 square feet, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Re, Exhibit "B", attached and. by this reference, made a part hereof. H:\07121\WPfiles\Survey\F,"--Meridian Water Bmt(2).doc BOISE • COEUR d'ALENE CALDWELL 1,920 EXHEDIT '"B" - iIWATERUNE EASEMENT MAP LOCATED IN THE NW 1./4 OF THE NW 1/4 OF SECTION 29, W 29 TOWNSHIP 4 NORTH, RANGE 1 rAST, BOISE MERIDIAN CITY ;OF MERIDIAN, ADA COUNTY, IDAHO 10 SCALE: 1'=100' PHONE: 208-323-2288 FAX: 208208-.323-23992399 E=FlIE; He\07121\ExhB-Water Esml(2):DXDATE:04/23/OB JDB: A21-85-100 N89°59'56"E 509.97' .3 5' I 474.97' I. LEGEND I — — BOUNDARY LINE SECTIONAL LINES. — _ — — _ — — — — — — ADJOINING PARCEL OR LOT LINE FOUND BRASS CAP' I o ANGLE POINT (NOTHING FOUND OR SET) p FOUND 5/8" IRON PIN W/PLASTIC CAP 'MERIDIAN WATERLINE EASEMENT a PROPOSED LOT 1. BLOCK 1 Lu _ o . Z THREE CORNERS SUBDIVISION NO. 1 o a DEED INSTRUMENT NO. 108047818 oo. fx I0 cli '? ui I= LINE TABLE w � N) I� UNE BEARING LENGTH_.'; N w L1 N00'37.24"E 47.45 M Un I o L2 NOO'37'24"E 10:00 o O o L3 S49'47'34"E 19.54 z z i a L5 SOO'37'24V 10.00 1 � Z I f L6 N49'47'34"W 19.52 10 SCALE: 1'=100' PHONE: 208-323-2288 FAX: 208208-.323-23992399 E=FlIE; He\07121\ExhB-Water Esml(2):DXDATE:04/23/OB JDB: A21-85-100 Parcel name: WATERLINE ESMT #2 North: 726947.2=152 Line Course:: N 00-.37-24 E north: 726951.2147 Line Course: S 89-36-20 E Northi 726955.9531 Line Course:, S 49-47-34 E North: 726943.3397 Line Course: S 89-22-40 E North: 126940.3356 Line Course: .S 00-37-24 W North: 726930.33.62 Line Course: N 89-22-40 W North: 726933.3194 Line Course: N 49-47-34 W North: 726945.9783 Line. Course: N 89-36-20 W North: 726947.2152 East : 2459796.4718 Length: 10.0001 East . 2459796.5806 Length: 183.25:26 East : 2.459979.828.9 Length: 19.5389 East : 2459994.7510 Length: 276.6311 East : 2460271.3.658 Length: 10.0000 East : 2460271.2570 Length: 280.2'297 East : 24,59991.04.39 Lengthy 19.5165 East : 2459976.1388 Length: 179.6714 East : 2459796.4717 Perimeter: 978.8403 Area: 4,794 sq. ft: 0.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 01.0002 Course: N 68-26-36 W Error North: 0.00006 East : -0.00016 Precision 1: 4,894,201.5000 August 8, 2008 MI 08-005 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT Liberty Partners, Inc. ITEM NO. 6-D REQUEST Addendum to Development Agreement -- Rquest for a Miscellaneous Application to Amend the existing DA to allow construction of 4 8-piexes prior to construction of Pine / Ten Mile for Sommersby Subdivision -- NEC of Pine / Ten Mile 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See aftached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER J. DAVID 0 AMOUNT .00 6 BO SE IDAHO 09M 09:12 AM II DEPUTY Usa Irby RECORDED -REQUEST OF 108101151 Meridian City ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Liberty Partners, Inc., Owner/Developer This addendum is made and entered into this day of 2008, by and between CITY OF MERIDIAN, a municipal corporation of the Stale of Idaho, hereafter called CITY, and Liberty Partners, Inc., whose address is 2873 West Wind, Eagle, Idaho 83616, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT, Instrument # 100103906 and amended with the Amended and Restated Development Agreement dated November 15, 2005, and recorded on December 5, 2005 as Instrument # 105184653 on the land described in Exhibit "A" ("Property"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: 5. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 5.8 The eight (8) office buildings located on lots 33 through 40 plat and the shall not receive a Certificate of Zoning Compliance until the North Ten Mile Road widening project and the Ten Mile Pine Avenue intersection projects are complete and operational. The term Certificate of Zoning Compliance is used herein as defined in the Zoning Ordinance ofthe City of Meridian, Idaho. 5.9 Lots 43-50 (as shown on the preliminary plat) of the Sommersby Subdivision shall be recorded prior to issuance of occupancy for the first 8-plex building. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-005 SOMMERSBY) PAGE 1 OF 4 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/ Developer and City, other than as are stated herein. Except as. herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon.the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-005 SOMMERSBI) PAGE 2 OF 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: 0 Jaycee L. Holman, City Clerk OWNER/DEVELOPER: LIl Im CITY OF MERIDIAN BY: Mayor T V e Weerd s S19AL = 9 4r t9R • P fill - 111114-141 0% �cpv�rY A , ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-005 SOMMERSBI) PAGE 3 OF 4 • STATE OF IDAHO ) E . ss: County of Ada, On this day of 2008, before me, the undersigned, a Notary Public in and for said State, perso y appeared Da tle Calli 5 t e�- known or identified to me to be the/� si a2 Gw, f — of Liberty Partners, Inc., 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/% (SEALp�� Ar �,, ¢ Public for Idaho Residing at: My Commission E ires: STATE OF IDAHO ) : ss County of Ada ) On this day of 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City 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. (SEAL); ;�' Notary Public for Idaho ti;� ; ,• •., Residing at: CL I -r I I I Commission expires•t(:11-1 1 ADDENDUM TO DEVELOPMENT AGREEMENT (MI 08-005 SOMMERSB7) PAGE 4 OF 4 • EXHIBIT A (R-15 Medium High Residential District): A parcel of land situated in a portion of the S"K of the NW% of Section 11 T.3N., R.1 W., B.M., Ada County, Idaho and being particularly described as follows: Commencing at a brass cap marking the W% corner of Section 11, thence along the West line of said NWY4 N 00025'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW comer of said Section bears N 00112527" E a distance of 2196.33 feet said point being the POINT OF BEGINNING; Thence continuing along said Section line N 00°25'27' E a distance of 239.80 feet to a 5/8 inch rebar, Thence leaving said Section S 8703523" E a distance of 507.94 feet to a 5/8 inch rebar, Thence N 80040'45" E a distance of 344.45 feet to a point; Thence S 61°01'27"' E a distance of 14.33 feet to a point; Thence S 00049103" W a distance of 739.62 feet to a 5/8 Inch rebar, Thence along the South line of said NW% N 89°1057"' W a distance of 485.79 feet to a point; Thence leaving said Section line N 00049'03" E a distance of 86.04 feet to a point; Thence along the arc of a curve to the right having a radius of 1.00.00 feet,a central angle of 2200449", an arc length of 38.54 feet and a long chord of 38.30 feet bearing N 11°51'28" E to a point; Thence N 22°53'52" E a distance of 51.44 feet to a point; Thence N 67006108" W a distance of 43.08 feet to a point; Thence N 89°10'57" W a distance of 156.38 feet to a point; Thence N 0002527"' E a distance of 273.96 feet to a point; Thence N 890341$3"W a distance of 200.50 feet to the POINT OF BEGINNING. Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-of-way of record or implied. and (L-0) Limited Office Distri„21: A parcel of land situated in a portion of the S%a of the NW%4 of Section 11, T. 3N., R. 1W., B.M., Ada County, Idaho and being particularly described as follows: BEGINNING at a brass cap marking the WI/4 comer of said Section, thence along the West line of said NW11/4 N 00°25'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW comer of said Section bears N 0002527"' E a distance of 2198.33 feet; EXHIBITA _ 0 0 Thence leaving said Section line S 8903433" E a distance of 200.50 feet to a point; Thence S 0025'27" W a distance of 273.96 feet to a point; Thence S $9010'5r E a distance of 156.38 feet to a point; Thence S 67006'08" E a distance of 43.08 feet to a point; Thence S 22053'52"W a distance of 51.44 feet to a point; Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22110449", an arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11051'28" W to a point; Thence S 0049'03" W a distance of 86.04 feet to a point; Thence along the South line of said NW% N 89010'57" W a distance of 368.85 feet to the POINT OF BEGINNING. Said parcel contains 2.87 acres more or less and Is subject to all existing easements and rights-of-way of record or Implied. E)G IIBIT A 01t • August 8, 2008 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT ITEM NO. 6-E REQUEST Change Order No. 2 with K2 Construction for Water Division Phase 2 Project for $5,069.95 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See atfached Appvclvc�, OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERiDIANR 33 EAST IDAHO �, E JUL MERIDIAN, ID 83842 2 9 2OQ8 1(2 CONTRACT CHANGE ORDER ��� r • Change Order No.: 2 _ Project Number: 0726 C Date: 7/28/20(18 Effective Date: CONTRACTOR: K2 Construction PROJECT: Water Division - Phase 2 The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: I Amount wCD No.$) Supply and install 2" Condensation Control Blanket at the roof of the vehicle storage building. $5,089.9 Reason for Change Order: wcD No.5) Extend the life of the vehicle storage building. Attachments: WCD No. 5 and K2 Change Order No. 00004. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TTAIIES: Original Contract Pricer $468,665.00 Ortel Contract Completion Date: 9/10/2008 Ordeal Contract CvmpMon DW. 90 Working Net changes torte previous C.O.'s.: Net Days change form previous C.O.'s: No. 2 to 1 No. 2 to 1 $27 377.13 8 Working Contract Price Prior W this C.O.: Contract Completlon Date before this C.O.: 9/22/2008 $496,042.13 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: 0 $5.069.97 Contract Prim Wall Appnaved C.O.'s: Contract Completion Date with all Approved C.O.%: ' 9/2202008 $501,112.10 RECOMMENDED: (CONMUCRON MANAGER) ACCEPTED (CONT OR) By...vim-� oe Da Date: /jam Dab %�Z 9 d APPROVED: (CITYPURC G A COUNCIL APPROVAL By: Keith watts Data: / Sr —� . 0 Date: APPROVED ATTEST. ATTEST: BY Mayor Tamed Dace: 8 -13 - J �' By City CIerk, Jaycee Holman = = Date: 8 -Olt 4! 111#1111 tilt%% CRYOPMPRIDI M WA?9kDlN M-PH=2 ADA COUM T. MKW • WORK CHANGE DMCMEVE �J No. 005 DATE OF ISSUANCE _ 7!28/08 BFFBCTIVE DATE 728/08 OWNER ► ofMaidian CONTRACTOR KT ConsWx*= pru.1ect RbN0—A — Pham 2 0WN1W8 CDntrad No. 0726 C You are directed to proceed promptly with the following change(a): Deseripd= SuapplY and install r C.ondensafion Cm*ol Blanket at the roof of the vehicie storage building. Punvose of Work Change Directive: Extend the life of the vehicle storage balding. If OWNER or CONTRACPOR believe that the above change has sited Cm&act Prig any Claim for a ChaWIF Order based therecm Will involve one or more of the following methods as defined in the Method of deten h3 ing change in Contract Pricx: 13 Unit Prices to Lump Sum ❑ Cost of the Work wed inmemm (decrease) in Contract Puce: S 4�;L If the change involves an inureaac. the estimated amount is not to be exceeded without further authorization. Estimated increase (decrease) inContract Times: Substantial Completion: $ days; Deady fbr final payment: days. RBCOMMENDID: AtrMR]ZBD: ANAGER p BY: ►5 By. l'Ai �o�11bV PJCDC N .191041-F C1996 SCOW bydm$, lofiricmdmaDOW== and byT&A oc.0 orAmaimnidftc Memo To: Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner From: Max Jensen, Engineering Technician CC: Clint Dolsby, P.E., Acting City Engineer Rick Clinton, Water Division Superintendent Date: 8/1/2008 Re: Proposed Agenda Item for August 12, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 12, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 2 with K2 Construction - Water Division Phase 2 project (Construction) Attached is Change Order No.2 with K2 for the construction of the Water Division — Phase 2 project. This change is for the supply and installation of a condensation control blanket system to extend the life of the vehicle storage building. The Change Order is for an additional $5,069.97 (0.01% increase to the original contract amount) and is within the approved FY 08 budget. Recommended Council Action: The Public Works Department recommends that City Council approves and signs Change Order No. 2 with K2 Construction. Thank you for your consideration. Please contact me if you have any questions. • Page 1 s • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 8018E IDAHO 08008 10:68 AM DEPUTY Usa Irby 111 RECORDED-REOUM OF 1 @S@9?653 Meridian Clay WATER MAIN EASEMENT THIS INDENTURE, made this !a- day oa20 between Western Ada Recreation District, the parties of the fust part, and hereinafter called thttors, 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 grantor; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation, 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 operation of a water line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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: President d� Secretary STATE OF IDAHO ) ) ss County of Ada ) On this 204- day of A 9-'.L 20 t before me, the undersigned, a Notary Public in and for said State, personally appeared CJ,4� r' .? I (,,►lr� c 11 )* and . known or identified to me to be the President and Secretary, respectively, of the Western Ada Recreation District that executed the within instrument, and acknowledged to me that such District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. MA '4. s-- ' . NOTARY PUBLIC FOR IDAHO yh *OA � Residing at ,7o'; + =P�tv� 770 Commission Expires: ") 2,6 -)ofZ • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Attest by Jays Holman, City Clerk Approved By City Council On: STATE OF IDAHO, : ss. County of Ada COUNT4 • On thisCr � day of U� ,t�S} 20 before me, the undersigned, a Notary Public in and for said State, personally app ed TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, 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. 0000...••• (SEAL) •••' `G'••• ARY PUBLIC FOR IDAHO i•`S T 0 •'4� Residing at:�[ (� • Commission Expires: tC o•• 0000.• EXHIBIT A WATER MAIN EASEMENT A twenty -foot wide water main easement lying in the N 1 /2 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, said easement being 10 feet either side of the following described centerline: Commencing at a 5/8 inch steel pin marking the most westerly corner of lot 37, block 1, of Rod's Parkside Creek Subdivision No. 3, as recorded in Ada County, Idaho; thence S.77039'35"E. 56.74 feet along the south line of lot 37 and 38 block 1 to the POINT OF BEGUC41NO of said easement centerline; Thence along the said centerline of said easement the following courses and distances: S.40035'53"W. 2.76 feet to a point; S. 10015148"W. 78.06 feet to a point; 5.34*44'12"E.15.61 feet to a point; S.79°44'12"E. 373.63 feet to a POINT OF ENDING of said centerline. Also: Said easement also includes all of lot 38, block 1 of said Rod's Parkside Creek Subdivision No. 3. J.N3W3SV3 NW P13lV" a Lewx3 m amaao LM ,0s a .., a.+.rr.sww�•........ Q mO IT, J.71?J1SW N011b'32p32! t/dV N2131S3M n n go/ez/e a0o ■ ■ �O* W O N Y N N N w w n W y x Li .y l �a P �GJ P� City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Kade Glenn CC: File Date: 8/6/2008 Re: Proposed Agenda Items for 8/19/08 City Council Meeting The Public Works Department respectfully requests that the following .items be placed on the 8/19/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Fuller Park by Western Ada Recreation District. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Fuller Park by Western Ada Recreation District and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. •Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this day of 20 between Western Ada Recreation District, 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 grantor; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation, 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 operation of a water line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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: President Secretary STATE OF IDAHO ) ) ss County of Ada ) On this P'29 fl day of e; t, , 200', before me, the undersigned, a Notary Public in and for said State, personally appeared t -'A,— 61 (_,rte., ;A and , known or identified to me to be the President and Secretary, respectively, of the Western Ada Recreation District that executed the within instrument, and acknowledged to me that such District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBLIC FOR IDAHO ,y h0a'1 c� Residing at a 7 Commission Expires: 7 2b iZ o 0? C y O • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO; ) : ss. County of Ada • On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, 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: Commission Expires: EXHIBIT A WATER MAIN EASEMENT A twenty -foot wide water main easement lying in the N1/2 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, said easement being 10 feet either side of the following described centerline: Commencing at a 5/8 inch steel pin marking the most westerly corner of lot 37, block 1, of Rod's Parkside Creek Subdivision No. 3. as recorded in Ada County, Idaho; thence S.77°39'35" E. 56.74 feet along the south line of lot 37 and 38 block 1 to the POINT OF BEGINNING of said easement centerline; Thence along the said centerline of said easement the following courses and distances: S.40°35'53"W. 2.76 feet to a point; 5.1.0°15'48"W. 78.06 feet to a point; S.34044'12"E. 15.61 feet to a point; S.79044'12"E. 373.63 feet to a POINT OF ENDING of said centerline. Also: Said easement also includes all of lot 38, block 1 of said Rod's Parkside Creek Subdivision No. 3. 1N3W39V3 NIVW 2131VM, 'M SKM .KOM Cl :m Maws / gamou 08VMOH r.r IR 171211514 NOIIV92179N VOV N213193M t o n Qo./Rz/v iH 'N I\ Jl�l 1 f )! a I • August 8, 2008 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT ITEM NO. 6-G REQUEST Buss Mechanical Change Order No. 3 for Additional Work for a Not to exceed amount of of $5,069.95 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Tom Coughlin, Stacy Kilchenmann, Council, Mayor Date: 8/7/08 Re: August 12, 2008 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 12, 2008 City Council Consent Agenda for Council's consideration. Original budget for this contract was $470,00.00. Change Order Items included in this change order are the result of City requested changes and additional work per above stated ASI's. Recommended Council Action: Approve Change Order #3 to Buss Mechanical for additional work for a Not -To -Exceed amount of $10,068.00 and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 03 PROJECT NO. CH -06-001 DATE: 7/2/08 EFFECTIVE DATE: CONTRACTOR: BUSS MECHANICAL PROJECT: MERIDIAN CITY HALL - Phase 3 Tenant Improvements 8 MEP The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's81, 68, 69, 70, 71, 72, 97,107; RFI's 91,104,106,107,113,147; PR#01 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's, RFI's & PR Attachments: Change Order items Description, dated 6/17/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 953,385.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 02 .$17'217.00 No._ to _ (calendar days) None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: $970,602.00 (calendar days or date) 8/28/2008 Net Increase of this Change Order: Net Increase (decrease) of this Change Order: $10,068.00 (calendar days or date) None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: $980,670.00 (calendar days) Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTI GE ACCEPTED: (CONTRACTOR) PETRA INC BUSS MECHANICAL. By: Tom Coughlin By: John Buss Date: 2y oS Date: APPROVED: (CITY PUR A ENZy T) ° 13 COUNCIL APPROVAL By: Keith Watts Date: 8-1—. v Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 1 P POSED CHANGE ORDER No. 00003 323-4500 BOISE, IDAHO RCE -1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: 208 323-4507 TME: ASI, RFI & PR Pricing DATE. 6/17/2008 PRO]ECT: Meridian City Hall JOB: 060675 TO: Attn: John Buss CONTRACT NO: 32 Buss Mechanical PO BOX 190476 . phys: 4471 S. Henry Boise, ID 83719 Phone: 208-562-0600 Fax: 208-562-0555 RE: To: From: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Item - Description .Quantity Units 00001 PR#01 Mayor Suite Revisions (RFP#01)- Revise 1.000 1LS--" APPROVAL: By: Date: Expedition:® By: Number: Unit Price Tax Rate Tax Amount Net Amount $1,938.00 0.000/0 $0.00 $1,938.00 LS at configuration of the Mayors Suite. Buss 0.00% $0.00 quote 3/17/08 LS 00002 ASI#81 Second Floor Office Revisions (RFP#02)- 1.000 $0.00 Revise & add office and conference space on 2nd $0.00 0.000/0 Public Works &Fire Dept areas. Buss quote $0.00 LS 4/30/08 0.00% 00003 ASI#68 Window Addition @ Rm. 311 (COR#21) 1.000 00004 ASI#69 DR/Soffit Rev Rms 234 & 240 (0011#22) 1.000 00005 ASI#70 Window Type at Rms 1SS & 161 1.000 0.00% (COR#24) $0.00 00006 ASI#71 Ceiling & Dr Rev @ Rm 143 (COR#23) 1.000 00007 RFI#91 Power Shutdown Rm.311 (COR#25) 1.000 00008 ASI#72 PW & ITWall Revision (COR#29) 1.000 00009 RFI#104 Beam Framing (COR#30) 1.000 00010 RFI#106 Fre Riser Rm.130 Enlargement 1.000 l.s (COR#31) 0.00% 00011 RFI#107 Basement RR- Fan Unit Access (COR#32) 1.000 APPROVAL: By: Date: Expedition:® By: Number: Unit Price Tax Rate Tax Amount Net Amount $1,938.00 0.000/0 $0.00 $1,938.00 LS $0.00 0.00% $0.00 $0:00 LS $0.00 0.000/0 $0.00 $0.00 LS $0.00 0.000/0 $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.000/0 $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 is $0.00 0.00% $0.00 $0.00 l.s $0.00 0.00% $0.00 $0.00 Unit Cost: $10,068.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $10,068.00 By: Buss Me' anical Lombar Conrad Architects Date: .. ZY Date: 0� v lkl-' PROPOSED CHANGE ORDER 1 R No. 00003 323-4500 BOISE, IDAHO OSNB,RAL CON11 ACPORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 111 Lt: ' ASI, RFI & PR Pricing DATE: 6/17/2008 PRO]ECT: Meridian City Hall TOB' 060675 TO: Attn: John Buss CONTRACT NO: 32 Buss Mechanical. PO BOX 190476 phys: 4471 S. Henry Boise, ID 83719 Phone:, 208-562-0600 Fax: 208-562-0555 APPROVAL: By: Date: Expedition.0 Unit Cost: RE: To: From: $0.00 Number: $0.00 DESCRIPTION .OF.PROPOSAL-' 0% GC Markup: $0.00 %Y. Total: $10,068.00 Item Description Quantity Units Unit Price Tax.Rate Tax Amount Net Amount 00012 RFI#113 Boiler Rue Configuration (COR#32)- Manifold boiler flues together to provide for one 1.000 Ls $6,739.00 0.00% $0.00 $6,739.00 roof penetration. This is the difference In cost for 4 smaller straight flues to the manifold system. Buss quote 6/6/08 00013 ASI#97 Relocate Gas meter (COR#34)- Relocate 1.000 Ls $997.00 0.00% $0.00 meter per item gas request & requirements. Buss $997.00 quote 5/29/08 00014 ASI#107 Wali Relocation @ Rms 244 & 245 (COR#35) 1.000 LS $0.00 0.00% $0.00 $0.00 00015 RFI#147 Relocate VAV #215 (COR#36)- Extend ductwork and relocate VAV #215 per RFI#147 1.000 LS $394.00 0.00% $0.00 $394.00 response. Buss quote 5/29/08 APPROVAL: By: Date: Expedition.0 Unit Cost: $10,068.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 %Y. Total: $10,068.00 By: By: Buss M nical Lomba , _ Conrad Architects Date: Date: p oa cane 2 ore Tara Green From: John Gonzales Sent: Thursday, August 07, 2008 2:47 PM To: Tara Green; Jaycee Holman Cc: John Overton - Police; Emily Kane; Bill Nary Subject: Item for the Consent Agenda for the next council meeting Attachments: MOW MAN.pdf Page 1 of 1 Tara and/or,Jaycee, The Mayor and her office have received several inquiries about the weeds on the properties at Linder Road and Cherry Lane. We have received a bid for the weed abatement, so we would like to place this on the next City Council's Consent Agenda. I have attached a bid of $1950 for the weed abatement. Can you please add this to the Council's meeting Consent Agenda? The addresses are: . 1528 W. Cherry Lane . 1516 W. Cherry Lane . 1440 W. Cherry Lane We recently had weed abatement approved by the council, and it read on the agenda as following: Directive Approval for Weed Abatement 238 West Washington Street: Approve Thanks. Sgt. ,john GonzaCes Community Services Meridian Police Department 846-7397 8/7/2008 Ali 75 C TISIDMERI I -A kk ,t 0 w P -El".110-RA, MI -0 August 8, 2008 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT ITEM NO. 6-I REQUEST Approval of TRS Range Services -Contract Addendum for Revisions for Preliminary Indoor Range Design for $3,000.00 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • I� TRS RANGE SERIOWES Certified 8(a) Small Business AUGUST 5, 2008 Jeff Lavey Chief of Police Meridian Police Department 1401 E. Watertower Meridian, ID 83642 RE: Contract Addendum for Revisions of Preliminary Indoor Range Design Dear Chief Lavey; Per your request, TRS Range Services will provide revisions to the original designs for and indoor range dated February 2008. The following revisions will be incorporated into the site design and cost estimate for the indoor range facility. Revised Site Design The following revisions will be completed for the existing site design: • Removal of the 50 Yard rifle range from the design. • Redesign the 25 yard pistol range as a non -fully enclosed type range and remove the air handling system from the design. • Adjustment of classroom and office facilities to available building space. • Revised cost estimate for construction of the range. Deliverables TRS will provide the Meridian Police department with a set of revised drawings and a revised cost estimate for the indoor range. Cost TRS will provide the labor, material and equipment for the scope of work summarized above for a fixed price of $3,000.00. The costs are based on award of the project within 30 days of the proposal date. Payment is required within 20 days of the invoice date. Attached is a copy of TRS standard terms and Conditions that are incorporated into this proposal. If the conditions are acceptable, please forward the Project Authorization or City Purchase Order to: Noreen Powers TRS Range Services 1739 Maybank Hwy, Ste B Box 326 Charleston, SC 29412 Or fax to: 843.795.2144 If you have any questions, please contact me at 843-795-3860. Your contact for the design work is Brandt Elwell at 208-949-4244. Sincerely, Noreen Powers TRS RANGE SERVICES TRS RANGE SERVICES, LLC 228 E. Plaza St Ste B211 Eagle, Idaho 83616.208-938-2891 •208-938-2892 fax 1739 Maybank Hwy, Ste B Box 326 Charleston, South Carolina 29412 •843-795-3860 •843-795-21.44 fax E • Certified 8(a) Small Business TRS RANGE SERVICES TRS RANGE SERVICES, LLC (TRS) STANDARD CONDITIONS 1. SERVICES. TRS shall provide professional services in accordance with the agreed upon scope of work. 2. EXECUTION. This Agreement becomes effective upon signatures by authorized representatives of the Client and TRS and upon receipt by TRS of a signed original or facsimile transmittal. If facsimile transmittal is initially sent to TRS. Client will provide TRS with a signed original for record as soon as practicable. 3. INITIATION. TRS is authorized to proceed with services upon receipt of an executed Agreement or written Notice to Proceed. 4. COMPLETIONfIERMINATION. This Agreement shall remain in force until completion and acceptance of the services or until terminated. The Client and/or TRS may terminate this contract upon 10 days written notice. In the event of such termination, TRS will be paid the portion of the compensation (and fixed fee, if applicable) for services performed in accordance with the scope of services under the terms of this Agreement to the date of termination together with all costs arising out of such termination. Continuing Service Agreements shall be reviewed annually for rates and shall retrain in force until terminated in writing by either party, or otherwise stipulated contractually. S. , STANDARD OF CARE. Services provided by TRS under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. TRS makes no warranty or guaranty, either express or implied. 6. INDEPENDENT CONSULTANT. TRS is and shall be at all times during the term of this Agreement an independent consultant and not an employee or agent of the Client. 7. COMPLIANCE WITH LAWS. TRS will endeavor to comply with Federal, State, and local laws and ordinances applicable to the services to be provided under this Agreement. & COLLECTION COSTS. In the event legal action is necessary to enforce the payment provisions of this Agreement if Client fails to make payment within sixty (60) days of the invoice date. TRS shall be entitled to collect from the Client any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by TRS in connection therewith and, in addition, the reasonable value of IRS's time and expenses spent in connection with such collection action, computed at IRS's prevailing fee schedule and expense policies. 9. OWNERSHIP OF DOCUMENTS. Drawings, specifications, reports, programs, manuals, or other documents, including all documents on electronic media, prepared under this Agreement are instruments of service and are, and shall remain, the property of TRS. TRS will retain all common law, statutory, and other reserved rights, including the copyright thereto. TRS shall not be held liable for reuse of documents or modifications thereof by the Client or its representatives for any purpose other than the original intent of this Agreement, without written authorization of and'appropriate compensation to TRS 10. SITE VISITWOBSERVATION. If included in the Scope of Work, TRS shall visit the project and/or construction site at appropriate intervals to become generally familiar with the progress, quality of work (contractors' work), and to determine if the work is proceeding in general accordance with the Contract Documents. Visits to the project site and observations made by TRS as part of services during construction under Agreement shall not make TRS responsible for, nor relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not make TRS responsible for, nor relieve the construction contractor(s) of the full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. 1L EQUAL OPPORTUNITY EMPLOYMENT. TRS will comply with federal regulations pertaining to Equal Opportunity Employment. TRS is in compliance with applicable local, state, and federal regulations concerning minority hiring. It is TRS's policy to ensure that applicants and employees are treated equally without regard to race, creed, sex, age, color, religion, veteran status, ancestry, citizenship status, national origin, marital status, sexual orientation, or disability. TRS expressly assures all employees, applicants for employment, and the community of its continuous commitment to equal opportunity and fair employment practices. TRS's equal opportunity employment policy applies to all phases of employment, including recruiting, hiring, job assignment, supervision, training; upgrading, transfer, compensation, benefits, promotion, education, recreation, layoff and termination. 12. INSURANCE. TRS will maintain the following levels of insurance during the term of this Agreement. a. Worker's Compensation (and Employees Liability Insurance) — as required by applicable state statute. b. Commercial General Liability — $1,000,000 per occurrence for bodily injury, including death and property damage, and $2,000,000 in the aggregate. C. Professional Liability (E&O) and Professional Pollution Liability and Contractors' Pollution Liability —. 13_ . INDEMNIFICATION/HOLD HARMLESS. To the fullest extent permitted by law, TRS shall indemnify and hold harmless Client, Client's officers, directors, partner;, employees and agents from and against any and all claims for bodily injury and for damage to tangible property caused solely by the negligent acts or omissions of TRS or TRS' officers, directors, partners, employees, agents and TRS consultants in the performance and furnishing of TRS services under this Agreement. Any indemnification shall be limited to the terms and amounts of coverage of TRS insurance policy. To the fullest extent permitted by law, Client shall indemnify and hold harmless TRS, TRS officers, directors, partners, employees, and agents and TRS consultants from and against any and all claims for bodily injury and for damage to tangible property caused solely by the negligent acts or omissions of Client or Client's officers, directors, partners, employees, agents. and Client's consultants with respect to this Agreement on this Project. fn addition to the indemnity provided under this section, and to the fullest extent permitted by law, Client shall indemnify and hold harmless TRS and its officers, directors, partners, employees, and agents and consultants from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of, or relating to the presence, discharge, release, or escape of asbestos, PCBs, petroleum, hazardous waste, or radioactive material at, on, under or from the Project site. TRS RANGE SERVICES, LLC 228 E. Plaza St Ste B211 Eagle, Idaho 83616.208-938-2891 •208-938-2892 fax 1739 Maybank Hwy, Ste B Box 326 Charleston, South Carolina 29412 •843-795-3860.843-795-2144 fax TRS RANGE SERVICES Ce tMed 8(a) Small Business 14. LIMITATION OF LIABILITY. In recognition of the relativerisksand benefits of the project to both the Client and TRS, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of TRS and its subconsultants to the Client and to all construction contractors and subcontractor, on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of TRS and its subconsultants to all those named shall not exceed $50,000 or the amount of TRS's total fee paid by the Client for services under this Agreement, whichever is the less. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. 15. DISPUTES. Mediation is an express condition precedent to the filing of any legal action. Unless the parties agree otherwise, the mediation shall be conducted pursuant to the Construction Mediation Rules of the American Arbitration Association. 16. ATTORNEY FEES. Should there be any suit or action instituted to enforce any right granted in this contract, the substantially prevailing party shall be entitled to recover its costs, disbursements and reasonable attorney fees from the other party. The party who is awarded a net recovery against the other shall be deemed the substantially prevailing party unless such other party has previously made a bona fide offer of payment in settlement and the amount of recovery is the same or less than the amount offered in settlement. Reasonable attorney fees may be recovered regardless of the forum in which the dispute is heard, including an appeal. 17. FORCE MAJEURE. The Consultant shall not be responsible for delays caused by the Client's failure to furnish necessary information or to approve or disapprove the Consultant's work promptly as requested or for delays resulting from late, slow, or faulty performance by the Client, other contractors or consultants of the Client, or government agencies whose performance of work is precedent to or concurrent with the performance of the Consultant's work. The Consultant shall also not be responsible for any delays in the performance of the work by reasons of strikes, lockouts, accidents, acts of God, or other causes beyond the Consultant's reasonable control. 18. WARRANTY. Consultant warrants that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional organization rendering the same or similar services. It is further expressly provided that Consultant does not warrant against and shall have no liability for the effects of corrosion, erosion, or wear and tear of equipment and materials or failure of equipment and materials due to faulty operations by Client or conditions of service more severe than specified in the design of the equipment and materials. Except as hereinafter provided in respect of personal injury or property damage, the foregoing are Consultant's entire responsibilities and Client's exclusive remedies for services rendered or to be rendered hereunder, and no other warranties, guarantees, liabilities or obligations are to be implied Consultant shall use its best efforts to negotiate on Client's behalf express guarantees, warranties and patent indemnity undertakings, to the extent available from vendors and manufacturers, and Consultant's sole responsibility with respect to equipment and materials procured or famished by Consultant is expressly limited to assisting Client at Client's written request and expense, in enforcing such express guarantees, warranties and undertakings. I have read and fully understand and agree to the standard terms provided. The proposal dated is incorporated into this agreement. Initials fi%dw de "Alf Name/T' r�C7 Date TRS RANGE SERVICES, LLC 228 E. Plaza St Ste 8211 Eagle, Idaho 83616.208-938-2891 •208-938-2892 fax 1739 Maybank Hwy, Ste B Box 326 Charleston, South Carolina 29412.843-795-3860.843-795-2144 fax City of Meridian Purchasing Dept. Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Jeff Lavey, Date: 8/7/08 Re: August 12 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 12 City Council Consent Agenda for Council's consideration. Approval of TRS Range Services- Contract Addendum for Revisions of Preliminary Indoor Range Design in the amount of $3,000.00. Recommended Council Action: Approval of TRS Range Services -Contract Addendum in the amount of $3,000.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • TRS RANGE SERV/CES Certified 8(a) Small Business AUGUST 5, 2008 Jeff Lavey Chief of Police Meridian Police Department 1401 E. Watertower Meridian, ID 83642 RE: Contract Addendum for Revisions of Preliminary Indoor Range Design Dear Chief Lavey; Per your request, TRS Range Services will provide revisions to the original designs for and indoor range dated February 2008. The following revisions will be incorporated into the site design and cost estimate for the indoor range facility. Revised Site Design The following revisions will be completed for the existing site design: • Removal of the 50 Yard rifle range from the design. • Redesign the 25 yard pistol range as a non -fully enclosed type range and remove the air handling system from the design. • Adjustment of classroom and office facilities to available building space. • Revised cost estimate for construction of the range. Deliverables TRS will provide the Meridian Police department with a set of revised drawings and a revised cost estimate for the indoor range. Cost TRS will provide the labor, material and equipment for the scope of work summarized above for a fixed price of $3,000.00. The costs are based on award of the project within 30 days of the proposal date. Payment is required within 20 days of the invoice date. Attached is a copy of TRS standard terms and Conditions that are incorporated into this proposal. If the conditions are acceptable, please forward the Project Authorization or City Purchase Order to: Noreen Powers TRS Range Services 1739 Maybank Hwy, Ste B Box 326 Charleston, SC 29412 Or fax to: 843.795.2144 If you have any questions, please contact me at 843-795-3860. Your contact for the design work is Brandt Elwell at 208-949-4244. Sincerely, Noreen Powers TRS RANGE SERVICES TRS RANGE SERVICES, LLC 228 E. Plaza St Ste 8211 Eagle, Idaho 83616. 208-938-2891 • 208-938-2892 fax 1739 Maybank Hwy, Ste B Box 326 Charleston, South Carolina 29412 •843-795-3860 • 843-795-2144 fax 0 • Certified 8(a) Small Business TRS RANGE SERVICES TRS RANGE SERVICES, LLC (TRS) STANDARD CONDITIONS 1. SERVICES. TRS shall provide professional services in accordance with the agreed upon scope of work. 2. EXECUTION. This Agreement becomes effective upon signatures by authorized representatives of the Client and TRS and upon receipt by TRS of a signed original or facsimile transmittal. If facsimile transmittal is initially sent to TRS, Client will provide TRS with a signed original for record as soon as practicable. 3. INITIATION. TRS is authorized to proceed with services upon receipt of an executed Agreement or written Notice to Proceed. 4. COMPLETION/I'ERMINATION. This Agreement shall remain in force until completion and acceptance of the services or until terminated. The Client and/or TRS may terminate this contract upon 10 days written notice. In the event of such termination, TRS will be paid the portion of the compensation (and fixed fee, if applicable) for services performed in accordance with the scope of services under the terms of this Agreement to the date of termination together with all costs arising out of such termination. Continuing Service Agreements shall be reviewed annually for rates and shall remain in force until terminated in writing by either party, or otherwise stipulated contractually. 5. STANDARD OF CARE. Services provided by TRS under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. TRS makes no warranty or guaranty, either express or implied. 6. INDEPENDENT CONSULTANT. TRS is and shall be at all times during the term of this Agreement an independent consultant and not an employee or agent of the Client. 7. COMPLIANCE WITH LAWS. TRS will endeavor to comply with Federal, State, and local laws and ordinances applicable to the services to be provided under this Agreement. S. COLLECTION COSTS. In the event legal action is necessary to enforce the payment provisions of this Agreement if Client fails to make payment within sixty (60) days of the invoice date, TRS shall be entitled to collect from the Client any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by TRS in connection therewith and, in addition, the reasonable value of TRS's time and expenses spent in connection with such collection action, computed at TRS's prevailing fee schedule and expense policies. 9. OWNERSHIP OF DOCUMENTS. Drawings, specifications, reports, programs, manuals, or other documents, including all documents on electronic media, prepared under this Agreement are instruments of service and are, and shall remain, the property of TRS. TRS will retain all common law, statutory, and other reserved rights, including the copyright thereto. TRS shall not be held liable for reuse of documents or modifications thereof by the Client or its representatives for any purpose other than the original intent of this Agreement, without written authorization of and appropriate compensation to TRS 10. SITE VISITSIOBSERVATION. If included in the Scope of Work, TRS shall visit the project and/or construction site at appropriate intervals to become generally familiar with the progress, quality of work (contractors' work), and to determine if the work is proceeding in general accordance with the Contract Documents. Visits to the project site and observations made by TRS as part of services during construction under Agreement shall not make TRS responsible for, nor relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not make TRS responsible for, nor relieve the construction contractor(s) of the full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. 11. EQUAL OPPORTUNITY EMPLOYMENT. TRS will comply with federal regulations pertaining to Equal Opportunity Employment. TRS is in compliance with applicable local, state, and federal regulations concerning minority hiring. It is TRS's policy to ensure that applicants and employees are treated equally without regard to race, creed, sex, age, color, religion, veteran status, ancestry, citizenship status, national origin, marital status, sexual orientation, or disability. TRS expressly assures all employees, applicants for employment, and the community of its continuous commitment to equal opportunity and fair employment practices. TRS's equal opportunity employment policy applies to all phases of employment, including recruiting, hiring, job assignment, supervision, training, upgrading, transfer, compensation, benefits, promotion, education, recreation, layoff and termination. 12. INSURANCE. TRS will maintain the following levels of insurance during the term of this Agreement. a, Worker's Compensation (and Employer's Liability Insurance) — as required by applicable state statute. b. Commercial General Liability — $1,000,000 per occurrence for bodily injury, including death and property damage, and $2,000;000 in the aggregate. C. Professional Liability (E&O) and Professional Pollution Liability and Contractors' Pollution Liability —. 13. INDEMNIFICATION/HOLD HARMLESS. To the fullest extent permitted by law, TRS shall indemnify and hold harmless Client, Client's officers, directors, partners, employees and agents from and against any and all claims for bodily injury and for damage to tangible property caused solely by the negligent acts or omissions of TRS or TRS' officers, directors, partners, employees, agents and TRS consultants in the performance and furnishing of TRS services under this Agreement. Any indemnification shall be limited to the terms and amounts of coverage of TRS insurance policy. To the fullest extent permitted by law, Client shall indemnify and hold harmless TRS, TRS officers, directors, partners, employees, and agents and TRS consultants from and against any and all claims for bodily injury and for damage to tangible property caused solely by the negligent acts or omissions of Client or Client's officers, directors, partners, employees, agents, and Client's consultants with respect to this Agreement on this Project. In addition to the indemnity provided under this section, and to the fullest extent permitted by law, Client shall indemnify and hold harmless TRS and its officers, directors, partners, employees, and agents and consultants from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of, or relating to the presence, discharge, release, or escape of asbestos, PCBs, petroleum, hazardous waste, or radioactive material at, on, under or from the Project site. TRS RANGE SERVICES, LLC 228 E. Plaza St Ste 8211 Eagle, Idaho 83616. 208-938-2891 • 208-938-2892 fax 1739 Maybank Hwy, Ste B Box 326 Charleston, South Carolina 29412 •843-795-3860 • 843-795-2144 fax 0 TRS RANGE SERV/CES Certified 8(a) Small Business 14. LIMITATION OF LIABELITY. In recognition of the relative risks and benefits of the project to both the Client and TRS, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of TRS and its subconsultants to the Client and to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of TRS and its subconsultants to all those named shall not exceed $50,000 or the amount of TRS's total fee paid by the Client for services under this Agreement, whichever is the less. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. 15. DISPUTES. Mediation is an express condition precedent to the filing of any legal action. Unless the parties agree otherwise, the mediation shall be conducted pursuant to the Construction Mediation Rules of the American Arbitration Association. 16. ATTORNEY FEES. Should there be any suit or action instituted to enforce any right granted in this contract, the substantially prevailing party shall be entitled to recover its costs, disbursements and reasonable attorney fees from the other party. The party who is awarded a net recovery against the other shall be deemed the substantially prevailing party unless such other party has previously made a bona fide offer of payment in settlement and the amount of recovery is the same or less than the amount offered in settlement. Reasonable attorney fees may be recovered regardless of the forum in which the dispute is heard, including an appeal. 17. FORCE MAJEURE. The Consultant shall not be responsible for delays caused by the Client's failure to furnish necessary information or to approve or disapprove the Consultant's work promptly as requested or for delays resulting from late, slow, or faulty performance by the Client, other contractors or consultants of the Client, or government agencies whose performance of work is precedent to or concurrent with the performance of the Consultant's work. The Consultant shall also not be responsible for any delays in the performance of the work by reasons of strikes, lockouts, accidents, acts of God, or other causes beyond the Consultant's reasonable control. 18. WARRANTY. Consultant warrants that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional organization rendering the same or similar services. It is further expressly provided that Consultant does not warrant against and shall have no liability for the effects of corrosion, erosion, or wear and tear of equipment and materials or failure of equipment and materials due to faulty operations by Client or conditions of service more severe than specified in the design of the equipment and materials. Except as hereinafter provided in respect of personal injury or property damage, the foregoing are Consultant's entire responsibilities and Client's exclusive remedies for services rendered or to be rendered hereunder, and no other warranties, guarantees, liabilities or obligations are to be implied. Consultant shall use its best efforts to negotiate on Client's behalf express guarantees, warranties and patent indemnity undertakings, to the extent available from vendors and manufacturers, and Consultant's sole responsibility with respect to equipment and materials procured or furnished by Consultant is expressly limited to assisting Client at Client's written request and expense, in enforcing such express guarantees, warranties and undertakings. I have read and fully understand and agree to the standard terms provided. The proposal dated is incorporated into this agreement. Ini 0- s do , J C! / Name/T't �(/ �y Date TRS RANGE SERVICES, LLC 228 E. Plaza St Ste B211 Eagle, Idaho 83616. 208-938-2891 • 208-938-2892 fax 1739 Maybank Hwy, Ste B Box 326 Charleston, South Carolina 29412 •843-795-3860 •843-795-2144 fax August 8, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT Sanitary Service Department ITEM NO. 7-A-1 REQUEST Update about Annual CPI Rate Adjustment 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS �Cr SLpw4jLA---� 9, zoo E J Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Sanitary Services Co. MEMORANDUM TO:. Mayor Tammy, de Weerd Members of the Meridian City Council: Mr. Joe Borton, President Mr. Charlie Rountree, Vice President Mr. Keith Bird. Mr. David Zaremba FROM: Steve Sedlacek, General Manager, Sanitary. Services, Inc. DATE: August 12, 2008 SUBJECT: , Annual 'Rate Adjustment for Solid Waste Collection Services Introduction. . Solid waste collection rates are adjustedannually,in accordance with Section 21' of our contract with the 'City of Meridian with. .an effective date -of October 1. Typically this involves adjusting rates based- upon the change in the Consumer Price Index (CPI). This year, landfill tipping fees at the Ada County Hidden Hollow'Landfill are also expected top increase effective October 1. This, memorandum .presents the solid waste collection rate adjustment based upon the change to the CPI and the increased landfill tipping fees: Landfill Fee Changes -Effective October 1, 2008 it is assumed that the Ada. County Commissioners will raise disposal fees at the Hidden Hollow Landfill. Since the Commissioners have not released", the new rate structure at the time of this memorandum we have assumed that the rate increase will be 50% in all waste categories with a slight reduction in the wood waste rate. Table 1 indicates the current and the assumed future .(October 1) rate structure -for all waste entering the Ada County Hidden Hollow Landfill. P,*P.O. Box 626, Meridian, ID 83680 Phone 2681888-399.9 Fax 208/888-5052 �� Printed on Recycled Paper Table 1'. , _Ada County Landfifl Rates _ Rate Change'Effective October 1, 2008 t 'Current Rates -. Assumed Future Rates "% Increase Wood Waste:' ' - : ; .$,2.50" per cubic yard $ 2,00 Per cubic yard -20% Noncompact6d ,loose '$.5.60 0 per cubic yard $ ' 7.50 Per cubicyard 50/o Construction/Demolition ; $' 10.00,' per cubic yard $ 15.00 .Per cubic yard ` _ 50% Compacted $ 10.00 per cubic yard `, 1$.15:00' Per cubic.yard ' 50% Tires $ -3.00. - Each o $ -4.50 - . Each 50% Refrigeration Units: $20.00 Each $,30.00 Each' 50% Asbestos $40:00 per.cubic yard :, $ 60.00 Per cubic yard .. 50% All residential and.commercial,waste from Meridian'is categorized ;as'compacted'waste. In FY' 2007_ Sanitary: Services, will .pay approximately. $1.8, million in disposal fees,'to Ada . :County. t Our contract with ;the City of- Meridian allows. us to pass through to the consumer the _;effects 'of landfill rate increases that we, have no* control. over. ` Also; these- costs are specifically eliminated from any. annual CPLrate increases'since they are controlled by Ada .County. ; To modify our rates accurately we determined 'the proportion of each rate that is. disposal; Current. analysis . indicates that .resideritial .rates are22.8% 'disposal and -commercial, rates are 28:1%.disposal. 'Construction waste_collection invoices disposal' . separately so 'no analysis is' required for, that waste stream. Therefore, for •a. residential customer that is: paying $1:2.70per month, the amount attributable to.disposal is $2.90 perrnonth'($12.70>" ,0:228 $2.90):, With the disposal of this-type of waste, increasing , 50%•the new. disposal rate per-house per month increases by $.1.45'fr6m$2.90 to $4.34: This incremental' increase* ($1.45) has to be adjusted further ,to account for, the City of Meridian's :6%o franchise fee, adding. 'an additional $0.09 to each residential monthly bill. Therefore, 'the increase in residential rates due to landfill' fee increases is $1.54., We' have completed similar calculations for.commercial:iates as well: , CPI Adjustment Methodology Our contract requires •that our costs be' adjusted annually :based- .upon the "net percentage of change in the 'Con"sumer•-Price Index for the- Pacific Northwest." (The _CPI is. no longer' published' ;for the' Pacific Northwest so :we -have used the CPI for- the Western Region of the United States.) Further, we reduce; the calculated:change.'in_the CPI by ten percent to account•for aspects of the CPI that do not_ apply to,our business... Attached to• this memorandum is. -the .CPI printout from the. U.S. Bureau of Labor Statistics. -The CPI, o ..June one year ago was 212.6�8'•and,this year it is 104. The net' percentage�change between the two values is 4.87%. Then. reducing this nurmber•by 10 percent yields. a CiRl adjustmentlof 4:38% .that is: applied to our costs: Using similar calculations as above the current residential rate of $.12.70'is� 262:8% landfill fee and, 6%_franchise fee: This�,eaves,77•.2%o,,or $9.80.to be adjusted'by the-CPI. 'The ,CPI Increase.is therefore $0.43 ($9;80,* 0..0438 ...This, incremental', increase ($.43) has to be..adiusted .further f6 account for the -City of Meridian's :6%o franchiseJee, adding an additional $0:03 ,to-each residential monthly bill.-Therefore, the increase in residential . rates due to the annual •CPI•adiustmenf is $A& We-:have completed similar calculations . , for commercial rates as,'Well: -Results of RateChange' The current and proposed rates are presented 'in'ta'bular,form in'an attachment to this- - memorandum . The residential' rate will increase •by $2,:00 pef month for unlimited weekly- service wiih:curt%side recycling. _ The percentage of change by various. categories of rates -is shown • in Table 2 . The -_ percentages vary_with'the:different types of systems,that we;operate because each has a different oprcentage,that is disposal.. ; _ Table'2 Percentage of Rate'Change by System 1 Bureau of Labor Statistics Data Page 1 of 1 N" U.S. Department of Labor www.bis.gov Search: JAII BLS.gov IP for. seald -a Newsroom I Tutorials I Release Calendar Bureau of Labor Statistics Home Subject Areas Databases & Tables Publications Economic Releases A - 2 Index I About ELS Databases, Tables & Calculators by Subject FONT SIZE:IJ OO Change Output Options: From:199E Y5 To: 2008'1=' Cl include graphs NEW! More Formatting Optionsy Data extracted on: August 12, 2008 (1:56:48 PM) Consumer Price Index - All Urban Consumers Series Id: CUUR0400SAO,CUUSO400SAO Not Seasonally Adjusted Area: West urban Item: All items Base Period: 1982-84=100 Year an 1998 163.0 1999 166.4 2000 171.0 178.3 2182.4 2003 186.6 200418 .4 Feb Mar Apr 163.2 163.3 163.6 166.9 167.3 169.0 172.0 173.5 173.7 179.3 180.1 180.4 183.2 184.0 185.1 188.1 189.3 188.8 190.8192.2 192.3 j May 164.3 168.7 174 �_ .0 1181.3 184.8 188.5 193.4193.3 Jun Jul 164.2 164.3 168.3 1168.9 174.3 1175.2 182.0 182.0 184.5 184.7 1188.1 188.4 192.9 Aug -II Sep 164.8 X165.1 169.5 1170.0 175.9 1176.6 189 182.5 185.3 185.7 189.2 1189.6 193.0 193.8_ _Oct Nov Dec Annual 165.5 165.8 165.8 164.4 170.4 170.4 170.5168.9 177.2 177.2 177.1 174.8 182.5 182.3181.6 181.2 185.8 185.8 185.5 1184.7 189.4 188.5 188.3 1188.6 195.0 195.1 1194.2 193.0_191.9 HALF1 HALF2 163.6 165.2 167.8 170.0 #173.1176.52001 2.1 5.5_ 188.2 188.9_ 2094.5 195.7 1197.1 198.6 ---11 198.6_199.6 201.7 1202.6 200.0 198.9 194.0_ 197.1 1200.7 2006 201.7 202.7 203.8 205.3 206.9 206.4 1206.7 207.5 1207.8 1201.4 207.1 206.3 206.2 '205.7 204.5 X206.9 2007:207.790 208.995 210.778 212.03.063 216.339 218.533 219.437T221.005 212.680:212.542 223.040 11 212.4061212.9201213.917214.904 214.7_331212.230 _ 1219.016T _ 210.890 213.570 20081215.739 Quick Links Tools Calculators Help Info 0 At a Glance Tables 0 Inflation 0 Help & Tutorials 0 What's New 0 Economic News Releases 0 Location Quotient 0 A to Z Index 0 Careers @ BLS 0 Databases & Tables 0 Injury And Illness 0 FAQs 0 Find It! DOL 0 maps p 0 Glossary O Join our Mailing Lists 0 About BLS 0 Privacy & Security 0 Contact Us 0 Linking & Copyright Information Frequently Asked Questions I Freedom of Information Act I Customer Survey bls.gov U.S. Bureau of Labor Statistics 2 Massachusetts Avenue, NE Washington, DC 20212-0001 www.bis.gov I Telephone: (202) 691-5200 1 Do you have a Data question? http://data.bls.govlPDQlservletISurveyOutputServlet?data tool=dropmap&series_id=CLU... 8/12/2008 ' Pr6 Solid-Wastel d d1lection Rate Chanes ` Proposed: Rates Effective 10/1/08 Sanitary Service Inc: ` Current Rate Proposed Rate Structure Structure Residential $` 12:70 14'.70 Toter Carts 2.75. _ $ 2:87 ' Habitual Late Can Fee $ -5.00 $ Commercial Cans (Current) • = = 1/wk 2/wk 3/wk _ 1 -, 3 cans .. ' $ ' ` 21.46 °'$ . - 42.92'64:37 4 = 6 cans. $ . ; ` 42.92 $ _ . 85.83' $ .128.75 7- 9,cans ' I $ . 64:38 $ 128.76 • $ 'i %3.11 Commercial Cans (Proposed) 1Ywk 27uvk 3/wk - 1 - 3 cans $ 23:64 ' :$ 47.29 $ 70:92 ' A'= 6 cans $ 47:29 $' 94,56$ -,, 141.85. _ T1 9 cans' $ " , 70:93 $"• 141.86 $ 212.76 Commercial Containers (Current) _ 2lwk 3/wk 4x/wk t 5/wk 6/wk A. 1/2 Yd $ . • 79.93 - $ 113.97. $F" . 147.41 $ •' 197.76 `83.,76 $ 247.99 , $ 298.23 3 -Yd $ $ 135.67 • $ 187:66 $ ` 247.25 '' 325:02 $ ` 393.73 6 Yd. 1;30.68 • $ 211.13.' $ a . 291.49- $ 388:67 _$ • $ 485.89' $ 583:07 =. 18 Yd $ . 155:14 $: 241.40: $ 321.78 ': $ '.416.21 . $ . 516.83 $ 6,12.951 '.CommercialContamers'(Proposed) 1/wk 2/wk 3/wk 4x/wk 5hnrk.6/wk 1,1/2 Yd _ . `•3 $ 95.70. $_136,45: $ - 176.49' $ 236.77 $' ,296.91 ' $'' 357 07. Yd fi Yd` " $ ` 100.28.'.$. 162,44: $ • '•, 224.68; $, 296:03' . $ 389.14 _,$,. 471.41 -' " $ . 1:56.46 - $ 252,78 - $ " = = 349.00' $ 46535 ,$ 581175 $ 698.1.0 8 Yd $ 185.75. $ 289.02, $ 385.26 •$ • -'. " 498:32 _ :$ 618:79:. $ 733.87, Commercial•Con!i actors Current Proposed " 2 Yd -.$43.30 $ 53.87 3 Yd ' $ 59.28 $' 70.55 • 4 Yd $ 75:59 $, 87:58 5 Yd $ 9.1 94 .' `$ 1.04Z4 6 Yd $ 107:78.' $ 211'A 8 . 8 Yd $ 144.95 $ 159:97 TemporaryC•ontamer Service' Current. Proposed - .', Delivery , .$ 1970' Dail - 3 Yd y. Rental 75. .$ 0.78 ' Monthly Rental =. 3 Yd $ 19,70: $ 21.00' ' Extra -Dump 3 Yd $ s 25.96 $ 32.25 - - Extra Dump 6 Yd $ , 40.79. $ -42.58 _ - Extra Dump 8'Yd'.. $ 52.51 ` $ 54.81 ' `.Miscellaneous Collection Services Tires . $4.00 • $- - - 6.00'. Refrigerators $ '' 46.05 .$ 47 70 , Overflow. Cleanup $13.00, for 5 min $13.60 for 5 min : • Roll,ff .••' ` '' - -' -� ;' ,O Services (Current)' r $49.00 per haul:+ disposal + franchise fees-,(6'-10. CY-containers) : ; , $109.65. per haul + disposal + franchise fees (20 - 40 CY container`s, Weekdays) . -$166.20' ,per'haul + disposal + franchise fees (20 :40 CY containers„ Weekends) $135.60 :per Haul,+: disposal + franchise. fees (asbestos - Ada'County) $215.75parhaul + disposal + franchise1pes (asbestos -'Idaho Waste Systems) $84.65 per hour-Extra seniices : ' - Roll Off Services (Proposed) $51.15- per haul.+ disposal +:franchise fees (6 - 10. CY containers) $114.45 per haul°+ disposal +franchise fees (26 - 40 CY containers; Weekdays) .. $173.48; per haul +disposa) + franchise fees (20 - 40 CY, containers,.Weekends) $141.54 per haul + disposal +franchise, fees (asbestos -Ada County) $225.20'. per haul'+ disposal + franchise fees (asbestos Idaho Waste .- Systems) $88.36 : per hour _ Extra services ' Landfill Rates with Franchise Fees` (Current) Construction,' Compacted, -,Size:.Loose Solid Waste.. " Demolition waste Wood Waste , -63.60' $ 15.90 8 Yd $ 42.40 "$'_8480 $ '21.2b:' A0,Yd $ 53.00' $ 106.Qd $ . 26.50' . 20 Yd. - $ 106.00 ' • $ 21,2:00' $ 212.0p,. $ 53.00 30, Yt1'' . $ 159.0 $ 318:0.0 . $ 318.00 $ 79:50; 40 Yd .. _ . _ $, 1 . `• ' •212.00 ' $ • 424:00' $ 424;00. $ 106.00 Landfill Rates with Franchise Fees" (Proposed) - s .Size Construction Compacted ' ^ Loose Solid Waste .'- Demolition • waste Wood-Waste.--, 6 Yd . $, 47,'.7Q 1$ 95.40 $ `12.72 8 Yd $ 63.60 ` $ 12720 $ 1 .. 16.96 "10 Yd' . $ :79 50 $ 159:00 .. 20 Yd Yd r $.. 159.00 $ 31.8:00 r $ ;. 318.00­$'. '. 42.40 46 Yd $ 238-%.$ . ' 47700. $ " 4;77,00 $ 63.60.: $ : -3.18,00 $ . 636.00' $ :. ' 636:00 `$ 84.80 - . Volunta'ryCommercial Cardboard Collection (Current) - 3 CY containers 1 zhmeek- 2 x/week' -3 x/week 1 container $ 39.00 . $' 70.00 ' $ 100 00 2 containers . $ 70:00 ;$ „ ;100.00 $> 130 00 ., Voluntary Comme !Val Cardboard Collection (Proposedj'- 5 CY containers 1 container 1 x/week 2 xlweek 3 xtweek $ 40 71 . $ 73.'07'104 38 2 containers$ 73 0T $ ' 104 38 $ 135.69- _ ` August 8, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT Police Deportment / Fire Department ITEM NO. 7-B-1 REQUEST Discussion of Command Trailer / Radios 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 1 � j - 1 I+ � : t r ° ,r 'c'-3 pyo q .' • r 4�� � 1 �y(�� � �t4� }ri � I � - r.i ' .. 4�' •y; ref Y'/1d§} :� 1 ' � i � ��� r.� : 61 ��' / �". r. 1 r ,�i�� S��t�l' ,.•i �v 1,�p` � � � (f(P: �� r ..�.� � I��i� �-�� ��c : P • • Meridian Fire & Rescue, ID 8/7/2008 One (1) Stock 100' Rear Mount Platform 20161 GG The unit would be ready for delivery from the factory within 30 to 60 days after contract execution. Proposal Price $ 892,605.00 Less payment upon completion @ factory discount (10,689.00) Subtotal including all pre -pay discountsi 881,916.00 Less customer drive -out discount (5,250.00Y If this option is elected payment in full and proof of insurance must be provided prior to leaving the factory and the customer is responsible for compliance with all state, local and federal DOT requirements including the driver possessing a valid CDL license. Less performance bond (3,145.00) FOB factory if all discounts are taken 873,521.00 a 6,.-7 August 8, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT Parks Department ITEM NO. 7-C-1 REQUEST Request to Charge Fees for GIFT Fundraiser 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. • 0 August 8, 2008 FP 08-013 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT Paramount Development, Inc. ITEM NO. 09 REQUEST Request for Final Plat approval of 1 building lot and 2 common lots on 4.96 acres in an L -O zone for Paramount Church Subdivision -- west of North Meridian Road and north of West McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: A P CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PARAMOUNT DEVELOPMENT, INC., FOR FINAL PLAT APPROVAL OF 1 BUILDING LOT AND 2 COMMON LOTS ON 4.96 ACRES IN AN L -O ZONING DISTRICT FOR PARAMOUNT CHURCH SUBDIVISION LOCATED WEST OF N. MERIDIAN ROAD AND NORTH OF W. MCMILLAN ROAD IN THE SE 1/a OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST C/C August 12, 2008 CASE NO. FP -08-013 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on August 12, 2008, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 12, 2008, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PARAMOUNT CHURCH SUBDIVISION LOCATED IN THE NE/40F THE SE '/ OF SECTION 25, T4N, R 1 W ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT CHURCH SUBDIVISION / (FP -08-013) Page 1 of 4 BOISE MERIDIAN, ADA COUNTY, IDAHO 2008, HANDWRITTEN DATE: 6/16/2008, SHEET 1 OF 3, JAMES R. WASHBURN", Paramount Development, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 12, 2008, listing 9 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 8 pages, and by this reference incorporated herein, and the response letter from Brighton Corporation, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their August 12, 2008 meeting as follows, to -wit: 1.1 Adopt the action of the City Council taken at their August 12, 2008 meeting, and specifically pertaining to the Staff Report, under General Requirements, number 3, such that it now reads as follows: GENERAL REQUIREMENTS 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted €eyeing; landseaping, amenities, -- e ed inigation,sanitary sewer, water, etc., prior to signature on the final plat. All on-site improvements, including perimeter fencing, landscaping, amenities and on-site ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT CHURCH SUBDIVISION / (FP -08-013) Page 2 of 4 • 0 pressure irrigation shall be addressed through the Certificate of Zoning Compliance process. 1.2 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and that plans be submitted to the Central District Health Department for a plan review of any food or beverage establishment. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. 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. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT CHURCH SUBDIVISION / (FP -08-013) Page 3 of 4 • 0 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 this decision 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 Aaqat+ 12008. By:: /1 .1 - c� �, Tammy de eerd OF R/p� "" Mayor, My A of Meridian Attest: SEAL Jaycee lman, City Clerk Copy served upon Applicant ,'�j}��rg ��p'artment, Attorney. i,r►,n,i WriW00 Public Works Department, and City By' 4 _ Dated: q 'a - 0 '1 - ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT CHURCH SUBDIVISION / (FP -08-013) Page 4 of 4 CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPAANTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Meeting Date: August 12, 2008 Mayor and City Council O'" Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 Paramount Church Subdivision SS IDAHO Request for Final Plat Approval of Paramount Church Subdivision Consisting of 1 Building Lot and 2 Common Lots on 4.96 Acres in an L-0 Zoning District, by Paramount Development, Inc. (File# FP -08-013). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Paramount Development, Inc., has applied for final plat approval of 1 building lot and 2 common lots on 4.96 acres of land for Paramount Church Subdivision. The zoning district for the proposed subdivision is L-0 (Limited Office District). Paramount Church Subdivision is located on the northwest corner of W. McMillan Road and N. Meridian Road in NE `/< of the SE '/< of, T. 4N., R. 1W., Section 25. The subject property, preliminary platted as Lot 2, Block 40, of Paramount Subdivision, was designated as the Village Center Office /Retail portion of the concept plan submitted in 2003. The City Council approved the preliminary plat for Paramount Subdivision on May 20, 2003. The submitted final plat substantially complies with the approved preliminary plat. However, there is an associated Development Agreement Modification (MDA -08-001) that addresses the future use on this site for a church, not Office/Retail. Staff recommends approval of Paramount Church Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved development agreement (instrument # 103137116), annexation (AZ -03-006), preliminary plat (PP -03-004), and conditional use permit (CUP -03-008) applications for this subdivision. An application to amend the development agreement (MDA -08- 001) to include the church as a specific use in the L-0 zone is being submitted concurrently with this application. Any terms of that amendment, if approved by City Council, shall also apply. 2. If the City Engineer's signature has not been obtained within 18 -months from the signature of Paramount Subdivision No. 16 (7/25/2008), the Final Plat approval for this subject phase shall expire 1/25/2010. FP -08-013 Paramount Church Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLAYING AND PUBLIC WORKS DEPARIONTS STAFF REPORT Revise or add the following note(s) on the face of the plat prepared by Engineering NorthWest, LLC, stamped on 6/16/08 by James R. Washburn, prior to signature of the final plat by the City Engineer: *). Graphically depict on the face of the plat the required 25 -foot wide landscape buffer along N. Meridian Road. The landscape buffer shall be separate from the possible ACHD ten foot right-of-way (Lots 1 and 2, Block 1). 4. The landscape plan, prepared by The Land Group, Inc., and dated 05/27/08 is approved with the following changes: a. Revise project calculations to read, "M ""' Read Frontage-450ft Meridian Road Frontage 480 ft" b. Revise project calculations to read, "Trees Required 4-3 14" C. Submit a plan stamped and signed approved for construction. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 5. Prior to signature of the final plat by the City Engineer, the applicant shall submit a recorded document to the Planning Department stating the maintenance and ownership responsibilities for the management of the development. Including but not limited to structures, parking, common areas, private streets, and other development features. 6. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain construction debris shall be installed at the subdivision boundary where permanent fencing does not exist. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailbox(es). Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 8. All areas approved as stormwater detention facilities shall meet the standards of UDC 11-3B-11. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. FP -08-013 Paramount Church Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLAING AND PUBLIC WORKS DEPARANTS STA -FF REPORT 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers, 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. 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 will not be considered as replacement trees for those trees that have to be removed. 11. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 12. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 13. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation 14. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 15. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and FP -08-013 Paramount Church Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPARANTS STAFF REPORT approved prior to the issuance of a certification of occupancy for any structures within the prof ect. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Church Subdivision (FP -08-013) with the above stated comments and conditions. Exhibits 1. Site Plan 2. Landscape Plan FP -08-013 Paramount Church Subdivision FP.doc PAGE 4 CITY OF MERIDIAN PLAIPING AND PUBLIC WORKS DEPARANTS STAFF REPORT Exhibit I -PLAT SRO*kNq- 'SUBD M.916N .k CHURCH IN THE NE OF 'ZHI�S SECTION 25, TAN, RAW:; B.M. 'MEkfb IAN DAH 2008' oLLC Eaw�, lam s u a-0 two I tl ON �NTO: I's WI O V N PIAT T EO Vi WALLAN ROAD SCAM r -do 11 gun tl Im t.F 1 1 ovil Nt CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPARANTS STAFF REPORT PARAMOUNT CHURCH Simulvisim aWMG'M0F ifnCN/ ul•.YFJI`nY Iwa Pw. ItS': 7w ne tia s]W:4. 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CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPAR&NTS STAFF REPORT rmr11rrrnlrru "'Am umrrr ml- T,O HIT, 11i WIT-17RUIS All"I -4 Exhibit 2 PLkw SCHEDULE w LEGEND _ to LANDSCAPE 9 AnIGAnm NOTES: PRO&Q z � CALCULATIONS ! a �T w •u g VA ice �'-t ^Q.. ?JCS.. .J ',v��ILY19lRE�WFMLVQ„�, x �.L'�"^^• �” L1.00 0 RIG N j, .:'UT - O An= 12.2008 LRLEVIA.-D LE Mayor and oty Council. -Cftxof-Mqridiafi. Citylialh M&Win, TD 1364.1. Re: File No FP: ,8-01-3'Pmrqmqiinit Church Subdivision Dear- ayor &Weerd. and Council Mbnibm, 0 Ourresponse to the staff's recomritendedSite So6cille-Conditionsfor this project is as follows- 1)Thgrequirerhdnts-ohhe * Fammount annexation (AZ -03-006 ),P-01-004), .),-pfelinrdnacryplat (P and coqditiopalme pcn-nit(CUP-03-008),hoLvc,-bdellmet 'The terms -of the approvcd. developr6pni agremend(Inst.'K0. f031.31i'16) will be mecoy City Council approval of agenda itern'15rp thep pospddo-veloptaent.agr-iBemmtarhd'4dment(MDAOS-(�01). 2) Agree 3) The 25440, wide kkndscape.buff6r Will be dopicted on the face of the plat. 4) the landscape Plans byThe Land Group'w%Jli be revised per the comments listed in item 4 of the sl&-- rep port. .5-9) Agree. 'General Requirements ts The developer agr6es with Lhf.u" is contaiiiedin the staff, re genera1 ," requirements port, with one exception. inasmuch as all offTsifelmprovemcnts have been completed and sanitary sewer, water, and pressure irn'Sq n have been stubbed to :the pamel,'we , reqtipst thatQcn,' tral Requirement 3 be, modified to read !Geffz-rdi Rquirens eAt 3 - A letter of credit or cash surety in the, amount of 110% shaft be. required for aill'uncompletedfen ...— pressu sanitary 151 01, 6 , I - y s&*er,,Waterj ate., prior.tp signature on,thefinalplait. All I -site im- - - v-e-ments. includink perimeter,fencink, 16ndiddl2im.amenitim; and.on-site. p emssu re inri.eatidn-shqffbeaddresser! throughjjjJZ C , Ike i scare j7-qn omplhmeap4af ess Resile llY> 'flov" David W, Turnbull President Brightvrr . Co ikation .12601 W Lxplurer 837)3 ('26). 378-4' 400 Aw (208) 37,7-8.96Z August 8, 2008 AP 08-003 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT Ward Schwider ITEM NO. 10 REQUEST Continued Public Hearing from July 22, 2008 -- Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site for parking for Broadway Integrated Project AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: gxt-O b CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contadted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • August 8, 2008 AP 08-004 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT Anna Canning Meridian Planning Director ITEM NO. 1 1 REQUEST Public Hearing -- Request for City Council Review for a McDonalds Redbox (DVD kiosk) located in an approved C -N zone -- 3415 W. Cherry Lane 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Cbrtt:�r u� Pu�c, 1 �e�x� -LD q . la Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E August 8, 2008 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT Una Mas, LLC REQUEST Public Hearing -- Request for Preliminary Plat A Lots on 12.62 acres for Una Mas -- 3945 East Ustick Road ITEM NO. 12 )roval of 21 building AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: ('`'`u� FubuV CITY FIRE DEPT: �15� - S- 2u -0CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: See attached Commens SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • August 8, 2008 PP 08-005 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT James Wylie ITEM NO. 13 REQUEST Public Hearing -- Request for Preliminary Plat approval of 5 commercial lots on 10 acres in a C -G zoning district for Knighthill Center -- SWC of West Chindeh Blvd & North Linder Road 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations V vT . 4:6r Arrrova4 Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. August 8, 2008 MI 08-003 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT James Wylie ITEM NO. 14 REQUEST Public Hearing -- Request for Miscellaneous Application approval to modify the recorded Development Agreement for Knighthill Center -- SWC of West Chinden Boulevard and North Linder Road 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Staff Report Appvw/c, RLeo-� Date: See attached Comments See attached Comments See attached Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property at the City of Meridian. August 8, 2008 MERIDIAN CITY COUNCIL MEETING August 12, 2008 • MDA 08-001 APPLICANT Paramount Development, Inc. ITEM. NO. 15 REQUEST Public Hearing - Development Agreement amendment to include a church and other specified uses designated by the UDC as permitted or conditional in the L -O zoning district for Paramount Subdivision - west of N. Meridian Road and north of W. McMillan Road 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Staff Report See attached Affidavit of P7 0A See attached Comments Contacted: m I CV -11-M-0 Date: hone: Emailed: , i(1 L le ri ql^ Cora. _(- Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR HEARING DO OF AUGUST 12, 2008 STAFF REPORT E I IANC HEARING DATE: August 12, 2008 IDAHO TO: Mayor & City Council FROM: Jenny Veatch, Assistant City Planner (208) 884-5533 SUBJECT: Paramount Uses • MDA -08-001 Request to amend the recorded Development Agreement for Paramount Subdivision 1. SUMMARY DESCRIPTION OF REQUEST The Applicant, Brighton Corporation, has submitted a Modification to a Development Agreement Application (MDA) requesting an amendment to the recorded Development Agreement (DA) for Paramount Subdivision. The subject DA was recorded as Instrument No. 103137116, and was approved with the Paramount Annexation (AZ -03-006), Preliminary Plat (PP -03-004) and Conditional Use Permit (CUP -03-008) in 2003. This DA amendment proposes to specifically identify and include a church in the uses allowed in the Village Center Office/Retail portion (Lot 2, Block 40) of the Paramount concept plan. In addition to churches, the amendment, if approved, would allow all other uses specified in the text amendment to the DA to be permitted in the L -O district (Lots 2 and 3, Block 40) and operate in the Village Center Office/Retail portion of the development. Staff has analyzed the applicant's requested uses for this area and has proposed some changes to the applicant's proposed DA language. Paramount Subdivision is located near the northwest corner of N. Meridian Road and W. McMillan Road. Lots 2 and 3, Block 40, Paramount Subdivision, are located along the east boundary of the subdivision. 2. SUMMARY RECOMMENDATION The City Council has final decision making authority on MDA applications. Staff is recommending approval of the subject application (MDA -08-001) for a Modification to a Development Agreement to include a church as an allowed, specific use on Lot 2, Block 40. However, staff does not support the proposed wording to the amendment to include conditional, and some prohibited, uses from the UDC to be permitted, as the applicant has proposed, on Lots 2 and 3, Block 40 for the reasons listed herein. (See Analysis, Section 8, of this report, for more details.) 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA - 08 -001, as presented in Staff Report for the hearing date of August 12, 2008, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare an amendment to the recorded Development Agreement for this site that reflects the subject changes noted in Section 8 below. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA -08- 001. (You should state why you are denying the request.) MDA -08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNINGMARTMENT STAFF REPORT FOR HEARING A OF AUGUST 12, 2008 Continuance I move to continue File Number MDA -08-001, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Paramount Subdivision is located on the west side of N. Meridian Road, north of W. McMillan Road; Lots 2 and 3, Block 40, are located along the east boundary of the subdivision. Southeast '/ of Section 25, Township 4 North, Range 1 West b. Owner: Paramount Development, Inc. 12601 W. Explorer Drive, #200 Boise, ID 83713 c. Applicant: Brighton Corporation 12601 W. Explorer Drive, #200 Boise, ID 83713 d. Representative: Michael D. Wardle e. Present Zoning: L -O (Limited Office District) f. Present Comprehensive Plan Designation: L -O (Limited Office District) g. Description of Applicant's Request: The Applicant is requesting to amend the existing Development Agreement for Paramount Subdivision to specifically include a church, and other specified uses as permitted uses in the L -O zoning district. h. Applicant's Statement/Justification: Even though a church is a principal permitted use in the L -O zone, it was a use not specifically identified in the Village Center designation in CUP -03-008. The amendment also proposes to include other specified uses currently designated in the Unified Development Code as permitted or conditional. The amendment will enable approval of those specified uses, subject to detailed site plan, design review (where applicable), and subdivision submittals. 5. PROCESS FACTS a. The subject application will, in fact, constitute a development- agreement modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: July 21, 2008 and August 4, 2008 c. Radius notices mailed to properties within 300 feet on: July 18, 2008 d. Applicant posted notice on site by: August 2, 2008 6. LAND USE a. Existing Land Use(s): The subject property (Paramount Subdivision, Lots 2 and 3, Block 40) are currently agricultural land. MDA -08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNING OARTMENT STAFF REPORT FOR HEARING A OF AUGUST 12, 2008 b. Description of Character of Surrounding Area: Some of the surrounding area has already developed residentially and there is an elementary school to the southwest. There are also vacant and agricultural properties nearby. c. Adjacent Land Use and Zoning: 1. North: Agricultural land, zoned RUT (Ada County) 2. West: Bare land (Paramount Subdivision), zoned R-8 3. South: Bare land (Paramount Subdivision), zoned R-40 4. East: Bare land (Ventana Subdivision No. 1), zoned R-8 d. History of Previous Actions: ➢ In 2003, the subject property was granted Annexation and Zoning (AZ -03-006) approval with R-8 (Medium -density residential), R-40 (High-density residential), L -O (Limited Office) and C -G (General retail and service commercial) zoning districts on approximately 397 acres. A Development Agreement was also approved with the annexation (Instrument No. 103137116). ➢ A Preliminary Plat (PP -03-004) was approved concurrent with the annexation, and multiple phases have received approval for and have been final platted. ➢ A Conditional Use Permit (CUP -03-008) was approved concurrent with the annexation and preliminary plat for a mixed use, planned development consisting of 764 single-family building lots, 73 townhouse lots, 270 apartments, 4 mixed-use areas with approximately 57,606 square feet of office and retail space and 32 common lots. ➢ A Final Plat (FP -08-013) is currently proposed for Paramount Church Subdivision (Lot 2, Block 40 of Paramount Subdivision). e. Existing Constraints and Opportunities 1. Public Works Location of sewer: NA Location of water: NA Issues or concerns: None 2. Vegetation: NA 3. Floodplain: NA 4. Canals / Ditches / Irrigation: NA 5. Hazards: Staff does not know of any hazards that exist on this property. 6. Size of Property: 15.35 acres in the L -O district area of the DA proposed for modification. 7. AGENCY COMMENTS MEETING No comments were provided for the subject application. Please see the public record for the MDA file for any written comments that may have been submitted by other agencies. 8. ANALYSIS a. Analysis Leading to Staff Recommendation: Staff has provided analysis below regarding the proposed application. MDA -08-001 Paramount Uses DA Modification. doc CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR HEARING DO OF AUGUST 12, 2008 MDA Application: The Applicant is requesting to amend the existing DA (Instrument No. 103137116) approved with the Paramount annexation (AZ -03-006) to include a church, and other specified uses in the text amendment to the DA on Lots 2 and 3, Block 40 in the L -O zoning district. When Paramount Subdivision was annexed, it was proposed as a Planned Development with zoning designations of R-8, R-40, L -O and C -G. The Planned Development and Comprehensive Plan, under which the subject property was approved, allowed uses in the L -O zone defined as: The purpose of the LO District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibrations or emissions of a nature offensive to the overall purpose of this District. The L -O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses and is thus a transitional use. The applicant has submitted an amendment with uses that are specified to be permitted on Lots 2 and 3, Block 40 in the L -O zone. The text amendment proposed is as follows: 1. Permitted Uses. Section 4 of the Agreement is hereby amended to include a new Subsection 4.3 which shall read as follows: 4.3 USES PERMITTED IN L -O ZONED PARCELS BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are those uses allowed as principal permitted in the L -O District, specifically: Church or place of religious worship, day care center, educational institution, financial institution, health care or social services, parks public and private, personal or professional service, public or quasi public use; and those L -O District conditional uses, and other specified uses, which shall be "permitted" as a result of this Agreement, including, but not limited to: Arts, entertainment or recreation facility (indoors), civic, social or fraternal organization, multifamily developments, nursing or residential care facility, restaurant (sit-down with no drive -up window) and single-family attached or detached dwellings. All uses noted herein shall be `permitted" subject only to detailed site planning, design review, as applicable, and subdivision submittals in accordance with the Paramount L -O Conceptual Site Plan, dated June 16, 2008, on file with the City Planning Department and attached hereto as Exhibit A. Other uses not specified herein, but identified as conditional uses in the L -O zoning district, shall be considered in accordance with the requirements of the City's Unified Development Code codified at Meridian City Code, Title 11, as such uses may be amended or re -defined from time to time. Staff is supportive of the request to include a church as a specified use in the DA. A church is a principal permitted use in the L -O zone. Staff is not supportive of allowing a development agreement to be used to pen -nit uses in a zone that by the UDC are conditional uses or prohibited uses (such as multi family and single-family attached or detached dwellings). Staff believes that the proposed text amendment to the DA perpetuates the previous Planned Development concept, whereas the current UDC does not allow use exceptions. The subject DA request provides an opportunity to clean up the prior Planned Development by allowing the property to develop with all principally permitted and conditionally allowed uses. However, for some of the prohibited uses the applicant is requesting to allow as principally permitted, the applicant must apply for a rezone and comply with the current provisions and regulations of Title 11. Staff cannot support a request to allow conditional and prohibited uses as outright allowed uses through the DA modification process. Instead, Staff proposes the following changes be made to the proposed text amendment to the DA: 4.3 USES PERMITTED IN L -O ZONED PARCELS BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are those uses allowed as principal permitted by the Unified Development Code in the L -O District, including, but not limited to: Church or MDA -08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNINGIRARTMENT STAFF REPORT FOR HEARING A OF AUGUST 12, 2008 place of religious worship, -day care center, educational institution, financial institution, health care or social services, parks public and private, personal or professional service, and public or quasi public use., and these1,,-0 Disti4et eenditional uses,nd ether Pammieunt—L-0 Geneeptual Site P4an, dated June 16 2009, en file with the Gi Other uses net speeoed e -- bw identified as conditional uses in the L -O zoning district, shall be subject to conditional use, permit approval in accordance with the requirements of the City's Unified Development Code codified at Meridian City Code, Title IL as sueh uses may b 9. RECOMMENDATION Staff is recommending approval of the proposed modification to the Development Agreement for Paramount Subdivision as proposed by staff, above. 10. EXHIBITS A. Maps/Other 1. Vicinity Map 2. Paramount Subdivision Preliminary Plat & proposed Conceptual Site Plan for Paramount Church 3. Requested Development Agreement Modification (Not Approved) MDA -08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNING OARTMENT STAFF REPORT FOR HEARING DO OF AUGUST 12, 2008 Exhibit A.1 — ZoningNicinity Map MDA -08-001 Paramount Uses DA Modification.doc E � ' �► E ®11111111 � 11il11!l111111 � �Ir�: �r����� •11111 MDA -08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNINGIVARTMENT STAFF REPORT FOR HEARING A OF AUGUST 12, 2008 Exhibit A.2 — Plat for Paramount Subdivision and proposed Conceptual Site Plan for Paramount Church MDA -08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNINGOARTMENT STAFF REPORT FOR HEARING AW OF AUGUST 12, 2008 PA• *0 RA MOUN GONCEPTUAL' SITE PLAW OESIGN&PLA"TINGz -Je �.�— c:: I:, � � �'� chi 2ri Wit ig IX AA 4V tM1oodt�aid B) 1--NV46 nt -96d liW ' �9fFcFG -LBI J, 13.16A 40. "to 'W. 0umD op- (N -,RE HIgh:00n lv,L)A-vz5-vvi raramount uses vA ivioamcation.aoc CITY OF MERIDIAN PLANNINGIRARTMENT STAFF REPORT FOR HEARING A OF AUGUST 12, 2008 Exhibit A.3 - Requested Development Agreement Modification TJO' )YEVELP""T AqgUKENT ITHIS MST AMt "T00EVEL'0P­MFNT AGREEMENT is dated: th dav of -i,"A the CITY''Or �y And --bet.w.e.00 a, munic itaal cocparatioiy. of-tt c-:, State. of Idaho and'PARA3\4010NT LW, 4n:Nish and PARAMOUNT 5EYtLOPMENTA INC, an -0 z6.f Ation(collectively address is C/o B rghton 00044o.n v ot ffieWdress Aat&14bove, RECITALS .A. T..,he f0i. and art im ptopefty qwncrt ent rd ihto that certain Oev.plqp*4 Agreement date i; July 15, 2.003,',recorded ,as'lh8tr-um.eiit ro, 105-13-71,16, on August 'l,k 21003 in. the record's of Ada County, Idaho_ C,Ageoiep rpgaxiing, oe_ft. ein, re4'prop6dy I9cated in Ada. Coda.Y) Idaho,as sp'i r�At property is,niore particularly described, A QwneT,/D cvelb et iS7 thesuccessor in injetest to. -(hC'40�yqers?, ng,.ned: ia-aie, Alow nen-of the Pftdy. B1. The .Citrand bwner/Davelopet.- degirb W Atnq!ld the Agreement [- 10 ara� CL. I the perrmitwi uses pfthat- paitlon of the P.I. -opoll'y idOridfi;e .0, i.a. the original Paramount P_Y-440 -in, ai.P ,: P' . Y., Udt, as: Lots; -2-,and 3, Afock 40, and zoned L-6, tii ..'.9d;Qfl5q'e -Nktriet,aced on the'teirms. and con. Wotis contained b _,eln. AG"g-KENT NOW, THERE t5r valuable consideration, includlits, the recitals above which.are-,hereby ipcorpptated below, the'- -rti fi,611W ws: pa qs agr E. PO-.mitto_atucs: Section 4,of'theAgreement .is here-,-6yaint.nd.edto.iliclude-aiiew, Subsection 4..3 which shal Wrood, as foljow's; UL'TO.0 NT' STT AA NIDNTEN171.1, MDA -08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNfNGIRARTMENT STAFF REPORT FOR HEARING JW OF AUGUST 12, 2008 2. Mig.cel.1-ane-ous. Any: capitalized tenn not defined in. this Amendment shall have the same meaning &g in the Agreement. Except as, modified in IN%- Amendment the Agreement icipaiiis in full force and effect. in the event. of any conflict between the .Arnendne'nt and t - his Agreement} this Amendment= shall eqntrol. 1N WITNESS WHE'RIE-0f, the parties have hereunto caused this Agrpenrient to be executed, effective on, theday and, yegfirsf-'ahbvc, written. CITY. CITY OF PMERIWAN' - AqTtwn City Clerk, Fws,r,%,m,FNTDmv-qT io,ok-wnopmwr AGREFAUNK - 2 MDA -08-001 Paramount Uses DA Modification. doc OWNEAMEVJLOPER:, PAIRAjAOUNT LLC, an 10ho firm liabiYaj., tompAny ty:,.7R/ Member beir' --M&IL- o�'C' &V6Wf 0* IMAM* OVr "C PA.RAiVIOUNT DEVELOPIKtNT WC, an1dam corporation .y B"- 4e Tts: CENTRAL CENTRA ISTRICT HEALTH DEPAMENT Return to: �a 00 DISTRICT p1iHEALTH Environmental Health Division f _� ❑Boise DEPARTMENT "�E !J p1 , I e/ E ❑Eagle !J f1 q Ji @' ��.�JJ 1 ❑Garden City Rezone # /1iI�� 0 S�—UU � J U L 18 200 eridian Conditional Use # �,iTY OF �/jERI7iAN ❑Kuna Preliminary / Final / Short Plat CITY CLERK OFFICE ❑ACZ ❑Star Y )AK—_ We have No Objections to this Proposal. ❑2. We recommend Denial of this Proposal. ❑3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ bedrock from original grade ❑ other ❑6. This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑11. This Department would recommend deferral until high seasonal groundwater can be determined if other considerations indicate approval. ❑12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store ❑14. Please see attached stormwater management recommendations ❑ 15. ❑ child care center Reviewed By: Date://Jle'�/� Review Sheet 15726.001EHO904 ORGANIZED 1904 W&u-dza* 1 • •aw 2) • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 \ Phones: Area Code 208 15 July 2008 OFFICE: Nampa 466-7861 _SHOP: Nampa 466-0663 City City of Meridian -�'v Cit Clerk's Office RE C �� Jaycee Holman JILL 18 2008 33 East Idaho Avenue, Meridian, ID 83642 UY OF MERIDIAN CITY CLERK OFFI' RE: MDA 08-001/Paramount Subdivision Dear Jaycee: Nampa & Meridian Irrigation District has no comment on the above -referenced application as it is out of our district. All laterals and waste ways must be protected. Aft municipal surface drainage must be retained on-site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The Developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to'all developments within the Nampa & Meridian Irrigation District. Sincerely, Greg hrtis Nampa & Meridian Irrigation District GC/dbg C: File - Office/ShopELs r--7 Bois -L L1_ t4 .� '�1 Y APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 �T - j BOISE PROJECT RIGHTS - 40,000 • • Mayor Tammy de Weerd v City Council Members: Keith Bird E IDIAN �� . Joe Borton I I JUL 0 8 2008 Charles Rountree DA HO David Zaremba rGII —Y OF I ILA "EM 1I3 �NfAS W.XfER DEF� � `-771T -� -�. c#t1 � _ TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN JUL 10 2008 CITY OF MFRiDIAN To insure that your comments and recommendations will be cons dlefetd NLERK OFFICE the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: August 5, 2008 Transmittal Date: July 7, 2008 File No.: MDA 08-001 Hearing Date: August 12, 2008 Request: Public Hearing - Development Agreement amendment to include a church and other specified uses designated by the UDC as permitted or conditional in the L -O zoning district for Paramount Subdivision By: Paramount Development, Inc. Location of Property or Project: west of N. Meridian Road and north of W. McMillan Road Joe Marshall (No FP) David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services (No VAR, vac, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bureau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise -Kung Irrigation District Your Concise Remarks: -Pt-( 7-8-()& City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org MDA 08-001 • • Page 1 of 1 0-0 Machelle Hill �, b From: Larry Strough [Larry.Strough@itd.idaho.gov] Sent: Wednesday, July 16, 2008 2:44 PM To: Barbara Shiffer; Machelle Hill Cc: Pam Golden Subject: MDA 08-001 Attachments: SKMBT C25008071.614370.pdf We have no comment on the enclosed notice. Thank You. <<SKMBT_C25008071614370.pdf>> ""E C E I VNI JUL 16 2008 CITY, OF MERIDIAN CITY CLERK OFFICE 7/16/2008 % Aug. 4. 20�:l42AM Mark it dver7:iain 208-939- 83No, 0439 P. 1 p,z RECEIVED AFFIDAVIT OF POSTING AUG 0 4 2008 CityOf Meridian City Clerk Office STATE OF IDAHO ) 1 COUNTY OR ADA 1, Adam Mark, Mark It AdvertiMng,1.,LC, 30 N. Old* Park Place, Eagle ID SM16, being duly sworn, upon oatb, depose and say: I did personally poet the subject property on the 02 day of August, 2M with the hearing signs. Thin ins in compliance with the ton (y 0) day posting as required by the City Of Meridian for Meridian Chy Council hearinV. Signa were posted for Public Hearing — Development Agreement amendment to inelade a church and other specified uift designated by the UDC ass permitted or conditioual in the L -U zoning district for Para oust Subdivision. Dated this 62 „--play of Atiowt , 2008. A (Sionture) SUBSCRIBED AND SWORN to before me this day and year GrA above written. D M.IrF�G��' 6n' rJr - •9y'� Notary Pu bo N��rnr��y • Residing at BoJK Idaho :: �'UBL,�G My COmMiNJAOO M:pl rca+;.r% ate �J2/13 �i� •ST' ••••-p�A����`�`,~ MY COMMISSION FXPIR" >>li ltE N1 ��`��� March 26, 2013 a.Invruriku WMARv M1W-1 •,1N0J0XWklwA, FluC Aug. 4. 20081; 9:42AM Mark i dverassing 208-939- 820. 0439 P. 2 p,3 August 8, 2008 RZ 08-002 MERIDIAN CITY COUNCIL MEETING August 12, 2008 APPLICANT Meridian Library District ITEM NO. 16 REQUEST Public Hearing -- Request for a Rezone of 0.55 acres from R-4 to L -O zones for Meridian Library Parking Lot Expansion 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Previous Item Packet / Minutes See attached Recommendations Q�p�ovo-Q Date: See attached Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ERIDIAN%.- MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Charles Rountree David Zaremba CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2355 N.W. 8th Street 888-5242/fax 884-1159 DELIQUENCY FOR TURN OFF Schedule for August 12, 2008 Cycle 2 MAYOR: This letter attests to the fact that no water users have requested a pre -termination hearing for August 12, 2008. Users having delinquent utility bills will be shut off on August 13, 2008. The total amount past due is $17592.08 The number of past due customers is 215 jrAal-_ Shellie L. Gallagher Utility Billing Manager CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY % HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAx 887-4813 MAYOR'S OFFICE - FAX 884-8116 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Aug 12, 2008 04:08pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () = (<)7700000001 Customer.Bill Cycle = 2 Customer. d iscon nected = No Customer.shut off list = No Ref No Cust No Name / Service Address 1 15.21.1720.02 ADAMS, SHIRLEY 2121 LEANN WAY Past Due Balance 90.45 192.07 2 10.10.1028.04 AHEARN, THOMAS & ALMA 56.66 131.26 2650 CROSSLAND DR W NO ARRANGEMENTS ALLOWED AND CASH ONLY FOR RENTER (AHEARN) UNTIL 3/31/09 DUE TO THEM WRITING A CHECK TO GET/KEEP WATER ON. --DB 4/2/08 3 18.42.4284.03 ALLEN, CARL & LINDA 55.11 130.94 2915 DEVLIN WAY N (CORNER) 4 15.22.1400.07 ALLEN, JON 192.83 343.72 1927 CAIRNS WAY 5 14.14.3620.03 ANDERSON, ALYSSA & TAYLOR 96.07 154.57 4089 BEDROCK DR W RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 6 8.30.2206.02 ANDERSON, CARL & MARGI 94.15 151.26 3993 LEGACY WOODS AVE N RENTER PAYS TOTAL DUE + FEE - - NO ARRANGEMENTS ALLOWED FOR THE TENANTS PER THE OWNER!!! 7 3.15.5319.01 ARMSTRONG, RAQUEL 79.07 216.30 2159GRAND TETON DR W RENTER PAYS TOTAL DUE + FEE -- NO ARRANGMENTS ALLOWED FOR THE RENTERS PER THE OWNER!! 8 16.32.1362.04 ASH, TRAVIS 55.40 148.62 308 WATERBURY DR W NO ARRANGEMENTS FOR RENTERSft!!! r!!!!!!!! CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Aug 12, 2008 04:08pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 9 17.33.3596.02 ATTEBERRY, BRIAN 98.77 162.12 458 ADDESON ST E RENTER PAYS TOTAL DUE + FEE -- NO ARRANGMENTS ALLOWED FOR THE RENTERS PER THE OWNER!! 10 17.33.1826.02 AYERS, DOVIE A. 115.15 140.67 103 WOODBURY DR E 11 8.30.2804.02 AZCUENAGA, T. & HAMMONS, J. 77.19 124.31 3951 HERITAGE VIEW AVE N RENTER PAYS TOTAL DUE + FEE 12 16.26.0312.03 AZIZURREHAM, KHAN 64.44 89.96 294 INDIAN ROCKS ST W 13 15:22.0216.02 BAIMBRIDGE, DAVID 82.25 183.84 1620 KASTLE FALLS AVE N 14 10.10.0092.02 BAKER, DUSTIN 92.18 165.94 2977 WILDER ST W 15 14.14.3000.04 BARRIE, MELODY 113.95 151.08 4220 NIEMANN DR W 16 14.20.1840.03 BARTON, TIFFANY 367.30 395.57 3815 SEA ISLAND CT 17 16.32.0526.02 BENAC, RICK 65.10 144.91 1819 LAWNDALE DR RENTER PAYS TOTAL DUE + FEE 18 17.34.1902.04 BENGOECHEA, MIKE 82.32 201.99 2061 LARK PL N NO MORE ARRANGEMENTS ALLOWED UNTIL 11/26/08 DUE TO BREAKING ARRANGEMENTS --DB 11/27/07 19 15.21.2180.05 BENNETT, NATHANIEL 92.96 238.23 3026 HIGAN ST W 20 15.21.3092.02 BEVEL, RITA 58.42 184.82 2888 THAMES AVE N 21 15.21.2696.03 BOOHER, CRAIG & ANGIE 50.29 174.93 3132 KENDRICK ST W 22 17.33.1830.05 BROOKS, LINDA 68.75 249.96 149 WOODBURY DR E NO MORE ARRANGEMENTS UNTIL A& A CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Aug 12, 2008 04:09pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 34 16.26.0205.06 CAUDILL, DAUN 82.33 136.69 418 INDIAN ROCKS ST W RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR THE 11/30/08 DUE TO BREAKING ARRANGEMENT. --DB 11/30/07 23 7.04.0918.04 BURCHFIELD, DARRELL 50.05 149.43 1828 GRAND CANYON DR E 24 17.33.4246.03 BURTON, JENNIFER 52.36 163.38 2717 EUREKA AVE N NO MORE ARRANGEMENTS FOR BURTON UNTIL 6/13/09 DUE TO BROKEN ARRANGEMENT ON 6/13/08. --DB 25 14.20.1364.05 BURTON, VAL 111.24 166.96 2095 ARONMINK WAY N NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM!! 26 10.10.2236.02 BUTIKOFER, CHET & JENNIFER 65:69 127.23 2497 BELLAGIO DR W 27 3.03.5202.02 CAMPBELL, MICHAEL & TAMMY 74.95 183.13 1966 PUZZLE CREEK DR W 28 4.70.1511.01 CAPITOL BUILDING CO 69.54 118.08 825 CAGNEY DR W 29 4.70.1606.01 CAPITOL BUILDING CO 69.54 124.16 815 COLBERT ST W 30 16.32.1602.02 CARREON, MARTA 76.88 126.31 901 WOODBURY DR W 31 9.92.7008.02 CASE, LEX 96.99 125.26 1519 LORETTA ST W 32 17.79.0706.02 CASTILLO, L & A, PASTOR, M. 52.36 128.22 2093 ARROW WOOD AVE N RENTER PAYS TOTAL DUE + FEE 33 8.08.1086.03 CATOVIC, MERISHA 53.46 143.35 184 MOSKEE ST E 'NO ARRANGEMENTS ALLOWED FOR RENTERS. 34 16.26.0205.06 CAUDILL, DAUN 82.33 136.69 418 INDIAN ROCKS ST W RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR THE 43 9.09.0722.03 COUCH, BRUCE & CAROL 52.80 126.32 3875 THAIN AVE N 44 10.10.2360.01 CRESTWOOD HOMES 96.92 125.19 2511 TEANO DR W NO ARRANGEMENTS ALLOWED UNTIL 10/10/08 DUE TO RENTER (THANADABOUTH) BREAKING ARRANGEMENT. --DB 10/11/07 45 15.21.2922.04 CUTLER, KIMBERLY 71.94 211.56 2905 ELK STREAM ST W CASH ONLY PERMANENTLY --CUSTOMER WROTE 2 NSF'S IN A MONTH -LAST ONE WAS TO GET/KEEP WATER ON.--DB-4/23/07 46 17.34.2898.02 DANDENEU-BRIGHT & BENNETT 55.35 152.27 3151 BOULDER CREEK PL N NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNER. --OPTION NOT CHOSEN. 47 14.20.1678.02 DAVIS, ROD & SHAWNA 108.68 214.20 3661 WOODMONT DR CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Aug 12, 2008 04:09pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance RENTERS PER THE OWNER!!! 35 16.32.0730.01 CHANDLER, RON W. 70.82 208.23 107 WILLOWBROOK DR W 36 18.42.2582.01 CHAPMAN, LORRI 64.19 222.77 2542 MEADOWGLEN PL N 37 10.10.2138.04 CHARLTON, DEBORAH LYNN 96.28 152.63 2176 GRASSY BRANCH DR W 38 15.22.1464.04 CHENEY, HOPE 75.04 119.38 1684 HENDRICKS ST W 39 8.30.3105.01 CK3 ENTERPRISES 64.10 118.69 4062 QUENZER WAY N 40 14.19.7180.04 CLARK, GORDON 82.83 149.96 2724 ROBIE AVE N 41 14.19.7472.03 CONNELL, BERNICE & DECKER, MAR 78.27 123.53 3243 MONESSEN LN W 42 17.85.0305.02 COSTA, MELINA 54.45 126.27 2711 RICHTER AVE N 43 9.09.0722.03 COUCH, BRUCE & CAROL 52.80 126.32 3875 THAIN AVE N 44 10.10.2360.01 CRESTWOOD HOMES 96.92 125.19 2511 TEANO DR W NO ARRANGEMENTS ALLOWED UNTIL 10/10/08 DUE TO RENTER (THANADABOUTH) BREAKING ARRANGEMENT. --DB 10/11/07 45 15.21.2922.04 CUTLER, KIMBERLY 71.94 211.56 2905 ELK STREAM ST W CASH ONLY PERMANENTLY --CUSTOMER WROTE 2 NSF'S IN A MONTH -LAST ONE WAS TO GET/KEEP WATER ON.--DB-4/23/07 46 17.34.2898.02 DANDENEU-BRIGHT & BENNETT 55.35 152.27 3151 BOULDER CREEK PL N NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNER. --OPTION NOT CHOSEN. 47 14.20.1678.02 DAVIS, ROD & SHAWNA 108.68 214.20 3661 WOODMONT DR CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Aug 12, 2008 04:09pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 48 12.40.0229.02 DAVISON, CLINT & KARA 58.91 119.06 3478 ELMSTONE PL N NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 49 12.40.0205.02 DELAY, JOHN & DAWN 53.68 113.07 3420 OAKSTONE AVE N RENTER PAYS TOTAL DUE + FEE 50 18.42.1824.03 DELEON, SHAN 78.40 156.80 2166 MEADOW WOOD DR E NO ARRANGEMENTS ALLOWED UNTIL 4/7/09--DELEON USED 2ND ARRANGEMENT --DB 5/5/08 ALLOWED DELEON TO DO ARRANGEMENTS --IF ONE IS BROKEN, NO ARRANGEMENTS PERM. --DB NO ARRANGEMENTS ALLOWED UNTIL 10/13/07 DUE TO ANOTHER BROKEN ARRANGEMENT. ON CASH ONLY FOR SHAN DELEON PERMANENTLY. 51 3.15.0126.04 DENNIS, MELISSA 75.13 159.95 56 18.42.2618.01 5906 COUGAR FLAT AVE N 55.24 124.25 52 4.70.2013.02 DEPUE, DEANNA K. & KENNETH 50.81 127.03 58 14.14.5040.02 773 BACALL ST W 94.96 153.72 53 17.33.3674.03 DESHAZO, KIP & MARY 87.99 138.41 430 WAKELY ST E 54 18.42.3732.01 DEUTSCHE BANK NATIONAL TRUST 91.24 158.97 1982 KAMAY DR E 55 17.34.2090.02 DOTY, CHRISTIANA 1041 TAMMY ST 56.90 134.52 56 18.42.2618.01 DOUGLAS, LINDA 2055 CHALLIS DR E 55.24 124.25 57 17.34.1966.03 EDWARDS, JASON 1055 WILLOWBROOK DR E 86.47 213.12 58 14.14.5040.02 ELLIOTT, STEVEN & KELLI 3780 BISMARK DR W 94.96 153.72 Now CITY OF MERIDIAN Shutoff Account List CITY COUNCIL. Page: 6 Standard Payment Customers Aug 12, 2008 04:09pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 59 12.40.0209.02 ELLIS, WANDA 140.55 162.03 3397 ELMSTONE AVE N 60 16.31.0840.04 EMERY, MARK & TINA 50.56 170.49 1312 TANA DR 61 9.09.9608.02 EVERITT, DARCY 74.89 122.01 1087 WHITE SANDS DR W 62 • 3.15.1226.02 FALK, MATT & DANIELLE 86.55 145.68 2194 SAGE SPRINGS CT W NO ARRANGEMENTS FOR RENTERS PER THE OWNER!! 63 10.10.2520.02 FAY, ALAN SR. 69.84 154.66 2150 WINDCHIME DR W 64 15.21.2690.02 FINN, STEPHANIE 79.98 278.79 3072 KENDRICK ST W 65 15.21.2058.05 FRASER, JAMES 112.53 168.54 1711 VICTOR AVE N 66 15.21.2238.01 FRONTERAS, JOSEPH & REGINA 50.81 132.83 .2986 KANDICE ST W RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR THE TENANTS PER THE OWNER!!! 67 3.90.0317.03 GENA, MINERVA 56.75 90.87 5389 AREZZO AVE N 68 3.90.0318.03 G'EHA, MINERVA 5367 AREZZO AVE N 50.81 168.39 69 16.31.3416.02 GORE, ROBERT & BONNIE 69.54 119.47 1033 FAIRWOOD CT 70 15.22.1754.03 GRAPATIN, JEREMY & EMILY 124.34 263.19 3101 MARBURG AVE N 71 3.15.1408.02 GREEN, DUSTIN & MICHELLE 56,25 81.77 1915 HAM RAPIDS ST W 72 17.34.0382.03 GRIMM, KEITH & DESTINY 88.13 231.15 1184 WILLOWBROOK DR E 80 17.34.1426.02 HARTMAN, BRUCE 61.33 146.16 2596 CARIBOU WAY N 81 9.09.0020.03 HATTON, CURTIS & PATRICIA 90.72 152.63 140 ANTON ST W 82 16.31.0828.04 HELTON, DEWEY & LISA 59.78 203.64 1211 DELMAR DR 83 9.15.2706.02 HERMANCE, JUSTIN 65.10 149.53 643 CRESCENT ST W 84 16.07.0805.01 HERON RIVER DEVELOPMENT LLC 357.49 387.44 2940 FAIRGLEN AVE'N 85 3.15.2623.02 HERRMANN, SHAWN & CHRISTINA 52.04 113.68 1540 HAM RAPIDS ST W 86 17.07.0202.03 HESS, HOLLIE & DUTTON, KATO 74.43 179.99 850 RINGNECK ST E NO MORE ARRANGEMENTS ALLOWED UNTIL 11/26/08 DUE BREAKING LAST ARRANGEMENTS --DB 11/27/07 87 17.34.1870.02 HILL, RONIE & CARLA 93.42 218.81 904 WILLOWBROOK DR E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Standard Payment Customers Page: 7 Aug 12, 2008 04:09pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 73 16.07.0717.01 GUARANTEED QUALITY CONSTRUCTIC 50.55 86.65 1100 STANHOPE ST W 74 18.10.0212.02 HAHN, ERNIE 95.61 267.67 1058 JUSTIN PL N 75 5.50.0222.02 HANNAN, DEBRA 67.44 107.98 736 BONITA CANYON ST E 76 9.09.9316.02 HANSEN, EDWARD & KRISTIE 50.81 109.57 4376 TALL GRASS AVE N 77 10.10.0072.03 HARTLEY, DOROTHY 58.24 139.40 3137 PUDU CT W 78 15.21.3056.03 HARTMAN, BRUCE 65.78 292.47 2938 MORELLO AVE N 79 15.22.0860.04 HARTMAN, BRUCE 75.83 190.45 2234 KUBIK PL N 80 17.34.1426.02 HARTMAN, BRUCE 61.33 146.16 2596 CARIBOU WAY N 81 9.09.0020.03 HATTON, CURTIS & PATRICIA 90.72 152.63 140 ANTON ST W 82 16.31.0828.04 HELTON, DEWEY & LISA 59.78 203.64 1211 DELMAR DR 83 9.15.2706.02 HERMANCE, JUSTIN 65.10 149.53 643 CRESCENT ST W 84 16.07.0805.01 HERON RIVER DEVELOPMENT LLC 357.49 387.44 2940 FAIRGLEN AVE'N 85 3.15.2623.02 HERRMANN, SHAWN & CHRISTINA 52.04 113.68 1540 HAM RAPIDS ST W 86 17.07.0202.03 HESS, HOLLIE & DUTTON, KATO 74.43 179.99 850 RINGNECK ST E NO MORE ARRANGEMENTS ALLOWED UNTIL 11/26/08 DUE BREAKING LAST ARRANGEMENTS --DB 11/27/07 87 17.34.1870.02 HILL, RONIE & CARLA 93.42 218.81 904 WILLOWBROOK DR E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Aug 12, 2008 04:09pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 88 7.48.0036.02 HOPPES, DAWN 95.47 145.16 2239 SATTERFIELD ST E 89 15.21.0132.03 HULSE, DALLAS 52.20 166.24 2625 WATERSTONE WAY N 90 9.90.1702.03 HYMAS, AARON 126.71 207.22 953 YOSEMITE DR W 91 14.20.0014.03 HYMUS, LAURIE 81.55 114.25 4265 QUAKER RIDGE DR W 92 8.08.0130.03 IRELAND, CODY 103.41 207.65 3389 YELLOW PEAK AVE N 93 18.98.0103.01 JAMAICA ME TAN 59.39 98.40 2498 FAIRVIEW AVE E 94 8.30.0410.02 JENSEN, ERIC & MARY 89.72 144.18 3650 PARK CROSSING AVE N 95 17.34.1612.02 JOHNSON, WILLIAM 56.14 183.04 2613 CARIBOU WAY N 96 15.21.3270.02 JOHNSTON, STEVE & JENNIFER 87.30 144.76 3126 GWENDOLINE AVE N 97 19.10.0914.02 JONES, THOMAS 51.44 108.44 4296 ARCH DR E 98 16.31.2192.03 JUAREZ, ROBERTO & VICTORIA 53.53 173.60 2777 WEST 12TH ST N 99 13.13.4038.02 JUSTESEN, LARRY & DANIELLE 53.56 142.28 5030 TOURNAMENT DR W 100 16.32.1270.03 KENNING, JENNIFER 50.92 105.88 287 WOODBURY DR W 101 15.22.1650.05 KNAPP, PAUL & JEAN 51.31 140.02 2181 LINDER RD N 102 3.90.0050.02 KNIGHTON, PAUL & NICOLE 90.93 154.78 5433 AREZZO AVE N CUSTOMER IS NOW CASH ONLY PERMANENTLY DUE TO NSF RECEIVED TO GET/KEEP WATER ON --DUE TO PAST NSF'S, CUSTOMER IS NOW PERM. CASH ONLY. --DB 11/7/07 •f IRW CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Pager 9 Standard Payment Customers Aug 12, 2008 04:10pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address 103 17.34.0980.02 KOGER, JONATHAN & ERICA 1508 HUNTER DR E RENTER PAYS TOTAL DUE + FEE -- NO ARRANGMENTS ALLOWED FOR THE RENTERS Past Due Balance 62.72 180.91 104 16.15.0103.03 KOGLIN, SHANE 73.94 127.14 355 USTICK RD W NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNER, DAVID AINGERM 105 8.08.1554.05 KORDRAY, CATHY 92.76 158.73 386 SANTIAGO DR E RENTER PAYS TOTAL DUE + FEE 106 15.22.1294.05 KOROL, JEROME & MARY ENSER 54.36 169.56 2102 LASHER COURT 107 13.09.0629.02 KOSHUR, NINA & DENNIS 179.63 205.15 3023 ELISHA AVE N 108 8.85.1109.01 LAND, JUSTIN & JESSICA 72.49 139.01 672 BURNEY GLEN DR E RENTER PAYS TOTAL DUE + FEE 109 15.21.1918.03 LANGFORD, DALE 55.85 166.04 2482 REBECCA WAY 110 18.42.2134.03 LARSON, C & MARTINEZ, A 131.96 363.87 2255 WINGATE PL N NO ARRANGEMENTS ALLOWED FOR TENANTS PER THE PM!! 111 16.31.2306.03 LASALLE BANK NATL ASSOC 54.41 79.93 2791 15TH ST NW 112 17.33.7614.04 LASALLE NAT'L BANK ASSOC. 230.22 258.52 156 EASTBROOK CT E 113 17.34.1806.03 LEIGHTON, TERRANCE III 185.46 477.82 1014 CLAYBOURNE DR 114 17.33.4350.03 LEMKE, EDWARD O 63.20 174.92 2564 TUSCAN AVE N RENTER PAYS TOTAL DUE + FEE CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Aug 12, 2008 04:10pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 115 3.15.4925.01 LEWIS, ANGELA 53.13 107.72 2076 BOULDER BAR DR W RENTER PAYS TOTAL DUE + FEE 116 7.48.0034.03 LOOS, MELISSA & GRADY 80:17 193.57 2219 SATTERFIELD ST E NO ARRANGEMENTS FOR RENTERM 117 8.08.1058.05 LOPEZ, THERESA & LITTY, JOSEPH 51.28 138.36 245 MOSKEE ST E 118 17.34.1882.04 LOWTHER, MARLA & AARON 59.81 165.36 2102 LARK PL N RENTER PAYS TOTAL DUE + FEE 119 17.79.0603.02 LUCERO, RICHARD 55.24 125.15 701 WILLOW BROOK DR E RENTER PAYS TOTAL DUE + FEE 120 5.08.0096.01 LUCHINI, SHAWY & DAWN 81.09 141.24 6166 JERICHO RD N 121 15.22.1182.02 LUNDGREN, KRISTIN 88.99 258.47 2189 RAINFALL ST W 122 10.10.2074.02 MACKAY, DAN 60.74 161.66 2342 TRESTLE DR W 123 16.32.0774.01 MACY, KEVIN 64.49 186.06 380 CREEKVIEW DR W 124 18.42.2736.02 MARKOWSKI, MAREK & KIMBERLY 69.82 229.28 1817 MEADOWGRASS ST E 125 15.21.3034.05 MASELLI, TODD 82.20 277.46 3017 RAVENHURST ST W 126 4.70.2310.02 MATHIS, FREDDIE H. & DAWN M. 84.21 137.75 920 BACALL ST W 127 14.02.0105.01 MATRIX HOMES 100.41 113.23 4650 NIEMANN CT W 128 15.21.2628.03 McGUIRE, JOSEF & SARAH 51.19 148.93 2313 WARWICK AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Aug 12, 2008 04:11 pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address- Past Due Balance 129 10.10.1092.03 MENDEL, TODD 69.38 115.61 2728 PRIMELAND DR W 130 6.45.0405.04 MIDDLETON, DAVID & KRISTIN 50.97 144.05 5074 SPANGLE AVE N RENTER PAYS TOTAL DUES + FEES NO ARRANGMENT PER THE OWNER 131 3.18.0410.02 MILES, RICHARD & MARY 54.35 116.15 1859 WAPOOT DR W 132 9.09.0288.02 MILLER, JAMES 83.90 138.23 3602 ALEXIS WAY N 133 9.09.0130.02 MILLER, JAMES ERIC 73.39 117.21 3903 ELSINORE WAY N 134 15.15.0526.02 MOLINA, RONALD 75.36 125.42 2267 LONESOME DOVE ST W 135 14.20.0134.04 MONTGOMERY, HENRY & TERESA 51.45 259.87 1811 GREENFIELD AVE N 136 15.22.1414.03 MOORE, ANNABELLE 95.37' 192.27 1785 MCGLINCHEY ST W 137 17.34.1588.02 MOORE, SUSANNE 73.97 239.55 2684 MULE DEER WAY N NO ARRANGEMENTS FOR RENTERS![!! 138 8.81.0413.02 MORALES, FELIZA 66.05 194.29 320 ANTON ST E NO ARRANGEMENTS ALLOWED FOR RENTERS PER THE PM!!!! RENTER PAYS TOTAL DUE + FEE 139 5.05.0203.01 MORGAN CREEK HOMES 52.49 107.11 5899 MORPHEUS WAY N 140 14.14.4466.02 MORLOCK, LESLIE 69.94 112.60 2879 LOCHSA WAY N AWL CITY OF MERIDIAN Shutoff Account List CITY COUNCIL V Page: 1.2 Standard Payment Customers Aug 12, 2008 04:11 pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address 141 13.09.0305.04 MOSS, BRETT & KRISLEE 3045 CHRISTIAN WAY N Past Due Balance 50.05 115.26 142 16.32.0970.04 MOTTY, WENDY 52.04 159.95 244 SPICEWOOD DR W 143 7.48.1204.01 MURRAY, DEBBIE 50.81 116.78 2469 NAKANO DR E NO ARRANGMENTS ALLOWED PER THE i!!!n!!rn!!!! 144 15.21.3122.02 MYRICK, JASON & HEATHER 127.47 207.89 3097 SWEETBRIAR ST W 145 15.08.0104.02 NABOULSI, JALAI M & SHANNON M 145.26 475.14 1756 CHERRY LN W BLDG 2 146 16.32.1606.02 NASIATKA, JEFFREY 50.68 123.47 841 WOODBURY DR W 147 14.20.1628.01 NATTI, THOMAS A. 82.29 221.44 1820 INCLINE WAY 148 3.15.1406.02 NELSON, SANDRA 70.81 125.92 1861 HAM RAPIDS ST W NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM!!! 149 12.40.0621.02 NEVAREZ, SANDRA 61.35 130.91 3273 ELMSTONE AVE N 150 16.21.0718.02 NORRIS, RODGER J 50.42 116.00 2811 RIDGE HAVEN WAY N 151 17.34.3266.01 OLSON, ROBERT & HEIDI 240.48 642.07 3048 BIG ROCK PL N NO MORE ARRANGEMENTS ALLOWED UNTIL 12/10/08--OLSON USED 2ND ARRANGEMENT ON 6/9/08 --DB 152 17.33.2264.05 OSTER, DAVID 102.29 199.68 2412 EUREKA AVE N 153 8.08.1050.03 OWENS, CHRIS & TAMARA 53.72 119.69 173 MOSKEE ST E NO ARRANGEMENTS ALLOWED FOR THE RENTER PER THE 166 9.09.0262.02 RAMAGE, RICHARD & JOYCE 76.11 107.13 3627 ELSINORE WAY N CASH ONLY FOR RENTER (D. KELLEY) PERMANENTLY --WROTE NSF TO GET/KEEP WATER ON AND NSF'S PRIOR TO THIS ONE. --DB 5/22/07 167 16.32.0712.02 RAMIREZ, M. & D. SMITH, P & S 56.72 250.92 287 WILLOWBROOK DR W RENTER PAYS TOTAL DUE + FEE CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Standard Payment Customers Page: 13 Aug 12, 2008 04:11 pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance OWNER ---RENTER PAYS TOTAL DUE + FEE 154 9.09.0060.03 PAGE, RENEE JEAN 77.18 117.62 464 ANTON DR W 155 16.31.3422.02 PANTALEO, EMILY 85.29 133.02 1034 FAIRWOOD CT 156 3.18.0320.02 PATCHELL, CRAIG & ROXANNE 55.24 134.50 2196 KELLY CREEK DR W 157 10.10.2490.01 PERALES, YVETTE & NOEL, ERROL 52.89 81.16 2151 TEANO DR W 158 15.21.2192.03 PETERSON, DEANN 102.69 153.95 3107 KANDICE ST W 159 15.22.1058.02 PIPER, LARRY & DEBI 82.68 262.53 2018 WATERFALL AVE N 160 15.21.0100.02 PIPPIN, JEFF 167.80 196.07 2592 WATERSTONE WAY N CANCELED D/P PER CUSTOMER WRITTEN REQUEST UNTIL FURTHER NOTICE --DB 3/27/08 161 5.50.1907.02 PLAZA, CHRISTOPHER L & TINA 87.23 138.36 5541 ROSA SPRINGS AVE N 162 13.13.4040.02 POPE, GERARD & JANET 59.54 137.02 5060 TOURNAMENT DR W 163 17.79.0508.04 POTTS, DAVID & CONNIE 55.11 119.82 2158 COUGAR WAY N 164 4.70.0032.02 PRITCHETT, HEATHER 76.88 124.92 5672 BERGMAN AVE N 165 17.34.1606.04 QUEEN, D. & MAGNUSON, J. 63.85 216.53 2671 CARIBOU WAY N 166 9.09.0262.02 RAMAGE, RICHARD & JOYCE 76.11 107.13 3627 ELSINORE WAY N CASH ONLY FOR RENTER (D. KELLEY) PERMANENTLY --WROTE NSF TO GET/KEEP WATER ON AND NSF'S PRIOR TO THIS ONE. --DB 5/22/07 167 16.32.0712.02 RAMIREZ, M. & D. SMITH, P & S 56.72 250.92 287 WILLOWBROOK DR W RENTER PAYS TOTAL DUE + FEE CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Standard Payment Customers Page: 14 Aug 12, 2008 04:12pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 168 15.21.2880.04 RICHARDSON, VANESSA RACHELL 89.07 238.57 3006 FOXTROTTER DR W 169 17.34.1658.05 RIFE, KATIE 98.99 283.20 2695 WOLVERINE AVE N NO ARRANGEMENTS ALLOWED AND CASH ONLY TIL 9/25/08 DUE TO CHECK WRITTEN ON CLOSED ACCT. TO GET/KEEP WATER ON--DB 9/25/07 170 16.07.072.1.02 RIGBY, LAWRENCE K 77.82 136.06 1052 STANHOPE ST W 171 9.09.0716.02 RIGGS, GARY 76.30 137.95 3860 FRANDON AVE N RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS FOR RENTERS PER THE PM!! 172 17.33.2348.01 RIPOLL, RHONDA 73.97 139.45 628 WOODBURY DR E NO ARRANGEMENTS ALLOWED PER JAYCEE-MUBS SUPERVISOR-PERMANENTLY!!! 173 15.21.3070.02 KIST, MICHAEL & LYNN, MERRY 108.81 193.35 2921 JOUST ST W RENTER (BANNER) IS NOW CASH ONLY PERM. WROTE NSF TO GET/KEEP WATER ON--HAS NSF'S IN PAST.--DB 3/27/08 RENTER (BANNER) IS CASH ONLY TIL 11/13/07 DUE TO NSF AT PREVIOUS PROPERTY.--DB 8/29/07 174 10.10.0078.01 ROBERSON, JACK 77.42 125.67 3073 PUDU ST W 175 9.20.0104.03 ROGERS, JANIE & HAYES, JAMES 70.44 144.28 3779 LORNA PL N 176. 9.09.9064.03 RUDLOFF, RONALD 59.67 144.52 1424 YOSEMITE ST W 177 5.50.3201.02 RUSSELL, TODD & WENDY 55.11 128.16 726 SEGUNDO ST E 178 17.07.0410.04 SABINO, JANENE 82.38 129.00 929 STORMY DR E RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS FOR THE RENTERS CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 15 Standard Payment Customers Aug 12, 2008 04:12pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance PER PM!!! 179 14.19.0224.08 SACKMAN, JASON 50.55 136.26 2609 TURNBERRY WAY N 180 19.10.0916.02 SANCHEZ, AUGUSTIN & LAZARO 97.15 156.82 4322 ARCH DR E 181 16.32.1686.05 SANCHEZ, JAVIER 76.66 229.06 29 WATERBURY DR W 182 7.40.0280.02 SCHUSTER, FORREST & DEBBIE 58.75 173.54 1657 SUMMERRIDGE DR E 183 15.21.2024.03 SCHWISOW, JERRY & LOIS 75.74 164.99 2948 GEMSTONE DR W 184 15.15.0764.02 SILVA, MANUEL & MARIA 85.03 140.62 2558 ROUGH STONE PL N 185 15.21.1734.05 SMITH, BRENTLEY & SARAH 81.13 191.32 2053 KRISTEN WAY 186 3.90.0607.02 SORENSEN, M. 50.05 100.21 3063 DITCH CREEK ST W 187 15.22.2342.02 SPANBAUER, TODD & LISA 70.64 155.94 3026 ROUGH STONE WAY N' 188 15.22.1484.01 STALEY, JAMES 77.04 105.31 1701 SANDALWOOD DR W 189 17.34.0820.02 STINGER, DAVE & ROHNDA 113.67 207.21 975 BLUE HERON ST E 190 15.21.0152.02 STODDARD, NORMAN 97.09 284.08 2486 LEANN WAY N NO ARRANGEMENTS AND CASH ONLY TIL 9/21/08 DUE TO CUSTOMER WRITING NSF TO GET/KEEP WATER ON. --DB 9/27/07 191 10.10.1066.02 STOESSER, RICHARD & PATRICIA 50.84 125.18 2525 PRIMELAND DR W 192 16.31.3004.03 STON, JOE F 82.18 185.69 2306 WEST 15TH ST N 193 17.34.2044.03 STOTTS, JAMES & ROBIN 76.30 239.33 1855 TEARE AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 16 Standard Payment Customers Aug 12, 2008 04:13pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 194 16.32.1076.03 THI PHAM, HONG -VAN 24 CHRISFIELD.DR W 122.03 360.69 195 9.09.0338.02 THOMSEN, DAVY 55.24 164.24 3826 GREENWICH WAY N 196 7.48.0914.02 TREAT, CHARLES & CAROL 68.66 107.48 2561 SATTERFIELD ST E NO ARRANGEMENTS ALLOWED FOR RENTERS PER THE PM ---RENTER PAYS TOTAL DUE + FEE 197 17.79.0207.02 TURCOTTE, TINAE 186.91 232.90 756 BLUE HERON ST E 198 5.50.1102.02 TURLEY, GRANT & KATIE 50.52 114.81 836 SENITA CANYON ST E 199 17.33.2334.03 URANGA, NICK 68.30 160.33 637 WOODBURY DR E RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNERM 200 13.13.6096.03 VALENZUELA, ISMAEL 80.14 174.92 4853 SHIRDALE CT W 201 15.21.1582.04 VASQUEZ, JOE & DELIA 54.38 125.31 2741 JANELLE ST W 202 18.42.2526.01 WALLACE, CRYSTAL 104.00 224.31 2400 LAUGHRIDGE AVE N 203 17.79.0506.02 WALLACE, J. & JANSEN, R. 61.06 131.46 2194 COUGAR WAY N 204 17.34.3246.02 WATERS, STEVEN & JENNY 60.29 184.39 1451 RINGNECK DR E 205 19.10.1737.02 WESTERGARD, DONN & VAL 87.67 136.20 4270 GRANGER DR E RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 17 Standard Payment Customers Aug 12, 2008 04:14pm Current Period: 08/20/2008 - Transactions Included Through: 08/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 206 15.21.2924.02 WHEELER, CALVIN & RUTH 63.06 184.37 2643 MORELLO AVE N 207 19.10.1606.03 WHITING, LYNETTE 92.76 146.48 4329 SPEARFISH DR E NO ARRANGEMENT ALLOWED PER OWNER!!!.!!!!!!!! 208 17.34.1800.02 WILLIAMS, KENNETH 54.22 157.90 1090 WILLOWBROOK DR E 209 7.48.1109.03 WILLIAMS, RANDALL 70.89 123.58 2559 OMERA ST E 210 14.20.1910.02 WINN, MICHELLE 89.06 196.96 1865 INTERLACHEN WAY 211 14.19.1286.04 WITT, CARRIE 129.38 162.08. 4590 DAWSON DR W RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER!'!! 212 9.92.1308.03 WOODSON, ERIC 221.60 249.87 4723 ZACHARY WAY N 213 18.42.2478.03 WRIGHT, MICHAEL 81.75 149.37 2479 SEQUOIA AVE N CANCELED D/P DUE TO 2ND ONE RETURNED AS ACCT. CLOSED -DB 5/13/08 PUT ON D/P 12/14/06 ---DB 214 9.92.0416.04 YOUNGSTROM, FRANK 81.04 131.20 1234 COBBLEFIELD CT W 215 14.14.4462.02 ZAMPERINI, PETE & SHERYL 103.77 268.57 3782 PATEL DR W Grand Totals: 215 Customers Listed 17,592.08 36,649.85 Report Criteria: Terminated customers not included Customer.Cust No O = {<}7700000001 Customer.Bill Cycle = 2 Custom er.d isconnected = No Customer.shut off list = No