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HomeMy WebLinkAbout2009-02-10• • E IDIAN. -, 'AH CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING AGENDA Tuesday, February 10, 2009 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, alt presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll -call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Executive Session per Idaho State Code 67-2345(1)(f) — (to consider and advise its legal representatives in pending litigation); Adjourn at 7:00 PM Meridian City Council Pre -Council Meeting Agenda — February 10, 2009 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. 2. 3. • (:*M*`ERjDIAN*,,_(--, CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING AGENDA Tuesday, February 10, 2009 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho `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 best of the ability of the presenter." Roll -call Attendance: David Zaremba ,( Brad Hoaglun _ Charlie Rountree Keith Bird Mayor Tammy de Weerd Adoption of the Agenda: A;proVe, Z Executive Session per Idaho State Code 67-2345(1)(f) — (to consider and advise its legal representatives in pending litigation); 4y,�W� 7'oof?m. Meridian City Council Pre -Council Meeting Agenda — February 10, 2009 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. �E IDIAN-- • fUaNr NOTICE OF PRE -COUNCIL MEETING MERIDIAN CITY COUNCIL Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre -Council Meeting in the City Council Chambers, Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, on Tuesday, February 10, 2009 at 6:00 P.M. The Meridian City Council will be discussing the following agenda item: Executive Session per Idaho State Code 67-2345(1)(t) — (to consider and advise its legal representatives in pending litigation) The public is welcome to attend the meeting. DATED this 6th day of February, 2009 ```,,�����,,,,�' Corr YC HOLMAN — CITI CL l K e If Meridian City Pre -Council Meeting Agenda — February 10, 2009 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pubk meeting. • 0 Meridian City Pre -Council Meeting February 10, 2009 A Pre -Council meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, February 10, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Tara Green. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and open tonight's Pre -Council meeting. It -- for the record it is Tuesday, February 10th. It's 6:00 o'clock. I will start with roll -call attendance. Item 2: Adoption of the Agenda: De Weerd: Thank you. Okay. Item 2 is adopt the agenda. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move we adopt the agenda as published. Bird: Second. De Weerd: Okay. I have a motion and a second. All those in favor say aye. All ayes. motion carried. MOTION CARRIED: ALL AYES. Item 3: Executive Session per Idaho State Code 67-2345(1)(f) — (to consider and advise its legal representatives in pending litigation); De Weerd: Okay. Our next item is to adjourn into Executive Session. Do I have a motion? Bird: Madam Mayor? Meridian City Council — Pre -Council Mee6'iij February 10, 2009 Page 2 of 3 De Weerd: Mr. Bird. E Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: Okay. I have a motion and a second to adjourn into Executive Session. Will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: I'm going to bring us back out of Executive Session. Bird: Mr. President, I move we come out of Executive Session. Hoaglun: Second. Rountree: It's been moved and seconded to come out of Executive Session. All those in favor? MOTION CARRIED: ALL AYES. Rountree: That concludes our Pre -Council meeting. I need a motion. Bird: Madam Mayor -- Rountree: Thank you. Bird: Mr. -- I move we adjourn the special meeting. Hoaglun: Second. Rountree: It's been moved and seconded to adjourn this special Pre -Council meeting. Zaremba: Second. Rountree: All those in favor? MOTION CARRIED: ALL AYES. Rountree: We are right on it today -- tonight. We will have about a five to ten minute break to get reorganized and open up the regular City Council meeting. Meridian City Council — Pre -Council Meett'ng February 10, 2009 Page 3 of 3 MEETING ADJOURNED AT 7:00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) V,MAYOR TAMMY De WEERD 0 0a F1 / 09 DATE APPROVED ATTEST: rv--->VIM- JAYCEE L. HOLMAN, CI February 6, 2009 Pre -Council MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT ITEM NO. 3 REQUEST Executive Session per Idaho State Code 67-2345(1)(f) 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 prbpeUy of the by of Morion. • AGENDA NAME 2-10-09 ocoAwcta, ----] • REVISED (YES/NO) No REVISED DATE: BACK TABLE FOR P & Z OR CIC DOOR OF CHAMBERS CLERKS STATION CITY COUNCIL SEATS CLERKS WALL CALENDAR REPOST IN LOBBY REFAX WEBSITE WEBUNK E-MAIL [� o� Initial: Dates Time: e-4S� � ?Uditc ��cc-Thc�KGl, I, CM"%-ERjDIAM!-., CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING AGENDA Tuesday, February 10, 2009 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho `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 best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Executive Session per Idaho State Code 67-2345(1)(f) — (to consider and advise its legal representatives in pending litigation); Meridian City Council Pre -Council Meeting Agenda — February 10, 2009 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Mayor Tammy de Weerd I L City Council Members: EKeith Bird Joe Borton Charles Rountree David Zaremba 'O; NOTICE OF PRE -COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre -Council Meeting in the City Council Chambers, Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, on Tuesday, February 10, 2009 at 6:00 P.M. The Meridian City Council will be discussing the following agenda item: Executive Session per Idaho State Code 67-2345(l)(t) — (to consider and advise its legal representatives in pending litigation) The public is welcome to attend the meeting. DATED this 6th day of February, 2009 OF jXYCU HOLMAN - CIT' CL TC �C i Meridian City Pre -Council Meeting Agenda — February 10, 2009 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the p ic meeting. • C� fEFjDIAN-;, - - CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, February 10, 2009 at 7:00 p.m. "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: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Gordon Slyter with Treasure Valley Baptist Worship Center: 4. Adoption of the Agenda: 5. Environmental Award Presentation to Metro Express Carwash: 6. Consent Agenda: A. Tabled from January 27, 2009: Findings of Fact and Conclusions of Law for Approval: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C -G zoning district for Overland Village by Relo Development — 3330 East Overland Road: 7. Department Reports: A. Legal Department — Bill Nary: Meridian City Council Meeting Agenda — February 10, 2009 Page 1 of 3 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. 1. SWAC recommendation of $2,150.00 to be awarded to Meridian Parks & Recreation for costs for installing playground equipment in Gordon Harris Park: 2. SWAC recommendation to not fund Mountain View High School's Green Club request for funding to start a recycling program within the school: B. Planning Department: 1. Clarification of Development Agreement for Overland Village: 8. Items Moved from Consent Agenda: 9. Tabled from January 27, 2009: FP 08-021 Request for Final Plat approval for 7 building lots on 25.87 acres in C -N and L -O zoning districts for Education Campus Subdivision No. 2 by Joint School District No. 2 — south of East Leigh Field Drive and east of North Locust Grove Road: 10. FP 09-001 Request for Final Plat Application of 38 single-family lots and 8 common lots on 11.63 acres in an R-8 zoning district for Oakcreek Subdivision No. 1 by Coleman Homes — south of West McMillan Road and west of North Black Cat Road: 11. Public Hearing: Adoption of Meridian City Clerk's Fee Schedule: 12. Resolution No. Adopting Meridian City Clerk's Office Fee Schedule: 13. Public Hearing: 2007 Action Plan Amendment for Meridian's Community Development Block Grant (CDBG) Program: 14. Public Hearing: MDA 08-007 Request to modify the Development Agreement for Solitude Place Subdivision by Solitude Development, LLC — east side of Meridian Road and south of McMillan Road: 15. Public Hearing: MDA 08-008 Request to modify the Development Agreement for Knight Sky Estates by Sea to Sea, LLC — 6555 North Linder Road: 16. Public Hearing: MDA 09-001 Request to modify the Development Agreement for Ambercreek Subdivision No. 2 by Land Pro Development, Inc. — North Meridian Road and West McMillan Road: Meridian City Council Meeting Agenda — February 10, 2009 Page 2 of 3 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. 17. Ordinance No. 09-1395 Deleting In -Code References to Clerk's Office Fees: (3r Reading) 18. Ordinance No. 09-1397: Parking Code (2nd & 3rd Reading): Meridian City Council Meeting Agenda — February 10, 2009 Page 3 of 3 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 � WE NI D. LIIAN,� CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, February 10, 2009 at 7:00 p.m. `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 Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Ron Anderson 3. Community Invocation by Gordon Slyter with Treasure Valley Baptist Worship Center: 4. Adoption of the Agenda: Approve as Amended 5. Environmental Award Presentation to Metro Express Carwash: Presented 6. Consent Agenda: Approve 8-A. Tabled from January 27, 2009: Findings of Fact and Conclusions of Law for Approval: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C -G zoning district for Overland Village by Relo Development — 3330 East Overland Road: Table to February 17, 2009 7. Department Reports: A. Legal Department — Bill Nary: Meridian City Council Meeting Agenda — February 10, 2009 Page 1 of 3 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. 1. SWAC recommendation of $2,150.00 to be awarded to Meridian Parks & Recreation for costs for installing playground equipment in Gordon Harris Park: Approve 2. SWAC recommendation to not fund Mountain View High School's Green Club request for funding to start a recycling program within the school: No Action Taken B. Planning Department: 1. Clarification of Development Agreement for Overland Village: Motion to Not Include a Sunset Clause C. Fire Department — Ron Anderson: 1. Dairy Barn Service Request to Waive Fees: Approve Waiver of Fees 8. Items Moved from Consent Agenda: 8-A 9. Tabled from January 27, 2009: FP 08-021 Request for Final Plat approval for 7 building lots on 25.87 acres in C -N and L -O zoning districts for Education Campus Subdivision No. 2 by Joint School District No. 2 — south of East Leigh Field Drive and east of North Locust Grove Road: Approve 10. FP 09-001 Request for Final Plat Application of 38 single-family lots and 8 common lots on 11.63 acres in an R-8 zoning district for Oakcreek Subdivision No. 1 by Coleman Homes — south of West McMillan Road and west of North Black Cat Road: Approve 11. Public Hearing: Adoption of Meridian City Clerk's Fee Schedule: Close Public Hearing -- Approve 12. Resolution No. 09-651 Adopting Meridian City Clerk's Office Fee Schedule: Approve 13. Public Hearing: 2007 Action Plan Amendment for Meridian's Community Development Block Grant (CDBG) Program: Leave Public Hearing Open for 30 Days and Bring Back. 14. Public Hearing: MDA 08-007 Request to modify the Development Agreement for Solitude Place Subdivision by Solitude Development, LLC — east side of Meridian Road and south of McMillan Road: Continue Public Hearing to February 24, 2009 Meridian City Council Meeting Agenda — February 10, 2009 Page 2 of 3 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. 15. Public Hearing: MDA 08-008 Request to modify the Development Agreement for Knight Sky Estates by Sea to Sea, LLC — 6555 North Linder Road: Approve — Attorney to Prepare Development Agreement 16. Public Hearing: MDA 09-001 Request to modify the Development Agreement for Ambercreek Subdivision No. 2 by Land Pro Development, Inc. — North Meridian Road and West McMillan Road: Approve — Attorney to Prepare Development Agreement 17. Ordinance No. 09-1395 : Deleting In -Code References to Clerk's Office Fees: (3r Reading): Approve 18. Ordinance No. 09-1397: Parking Code (2nd & 3rd Reading): Approve Adjourn at 8:40 PM Meridian City Council Meeting Agenda — February 10, 2009 Page 3 of 3 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. E IDIAN • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, February 10, 2009 at 7:00 p.m. Mayor's Updated/Noted Agenda "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: David Zaremba / Brad Hoaglun Charlie Rountre- Keith Bird Z\Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Gordon Slyter with Treasure Valley Baptist Worship Center: 4. Adoption of the Agenda: A F jo r -o /ci H I 5. Environmental Award Presentation to Metro Express Carwash: Consent Agenda: A. Tabled from January 27, 2009: Findings of Fact and Conclusions of Law for Approval: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C -G zoning district for Overland Village by Relo Development - 3330 East Overland Road: Request to Table to February 17, 2009 2IZ 7. Department Reports: A. Legal Department - Bill Nary: Meridian City Council Meeting Agenda — February 10, 2009 Page 1 of 3 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. • 0 1. SWAC recommendation of $2,150.00 to be awarded to Meridian Parks & Recreation for costs for installing playground equipment in Gordon Harris Park: 6ft � 2. SWAC recommendation to not fund Mountain View High School's Green Club request for funding to start a recycling program within the school: r%.b 0.Cf iq-% B. Planning Department: 1. ClarificatiQ�d of Develo ment Agreement or Overland 3 d Village: �WV O t ,Infill ld �l"S6k C er_MV Ht Clause Z t} 8. Items Moved f om Consent Ag da: A• Fir I no,4 �erlau� v�tta� ZI 9. Tabled from Jantary 27, 2009: FP 08-021 "Request for Final Plat approval for 7 building lots on 25.87 acres in C -N and L -O zoning districts for Education Campus Subdivision No. 2 by Joint School District No. 2 - sough � of East Lei Imeld Drive and east of North Locust Grove Road: p — 10. FP 09-001 Request for Final Plat Application of 38 single-family lots and 8 common lots on 11.63 acres in an R-8 zoning district for Oakcreek Subdivision No. 1 by Coleman Homes - south of West McMillan Road and west of North Black Cat Road: help r0'vt Filt 11. Public Hearing: Adoption of Meridian i$y Jerk's F e Scbedule:'6,(o . t�t,�l t e -* Q+� tyrpo� Meridian 12. Resolution No. Proposed 09-651 Adopting City Clerk's Office Fee Schedule: ]�� � �'� o -U 13. Public Hearing: 2007 Action Plan Amendment for Meridian's Community Development Block Grant (CDBG) Program:rc- Ire 14. Public Heanng: MDA 08-007 Request to modify the Development Agreement for Solitude Place Subdivision by Solitude Development, LLC - east side of Meridian Road and south of McMillan Road: (Request to Continue to February 24, 2009 7 15. Public Hearing: MDA 08-008 Request to modify the Development Agreement for Knight Sky Estatesy,S to Sea, LLC - 6555 North Linder Road: A"Vt, Meridian City Council Meeting Agenda — February 10, 2009 Page 2 of 3 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. 0 0 16. Public Hearing: MDA 09-001 Request to modify the Development Agreement for Ambercreek Subdivision No. 2 by Land Pro Development, Inc. — North �Meridian Road and West McMillan Road: 17. Ordinance No. 9-1395 DeletingI - ' In -Code References to Clerk's Office Fees: Ord Reading) pvvca 18. Ordinance No. 09-1397: Parking Code (2nd & 3rd Reading): m -Q, Meridian City Council Meeting Agenda — February 10, 2009 Page 3 of 3 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. Meridian City Council Meetina February 10, 2009 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, February 10, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Tara Green, Nancy Radford, Clint Dolsby, Sonya Watters, Jeff Lavey, Ron Anderson, Mark Neimeyer, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and call this meeting to order. I'd like to welcome all of you here this evening. For the record it is Tuesday, February 10th. It's five minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by Chief Anderson. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) De Weerd: Thank you, Chief. I think you already have a city pin; right? Anderson: I don't have, as a matter of fact. De Weerd: You don't. Well, can I present you a pin for leading us in the pledge. Item 3: Community Invocation by Gordon Slyter with Treasure Valley Baptist Worship Center: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will led by Pastor Gordon Slyter and he is with the Treasure Valley Baptist Worship Center. If will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Slyter: Let us pray. Oh, Lord our God, we come before you tonight with thanksgiving for your many blessings, provisions, and protection. Although change is a regular part of our life, you are the God who never changes. Therefore, oh Lord, we seek to anchor Meridian City Council February 10, 2009 Page 2 of 35 ourselves, our actions, and our decisions in you. Your word says that he who dwells in the shelter of the Most High will abide in the shadow of the Almighty. He will say to the Lord my refuge and my fortress, my God in whom I trust. Tonight we declare that we trust in you and we ask for your wisdom, guidance, and counsel for all who speak, deliberate, and vote here this evening. And we pray these things through Christ, our Lord, amen. De Weerd: Thank you for being here with us this evening. It's always good seeing you. Thank you. Item 4: Adoption of the Agenda: De Weerd: Okay. Item No. 4 is the adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda there has been a request to table the only item there, which would leave no items for the Consent Agenda. Under Item 7, Department Reports, there is a request to add an Item 7-C, Fire Department report. 7-C-1. It would be a service request for the dairy bam. On the regular agenda, Item 12, the resolution number is 09-651. Item 12, which relates to Solitude Place Subdivision, there has been a request to continue that and not hear it tonight, until February 24th. Item 17, the ordinance number is 09-1395. That will be the third reading. And Item 18, the ordinance number is 09-1397. We will have both the second and the third reading. With that I move that we adopt the agenda as amended. Hoaglun: Second. De Weerd: Okay. I have a motion and a second. Clarification from staff. On the Consent Agenda was Item 6-A requested to just clarify or do we want to table it to February 17th? Watters: Madam Mayor, we would like to table it, as well as a clarification at the meeting tonight. De Weerd: So, we will want to pull this to the regular agenda -- Bird: Yeah. De Weerd: -- and so it can have clarification to come back again next week. Zaremba: Okay. I didn't understand that. The maker of the motion makes that change that -- to begin with Item 6-A would become Item 8-A. Meridian City Council • • February 10, 2009 Page 3 of 35 Hoaglun: Second agreed. De Weerd: Okay. You heard the motion with the amendment to the agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Environmental Award Presentation to Metro Express Carwash: De Weerd: Okay. No. 5 is good news. We always like to have these kind of presentations and, Steve, I don't know if you or -- yes? If you would like to present this, please. Maneck: Good Evening, Council and Madam Mayor. What I'd like to do tonight is make a presentation of our 2008 environmental excellence award and what I'd like to do is take a minute and read our -- our little PR statement we have. The City of Boise -- I'm sorry. The City of Meridian -- De Weerd: Oh, wow. You started out really -- really horrid. Rick, were you listening? Maneck: Can I do a redo on that? The City of Meridian is proud to announce Metro Express Car Wash, located at 3280 East Pine Street, has been selected as the 2008 Environmental Excellence Award recipient. This annual award is presented to a company that displays outstanding environmental efforts that greatly impacts city service operations and the general public. Several hundred companies in the City of Meridian were reviewed by the Public Works Department Environmental Division, wastewater pretreatment staff, to determine this award winner. Environmental practices, equipment, and technologies are the major selection criteria. At their new building location, Metro Express Car Wash installed a state of the art wastewater reclaim system in their vehicle wash bay that is estimated to recycle several thousand gallons of water monthly. Recently an automated pH monitoring system was installed to control the facility's final wastewater discharge. To maintain the system, a process control plan document was developed that enables their employees to properly operate and notify the city's POTW in case of an alarm situation. So, at this time what we would like to do is make that presentation of this plaque. De Weerd: Thank you. Maneck: Would you like to step down and help us do that? De Weerd: I did want to say a few words. This award has great meaning in our community. You know, as one of our goals of being good stewards to the environment, this recognizes those that kind of go -- that do go above and beyond and, you know, to -- to us we feel that our fiscal and environmental responsibility we need to recognize and celebrate those that protect our environment, so that our kids have the same things that we enjoy today. So, on behalf of the City of Meridian I'd like to read what is said Meridian City Council • February 10, 2009 Page 4 of 35 here on the plaque and, then, present that to you with our gratitude. The City of Meridian 2009 Environmental Excellence Award is presented to Metro Express Car Wash for adopting environmental friendly practices, equipment, and technologist. And, again, I would like to extend our sincere gratitude and congratulate you for this recognition. Martin: Madam Mayor, Members of the Council, thank you very much. This is a great honor for our company and our employees, our staff. We are going to display this at our site. We know that good environmental practices is good business and I'd just like to say that we have operated -- I have been in this business for 40 years and operated in communities here in Idaho and the northwest and other parts of the country and we found that -- the City of Meridian to be one of the best places that I know of to do business. So, thank you very much and we look forward to a continued mutually good relationship with the City of Meridian. Thank you very much. Item 6: Consent Agenda: De Weerd: Thank you. Okay. Item No. 6 is our Consent Agenda. Mr. Bird. Bird: Madam Mayor? De Weerd: Yes. Bird: Got one item on here and that's been asked to be removed to 8-A. So, with that I move that we approve the non -consent agenda. Zaremba: Second. De Weerd: I have a motion and a second to approve nothing on an agenda. I think I can just have a voice vote on that. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Legal Department — Bill Nary: 1. SWAC recommendation of $2,150.00 to be awarded to Meridian Parks & Recreation for costs for installing playground equipment in Gordon Harris Park: 2. SWAC recommendation to not fund Mountain View High School's Green Club request for funding to start a recycling program within the school: De Weerd: Okay. Item 7 under our Department Reports. Mr. Nary is on. Meridian City Council February 10, 2009 Page 5 of 35 Nary: Thank you, Madam Mayor, Members of the Council. This is the -- a report from the Solid Waste Advisory Committee. We had a meeting last week. The information should be in our packet. It was an additional request from the Parks Department for 2,150 dollars, which is half the cost of installation for the playground equipment that was approved previously by this Council at the recommendation of the SWAC committee. At the time of the initial request Mr. Siddoway, the parks director, was unaware that installation is -- has normally been included by other requestors for funds. So, he went back and they did pencil out the cost, because it has to be done by a certified installer, it can't be done by our own staff. So, that's why there is a charge for it, rather than our own folks doing it. So, he was not aware. He did bring it back with this being half the cost. So, they did recommend approving that. The other one -- actually, I think it's probably maybe a little misleading. I don't think you really need to take action. We had a request that wasn't necessarily complete from Mountain View High School. We were going to get back into touch with them. Their Green Club, which is their environmental friendly club that they have, was looking to start a recycling program within their school and wanted some funds to, basically, purchase recycling containers, but some of the information was incomplete, so we didn't really need to act on it, but just so you're aware, if we continue on the program that we are looking at with -- with automated -- automated collection in the fall, we may have somewhere between five and ten thousand bins that will be available that can be used for this type of purpose. So, we think that we probably can meet this need through SSC's efforts, but you don't need to take any action on it, because they hadn't really completed the application. We didn't really discuss, really, a denial. So, I think this is just a little misleading. We really only need action on item one. De Weerd: Okay. Council, any questions? Rountree: I have none. Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Item 7-A-1, the SWAC recommendation of 2,150 dollars for the cost of installing playground equipment at Gordon Harris Park. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to approve the recommendation by our SWAC. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council • February 10, 2009 Page 6 of 35 MOTION CARRIED: ALL AYES. B. Planning Department: 1. Clarification of Development Agreement for Overland Village: De Weerd: Thank you. Okay. We did have a Consent Agenda item moved to No. 8. Sonya, are you -- Rountree: We are on — Bird: Madam Mayor -- Rountree: -- B. Zaremba: We, actually, have a B and a C. Item 8: Items Moved from Consent Agenda: A. Tabled from January 27, 2009: Findings of Fact and Conclusions of Law for Approval: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C -G zoning district for Overland Village by Relo Development — 3330 East Overland Road: De Weerd: Oh. See, I already skipped you. Well, I was calling on you anyway. Just trying to speed this meeting along. Okay. Item B is our Planning Department. Watters: Thank you, Madam Mayor, Members of the Council. The applicant for the Overland Village annexation application has requested a clarification from City Council of their motion from the hearing on December 2nd prior to approval of the findings. It was discussed that the applicant would provide a letter of credit to the city for their proportionate share of the construction cost of an off-site bridge across the Five Mile Creek. The applicant had discussed placing an expiration date on the letter of credit, so that it wouldn't be held for an indefinite time period and to provide an incentive to adjacent properties to develop and take advantage of this off-site funding assistance. Council approved the project per all staff, applicant, and other department agency comments, but did not specifically discuss or approve a sunset clause on the letter of credit. Council should clarify if they intended to approve the sunset clause and, if so, for what time period. And the applicant is in the audience if you have any questions tonight. De Weerd: Okay. Council, any questions of the applicant? Rountree: I have none. Meridian City Council is February 10, 2009 Page 7 of 35 Bird: I have none. 0 De Weerd: Okay. So, the request is clarification on this development agreement. Bird: The sunset. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is that typical? We don't typically have a sunset on them, do we? De Weerd: Not that I remember. Zaremba: How does a letter of credit end? When the project is done, the applicant applies to us for the letter back or something like that? De Weerd: Mr. Nary, could you, please, explain that process. Nary: Madam Mayor, Members of the Council, I think -- yeah. You're correct. I'm not aware of -- of the city granting a sunset clause on a letter of credit. Normally, of course, it's held for completion of something on the project itself. And so the city would hold it until it's either completed or we have to complete it ourself and so we have to cash it. Normally when it's completed they will request release. It doesn't come back in front of you. We certainly -- we would, then, release it if it's completed. There is no reason -- I mean certainly if they want to, the applicant can request that at any particular point. If it's not completed yet, we would probably deny it. They would make another request to come in front of you for consideration. On this one, because -- if you recall this project, it was unclear as to what the timing of the -- the companion piece next to this property would get developed. That was the reason for the letter of credit for the bridge to provide that connectivity. Again, an expiration -- I think, again -- I think Mr. Borton did discuss it or Mr. Nickel did discuss it on the record. It wasn't part of your motion and that's the reason we are asking for clarification. If you intended it to be part of the -- your motion, because it's not in the staff report. But it is -- it wouldn't be -- it isn't common, because, again, we don't know when it's going to be necessary -- if you put a sunset clause on it, then, you have -- at some point you're, then, making a decision as a Council that if the bridge isn't built by a certain period of time, then, at least this property doesn't have to provide any funding for it. That wasn't what your -- the nature of your discussion was at the time, so -- it's up to you. Zaremba: Thank you. De Weerd: Okay. Council? Nary: Madam Mayor? Meridian City Council February 10, 2009 Page 8 of 35 De Weerd: Mr. Nary. Nary: One other thing. If the Council does not wish to grant it, you would probably need to make a motion that was not your intent, so that we have some closure on this issue. The findings that we moved to Item 8-13 -- or 8-A do not include a sunset clause. So, if that's your direction, we can approve the findings tonight. If you want us to include a sunset clause, then, we would need to take the findings back and bring them back next week. Watters: If -- excuse me. If I could just interrupt. The findings were requested to be tabled until the next week's meeting, the 17th. They are not ready to be approved tonight. Nary: Oh. Okay. My mistake. I'm song. I thought they were done but for that. Watters: They are actually complete. However, I did not transmit them out to every one of you, because of this request for clarification. De Weerd: Okay. Council, we need a clarification on -- for this development agreement. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While we I don't believe have ever given sunset clauses on letters of credit, with this particular development that -- what they are giving a letter of credit on depends on not their project, as much as a future project down the line and we would be tying up 5.6 percent of the offset of the cost of the off-site crossing and that could -- that letter of credit could sit in here for 20 years if the other thing don't go through and we tie that money up on this developer. I don't want to start something that it might come back to get us later, but I also understand why this developer, having no control over the property to the east where this bridge is -- southeast or northeast I mean. I could -- under those circumstances I believe I could go for a sunset clause of five years with like -- like anything else with revisions that we could extend it after five years if deemed necessary, the Council could. So, I don't know. I got -- I don't want to tie their hands, but in the same token I want to get a bridge done. I don't want to be like we have in other areas where we haven't insisted upon helping with a bridge and wind up not getting one, but I don't want to tie -- I don't want to some guy's 5.6 percent cost up with a letter of credit for, you know, ten, 15 years, which could be. In this economy we don't know. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council • February 10, 2009 Page 9 of 35 Nary: Madam Mayor, Members of the Council -- and certainly if you want to hear from Mr. Borton or Mr. Nickel on this issue, but nothing forecloses the applicant from coming back to you at any point in the future and requesting the same thing. Whether it's a year from now or five years from now, if there appears to be no movement on that property -- I mean they can always request it. All they are asking is to put it in the agreement up front and I think the only reason staff was apprehensive is just because, obviously, it's the same thing you just raised, Mr. Bird, we don't have any idea when those other events could occur. So, I -- I mean I do think it's -- I do think your point's valid, I just wanted you to know -- I mean they can always request this, too, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I -- and, Bill, I agree a hundred percent, they can, but, you know, they can come back in six months, but -- so, I would have no problems as a Councilman approving a five year sunset or a 60 month sunset clause on that condition. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm -- this is probably an alternate view, but even the letter of credit is an alternative -- ACHD usually asks for that fund to be given them right away. If we are all assuming that the bridge is going to be built at some point, ACHD would hold the actual money for half the bridge at the current cost. Now, I agree that that's painful to have that go on forever. I'm satisfied that a letter of credit would be probably a cheaper way on the applicant to get it done. I'm a little leery of having a sunset on it, particularly in light of Mr. Nary's point that if there ever was a time where it looked like that bridge was never going to be built, the applicant could come back at that time and ask for the Council's consideration. Before Mr. Nary spoke I was going to suggest that instead of having it sunset at five years, we said that it would be reconsidered in five years. But since the applicant can ask for that reconsideration anytime they want, I think I would not offer a sunset. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I was not at this particular meeting, so I probably will not vote on this issue, but I guess just an observation of what I read. What -- there is a really good deal for the developer, particularly if it takes 20 years to get a bridge in place. But it isn't good in terms of tying up their money that long. And it isn't particularly good for the city, Meridian City Council February 10, 2009 Page 10 of 35 because in 20 years that bridge is going to cost way more than the value you assigned of the letter of credit right now. So, I think this whole idea of a letter of credit for the extended period of time doesn't work. If, in fact, we want to get a bridge there, I think the funding mechanism is if it's 5.6 percent of the cost of that bridge today is what is the cost to this development, that ought to be funded in an account with the city or ACHD for that purpose and at some point in time in the future when that bridge gets built, that money will be there. Otherwise, 5.6 percent of the project today 20 years from now might get a consultant hired to design the bridge. De Weerd: Well, you have heard three kind of different things. How about you, Councilman Hoaglun? Hoaglun: You bet. Let me weigh in on this as well. I can understand the applicant -- their request on this, because as we went through that we clearly saw that they did not have control over the whole develop of that property. I mean they were -- they had a small portion of that that they had to put in for that bridge and they were really at the mercy of the major developer at that site and we really don't know what's going to happen, when it will happen, and different things like that. They are ready to go. They -- for this application, but I can understand why they don't want to tie that money up forever. But with the information from Mr. Nary, knowing that they can come forward -- if that other developer does not move forward and they see this is not going to happen and they need to go in another direction, I'm open to that discussion on what to do with that bridge and that letter of credit. And if they do that in two years or five years, you know, if I'm still here, then, I think we ought to hear it and take a hard look at it and see if we free up that money for them. But I don't -- I don't think we need to go to a sunset date and start something new down the road that we might have other requests for. But I think if we are open to the fact that we understand this issue and know what they are up against, that we -- I don't think we'd act unreasonably to that request if the circumstances change. So, that's my two cents on this. De Weerd: Thank you. Well, you have heard from -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: And if I may add another thought that just came me and I'm trying to remember -- may have been Deputy Fire Chief Silva, I believe, said that the number of accesses that are required to this project include the access where the bridge would be built and for the whole project to be approved that bridge does need to be there eventually. So, I just throw that into the mix, if I remember that correctly. De Weerd: Okay. Council, we have heard from each one of you. Do you have enough to make a decision on? Do I have a motion? Do you want to hear from the applicant? What's your pleasure? Meridian City Council February 10, 2009 Page 11 of 35 Hoaglun: Madam Mayor, I'm not opposed if the applicant wants to put his two cents in, if he keeps it fairly brief, but -- De Weerd: We will time him. We will give him a minute. Would you like to comment? If you will, please, state your name and address for the record. Borton: Thank you. Joe Borton. 6223 Discovery Way in Boise. Madam Mayor, Members of the Council, I appreciate the comments. I think what I hear the Council saying is -- and I understand the concern both ways. If it's the Council's desire to not have the expiration date on it -- really, what we thought the intent there was to really incentivize those adjacent property owners to develop. They have got money to assist, but it's not there forever. We think that would be effective. In lieu of having a 60 month expiration date at the very least and knowing that we can come back before this Council and request termination, you know, what is said here I think will go a long way to perhaps what a future Council in three or four years has to decide. We want to incentivize that to get done. So, if it's -- we can come back and we surely will in four years, if not sooner, to ask for that to be expired -- that letter of credit to expire, if there is some direction from this Council that supports that that -- supports this intent to encourage adjacent development, so when we come back, quite frankly bring these minutes and let the Mayor and Council know that was the intent, because our fear is we -- if we come back in four years, there will be a desire from that Council to, then, say, well, let's wait five more years. And as Councilman Bird brought up, it really does hamper the applicant's ability finance not only this project, but other projects. So, we prefer the expiration, but, if not, we prefer some direction that will support us in four years, four and a half years, if nothing else has happened on the adjacent property. De Weerd: Well, I guess, Mr. Borton, the discussion about the bridge, you know, it's a key connection and I guess that's why there is a reluctance to put any kind of time frame. Certainly it is an incentive to the adjacent property owner, but, you know, we do want to see it get built and if it looks in five years that -- to come back, I think, then, you plead your case again. Borton: Madam Mayor? De Weerd: Yes. Borton: And we surely will and -- but what we are going to make sure we do convey is it's not set in stone necessarily that there is a letter of credit out for 30 years and adjacent properties can take their time. And I'm not saying they would and I don't necessarily think they would, but we really want to help, because when we talked about it in our presentation, this region as a whole when it develops requires that crossing and if there is anything that we can do in our process that helps speed that along, which I know is the city's desire as well, that's the intent on trying to push -- if not a technical expiration date, an openness to have it expire if there is not some activity. Bird: Madam Mayor? Meridian City Council February 10, 2009 Page 12 of 35 De Weerd: Mr. Bird. Bird: It isn't clear -- how did we get the cost of the off site crossing for that 5.6 percent? Did we come up with a -- a cost? Borton: Madam Mayor, Councilman Bird, we brought engineering estimates at the annexation hearing. Bird: That's what was accepted? Yeah. Because I'm like Mr. Rountree, it's -- right now the cost isn't going to be the same as it is two, three, four, five years from now. De Weerd: Mr. Bird, I guess we -- in other cases where they have had to make these kinds of deposits, they have that same risk. I know we have -- we have taken recommendations from Ada County Highway District on traffic lights and intersection improvements and -- and a number of different things and that's what they deal with at those times. I do understand what Councilman Rountree is also saying is at some point do you identify the amount at the estimate and it can't be more than that? But that's a different agency. I don't know what they do. Bird: I was going to say, our letter of credit's not going to be any more than 5.6 percent of what it would cost today. De Weerd: But just in interest of moving this along, if there is a motion to consider on at least clarifying it for today, I would entertain that. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I will attempt to float a motion. I move that we clarify the development agreement for Overland Village to not include a sunset on the letter of credit for the bridge, that -- and understanding that that does in no way preclude the applicant from, at a time of their choosing in the future, to come and ask for that letter to be waived or rescinded or whatever. Hoaglun: I'd second that motion. De Weerd: Okay. I have a motion and a second and the need for clarification. Mr. Nary, if we don't have those findings in front of us right now, we just -- we are just moving to clarify what is expected to be in the development agreement; is that correct? Nary: Madam Mayor, Members of the Council, it is correct. What I was going to ask -- and now that Council Member Zaremba has made this motion, maybe you'd not be interested in that -- we could put a clause into the development agreement -- and I just crafted one out here real quickly, it doesn't have to be this, but we could put a clause in Meridian City Council • • February 10, 2009 Page 13 of 35 there, if what Mr. Borton is requesting is that some way your intent today could be transmitted at that point in the future, we could put a clause that will say something to the effect: The City Council would consider eliminating this letter of credit within 60 months if no evidence existed of a bridge connection is necessary or too remote in time to be constructed to make continuing -- the continuing requirement of a letter of credit necessary for this development agreement. It just leaves it open, it just says you're going to consider it, it doesn't require you eliminate it, it does state your intent today that you would consider it within the next five years, but would want some other evidence that says either the bridge connection isn't necessary, because, again, we don't know what that project next door would ever develop into, it may or may not be necessary, or, again, it a field five years from now and no one looks like they are going to buy it or build anything on it and you can consider that. So, you could put that in the agreement and that makes it clear or we could just leave these minutes if you want, it doesn't matter to me. I'm sure we will all be here five years from now, so it probably won't matter. And I don't know if Mr. Borton has a preference, so -- De Weerd: Well, we do have a motion and a second on the table. Is there further discussion or desire to change anything? Zaremba: I do appreciate the input, but I would let my motion stand as stated. De Weerd: Okay. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, abstain; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. De Weerd: Thank you. Okay. So, Item 8, we need to, then, table to next week. Bird: Madam Mayor? De Weerd: Mr. Bird. C: Fire Department: 1. Dairy Barn Restroom. Bird: Didn't we add an Item C, Fire Department, to our -- Zaremba: 7-C-1. De Weerd: Oh, I'm song, I didn't add that. Zaremba: Department Report from the Fire Department. De Weerd: So, that's why you're here. Meridian City Council February 10, 2009 Page 14 of 35 Nary: He really wanted that pin. Hoaglun: Madam Mayor, as he's handing that out, just a comment for Mr. Borton. You know, if you dubbed that a shovel ready project, there is billions of dollars now out there that could be used to build that thing. Rountree: Just get a hold of the new senator. Hoaglun: That's right. Just a thought. Just a thought. Our new senator voted no on that thing. Anderson: Madam Mayor and Council, I come before you tonight to ask for a waiver of the hook-up fees for water and sewer for the dairy bam. As you know, the firefighters have been trying to make some improvements down at the dairy bam and that's the site where we hold many of our community events, such as the salmon barbecue and also the upcoming chili feed and so one of the things that we are trying to do to make improvements there is put some bathroom facilities in there and in checking on the layout of that, the sewer that is stubbed into the speedway right now -- actually, there is a bathroom at each end of the grandstands that you see along Meridian Road and the sewer runs from each restroom down to the center and, then, goes out into the street. So, it's quite a ways from the dairy bam. It's also timely, because there is a construction project, phase one of the split corridor, where they are going to start this weekend laying a new sewer line in the intersection of Franklin Road and Meridian and running it south towards the speedway. So, in order to get a sewer connection to go to that dairy bam, we need to get this approved by you guys and, then, see if we can't get that to happen as they lay that sewer line down there. The reason I'm asking for this waiver is I really don't think that the dairy bam would qualify I guess under the technical definitions that we have, because it's not going to be a big use. I mean that dairy bam gets used maybe two or three times a year for a community event like that, so it's not like it's going to be using water and sewer connection on a -- on a daily basis. It would just be a few days out of the year. So, we are having to do fundraising projects to try to raise the money to do the bathrooms and if we have to pay 7,400 dollars, where an additional 3,877 in hook-ups, that's going to make it very difficult for us to put in those restrooms. So, what we are asking for is a waiver of the hook-up fees in the amount of the 3,877 dollars. De Weerd: Council, any questions on this request? Zaremba: Madam Mayor? De Weerd: It's certainly a very good one. Zaremba: The chief mentioned it, but I would comment that the firefighters are volunteering a lot of their time to do this, there have been, I believe, some donations of the supplies that went into the improvements that they have already made and are • Meridian City Council February 10, 2009 Page 15 of 35 continuing to make. My personal opinion is that the city gets a benefit -- a community benefit from the activities that are done there and I would be in favor of approving the waiver of the fees. Bird: Is that a motion? Zaremba: It was discussion, but I could make it a motion. De Weerd: It sounded like a motion to me. Zaremba: Okay. I move that we waive the fees. Bird: I'll second it. De Weerd: Okay. Any discussion? Hoaglun: Although it will change the historic nature of the dairy bam, I mean bathrooms in the dairy bams, I mean that's -- you know, that's -- Bird: Now wait a minute. We had one in there, it just didn't do as good a job as they are doing. Hoaglun: I'll certainly support that, though. De Weerd: I don't want details. Any further discussion? Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you so much. Bird: Madam Mayor? Watters: Excuse me, Madam Mayor -- De Weerd: And, please, chief, if you can convey our thanks to your firefighters and those that have been involved with this project, I think what you did during the one hundred year celebration and improving it at that time and continuing the needed improvements out there, we appreciate it. I think that needs to continue to be a location that holds historic community events and these changes will allow it, because of code issues and life and safety. It's great what they are doing and we appreciate that -- we appreciate that. Bird: Madam Mayor? Meridian City Council February 10, 2009 Page 16 of 35 De Weerd: Mr. Bird. • Bird: You know, I do echo your words, but I don't think enough thanks can be said to that guy right there. He's the one that got the ball rolling, never asked for any help from anybody, and firemen jumped in and helped him, thank goodness, and he's made that -- he will make that into a first class community building that all the community can use, I will assure you of that. De Weerd: Well, there is no doubt he's been persistent. Bird: He's been the boy. Anderson: Well, thank you, but it really is a team effort, so thank you. De Weerd: Sonya, did you have something else? Watters: Yes. I'm song. Excuse me, Madam Mayor. I would like to bring to your attention -- I didn't realize the Council didn't have their hearing outlines earlier. The applicant for Solitude Place Subdivision, MBA 08-007, has requested the project be continued to the February 24th Council meeting. Just to mention that, so that the applicant and any others wanting to testify don't have to sit here all night. De Weerd: Okay. Thank you. Watters: If it's Council's wish to continue that. De Weerd: Okay. We don't continue those until we get to them, but just -- Watters: Oh, you don't? Okay. Item 9: Tabled from January 27, 2009: FP 08-021 Request for Final Plat approval for 7 building lots on 25.87 acres in C -N and L -O zoning districts for Education Campus Subdivision No. 2 by Joint School District No. 2 — south of East Leigh Field Drive and east of North Locust Grove Road: De Weerd: -- if anyone in the audience for this -- this item, the public hearing will be open on No. 14, but the applicant has requested that it be continued to February 24th. So, if you're here this evening to provide testimony, I apologize. Okay. Item 9 was tabled from January 27th, FP 08-021. 1 will ask staff for comment. Watters: Thank you, Madam Mayor, Members of the Council. The next item before you is a final plat application for Education Campus Subdivision No. 2, consisting of seven building lots on 25.87 acres of land, zoned C -N and L -O. The site is located on the northwest comer of Chinden -- excuse me -- that's not right. It's located on Locust Grove, just north of Ustick. And the Council approved the preliminary plat for Education Meridian City Council February 10, 2009 Page 17 of 35 Campus Subdivision on April 15th, 2008. The preliminary plat is a resubdivision of Lots 1 and 2, Block 1, Education Campus Subdivision. The submitted final plat substantially complies with the approved preliminary plat. The applicant submitted a response in agreement with the staff report, except for condition number 6-E, which reads: All drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. The applicant is requesting a waiver from the requirement of the curbs to be painted red. Because this is a UDC requirement, the condition can't be waived. The applicant must apply for alternative compliance to that section of city code. Staff is recommending approval of the proposed final plat application per the staff report. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Rountree: None right now. De Weerd: Is the applicant here? Do you have any comment? I had to ask. If you will, please, state your name and address for the record. McKay: Becky McKay. Engineering Solutions. 1029 North Rosario, Meridian. I'm here representing the Meridian School District. Madam Mayor and Members of the Council, we -- those red curbs are just so ugly and since everything out there at the school property was existing, we were hoping just signage would be appropriate. And so I was kind of taking a chance that, you know, based on the ordinance it says for conversion of existing facility to private street, at the direction of the fire marshal all drive aisles will be posted as fire lanes with no parking and curbs next to drive aisles shall be painted red. So, the fire department did agree to let us do signage, but staffs interpretation is we have to do an alternative compliance. I'm just trying to save the district 160 dollars. De Weerd: Every penny counts. Every penny counts. Rountree: Eagle Scout project. De Weerd: Yeah. We can have some Boy Scouts go out and do it. McKay: And paint the curbs. So, anyway, I was just hoping that the Council had the authority to modify that. Thank you. We are in agreement with all other conditions. De Weerd: Thank you. Mr. Nary? So, if Council agrees this does not need to be painted, they do have to apply, then, for an alternative compliance? Nary: Madam Mayor, Members of the Council, I guess the Council tonight's not going to agree that it doesn't need to be painted. I mean that -- what the staff has directed, that is -- that is the interpretation of the ordinance, that it is required by the ordinance. They Meridian City Council February 10, 2009 Page 18 of 35 can seek an alternative compliance. So, they can come back in front of you with the proper application to do that, but you don't have the ability to make that decision tonight. De Weerd: And so that probably costs more than the 160 they are wanting to save. Nary: No. I'm not sure what the 160 is related to. Is that the fee? De Weerd: The 160 is the paint. Watters: I believe so. Bird: That's the fee for the alternative -- De Weerd: That is the fee? Watters: Madam Mayor, I don't have my fee chart right in front of me, but that sounds about right. It would be a staff level approval, it would not come back before the Council. De Weerd: Okay. Council? So, Sonya, what I -- I'm interpreting what the next step is is they can approve it as is and, then, they would need to -- the applicant would need to apply to you for that alternative compliance. Watters: Madam Mayor, that is correct. De Weerd: And that because it is our code, that is the only process that can change this requirement. Watters: Madam Mayor, that is correct. De Weerd: Okay. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I believe it's pretty clear. I move that we approve FP 08-021, with the clarification that at the moment there is no waiver for painting the curb. Rountree: Second. De Weerd: Okay. There is a motion and a second. Any discussion? Mr. Nary, because this is another taxing entity, is there a chance that -- a consideration of waiving of that fee? Meridian City Council • February 10, 2009 Page 19 of 35 Nary: Madam Mayor, Members of the Council, certainly they can always request to waive the fee. I mean that's -- the Council certainly heard those before. Probably five minutes ago, so -- on waiving the fee. They can do that. De Weerd: I do have a motion and a second. Is there any further discussion or changes to the motion? Okay. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: FP 09-001 Request for Final Plat Application of 38 single-family lots and 8 common lots on 11.63 acres in an R-8 zoning district for Oakcreek Subdivision No. 1 by Coleman Homes — south of West McMillan Road and west of North Black Cat Road: De Weerd: Okay. Okay. FP 09-001 is Item No. 10. It looks like there are no outstanding issues for the Council. The applicant has agreed to all requirements. Council, do you need any further information? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 09-001, final plat application for 38 single family lots. Zaremba: Second. De Weerd: Okay. Motion and a second to approve Item 10. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: Adoption of Meridian City Clerk's Fee Schedule: De Weerd: Okay. Item 11 is a public hearing on the adoption of the city clerk's fee schedule. Who will be presenting this? Green: Madam Mayor, Members of the Council, during the January 20th City Council meeting Jaycee Holman presented the proposed city clerk fee schedule in detail. The schedule that has been published for this public hearing was as per discussion on January 20th. With that I would stand for any questions. We also have Nancy Radford here from city clerk's to answer any questions you may have. Meridian City Council February 10, 2009 Page 20 of 35 De Weerd: Thank you. Council, any questions? Bird: I have no questions. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this Item? No. 11. Okay. Ralph? Okay. Council? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Seeing no public testimony, I move that we close the public hearing on Item No. 11. Bird: Second. De Weerd: Motion and a second to close the public hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Resolution No. : Adopting Meridian City Clerk's Office Fee Schedule: De Weerd: Item 12 is the resolution, 09-651, adopting the Meridian City Clerk's office fee schedule. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve Item No. 12, resolution number 09-651, and authorize the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve Item 12. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: 2007 Action Plan Amendment for Meridian's Community Development Block Grant (CDBG) Program: Meridian City Council February 10, 2009 Page 21 of 35 De Weerd: Okay. Item 13 is public hearing for the 2007 action plan amendment for Meridian's CDBG grant. Watters: Would you like me to make a presentation to you? Thank you. Madam Mayor, Members of the Council, the 2007 action plan allocated just over 110,000 dollars towards the demolition of a blighted and substandard property within the Meridian urban renewal area at 1535 North Main Street across from Subway, the old print shop. The total cost of the demolition was 80,000 dollars less than the allocated amount. Those leftover funds are now available for use on other CDBG activities, but since they are 2007 funds in HUD's eyes, and since funds were approved to the city in 2007, we need to amend the 2007 action plan, which requires a public comment period of 30 days to obtain input when additional projects are added. Two projects are proposed for use of these leftover funds at this time. The first is to provide the Meridian City Food Bank with 10,000 dollars to increase their ability to serve the Meridian area. And, second, provide the Boys and Girls Club with 2,000 dollars to build a fence around their new location to allow staff additional time to spend with other children. Staff will submit a future amendment for the remainder of the left over 2007 funds. Staff is currently determining the eligibility of several new projects, but we don't want to delay the two projects that we know are eligible in the meantime. That's all staff has at this time. De Weerd: Okay. Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: This constitutes the opening of the 30 day public hearing -- Watters: That is correct. Rountree: -- yet we are only identifying 12,000 dollars of that potential 80,000 dollars. So, as those amendments come forward we extend the duration of the public hearing as that amendment gets modified each time? Watters: I believe so, but I can't confirm that for sure. Matt Ellsworth is the planner overseeing this. De Weerd: Mr. Nary. Watters: He did say that they are looking into improvements to the 8th Street and Centennial Parks and that a consultant will prepare a survey to determine income characteristics of these park service areas. The cutoff for consultant proposal submittal is February 16th. If neither park is eligible, then, they will be identifying a more fitting use of the left over 2000 funds. De Weerd: Because they do have to clarify, there is -- it is within an area of need. Meridian City Council • February 10, 2009 Page 22 of 35 Bird: Right. Watters: I assume a new 30 day period would start with each new project, but I'm not positive of that. De Weerd: Mr. Nary, is that your impression as well? Nary: Madam Mayor, Members of the Council, that's correct. I think what Mr. Ellsworth wanted was to get these projects through the pipeline, because of the 30 day window and, then, when we bring the next, then, a different 30 day window would start. De Weerd: Okay. Thank you. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Council, our 30 day period starts. Is this only open for written comment or -- Watters: It's a public hearing -- De Weerd: -- which we have done in the past. Watters: -- in the past. Mr. Nary? Nary: Madam Mayor, Members of the Council, it would remain open. We will bring it back in 30 days to close the public hearing, so that written comment in between, as well as we will notice up that second one that they can still provide written public testimony. De Weerd: Okay. Do you have a date certain? Nary: No. I don't -- I don't know that -- I don't think I saw anything, so we will just -- it just has to be 30 days out. So, we will make sure we put another notice out for that and so it will be sometime after March 10th. De Weerd: And is that how you make the motion? Bird: March 10th. Nary: We are just going to leave it open for 30 days. So, you're not going to close anything. Bird: No. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes. Meridian City Council • • February 10, 2009 Page 23 of 35 Zaremba: I don't think that complicates this issue, but I just wanted to suggest that maybe you would pass along to Matt investigating whether our community center would qualify for some of those funds. They have run into some unexpected expenses there and it's certainly in the right location, so -- De Weerd: Mr. Zaremba, I would imagine because we are trying to verify that is an area of need next to Centennial Park, which is part of that, it should also qualify the community center, if it's found appropriate. Zaremba: Thank you. De Weerd: Or do you have to do project specific? Watters: I believe it's project specific. De Weerd: Okay. So, it would have to be under a separate application. Okay. Thank you. Okay. Seeing that there is no comment, no further questions from Council, this public hearing will continue to remain open for no less than 30 days. Item 14: Public Hearing: MDA 08-007 Request to modify the Development Agreement for Solitude Place Subdivision by Solitude Development, LLC — east side of Meridian Road and south of McMillan Road: De Weerd: Okay. Item 14 is a public hearing on MDA 08-007. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move that we continue -- De Weerd: Mr. Zaremba, hold on. I just want to officially open this area -- Zaremba: I thought you did. I'm sorry. De Weerd: -- or this item and -- yes, please. Zaremba: I was jumping the gun. I'm sorry. There has been a request to continue it, so I move we continue it to February 24th, 2009. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to continue Item 14 to February 24th. All those in favor say aye. All ayes. Motion carries. Meridian City Council February 10, 2009 Page 24 of 35 MOTION CARRIED: ALL AYES. Item 15: Public Hearing: MDA 08-008 Request to modify the Development Agreement for Knight Sky Estates by Sea to Sea, LLC — 6555 North Linder Road: De Weerd: Item 15 is a public hearing on MDA 08-008. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. This is a request for a modification to the recorded development agreement for Knight Sky Estates, approved with the annexation of this property. As a condition of approval of the recently approved time extension for the preliminary plat, the applicant is required to modify the DA to include building elevations for the project. Additionally, the applicant is requesting to modify an existing DA provision that restricts access to Chinden Boulevard, State Highway 20-26. The property is located at 6555 North Linder Road on the north comer of Linder and Chinden. These are the -- these are photos of building elevations that the applicant is proposing be included in the development agreement. These are commercial office buildings. This is the proposed club house. This is the Linder - Chinden comer concept. And these are some of the single family residential product. These were the single family residential building elevations that were approved with the annexation. You can see the ones proposed by the applicant tonight are -- have much better quality. Staff is supportive of the proposed building elevations, as they represent high quality design and construction materials. Staff is recommending a DA provision be added for future structures constructed on the site to substantially comply with the elevations submitted with this application and current design standards in effect at the time of certificate of zoning compliance application as applicable. The applicant is requesting to modify DA provision number 5.1.8 that restricts access to Chinden Boulevard, State Highway 20-26, to allow direct lot access to Chinden if prior approval is obtained from the Idaho Transportation Department and a variance is approved by the city. Staff believes that approving a modification to this provision at this time would be premature, as the site conditions and UDC provisions pertaining to access to the state highways and arterial streets have not changed since the time the property was annexed and a DA was signed in 2006. Further, the UDC, Section 11-31-1-413 prohibits new approaches directly accessing a state highway, except public street connections to the state highway are allowed at the section line road and the half mile mark between section line roads. In the future if ITD allows any direct lot access to Chinden for this site, and if the city approves a variance request for such access, the applicant may apply to amend the DA at that time. Until such time staff is recommending denial of the applicant's request to amend DA provision 5.1.8. Staff will stand for any questions the Council may have at this time. De Weerd: Council, any questions at this point? Bird: I have none. Meridian City Council February 10, 2009 Page 25 of 35 Rountree: I have none. Zaremba: None. De Weerd: Okay. Is the applicant here? Hi. Nickel: Hi. De Weerd: If you will, please -- Nickel: Madam Mayor and Council, for the record, Shawn Nickel, Rose Law Group, 6223 North Discovery Way, Suite 200, in Boise. Here tonight representing Sea to Sea Development and the application in front of you to modify the development agreement. Last year I -- let me back up. As part of a condition of approval for our time extension we were required to submit a modification application for the -- to change the development agreement to adopt these new -- the new and I guess the existing elevations that were part of the original application. Last year I sat down with several of you and explained my client's concerns with regards to access on Chinden Boulevard. Those concerns were -- part of it were my client's inability to -- or lack of finding sellers that were willing to commit to the property because of access issues and also the recent actions over on the Eagle city side of that intersection with regards to potential access on Chinden and what I -- what I had voiced our concern was over not having a level playing field like we had when we originally agreed to no access onto Chinden. Because we have to come back as part of our time extension to modify the development agreement, what I'm asking for is a modification to that part of the text. Now, changing that does not grant us access to Chinden, we are still going to be required to go through ITD, which we are going through right now, to get approval and, then, we also have to come back in front of you for a variance. And either one of those could be denied. So, we are not asking for the access right now, what we are asking for is the modification to that specific text in the development agreement, so that if we do go through those steps we don't have to come back in and amend the development agreement again. Now, if I wasn't up here tonight amending this, I would just wait for those to happen, but, you know, 2,600 dollars later, new public hearings, new neighborhood meetings, going through a development agreement modification, it just becomes redundant to have to go back through that process again, since we already have the application open. That's the reason for my request tonight and I will stand for any questions. De Weerd: Thank you. Council, any questions? You know, Shawn, I guess I have one. Has -- I believe the development where Eagle has recommended approval to the county has the access at less than -- than the half mile. Has that been approved through the county? Nickel: It's my understanding it's going through the courts right now for approval. It was approved by Eagle and I think ITD has tentatively approved it. Meridian City Council • 0 February 10, 2009 Page 26 of 35 De Weerd: The county has to approve it, because it's in the county. Nickel: Oh, I'm song. Yes. The application itself is not within the city, it was a comp plan amendment and so what Eagle did is they changed their Comprehensive Plan, the wording on that, as far as the access. But, yes, it would still have to go through Ada County for the approval of the actual development, unless the city was to annex it. De Weerd: Well, you know, this intersection at Linder and Chinden is going to be a real critical intersection and certainly the city and this Council has been very conscientious to keeping a level playing field. I think it's — it's premature to -- to change your DA at this point when there is not an absolute that the playing field is different and I guess that would be my concern at this point is if this Council were to approve your request to modify the DA against our ordinance, it would still have to come through a variance, but it's kind of saying the wrong message for the consideration of even the Eagle project. Do you see what I'm saying? Nickel: I do and -- De Weerd: And I certainly support that level playing field. I do. That's why I have been involved in that corridor planning and all of that, is we all have to play by the same rules or you do financially disadvantage someone else. Nickel: And, Madam Mayor and Council Members, the only -- the only negative to us -- and, yeah, we could come -- we could go through the steps and, then, come back and modify, but it's only negative that we have seen in the past is reluctance of potential buyers of the property taking the development agreement and the first thing they see is no access. And so they are not going to even be willing to go to the next step and petition the city for a variance and go through all that, because they see no access and they walk away, they go to another piece of property. That's happened in the past. And so, again, the way that we have worded it -- and we can work on the wording. It's not granting us a permit -- or it's not granting us access in this development agreement, but it's not specifically saying no access. You still have to go through the -- those process -- that process. And I understand your concern. I hope you can kind of see -- see ours. De Weerd: Well, I guess what I -- Eagle has changed their comprehensive plan and what I think the city has advocated is consistency in that corridor, but also that the four comers of that critical intersection get together and talk about an accessible access plan and I believe your clients and the other comers, but the Eagle comer have all said we are willing to sit at the table and discuss how we can make that critical intersection function if -- so, it's really hard to say what is right to do right now. Nickel: And we agree it is a very critical intersection and three years ago when we entered into this agreement we were told by your staff, by you and by ITD we are not allowing access and that was -- didn't even fight it at that point. We said, okay, that's fine because all four comers now have that requirement. Well, it's -- we are seeing it dwindle -- we are seeing it get dwindled away and it's affecting my client's ability to Meridian City Council • February 10, 2009 Page 27 of 35 properly market this property, regardless of what ultimately happens, I mean it could still be denied and I think that condition or that text in there still -- still allows the city to be the ultimate decision maker on that and I don't think the way it's -- the way I have proposed it it gives the perception to the developer that you are granting that approval at this point. It's just -- it's just -- it's just the way that it's worded would help the developer market that. So, that's the request. I'll leave it up to you to -- to make that decision and, if not, we would -- we would, obviously, have to come back and modify the development agreement. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Shawn, how far west does that property go? Does it go all the way to Spur Wing? Nickel: It does. Bird: That you're developing. Nickel: It goes to that -- that stop light that is currently -- Bird: That's what I was going to say. So, you have got a -- you have got a very very good -- all you would have to do is put in a front and you're worried about coming back, but in the same token you're talking about -- we have -- if we are restricted we can't sell it. So, if you sell it what's to say the new buyer is going to put in the elevations and stuff you have shown us now that you won't have to come back with a new development agreement modification then? Nickel: Well, that's -- Bird: If you're -- I mean, you know -- and, really -- I think you could put -- I think you could put in a frontage or a back -age or a middle road that dumps down there at the stop light. You have got the perfect -- you have got the perfect -- Nickel: And, Madam Mayor and Council Member Bird, the -- the concept plan that is part of the development agreement actually does show a frontage road going to the -- to the light and to Linder and the way I envision that, if we ever do get access, it's going to be a limited access anyway. It's probably going to be a right -in, right -out at that -- at that quarter mile point. So, you know, we understand we are -- it's not going to -- it's -- you know, but it will still have to go through all those processes, even to be considered. All we are asking for is just the verbiage to be changed at this time. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council • February 10, 2009 Page 28 of 35 Rountree: It seems to me this is an approach to shine on a potential buyer if they just happen to not know there is an ordinance that doesn't allow access on the state highway system. My preference would be to continue this, if we can get a date certain when they are going to be -- or getting an approved access from the state transportation department and be scheduling a variance request or that if they want to modify the DA at this point in time, the access restriction paragraph be modified and say access is controlled on this site per City of Meridian ordinance X, Y and Z and that really is what governs. So, your potential buyer will know and not say, oh, I didn't know I couldn't do this and, oh, I need a variance because. Not going to fly. Nickel: Madam Mayor and Council Member Rountree, I -- and, again, I'm fine with modifying that wording to -- I mean we can include that -- that section as well. I mean I -- we are not -- not trying to deceive and I know you're not saying we are purposely, but we are not going to try to deceive that buyer, he's still going to understand that he's got to go through those other hoops. Rountree: I hope so. Nickel: It's just that when they see no access staring at them on a development agreement, they are just -- they are done and they have the tendency to walk away and that has happened before on this piece of property. And it happened across the street on that ten acres that my clients did eventually sell, so -- so, I guess in conclusion it's not the -- De Weerd: And so, Shawn, that was before those -- what you're referencing, then, was before Eagle granted greater access -- less restricted access or however you want to phrase it, so that's not really the reason if everyone was still playing by the rules at that time. Nickel: Right. But -- and you are correct and, again, it's -- it's not finished across the street. We understand that, but -- and in conclusion, it's not the end of the world if you don't grant us this tonight. We can come -- we have the ability to come back and change it. It's just that we are already up here and we have spent the time, I have had the neighborhood meetings and we have notified the neighbors of what we are proposing and that's a long drawn out process to -- to, you know, simply modify a development agreement. I mean you have to post the site -- it's -- and so we are here -- we are here now doing it. De Weerd: Okay. Mr. Zaremba, did you have something? Zaremba: Yeah. I'm -- I agree with the idea of having a level playing field. I always feel that developers should know that they aren't going to have any greater or lesser requirement than any other developer does. My suggestion was going to be that rather than signal that we would at some time later be preconceived to consider another access here, that what we really ought to do is take a position with the county when that development comes to them and ask them not to approve the access that they are Meridian City Council • February 10, 2009 Page 29 of 35 proposing, so that, in fact, all four comers do still have the same rules. That would lead me to say that at this point I would not signal -- signal our future opinion about this one property. So, I guess I'm saying three things. I would like to approve the change that brings in the new proposed building elevations, deny the request to modify the access, and separately suggest that we take a position with the county when that project comes before them. De Weerd: Okay. So, already discussion points it still is a public hearing. I'm not sure if any of the members in our audience want to testify on this item, but we will see and, then, conclude this discussion. This is a public hearing for Item 15. Is there anyone who would like to provide testimony on this item? Okay. Council, I guess there -- there is -- another thing is I agree with Mr. Zaremba, you know, this city has worked very closely with the developers in maintaining restricted access to our ordinances. Certainly the northeast comer has kind of thrown a wrench in it with their proposal that is not yet through the process. I still maintain that because of the intricacies and the importance of that intersection, I would like to see a plan and get the property owners together, so that whatever -- whatever happens and we seem to see that the ITD hearing officer kind of further complicates things with their decisions that they make, to move towards an access plan that all four property owners come up with is in some regards perhaps the best we can do, if we can get them all to the table. In the interim I think we do need to testify at the county and -- and make strong recommendations to maintain the corridor that certainly this city and subsequent cities along the rest of the corridor have been fighting to maintain. So, now the ball is in your court. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: I wanted to pursue Councilman Rountree's discussion of potential -- of looking and putting into the -- allowing a modification that changes that language, where it says that the City of Meridian controls those accesses and, you know, I can understand Mr. Nickel not wanting to go through a change again and the posting and the different things. I think from what I hear we do not give up anything if we allow that type of language change. The process still remains. It would still -- we still can require that level playing field of everybody, but I didn't -- I just want to make sure I understood that well enough to see if that got us where we -- we could ultimately go to. So, any help on that I would appreciate it. Rountree: Madam Mayor, I guess explain the comment I made. I — I'm not willing to make a statement in the development agreement that -- or an allusion that access is going to be allowed. Having said that, I'm okay with saying something in the development agreement about how access is controlled and access is controlled by our ordinance on a state highway and that says there will be none or a variance can be requested. And typically when the variance is requested, we either approve those or deny those based on the engineering detail we get from the state transportation department. Obviously, two of our concerns with this corridor, safety being number one, Meridian City Council February 10, 2009 Page 30 of 35 • and maintaining capacity and anytime you have more frequent access you have the potential for more rear -end accidents and you have a loss of capacity, being what resulted in our ordinance anyway. So, I guess I don't have a problem saying in the development agreement how the access is controlled, as opposed to saying it's denied. In effect it is denied until there is a waiver request. Hoaglun: And Madam Mayor -- Rountree: And that doesn't give somebody the opportunity to take the development agreement and say, well, here you say it's okay, but in your ordinance you say it's not okay. So, anyway, I don't -- I -- to me it makes it more clear and it simplifies the process to the developers. They don't have to come back in for a development agreement change, they come back in for a variance request. Hoaglun: Madam Mayor, that clarification does help in terms of what I thought he was saying, because that's part of the process is if it helps the developer not go through another hurdle, but still doesn't allow them to do something that our ordinance does not allow. Rountree: Right. Hoaglun: Which I think we have to be very careful at this intersection, because once development happens again, when the economy picks up, you know, we need that level playing field and that's going to be a very, very busy spot. Rountree: And I guess I'll finish my comment. We have been pretty generous in allowing variances if the engineering and the safety concerns have been fully investigated and the recommendations have been made and brought back to us through the efforts of the developer and their engineering firm. In fact, I don't know one we have denied once the information has been provided that's been adequate. De Weerd: So, Shawn, I think that language does accomplish what you're requesting. Nickel: Madam Mayor and Councilman Rountree, I appreciate that and we do understand and we know that we would be submitting a variance until everything else was done and, then, you would make that decision based on that information that you have. I don't know if we need to maybe have Mr. Nary and I work on that wording or if you have some suggested wording. I'm in no hurry to rush this through. But I think that if we could change the wording the way you're explaining it that both of us should be happy. Rountree: And keep you from coming back for another DA amendment. Nickel: And that was the main thing, just because we -- in fact, I think I told you one time that I wasn't going to come back to modify that until we have this -- and just so you Meridian City Council . • February 10, 2009 Page 31 of 35 know, when we did submit this development agreement request we didn't know that there was an appeal going on with that -- with that access. Rountree: And the other part of this -- and to me one of the significant parts of this -- I like very much what you have done with your design. I think they have done an excellent job and I fully support that that be included in the development agreement. De Weerd: And if I may say, you could do the entry work right now, instead of this large equipment that's there currently. Sure would look a lot better. Nickel: Only if we could put that right turn going south onto Chinden. Thank you for your consideration and however you want to word that or work that out. Nary: Madam Mayor, Members of the Council, between Mr. Nickel and myself and the planning staff we will get that language from your comments. I think we will be okay. We'll get that done and bring it back. Rountree: So, would a motion incorporating that consultation be in order? Nary: Yes. Rountree: Okay. And not having to have this item come back. Nary: Yes. Bird: Yes. De Weerd: Okay. So, if there isn't anymore discussion, I would entertain a motion to close the public hearing. Rountree: So moved. Bird: Second. De Weerd: 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. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the proposed building elevations and inclusion in the DA and request that the applicant and the city attorney get together and craft language Meridian City Council February 10, 2009 Page 32 of 35 CJ in the DA as it relates to access on this parcel being controlled by Meridian ordinance and not with exclusionary language in the -- in the DA. Bird: Are you done? I'll second it. De Weerd: Okay. I have a motion and a second. Any discussion? Hoaglun: Just a question, Madam Mayor. Do we -- are we still going to be doing a letter to the county regarding this -- this intersection and our position on the requirements? De Weerd: Absolutely. I think that planning staff can draft something up and perhaps have that next week for signature by Council and the Mayor. I think it is that important. Hoaglun: Thank you. De Weerd: Okay. If there is no further discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: MDA 09-001 Request to modify the Development Agreement for Ambercreek Subdivision No. 2 by Land Pro Development, Inc. — North Meridian Road and West McMillan Road: De Weerd: Okay. Item 16 is a public hearing on MDA 09-001. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. This is a request for a modification to the recorded development agreement for Amber Creek Subdivision, approved with the annexation of this property. As a condition of approval of the recently approved time extension for the phase two final plat, the applicant is required to modify the DA to include building elevations for the project. The site is located west of north Meridian Road and south of West McMillan Road. The applicant has submitted photos of the existing homes constructed with phase one that were shown at the hearing for the time extension request. Staff is recommending a new DA provision be added requiring future homes constructed on the site to be consistent in appearance to the elevations shown and include certain design features and materials as stated in the staff report. Staff is also recommending a DA provision be added requiring future homes in phase two to be sited on lots where the map and scale is compatible between single story homes and two store homes. For example, a single story home shall not be constructed with two story homes on both sides. The applicant shall submit an exhibit to the Planning Department demonstrating compliance with this requirement. Staff recommends approval of the DA modification with the provisions stated and included in Meridian City Council February 10, 2009 Page 33 of 35 is the staff report. The applicant has submitted a response in agreement with the staff report. Staff will stand for any questions Council may have at this time. De Weerd: Council, any questions? Rountree: I have none right now. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Brownly: Shawn Brownly. Land Pro Development. 2364 South Titanium Place and we are in agreement -- excuse me. We are in agreement with the staff report and I'll stand for any questions. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you. Brownly: Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none, Council, any further information needed? Or I would entertain a motion to close the public hearing. Hoaglun: I move that we close the public hearing. Bird: 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. De Weerd: Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve MDA 09-001, to include the staff recommendations and I would make one clarification. Since we are having the elevations included, there is one elevation that, in fact, shows a single story house with a two story on each side of it and we are not agreeing to that -- the two paragraphs of the staff recommendation would Meridian City Council February 10, 2009 Page 34 of 35 • seem to be contradicted by that one picture and we are not asking for that picture to be the -- the guiding factor. Does that make sense or do I need to restate that? De Weerd: That makes sense. Hoaglun: I'll second that. De Weerd: Okay. I have a motion and a second to approve Item 16 as stated by Mr. Zaremba. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 17: Ordinance No. _09-1395 _: Deleting In -Code References to Clerk's Office Fees: (3rd Reading) Item 18: Ordinance No. 09-1397: Parking Code (2nd & 3rd Reading): De Weerd: Okay. Items 17 and 18 are ordinances 09-1395 and 09-1397. Item 17 is in its third reading and Item 18 will hold its second and third reading. Madam Clerk, will you, please, read these two ordinances by title only. Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 09-1395. Third reading. An ordinance of the City of Meridian amending Title 3, Chapter 1, Meridian City Code, regarding fees for investigation of license or permit applicants. Amending Title 3, Chapter 2, Meridian City Code, regarding application fees for beer, wine, and liquor licenses and the transfer thereof. Amending Title 3, Chapter 4, Meridian City Code, regarding application fees for mobile sales unit licenses, temporary use permits, and citizen use permits. Amending Title 3, Chapter 5, Meridian City Code, regarding application fees for pawn broker licenses. Amending Title 3, Chapter 6, Meridian City Code, regarding application fees from massage establishments and massage licenses. Amending Title 3, Chapter 8, Meridian City Code, regarding application fees for private patrol service, private security service, and private patrol agent licenses. Amending Title 5, Chapter 4, Meridian City Code, regarding application fees for retail sales of non -aerial common fireworks permits and public fireworks display permits. Amending Title 6, Chapter 2, Meridian City Code, regarding dog licenses and lost dog tag fees and providing an effective date. Green: Item No. 18. Second and third reading. City of Meridian Ordinance 09-1397. An ordinance of the City of Meridian amending Title 6, Chapter 1, Section 6, Meridian City Code, regarding code enforcement division authority. Amending Title 7, Chapter 2, Meridian City Code regarding parking regulations and providing an effective date. De Weerd: Thank you. You have heard these two ordinances read by title only. Is there anyone who like to hear them read in their entirety? Seeing none -- Meridian City Council • February 10, 2009 Page 35 of 35 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance No. 09-1395 after the third reading and Ordinance No. 09-1397 after the second and third readings. Rountree: Second. De Weerd: I have a motion and a second to approve these two ordinances. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. We are at the end of our agenda. Council, if there is no further business in front of -- Bird: Move we adjourn. Hoaglun: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 8:40 P.M. (AUDIO RECORDING ON FILE JF THESE PROCEEDINGS) MAYOR T De WEERD DATE APPROVED MF/� AL ATTEST: CR JAYCEE 0 HOLMAN, C CLER ' O r 1.31 -� • • February 6, 2009 MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT ITEM NO. Jr REQUEST Environmental Award Presentation to Metro Express Carwash 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 Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. u February 6, 2009 MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT Relo Development ITEM NO. 6-A REQUEST Tabled from January 27, 2009: Findings for Approval — Request for Annexation and Zoning of 9.06 acres from the RUT & R-1 zone to C -G zone for Overland Village — 3330 East Overland Road • AZ 08-001 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 Previous Item Packet Table 10 FelorwPy`j 1�1Zc�`1 Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • February 6, 2009 • Department Reports MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT Legal Department ITEM NO. 7-A-1 REQUEST SWAC Recommendation of $2,150.00 to be awarded to Meridian Parks & Recreation for costs for installing playground equipment in Gordon Harris Park 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 aMached Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ti.�VdYi7Ylllli7 - Community Recycling Fund Application AILOI� This application is to be completed by organizations applying for community recycling funding. Please rate: we can ortiy cider applicafilons for Projects wMo Meddlan city Myft which pertain to recycling; which have a 1:1 matcldng component; and which contain recycled content if applicable. A qgn must be placed on or amour the project stating that it was funded In pad by flue Meridian curbside recycling program. Please return completed application to Sonttary Services, Co. 2130 W. Franklin Road, Meridian, Idaho, 83642 or fax to 888-5052. Organization: Meridian Paries & Recreation Address: 33 East Broadway Avenue, Suite 206„ Meddlcm. iD 83642 Contact Name and Title: Elroy Huff. Parks Superintendent Phone Number. 205.888-9579 Fax Number. 208408 -Ml Describe your organization's purpose. Attach additional sheets if needed. The C;fly of Meridian Is, a vibrant coo,muniy. whose mission Is to be a premier place to five, work, and raise a The Meridian Parks and Recreation Department is committed to ting rich, hVh-qua1t11r� ale parks and playgrounds to serve the needs of our growing cornu tly. tOscdbe the community recycling activity you would like to have supported. Attach additional sheets h needed. Please provide manufacturers information for the sterns to be used in the project. The Parfet DivMan Is carrernttlr working an fire Gordon Hoon: Park playground irsf *Mon. we would lke to request faa xis for the installation costs of no projocl The pkryground coda totaled *114909.00 The swhng ac* totalled $5,000.90 Total funds requested: $2,150.00 Total estimated cad of project i tia^a: $4.300A0 Describe how the community recycMg funds will be used the schedule for the protect and how the 1:1 matching contribution wig be determined. Attach additional sheets If needed. Dow funds will be used to pay for 50% of the coals of tine playground dation In the now park. we are sd>aduted to irWal flee pksyground In We March 2009. Describe the signage that will be used, (plaque, standing sign, etcj and the locafton. Attach additional siteeb If needed. We would lie to sign to read as k t m Me City of ibla W atm the dffzo s of Hm CNy of Merlt>l w tiv Nw& effo* fhrough flee Cob" ROCYCAV Fi+oP= tO hGO AM films . ESE OW We have these ready to be printed at any tine. (lite nvM have a signature to process yacu request) Haemker Construction Inc. 622 S Powerline Rd. Nampa Id 83686 Office (208) 467-7480 Fax (208) 467-7481 Customer Name: City of Meridian 33 East Idaho Meridian Id 83642 Attu: Parks Dept - Elroy 0 • Pmjed I.ocatioa: Kiwanis Park 2400 Three Bars Meridian, ID Estimate Date 1/28/2009 February 6, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT Legal Department ITEM NO. 7-A-2 REQUEST SWAC Recommendation to Not Fund Mountain View High School's Green Club request for Fundings to Start a Recycling Pogram within the School AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY see aRached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: n 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. Community Recycling Fund Application This application is to be completed by organizations applying for community recycling funding. Please note: We can only consider applications for projects within Meridian city limits; which pertain to recycling; which have a 1:1 matching component; and which contain recycled content If applicable. A sign must be placed on or near the project stating that It was funded In part by the Meridian curbside recycling program. Please return completed application to Sanitary Services, Co. 2130 W. Franklin Road, Meridian, Idaho, 83642 or fax to 888-5052. Organization Name 01 01k Vi -w i n 1V aw IAi QVI 0 V1Q 6 I &&Rgn Address _ Z�C� S . 1 lie 00AVVt W Cny, City Mt P-% W QLV1 p State 1.1) Tip Code 3 CR `I 2- ContactName and Title Mrs. �M lrs • L ocy- wood , +-e—acinf il Phone Number gr. ' Zi05® Fax Number ""Y~.. Describe your organization's purpose. Attach additional sheets if needed. GUS ,oCta,p-PaSe IS i -o -educ cdz, 5ano latvn_c Communtlq () 1 j MT � C£ Q'" P Rt .Se f n Q JI -At V1 i I ig ®VI VmA 1"and (�s wfel1 aS q + aeopie imio-Wed tvn P,ecw e 1 Describe the community recycling activity you would like to have supported. Attach additional sheets if needed. Please provide manufacturers information for the items to be used in the project. IYl6urtf-a.cyatw l--c,li� 1 Cid i h �� c �� n-f.d Total funds requested Total estimated cost of project Describe how the community recycling funds will be used, the schedule for the project, and how the 1:1 matching contribution will be determined. Attach additional sheets if needed. � ' 1 111111 4 V �� Describe the signage that will be used, (plaque, standing sign, etc), and the location. Attach additional sheets if needed. We would like the sign to read: (Insert applicant) thanks the citizens of the City of Meridian for their efforts through the Curbside Recycling Program to help fund this (Insert prolect). EST. (insert vearl Signature of Contact Person v :%avilcs ht _. ¢-o9p-oLoA -to inti p � v�d Date 1 �� (We must have a slgna- re to process your request) Glut �011cl P"yct SAZ(1®1tShed zwq February 6, 2009 Department Report MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT Planning Department ITEM NO. 7-B-1 REQUEST Clarification of Development Agreement for Overland Village AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ( C4 CITY BUILDING DEPT: Y CITY WATER DEPT: \0 CITY SEWER DEPT: v CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: D 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. 0 0 Page 1 of 2 Tara Green From: Sonya Watters Sent: Tuesday, February 10, 2009 9:02 AM To: Tara Green; Machelle Hill; Jaycee Holman; Nancy Radford Subject: FW: Letter of Credit expiration on Overland Village/AZ-08-001NAC-08-01 Attachments: 20090204150959772. pdf Looks like this was sent to everybody but you guys... From: Joe Borton[mailto:JBorton@roselawgroup.com] Sent: Monday, February 09, 2009 3:19 PM To: Tammy de Weerd; Charlie Rountree; David Zaremba; hoaglunb@meridiancity.org; Brad Hoaglun (External); kbird (External) Cc: Anna Canning; Sonya Watters Subject: Letter of Credit expiration on Overland Village/AZ-08-001/VAC-08-01 Madam Mayor and Council Tomorrow you will have the findings for approval on the agenda for the project on the Northeast comer of Eagle and Overland. We have contacted staff to clarify an issue and in so doing it appears that we need these findings be pulled from the consent agenda so you may receive a brief staff report on one issue that needs clarification, and I would be glad to speak to it (briefly) as well. As you will recall on December 2, 2008 we presented this project to council and it was unanimously approved with direction to bring back findings of approval. (see attached minutes). One item discussed during the presentation was that the applicant provide a letter of credit for its 5.6% of the cost of the off-site crossing at Five Mile Creek. At this hearing we had discussed placing an expiration date on this letter of credit so it would not sit out there forever and also to incentivize the adjacent properties to develop and take advantage of this off-site funding assistance. While we think this expiration date was contemplated by the motion to approve which included "all applicant comment" neither council nor the applicant specified the exact deadline when such a letter would expire. It was contemplated from our perspective that a `middle ground' would be acceptable to the applicant of 60 months (5 years). On Tuesday we are looking for this clarification from council to be included in the findings. Thank you for your consideration and clarification on this remaining item tomorrow. Sincerely, 1.70=1 2/10/2009 0 i Page 2 of 2 ROSEILAW GROUP BORTON 6223 N Discovery Way, Suite 200 Boise ID, 83713 Main: (208)323-5393 Direct: (208)908-4390 Fax: (208)658-2371 1+-ww. roselawgroV. cotta 2/10/2009 Meridian City Council December 2, 2008 Page 12 of 49 accomplish something for the project as a whole and be economically feasible. This is -- this is the crossing that really strains everything. Its the crossing that assists all of the adjacent property owners, but to a certain degree does assist the project before you now, because it creates the lighted access loop to the north. As Councilman Zaremba asked about a third access point, if we can do something that helps facilitate that crossing, that also provides you a third access point and it's a better -- a better expenditure of resources. What we have done, then, in talking with Mr. Radek, is have him -- this is also in your packet -- talk about, one, confirming that the study's been provided and approved. I think there was no rise questions that Councilman Rountree had, which are good questions. But also to talk about where shall we -- where shall we try and cross. So, in taking some of this guidance, which I think was right on the money, we, then, went out and had some engineering estimates done to -- come on now. To help us determine -- again, this is just a highlight of what's helped support, focusing on this Five Mile crossing at the Silverstone light. And even though the off-site contribution, I know, as this Council and Mayor knows, that there is an opportunity to do an equitable and fair cost sharing for bridge crossings we try to capitalize on. Opportunities have been lost in prior situations and you all know that. So, if our project percentage can contribute to an off site that might not otherwise be required, it makes some sense. I think it benefits the region as a whole. So, here is what we -- here is a preliminary opinion of probable cost and I will highlight it here a little more, that shows crossings that Ross Erickson has been talking with ACHD and I believe with -- with Kyle as well, for the crossing cost. What we propose is paying our projects percentage share of those through a letter of credit and help contribute to that crossing, which will benefit all of the properties in the future. What was presented at the last hearing is our percentage of the master plan that you see. What we presented is 5.6 percent. So, comfortable -- I believe my crude math is about 35,000 dollars is the equitable percentage. I think there was -- there was reflection in the minutes that -- and I think it actually came from either a Council Member or P&Z -- a P&Z Commission Member about putting a time on it. You don't want a letter of credit forever. You know, I -- from what I have seen, it's four to eight years, three to seven years is a window that's clearly what the Council feels comfortable with, but I think it was a good direction that there be some cap on it. Also -- and I don't think it was raised, but a reason to have a cap on it is you want to incentivize the adjacent properties to develop and if we are going to be funding some portion off site, having a -- sort of a feet -to -the -fire deadline assists in promoting that development before the letter expires and I think part and parcel of that is the neighbor support. There is nobody here in opposition, but we have talked to adjacent property owners and I believe you have one of the letter's in the packet that talk also about supporting this Five Mile crossing. That's really the one that's going to benefit everybody. Probably benefits everyone else more than this project site, but it makes the most sense for the region. And the adjacent property, the Brighton parcel directly to the east, is on the marker. We feel comfortable that this is going to be one of the keystones to get this whole region jump started. Everybody knows its been a challenge to address for some time. So, those are two of the relatively minor issues. We wanted to highlight them. The minutes reflect that they were discussed. I think it's good to show that we have got those resolved. The emergency access we think is another one and we start by saying we agree February 6, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT Fire Department • Department Reports February 10, 2009 ITEM NO. 7-C-1 REQUEST Request for Waiver of Fees for Dairy Barn 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. City of Meridian Public Works Dept. Memo To: Ron Anderson Keith Bird From: Max Jensen Date: 1/14/09 Re: Service (water and sewer) Request for Dairy Barns Notes: • page 1 JR� cj6, As per your request 1/13/09, please find the estimated costs associated with adding a 3/4"water service and a 4" sanitary sewer service to the property line near the Meridian Dairy Barns during the Split Corridor Phase 1 project: Construction 3/4"Water Service (meter not included) $1,050 4" Sanitary Sewer Service $1,500 Design Engineering costs $1,0� Total Estimated Construction Cost $ 3,550 Hook Up Fees (based upon a small restroom with sinks and a wash sink not associated with the restroom) Meter $ 231 Water $ 897 Sewer 2,749 Total Estimated Hook Up Fees $ 3,877 Total Estimated Cost $ 7,427 If you have any questions, please call me at your earliest convenience. f, 0 February 6, 2009 MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT Joint School District No. 2 ITEM NO. 9 REQUEST Tabled from January 27, 2009 — Request for Final Plat approval of 7 building lots on 25.87 acres in C -N and L -O zones for Educaffon Campus Subdivision No. 2 — south of E. Leigh Field Drive & east of N. Locust Grove Road FP 08-021 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 Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • C� BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF THE JOINT SCHOOL DISTRICT NO. 2, FOR FINAL PLAT APPROVAL OF 7 BUILDING LOTS ON 25.87 ACRES IN C -N AND L -O ZONING DISTRICTS, LOCATED ON THE SOUTHEAST CORNER OF E. LEIGHFIELD DRIVE AND N. LOCUST GROVE ROAD, IN THE SOUTHWEST % OF SECTION 32, T. 4N., R. 1E. C/C February 10, 2009 CASE NO. FP -08-021 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 February 10, 2009, and the Council finding that the Administrative Review is complete from Sonya Watters, Associate City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 10, 2009, 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 EDUCATION CAMPUS SUBDIVISION No. 2, A RESUBDIVISION OF LOTS 1 AND 2, BLOCK 1 OF EDUCATION CAMPUS SUBDIVISION, SITUATED IN THE N %Z OF THE SW % OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EDUCATION CAMPUS SUBDIVISION NO. 2 (FP -08-021) Page 1 of 4 0 • SECTION 32, TAN., R.IE., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2008, HANDWRITTEN DATE: 11/18/08, SHEETS 1-4, IDAHO SURVEY GROUP", Joint School District No. 2, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 10, 2009, listing 10 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 18 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 12 pages, and by this reference incorporated herein, and the response letter from Becky McKay, Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 2 pages, and by this reference incorporated herein. 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EDUCATION CAMPUS SUBDIVISION NO.2 (FP -08-021) Page 2 of 4 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 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 F1- 2009 'TamnivAYWeerd Mayo est: �``�of ity of 1Vleridian aycee an, City Clerk ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EDUCATION CAMPUS SUBDIVISION NO.2 (FP -08-021) Page 3 of 4 0 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: UaAA 4 it Dated: C;2- /�-07 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EDUCATION CAMPUS SUBDIVISION NO. 2 (FP -08-021) Page 4 of 4 0 0 STAFF REPORT: Meeting Date: January 27, 2009 (Tabled from January 13, 2009)awl ' TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-898-5500 SUBJECT: FP -08-021 — Education Campus Subdivision No. 2 APPLICATION SUMMARY & LOCATION The applicant, Joint School District No. 2, has applied for final plat approval of 7 commercial building lots on 25.87 acres of land for the second phase of Education Campus Subdivision. The proposed subdivision is zoned C -N (Neighborhood Commercial) and L -O (Limited Office). The applicant is also requesting approval of two existing private streets within the proposed subdivision, E. Heritage Park Lane and N. Summerside Lane. The private streets are primarily for addressing purposes and provide access within the site from E. Leigh Field Drive and N. Locust Grove Road. The City Council approved the preliminary plat (PP -07-025) for Education Campus Subdivision on April 15, 2008. The preliminary plat is a re -subdivision of Lots 1 and 2, Block 1, Education Campus Subdivision. The submitted final plat substantially complies with the approved preliminary plat. Education Campus Subdivision is located on the southeast comer of E. Leigh Field Drive and N. Locust Grove Road, in the SW % of Section 32, T. 4N., R. 1E. RECOMMENDATION Staff recommends approval of the application subject to the conditions listed below. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved development agreement (recorded as instrument # 99050961 and addendum instrument #108115088), annexation (approved in 1999), rezone (RZ- 07-021), and preliminary plat (PP -07-025) applications for this subdivision. 2. If the City Engineer's signature has not been obtained on this final plat by April 15, 2010, the preliminary plat shall become null and void. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the notes on the face of the plat prepared by Idaho Survey Group, P. C., stamped on November 18, 2008 by Steven T. Haug, prior to signature of the final plat by the City Engineer, as follows: a. Clarify note #11 (i.e. "...on which property the easement lies.") b. Revise the year in the situate statement from 2008 to 2009. c. Include Instrument #108115088 in note #15. d. Complete instrument number(s) on note #16. e. Modify note #12 to allow for vehicular access as well as pedestrian access. f. Delete note #17 pertaining to the fire safety education facility lease. g. Delete note #16 pertaining to issuance of building permits. Education Campus Sub. 2 FP.doc PAGE 1 h. The sidewalk along Roust Grove shall be placed within a public ptestrian easement depicted on the final plat. i. A cross -access easement shall be provided to all lots within the subdivision via a note on the final plat or a separate recorded agreement. 5. Additional trees shall be installed within the street buffer along E. Leigh Field Drive, south of the fire department building, in compliance with the standards listed in UDC 11 -3B -7C as proposed on the landscape plan in Exhibit D. All other street buffer landscaping and buffers to residential uses on the site are existing and comply with the standards listed in UDC 11-3B. 6. The private streets, N. Summerside Lane, and E. Heritage Park Lane, shall comply with the private street standards listed in UDC 11-3F-4 as follows: a. The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. b. Where the point of connection of the private street is to a public street, the private street shall be approved by the transportation authority. c. The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. d. Gates or other obstacles shall not be allowed. e. All drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. f. A 5 -foot wide attached sidewalk or a 4 -foot wide detached sidewalk shall be provided on one side of N. Summerside Lane (a sidewalk already exists along E. Heritage Park Lane). 7. The Private Street application is tentatively approved. Per UDC 11 -3F -3B, the applicant or owner shall have one (1) year to complete the following tasks: a. Obtain approval from the Ada County street name committee for a private street name(s); b. Contact the transportation authority (ACHD) to install an approved street name sign that complies with the regulations of the Ada County uniform street name ordinance; c. Create a perpetual ingress/egress easement or a single platted lot for the private street to all applicable properties; and d. The applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. e. Upon completion of the items noted above, the Director shall issue a letter stating that the private street has been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) 8. 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 mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 9. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does Education Campus Sub. 2 FP.doc PAGE 2 not relieve the Applicant foresponsibility for compliance. 0 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. 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. Play equipment shall be installed on Lot 2, Block 1, as depicted in Exhibit E. 6. 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. 7. The applicant shall provide a 20 -foot easement for all public water/sewer mains new or existing, outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to construction plan approval. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 13. 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. 14. Any existing domestic well system within this project shall be removed from domestic service per Education Campus Sub. 2 FP.doc PAGE 3 City Ordinance Section 9--4 and 9-4-8 contact the City of Meridian E• eering 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. 15. 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. 16. 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. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 17. 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 ACHD. 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. 18. 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 approved prior to the issuance of a certification of occupancy for any structures within the project. STAFF RECOMMENDATION Staff recommends approval of the application, subject to the conditions listed above. EXITS A. Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat D. Landscape Plan E. Private Street Easement Legal Descriptions & Exhibit Drawing F. Required Findings from Unified Development Code Education Campus Sub. 2 FP.doc PAGE 4 E EIEEINNG "ON 14, S&UTIONSLLP eridwh, 11) mFav i 2N) Februan.- 5, 2009 City ,of Meridian Attn: Mayor and City Council 33 F. Broadway.Avenue Meridian, Idaho 83642 Re: I �'Aucatjon Campus, subdivision No. 2 (I;P-M-02 1) Tkar Mayor and Council - We have mviewed the staff conditions for thc: City Council meeting of February 10, !(X)9, and have the folloming responses. 5ite SMMC Conditions 1, The applicant will comply, 2. Understood. 1, Thr applicant iMll comply, 4.'Fhe fuml plat will be reviwd accordingly, >.Theapplicant will compiv, 6. The applicant is in agreement with 6a -d and 6f. Ftem 6e requires curbs next drive Asks to be painted red. The private drives at the school are existing and wider than most drive aisles. Due to the cost and aesthetics, the School District is requesting a waiver of the requirement to paint the curbs red. 7. The applicant will comply. a. The applicant will comply, E 9. There are no open space lots within the development, Existing landscape areas along the perimeter roadimays and delineated as easements. There are existing stornt drainage retention facilities within the project. It is the intent ofthe District to retain the existing no . o dra i , facilities installed with original private drives. stoma nagc W. Understood, fence A,Requirements 1. All irriggatitm and drainage ditches were piped with the initial development of the School District property. Therefore, this condition is not applicable. .2. The applicant will comply. a. The applicant will comply, 4. The applicant will comply. 5. This condition appears to be an error. No playground equipment is proposed and Exhibit E is the legal description for the private drive. Please delete this condition, 6. The applicant will comply. 7. the applicant will comply, S. The applicant "ill comply. 9, The applicant will comply if applicable. 10, Not applicable to this development. 11. The applicant will comply if applicable. 11 Undcrstcgxl, 11 Not applicable. 14. Not applicable. 15, Not applicable. 16. Not applicable, since no new roadways are proposed with this development. 17. Undersim-4 I S. I'lie applicant will comply, We appreciate Stafr'l review ofour project and resp-111uliv requesi approval of the final plat with the ahove mentioned modifications. Sincerely, Becky McKay. Partner ENGINTFRIING SOLUTIONS, LIY Exhibit B — Approved Preliminary Plat (dated: 11/8/07, labeled as Sheet 1 lop, PRE,r ared by Engineering Solutions, LLP) P eP � ciror�w vss. edia zsst< � bks dmc:-OaR } s+m �an�yrr.unx Education Campus Sub. 2 FP.doc PAGE 6 cv F M Exhibit C — Proposed Final Plat0 0 vLAT E'DUCAr[OA[ C4MPUS SUBDIVISION NO, 2 A RE-5jBDjw-qQx OF LOTS I AND 2, 8L&CK I or r..DUCATItN CAMPVS Wt,ATEO IN 'THE q 1/2 OF Tof. thW ^p or STUION 32, J,kj MERIDIAN. ADA GOUNTY, ICAHO 2008 t LEON 1w jm Ow"A'sa- r =79 717" '17f Nl� + A 6 4 717" '17f Nl� A - ----------------------- Education Campus Sub. 2 F?.doc PAGE 7 A N OR J N - ----------------------- Education Campus Sub. 2 F?.doc PAGE 7 Exhibit D —Landscape Plan Existing Landscaping Proposed Landscaping Education Campus Sub. 2 FP.doc PAGE 8 At Proposed Landscaping Education Campus Sub. 2 FP.doc PAGE 8 0 0 Exhibit E — Private Street Easement Legal Descriptions & Exhibit Drawing PRIVATE ROADWAY DESCRIPTION FOR EAST HERITAGE PARK LANE EDUCATION CAMPUS SUBDIVJSION #2 Portion of Lots 1 and 2, Block 1 of Education Campus Subdivision, as same is recorded in Book 86 of Plats at Page 9804. Records of Ada County, Idaho, located in the North 1f2 Of the Southwest 114 of Section & Township 4 North, Range I East, Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as follows: Commencing at the West 114 Corner of said Section 32, from which the Southwest corner Of said Section 32 bears South W31'04" West, 2658.95 feet; Thence along the West boundary line of said Section 32 South 00'31'04- West, 997,11 feet; Thence departing said West boundary line South 89'38'40' East, 48.00 feet to a point lying on the East right-of-way line of North Locust Grove Road, said point being the Southwest corner of Lot 1, Block I of said Education Campus Subdivision Thence along said East right-of-way line and the West boundary line of said Lot I Ni;i4h 00°31'04" East 376.13 feet to the REAL POINT OF (BEGINNING. Thence continuing along said East right-of-way line and said West boundary line North 00'31'ID4" East, 45,00 feet; Thence leaving said East right-of-way line and said West boundary line South 89'31TQ4 'East. 120,23 feet: Thence 46.15 feet along the arc Of a curve to the left having a radius of 75 00 feet, a central angle of 35,15,10", and a long chord which bears North 7743-45" East, a distance of 45,42 feet; Thence North 55'06'10" East. 6.56 feet-. Thence 23,99 feet along the arc of a curve to the right having a radius of 150.00 feeL a central angle of 09'09'52", and a long chord which bears North 59641'06" East a distance of 23,97 feet Thence North 64'16'i32" East, 18.96 feet, Thence 68,30 feet along the arc of a curve to the right having a radius of 150.00 feet, a central angle of 26'05'18", and a lonq chord which bears North 77'18'41 " East, a distance of 67.71 feet; Thence South 89'38*40" East, 427,14 feet: Thence South 001*21'2W West, 32.00 feet, Thence North 89*38*40" West, 434,31 feet, Thence 70.16 feet along the arc of a curve to the left having a radius of 60.00 foeL a central angle of 67'1006". and a long chord which bears South 56-5117" West, a distance of 66.23 feet, Thence 48.1a feet along the arc; of a reverse curve to the right having a radius of 45.00 feet, a central angle of 611`213`56", and a long chord which bears South 544'01'42' West, 8 distanm of 45,91 feet, * Thence South 85'19'05' West, 29.93 feet: Thence North 89'38'40" West 143,41 feet to the POINT OF BEGINNING, Gontaining 26,448 square feet, more or less. Education Campus Sub. 2 FP.doc PAGE 9 0 0 PRIVATE ROADWAY DESCRIPTION FOR NORTH SUMMERSIDE LANE EDUCATION CAMPUS SUBDIVISION #2 A Portion of Lot 2. Block I of Education Campus Subdivision, as same is recorded in Bot* 86 of Plats at Page 9804, Records of Ada County, Idaho, located in the North 1r2 of the Southwest 114 of Section 32. Township 4 North, Range 1 East, Boibe Meridian, City of Meridian, Ada County Idaho, more Particularly described as follows*. Commencing at the West 114 comer of said Section 32, from which the Southwest comer of said Section 32 bears South 00'31'04' West, 2658.95 feet Thence along the West boundary line of said Section 32 South 00*31'04" West, 997-11 feet; Thence departing said West boundary line South 88"38'40" East, 48.00 feel to a point tying on the East right-of-way line of North Locust Grove Road, said point being the Southwest comer of Lot 1, Block I of said Education Campus Subdivision, Thence along said East right-cf-way line and the Wast boundary line of said Lot 1 North 00'3 1 W" East, 421.13 feet: Thence leaving said East right-of-way fine and said West boundary line South 89*38'40' East. 120,23 feet: Thence 46,15 feet along the arc of a curve to the left having a radius of 75.00 feet, a central angle Of 35`15°10', and a long chord which bears North 724Y45' East, a distance of 45,42 feet, Thence North 55"06'1 0" East, 6.56 feet. Then23.99 feet along the arc of a curve to the right having a radius of 150.00 feet, a central angle of 09'09!52'. and a long chord which bears North 59*41'06' East a distance of 23,97 feel, Thence North 64'16'02" East: 18.96 feet, Thence 68.30 feet along the arc of a curve to the right having a radius of 150,00 feet, a central angle of 26T618*, and a long chord which bears North 77'18'41" test, a distance of 67.71 feet: Thence South 89'3849' East, 334.14 feet to the REAL POINT OF BEGINNING; Thence 47.04 feet a" the arc of a curve to the left having a radius of W 00 feet, a central angle of 89'50'16', and a long chord which bears North 45126'12" East, a distance of 42.37 feet. Thence North 00'31'04' East, 313.16 feat: Thence North 05'26'13" West, 48.20 feet. Thetxx4 North 00'31'04' East. 24.71 feet: Thence 47.17 feet along the are of a curve to the left having a radius of 30.00 feet, a central angle of 90'05'39", and a long chord which bears North 44'31'46" West a distance of 42,46 feet to a Point On the South right-of-way line of East Leigh Field Drive; Thence along said right-of-way line South 89'34'35" East: 108,00 feet: Thence leaving said South right-of-way line 47.07 feet along the arc of a nor) - tangent curve to the le -ft having a radius of 30.00 feet, a central angle of 89'5421', and a tong chord which bears South 45128'14" West, a distance of 42,39 feet. Thence South 00°31'04" West 25,41 feet; Thence South 06"28'21" West, 48.20 feet, Thence South 00'31'04' West 306.82 feet: Thence 42.17 feet along the arc of a curve to the left having a radius of 30,,00 feet, a central angle of 80'32'23', and a tong chord which bears South 39'45'07' East, a distance of 38.78 feet Thence South 00"21'20" West, 5.97 foot Thence North 89'38'40' West, 93.00 feet to the POINT OF BEGINNING. Containing 18,640 square feet, more or less, Education Campus Sub. 2 FP.doc PAGE 10 0 0 11 iA S-31 5-32 ................... . ....... - .. ........ LEACIA FIELD DR. -17 1 M 00 .... . . ...... . . . ........... ....... ..... IDAHO SURVEY GROUP, P,C. coo— — — 4 7 07 Kly S l,?qVA W2 w 4'w N, SUMMERSICSE LANE\ , T- . ........... ...... D (PRI VATE) .... . . . . ............ 7 59" lZo C3 - W N, SUMMERME qu a % LANE DESS, 4A n0on F - q ;.& BLOCK 1 2, , ZA iRITAGE E. HEIPARK LANEE (PRIVAT:-7) il, (E. HFRIIAGE PARK. LAINE DESC, ) Jc T.40RAE, t TA DI 7 X31 3 E. STACK ROAD t --I i. JT �N�7Tti Ron THT-5 ETiT S.67S.5p. . F , i 19 13NME, Mal') --h w2l.Nown, � ............ . .... . . PrIA,awls, -L -17 1 M 00 .... . . ...... . . . ........... ....... ..... IDAHO SURVEY GROUP, P,C. Vy� SCALE: 1" 20A PWATE <,'--)AD EA'SEME.NT E-,XHlr-Hl DMONG FOR -M? EDUCATON CAMPtiS SUBDIASION NO, 2 Education Campus Sub. 2 F?.doc PAGE 11 coo— — — 4 7 07 Kly S l,?qVA W2 w 42.3 1 31780 , T- . ........... ...... 7 59" Vy� SCALE: 1" 20A PWATE <,'--)AD EA'SEME.NT E-,XHlr-Hl DMONG FOR -M? EDUCATON CAMPtiS SUBDIASION NO, 2 Education Campus Sub. 2 F?.doc PAGE 11 Exhibit F - Required Findings from Unified Development Code 0 1. Private Street Findings: A. The design of the private street meets the requirement of this article. The applicant shall comply with the private street design standards listed in UDC 11-317-4 and the condition of approval listed in this staff report. B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity. If the Applicant complies with the conditions listed in this staff report pertaining to private streets, Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are designed and constructed in accordance with UDC 11-317-4. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Staff finds that the use and location of the proposed private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan. Education Campus Sub. 2 FP.doc PAGE 12 • February 6, 2009 MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT Coleman Homes ITEM NO. 10 REQUEST Request for Final Plat approval of 38 single-family lots and 8 common lots on 11.63 acres in an R-8 zone for Oakcreek Subdivision No.1 — south of • west McMillan Road and west of North Black Cat 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: COMMENTS See attached Shift Report No Comment OTHER: See attached REV Plat / Response to Staff Report _ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF COLEMAN HOMES FOR FINAL PLAT APPROVAL OF 38 SINGLE- FAMILY LOTS AND 8 COMMON LOTS ON 11.63 ACRES IN AN R-8 ZONING DISTRICT LOCATED SOUTH OF W. MCMILLAN RD. AND WEST OF N. BLACK CAT RD. IN THE PORTION OF THE NE 1/ OF SECTION 33, T. 4N. R. 1W. C/C February 10, 2009 CASE NO. FP -09-001 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 February 10, 2009, and the Council finding that the Administrative Review is complete from Sarah Wheeler, Assistant City Planner for the Planning Department, and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: February 10, 2009, 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 OAKCREEK SUBDIVISION NO. 1 LOCATED SOUTH OF W. MCMILLAN RD. AND W. OF N. BLACK CAT RD. IN THE NE '/ OF SECTION 33 T. 4N. R. 1W. BOISE MERIDIAN, MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKCREEK SUBDIVISION NO. 1 / (FP -09-001) Page 1 of 3 ADA COUNTY, IDAHO 2009, HANDWRITTEN DATE: 02/10/2009, SHEET 1 OF 2, IDAHO SURVEY GROUP", COLEMAN HOMES, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sarah Wheeler, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: February 10, 2009, listing 10 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 7 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 2 pages, and by this reference incorporated herein. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKCREEK SUBDIVISION NO. 1 / (FP -09-001) Page 2 of 3 0 • 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 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe 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 FcbnAarL, 2009 i111tlN/rrr r ZGJy/�� o Tammy erd Mayor of Meridian Attest: SEALni - � ops aycee Holman, City Clerk IW%'00� Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: Dated:V" ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKCREEK SUBDIVISION NO. 1 / (FP -09-001) Page 3 of 3 CITY OF MERIDIAN PLANOG AND PUBLIC WORKS DEPARTMOTS STAFF REPORT STAFF REPORT: Meeting Date: February 10, 2009 TO: Mayor and City CouncilC (I IDIAN. FROM: Sarah Wheeler, Assistant City Planner l " 208-884-5533 Scott Steckline, Land Development Supervisor �S 208-898-5500 SUBJECT: FP -09-001 Oakcreek Subdivision No. 1 STAFF RECOMMENDATION Staff recommends approval of the Oakcreek Subdivision No. 1 Final Plat with 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, Coleman Homes, has applied for final plat approval of 38 residential building lots and 8 common lots on 11.63 acres of land for Oakcreek Subdivision No. 1. The proposed subdivision is zoned R-8 (Medium Density Residential District). The gross density is 3.27 dwelling units per acre and the net density is 4.69 dwelling units per acre. The City Council approved the preliminary plat for Oakcreek Subdivision on October 28, 2008. The Oakcreek annexation (AZ -08-004), approved on October 28, 2008, included a concept and phasing plan for 318.74 acres. The applicant concurrently submitted a preliminary plat for a 30 acre parcel located near the southwest comer of McMillan and Black Cat Roads consisting of 118 residential lots and 21 common lots. Applicant has submitted a final plat for phase one of the approved preliminary plat. Phase one incorporates 38 single-family lots and 8 common lots. The requested final plat substantially complies with the approved preliminary plat since the preliminary plat for this phase consisted of 40 single-family lots and 9 common/other lots. Amenities provided as part of Oakcreek subdivision included in this phase consist of a pocket park with shelter, picnic table, benches and a tot lot. Oakcreek Subdivision No. 1 is located south of W. McMillan Road and west of N. Black Cat Rd. in a portion of the NE '/ of T. 4N. Rl W., Section 33. This property has not been previously platted. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ -08-004) and development agreement (instrument #109009629), and preliminary plat (PP -08-003) applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 10/28/2010 for the subject phase, or the applicant has not received time extension approval, the Preliminary Plat approval for this subject phase shall expire. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Any existing building(s) shall be moved, prior to signature of the final plat by the City Engineer. Oakcreek Sub 1 FP.doc PAGE 1 CITY OF MERIDIAN PLANOG AND PUBLIC WORKS DEPARTMOTS STAFF REPORT 5. Revise or add the following note(s) on the face of the plat prepared by Engineering Solutions, LLP, stamped on by Gregory G. Carter, prior to signature of the final plat by the City Engineer: 8.) Revise to read, "... homeowners association, ." 10.) Include instrument number 109009629. 13.) Include instrument number. *.) The plat shall be stamped and signed by the surveyor. 6. The landscape plan, prepared by Jensen Belts Associates, and dated 01/29/2009 is approved with the following changes: a. Pe UDG 11--14 AIR9 alIstfeetk'4VU-11-1PQgh ll i. t a fMM ,.i, i. . Applicant revised final plat to remove knuckles and no longer needs the required landscape islands. b. Revise the landscape plan to reflect the additional width and landscaping for the required street buffers along McMillan Road and Black Cat Road (as depicted on the face of the plat). C. The pumphouse depicted on the proposed landscape plan and located along Black Cat Road is not allowed within the required 35 -foot landscape buffer. Relocate the proposed pumphouse and revise plan accordingly. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. The revised plan shall be consistent with the changes listed above. 7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. 8. 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 mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 9. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 10. 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 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 inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior Oakcreek Sub 1 FP.doc PAGE 2 CITY OF MERIDIAN PLANOG AND PUBLIC WORKS DEPARTMINTS STAFF REPORT 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. 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. The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 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 construction plan approval.. 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. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 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 9-14 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. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 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 ACHD. 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. Oakcreek Sub 1 FP.doc PAGE 3 CITY OF MERIDIAN PLANOG AND PUBLIC WORKS DEPARTATS STAFF REPORT 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 approved prior to the issuance of a certification of occupancy for any structures within the project. EXHIBITS A. Proposed Final Plat B. Proposed Landscape Plan Oakcreek Sub 1 FP.doc PAGE 4 CITY OF MERIDIAN PLANOG AND PUBLIC WORKS DEPARTMIRTS STAFF REPORT Exhibit A fl;PY fm g ".ESE si... sou ,isss *•� � •' > a � ki �' C.hiR .& •S AFiw M j'. AYfix9 3 y r. ¢ y �'f m m $ 2 Sn ..V><_ rm� r �z . esx AM IN illi' +a u " 3b11.L N K ,{� S 4 .aY. c Oakcreek Sub 1 FP.doc PAGE 5 Ni za Ti LL N z w u. Cb CJ Z �#. Pig, $ N � 4 11 M. &y, �. d e fl;PY fm g ".ESE si... sou ,isss *•� � •' > a � ki �' C.hiR .& •S AFiw M j'. AYfix9 3 y r. ¢ y �'f m m $ 2 Sn ..V><_ rm� r �z . esx AM IN illi' +a u " 3b11.L N K ,{� S 4 .aY. c Oakcreek Sub 1 FP.doc PAGE 5 Ni za Ti LL N z w u. Cb CJ Z W fl;PY fm g ".ESE si... sou ,isss *•� � •' > a � ki �' C.hiR .& •S AFiw M j'. AYfix9 3 y r. ¢ y �'f m m $ 2 Sn ..V><_ rm� r �z . esx AM IN illi' +a u " 3b11.L N K ,{� S 4 .aY. c Oakcreek Sub 1 FP.doc PAGE 5 X11 w •i ��{i4'Ilr-.-_.._ i i i i -i 31 PUNT SDOX11E LANDSCAPE CALCULATIONS NOTES oomro�..nerama �m mmaa Oakcreek Sub 1 FP.doc PAGE 6 CITY OF MERIDIAN PLANOG AND PUBLIC WORKS DEPARTMOTS STAFF REPORT SHELTER PICNIC TABLE PARK BENCH TREE PLANTING/ DETAIL DETAIL DETAIL STAKING DETAIL Oakcreek Sub 1 FP.doc PAGE 7 MT N 6120�t! E • City of Meridian Attn: Mayor and City Council 33 E. Broadway Avenue Meridian, Idaho 83642 . I " I • 1029'.N'. Rosario Street, Suite 100 Meridian, ID 83642 Phone; (208) 938-0980 F&v (208) 938-0941 We have reviewed the staff conditions for the City Council meeting of February lb. 2009, and submit the following revised responses. Site SRecific Conditions 1. The applicant will comply. 2. Understood. 3. The applicant will comply. 4. There are, no existing buildings on the property. 5. The applicant will comply. 6 (a). The applicant has revised the final plat and eliminated the knuckles, 6 (b -c). The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. There are no storm drainage ponds within phase 1. However, a pressure irrigation storage pond is proposed within the open space adjoining the Settlers Canal. This was a requirement of Settlers Irrigation District. 0 0 General Reg uirements 1. The applicant will comply with the exception of the Settlers Canal which was exempted from piping with the preliminary plat approval. 2. Understood. 3. The applicant will comply. El WK TIS M 7 "113 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply, if applicable. 8. The applicant will comply, if applicable. 9. The applicant will comply. 10. The applicant will comply. 11. There are no existing wells on the property. 12. There are no existing septic systems on the property. 13. The engineer will comply. 14. The engineer will comply. 15. The engineer will comply. We appreciate staff's review of our project and respectfully request approval of the final plat with the above mentioned modifications. Sincerely, I MONEN oil, I V 11 1104 NOW-Mej MU NM - PA 0 • February 6, 2009 MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT ITEM NO. REQUEST Public Hearing — Adoption of Meridin City Clerk's Fee Schedule 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 properly of the City of Meridian. CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 7:00 p.m. on Tuesday, February 10, 2009, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding adoption of the City Clerk's Office Fee Schedule, as set forth below. Further information regarding the proposed fee schedule is on file in the City Clerk's Office at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho and is available for inspection during business hours. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials should be submitted to the City Clerk no later than seven (7) days prior to the above hearing date. All testimony and materials presented at public meetings shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public hearing. Proposed Citv Clerk's Office Fee Schedule: Beer license — retail $50.00 Beer license — by the drink $200.00 Wine license — retail $200.00 Wine license — by the drink $200.00 Liquor license — by the drink $562.50 Alcohol catering permit $20.00 Liquor/beer/wine license transfer $100.00 Citizen's Use Permit $50.00 Dog license — neutered $16.00 Dog license — non -neutered $21.00 Dog license — vicious $100.00 Lost dog tag replacement $5.00 Fireworks Display Permit $125.00 Retail Sales of Non -Aerial Common Fireworks Permit $25.00 Temporary Use Permit — Special Event/Outdoor Market (in a park) $150.00 Temporary Use Permit — Special Event/Outdoor Market (not in a park) $85.00 Temporary Use Permit — Promotional Sales Unit $65.00 Temporary Use Permit — Temporary Sales Unit $50.00 Temporary Use Permit — Subdivision Model Home or Subdivision Real Estate Sales Office $65.00 Expedited processing of Temporary Use Permit application (submitted after deadline) $20.00 Mobile Sales Unit License $75.00 Mobile Sales Unit License renewal $75.00 Pawnbroker's License $45.00 Pawnbroker's License renewal $45.00 L� • Massage Establishment License $70.00 Massage Establishment License renewal $70.00 Massagist License $50.00 Massagist License renewal $50.00 Private Patrol Service License $60.00 Private Patrol Service License renewal $60.00 Private Security Service License $60.00 Private Security Service License renewal $60.00 Private Patrol Agent License $60.00 Private Patrol Agent License renewal $60.00 -Paper copies of public record information Labor to redact nonpublic records Labor to make paper copies (more than 100 pgs or longer than 2 hrs) $0.10/page Hourly $21.79/hour CD or DVD with public record information $1.00 each Labor to upload documents to CD/DVD or make CD/DVD copies Thumb drive with public record information Hourly $7.50 each Labor to upload documents to thumb drive NSF check fee Hourly $20.00 DATED this 23rd day of January, 2009. JAYCM HOLMAN, CITY PUBLISH on January 26, 2009 and February 2, 2009. Page 2 of 2 ''< REAL • CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE February 10, 2009 ITEM # 11 PROJECT NUMBER Adoption of Meridian PROJECT NAME City Clerk's Fee Schedule PLEASE PRINT NAME I FOR I AGAINST INEUTRAL1 0 • February b, 2009 MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT ITEM NO. 12 REQUEST Resolution — Adopting Meridian City Clerk's Office Fee Schedule AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution 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. CITY OF MERIDIAN RESOLUTION NO. -"l _ U J 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE MERIDIAN CITY CLERK'S OFFICE FEE SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 10, 2009, the City Council of Meridian held a hearing on the adoption of the proposed Meridian City Clerk's Office Fee Schedule as set forth herein; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said proposed Meridian City Clerk's Office Fee Schedule; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Meridian City Clerk's Office Fee Schedule is hereby adopted, as follows: MERIDIAN CITY CLERK'S OFFICE FEE SCHEDULE Beer license — retail $50.00 Beer license — by the drink $200.00 Wine license — retail $200.00 Wine license — by the drink $200.00 liquor license — by the drink $562.50 Alcohol catering permit $20.00 -Liquor/beer/wine license transfer $100.00 Citizen's Use Permit $50.00 Dog license — neutered $16.00 Dog license — non -neutered $21.00 -Dog license — vicious $100.00 Lost dog tag replacement $5.00 Fireworks Display Permit $125.00 Retail Sales of Non -Aerial Common Fireworks Permit $25.00 -Temporary Use Permit — Special Event/Outdoor Market in a ark) $150.00 Temporary Use Permit — Special Event/Outdoor Market (not in a ark) $85.00 Temporary Use Permit — Promotional Sales Unit $65.00 Temporary Use Permit — Temporary Sales Unit $50.00 Temporary Use Permit — Subdivision Model Home or Subdivision Real Estate Sales Office $65.00 Expedited processing of Temporary Use Permit application (submitted after deadline $20.00 Mobile Sales Unit License 1$75.00 $75.00 Mobile Sales Unit License renewal ADOPTION OF MERIDIAN CITY CLERK'S OFFICE FEE SCHEDULE PAGE 1 OF 2 0 • Pawnbroker's License $45.00 Pawnbroker's License renewal $45.00 Massage Establishment License $70.00 Massage Establishment License renewal $70.00 Massagist License $50.00 Massagist License renewal $50.00 Private Patrol Service License $60.00 Private Patrol Service License renewal $60.00 Private Security Service License $60.00 Private Security Service License renewal $60.00 Private Patrol Agent License $60.00 Private Patrol Agent License renewal $60.00 Paper copies of public record information $0.10/ age Labor to redact nonpublic records Hourly Labor to make paper copies (more than 100 pgs or longer than 2 hrs) $21.79/hour CD or DVD with public record information $1.00 each Labor to upload documents to CD/DVD or make CD/DVD copies Hourly Thumb drive with public record information $7.50 each Labor to upload documents to thumb drive Hourly NSF check fee $20.00 Section 2. That the City Clerk is hereby authorized to implement and carry out the collection of said fees. 2009. m Section 3. That this Resolution shall be in full force and effect on March 2, 2009. ADOPTED by the City Council of the City of Meridian, Idaho this 10th day of February, APPROVED by the Mayor of the City of Meridian, Idaho, this 10th day of February, APPROVED: `,+rrr�rririrrrri i "I" ADOPTION OF MERIDIAN CITY CLERK'S OFFICE FEE SCHEDULE PAGE 2 OF 2 February 6, 2009 MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT ITEM NO. 13 REQUEST Public Hearing — 2007 Action Plan Amendment for Meridian's Community Development Block Grant (CDBG) Program 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 Staff Report jb-,p PH q=,t-,, �cr so dmv OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • Page 1 of 1 Tara Green From: Sarah Wheeler Sent: Thursday, February 05, 2009 10:59 AM To: Jaycee Holman; Machelle Hill; Tara Green Cc: Matthew Ellsworth Subject: CDBG 2007 Action Plan Amendment Follow Up Flag: Follow up Flag Status: Green Attachments: 2007 CDBG Action Plan Amendment.doc Hi Tara, Attached is the staff report for the CDBG amendment for public hearing February 10th Thanks, Sarah Sarah Wheeler Assistant City Planner swheeler(a,meridiancity.org City of Meridian Planning Department 33 E. Broadway Meridian, Idaho 83642 Ph: (208) 884-5533 Fax #: (208) 489-0577 2/6/2009 • STAFF REPORT Hearing Date: February 10, 2009 TO: Mayor and City Council E IDIAN-- FROM: Matt Ellsworth, Associate City Planner (208) 884-5533 SUBJECT: 2007 Community Development Block Grant Action Plan Amendment, Public Comment Period 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The 2007 Action Plan allocated just over $110,000 towards the demolition of a blighted and substandard property within the Meridian Urban Renewal Area. The project cost $30,000.00 leaving a balance of unspent funds in the amount of $80,000.00. In accordance with our citizen participation plan, which was approved with the CDBG Consolidated Plan, we are required to have a public comment period to obtain input when additional projects are added to the CDBG program. We are proposing to amend the 2007 Action Plan to add two new projects to expend residual grant funds. 2. SUMMARY RECOMMENDATION Staff recommends opening the public hearing comment period commencing February 10, 2009 and closing on Wednesday, March l la' at 5:00 P.M for the purpose of obtaining comment on the proposed projects listed below. 3. SUMMARY OF SUBSTANTIAL AMENDMENT a. At this time, staff is proposing to amend the 2007 action plan to add two new projects. The projects are briefly listed below: 1. Provide Meridian Food Bank with $10,000 to substantially increase their ability to serve the Meridian area and 2. Provide the Boys and Girls Club with $2,000 to build a fence around their new location to allow staff additional time to spend with other children. A copy of the full report can be found online at hqp•//www meridiancity.orpg,/ lanning zoning/community development/index.w . 4. PROCESS FACTS a. Published public notice January 26, 2009 in the Idaho Statesman and Valley Times. 5. EXITS a. Tables of New Projects Jurisdiction's Name: Priority Need: Project Title • Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Community Improvement Boys and Girls Club Fence Project Description The City intends to provide the Boys and Girls club with $2,000 to help pay for the installation of a fence to enable the Club to provide safe outdoor space to Club members, as well as free up staff time to serve more members in quality programs. Objective category: ® Suitable Living Environment ❑ Decent Housing Opportunity Outcome category: ❑ Availability/Accessibility ❑ Affordability Location/Target Area 911 N. Meridian Rd., Meridian, Idaho 83642 Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation 03D 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 03/20/2009 09/30/2009 Performance Indicator Annual Units # of individuals served 30 Local ID Units Upon Completion 30 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ Economic N Sustainability $2,000 $2,000 ._....................................._......................... $2,000 ................................................................... The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs 0 0 U.S. Department of Housing and Urban Development Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Community Improvement Project Title Meridian Food Bank Public Service OMB Approval No. 2506-0 (Exp. 8/31/200 Description The City intends to provide a $10,000 grant to the Meridian Food Bank to pay for labor, supplies, and materials needed to operate the facilities to help qualifying LMI Meridian families during this hard economic time. Objective category: Opportunity Outcome category: Location/Target Area Citywide as applicable ® Suitable Living Environment ❑ Decent Housing ❑ Availability/Accessibility Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation 5 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 03/20/2009 09/30/2009 Performance Indicator Annual Units # of families served 30 Local ID Units Upon Completion 30 ❑ Affordability Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ❑ Economic ® Sustainability $10,000 ................................................................... $10,000 ............ _..................................................... $10,000 _ ..................................... _........................ The primary purpose of the project is to help: ❑ the Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE February 10, 2009 ITEM # 13 PROJECT NUMBER 2007 Action Plan Amendment for Meridian's PROJECT NAME Community Development Block Grant (CDBG) Program PLEASE PRINT NAME I FOR I AGAINST INEUTRAD 0 0 February 6, 2009 MDA 08-007 MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT Solitude Development, LLC ITEM NO. 14 REQUEST Public Hearing — Request to modify the Development Agreement for Solitude Place Subdivision — east side of Meridian Road and south of 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 Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. February 6, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT Sea to Sea. LLC February 10, 2009 ITEM NO. S REQUEST Public Hearing — Request to modify the Development Agreement for Knight Sky Estates -- 6555 North Linder Road 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: ITD: US WEST: INTERMOUNTAIN GAS: See attached Staff Report A-Ptv(-- See attached Comments See attached Comments MERIDIAN POST OFFICE: OTHER: See attached Affldavft of Posting / Email from Rose Law Group Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 C� Tara Green From: Emily Kane Sent: Friday, January 23, 2009 1:17 PM To: Tara Green Cc: Jaycee Holman; Nancy Radford Subject: Ordinance and dept. report for Tuesday 0 Attachments: Ordinance Deleting Fees from Code Text First Reading 1-27-09.doc Hi, Tara. Here is the document that goes with the Clerk's Office Dept. Report for Tuesday. It should also be on for first reading. The dept. report can be called "Discussion of License and Permit Fee Exemptions" and the other one can be called "Ordinance no. : Deleting In -Code References to Clerk's Office Fees." This document was updated today so please replace the previous version with this one. Thanks so much and let me know if any questions. Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-SSO6 Fax: 208-884-8723 E-mail: ekane@meridiancity.org 1/23/2009 I� X1 CITY OF MERIDIAN ORDINANCE NO. S BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 3, CHAPTER 1, MERIDIAN CITY CODE, REGARDING FEES FOR INVESTIGATION OF LICENSE OR PERMIT APPLICANTS; AMENDING TITLE 3, CHAPTER 2, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR BEER, WINE, AND LIQUOR LICENSES AND THE TRANSFER THEREOF; AMENDING TITLE 3, CHAPTER 4, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR MOBILE SALES UNIT LICENSES, TEMPORARY USE PERMITS, AND CITIZEN'S USE PERMITS; AMENDING TITLE 3, CHAPTER 5, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR PAWNBROKER LICENSES; AMENDING TITLE 3, CHAPTER 6, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR MASSAGE ESTABLISHMENT AND MASSAGIST LICENSES; .AMENDING TITLE 3, CHAPTER 8, MERIDIAN CITY CODE REGARDING APPLICATION FEES FOR PRIVATE PATROL SERVICE, PRIVATE SECURITY SERVICE, AND PRIVATE PATROL AGENT LICENSES; AMENDING TITLE 5, CHAPTER 4, MERIDIAN CITY CODE, REGARDING APPLICATION FEES FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS PERMITS AND PUBLIC FIREWORKS DISPLAY PERMITS; AMENDING TITLE 6, CHAPTER 2, MERIDIAN CITY CODE, REGARDING DOG LICENSE AND LOST DOG TAG FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clerk's Office has established a fee schedule that, for purposes of expediency and clarity, shall hereafter be incorporated by reference rather than enumerated in the text of the code; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That the following section of Title 3, Chapter 1, Meridian City Code, be amended to read as follows: 3-1-6: INVESTIGATION OF APPLICANT; REQUIREMENTS: C. Payment Of Costs: The applicant shall pay for the costs of the city for all federal bureau of investigation, state of Idaho department of law enforcement, or any other to the Cily Clerk any and all applicable fees for any and all criminal or other investigations requested, or performed, by the city required for City licensure, which fees shall be set forth in the fee schedule of the City Clerk's Office. Section 2. That the following sections of Title 3, Chapter 2, Meridian City Code, be amended to read as follows: 3-2-2: LIQUOR BY THE DRINK: CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 1 OF 10 B. Application For License; Fee: Anapplicant for a liquor by the drink license shall make application to the city clerk, and pay the license fee of seve.,ty &e „eee t (7504) e fth amount of the heense fee eelleeted by the dir-eaer of the depaAment of law efffereement e the state pufsuant to the prreN4siew ef 1dahe Code ehapter- 9, fit4e 23. if the heense fee is paid to T„1 1 t1, fee shall b a but if the l;eeme fee ipaid after. JWy 1 the fee shall net be pre,..,tea and shall be a half (1/2) of the annual lieense f e asset forth in the fee schedule of the City Clerk's Office. E. License Transfer; Fee: Licenses may be transferred under the provisions of Idaho Code chapter 9, title 23, provided the transferee meets the requirements of a licensee, h” paid a tT-msfer-fee of fifty dollars (ecn 00)pUs the fee for such transfer as set forth in the fee schedule of the City Clerk's Office, and the mayor and city council have approved of the transfer of the license. 3-2-3: WINE: B. Application For License; Fee: An applicant for a wine license shall make application to the city clerk, and pay the license fee of twe hundfed aellaFs ($200.00); if the license fee ; prior- te JWy 1, the fee shall be > > the fee shall not be pr-e,..,tea and shall be one half (!/-2) e ft1,e ., .,1 l;ewise fee as set forth in the fee schedule of the City Clerk's Office. D. License Transfer; Fee: Licenses may be transferred under the provisions of Idaho Code chapter 13, title 23, provided the transferee meets the requirements of a licensee, has paid t,., asf fee of fifty cellar -s ($50 nmpys the fee for such transfer as set forth in the fee schedule of the City Clerk's Office, and the mayor and city council have approved of the transfer of the license. 3-2-4: BEER: B. Application For License; Fee: An applicant for a beer license shall make application to the city clerk; and pay the license fee oft,.,e hundred a„11., s ($200.00); if -the 1:amse fee : ..:a pfier- to JWY 1, the fee shaU be > > the fee shall not be pr-or-ated and shall be one half (1/2) of the awmal as set forth in the fee schedule of the City Clerk's Office. D. Transfer Of License; Fee: Licenses may be transferred under the provisions of Idaho Code chapter 10, title 23, provided the transferee meets the requirements of a licensee, has paid -a t... nsf r fee of fifty dollars ($50.00 pUs the fee for such transfer as set forth in the fee schedule of the City Clerk's Office, and the mayor and city council have approved of the transfer of the license. Section 3. That the following sections of Title 3, Chapter 4, Meridian City Code, be amended to read as follows: CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 2 OF 10 • 3-4-2: MOBILE SALES UNITS: • A. License and/or permit requirements: It shall be unlawful for any person to operate, allow the operation of, or act as a mobile sales unit without each and all of the following licenses, permits, and/or certifications: 5. A city of Meridian mobile sales unit license. a. Application for a City of Meridian mobile sales unit license shall be made to the City Clerk, and shall include the following: (2) Application fee as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall apply where applicant is or represents: a. A nonprofit organization exempt from federal income tax under 26 U.S.C. section 501(c); o b. A governmental entity. The eity eeaaeil shaH have the authefity to waive in whole or- in part the appheatien feewhen sucha fee would present eas�rds��eq�t-€e r .»,as�p va'`o_ _hal_ be _ado in VliTp5xhall state the Fe....s for- .»aom .o.a, Vt andshall be- delivered to the CityClerk -"u U.S. Mail o n per -sea.. T•,,v t ei sueh request, the City Clerk shall sehedule a publie heafing en the request at a City Cede -( 3`s. The CSGeua6l's deeision en g_f. The City of Meridian Temporary Use Permit shall include, on its face: (1) The name(s) of the permitee and any employees and/or persons permitted to operate or carry on a TEMPORARY USE within the City under such permit; (2) The time(s), date(s), place(s), and manner at and by which the TEMPORARY USE is permitted to occur; (3) A description of the structure(s) that may be erected under such permit; CLERK's OFFICE FEE ORDINANCE UPDATE PAGE 3 of 10 rapY_ W Mer Dom FAA ff� Y. g_f. The City of Meridian Temporary Use Permit shall include, on its face: (1) The name(s) of the permitee and any employees and/or persons permitted to operate or carry on a TEMPORARY USE within the City under such permit; (2) The time(s), date(s), place(s), and manner at and by which the TEMPORARY USE is permitted to occur; (3) A description of the structure(s) that may be erected under such permit; CLERK's OFFICE FEE ORDINANCE UPDATE PAGE 3 of 10 (4) A description of the caretaker unit that may be utilized for the purposes of security and maintenance of the site, if any; (5) A description of the permitted dimensions, quantity, and locations of any and all TEMPORARY SIGNS that may be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the permitted TEMPORARY USE; and (6) Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare and mitigate effects on surrounding property, including, but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists, and/or dust. hg. In addition to any and all other applicable civil or criminal penalties, the City Clerk may revoke a City of Meridian Temporary Use Permit where: (1) Any term or condition of the permit is violated by the permitee or by any employee or person operating or acting under such permit. (2) In the course of operating a TEMPORARY USE, the permitee or any employee or person operating or acting under such permit violates a provision of this Chapter or of any other local, state, or federal law. (3) It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. The City Clerk shall notify the permitee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Temporary Use Permit application. Such revocation shall be effective immediately upon mailing by the City Clerk. Appeal of the City Clerk's revocation of an application of a Temporary Use Permit may be made by the permitee. Such appeal shall be made by City Council in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. 3-4-3: TEMPORARY USES: 6. A City of Meridian Temporary Use Permit, except that a City of Meridian Temporary Use Permit shall not be required for the following activities, provided that this exception shall not exempt such activities from any other requirements of law: FIRST AMENDMENT CLERK's OFFICE FEE ORDINANCE UPDATE PAGE 4 OF 10 0 • ACTIVITY on public or private property; any sale, trade, gift, offer, or display required by court order or by law; GARAGE SALES; or fireworks sales. a. Application for a City of Meridian Temporary Use Permit shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to: (14) Application fee as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall apply: a. Where applicant is or represents a nonprofit organization exempt from federal income tax under 26 U.S.C. section 501(c), b. Where applicant is or represents a governmental entity or o. Where applicant is seeking a temporary use permit for a temporary sales unit for the purpose of conducting a car wash to raise funds for a school or youth organization. The eity eeuw4l shall have the ti,,,,.:,.y to waive in whole or- ..a# the request for- a hardship waivm shall be made in vaiting, sha]4 state the reasons fe sueh Fe"est, and shall be delivefed to the City Clerk via U.S. Mail or- in per -son. Upon reeeipt ef sueh request, the City Clerk shall sehedule a publie hea6fig en th v4diia thirty (30) days. The City Couneil's deeision on such request shall be a final deeision, and may be appealed to Distr-i 34-4: CITIZEN'S USE PERMIT: C. Application for a city of Meridian citizen's use permit shall be made to the city clerk, and shall include the following: 2. Lieens Application fee per as set forth in the fee schedule of the City Clerk's Office, except that no application fee shall aDDly where applicant is or represents: a. A nonprofit organization exempt from federal income tax under 26 U.S.C. sections 501(c)(3)aad-501(e)(6)1 or b. A governmental entity. weuld present an unFeasonable hafdship. A request for- a haWship waivff shall be made i—n vaiting, shall be mailed to the eity elerk -Aa U.S. mail, and shall state the reasons for- SU request at a eity eouneil meeting0) days. nye -sit} eeuneil's deeision. on such request shall be a final decision, a -ad may be a"ealed te distfiet eetut aerseFdiag te Section 4. That the following sections of Title 3, Chapter 5, Meridian City Code, be amended to read as follows: CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 5 of 10 • 3-5-2: LICENSE REQUIRED; APPLICATION AND PROCEDURE: B. Application For License: An application for such license shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall be accompanied by an application fee as set forth in the fee schedule of the City Clerk's Office, and shall include, but not necessarily be limited to, the following information: G. License Issuance, Term: Upon completion of the investigation, the city clerk shall issue, subject to city council approval, and approval of the chief of police, and upon pa�ment of the p•os ;ti.o,7':eense fee, a license which shall expire at the end of the calendar year, unless sooner revoked or surrendered. Section 5. That the following sections of Title 3, Chapter 6, Meridian City Code, be amended to read as follows: 3-6-7: APPLICATION FOR MASSAGE ESTABLISBAIENT LICENSE: Application for a license to operate a massage establishment which employs any persons as massagists not exempted by this Chapter shall be made to the license officer, and shall be accompanied by the application fee as provide by fee schedule, and the application shall contain at least the following: 3-6-8: APPLICATION FOR MASSAGIST LICENSE: Application for a massagist's license by all persons not exempted by this Chapter shall be made to the license officer, and shall be accompanied by the application fee as provided by fee schedule, and the application shall include the following: 3-6-11: LICENSE ISSUANCE; TERM; FEES: Section 6. That the following section of Title 3, Chapter 8, Meridian City Code, be amended to read as follows: 3-8-8: LICENSE FEES; EXPIRATION; FORM: A. Fees: The City heense effieer- sM1 eelleo the following annual heense fees befem th meeptanee of an appliesafien.: CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 6 OF 10 Private-patrel sm4ee $ i nn nn Private patrul agent 25.00 HA. License Expiration: All licenses issued under the provisions of this Chapter shall expire each year. Any person holding a license under the provisions of this Chapter must renew such license for the following succeeding year by payment to the Clerk, the license fees mgi&ed by tWs Chapt as set forth in the fee schedule of the City Clerk's Office, on or before December 31. CB. License Form: The license for a private agent shall be in the form of a card which shall contain the words "Private Patrol Agent"; and shall also bear numerals designating the year in which such license is in force and effect. Section 7. That the following sections of Title 5, Chapter 4, Meridian City Code, be amended to read as follows: 5-4-5: PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS: B. Application for a nonaerial common fireworks permit shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following k&ffnatien: 11. One application fee as set forth in the fee schedule of the City Clerk's Office for each and every peration for which a permit is sought. fee oftwe ty fi.,T dollars ($25.00) nreaeh operation fogwhieh-a p . JI. Each nonaerial common fireworks permit application shall be accompanied by a certificate of insurance for public liability and property -casualty insurance providing coverage of up to one hundred thousand dollars ($100,000.00) for personal injury and property damage. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho. KJ. A nonaerial common fireworks permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance and for only the specific dates and location designatedin the permit, and shall be nontransferable. LK. The city clerk, the fire chief, or a designee of either, may revoke a nonaerial common fireworks permit issued pursuant to this chapter where: 5-4-10: PERMIT FOR PUBLIC FIREWORKS DISPLAY: H. Each public fireworks display permit application shall be accompanied by an application fee of one hundred twenty five dollars ($125.00) fer- eaeh operation for- Whieh a peffi3it is soUgM as set forth in the fee schedule of the City Clerk's Office. Section 8. That the following sections of Title 6, Chapter 2, Meridian City Code, be amended to read as follows: CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 7 OF 10 • 0 6-2-3: CITY OF MERIDIAN DOG LICENSE: E. License Term; Fees: 2. License Fee Schedule: a. General License Fee: The owner of any dog, except as otherwise provided in this chapter, shall make application to the city for a city of Meridian dog license and shall pay a license fee as mss: set forth in the fee schedule of the City Clerk's Office. Neaneutefed male dogs 2i.00- Nenspayed female dogs 21--.W Neutefed or- spayed dogs 16.00 3. Lost Tags; Fee: A ,.har-ge of five dollms (0 .00) shall be made f eaeh lest ,,;,... „f M ffid a dog ,;,.ense tag reissued by the eityor- its i ,mein. designee. The city or its licensing designee shall reissue a lost dog license fes® only upon_ a. Payment of lost dog tag fee as set forth in the fee schedule of the City Clerk's Office, and b. Vverification that the license tag sought to be replaced is for a current and valid city of Meridian dog license, which verification shall be made by reference to the official log(s) of the city or its licensing designee(s). Section 9. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 10. That this ordinance shall be in full force and effect on March 2, 2009. PASSED by the City Council of the City of Meridian, Idaho, this day of LCLK A— 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 1LaA 2009. APPROVED: ze Tammy de , Mayor AT EST: Crr 4 CLERK's OFFICE FEE ORDINANCE UPDA7*, -7Q PAGE 8 OF 10 Jaycee Holman, City Clerk CLERK'S OFFICE FEE ORDINANCE UPDATE PAGE 9 OF 10 February 6, 2009 MERIDIAN CITY COUNCIL MEETING February 10, 2009 APPLICANT ITEM NO. 18 REQUEST Ordinance No. 09-1397: Parking Code Fees 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: ITD: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance Contacted: Date: Emailed: Marr innais: Materials presented at public meetings shall become property of the City of Meridian. Phone: 0 • CITY OF MERIDIAN ORDINANCE NO. ' � BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 6, CHAPTER 1, SECTION 6, MERIDIAN CITY CODE, REGARDING CODE ENFORCEMENT DIVISION AUTHORITY; AMENDING TITLE 7, CHAPTER 2, MERIDIAN CITY CODE, REGARDING PARKING REGULATIONS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has experienced an increase in parking demand throughout the community, and the City Council of the City of Meridian seeks to respond to that demand by clarifying parking regulations and enhancing parking enforcement mechanisms; WHEREAS, Idaho Code § 49-213(3) authorizes non -POST -certified law enforcement officers, such as code enforcement officers, to issue uniform citations for unauthorized parking in a space designated for use by a person with a disability, whether on private or City property, so long as the City so empowers such officers; WHEREAS, Idaho Code § 49-1501 says that only a POST -certified peace officer or ITD employee can issue a uniform citation for violations of Idaho Code Title 49, Chapters 3, 4, 6, 7, 8, and 9 (drivers license and registration, rules of the road, pedestrians and bikes, signs/signals, and equipment violations), but Idaho Code § 19-3901 and State v. Gage, 123 Idaho 875 (Ct. App. 1993) empower non -POST -certified law enforcement officers, such as code enforcement officers, to write uniform citations for violations of non -traffic and parking Idaho Code sections, as well as for violations of city code, including traffic and parking -related City Code violations; and WHEREAS, the City Council of the City of Meridian finds that the regulation of parking serves the public health, safety, and welfare by prohibiting or limiting parking in unsafe, unsuitable, or high -traffic locations; prohibiting or limiting monopolization of shared resources; and protecting the right of persons with disabilities to utilize designated parking spaces; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That a new subsection be added to Title 6, Chapter 1, section 6, Meridian City Code, to read as follows: 6-1-6: CODE ENFORCEMENT DIVISION: A. Division Created: There is hereby created as a division of the police department the code enforcement division, which together with the personnel assigned to this division, shall be under the supervision and direction of the chief of police and commencing with fiscal year 2000-2001 budget of the police department. ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 1 OF 13 • L� B. Functions, Powers And Duties: The enforcement of all Meridian city code regulations and all council actions, orders and decisions involving the issuance of licenses and/or permits, and including the service of notices of enforcement actions which responsibilities are not specifically provided for to other city officers and/or officials by other provisions of this code. C. Code Enforcement Officers shall be empowered to issue uniform citations and parking citations for violations of city code as allowed by Idaho Code and directed by the chief of police or designee. Section 2. That Title 7, Chapter 2, Meridian City Code, be amended to read as follows: 7-2-1: DEFINITIONS: For purposes of this chapter, the following terms shall be defined as set forth in Title 49 Chaff 1, Idaho Code: A. "Gross vehicle weight rating (GVWR)." B. "Motor home." C. "Recreational vehicle." D. "Trailer," and all types thereof. E. "Vehicle." illi I 12! -4 113 U Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic -control device, no person shall: A. £Stop, stand or park any vehicle: 1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;, 2. On a sidewalk or parkway;, 3. Within an intersection;, 4. On a crosswalk;, 5. On a bike lane or bike path as designated by painted lines;_ 6. Within twenty feet (20') of a bike path approach;, 7. Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;, ORDINANCE REvisING CITY OF MERIDIAN PARKING CODE PAGE 2 OF 13 8. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic, 9. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; 10. On any railroad tracks;_ 11. At any place where official traffic -control devices posted at the direction or under the authority of the city or Ada County highway district prohibit or limit such stopping, standing or parking. It shall be prohibited for any person to remain stopped, standing or parked past the time limit prescribed on each traffic -control device. In addition, aAt the expiration of the posted time limit, a new time limit may begin only Mon removal of the vehicle from the block, or five hundred feet 500') from the location in which it was previously parked, whichever is farther, for a minimum of twenty-four 24 hours. B Piek Up Of Disehar-ge Passengers: Stand or park a vehicle, unless driver occupied, except momentarily to pick up or discharge a passenger or passengers: 1. In front of a public or private driveway;_ 2. Within fifteen feet (15') of a fire hydrant;_ 3. Within twenty feet (20') of a crosswalk or a bike/pedestrian curb ramp, except at an intersection where a traffic -control signal is in operation;_ 4. Within thirty feet (30') upon the approach to any flashing signal, stop sign, yield sign or traffic -control signal located at the side of a roadway;, 5. Within twenty feet (20') of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy five feet (75') of said entrance when properly signpostedi, 6. At any place where official traffic -control devices posted at the direction or under the authority of the city or Ada County highway district prohibit such stopping. C.Load Or- Unload : Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers: 1. Within fifty feet (50') of the nearest rail of a railroad crossing;, 2. At any place where official traffic -control devices prohibit such parking. ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 3 OF 13 0 0 D. In such a manner or under such conditions as to leave available less than twelve feet (12') of roadway for the free movement of vehicular traffic. E. And leave such vehicle unattended without stoppiag the motor of the vehicle and effectively setting the brakes of the vehicle. 7-2-23: PARALLEL OR ANGLE PARKING: A. Parallel Parking: 1. Two -Way Streets: Except as otherwise provided in this chapter, every vehicle stopped or parked upon a two-way street shall be stopped or parked with the right-hand wheels parallel to and within eighteen inches (18") of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. 2. One -Way Streets: Except when otherwise provided, every vehicle stopped or parked upon a one-way street shall be stopped or parked parallel to the curb or edge of the street, in the direction of authorized traffic movement, with its right-hand wheels within eighteen inches (18") of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within eighteen inches (18") of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. B. Angle Parking: The police department may permit angle parking on any street, except that angle parking shall not be permitted on any federal aid or state highway unless the state transportation department has determined that the roadway is of sufficient width to permit angle parking without interference with the free movement of traffic. If angle parking is permitted, the vehicle shall not be backed into the parking space with the front of the vehicle facing the roadway. ORDINANCE REVISING CrrY OF MERIDIAN PARKING CODE PAGE 4 OF 13 Mr M 001, VT M-7MATZI D. In such a manner or under such conditions as to leave available less than twelve feet (12') of roadway for the free movement of vehicular traffic. E. And leave such vehicle unattended without stoppiag the motor of the vehicle and effectively setting the brakes of the vehicle. 7-2-23: PARALLEL OR ANGLE PARKING: A. Parallel Parking: 1. Two -Way Streets: Except as otherwise provided in this chapter, every vehicle stopped or parked upon a two-way street shall be stopped or parked with the right-hand wheels parallel to and within eighteen inches (18") of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. 2. One -Way Streets: Except when otherwise provided, every vehicle stopped or parked upon a one-way street shall be stopped or parked parallel to the curb or edge of the street, in the direction of authorized traffic movement, with its right-hand wheels within eighteen inches (18") of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within eighteen inches (18") of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. B. Angle Parking: The police department may permit angle parking on any street, except that angle parking shall not be permitted on any federal aid or state highway unless the state transportation department has determined that the roadway is of sufficient width to permit angle parking without interference with the free movement of traffic. If angle parking is permitted, the vehicle shall not be backed into the parking space with the front of the vehicle facing the roadway. ORDINANCE REVISING CrrY OF MERIDIAN PARKING CODE PAGE 4 OF 13 7-234: PARKING IN ALLEYS: No person shall park any motor home, recreational vehicle, trailer, or vehicle within an alley, except while actively engaged in the expeditious loading and unloading of passengers, supplies and merchandise. In no case shall the stop for- such loading and unloading exceed thirty (30) minutes. No pffsen shall park a vel4e4e upon any stFeet, al ey er- publie pr-epeAy fer- a period of seveenty two (72) b,oufser- longer-. ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 5 OF 13 �-�' - - -AUlm 7-234: PARKING IN ALLEYS: No person shall park any motor home, recreational vehicle, trailer, or vehicle within an alley, except while actively engaged in the expeditious loading and unloading of passengers, supplies and merchandise. In no case shall the stop for- such loading and unloading exceed thirty (30) minutes. No pffsen shall park a vel4e4e upon any stFeet, al ey er- publie pr-epeAy fer- a period of seveenty two (72) b,oufser- longer-. ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 5 OF 13 0 0 7-2-85: PARKING NTIAL AREASON PUBLIC STREETS OTHER THAN ALLEYS: A. Parking on Public Streets: No person shallarp k or place, or cause to be parked or1p aced, upon any public street, regardless of whether attended or unattended: 1. For longer than seventy-two (72) hours: a. AU vehicle having a GVWR of less than twelve thousand (12,000)op unds. b. AU motor home or recreational vehicle. Neither this nor any provision of this chapter shall be construed to authorize M person to sleep in or allow another to slegp in any motor home or recreational vehicle. c. Any utiles trailer that is attached to a vehicle. 2. For longer than two (2) hours: a. Any utility trailer that is not attached to a vehicle. 3. For any length of time, except as otherwise allowed in this section: a. Any vehicle, either motorized or unmotorized, having a GVWR gxeater than twelve thousand (12,000) pounds, unless such vehicle is a motor home or recreational vehicle, in which case the provisions of section 7-2-5(A)(1)Sb shall hall apply. b. Any pole trailer or semi trailer. c. AU vehicle designed or used primarily as farm or construction equipment. B. Time Limit: No per -sea shall park any vehiele upon the stFeets in mty r-esidenfial area wi _t the expiration of the seve t -y two (72) hew applicable time limit set forth in this section, a new time limit may beizin only upon removal of the motor home, recreational vehicle, trailer, or vehicle it from the block, or frHthef th five hundred ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 6 OF 13 c� A. Parking on Public Streets: No person shallarp k or place, or cause to be parked or1p aced, upon any public street, regardless of whether attended or unattended: 1. For longer than seventy-two (72) hours: a. AU vehicle having a GVWR of less than twelve thousand (12,000)op unds. b. AU motor home or recreational vehicle. Neither this nor any provision of this chapter shall be construed to authorize M person to sleep in or allow another to slegp in any motor home or recreational vehicle. c. Any utiles trailer that is attached to a vehicle. 2. For longer than two (2) hours: a. Any utility trailer that is not attached to a vehicle. 3. For any length of time, except as otherwise allowed in this section: a. Any vehicle, either motorized or unmotorized, having a GVWR gxeater than twelve thousand (12,000) pounds, unless such vehicle is a motor home or recreational vehicle, in which case the provisions of section 7-2-5(A)(1)Sb shall hall apply. b. Any pole trailer or semi trailer. c. AU vehicle designed or used primarily as farm or construction equipment. B. Time Limit: No per -sea shall park any vehiele upon the stFeets in mty r-esidenfial area wi _t the expiration of the seve t -y two (72) hew applicable time limit set forth in this section, a new time limit may beizin only upon removal of the motor home, recreational vehicle, trailer, or vehicle it from the block, or frHthef th five hundred ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 6 OF 13 feet (500'), vdii heave - is f M*'ier, from the location in which it was previously parked e , whichever is farther, for a minimum of twen -four (24,) hours. C. Exceptions: The provisions of subsections A and B e this section shall not apply when a vehicle or trailer is parked: 1. For the purpose of loading or unloading materials-, or merchandise, when such passengers, materials; or merchandise are actually being loaded or unloaded, and where such vehicle or trailer is harked within one hundred feet (100') of the loading or unloadingToint.; 2. For any purpose incident to any ongoing, lawful construction project where such construction project is conducted under a valid City of Meridian building permit and such trailer or vehicle is parked within one hundred feet (100') of such construction project,-,- 3. roject.; 3. For any purpose incident to a lawful commercial or industrial operation, leeated in so long as the vehicle is parked within one hundred feet (100') of such commercial or industrial operation. 4. For the pWose of maintenance or response to emergency by a public utility, Public entity,u� blic agency, or the duly authorized agent thereof, where such vehicle is visibly marked and identified as such.; 5. As specifically allowed by a valid permit duly issued by the City of Meridian. 7-2-6: PARKING ON PUBLIC PROPERTY OTHER THAN STREETS AND ALLEYS: A. Parking on Public Proparty: No person shall park or place, or cause to be parked or placed, upon any public property, regardless of whether attended or unattended, for longer than two 2 hours: 1. Any vehicle, either motorized or unmotorized, having a GVWR of or Sreater than twelve thousand (12,000) pounds. 2. Any motor home or recreational vehicle. Neither this nor any provision of this chaff shall be construed to authorize any person to sleep in or allow another to sleep in any motor home or recreational vehicle. 3. AU trailer, whether or not attached to a vehicle. 4. Any vehicle designed or used primarily as farm or construction eqWpment• B. Time Limit: At the expiration of the two-hour time limit set forth in this section, a new time limit may begin only upon removal of the motor home, recreational vehicle, trailer, or ORDINANCE REVISING CrrY OF MERIDIAN PARKING CODE PAGE 7 OF 13 0 0 vehicle from the block, or five hundred feet (500') from the location in which it was previously parked, whichever is farther, for a minimum of twenty-four (24) hours. C. Exceptions: The provisions of this section shall not apply to a motor home, recreational vehicle, trailer, or vehicle that is parked: 1. Where ex rp essly and specifically allowed by the public entity owningsuch uch property b ordinance, resolution, written j2oligL or valid, duly -issued permit. 2. For the purpose of maintenance or response to emergency by public utilityup blit entity, public agency or the duly authorized agent thereof, where such vehicle is visibly marked and identified as such. 7-2-7: PARKING ON CITY PROPERTY WHERE PARKING PERMIT REOUIRED: Notwithstanding any other provision of this chapter, no person shall park any vehicle on any City property where a temporary or permanent parking permit is required unless a valid City Parking Permit duly issued for such vehicle is visibly diMlUed on such vehicle. �7rGZia�iI A iaT-7 E.%i ML, pj -r� . e L � _ • • . !EfKIM PMr_VMPMPUPMWN 7-2408: ENFORCEMENT AUTHORITY; PARKING TICKETS AND PROCEDURES: A. Enforcement Authority: Police officers and mer- p code enforcement officers of the Meridian police department shall be authorized as follows: 1. Enforcement of Laws Regarding Designated Parking for Persons with Disabilities: Police and code enforcement officers shall be authorized to enter upon private property open to the public to enforce the provisions of this-sestietrldaho Code section 49-213, and are empowered to check personal identification to determine if the user of a special license plate or placard is authorized to use a parking space accessible to persons with disabilities. 2. Issuance of Parking Tickets: It shall be the duty of the„Police officers and the vehmtee� pafkin code enforcement officers of the Meridian police department, upon observing vehicle parked, standing or stopped in violation of the provisions of this ,.�chapter may to leave upon such vehicle a separate eetie® ticket for each posted time limit or as frequently as every two (2) hours that such vehicle has be is parked or stepped laced in violation of the provisions of this chapter tis titer. ORDINANCE REVISING Crry OF MERIDIAN PARKING CODE PAGE 8 OF 13 a. Contents of Ticket: Each ticket shall bear the date and hour of leaving the same at or upon the vehicle, make ef the vehiele, and its and license number of such vehicle, the specific code section violated -an= the amount of the fine, eentFel effiee and the address to which payment of such fine shall be mailed or delivered. b. Filing of Tickets: One (copy of each notiee menfiened here ticket issued shall be filed with the police department. c. Responsibility for Violation: If any vehicle is found stopped, standins or parked in any manner violative of the provisions of this chapter and the identity of the o erator cannot be determined, the owner or person in whose name said vehicle is registered or the named lessee in a rental or lease agreement of said vehicle shall be held prima facie responsible for said violation. B. Administrative Procedure; Payment Of Parking Fines: ®Each person receiving a parking ticket under this chapter left upon his or her vehicle shall: 1. Fee Fine Schedule: Within �,e.,t. two (7)'% U--- seven (7) days of the time of such nefieqticket, pay to the police department in full satisfaction of such violation, the &e amount indicated in the following €e® fine schedule for each notice left upon his or her vehicle: a T -e dollars ($ 10.00) Fifteen dollars ($15.00) for each violations of the following sections and subsee4i 7-2-2 (prohibited parking) or 7-2-3 (parallel or angle arkin 72 !A 72 i x-2-4 x-2-5 �72 6 7 7 bTwenty five dell"s ($25 nm Wim, -five dollars ($35.00) r each violations of sections 7-2-4 (parking in alleys) or 7-2-5 (parking in public streets other than alle s), *of tWs a apter 722 x-2-3 728 729 ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 9 OF 13 0 0 c. Fift dollars ($50.00) for each violation of sections 7-2-6 (parking on public prosy other than streets or alleys) or 7-2-7 (parkin on n city roe where parking permit required). d. One hundred. dollars ($100.00), or the fine amount set bylaw, for each violation of Idaho Code section 49-213 (unauthorized use of parking space designated for persons with disabilities). 2. Additional Fe-ePenalty For Late Payment: if Where a parking ticket issued pursuant to this chap has not been paid within the sevea4yk two PTIN U- ­ ,,,seven 7LUs above prescribed, the ticketed party shall incurJr , an additional ep nalty of ten dollars ($l0.00� elu -de($3.00) for €,a:Eh sueh ne fie€ left upon his or- her- vehie4e, th additienal thme dollars ($3.00) for- eaeh said fieket being deemed neraessar-y to defray adnfiffis4afive and eler-ieal expenses. Further, T -the failure of any operator- to r-epeFt an" ticketed person to pay such fine within the times pr-eseribed seven 7)ddays above prescribed abs shall render the eve e operator- thefeef ticketed tarty subject to peaaft es a pm-Aded by sectio 7 2 11 of this c-hapter- the process set forth in this section for nonpayment of parking fine. C. Contested Ticket; Nonpayment of Parking Fine: 7 2 71.Wvri A Trrricn- NS; P VAIENT OF FINE stand,Any owner- or- operator- who shall stop or- park a vehiele in -Aelatien of any ef this ehaptef shall be deemed to have eenuBitted a pafking v4elation. The othis -e ter—.In the event a ticketed party contests such parking ricket, and/or in the event of nonpayment of a fine in accordance with administrative procedure set out hereinabove, an infraction citation or complaint for a parking violation or a failure to pay a parking penalty may be filed in the magistrate division of the district court. 1 1! • N 1. 1. ?ff1WNM Zi ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 10 OF 13 ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 10 OF 13 .�MUM WF m PH UMT lomm -._ - wr"Uff-9 Wm mp - - - Mom - - - Y' - -- - - ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 11 OF 13 WF m PH UMT ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 11 OF 13 Section 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 4. That this Ordinance shall be in full force and effect on April 1, 2009. PASSED by the City Council of the City of Meridian, Idaho, this day of 1� , 2009. I-- APPROVED by the Mayor of the City of Meridian, Idaho, this day of �'fjjl Q� , 2009. APPROVED: Tammy de ����»u�►trrrrrr,� ORDINANCE REVISING CrrY OF MERIDIAN PARKING CODE Mayor PAGE 12 OF 13 • ERjDIANt--1..-, iDAJ 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 February 11, 2008 Cycle 2 MAYOR: This letter attests to the fact that no water users have requested a pre -termination hearing for February 10, 2008. Users having delinquent utility bills will be shut off on February 11, 2008. The total amount past due is $13,860.69 The number of past due customers is 179 Shellie L. Gallagher Utility Billing Manager CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642(208) 888-4433 TY CICLERK - FAX 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887 13 MAYOR'S OFFICE - FAX 884-8116 CITY OF MERIDIAN 0 • Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Feb 10, 2009 04:08pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer. Bill Cycle = 2 Customer. Customer Type = {not like} BANKRUPTCY% Customer.Shut off list = False Customer.Vacant = False Customer.Ext Agreements = False Ref No Cust No Name / Service Address Past Due Balance 1 6.06.2076.02 ABOUD, DAVID 93.19 159.43 2244 STRAUSS ST E 2 16.21.0612.02 ABRAHAM, NICK & DONNA 91.39 209.14 670 CLAIRE ST W 3 15.21.2612.01 ADAMS, JONNA 64.01 99.25 2989 KENDRICK ST W 4 15.21.1720.02 ADAMS, SHIRLEY 79.90 127.01 2121 LEANN WAY 5 9.09.9144.02 ALIAS, MICHAEL 51.10 111.36 1512 WHITE SANDS DR W 6 14.14.3620.03 ANDERSON, ALYSSA & TAYLOR 57.58 126.70 4089 BEDROCK DR W RENTER PAYS TOTAL DUE + FEE - NO ARRANGEMENTS ALLOWED FOR RENTERS, PER HPM!!! 7 6.06.1284.02 ANDREASON, MICHAEL & CYNTHIA 57.67 169.62 5264 SCHUMANN AVE N 8 12.40.0229.02 AZEVEDO, TOM & GEORGEANNA 64.81 123.66 3478 ELMSTONE PL N NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 9 14.19.0840.02 BALLANTYNE, BILL & MARIE 56.39 98.98 2791 INLET WAY N RENTER PAYS TOTAL DUES + FEES 10 9.09.9706.02 BALLEIN, KEITH & NAN 119.99 190.76 877 CRESCENT ST W 11 9.92.7102.02 BARNES, SABRINA 90.38 171.28 4488 MOLLY AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Feb 10, 2009 04:08pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 12 10.10.2564.02 BARSANTI, TODD & ALICE J. 147.28 228.14 2015 WINDCHIME DR W 13 15.22.0796.02 BAZZOLI, KERI 69.95 115.55 2381 CHATEAU DR W 14 13.13.8574.04 BEAL, JASON & ERIN 77.27 111.05 4823 MOONLAKE DR W 15 8.81.0215.02 BEHRENDT, PATRICK & MICHELLE 60.38 101.46 148 CORNELL DR E 16 3.18.1612.02 BENART, JOSHUA & MICHELLE 51.48 105.76 2738 DITCH CREEK DR W 17 8.08.1102.03 BENTON, DAVID & CHRYSTAL 85.92 134.49 3709 LEZANA AVE N RENTER PAYS TOTAL DUES + FEES ***NO ARRANGEMENTS PER THE PM 18 7.04.1145.02 BIANCO, ANDREW R & ANN M 84.25 163.78 1938 TRAIL BLAZER DR E 19 12.40.0618.01 BILL, TREVOR & JODIE 91.37 144.28 4963 PINESTONE ST W NO ARRANGEMENTS FOR RENTERS!!!!!!!!! M! 20 18.98.0103.01 BLASER, DARREN & KIMBERLY 121.23 277.46 2498 FAIRVIEW AVE E 21 17.79.0107.03 BOLLINGSBERG, KERRI 65.64 106.86 496 BLUE HERON ST E RENTER PAYS TOTAL DUE + FEE 22 17.07.0409.02 BORTMAS, DARREN K 115.66 174.46 937 STORMY DR E 23 10.10.0626.02 BOSSLER, LISA 75.44 168.03 2935 CAPRIANA DR W 24 3.92.0613.02 BOWMAN, JEFFERY & DANIELLE 61.10 142.05 2579 GLADE CREEK DR W 25 16.31.3392.02 BOYLE, ARTHUR & MOLLY 83.24 158.84 1074 DELMAR DR CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Feb 10, 2009 04:09pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 26 16.32.1304.06 BRECKENRIDGE, TRAVIS 62.92 131.06 361 WOODBURY DR W 27 16.32.1320.01 BROOKS, ROSS & KELLI 80.12 275.21 113 WOODBURY DR W 08/26/08 - 02:54 PM — nicholse NO ARRANGEMENTS FOR ROSS OR KELLI BROOKS - PERMANENT TWO NSF CHECKS--- CASH ONLY—NO ARRANGEMENTS PERMANENTLY DUE TO BROKEN ARRANGEMENT 28 17.33.2336.01 BROWN, COLETTE 55.95 129.50 651 WOODBURY DR E 10:11•r0 00r_.1=,7Y=1�� 29 3.18.1213.04 CASTANEDA, NICHOLAS & JENNIFER 60.21 124.78 2217 APGAR CREEK DR W RENTER PAYS TOTAL DUES + FEES 30 10.10.2138.04 CHARLTON, DEBORAH LYNN 60.38 126.53 2176 GRASSY BRANCH DR W 31 3.18.2011.02 CHAVEZ, ROBERTO & 69.24 142.79 2680 ANATOLE DR W 32 15.22.1464.04 CHENEY, HOPE 69.89 121.34 1684 HENDRICKS ST W 33 16.21.0503.04 CHIN, GEORGE & GRACE 87.67 146.56 717 CLAIRE ST W RENTER PAYS TOTAL DUE + FEE 34 16.32.1322.03 CHRISTENSEN, TRAVIS 128.95 186.84 97 WOODBURY DR W 35 14.19.7180.04 CLARK, GORDON 53.24 123.86 2724 ROBIE AVE N 36 15.21.2892.01 COIL, LISA 77.09 132.97 2597 STONE PL N 37 3.15.4604.04 COLE, JAMES A & ELIZABETH M 60.38 108.91 2224 RATTLESNAKE DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Feb 10, 2009 04:10pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 38 15.07.0061.02 CRANE, SHANE & MELISSA 55.95 120.64 2725 SPRINGTIME WAY N 39 15.22.0946.02 CROSS, ANDREW & AVENSON, TONY 57.75 91.57 2242 SANDALWOOD DR W RENTER PAYS TOTAL DUE + FEE—NO ARRANGEMENTS ALLOWED FOR THE RENTER PER THE OWNER 40 15.21.2922.04 CUTLER, KIMBERLY 77.09 134.43 2905 ELK STREAM ST W CASH ONLY PERMANENTLY --NO ARRANGEMENTS ALLOWED FOR THE CUSTOMER DUE TO BROKEN ARRANGEMENT—CUSTOMER WROTE NSF'S IN A MONTH -LAST ONE WAS TO GET/KEEP WATER ON.--DB-4/23/07 41 15.21.0240.02 DE LA HUNT, DAN & DIANE 76.39 135.90 2836 OLD STONE WAY N 42 17.34.0944.02 DEBRAIE, RICHARD SR. & CYNTHIA 57.67 119.77 2418 VALMET AVE N 43 14.14.3632.03 DENG, SONG 75.47 125.50 3010 SAGEFIRE AVE N 44 5.04.0802.01 DIAMOND RIDGE CONSTRUCTION 66.05 99.71 924 BOULDER BAR ST E 45 5.04.0803.01 DIAMOND RIDGE CONSTRUCTION 57.35 83.82 912 BOULDER BAR ST E 46 15.21.1062.04 DONALDSON, DONNA 105.39 193.12 2863 FIELDSTONE WAY N NO ARRANGEMENTS FOR HUFF (?) CASH ONLY FOR HUFF DUE TO NSF TO GET/KEEP WATER ON. TO PROTECT OWNER, UNTIL FORM RECEIVED ADDING HUFF ON ACCOUNT, NO CHECKS OR ARRANGEMENTS ALLOWED. --DB 47 15.21.0002.03 DOWNUM, DAWN 55.95 144.05 1602 TODD WAY 48 3.90.1006.03 EASLEY, CRYSTAL 111.39 265.84 2871 WAPOOT ST W RENTER PAYS TOTAL DUES + FEES 59 13.09.0316.02 GAUSTERD, WARREN 70.52 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 2833 CHRISTIAN WAY N Standard Payment Customers Feb 10, 2009 04:10pm 8.08.1330.02 GEIB, R. & HOSKO, R. Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 131.81 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 398 CASSIDY DR E ***NO ARRANGEMENTS PER THE PM 61 49 10.10.2028.02 EDS RELOCTION SERVICES 70.28 99.63 2031 GRASSY BRANCH DR W 50 17.34.0592.01 ELLIS, TODD & DANA 241.52 347.99 53.24 109.11 2328 AMETHYST AVE N 51 9.09.9608.02 EVERITT, DARCY 75.66 133.00 RENTER PAYS TOTAL DUE + FEE 1087 WHITE SANDS DR W 52 13.13.8800.04 FEE, JERRY D & TERESA L 51.52 117.67 2524 JULIA PL N (CORNER) 53 10.55.1335.02 FETTKE, KATHY 71.95 155.78 2503 ASTONTE DR W 54 15.22.2324.02 FOLLINE, ROBERT & 79.12 143.81 1819 WHITESTONE CT W 55 3.92.0713.02 FOUTS, STEVEN & LYNN 77.09 144.75 6018 SILVER MAPLE AVE N 56 15.22.2524.03 FOWLER, RICHARD & BRINDY 60.38 136.85 1718 LOWRY ST W 57 17.34.0448.01 GALINDO, YDALIA 53.24 112.08 2123 ZIRCON PL N 58 17.33.2302.01 GARRARD, DALE 88.57 145.91 599 BROWN BEAR ST E 59 13.09.0316.02 GAUSTERD, WARREN 70.52 96.99 2833 CHRISTIAN WAY N 60 8.08.1330.02 GEIB, R. & HOSKO, R. 75.98 131.81 398 CASSIDY DR E 61 6.45.0204.02 GIBSON HOMES - DEBORAH GIBSON 79.33 172.65 1832 MEADOW CREEK DR E 62 3.90.0618.02 GREENE, DUSTIN 53.24 109.11 2948 DIVIDE CREEK DR W RENTER PAYS TOTAL DUE + FEE 63 13.13.0020.02 HALE, DWAINE & LATICIA 104.68 302.52 4960 CLASSIC DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Feb 10, 2009 04:11 pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 64 4.70.0851.02 HALL, ROB & KANDI 63.09 146.92 5305 FOX RUN WAY N 65 16.31.3394.02 HANHARDT, ANDREW & CAMILLE 103.33 163.59 1080 DELMAR DR NO ARRANGEMENTS AND CASH ONLY UNTIL 12/4/08 DUE TO NSF WRITTEN TO GET/KEEP WATER ON. --DB 12/4/07 66 17.33.4248.02 HARGRAVE, CLATE & KAREY 69.95 152.90 2703 EUREKA AVE N 67 17.07.0801.02 HENDERSON, DAVID & ERIN 76.70 120.75 3065 WOLVERINE AVE N 68 3.90.0615.03 HENNIG, JASON 60.38 135.39 3024 DIVIDE CREEK DR W 69 17.34.1892.03 HILLIARD, ANN MARIE 89.13 147.97 2152 LARK PL N 70 18.42.2714.04 HOLLADAY, ANTHONY & SUSAN 72.37 120.18 2557 LAUGHRIDGE AVE N 71 18.41.0514.02 HUGHES, ANDREA 55.95 85.30 2291 CHALLIS ST E 72 18.42.0430.04 HUNT, ALAN B 83.24 140.62 2135 GRAPEWOOD DR E 73 15.21.1560.03 IRONS, STAN & HEIDI 90.09 144.46 1996 MAN O'WAR WAY N 74 8.22.0510.03 JACKSON, IAN 53.24 125.37 4380 HERITAGE WOODS WAY N 75 16.31.0228.06 JACOBSON, CORY & JENNIFER 93.62 140.59 1705 WEST 13TH ST N 76 19.10.0712.02 JENSEN, NICOLE B & 85.07 229.85 4039 ARCH DR E 77 14.20.1342.03 JOHNSON, JEFFREY & LISA 51.52 117.67 2276 ARONMINK WAY N 78 15.21.0080.03 JOHNSON, TIFFANY M 68.23 121.14 2402 LEANN WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Feb 10, 2009 04:12pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 79 15.22.2190.03 JOHNSTON, KENNETH B & 60.64 138.57 3080 MARBURG AVE N 80 5.50.0160.02 JOHNSTON, MARK C. 82.79 125.43 811 JOSHUA TREE DR E 81 7.04.0918.04 JOHNSTON, RACHEL 60.38 142.74 1828 GRAND CANYON DR E RENTER PAYS TOTAL DUES + FEES 82 3.90.0148.03 KABBAN, ELIAS & MICHELLE 86.99 141.32 5365 TOSCANA AVE N NO ARRANGEMENTS ALLOWED FOR RENTER (SHURTLIFF) TIL 5/16/08 DUE TO BROKEN ARRANGEMENT. 83 15.21.0470.02 KNIGHT, RYAN 120.09 173.48 2582 WHITESTONE DR W 84 6.06.2022.02 KNOWLES, JOHN & LINDA 66.22 145.57 5288 BRIGADOON PL N 85 18.42.0398.03 KOPKE, TOM 69.18 167.75 2396 GRAPEWOOD DR E RENTER PAYS TOTAL DUE + FEE — NO ARRANGEMENTS ALLOWED FOR THE TENANT PER THE PM 86 3.15.4203.02 KRANZ, VICTOR & CARRIE 64.81 145.76 2697 WOLF RAPIDS DR W 87 3.18.1811.02 KRUGER, RYAN & TAMI 69.24 144.25 2430 ROOT CREEK ST W 88 3.15.3909.01 LAMM, EDDIE & NANCY 66.53 134.23 5764 BLACK SAND AVE N RENTER PAYS TOTAL DUES + FEES 89 10.10.1046.03 LAND VENTURE, INC 90.38 190.96 3501 STATION AVE N 90 16.21.0208.02 LEE, ROBERT 70.96 159.30 544 INDIAN ROCKS ST W 91 18.42.3042.02 LEE, ROSEANNA & TERRY, BRANDON 51.52 99.33 1950 CHALLIS DR E 0 • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Feb 10, 2009 04:12pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 92 15.22.2178.02 LEWIS, LAWRENCE 110.18 163.09 3019 ASTAIRE AVE N 93 6.06.9012.03 LIPPERT, WAYNE & RINNIE 90.38 156.53 2273 WHITE HAWK ST E (CORNER) RENTER PAYS TOTAL DUES + FEES ----NO ARRANGMENTS PER THE PM 94 12.40.0303.01 LITSEY, WILLIAM 107.98 174.27 3367 MAPLESTONE AVE N RENTER PAYS TOTAL DUE + FEE — NO ARRANGEMENTS FOR RENTERS!M!!t!!! M 95 7.48.0034.03 LOOS, MELISSA & GRADY 107.27 266.30 2219 SATTERFIELD ST E NO ARRANGEMENTS FOR RENTER!!! 96 15.21.3134.01 LOVE, JAMES & ELIZABETH 70.96 154.87 2910 STONE AVE N 97 14.19.1368.02 LOVE, MATTHEW & MELODY 51.52 126.53 2389 WAGGLE PL N RENTER PAYS TOTAL DUE + FEE 98 8.81.0606.03 LUNA, RICARDO & MARIA 102.14 171.21 3839 WESTON AVE N 99 16.31.3048.02 MACKIE, MARIA & MERCEDES 66.53 140.99 1077 CHATEAU DR W RENTER PAYS TOTAL DUES + FEES 100 7.48.0036.02 MADOLE, DAWN 62.23 107.79 2239 SATTERFIELD ST E 101 17.34.0436.03 MALOY, RAY & BETTY 114.25 236.97 2191 ZIRCON PL N 102 9.92.7030.03 MARQUEZ, SONIA 81.92 131.90 1319 LORETTA ST W 103 18.42.1206.01 MARTIN, LOREN 71.33 122.78 1975 DIXIE AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Feb 10, 2009 04:13pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 104 14.14.1034.02 MASSEY-TAYLOR, MCKENZIE 54.23 147.37 4489 CAMPFIRE ST W 105 14.14.4426.08 MCCAULEY, BRIAN 54.23 133.58 3604 PATEL DR W 106 8.81.0806.03 MCCONKEY, BRANDY SCOTT 64.54 139.55 3937 TIPTON WAY N RENTER PAYS TOTAL DUES + FEES 107 15.21.2130.06 McCUNE, ANDREW 51.52 105.89 2892 ANN ST W 108 4.70.2506.03 MCKENNA, PETER & PAMELA 82.53 179.64 5348 FOX RUN WAY N 109 16.31.0432.05 McLEOD, JEDIDIAH & ALYCIA 84.33 138.79 1497 STOREY ST 110 17.79.0607.02 MCNETT, DARREN 62.66 109.68 651 WILLOW BROOK DR E RENTER PAYS TOTAL DUE + FEE 111 8.08.1460.02 MERTES, CHERIE 85.66 138.57 188 CASSIDY DR E NO ARRAGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER! 112 9.09.0288.02 MILLER, JAMES 3602 ALEXIS WAY N 113 14.14.3552.03 MILLER, MICHAEL 4060 ANGELICA DR W (CORNER) 72.23 125.14 56.66 84.59 114 16.26.0104.04 MORGAN, BEULAH 78.10 184.07 59 INDIAN ROCKS ST W RENTER PAYS TOTAL DUE + FEE 115 9.19.0510.02 MORGAN, DAN & TERESA 73.67 166.30 3484 BRYCE CANYON AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 10 Standard Payment Customers Feb 10, 2009 04:13pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 51.52 116 13.09.0305.04 MOSS, BRETT & KRISLEE 3045 CHRISTIAN WAY N 117 15.22.1602.02 MOUNCE, ROBERT 73.67 154.52 1687 BEARDON CT 118 10.20.0234.03 MURRAY, JAY & MELISSA 50.80 109.60 3643 TIMBER LAKES WAY N 119 8.08.1256.02 NEBRIGICH, ANTHONY & ALLISON 102.05 165.32 3512 WESTON WAY N 120 5.50.0278.01 NGUYEN, TONY 53.24 149.53 5387 RED HILLS PL N 121 15.21.1990.04 NOFFKE, DORA 118.76 177.65 2935 ANN ST W 122 8.08.0218.04 NOWATZKI, CODY 61.47 111.50 972 LEIGH FIELD DR E 123 14.14.3640.04 OLSON, BRAD 88.76 149.11 3080 SAGEFIRE AVE N 124 7.40.0056.03 ORTIZ, JACOB & AMARA 121.39 240.55 1917 SUMMERPLACE CT E 125 9.09.0060.03 PAGE, RENEE JEAN 62.68 106.82 464 ANTON DR W 126 17.07.0211.02 PAPE, MATT 85.95 165.34 3096 TIMBERFALLS WAY N NO ARRANGEMENTS ALLOWED AND CASH ONLY UNTIL 7/23/07 FOR PAPE. WROTE NSF TO GET/KEEP WATER ON.--DB-7/23/07 127 8.81.0516.03 PEREZ, MEGAN & JUAN 60.38 136.85 3896 WESTON AVE N 128 15.21.1148.03 PITCHER, CHRISTA 51.52 117.67 2370 MAXIE WAY N RENTER PAYS TOTAL DUE + FEE -- NO ARRANGEMENTS ALLOWED FOR RENTERS PER THE OWNER!!! 129 5.50.2122.03 PLAZA, CHRIS 73.99 122.56 611 SAN PEDRO ST E RENTER PAYS TOTAL DUES + FEES CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Feb 10, 2009 04:14pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance ***NO ARRANGEMENTS PER OWNER 130 10.20.0210.02 PRICE, KENNETH & TERESA 78.10 176.67 1860 QUIET PEAK ST W 131 14.19.1202.01 PUGMIRE, JEFF & PAM 86.96 204.71 4733 DAWSON DR W 132 14.20.1470.04 QUADRATO, JAMES & ONEIL, BROOK 101.73 167.93 3525 BIRDIE CT W 133 17.34.1172.01 QUARNBERG, CARL & DOROTHY 57.67 128.63 2530 BLACK BEAR WAY N 134 8.81.0533.02 RADION, YURIY 86.29 186.32 693 HERITAGE PARK ST E 135 15.21.0012.02 RAINFORD, ROBERT & ALINDA 72.66 160.00 1722 TODD WAY 136 17.79.0410.03 RANSOM, GINA 63.51 104.64 2197 VIEWHILL AVE N RENTER PAYS TOTAL DUE + FEE 137 15.21.1754.02 RASMUSSEN, DANIEL & JENNIFER 60.38 132.42 1851 KRISTEN WAY 138 8.08.1318.03 RENO, RUSSELL 78.81 127.33 3573 WESTON WAY N RENTER PAYS TOTAL DUE + FEE 139 3.90.0062.02 RICH, STEPHEN & KIMBERLY 52.05 105.00 3095 CEDAR GROVE ST W 140 16.31.0880.03 ROBERTSON, SCOTT 128.84 199.42 1512 CHATEAU AVE W 141 4.70.1405.02 ROE, JESSIE & HORSEWOOD, WALTE 51.52 120.64 823 VALENTINO DR W 142 3.18.0915.02 ROSE, DUSTIN N 70.37 114.46 2244 APGAR CREEK DR W 143 16.31.3524.02 RUMSEY, HAROLD & MARY 69.24 160.41 1898 WEST 11TH AVE N 144 5.50.3201.02 RUSSELL, TODD & WENDY 99.24 220.46 726 SEGUNDO ST E 145 15.21.2056.02 SABLE, RONALD 81.23 137.11 1735 VICTOR AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard Payment Customers Feb 10, 2009 04:15pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 146 17.34.1078.04 SALVELBERG, DOYLE K 94.95 183.76 2591 SHOVELER WAY N 01/12/09 - 01:46 PM -- naryj INACTIVATED D/P AS CUSTOMER HAS HAD 2 RETURNED ITEMS PUT ON D/P PER DOYLE S. WRITTEN REQUEST 12/13/07—DB 12/13 147 7.48.1816.03 SARROCA, ARVIN & CAROLE 51.52 110.32 3668 PANKRATZ WAY N 148 4.70.2311.02 SAXTON, SCOTT 99.26 160.99 946 BACALL ST W 149 16.32.0622.04 SCHUSTER, BILL & LESLIE 50.68 103.59 1940 CRESTMONT DR 07/21/08 - 01:56 PM -- nicholse NO MORE ARRANGEMENTS UNTIL 7/21/09 150 18.43.0390.02 SHEHEE, TIMOTHY & KAREN 161.77 244.32 2450 HICKORY WAY N (CORNER) 151 19.10.1102.02 SHRESTHA, SUMAN 67.05 97.86 4091 CHANDLER ST E RENTER PAYS TOTAL DUE + FEE 152 18.42.2048.03 SMITH, NATE 87.33 156.40 2352 MEADOW WOOD DR E 153 15.22.0160.01 STEVENS, DAN 81.60 140.40 1788 EMERALD FALLS DR W 154 3.03.5116.02 STEVER, CYNTHIA 100.17 151.62 1884 CEDAR GROVE ST W (CORNER) 155 15.21.0086.03 STONE, SHANNON 60.38 136.85 2411 BAYSTONE DR W 156 18.43.2434.02 STROPE, LIESA 76.80 123.82 2505 MEADOW WOOD CT E RENTER PAYS TOTAL DUE + FEE 157 3.15.4714.06 STUTCHMAN, JEREMY & 69.24 161.97 2011 GRAND TETON DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 13 Standard Payment Customers Feb 10, 2009 04:16pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 158 17.79.0912.02 SUTTON, NICOLE 61.51 169.48 494 CHATEAU DR E 159 8.08.1290.02 SZARMACH, JACEK & MARIA 92.11 140.59 426 MOSKEE ST E 160 3.15.2702.02 THANADABOUTH, JIMMY 53.24 122.40 2080 MARTEN CREEK DR W RENTER PAYS TOTAL DUE + FEES — NO ARRANGEMENTS ALLOWED PER THE OWNER !M 161 15.21.1172.04 THOMPSON, JASON & APRIL 127.42 230.37 2375 LEANN WAY N NO ARRANGEMENTS ALLOWED UNTIL 10/3/08—RENTER (THOMPSON) USED 2ND ONE ON 2/8/08—DB 2/8 162 3.15.4515.03 THRUPP, BRIAN & RUTH 84.25 176.97 2361 RATTLESNAKE DR W 163 11.20.0206.01 TIMBERLAND CUSTOM WOODWORK 62.75 127.01 3371 GRAND RAPIDS RD W 164 3.18.0507.03 TROLLINGER, MIKE & DORI 64.81 139.77 1783 KELLY CREEK 165 14.14.9032.01 TURNER, JARED 63.09 146.87 4375 DAWSON DR W 166 8.08.1034.03 TWIST, RHODA & JOSHUA 50.46 119.53 154 WASHAKIE ST E 167 7.40.0052.03 ULRICH, TAMARA 81.52 180.64 1861 SUMMERPLACE CT E 168 14.14.3018.01 VAIL, RANDY & VICTORIA 75.39 171.08 3075 HIGH DESERT WAY N (CORNER 169 3.15.1334.02 VAN TASSEL, AMY 78.25 125.36 1971 MARTEN CREEK DR 170 4.70.0416.02 WALKER, LEEANN B 118.84 195.31 5913 ARLISS AVE N 171 8.81.0416.02 WALLACE, JEFF & JENSEN, RYAN 55.95 155.93 436 ANTON ST E Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle = 2 Customer. Customer Type = {not like} BANKRUPTCY% Customer.Shut off list = False Customer.Vacant = False Customer.Ext Agreements = False CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 14 Standard Payment Customers Feb 10, 2009 04:17pm Current Period: 02/20/2009 - Transactions Included Through: 02/20/2009 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 172 8.22.0406.03 WANLESS, DAX 50.45 78.38 4327 HERITAGE WOODS WAY N 173 10.20.0012.02 WARE, RANDY & ELIZABETH 96.10 153.48 3900 MORNING SKY AVE N 174 17.85.0320.03 WEST, JOHN 71.04 115.18 225 RYEGATE DR E 175 3.15.1412.02 WESTOVER, JUSTIN & HEATHER 83.57 133.60 1896 MARTEN CREEK DR 176 16.16.3508.02 WHITMIRE, SCOTT & SYNDI 85.24 225.27 478 SEDGEWICK DR W 177 3.90.0244.04 WILSON, K.,DECKER, J.,KORELL 55.95 86.76 5399 CORTONA WAY N RENTER PAYS TOTAL DUE + FEE 178 17.33.2746.03 WILSON, KATHY 133.40 189.32 659 EDGAR ST E RENTER PAYS TOTAL DUES + FEES ***NO ARRANGEMENTS PER THE OWNER 179 5.50.0165.04 ZAMBRANO, ALMA 54.94 90.18 899 JOSHUA TREE DR E Grand Totals: 179 Customers Listed 13,860.69 26,452.77 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle = 2 Customer. Customer Type = {not like} BANKRUPTCY% Customer.Shut off list = False Customer.Vacant = False Customer.Ext Agreements = False