HomeMy WebLinkAbout2005-05-17
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CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, May 17, 2005 at 6:30 p.m~
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2~ Adoption of the Agenda:
3~ Update of the Assessment for the City Of Meridian by Robert
McQuade, Ada County Assessor:
(* 15 minutes)
*Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - May 17, 2005 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 PUbliC meeting.
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June 3,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 7, 2005
ITEM NO.
5-B
REQUEST Approve Minutes of May 17, 2005 Pre-Council Meeting
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:
SEITLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeUngs shall become property of the City of Merldian~
Meridian City Pre-Council Meetina
Mav 17,2005
The Meridian City Pre-Council meeting was called to order at 6:30 P.M. on
Tuesday, May 17,2005 by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle and
Charlie Rountree.
Staff Present: Bill Nary and Will Berg.
Item 1 ~
Roll-call Attendance:
Roll call.
X Shaun Wardle
o Charlie Rountree
X Christine Donnell
X Keith Bird
Mayor Tammy de Weerd
o
Item 2.
Adoption of the Agenda:
Bird: Mr. President.
Wardle: Mr. Bird.
Bird: I move we adopt the agenda.as published.
Don nell: Second.
Wardle: It's been moved and seconded to adopt the agenda. All in favor?
ALL AYES. MOTION CARRIED.
Item 3.
Update of the Assessment for the City Of Meridian by Robert
McQuade, Ada County Assessor:
McQuade: I can't believe it's been a whole year since I have been here, but I am
back and it's nice to see Councilman Donnell. I was telling her just a few minutes
ago, she likes my presentations so much she has gone from the school board to
the City Councilman, maybe it will be Ada County Commissioner next, who
knows. Mr~ President, Council members, just wanted to stop by and tell you that
we are wrapping up our assessment for 2005 and we are going to be sending out
over 160,000 assessment notices on the 27th of May~ That is going to be the
Friday before the three-day weekend. Just a brief history - why I am here? This
started years ago. Boise City and other municipalities would be calling in May
asking for market values so they could be putting their budgets together and we
have just decided to formalize it by doing this and I think it is pretty valuable. J
know it's valuable for.me and I hope it is of a value to you. I have got some really
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Meridian City Pre-Council
May 17j 2005
Page 2 of 6
fun things to give you tonight and I think you will appreciate it and anyone who
misses this presentation, there are going to be sorry when they see what you get.
Well, the good news is is your new construction value is up~ The numbers are
staggering on a percentage basis. The bad news is your growth rate is just
phenomenaL It just seems to be accelerating from one year to the next. As I
was looking through these numbers I just thought what are these people going to
do. How can we address these growth issues and I am glad it is your problem
and not mine. I am chasing values, not what you are trying to deal with. I have
just a few preliminaries before I get started and that is I am going out on a limb,
these numbers are preliminary. I was looking at the historical numbers that I
have given and where they actually end up. These will be about 2 percent high
when all is said and done. After we send the notices out we are going to be
getting phone calls. We will be lowering values. You know it's not often do
people call and say that we have under valued our property and we need to raise
it. There will be delayed exemptions there~ Some exemptions in the mill right
now that when the Commissioners have had a chance to act on that that will
reduce the taxable value. Of course the Board of Equalization will see values
reduced there and also the operating property is not included in this and the
operating property - those are the assessed values that the tax commission puts
together of utility property, That would be pipelines, wires, any property owned to
a or by a utility such as Qwest or AT&T, the gas company, water companies.
There is a distinction between appraisal, reappraisal and physical inspection, just
want to make sure that that is clear. We re-appraise every parcel every year
because we have to be at market value, if we didn't reappraise. the we would be
dropping behind (inaudible)~ There have been some cases where we have done
that in some areas a-nd that really was a problem in years past That really is not
a problem any more to us. But, a physical inspection, this is the one that we
have to go out and look at 20 percent of the parcels every year. The appraisal
will take the packet, look to see if there are any physical changes. if so they will
make those changes in the file. In the reappraisal, the areas where there have
been physical inspections, those values tend to go up a little bit. We have done
something else this year that we really have not done before and that is we have
added a local cost modifier~ We have two classes of property that we have done
that to that is worth noting, class 4, now those are parceled houses where you
would have lament countertop, vinyl windows, two by four exterior walls - just
your typical basic house, the eight foot ceilings - those have been indexed by 6
percent~ We raise those out six percent and then the appraisers will go back to
see if there was any additional work that needed to be done with that. Let me
have the class 5 - that's going to be maybe marble counter tops, wood windows,
the 9, 10, 11 & 12 foot ceilings - those were indexed up by 8 percent. I have got
just a couple of handouts here to get us started. The reappraisal area - first if
you look in the low left hand corner, which should say Meridian Reappraisal,
2005 - this one right here that has the pink on it~ These were the re-appraisal
areas in Meridian~ The dark line, by the way, that is the area of impact, but the
pink areas, those are the reappraisal areas and if you will look some of those
areas, there are quite a bit of fairly dense population. These are the areas where
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Meridian City PreMCouncil
May 17r 2005
Page 3 of 6
we probably will get some calls this year~ That's the reappraisal area. Lefs go to
the next one. This is the most interesting one. This is just amazing. This is the
growth for the 2005 tax year - it really tells you a lot and that is not only what is
going on historically, but where we are headed in the next couple of years~ If you
look at the legend, the cross hatch the black ones, those are the new subs for
2005. Those are going on the rolls this year~ If you see the lighter hatch marks
those are subs for next year and the real light areas, those are where we have
preliminary subs~ So, this just tells me that there has been phenomenal growth
over here and there is going to be phenomenal growth next year~ In fact, J am
going to be using this in my office for planning on the appraisal to make sure we
get the allocation correct on that. We are going to talk about market values and
taxable value. Market value we need to make a real strong distinction here,
market value is what we typically think a house would sell for~ But, we have the
taxable value. That is the market value less any exemptions~ That would be a
residential property with it assessed at $150,000 - (inaudible) $50,000
homeowners' exemption the taxable value is only going to be $1 ,OOO~ These
handouts by the way, were done by Sheldon Bluestein here~ He is our land
records supervisor and I know he has done a lot of work with the City of
Meridian. He is the supervisor of our GIS and Land Records Department.
(Inaudible ----------------------------------) and I noticed everybody was just madly
trying to scribble numbers down and that does (inaudible) a lot easier for a lot of
us. All right, the total market value in Meridian is $4.1 billion~ That's up 29
percent over 2004. Last year, I remember, it was a whopping 18 percent, so this
just shows what's going on over in the City of Meridian. The taxable value, again
that is market value, that's the exemption, that's $3.4 billion and that is at 31
percent over 2004~ -Again, 2004 to 2003 was 19 percent~ Taxable value is 80
percent - 82 percent of the total value. Residential parcel count is 21 ,840~ That
is up almost 21 percent. That is a 12 percent increase in residential parcels over
the earlier year. At 1 0 percent, I think that is doubling in every seven yearsl
something like that. If you are getting investment vet at a rate of return like that
you would be doing very well. Market value is $2.9 billion - it is up 29 percent
compared to 20 percent increase last year. This next number, the 5.6 percent
meeting increase for existing property, do you see that on the chart there,
residential property? I guess it's increased in essence - 5.6 is the (inaudible).
To me that is probably one of the most important numbers because that is the
person who has lived in a house three, four or five years or longer. They can
expect to see the - the middle person is going to see their value go up 5~6
percent. Last year the (inaudible) increase over Meridian was 1 ~6 percent and
this is throughout the county, we are looking at increases like this. They are
more 4.5 percent. It's a much stronger market over here in Meridian, in fact, I
had a meeting with our appraisers this morning and one of them a very
experienced appraiser, she was a fee appraiser and one of our staff appraisers,
she had commented that this is the hottest housing market she has ever seen in
her life. Let's look at the commercial. Parcel count is 3,000 - that's up 10
percent over last year. Market value is $1.2 billion and thafs up 28 percent over
the last year. 2004 over 2003 was a 13 percent increase, so again, it's just
Meridian City Pre-CounciJ
May 17,2005
Page 4 of 6
seems to be accelerating what's going on over here in Meridian. I am sure that's
not a surprise to you at all. I want to talk about new construction for a minute and
these percentages are staggering. I was giving the same presentation to the
Meridian School Board the other day and their numbers were not nearly as
impressive as these. There are about 150 people in the audience and when I
was giving these percentages, you could just hear the people gasping. New
construction, why is that important? Because that is how much your property tax
budget can grow - the 3 percent growth, but also you get the value of new
construction times last year's levies~ So, that really is important to you. Market
value, new constructionf $495 million, that's 146 percent increase over last yearts
$201 million~ By the way of comparison, 2004 to 2003, that year was an 11
percent increase~ Residential you have 1 ,870 new parcels compared to 1,138
parcels last year - that's $230 million - that's up 1 04 percent over last year's
$113 million. Commercial, 83 new parcels. Now that would be real and personal
property. Last year you had 56 parcels. SOl that 83 is a 48 percent increase.
Commercial, new construction is a $93 million compared to last year's $33 million
- up 180 percent~ New subs change of status - and by waYf speaking of new
subs and change of status, there were 7,000 new lots that came on line in Ada
County last year~ $171 million - 212 percent increase over last year's 55 percent
that's new subs and change of status~ Now these numbers really are big
numbers and there is going to be an important implication that we can talk about
in just a minute here~ Urban renewal is 41 million compared to last year's 20
million. That's over a 1 00 percent increase. Here is another number I think you
should really think about and that. is the tax burden, is who is paying the tax?
Commercial or residential? This is really becoming an important point of
contention in the legislature and the taxpayers~ Residential pays 63 percent of
the property tax here in Meridian compared to commercial's 37 percent~ Last
year, residential paid 59 percent, so there is a shift over to the residential
property. Commercial paid 41 percent, so why is this important (inaudible) us
getting into the tax policy issues - I want to talk about it for just a couple of
minutes. In January as we were having our elected officials conference, Bruce
Newcomb the president of the Idaho House of Representatives, was just giving a
presentation and he was not talking about property taxes, he was talking about
something else, but he said you could always tell when an issues time has come
and that is by the number of bills that have been introduced into the legislature.
Well, I want to show you something~ Years past, J keep a notebook of property
tax bills - when the legislature is going on we usually have about 12 bills that I
am following. This year, these tabs, each represent a bilL I don't know if you can
see that, thafs 24 tax bills~ Bills that were introduced in to the legislature that
deal with property taxesf so I think we have seen the time has arrived for
property tax change. How it's going to change? I don't know~ There is going to
be an interim committee (inaudible) in the legislature to study property tax issues
and I think that's really going to be addressing the residential property owners'
interests if you will. I was really emphasizing the tax burden, the shift because in
1983 when the one percent or the current 50/50 what that finally ended up being,
when that was put into place and got trashed in 1983 it was about 50/50, well
Meridjan City Pre-Council
May 17,2005
Page 5 of 6
today throughout the state it's a 60/40 - residential properties are now paying
throughout the state, 60 percent of the property tax bill and they are really feeling
that there is a group up in north Idaho (inaudible------) they are going to try and
get a property tax initiative on the ballot next year and that is going to be a fairly
draconian effort and that would be - property taxes would be capped very similar
to those in California. There is a whole list of approaches of dealing with the
property tax issues and increase in homeowner's exemption limit's on budgets,
so if property tax policy, I think, we are really going to see some changes the
next year. I just want to wrap things up by telling you as you know that the
growth has been very strong over here in the residential and the commercial real
estate market Unbelievable new construction market. I just want to put a pitch
in for property tax because it is going to be coming under fire, but property tax is
a really critical component of that three-legged stool that we have here in Idaho.
Several years back when we saw the recession and feeling the reflects of the
session, we had a tax increase on the sales tax side - there were cutbacks at the
state level. I for one would not want to see cutbacks on funding to the Fire
Department, to me it just wouldn't be acceptable for them to say the average time
is going from three to five minutes, especially if my mother is lying on the floor
with that heart attach, I want that three minute response time~ So, the property
tax component really brings stability to very important services~ With that, I
would be happy to answer any questions.
Wardle: Thank you, I would like to welcome Councilman Rountree to the
meeting as well.
Rountree: Glad to be here.
Wardle: Thank you very much, Mr. McQuade for a wonderful presentation. Any
questions Council?
Bird: I have none. I just want to thank him for the nice job he does every year~
McQuade: That was kind of you to say that. I enjoy coming over and seeing
you. I don't get a chance to have a lot of contact, but-
Donnell: Mr~ President~
Wardle: I, too, have no questions, but it just always amazes Bob that you really
do enjoy this, do you?
McQuade: Well, J will up until the 27th when we send out the assessment.
Donnell: I did notice that you did that on a three-day weekend~ That's very
smart.
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Meridian City Pre-Council
May 17,2005
Page 6 of 6
McQuade: You know, if I was really smart I would have a conference schedule
the following week, but I am not that smart.
Donnell: You do a great job Bob, thank you.
Wardle: Thank you very much. It appears that MeridianJs new construction,
again, is holding strong and increasing our values within the city. So, thank you
very much for your diligent efforts and a wonderful presentation and thank you to
your staff as well and the hard work that they did.
McQuade: We will be back next year.
Wardle: Council, that brings us to the end of our agenda~ If there is no further
business, I would entertain a motion to adjourn.
Donnell: So moved.
Bird: Second~
Wardle: It's been moved and seconded to adjourn the meeting. All in favor, say
aye.
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 6:51 P~M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
6 I 7 / lJ~
DATE APPROVED
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** TX CONFIRMATION REPORT **
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AS OF MAY 17 '05 15:31 PAGE. 01
CITY OF MERIDIAN
DRTE TIME TO/FROM
04 05/17 15:30 2082877229
MODE MIN/SEC PGS CMD~ STATUS
EC--S 01'11" 004 110 OK
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CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, May 17, 2005 at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
_ Shaun Wardle Christine Donnell
_ Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Adoption of the Agenda:
3. Update Of the Assessment for the City Of Meridian by Robert
McQuade, Ada County Assessor;
(Ir 15 minutes)
It Approximate allowable time set for agenda item may change depending on
discussion.. Please use the designated minutes as a gUideline only.
Merldiao City Pre.-Council Agenda - May 17, 2005 Page 1 of 1
All materials presented at public meetJngs shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related 10 documents and/or hearing~
please contact the City CJerkfs Office at 888-4433 at least 48 houlS prior to the public meeting..
MAYOR
TamnlY de Weerd
CITY COUNCIL MEMBERS
Keitl1 Bird
Christine Donnell
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 w. Bo,~vel. StI'eet
888-3579 / fax 898-5501
Planning
660 E. \'Vatertower Lane
S lli te 202
884-5533 / fax 888-6844
Police
1401 E. Watertower Lane
888-6678/846-7366
Public W014ks
660 E. Watertower Lane
Stlite 200
898-5500 / fax 898-9551
- Build ing
660 E. Watertovver Lane
Sllite 150
887-2211 / fax 887-1297
Was teV\'a ter
3401 N. Tell IVIile Road
888-2191 / fax 884-0744
- WateI'
2235 N.W. 8th Street
888-5242 / fax 884-1159
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 at City Council Chambers,
Meridian City Hall, 33 East Idaho Avenuef Meridian, Idaho, on Tuesday,
May 17, 2005 at 6:30 P.M. The Meridian City Council will be
discussing the following agenda item:
~ Update of the Assessment for the City of Meridian by Robert
~ McQuade, Ada County Assessor
The public is welcome to attend the meeting.
DATED this 13th day of May, 2005.
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CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK - FAX 888-4218 CITY ATTORNEY / HR- FAX 884-8723 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE _ FAX 884~8119
Printed on reCYcled paper
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MAYOR
TanTmy de Weerd
CITY COUNCIL MEMBERS
Keitll Bird
Cl1ristil1e Donnell
C.llaI'les M. ROlII1tree
Sl1tllln Wal~dle
NOTICE OF PRE-COUNCil MEETING
MERIDIAN CITY COUNCIL
CITY DEPARTMENTS
Fire
540 E. Fl~an.klil1 Road
888-1234 / fax 895-0390
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold a Pre-Council Meeting at City Council Chambers,
Par.ks & Recreatioll
11 W. BO\r\'er Street
888-3579 / fax 898-5501
Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday,
Planning
660 E. Wa te J~towe 1" La l1e
Sl[ite 202
884-5533 / fax 888-6844
May 17, 2005 at 6:30 P.M. The Meridian City Council will be
discussing the following agenda item:
J]olice
1401 E4 Wa tel..tovver La 11e
888-6678/846-7366
Update of the Assessment for the City of Meridian by Robert
McQuade, Ada County Assessor
I)llblic Works
660 E. Wa tertowel" Lal1e
Slli te 200
898-5500 / fax 898-9551
The public is welcome to attend the meeting.
\1\7 as teV\'a ter
3401 N. Tell Mile Road
888-2191 / fax 884~0744
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- Building
660 EL Wa tel~towe.r Larle
Suite 150
887-2211 / fax 887-1297
DATED this 13th day of May, 2005.
.. Watel"
2235 N .W. 8tll Street
888-5242 / fax 884-1159
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK - FAX 888-4218 CITY AITORNEY / HR - FAX 884~8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR1S OFFICE - FAX 884-8119
printed on reCYCled paper
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MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17/2005
ITEM NO.
3
REQUEST Pre-Council- Update of the Assessment for the City of Meridian by
Robert McQuade, Ada County Assessor:
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DE?T:
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:
SEITLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
c.:.....
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5/17/2005
Meridian City Primary Roll Assessment Notice Summary
5/17 /2005
Total Meridian City Market Value
Total Meridian City Taxable Value
(taxable value excludes HOE and urban renewal)
2005
City Total
4,102,875,200
3J384,525)684
2004
2004-05
% Change
3, 183, 126, 712
2)583,016,916
28.890/0
31.03%
Urban Renewal Area Breakout
Meridian MDCJ 40,463,2001 20,196,9121 100.340kl
Residential
Residential Market Value 2,936,947,300
Residential Parcel Count 21,840
(Residential includes manufactured Homes)
Commercial
Commercial Market Value 1,165,927,900
Commercial Parcel Count 3,066
(Commercial includes Personal Property)
New Construction
Comparison of Previous Year New
Construction
Residential
New Residential Count
Commercial
New Commercial Count
New Subs/Change Status
2,270) 106)300
18,071
29~37%
20.860/0
913,020,412
2,785
27.70%
1 0 R 090lti
494,832)404 201 ,225,457 145.91 %
230,304,616 113,014,349 1 03. 780/0
1 ,817 1 , 1 38 59.670/0
93,461 ,500 33,376,400 180.02%
83 56 48.21 %
171 ,066.288 54,834, 708 211.970/0
Increase Estimates
0/0 value increase of existing residential
improved properties
0/0 value increase for existing
commercial improved properties
6.33% average 2.120/0 average
5.600/0 median 1 .57% median
3.. 790/0 average
1 ..09% median
Residential Property Tax Burden
Commercial Property Tax Burden
(URt Operating Property & Sub Ron Included in
calculation)
Assessment Notices Assessment Notices
Assessment Notice Mailing Date I 5/27/20051 5/28/2004 (
2004
63.240/0
36. 760/0
RECEIVED
MAY f 7 2D05
City of Meridian
Ci ty Clerk Office
(l]
Meridian Reappraisal 2005
m 2005 Revaluation Areas
C rmpactArea
City Limits
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CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, May 17, 2005 at 6:30 p.m.
City Council Chambers
1.
Roll-call Attendance:
...
ptlJA../~ fiL/
~6:+J,~
Adoption of the Agenda:
Shaun Wardle Christine Donnell
Charlie Rountree Keith Bird
-12- Mayor Tammy de Weerd
2.
3.
~'-r~
Update of the Assessment for the City Of Meridian by Robert
McQuade, Ada County Assessor: r~ed-
(* 15 minutes)
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - May 17, 2005 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 public meeting.
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CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, May 17, 2005 at 6:30 pam"
City Council Chambers
1 ~ RollmcalD Attendance:
- Shaun Wardle __ Christine Donnell
~ Charlie Rountree Keith Bird
- Mayor Tammy de Weerd
2. Adoption of the Agenda:
38 Update of the Assessment for the City Of Meridian by Robert
McQuade~ Ada County Assessor:
(* 15 minutes)
* Approximate allowable time set for agenda item may change depending on
discussion it Please use the designated minutes as a guideline only.
Meridian City Pre-Council Agenda - May 17 J 2005 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 hearjngs,
please contact the City Clerk's Office at 888..4433 at least 48 hours prior to the PUbliC meeting~
Revised 5~16-05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 17, 2005 at 7:00 p.m.
City Council Chambers
1 ~ RolI..call Attendance:
X Shaun Wardle
X Charlie Rountree
o
X Christine Donnell
X Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance: Boy Scout Troop # 190
3. Community Invocation by Bud Henthorn, Meridian Gospel
Tabernacle: Presented
4. Adoption of the Agenda: Adopt Agenda as Amended
5. Consent Agenda:
7 -A. Table to from April 26, 2005 Special Meeting - Resolution No.
05-472 : Assignment of Lease and Amended
Lease Agreement for the Golf Course: Approve
B. Streetliaht Aareement for Sienna Creek Subdivision No~ 1 by
Sagewood Development Company: Approve
c. Streetliaht Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.:
Approve
D. Streetliaht Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.:
Approve
E~ Streetliaht Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.:
Approve
F~ Streetliaht Aareement for Redfeather Estates Subdivision No.
Q by Redfeather Estates Home Owners Association, Inc.:
Approve
Meridian City Council Agenda - May 17, 2005 Page 1 of 4
All materials presented at PUblic meetings Shari become property of the City of Meridian.
- AnYOne deSiring accommodation for disabinties related to documents and/or hearingS
Please contact the City Clerkfs Office at 888-4433 at least 48 hours prior to the PUbliC meeting.
(U...:
C"
Revised 5-16-05
G. License Aareement with Nampa & Meridian IrriQation District
for the Ten Mile Drain Pathway at Waltman Court Subdivision:
Approve
H. Aareement with JUS Enaineers, Inc~ for North Black Cat Trunk
and Lift Station Proiect: Approve
7-1. Resolution No. 05-473 : Ratifying and Approving the
Creation of Blueprint for Good Growth, Inc.: Approve
I. Request for Payment for Sage Community Resources for
Grant Administrative Expenses for the ICOBG 04-111-26~ED (LP
Business Expansion Grant): Approve
6. Department Reports:
A. City Council President - Shaun Wardle
1.. Letter concerning the Ada County EMS Levy Election:
Approve and Sign
Bit Planning & Zoning Department - Anna Canning
1. ~trategic Focus Areas & City-Wide Initiatives: Return
comments back by 5:00 pm 5-20..05 Prepare Resolution
for 5-24-05
19-C. Legal Department - Bill Nary
2. Proposed Policy Changes:
a. Bereavement Leave:
b. Ed ucati on Re i m bursement:
c. Introductory Period of Employment:
d. Compensation Program:
e. Clothing Attire and Allowance:
f. Military Leave:
g. Director Benefits Program:
Meridian City CounciJ Agenda - May 17, 2005 Page 2 of 4
All materiaJs presented at public meetings shall become property of the City of Meridian.
AnYOne desirjng accommodation for disabirities related to documents and/or hearingS
Please contact the City Clerkfs Office at 888-4433 at reast 48 hours prior to the PUbliC meeting.
Revised 5-16~05
h. Trial Service Period for Promotions or Transfers:
7. Items Moved from Consent Agenda: A & I
8. TE 05-002 Request for Approval of a One Year Time Extension to record
the. Final Plat of Gallery Subdivision by Engineering Solutions, LLP -
northeast corner of West Belltower Drive and North Ten Mile Road:
Approve
9. FP 05-032 Request for Final Plat approval of 52 building lots and 5
common lots on 10.99 acres in a R-4 zone for Silverleaf Subdivision No.
~ by Liberty Development, LLC - 2683 West Chinden Boulevard:
Approve
10. FP 05-031 Request for Final Plat of 98 single-family residential building
lots and 26 common area lots on 19 acres for Hacienda Subdivision by
Doug Jayo - south of Chinden Boulevard and east of North Meridian
Road: Continue I Table to May 24,2005
11. FP 05-030 Request for Final Plat approval for 40 single-family residential
building lots on 10.49 acres in a R-B zone for Paramount Subdivision
No.7 by Paramount Development, Inc. - east of North Linder Road and
north of West McMillan Road: Approve
f~/though the 9ity 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~ J1
12. Public Hearing: VAR 05-008 Request for a height Variance from the
maximum height of 40 feet to 58 feet for a recreational attraction for
Boondocks Fun Center by Boondocks Fun Center - Meridian, LLC -
1385 South Blue Marlin: Approve
13. Public Hearing: RZ 05-006 Request for a Rezone of 4~65 acres from R-4
to L-O zone for Verona Subdivision No.3 by Primeland Development,
LLP - northeast corner of North Ten Mile Road and West Milano Drive:
Approve Findings of Fact and Conclusions of Law for Approval
14. Public Hearing: AZ 05-010 Request for Annexation and Zoning of 4~63
acres from RUT to L-O zone for Wvndstone Place Subdivision by
Quasar Development, LLC - 1151 South Wells Street: Approve
Amended Findings of Fact and Conclusions of Law for Approval
15. Public Hearing: PP 05-012 Request for Preliminary Plat approval of 8
building lots and 3 common lots on 4~63 acres in a proposed L-O zone for
Wvndstone Place Subdivision by .Quasar Development, LLC - 1151
Meridian City Council Agenda - May 17] 2005 Page 3 of 4
AU materials presented at public meetings shall become property of the City of Merid ian.
AnYOne deSiring accommodation for disabilities reJated to documents and/or hearingS
Please contact the City CJerk's Office at 888-4433 at least 48 hours prior to the PUbliC meeting,
Revised 5-16-05
South Wells Street: Approve Amended Findings of Fact and
Conclusions of Law for Approval
16. Public Hearing: CUP 05-014 Request for a Conditional Use Permit for a
Planned Development for a professional office complex on 4~63 acres in a
proposed L-Q zone for Wvndstone Place Subdivision by Quasar
Development, LLC - 1151 South Wells Street: Approve Amended
Findings of Fact and Conclusions of Law for Approval
17. Water, Sewer and Trash Delinquencies: Approve
18. Discussion of Black Rock Subdivision by Brad Watson, Public Works
Director: Continue Discussion to June 7,2005 Meeting
Meridjan City Council Agenda - May 17. 2005 Page 4 of 4
All materials presented at public meetings shaH become property of the City of Meridian.
AnYOne deSiring accommodation for disabiJities related to documents and/or hearingS
p!ease contact the City ClerkJs Offjce at 888-4433 at Jeast 48 hours prior to the PUbliC meeting.
Revised 5-16-05
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, May 17,2005 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle
Charlie Rountree
D
X Christine Donnell
)( Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance: !d()'1 SC tnVf ?roop .:d I t:p1J
3. Community Invocation by Bud Henthorn, Meridian Gospel
Tabernacle: ;;ref~1-
4. Adoption of the Agenda: adp-pr it ~~ - or a ~ ~d~~
5. Consent Agenda:
7;- A.
Table to from April 26, 2005 Special Meeting - Resolution No. _
o ~ - +7 2- : Assignment of Lease and Amended Lease
Agreement for the Golf Course: ~ /,-0 ~
~
B. Streetliaht Aareement for Sienna Creek Subdivision No.1 by
Sagewood Development Company: ~~
c. Streetliaht Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.: ~~~
D. Streetliaht Agreement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.: ~~vt<-
E. Streetliaht Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.:
F. Streetliaht Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.: arr~
G. license Aareement with NamDa & Meridian Irriaation District
for the Ten Mile Drain Pathway at Waltman Court Subdivision: ~v-JI.-/
Meridian City Council Agenda - May 17,2005 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 hearings
Please contact the City Clerkts Office at 8884433 at least 48 hours Prior to the pu blic meeting.
Aareement with JUS Engineers. Inc. for North Black Cat Trunk
and lift Station Proiect: tv! prlllM-
Resolution No. (J S- - 4-7 g Ratifying and
Approving the Creation of Blueprint for Good Growth. Inc.: "fPyy;J VVL-
Request for Payment for Sage Community Resources for
Grant Administrative Expenses for the ICDBG 04-111-26-ED flP
Business Expansion Grant): ~~
6. Department Reports:
7 ~ I.
A.
I q -- c.
(
Revised 5-16-05
H.
J.
City Council President - Shaun Wardle
B.
1. letter concerning the Ada County EMS Levy Election:
appr'V'e ~~ Jj~
Planning & Zoning Department - Anna Canning
1. Strategic Focus Areas & City-Wide Initiatives: r.., ~
re~~ ctPh'V~~l:JavIf..-/6'J 5:ppPn--. t:l' -vO-Q
If) r. ~~.J- - L~ S-2~""()S
Legal Department - Bill Nary I'n",~ 'f' er",U4T#h-' r'
1. Proposed Policy Changes:
a. Bereavement leave:
b. Education Reimbursement:
c. Introductory Period of Employment:
d. Compensation Program:
e. Clothing Attire and Allowance:
f. Military leave:
g. Director Benefits Program:
h. Trial Service Period for Promotions or Transfers:
7. Items Moved from Consent Agenda: · ,4- i .T
8. TE 05-002 Request for Approval of a One Year Time Extension to record
the Final Plat of Gallery Subdivision by Engineering Solutions, LLP -
northeast corner of West Belltower Drive and North Ten Mile Road:
tL I'Py-O~
Meridian City Council Agenda - May 17, 2005 Page 2 of 3
AU materials presented at pUblic meetings shall become property of the City of Meridian~
Anyone desiring accommodation for disabilities related to documents and/or hearings
Please contact the City Clerk's Office at 888-4433 at least 48 hours Prior to the PUbliC meeting.
~ \ .
Revised 5-16-05
9. FP 05-032 Request for Final Plat approval of 52 building lots and 5
common lots on 10.99 acres in a R-4 zone for Silverleaf Subdivision No.
~ by Liberty Development, LLC - 2683 West Chinden Boulevard: 4P/lYb~
10. FP 05-031 Request for Final Plat of 98 single-family residential building
lots and 26 common area lots on 19 acres for Hacienda Subdivision by
Doug Jayo - south of Chinden Boulevard and east of North Meridian
Road: l~/i?v~ Iv S--2+-0~
11. FP 05-030 Request for Final Plat approval for 40 single-family residential
building lots on 10.49 acres in a R-8 zone for Paramount Subdivision
No.7 by Paramount Development, Inc. - east of North Linder Road and
north of West McMillan Road: ~/IrN'~
((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~ IJ
12. Public Hearing: VAR 05-008 Request for a height Variance from the
maximum height of 40 feet to 58. feet for a recreational attraction for
Boondocks Fun Center by Boondocks Fun Center - Meridian, LLC -
1385 South Blue Marlin: ~ V'-<-
13. Public Hearing: RZ 05-006 Request for a Rezone of 4.65 acres from R-4
to L-O zone for Verona Subdivision No.3 by Primeland Development,
LLP - northeast cgrfler of North Ten Mile Road and West Milano Drive:
Iff I' pvv' II'<- T IFf c;. {;( .;1ry. ?r v-~
14. Public Hearing: AZ 05-010 Request for Annexation and Zoning of 4.63
acres from RUT to l-Q zone for Wvndstone Place Subdivision by
Quasar Development, LLC -1151 South Wells Street: A IJ
a,.;rpro~ ~~K- w//,c. {t:./~ -Fvv-~~v~
15. Public Hearing: PP 05-012 Request for Preliminary Plat approval of 8
building lots and 3 common lots on 4.63 acres in a proposed L-Q zone for
Wvndstone Place Subdivision by Quasar Development, LLC - 1151
South Wells Street: o/I'AP~ ti;-y..~~~1/C -//~.; e,,/v{ Frr VpovA-A:..-
16. Public Hearing: CUP 05-014 Request for a Conditional Use Permit for a
Planned Development for a professional office complex on 4.63 acres in a
proposed L-O zone for W~ndstone Place Subdivision by Quasar
Development, LLC - 1151 South Wells Street:
afVprpv~ apn.~til",?/~ re /~ .ffv-~/pprvv~
17. Water, Sewer and Trash Delinquencies: ()V~
18. Discussion of Black Rock Subdivision by Brad Watson, Public Works
Director: c'?)v1>hnL di;rCruJ~/~-n, J~ ~ ho>
Meridian City Council Agenda - May 17,2005 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 hearings
Please contact the City Clerk1s Office at 8884433 at least 48 hours Prior to the PUbliC meeting.
(.
\..
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO~
5-A
REQUEST Resolution - Assignment of lease and Amended LeaseAgreement for the Golf
Course
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:
See attached Amended Lease
~
Cv
o
........ iii:
~. .
~\
,....,
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Merldlan~
("":'U":" .
('~~~"""..
TABLE OF CONTENTS
CONSENT TO ASSIGNMENT OF LEASE .......uu........u...........u.........uP...................l
GRANT OF AUTHORITY; LEASED PREMISES ..u...............................uu......uu.....l
TE RM .... ~ · · · · · · · · · · . . . . . . . . . .. . . .. . . . . . .. . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . 01 . . . . . .. . . .. . . .. . .. . . 01 . . . . . . . . .. . . . . . . . 01 . . . . . .. . . . . .. . . . . . . . . . . . . . .. 3
LESSEE'S BASIC SERVICE OBLIGATIONS .................................H.........................4
Golf Services - Use Granted. .... ...... ...... ... ... .....~... ..... .... ... .01........ ........ .01... ........ ... ... ... 4
Power Driven Golf Cars and Manual Golf Carts ...........................0.......................4
J uni or Go If Program... ... ....... ... .. ... ... .01 .01. .. t .. ~... .... . .. ... .01..01 ... ... .... ... .01. ... .. ... ... .. ... ....... ... ... .4
Corporate Memberships ............................01..01...................................01........................014
Food and Beverage Services - Use Granted .......................u..................................5
Continuous Operation... ... ... ...... ..01..... ... ... ..... ... ... ... ... ..... ... ... ..... ... ..... .... ... ..... ... ..01... .01015
Golf Course Starter Services - Use Granted ...........................................................5
Building and Equipment Maintenance Services - Use Granted...........................6
I. Grounds Maintenance Requirements.. .01..01................ .............. ....... .01...... u u.......... ....... 7
5 . PAYMENT OF RENT ..............0101...............................................01..01............................ ~ .. ~... ... 8
6. ACCOUNTING RECORDS .. ... ..... ... ..... ..... ....... .... ... ... ... ...... ... ... ..... ... ....... ..... ... ..... .... ....8
7 · CAPITAL IMPRQVEMENT PROGRAM............ ........ ........... .01. ............ ......... ... ............. 9
8. OPERATING RESPONSIBILITIES .... ... .01... t.. .............. .................. .01.........................1 0
A. Compliance with Laws, Rules and Regulations u.~..........u....u..............P....H.....IO
B . Disorderly Persons...................................................................................................l 0
c. Illegal Activities ... .... ... ......... .... ....... .... ........ ... ...... ... ..... .... ... ....01 ~.. ....... ...... ..... ... .... ... ...10
D . Pub Ii c Use................................................................................................................ 1 0
E. Lessee's Staff and Employment Practices ..........................................................10
F. Utilities ......... .... ......... ... ........ ... ...... ...... ... ... ...... ... ... ..... ...... ... ... ... ..... ...... ... ... ..... ....... .11
G . Sanitation .... . . . . . . . . . 01 . . . . . . . . . . . . . . . . 01 . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 01. 11
H . Security Devices.......................................................................................". ~ . . . . . ... .. 11
I .. S af e ty ...............01............................................01.........................................01..01.."... t . . .. 12
J. Quality of Food, Goods and Services ............ ....01............... ..01................... ..~ ....... ..u 12
K . Reporting .. ~ . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 01 . . . . . . . . . . . . . . . . . . . . .. . . . . . . 01 . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . .. . ... 12
L. Trade Fixtures....... ........ ... ... ... ........ ... ..~ ... ...... ... ... ... ..... ........ ... ... .......... ... ... ... ... ...... ..12
M . Habitation ................................................01 ~ . . ~ . . . . . . . . . . . . . . . . . . 01 . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . .. 12
1.
2.
3.
4.
A.
B.
C.
D.
E.
F.
G.
H.
N . Golf Associations .. ~ ~ .. · · .. · . . . . . . . . . . ~ . .. . . .. . . . .. . . .. . . . . .. . . . .. . . . . . ~ .. . . . .. . . .. . . . . .. . . . .. . . . . .. . . . ~ . . . .. . . . . .. .. . .. . . . . . . . .. .. 12
9. ADDITIONAL TERMS AND CONDITIONS: ......................u..........................................13
A. Condemnation or Destruction of Leased Premises................................................ 13
B ~ Independent Contractor ...................................... ~... .. .... .... ... ... ... ... . . . . . . . . . . . . . . . .. .. . . . . .. . . . . .. ... 15
C. Hold Harmless and Indemnification...... u.. .... u......... ... ......~...... ... ......... u.................. .15
D · Insurance.......".........."".............,..,......".."...."............................"..".. II......."." II.".......... .16
E . Taxes.. .. .. · · · · · · · · .. . . . . . . . . . . . .. . . . ~ . .. . . . . . . .. .. .. . . .. .. . . . . . .. .. . .. .. . . . . . . . ~ . .. . .. . .. . . .. .. .. . . . . . . .. .. . . . . . .18
F . T ran s f e rs ....................................................................... 10 . . . . .. . . . . . .. . . .. . . . ~ . . . . .. . . .. . . . . . ~ . . . . . . . . . . . . . . .. .. 1 8
G. Non-Discrimination and Civil Rights Compliance ..............................u....... ...... ......19
H . E as em en t s .............................. ~ .. . . .. . . . . . . . .. . . .. . .. . . . .. . . . . . . .. . . .. . . . .. . . . . . .. . . . . . . . .. . . . . . . . . . .. . . . . . . . . .. . . .. . .. .. " . . . . 2 0
I . C an cell at ion .. . . · ~ · · ~ · · · · .. . . . .. . . . . . . . .. .. . . . . . . . . .. . . . . . . . . . . . . . . . .. . . .. . .. . . . . ~ . . . . . . .. . . . .. . . . . . . . .. . .. . . .. . . . . . .. . . . . . ~ . . ~ . . ~ 2 0
J. Events of Default ~...... .... ... ~.. ...... ... ...... .... ..... ... ~... ..... ... ... ...... ~... ..... ..... ... .... ..... ... ....... .... ...... ~.21
K. Default For Insolvency. ... ........ ~.. ....... ... ....... ... ....... ~.. ... .... ...... ~.. ~.. .... ..... ~.. ~.. ..... .... ..... .... .23
L .. W ai v e r ......................................... ~ .. . .. . . . .. . .. . ~ .. . . .. . . . .. . . . . . . . 10 . . . . .. . . .. .. . . . . . ~ . . ~ . . . .. .. . . .. . . . . . . .. . . . . .. . . . .. . .. .. . . .. . . . 2 3
M.. Right of Entry .... .... ....... .... ... .... .... ..... ... ..... ~...... ... ....... ...... ~.. .... .... ......... ... ..... .."... ... ... ... ... ... .24
N. Surrender .. .... ... ... ... .... ...... ... ... ........... .... ..... ... ... ........ ~.. ...... ... ........ ... ..... .... ... ...... .... ..... ..oO ... ....24
O. Interpretation ~.. ..... .... .... ..... ....................... ~.......... ... .... ... ....... ~.. ..... .... ............................... ~... ...25
P. Force Majeure/Time Extensions........ ...... .........~..... ... u .............. ..................... .... ...... .25
Q.. Manager's Non-Compliance and Liquidated Damages..... ........................ ............. ...25
R.. Golf Course Evaluation Report .... .... ~... ................. ~.... ............. u. ... .............. ....u... ....... ... ..26
S . N 0 ti c e s ........................................... ~ . . ~ .. . . .. . . . . & . . . .. . .. .. . . .. . . . ~ .. . .. .. . . . . . . . . . .. . . . .. . . .. . . . . . . . . . . . . . . . . . .. .. . ~ . . . 2 7
T . S eve r a b i I i ty ............"...... ~ .. . . . . . .. . . .. . . .. .. . . . . . . . . . . . . . ~ . . . .. . ~ .. . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . .. . .. .. . . . . . . . . . . . . .. . . 2 7
U.. Contract Enforcement and Amendments To This Agreement .............................27
V . C a pti 0 n s · .. · · · .. · .. .. . . .. . . . . . . . .. . .. . . . . . . . . . . .. . . .. . . . . . .. . . .. . . .. ~ . .. . . . . . . .. . . . . . . .. . .. . . . . . . . . . ~ .. . ~ . .. . . . . . . . . ~ .. . . .. . . . . . . . . . . . .. . . 28
W . Entire Agreement............. ~...... ....... ... ..... .. ... ... ... .................. 10 ~............ ... ... ...... . .. .... ..... ..... ...... 28
EXHIBIT A - 1978 LEASE AND LETTER OF EXTENSION ..........................................u....
EXHIBIT B - ASSUMPTION AGREEMENT ......................u... ................ .... ......................."...........
EXHIBIT C - LEGAL DESCRIPTION.... .......... u............... .... ................. .................. .... ..........................
EXHIBIT D - CAPITAL PROJECTS ....... .... ... ...... ..oO................ ..............~.. .... &.......~.............. ... .............
EXHIBIT E - CORPORATE MEMBERSHIP AGREEMENTS... ...................... ... ...... ................
EXHIBIT F - GROUNDS MAINTENANCE SERVICES MANAGEMENT PLAN ...........
(
ASSIGNMENT OF LEASE
AND
AMENDED LEASE AGREEMENT
FOR THE PROVISION OF GOLF COURSE OPERATIONS AT
CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE
AGREEMENT entered into by the City of Meridian, an Idaho municipal
corporation, herein referred to as "City", as Lessor, and joint tenants LakeView Meridian
Investors, LLC, an Idaho Limited Liability Company, and Boise Ranch Golf Course, Inc.,
an Idaho Corporation, herein collectively referred to as "Lessee".
WITNESSETH, that for and in consideration of the mutual promises, covenants
and agreements contained herein, the parties hereby agree as follows:
1. CONSENT TO ASSIGNMENT OF LEASE
A. City does hereby consent to the assignment of that certain lease agreement
dated October 3, 1978 between City and Cherry Lane Recreation, Ine (the
"Assignor") to Lessee, subject to the amended terms and conditions
contained herein. A copy of the 1978 lease and letter of extension are
attached hereto as Exhibit A and incorporated herein by this reference. In
the event of a conflict between the 1978 lease and this Amended Lease, the
terms of this Amended Lease shall control.
B. City also cO_Dsents to the assumption by Boise Ranch Golf Course, Inc.,
Richard R. Davis, President, of Assignor's liabilities and obligations to Idaho
Independent Bank secured by the lease as described in the Assumption
Agreement attached hereto (without exhibits) as Exhibit B. City also
consents to the planned future assumption of all or a portion of these same
liabilities and obligations to Idaho Independent Bank by LakeView Meridian
Investors LLC.
2. GRANT OF AUTHORITY: LEASED PREMISES
A. The City hereby grants to the Lessee for the term and upon the
conditions and provisions herein, the exclusive right and privilege to manage
and operate the Meridian Municipal Golf Course, currently known as the
Cherry Lane Golf Course. Said premises shall hereinafter be referred to as
the "leased premises," "premises." Or "golf course" and are legally described
in Exhibit C attached hereto and incorporated herein. The Lessee and its
employees are independent contractors and are not employees of the City.
B. The proposed new name for the golf course as "LakeView Golf Club" is
hereby approved. Any future name change shall be subject to the approval
of City, which approval shall not be unreasonably withheld, conditioned or
delayed.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FO.R THE .PROVISION OF GO.LF COU.RSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - 1
c. The leased premises shall be used for golf course operations and such other
purposes as are related thereto provided express written approval is granted
by the City, which approval shall not be unreasonably withheld, conditioned
or delayed, and for no other purposes whatsoever.
D. Lessee acknowledges personal inspection of the leased premises and the
surrounding area and evaluation of the extent to which the physical
condition thereof will affect the operation of the golf course. Lessee accepts
the leased premises in its present condition and agrees to make no demands
upon the City for any improvements or alteration thereof.
E. Lessee shall construct upon the leased premises the Construction Projects in
accordance with the provisions set forth in Section 7, hereinafter, and the
attached Exhibit D.
F. Any capital improvements to the leased premises shall be subject to: prior
approval of the City, which approval shall not be unreasonably withheld,
conditioned or delayed; securing of applicable permits; and compliance with
such reasonable terms and conditions as may be imposed thereon by the
City. The City shall assist in the expedition of permits and compliance to the
extent possible.
GII Lessee hereby acknowledges the title of the City and/or any other public
agencies haying jurisdiction over, in and to the leased premises, including the
existing improvements located thereon, and covenants and agrees never to
assail, contest or resist said title.
H. The leased premises, all existing structures, and all structures, buildings
and/or improvements constructed by Lessee upon the leased premises and all
alterations, additions or betterments thereto, shall be surrendered to City
upon expiration or termination of this Agreement without compensation
being paid therefore.
3. TERM
The term of this Agreement shall be for a period of thirty (30) years commencing on
the date of execution of this Agreement.
The Lessee has the option of renewing this Agreement for an additional thirty (30)
year term, subject to such additional terms and condition as may be mutually
agreed upon bet\veen City and Lessee. In the event the Lessee desires to
exercise its option hereunder, the Lessee shall give the City written notice of
such no later than six (6) months before the expiration of the initial thirty
(30) year term.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR TH.E PROVISION OF GO"LF COURSE
O.PERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - 2
C.'. .
c.:
In the event Lessee holds over beyond the term herein provided with the consent,
express or implied of City, such holding shall be from month to month only,
subject to the conditions of this Agreement; shall not be a renewal thereof,
and shall be at the monthly compensation provided herein.
4. LESSEE'S BASIC SERVICE OBLIGATIONS
A. Golf Services - Use Granted
Lessee is hereby authorized to sell, rent, store and/or repair golf equipment;
sell golf related clothing and supplies; provide instructional services in the
playing of golf; rent power-driven golf cars and manually operated golf carts.
B. Power Driven Golf Cars and Manual Golf Carts
Lessee shall provide a fleet of power driven golf cars and a sufficient number
of manually operated golf carts to meet the public demand therefore. All of
the golf cars shall have shade tops. The Lessee may prohibit the use of golf
cars on the golf course whenever weather conditions expose the user to
danger or the golf course to damage arising from operation thereon. All golf
cars and the maintenance thereof shall comply with the specifications and
maintenance requirements set forth by the manufacturer. The Lessee shall
comply with financial requirements regarding the issuance of golf car rental
receipts, and the system of accountability and procedures therefore.
c. Junior Golf Program
Lessee shall cooperate with the City in the promotion of a Junior Golf
Program. Lessee shall also conduct other junior programs and tournaments
at reduced-rate entry fees. The Lessee will coordinate with schools for
instructional use, team practice, matches and tournaments.
D. Corporate Memberships
Lessee shall honor the terms of all existing Corporate Memberships. The six
Corporate Memberships that are known to exist include The Ewing
Company, Gillingham Construction, Inc., Hi-Micro Tool Corporation, Rock
Contractors, Inc., Bill Berg Family (Family Membership), and Cloverdale
Nursery. The terms and conditions of the six known Corporate
Memberships are found in Exhibit E to this Agreement, attached hereto and
incorporated herein by this reference. City has diligently searched its files
and believes that Exhibit E contains all known Corporate Memberships.
However, in the event that additional valid Corporate Memberships in
existence at on the date of this Agreement are identified in the future, Lessee
agrees to honor those memberships according to their terms.
ASSIGNMENT OF LEASE & AM.ENDED LEASE AGREE.MENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF M.ERIDIAN'S MUNICIPA.L GOLF COURSE - 3
E. Food and Beverage Services - Use Granted
1. Lessee is hereby authorized to sell food and beverages, including
alcoholic beverages, within the restaurant. Lessee must obtain and maintain
all City, State and Federal licenses and certificates necessary to operate the
food and beverage services in accordance with business and health
standards. All employees must be able to meet such associated standards as
well.
2. Operate the restaurant facility so as to maintain hours of service in
conjunction with all regular golf course ~ctivities, including regularly or
specially scheduled tournaments. The restaurant may be operated at
additional times, so long as it complies with all laws and regulations
applicable thereto. Clubhouse operations other than maintenance shall
conclude daily on or before the hour of 11:00 o'clock p.m. as required by
CUP 99-009 unless such CUP 99-009 has been modified as required by
Meridian City Code.
3. Install and maintain, at Lessee's expense, all equipment necessary to
operate a food and beverage service.
4. Lessee shall provide and maintain the necessary inventory of
food and beverage products required to satisfy the public demand thereof.
All such products sold or kept for sale by Lessee shall be first class in quality,
wholesome _and pure, and shall conform to the Federal, State, County and
City food laws, ordinances and regulations in all respects. No adulterated,
misbranded or impure articles shall be sold or kept for sale by Lessee. All
food and beverage products kept on hand by Lessee shall be stored and
handled with due regard for sanitation.
F. Continuous Operation
The Lessee shall keep the various areas of the leased premises open and use
them to transact business with the public each and every day during the
hours designated by the Lessee. The Lessee may, upon posting a written
notice to the public of not less than one week, close the clubhouse, golf shop
and/or restaurant for a reasonable period of time for holidays; for repairs or
remodeling as authorized; for taking inventory; for tournaments or special
events; or to accommodate construction improvements.
G. Golf Course Starter Services - Use Granted
Lessee is hereby required to render and provide golf course starter services
to include but not limited to:
1. Granting tee times to the general public on a fair and equitable
ASSIGNMENT OF LEASE & AMENDED LEASE AG.REEMENT FOR THE PROVISION OF GO.LF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - 4
basis. Listing of such tee times shall be publicly posted in the clubhouse. The
Lessee shall develop a policy detailing the process and time frames required
to secure tee times. The policy should include the number of days in advance
a tee time can be obtained and methods used to obtain. This policy shall be
prominently displayed for general public review.
2. Fees and charges schedule shall be prominently displayed for general
public review.
3. Maintenance of a complete daily attendance (player) record using
forms normal for such purposes. ALL persons using the course shall be
required to sign in on the attendance sheet and receive a cash register receipt
whether a daily fee player, season pass holder, staff member or courtesy
round player.
4. Furnish 18 hole score cards and pencils in sufficient numbers to
accommodate the public's need. Scorecards should clearly identify the
course as Golf Course as the City of Meridian's municipal golf course.
5. Each golfer shall be provided a numbered and dated cash register
receipt prior to being allowed on the course by the starter. Such receipts are
subject to examination by the course marshal or appropriate staff member
while play is in progress.
6. Daily attendance record forms shall be reconciled with fee
category totals on the cash register detail tape or other computer monitored
system along with golf car rental receipts.
H. Building and Equipment Maintenance Services - Use Granted
I. Lessee shall, at Lessee's expense, keep and maintain the premises and
all buildings, structures, improvements, fixtures, trade fixtures, equipment
and utility systems which may now or hereinafter exist thereon, in good,
operable, usable and sanitary order and repair and in a good, safe condition,
ordinary wear and tear excepted, throughout the term of this Agreement.
2. Should the Lessee fail, after ten (10) days notice from the City
of the need thereof, to perform its obligations required hereunder, City in
addition to all other available remedies may, but shall not be obligated to,
exercise its Right of entry as provided hereinafter, except that if any such
obligations cannot with diligence be performed by Lessee within such ten
(10) day period, if Lessee shall commence to perform the same within such
ten (10) day period and thereafter shall prosecute the performance of same
with diligence and continuity, then the time within which such failure to
perform may be cured shall be extended for such period as may be necessary
to complete the curing of the same. City may enter upon the premises and
ASSIGNMENT OF LEASE & AMEN.DED LEASE AGREEMENT FOR THE PROVISrON OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE- 5
perform Lessee's failed obligations, using any equipment or materials on the
leased premises suitable for such purposes. Lessee shall forthwith on
demand reimburse City for the City's costs so incurred including direct and
indirect overhead costs as reasonably determined by the City.
I. Grounds Maintenance Requirements
1. Lessee is hereby required to provide grounds maintenance
services, including, but not limited to, the obligation to mow, edge, trim,
overseed, fertilize, aerate, irrigate, sod, change cups, service tees, topdress,
raise divots, rake traps, spray, mop, spot irrigate, syringe, and renovate turf
and shrub areas designated hereunder; as well as to provide weed, disease
and pest control, tree maintenance, maintenance of irrigation system
including mainlines, pumps, boosters and controllers, keep swales in good
repair and to provide the necessary maintenance of any appurtenant
structures and equipment, and other duties as set forth in the attached
Exhibit F titled "Grounds Maintenance Services Management Plan" as
developed by Lessee. This plan shall be modified from time to time as
necessary to maintain the grounds to the level of maintenance set forth in
section 2, below.
2. With regard to the level of maintenance, all work shall be
performed in accordance with the standards of the Golf Course
Superintendent Association of America (GCSAA), United States Golf
Association ~(USGA) or similar organization, as changed and modified from
time to time and at established frequencies so as to maintain the aesthetic
level and proper playing condition of the golf course to that of other
municipal golf courses in the region. Because the aesthetic condition of the
leased premises is of great importance to City, the standards and frequencies
may be modified from time to time as reasonably deemed necessary by City
for the maintenance of the leased premises.
3. Lessee shall provide and maintain in its employ at the leased
premises a golf course superintendent and maintenance crew, on a daily
basis. All of the Lessee's maintenance personnel shall be supervised by a
Class "A" superintendent. Lessee must employ sufficient personnel to
perform all work as scheduled and required by the City.
4. Lessee will provide the City with the names and telephone
numbers of at least two (2) qualified persons who can be called by City
representatives when emergency maintenance conditions occur during hours
when the Lessee's normal work force is not present. The City shall call for
such assistance only in the event of a genuine and substantial emergency.
This provision does not pertain to conditions rendering the course unusable
as otherwise set forth herein.
ASSIGN"MENT OF LEASE & AM"ENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COU"RSE - 6
(. . .
(' . .. :
5. Whenever play must be temporarily suspended on the leased premises
due to inclement weather conditions, the decision on when to allow play to
resume, and when to allow golf cars to go out on the course, will be made by
the Lessee.
6. The Lessee at its sole cost and expense shall furnish all
necessary equipment, supplies and material of good quality and in sufficient
amounts to fulfill the requirements of this Agreement and to accomplish an
acceptable and professional level of maintenance. Storage and handling of
all fertilizers, fungicide, insecticides, herbicides and petroleum products shall
be in accordance with all federal, state and manufacturer's regulations and
standards.
5. PAYMENT OF RENT
Lessee shall pay the sum of Six Thousand Dollars ($6,000.00) per year, in advance,
as rental. This annual payment shall be due on the .first day of October.
6. ACCOUNTING RECORDS
A. All sales shall be recorded by means of cash registers which publicly displays
the amount of each sale and automatically issue a customer's pre-numbered
receipt or verify the amount recorded on a slip. All of Lessee's cash registers
shall have locked-in sales totals and transactions counters which are
constantly ~ccumulating and which cannot, in either case, be reset. In
addition, such cash registers must have a tape located within the register
upon which transaction numbers and sales details are imprinted. Beginning
and ending cash register readings shall be made a matter of daily record. In
the event of a technical or electrical failure of the cash register, Lessee shall
record by hand all collections, and issue a sequentially pre-numbered
customer's receipt in like manner.
B. Lessee shall be required to maintain a method of accounting which correctly
and accurately reflects the gross receipts, and disbursements, construction
costs, and construction financing of the Lessee in connection with the
authorized operations. The method of accounting, including bank accounts
established for the authorized operations, shall be separate from the
accounting system used for any other business operated by Lessee or for
recording Lessee's personal financial affairs. Such method shall include the
keeping of the following documents: regular books of accounting such as
general ledgers; journals including any supporting and underlying
documents such as vouchers, checks, tickets, bank statements, etc; State and
Federal income tax returns and sales tax returns and checks and other
documents providing payment of sums shown which shall be kept in
confidence by City; cash register tapes (daily tapes may be separate but shall
be retained so that from day to day the sales can be identified), golf starter
ASSIGNMENT OF .LEASE & AMEND.ED LEASE AGRE.E.MENT FOR THE P.ROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - 7
sheets and golf cart rental forms; and any other reporting records that the
City's Administrative Services Director deems necessary for proper
reporting of receipts in accordance with generally accepted accounting
principals (G.A.A. P.).
c. All documents, books and accounting records shall be open for inspection
and reinspection at any reasonable time during the term of this Agreement
and for four (4) years thereafter. In addition, the City may from time to time
conduct an audit and reaudit of the books and business conducted by Lessee
and observe the operation of the business so that accuracy of the above
records can be confirmed. All information obtained in connection with the
City's inspection of records or audit shall be treated as confidential
information and exempt from public disclosure thereof to the extent
permitted under the Idaho Public Records Act. City shall not be liable or
responsible for the disclosure of any such records including those marked
trade secrets, confidential, or proprietary, if such disclosure is deemed to be
required by law by an order of a court of competent jurisdiction.
7. CAPITAL IMPROVEMENT PROGRAM
A Capital Improvement Program shall be prepared by the Lessee and approved by
the City indicating the description of each improvement project, the
estimated costs, and the projected time frame for commencement and
completion for each improvement project. The program shall span the first
six (6) years of the Agreement and shall be updated annually for City review
and approval, which approval shall not be unreasonably withheld,
conditioned or delayed.
Prior to commencement of construction, Lessee shall obtain City approval of all
plans and specifications for improvements to be constructed on the leased
premises, which approval shall not be unreasonably withheld, conditioned or
delayed. No modifications of said plans, specifications, or improvements,
including landscaping shall be made by Lessee, without the City's approval
thereof, which approval shall not be unreasonably withheld, conditioned or
delayed. Lessee agrees that City may have on the site at any time during the
construction improvement period an inspector who shall have the right of
access to the leased premises and the construction work.
Lessee shall construct, perform, and maintain all construction and installations
covered by this Agreement in a good and workmanlike manner and with
high quality materials, and shall furnish all tools, equipment, labor and
material necessary to perform and to complete same. Upon completion of
the improvements, Lessee shall furnish the City with one (1) complete set of
as-built construction drawings on mylar or its equivalent acceptable to the
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEM.ENT FOR THE PROVISION OF GOLF COURSE
OP.ERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - 8
(-
City; copies of operating manuals for building equipment and systems; and
copies of all written warranties.
Upon termination of this Agreement whether by expiration of term or cancellation,
Lessee shall assign to City all express warranties to the works of
improvement covered by this Agreement. Lessee shall provide such
additional insurance coverage as City may reasonably deem necessary for
any contemplated construction project.
8. OPERATING RESPONSIBILITIES
A. Compliance with Laws, Rules and Regulations
Lessee shall conform to and abide by all municipal
ordinances, and all state and federal laws and regulations, insofar as the
same or any of them are applicable; and where permits and/or licenses are
required for the golf course operation hereunder and/or any construction
authorized herein, the same must be first obtained from the regulatory
agency having jurisdiction thereover. In addition, Lessee shall conform to
and abide by all rules and regulations of the City insofar as the same or any
of them are applicable.
BII Disorderly Persons
Lessee shall exercise every reasonable effort not to allow any
loud, boisterous or disorderly persons to loiter about the leased premises.
c. Illegal Activities
Lessee shall not knowingly permit any illegal activities to be conducted upon
the leased premises.
D. Public Use
Lessee shall use its best efforts to maximize the public use of Golf Course and
the leased premises thereon.
E. Lessee's Staff and Employment Practices
1. Lessee shall maintain an adequate and proper staff. The City may at
any time give Lessee written notice to the effect that the conduct or action of
a designated employee of Lessee is, in the reasonable belief of the City,
detrimental to the interest of the public patronizing the premises. Following
City's written notice therefore Lessee shall meet with representatives of the
City to consider the appropriate course of action with respect to such matter
ASSIGNM"ENT OF LEASE & AMEN"D"ED LEASE AGREEMENT FOR TI-IE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - 9
i .
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(:.~........:
and Lessee shall take reasonable measures under the circumstances to assure
the City that the conduct and activities of Lessee's employee will not be
detrimental to the interest of the public patronizing the premises.
2. Lessee warrants that it fully complies with all laws regarding
employment of aliens and others and that all its employees performing
services hereunder meet the citizenship or alien status requirements
contained in federal and state statutes and regulations including, but not
limited to, the Immigration Reform and Control Act of 1986. Lessee shall
obtain, from all covered employees performing services hereunder, all
verification and other documentation of employment eligibility status
required by federal statutes and regulations as they currently exist and as
they may be hereafter amended. Lessee shall retain such documentation for
all covered employees for the period prescribed by law. Lessee shall
indemnify, defend, and hold harmless, the City, its officers and employees
from employer sanctions and any other liability which may be assessed
against Lessee or City or both in connection with any alleged violation of
federal statutes or regulations pertaining to the eligibility for employment of
persons performing services under this Agreement.
3. Lessee shall establish and adhere to a Drug Free Workplace Policy.
F . Utilities
At the com~encement of the term of this Agreement, the Lessee shall
provide for the transfer of all applicable utility and telephone accounts to
Lessee accounts, and thereafter shall provide and pay for any necessary
utilities and telephone service at the leased premises. Lessee waives any and
all claims against City for compensation for loss or damage caused by a
defect, deficiency or impairment of any utilities system, water system, water
supply system, drainage system, waste system, heating or gas system,
electrical apparatus or wires serving the leased premises unless caused by the
negligent or willful act or omission of the City, City's agents and/or City's
employees and/or except as described hereinafter.
G. Sanitation
No offensive matter or refuse or substance constituting an unnecessary,
unreasonable, or unlawful fire hazard, or material detrimental to the public
health shall be permitted to remain on the premises and Lessee shall prevent
any accumulation thereof from occurring.
H. Security Devices
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF CQURS.E
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - 1 0
c.
Lessee may provide any legal devices, mechanisms, or equipment designed
for the purpose of protecting the premises from theft, burglary or vandalism.
All purchases and installation thereof shall be at Lessee's expense
I. Safety
Lessee shall use good faith efforts to immediately correct any unsafe
condition of the leased premises, as well as any unsafe practices occurring
thereon.
J. Quality of Food, Goods and Services
Services to the public, with food, goods and merchandise of the best quality
and at reasonable charges, is of prime concern to City and are considered a
part of the consideration for this Agreement. Therefore, Lessee agrees to
operate and manage, during the entire term of this Agreement, the golf
course, and leased premises in a first-class manner, and comparable to other
first-class municipal golf courses providing similar facilities and services.
Where such facilities are provided, Lessee shall furnish and dispense foo.ds
and beverages of the best quality and shall maintain a high standard of
service at least equal to that of other similar establishments in the area and to
those prevailing in such areas for similar products and services, and without
discrimination. Lessee, following receipt of written notification therefore,
shall immediately withdraw or remove from sale any goods or services which
may be found objectionable to the City based on findings that the provision
of such goods or services are harmful to the public welfare.
K. Reporting
Lessee or Lessee's representative shall meet with the Mayor or the Mayor's
representative annually, and at such other times as may be required by the
City to review Lessee's performance under this Agreement and to discuss
any problems or matters as determined by the City or Lessee.
L. Trade Fixtures
Lessee at its own expense shall provide and install all appliances, furniture,
fixtures, equipment, door locks and padlocks that are required for the
operation of the leased premises.
M. Habitation
The leased premises shall not be used for human habitation, other than a
night watchman or patrolman as approved by the City.
N. Golf Associ~tjons
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S M.UNICIPAL GOLF COURSE-II
Lessee acknowledges that at the golf course there is presently organized,
active and participating responsible golf associations that have, over long
periods of time, been helpful to City in the operation and improvement of the
golf course. Lessee agrees to encourage and cooperate with these
associations, and to consult with their authorized representatives on matters
of mutual interest. Similarly, Lessee agrees to encourage formation of such
additional, responsible organizations by users of the leased premises and to
consult with them in the same manner.
9. ADDITIONAL TERMS AND CONDITIONS:
A. Condemnation or Destruction of Leased Premises
1. In the event the leased premises shall be totally or partially destroyed
from any cause rendering the premises totally or partially inaccessible or
unusable, Lessee shall restore the premises to substantially the same
condition as in immediately before destruction using insurance proceeds, if
the restoration can be made under the existing laws and regulations and can
be completed within ninety (90) business days after the date of the
destruction. Such destruction shall not terminate this Agreement. Plans,
specifications, and construction cost estimates for the restoration thereof
shall be prepared by Lessee and forwarded to City for approval prior to the
performance of any work thereon, which approval shall not be unreasonably
withheld, c~nditioned or delayed. The required construction shall be
performed by Lessee and/or licensed and bondable contractor(s) thereofwho
shall be required to carry comprehensive liability and property damage
insurance, workers' compensation insurance, and all other associated
coverages required at the time by contractors doing similar work on City
property. Said construction shall be commenced promptly following the
approval thereof by the City, issuance of permits therefore by governmental
agencies having jurisdiction thereover, and posting of the construction site by
City with notice of nonresponsibility, and shall be diligently prosecuted to
completion. All work shall be performed in accordance with the approved
plans and specifications, unless changes therein are approved in advance
thereof by City. All construction shall be performed in a good and
workmanlike manner. Upon completion of the restoration, Lessee shall
immediately deliver a notice of completion with the City.
2. If the cost of restoration exceeds the amount of proceeds received
from the insurance required herein, Lessee can elect to terminate this
Agreement immediately by giving written notice to the City within fifteen
(15) days after determining the restoration cost will exceed such insurance
proceeds. If Lessee elects to terminate this Agreement, the City, within
fifteen (15) days after receiving Lessee's written notice to terminate, may
elect to pay Lessee the difference between the amount of insurance proceeds
ASSIGNMENT OF LEASE & AMENDE.D LEAS.E AGREEMENT FOR TH.E PROVISION OF GOLF COURSE
OPERA TrONS AT CITY OF MERIDIAN' S MUNICIPAL GOLF COURSE - 12
(
(
and the cost of restoration, in which case Lessee shall restore the premises.
Lessee shall give the City satisfactory evidence that all sums contributed by
the City as provided in this Section have been expended by Lessee in paying
the cost of restoration. If Lessee elects to terminate this Agreement and the
City does not elect to contribute toward the cost of restoration as provided in
this Section, this Agreement shall terminate. In case of destruction caused
from a risk covered by insurance required hereunder, there shall be no
abatement or reduction of rent. In case of destruction caused from a risk not
covered by insurance required hereunder, there shall be an abatement or
reduction of rent between the date of destruction and the date of substantial
completion of restoration, based on the extent to which the destruction
interferes with Lessee's use of the premises. If destruction to the premises
occurs during the last year of the Term, Lessee can terminate this Agreement
by giving written notice to the City not more than fifteen (15) days after such
destruction.
3. Condemnation of the Leased Premises.
For purposes of this Section, the following words and phrases have the following
meanings:
".Condemnation" shall mean the exercise of any governmental power,
whether by legal proceedings or othenvise, by Condemnor; and a voluntary sale or
transfer by Lessee to any condemnor, either under threat of condemnation or while
legal proceedings ~or condemnation are pending.
"Date of Taking: shall mean the date the condemnor has the right to
possession of the property being condemned.
ttAlvard" shall mean all compensation, sums, or anything of value awarded,
paid, or received on a total or partial condemnation.
"Condemnor" shall mean any public or quasi-public authority, or private
corporation or individual having the power of condemnation.
a. If the premises are totally taken by Condemnation, this Agreement
shall terminate on the Date of Taking. All rent shall be paid through the
Date of Taking, and the City shall have no claim against Lessee for the value
of any alleged unexpired term of this Agreement.
b. If any portion of the premises is taken by Condemnation this
Agreement shall remain in effect, except that Lessee shall have the election to
terminate this Agreement if the remaining portion of the premises not taken
is rendered unsuitable for Lessee's continued use of the premises, as
determined in Lessee's reasonable discretion. If Lessee elects to terminate
this Agreement, Lessee must exercise its right to terminate pursuant to this
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
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Section by giving written notice to the City within thirty (30) days after the
nature and the extent of the taking have been finally determined. If Lessee
elects to terminate this Agreement as provided in this Section, Lessee also
shall provide the City with written notice of the date of termination, which
date shall not be earlier than thirty (30) days nor later than ninety (90) days
after Lessee has notified the City of Lessee's election to terminate. Provided,
however, this Agreement shall terminate on the Date of Taking if the Date of
Taking falls on a date before the date of termination as specified by Lessee.
c. Both Lessee and the City shall have the right to proceed against the
Condemnor, and mal{e claim for, without limitation, any sum attributable to
Lessee's improvements or alterations made to the premises; any sum for the
reasonable removal and relocation cost; any sum for the loss of goodwill;
and/or any sum for damage to Lessee's business because of condemnation.
Any Condemnation award in connection with the improvements or
alterations made to the premises shall be used to restore and/or improve the
premises.
B. Independent Contractor
1. This Agreement is by and between the City and Lessee and is not
intended, and shall not be construed, to create the relationship of agent,
servant, employee, partnership, joint venture or association, as between the
City and Lessee.
2. Lessee understands and agrees that all persons furnishing services to
City pursuant to this Agreement are, for purposes of Workers'
Compensation liability, employees solely of Lessee and not the City.
3. Lessee shall bear the sole responsibility and liability for furnishing
Worker's Compensation benefits to any person for injuries from or
connected with services performed on behalf of Lessee pursuant to this
Agreement.
c. Hold Harmless and Indemnification
Lessee agrees to indemnify, defend and save harmless the City, its agents,
officers, and employees from and against any and all liability, expense,
including defense costs and legal fees, and claims for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal
injury, or property damage arising from or connected with Lessee's
operations or its services hereunder, including any worker's compensation
suits, liability or expense, arising from or connected with services performed
on behalf of Lessee by any person pursuant to this Agreement unless caused
by the negligent or willful act or omission of the City, City's agents and/or
City's employees. Lessee's duty to indemnify City shall survive the
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expiration or termination of this Agreement for two (2) years after such
expiration or termination.
DII Insurance
1. Without limiting Lessee's indemnification of City, Lessee shall
provide and maintain at its own expense during the term of this Agreement
the following program(s) of insurance covering its operations hereunder.
Such insurance shall be provided by insurer(s) reasonably satisfactory to
City and evidence of such programs satisfactory to City shall be delivered to
the City on or before the effective date of this Agreement. Such evidence
shall specifically identify this Agreement and shall contain express conditions
that City is to be given written notice at least (30) days in advance of any
modification or termination of any program of insurance. Such insurance,
with the exception of Workers' Compensation insurance, shall be primary to
and not contributing with any other insurance maintained by City, and shall
name City an additional insured.
2. During the periods of time of normal operations and non-construction
periods, Lessee shall provide and maintain the following forms and amounts
of insurance:
a. Property: At all times during the Term, Lessee, at its sole cost and
expense, shall cause the leased premises and all associated facilities to be
fully an~ adequately insured with a customary policy of fire and
extended coverage insurance (including vandalism, malicious mischief
and special extended perils or all risk) in an amount not less than the
full replacement cost of the improvements to the premises, with a
standard inflation guard endorsement or, in the event the parties have
agreed upon a fixed amount of insurance, with a fixed amount
endorsement.
b. Liability: Comprehensive General Liability insurance endorsed for
Independent Contractor, Premises, Operations, Products/Completed
Operations, Contractual, Broad Form Property Damage, and Personal
Injury with a combined single limit of not less than ONE MILLION
DOLLARS ($1,000,000.00) per occurrence. If such insurance is written
on a Claims Made Form, such insurance shall be endorsed to provide an
extended reporting period of not less than five years following
termination of this Agreement.
c. Workers' Compensation: A program of Workers' Compensation
insurance in an amount and form to meet all applicable legal
requirements.
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3. During the period(s) of construction as required herein, Lessee shall
provide the following forms and amounts of insurance:
a. Builder's All-Risk Insurance: including flood coverage, covering the
entire work, against loss or damage until completion and acceptance by
the City. Insurance shall be in an amount for the replacement value of
the improvements and endorsed for broad form property damage, breach
of warranty, explosion, collapse, and underground hazards. Deductibles
not exceeding five percent (5%) of the construction cost will be permitted.
b. Comprehensive General Liability: insurance endorsed for
Independent Contractor, Architect's Professional Liability, Premises-
Operations, Products/Completed Operations, Contractual, Broad Form
Property Damage, and Personal Injury with a combined single limit of
not less than One Million Dollars ($1,000,000.00) per occurrence.
c. Comprehensive Auto Liability: endorsed for all owned and 008-
owned vehicles with a combined single limit of at least Three Hundred
Thousand Dollars ($300,000.00) per occurrence.
d. Worker's Compensation: a program of Workers' Compensation
insurance in an amount and form to meet all applicable requirements.
4. Failure on the part of Lessee to procure or maintain required
insurance s~all constitute a material breach of contract upon which City may
immediately terminate this Agreement.
5. Conduct of Lessee's operations shall not commence until Lessee has
complied with the aforementioned insurance requirements. Further, said
operations, whether in whole or in part, shall be subject to suspension by the
City during any period that Lessee fails to maintain said policies in full force
and effect.
6. The specified amount of liability insurance required herein may be
subject to renegotiation on an annual basis. Should either party request
renegotiation with respect to the amount of liability insurance to be provided,
the determination thereof shall be established through mutual negotiations
between the parties. Lessee shall continue to provide liability insurance in
the amount currently being provided pending final renegotiation thereof in
the manner heretofore provided. In the interest of protecting public, the
amount of liability insurance required herein is greater than the amount
required by the Idaho Tort Claims Act at the time of execution of this
Amended Agreement. In the event that the limits of liability contained in the
Idaho Tort Claims Act are increased and at some point in the future and
exceed the amount of liability insurance required herein, Lessee shall
immediately.submit proof of compliance with the changed limits.
ASSIGNMENT OF LEASE & AMENDED .LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
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7. Subsequent to such renegotiation as hereinbefore described, and with
the concurrence of the City's Risk Lessee and City Attorney, the City shall
prepare and execute, and the Lessee shall execute, the appropriate
amendment to this Agreement.
8. No cancellation provision in any insurance policy shall be construed
in derogation of the continuous duty of Lessee to furnish insurance during
the term of this Agreement. At least thirty (30) days prior to the expiration
of any such policy, a signed and complete certificate, with all endorsements
required by this Section, showing that such insurance coverage has been
renewed or extended shall be filed with the City.
E. Taxes.
Lessee shall pay all taxes, assessments, fees and charges on real property,
goods, merchandise, fixtures, appliances and equipment owned or used
therein.
F . Transfers
1. Lessee shall not, without the prior written consent of the City assign,
hypothecate, or mortgage this Agreement, or sublease or sublicense any
portion of the premises, which consent shall not be unreasonably withheld,
conditioned_ or delayed; provided, however, any attempted assignment,
hypothecation, mortgage, sublease or sublicense without the consent of the
City shall render this Agreement null and void.
2. Each and all of the provisions, agreements terms, covenants and
conditions herein contained to be performed by Lessee shall be binding upon
any transferee thereof.
3. The operations herein authorized shall not be transferable by
testamentary disposition or the State Laws of intestate succession, as the
rights, privileges, and use conferred by this Agreement shall terminate prior
to the date for expiration thereof in the event of the death of Lessee occurring
within the term herein provided. Additionally, neither this Agreement nor
any interest therein shall be transferable in proceedings in attachment or
execution against Lessee or in voluntary or involuntary proceedings in
bankruptcy or insolvency or receivership taken by or against Lessee, or by
any process of law including proceedings under Chapter X and XI of the
Bankruptcy Act.
4. Shareholders, members, and/or partners of Lessee may transfer, sell,
exchange, assign or divest themselves of any interest they may have therein.
However, in the event any such sale, transfer, exchange, assignment or
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GO.LF COURSE
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divestment is effected in such a way as to give majority control of Lessee to
any persons, corporation, partnership or legal entity other than the majority
controlling interest therein at the time of execution of this Agreement,
approval thereof by the City shall be required, which approval shall not be
unreasonably withheld, conditioned or delayed. Consent to any such
transfer shall be refused, if the City finds that the transferee is lacking in
experience and/or financial ability to render and provide services for the
operation of the golf course.
5. The prohibition herein contained shall not be applicable with respect
to transfers of this Agreement arising from the exercise of a power of sale or
judicial foreclosure pursuant to the terms and conditions of a hypothecation
or mortgage previously approved by the City.
6. In reference to the previous Section, the City's consent with regard to
successive transfers of this Agreement arising from the exercise of a power of
sale or judicial foreclosure or the assignment of the Agreement in lieu of
foreclosure, pursuant to the terms of a deed of trust previously approved by
the City, shall not be unreasonably withheld, conditioned or delayed.
G. Non-Discrimination and Civil Rights Compliance
1. Lessee hereby certifies and agrees that Lessee will comply with Title
VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
1973, the Age Discrimination Act of 1975, Title IX of the Education
Amendments of 1972, where applicable, Title 43, part 17 of the Code of
Federal Regulations Subparts A and B, and the Americans with Disabilities
Act of 1990, to the end that no persons shall, on the grounds of race, creed
color, national origin, political affiliation, marital status, sex, age or
disability, be subjected to discrimination under the privileges and use
granted by this Agreement or under any project, program or activity
supported by this Agreement.
2. Lessee certifies and agrees that all persons employed thereby, are and
shall be treated equally without regard to or because of race, creed, color,
national origin, political affiliation, marital status, sex, age or disability and
in compliance with all federal and state laws prohibiting discrimination in
employment, including but not limited to, the Federal Civil Rights Act of
1964; the Unruh Civil Rights Act; the Cartwright Act; and the State Fair
Employment Practices Act.
3. Lessee certifies and agrees that subcontractors, bidders and vendors
thereof are and shall be selected without regard to or because of race, creed,
color, national origin, political affiliation, marital status, sex, age or
disability.
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OPERATIONS AT CITY OFMERIDIAN.'S .MUNICIPAL GOLF COURSE -18
4. All employment records shall be open for inspection and reinspection
at any reasonable time during the term of this Agreement for the purpose of
verifying the practice of non-discrimination by Lessee in the areas heretofore
described.
5. If City finds that any of the above provisions have been violated, the
same shall constitute a material breach of contract upon which City may
determine to cancel, terminate, or suspend this Agreement. While City
reserves the right to determine independently that the non-discrimination
provisions of this Agreement have been violated, in addition, a determination
by the Idaho Human Rights Commission or the Federal Equal Employment
Opportunity Commission that Lessee has violated State or Federal non-
discrimination laws or regulations shall constitute a finding by City that
Lessee has violated the non-discrimination provisions of this Agreement.
H. Easements
City reserves the right to establish, grant or utilize easements or right of
ways over, under, along and across the leased premises for utilities and/or
public access to the leased premises provided City shall exercise such rights
in a manner as will avoid any substantial interference with the operations to
be conducted hereunder.
I. Cancellation
1. This Agreement shall be subject to cancellation upon the occurrence
of anyone or more of the circumstances as described in Events of Default
hereinafter. As a condition precedent thereto, the City shall give Lessee ten
(10) days notice by registered or certified mail of the date set for cancellation
thereof; the grounds therefore; and that an opportunity to be heard thereon
will be afforded on or before said date, if request is made therefore.
2. Upon cancellation City shall have the right to take possession of the
premises, including all improvements, equipment, and inventory located
thereon, and use same for the purpose of satisfying and/or mitigating all
damages arising from a breach of this Agreement.
3. Action by City to effectuate a cancellation and forfeiture of possession
shall be without prejudice to the exercise of any other rights provided herein
or by law to remedy a breach of this Agreement.
4. Any trustee, beneficiary, mortgagee or lender (hereinafter: Lender)
under a hypothecation or mortgage previously approved by the City shall
have the right at any time during the term of this Agreement to undertake
any and all action that may be required in order to prevent cancellation of
this Agreement and a forfeiture of the operation. Accordingly, the City shall
ASS.IGNM.ENT OF LEASE & AMENDED .LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF CDU.RS.E-19
send a copy of any intended cancellation of this Agreement to any of the
aforementioned parties whose security would be affected thereby; and upon
request thereof for postponement, extend the date set therefore by such time
as the City finds reasonable in order to allow said parties to correct the
leased premises therefore or to provide a new Lessee under a power of sale or
foreclosure contained in the hypothecation or mortgage, who upon transfer
thereto shall become responsible for the correction thereof within such time
as may be allowed by the City.
5. The City shall provide to a Lender a copy of any notice of default
served upon Lessee, provided that such Lender shall have previously
registered with the City by written notice specifying the name and address of
said Lender, at the same time the City provides such notice to the Lessee.
With regard to monetary defaults and other non-monetary defaults which
are curable by Lender, the City shall not terminate this Agreement so long as
Lender, after receiving notice of such defaults and within a reasonable time
after the expiration of the Lessee's curative periods to cure the defaults as
specified in Events and Default hereinafter, commences promptly to payor
to institute foreclosure proceedings to foreclose the deed of trust and
proceeds with the due diligence thereafter to prosecute such proceedings to a
conclusion or to cure the defaults. With regard to defaults which cannot be
cured by Lender, the City shall not terminate this Agreement so long as
Lender, after receiving notice of such defaults and within a reasonable time
after the expiration of the Lessee's curative periods to cure the defaults as
specified in_Events of Default hereinafter, promptly institutes foreclosure
proceedings to foreclose the deed offrust and proceeds with due diligence
thereafter to prosecute such proceedings to a conclusion. In the event that
this Agreement is rejected by a trustee in bankruptcy due to Lessee's
bankruptcy, the City shall provide to Lender or its assignee an option to
enter into a new lease agreement with the City upon the same terms and
conditions as are contained in this Agreement and for the balance of the term
thereof.
J. Events of Default
1. The abandonment, vacation or discontinuance of golf course operations
on the leased premises for more that twenty-four (24) consecutive hours,
except as otherwise provided under this Agreement.
2. The failure of Lessee to punctually payor make the payments required
herein when due, '\vhere the delinquency continues beyond ten (10) days
following written notice for .payment thereof.
3. The failure of Lessee to operate in the manner required by this
Agreement, where such failure continues for more than then (10) days after
written notice from the City to correct the condition therein speci.fied, except
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - 20
that if any such condition cannot with diligence be corrected by Lessee within
such ten (10) day period, if Lessee shall commence to correct the same within
such ten (10) day period and thereafter shall prosecute the correction of same
with diligence and continuity, then the time within which such failure to
correct may be cured shall be extended for such period as may be necessary
to complete the curing of the same.
4. The failure of Lessee to maintain the premises and the improvements
constructed thereon in the state of repair required hereunder, and in a clean,
sanitary, safe and satisfactory condition, where such failure continues for
more than ten (10) days after written notice from the City for correction
thereof, provided that where fulfillment of such obligation requires activity
over a period of time and Lessee shall have immediately, following receipt of
such notice, commenced to perform whatever may be required to cure the
particular default and continues such performance diligently, said time limit
may be waived in the manner and to the extent allowed by the City.
5. The failure of Lessee to keep, perform and observe all other promises,
covenants, conditions and agreements set forth in this Agreement, where
such failure continues for more than thirty (30) days after written notice
from the City for correction thereof, provided that where fulfillment of such
obligation requires activity over a period of time and Lessee shall have
commenced to perform whatever may be required to cure the particular
default within ten (10) day after such notice and continues such performance
diligently, s_aid time limit may be waived in the manner and to the extent
allowed by the City.
6. The filling of a voluntary petition in bankruptcy by Lessee; the
adjudication of Lessee as a bankrupt; the appointment of any receiver of
Lessee's assets; the making of a general assignment for the benefit of
creditors; a petition or answer seeking an arrangement for the
reorganization of Lessee under any Federal Reorganization Act, including
petitions or answers under Chapters X or XI of the Bankruptcy Act; the
occurrence of any act which operates to deprive Lessee permanently of the
rights, powers and privileges necessary for the proper conduct and operation
of the golf course; the levy of any attachment or execution which
substantially interferes with Lessee's operations under this Agreement and
which attachment or execution is not vacated, dismissed, stayed or set aside
within a period of sixty (60) days.
7. Determination by the City, the State Human Rights Commission, or the
Federal Equal Employment Opportunity Commission of discrimination
having been practiced by Lessee in violation of state and/or federal laws
thereon.
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8. Transfer of the majority controlling interest of Lessee to persons other
than those who are in control at the time of the execution of this Agreement
without approval thereof by the City.
9. Failure to have submitted schematic plans and/or working drawings on
or before the date(s) designated in this Agreement for submission thereof.
K. Default For Insolvency
1. City may immediately terminate this Agreement for default in the
event of the occurrence of any of the following:
a. The City reasonably determines that the Lessee is insolvent. Lessee
shall be deemed to be insolvent if it has ceased to pay its debts in the
ordinary course of business or cannot pay its debts as they become due,
whether it has committed an act of bankruptcy or not, and whether
insolvent within the meaning of Federal Law or not.
b. The appointment of a Receiver or Trustee for Lessee.
c. The execution by Lessee of an assignment for the benefit of
creditors.
2. The rights and remedies of City provided in this Section shall not be
exclusive a~d are in addition to any other rights and remedies provided by
law or under this Agreement.
L. Waiver
1. Any waiver by City of any breach of anyone or more of the
covenants, conditions, terms and agreements herein contained shall not be
construed to be a waiver of any subsequent or other breach of the same or of
any other covenant, condition, term or agreement herein contained, nor shall
failure on the part of City to require exact, full and complete compliance
with any of the covenants, conditions, terms or agreements herein contained
be construed as in any manner changing the terms of this Agreement or
stopping City from enforcing the full provisions thereof.
2. No delay, failure, or omission of City to re-enter the premises or to
exercise any right, power, privilege or option, arising from any default, nor
any subsequent acceptance of payments then or thereafter shall impair any
such right, power, privilege or option, or be construed as a waiver of or
acquiescence in such default or as a relinquishment of any right.
3. No notice to Lessee shall be required to restore or revive "time of the
essence" after the waiver by City of any default.
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4. No option, right, power, remedy or privilege of City shall be construed
as being exhausted by the exercise thereof in one or more instances. The
rights, powers, options, privileges and remedies given City by the Agreement
shall be cumulative.
M. Right of Entry
1. Should Lessee be deemed deficient, as determined by the City, in its
performance of its obligations required hereunder, City in addition to all
other available remedies may, but shall not be so obliged, enter upon the
premises and correct Lessee's deficiencies using City forces, and equipment
and materials on the premises suitable for such purposes, or by employing a
separate private contractor. City's reasonable costs so incurred, including
direct and indirect overhead costs as determined by City, shall be
reimbursed to City by Lessee and/or its sureties within thirty (30) day of
demand thereof.
2. In the event of an abandonment, vacation or discontinuance of
operations for a period in excess of twenty-four (24) hours (except as allowed
under Section 4 of this Agreement), Lessee hereby irrevocably appoints City
as an agent for continuing operation of the services granted herein, and in
connection therewith authorizes the officers and employees thereof to (1)
tal{e possession of the premises, including all improvements, equipment and
inventory t~ereon; and (2) remove any and all persons or property on said
premises and place any such property in storage for the account of and at the
expense of Lessee; and (3) sublease or license the premises; and (4) after
payment of all expense of such subleasing or licensing apply all payments
realized therefrom to the satisfaction and/or mitigation of all damages arising
from Lessee's breach of this Agreement. Entry by the officers and employees
of City upon the premises for the purpose of exercising the authority
conferred hereon as agent of Lessee shall be without prejudice to the exercise
of any other rights provided herein or by law to remedy a breach of this
Agreement.
Nil Surrender
1. Upon expiration of the term hereof, or cancellation thereof as herein
provided, Lessee shall peaceably vacate the premises and any and all
improvements located thereon and deliver up the same to City in a
reasonably good condition, ordinary wear and tear excepted.
2. Upon expiration of the term of this Agreement, Lessee shall execute
and deliver to City within thirty (30) days after service of written demand, a
good and sufficient quitclaim deed of the Lessee's interest in this Agreement
and the leased premises. Should Lessee fail or refuse to deliver to City a
ASSIGNMENT OF LEASE & AMENDED LEAS.E AGREE.M.ENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF M"ERIDIAN'S MUNICIPAL GOLF COURSE - 23
quitclaim deed as aforesaid, a written notice by City reciting the failure of
the Lessee to execute and deliver the quitclaim deed, shall after ten (10) day
from the date of recordation of the notice be conclusive evidence against
Lessee and all persons claiming under Lessee of the termination of this
Agreement.
o. Interpretation
1. This Agreement shall be interpreted according to the rules which
govern the interpretation of contracts, as prescribed in Idaho Code.
2. The headings herein contained are for convenience and reference only
and are not intended to define or limit the scope of any provision thereof.
P. Force MajeurelTime Extensions
Except as othenvise specifically provided hereinbefore, and in the event
either party hereto shall be delayed or prevented from performance of any
act required hereunder by reason of Acts of God, litigation to which Lessee is
not a plaintiff, or other cause without fault and beyond control of the party
obligated, performance of such act shall be excused for the period of time of
the delay as determined by the City. An extension of time for any such cause
shall only be for a period of time equivalent to the enforced delay. Lessee's
inability to _obtain financing shall not be grounds for an extension of time.
City shall prepare and execute, and Lessee shall execute the appropriate
document acknowledging any extension of time granted pursuant to this
section.
Q. Lessee's Non-Compliance and Liquidated Damages
1. If the City reasonably determines that there are deficiencies in
Lessee's performance of the golf course operations authorized and required
herein, the City will provide, as specified in the Section of this Agreement
entitled Events of Default hereinbefore, a written notice to the Lessee to
correct said deficiencies lvithin ten (10) days, except for the repair of leaking
valves which must be corrected within twenty-four (24) hours following
notification.
2. In the event that Lessee fails to correct the deficiencies within the such
ten (10) day period the City may, at its option; (1) exercise its rights under
the Section of this Agreement entitled Right of entry hereinbefore, and/or (2)
assess liquidated damages pursuant to the schedule hereinafter listed, except
that if any such corrections cannot with diligence be performed by Lessee
within such ten (10) day period, if Lessee shall commence to perform the
same within such ten (10) day period and thereafter shall prosecute the
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performance of same with diligence and continuity, then the time within
which such failure to perform may be cured shall be extended for such
period as may be necessary to complete the curing of the same.
a. The parties agree that it will be impracticable or extremely difficult to
fix the extent of actual damages resulting from the failure of the Lessee to
comply with the obligations for golf course operations herein required,
authorized, and specified in Sections pertaining to (Golf Services);
(Food and Beverage Services); (Golf Starter Services); (Building and
Equipment Maintenance Services); (Accounting Records); and (Operation
Responsibilities). The parties hereby agree that under the current
circumstances a reasonable estimate of such damage is $250.00 per day for
each day of the period of time following such cure periods listed above, and
that Lessee shall be liable to City for liquidated damages in said amount.
b. The parties further agree that it will be impracticable or extremely
difficult to fix extent of actual damages resulting from the failure of the
Lessee to comply with the obligations for golf course grounds maintenance
required and herein as specified in the Section titled (Grounds
Maintenance Services). The parties hereby agree that under the current
circumstances a reasonable estimate of such damages is $500.00 per day for
each day of the period of time following such cure periods listed above, and
that Lessee shall be liable to City for liquidated damages in said amount.
R. Golf Cours~ Evaluation Report
1. City and Lessee agree that the overall condition and playability of the
golf course and the condition of the buildings thereon is of the primary
importance to both parties. As this Agreement specifies the standards of
performance deemed necessary for proper maintenance, the Lessee will
develop a Golf Course Evaluation Report to document Lessee's performance
pursuant to said standards.
The Lessee's Golf Course Evaluation Report will be completed with an
authorized representative(s) of the City subsequent to a golf course
inspection by said representatives(s). Lessee shall make available to City's
representative(s) a power driven golf car upon request for the purpose of
inspecting the leased premises. The City shall make every reasonable effort
to conduct such inspections with the Lessee on a regular basis and within
semi-annual intervals, and the Lessee or Lessee's authorized representative
will participate in the inspection tour of the premises.
2. The City reserves the right to modify, update, and/or amend the
general content and format of the Evaluation Report forms in order to
provide for a suitable instrument for the documentation of Lessee's
performance.
ASSIGNMENT OF LEASE & AMEN.DED LEASE AGREEMENT FOR T.HE PROVISION OF GO.LF COURSE
O.PERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - 25
s. Notices
Any notice required to be given under terms of this Agreement or any law
applicable thereto may be (1) delivered by personal service; or (2) placed in a
sealed envelope, with postage paid, addressed to the person on whom it is to
be served, return receipt requested, and deposited in a post office, mailbox,
sub-post office, substation or mail chute, or other like facility regularly
maintained by the United States Postal Service. The address to be used for
any notice served by mail upon Lessee shall be care ofT. Erik Oaas, 519 W.
Front Street, Boise, Idaho 83702 or such other place as may hereafter be
designated in writing to the City by Lessee. Any notice served by mail upon
City shall be addressed to the City Clerk at City Hall, 33 E Idaho Meridian,
Idaho 83642 or such other place as may hereafter be designated in writing to
Lessee by the City. Service by mail shall be deemed complete upon delivery
by personal service or three (3) days following deposit with the United States
Postal Service in the above mentioned manner.
T . Severability
If any provision of this Agreement is determined to be illegal, invalid, or
unenforceable by a court of competent jurisdiction, the remaining provisions
hereof shall not be affected thereby and shall remain in full force and effect.
u. Contract Epforcement and Amendments To This Agreement
1. The Mayor and the Mayor's designee shall be responsible for the
enforcement of this Agreement on behalf of City and shall be assisted therein
by those officers and employees of City having duties in connection with the
administration thereof.
2. Any officers and/or authorized employees of City may enter upon the
leased premises at any and all reasonable times and conditions hereof, or for
any other purpose incidental to the rights of City within the leased premises.
3. In the event either party commences legal proceedings for the
enforcement of this Agreement, the prevailing party shall be entitled to
recover its attorney's fees and costs incurred in the action brought thereon.
In the case of the City that shall include staff attorneys and/or any attorneys
contracted for the purpose herein provided.
4. This document may be modified only by further written agreement
between the parties. Any such modification shall not be effective unless and
until executed by Lessee and in the case of the City, unless othenvise
specifically authorized hereinbefore, until executed by the City Council.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEM.ENT FOR THE PROVISION OF GOLF COURS.E
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - 26
V. Captions
Captions are for convenient reference only, and do not limit or amplify the
language of the paragraph(s) following.
W. Entire Agreement
This document, and the exhibits attached hereto, constitutes the entire
agreement between the City and Lessee for the Golf Course operations and
use granted herein. All other agreements, promises and representations with
respect thereto, other than contained herein, are expressly revoked, as it has
been the intention of the parties to provide for a complete integration within
the provisions of this document, and the exhibits attached hereto, the terms,
conditions, promises, and covenants relating to the golf course operation, and
the leased premises to be used in the conduct thereof.
IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its
proper officers hereto duly authorized this day of , 2005,
and the Lessee has hereunto set its hands.
CITY OF MERIDIAN
By:
Tammy de Weerd, Mayor
ATTEST:
Will Berg, City Clerk
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF CQURS.E-27
i .
\.. .
LAKEVIEW MERIDIAN INVESTORS, LLC
an Idaho limited liability company
OAAS LANEY, LLC,
an Idaho limited liability company
By: WhiteRock Investments, LLC,
an Idaho limited liability company,
its Member
By:
T. Erik Oaas, Manager
By: Laneyland, L.P., an Idaho limited
partnership, its Member
By:
Steven H. Laney, General Partner
Richard R. Davis, Member
BOISE RANCH GOLF COURSE, INC.,
an Idaho corporation
By:
Richard R. Davis, President
ASSIGNM.ENT OF .LEASE & AMENDED LEAS.E AGRE.EMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S M.UNICIPAL GOLF COURSE - 28
EXHIBIT A
(..
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LEASE
1 ~ Corporate Documents
a. Certificate of Incorooration
b.. Articles of Incorporation
c~ Bvlaws ofCherrv Lane Recreation~ Inc..
d ~ Memorandum of Understand ine:, Decem her 23;0 1977, between N 1I Paci fie
Cillnpanvas "Developer" and The City of Meridian as "Citv.~'
e. AQreement of Lease.. October 3.. ~ ~78, City of Meridian "Lessor" and
."
Cherry Lane Recreation.. Inc. "Lessee."
f. Agreement.. October 3, 1978, City of Meridian as "Citv" and NuPacific
Comoanyas "Grantor.."
f!~ Lease~ March 1. ~ 1983, James W. Fuller and. Lois Jean Fuller "Lessors'~ an.d
Wallace D. Lovan and ViNita Lovan "Lessees." r one Daile only]
h. Memorandunl of Lease Af!reement, August 13.. 1999, City of Meridian
"Lessor" and. Cherry Lane Recreatiol1.. Inc. "Lessee. "
L Certificate of Clerk and. Resolution 251 ~ Septenlber 7.. 1999 and Lessor's
Statement Concerning A2Teenlent of Lease dated October 30[sicl, 1978.
L Septenlber 14.. 1999.. Cover letter re: Cherry Lane Recreation, Inc~.. Notice
of its exercise of the oQtion to renew telTI1
~
k. Certificate of Clerk of The City of Meridia11, Septelllber 21 ~~ re:
Consent to Lessee Assi2:nment with rigl1t or reassignnlentl1v Deed of
Trust and Resolution 254, Septen1ber 21, 1999~ re: Consent to Lessee
Assignnlent with right or reassignn1ent by Deed ofTrllst.
1. A2:reenlent~ February 1, 2000, City of Meridian as "CitLldaho
Independent Ballk as "Bank" and Cherry Lane Recreation~ Inc. as "Cherry
Lane." Certificate of Clerk of The City of Meridian, February~, 2000.
(The documents ~isted on this page are available for inspection
at the Office of the Meridian City Clerk and shall be included
in their entirety with the official Original Documents.
comprising the Amended Lease Agreement to be executed on
May 17, 200S)
EXHIBIT B
ASSUMPTION AGREEMENT
Loan No. 5111289
THIS AGREEMENT is made and entered into this 20th day of April, 2005,
among Cherry Lane Recreation, Inc., an Idaho corporation, 4200 W. Talamore,
Meridian, Idaho 83642 ("Borrower"), Ve Nita Lovan, 3415 Cherry Lane, Meridian,
Idaho 83642 ("Existing Guarantor"), Boise Ranch Golf Course, Inc., an Idaho
corporation, 4200 W. Talamore, Meridian, Idaho 83642 ("Purchaser"), Richard R.
Davis, 7048 S. Shadow Moss, Boise, Idaho 83709 ("New Guarantor") and Idaho
Independent Bank, 113 E. Idaho Avenue, Meridian, Idaho 83642 ("Lender").
WHEREAS, Borrower is the Lessee of certain real property located in Meridian,
Idaho, commonly known as Cherry Lane Golf Course, pursuant to that certain Agreement
of Lease (the "Lease") executed October 3, 1978, between Borrower and the City of
Meridian (the "City") as Lessor, which Lease has been renewed for an additional thirty
(30) year term commencing on October 3, 2003, and terminating on October 2, 2033; and
WHEREAS, in consideration of, and to evidence and secure, a loan. from Lender
in the original principal amount of Five Hundred Thousand Dollars and no/IOD
($500,000.00) (the "Loan"), Borrower and Existing Guarantor, as applicable, executed
and delivered to Lender the instruments and agreements listed on Exhibit A, attached
hereto as Exhibits A-I through A-9 and incorporated herein by this reference (the "Loan
Documents"); and
WHEREAS, Borrower has sold and assigned, or is about to sell and assign, to
Purchaser all of Borrower's right, title and interest in and to the Lease and the real
property subject thereto (tIle "Real Property"), and certain personal property of Borrower
located at, arising from or used or associated with the Real Property (the "Personal
Property") (the Real Property and the Personal Property may occasionally be referred to
together as the "Property"); and
WHEREAS, Borrower has granted to Lender a lien and security interest in the
Borrower's rights under the Lease of the Real Property, and in the Personal Property,
pursuant to the Deed of Trust and Security Agreement described on Exhibit A (the
"Security Documents"); and
WHEREAS, any transfer of the Real Property or Personal Property subject to the
Deed of Trust and Security Agreement constitutes a breach of the Deed of Trust and
Security Agreement, unless Lender first consents to such transfer in writing; and
WHEREAS, Borrower and Purchaser have requested that Lender consent to the
sale and transfer of the Real Property and Personal Property; allow Purchaser to assume
c::u.:..
the liabilities of Borrower under the Loan Documents; and release Borrower and Existing
Guarantor from further liability under the Loan Documents; and
WHEREAS, Lender has agreed to such requests on the following terms and
conditions;
NOW, THEREFORE, in consideration of the mutual covenants herein the parties
hereby agree as follows:
1. Purchaser hereby assumes liability for the payment of the
indebtedness evidenced by the Promissory Note and secured by the Security Documents,
the unpaid balance of which as of April 20, 2005, is agreed to be Three Hundred Ninety-
Three Thousand Five Hundred Thirty-Three and 23/100ths Dollars ($393,533.23),
consisting of $392,422.55 principal and $1,110.68 accrued and unpaid interest, and
Purchaser further agrees to be bound by all of the terms and conditions of, and to perform
all of the Purchaser's obligations under, the Loan Documents executed by Borrower as
though Purchaser had originally executed the same.
2. New Guarantor hereby guarantees payment and performance of all
Purchaser's obligations and liabilities under this Agreement and under the Loan
Documents, and in furtherance of such guarantee, New Guarantor shall execute and
deliver to Lender a Commercial Guaranty in the form attached hereto as Exhibit B.
3~ Purchaser acknowledges and agrees that the interest rate applicable
to the Promissory Note is a variable rate as described in th.e Promissory Note, .presently
seven percent (7.0%) per annum at the time of execution of this Agreement, and the
monthly payment is Four Thousand Four Hundred and OO/IOOths Dollars ($4,400~OO) per
month, with the next such payment due May 5, 2005~
4~ In consideration of the assumption by Purchaser, and New
Guarantor's agreement to execute and deliver the New Guaranty, as above set forth,
Lender hereby consents to the transfer of the Borrower's right, title and interest in tIle
Real Property and Personal Property to Purchaser, and releases and discharges Borrower
and Existing Guarantor from all further liability under the Loan Documents. This release
shall become effective only upon the actual conveyance of the Real Property and
Personal Property by Borrower to Purchaser and shall not be operable if such release and
discharge in any malUler invalidates the mortgage insurance or guarantee of any federal
agency or the mortgage insurance of any private mortgage insurer~ Further, this
Agreement in its entirety is conditioned upon Purchaser's obtaining and providing to
Lender the written consent of City to the conveyance of the Property, and to this
Agreement, in form and substance acceptable to Lender in its sole discretion.
5 ~ Purchaser is paying a part of the purchase price of the Property to
Borrower by means of a promissory note payable to Borrower in the amount of
$ "213.1 050-03("Carryback Note")~ The Carryback Note shall be secured by liens
and security interests in favor of Borrower in some or all of the Property.
Notwithstanding the prohibition of liens and encumbrances of the Real Property and
Personal Property set forth in the Security Documents, Lender hereby consents to
(:
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~~.
Purchaser's granting liens and security interests in the Property to Borrower to secure
Purchaser's payment of the Carryback Note, subject to the following conditions:
A. The liens and security interests in favor of Borrower shall, and
are hereby declared to be, subordinate in priority to the liens and security
interests in the Property in favor of Lender in all respects;
B. Any failure to make a payment as required under the
Carryback Note and any other failure of payment or performance or other
default under the Carryback Note and all deeds of trust, assignments,
security agreements and other documents and agreements evidencing or
securing the loan represented by the Carryback Note (each, a "Purchaser
Default"), shall constitute a default under the Loan Documents, entitling
Lender to exercise all of its rights and remedies provided under the Loan
Documents;
c. Upon the occurrence of any Purchaser Default, Borrower shall
notify Lender of the same in writing within five (5) business days of
Borrower's becoming aware of such Purchaser Default; and
DII Upon notice by Lender to Borrower of any default by
Purchaser under this Agreement or the Loan Documents (whether such
default arises from a Purchaser Default or otherwise), Borrower shall not be
entitled to receive any payments of any kind from Purchaser, and shall hold
any such payments received in trust for Lender, and shall pay such amounts
over to Lender within five (5) business days of Borrower's receipt thereof.
6. Anything herein to the contrary notwithstanding, this Agreement
shall not affect or impair any warranty of title heretofore made by Borrower, which
warranty of title shall remain in force and inure to the benefit of Lender and any insurer
of title or the lien of the Deed of Trust.
7 . Purchaser hereby acknowledges that the Deed of Trust contains a
due on sale provision in Section 4 thereof, and a prohibition of assumptions in Section
17(g) thereof. Purchaser further acknowledges and agrees that Lender is under no
obligation to consent to any future sale, conveyance, transfer, assignment, encumbrance,
turnover or any other disposition of the Real Property or Personal Property, nor any
obligation to consent to any further assumption of the Loan.
8. In consideration for Lender's agreement to allow Purchaserls
assumption of Borrowerrg duties, obligations and liabilities as described in this
Agreement, Purchaser shall pay to Lender, upon execution of this Agreement, the sum of
Four Thousand Nine Hundred Five and OO/lOOths Dollars ($4,905.00). In addition,
Purchaser shall pay all of Lender's out-of-pocket costs associated with this Agreement,
including Lender's legal fees in the amount of One Thousand Five Hundred Seventy-five
and no/lOOths Dollars ($1,575..00), premiums for any endorsements to Lender's policy of
title insurance covering the deed of trust, and filing and recording fees.
(" "
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(u:
9. Purchaser and New Guarantor represent and warrant that they have
reviewed all of the Loan Documents, are familiar with their terms, and have had the
opportunity to consult with legal counsel regarding the Loan Documents and this
Agreement. Purchaser and New Guarantor acknowledge (a) that the Real Property and
the Personal Property are subject to the liens and security interests in favor of Lender, (b)
that Purchaser takes such Property subj ect to such liens and security interests, and (c) that
no further draws are available under the Promissory Note. In addition to the security
interests granted to Lender in the Deed of Trust and Security Agreement, Purchaser
hereby grants to Lender a security interest in all fixtures and personal property described
in the Deed of Trust and Security Agreement, such descriptions being incorporated herein
by this reference. Purchaser hereby authorizes Lender to file such UCC-I financing
statements as Lender may desire, naming Purchaser as "Debtor" and Lender as "Secured
Party", including any such financing statements identifying the collateral as "all assets"
or "all personal property" or words of similar import
10. This Agreement represents the entire agreement among the parties
regarding its subject matter. Purchaser and New Guarantor acknowledge and agree that
they have not been induced to enter into this Agreement by any statement, representation
or agreement not expressed herein.
11. In the event of any dispute arising under this Agreement, the
prevailing party shall be entitled to its attorney's fees and costs incurred in connection
with such dispute.
The parties have signed this Agreement the day and year first above written.
BORROWER:
CHERRY LANE RECREATION, INC.
By:
Its:
EXISTING GUARANTOR:
Ve Nita Lovan
PURCHASER:
BOISE RANCH GOLF COURSE, INC.
By:
Its:
NEW GUARANTOR:
Richard R. Davis
LENDER:
IDAHO INDEPENDENT BANK
By:
Its:
/~
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EXHIBIT C
LEGAL DESCRIPTION
PARCEL I
A PARCEL OF LAND BEING A PORTION OF THE WESTaHALFt SECTION 3, TOWNSHIP 3
NORTHJ RANGE 1 WEST. BorSE MERIDIANJ MERIDIAN, ADA COUNTY, IDAHO AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNInG AT A BRASS CAP MARKING" THE SOUTHEAST CORNER OF THE NORTIiEAST
QUARTER OF SECTION 31 TovmSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIOIAN,
MERIOIANt ADA COUNTY, rOAHO; THENCE
ALONG THE SOUlliERLY BOUNDARY OF SAID NORTHEAST QUART.ER OF SECTION 3t NORTH
88 OEGREES 55J29. WEST 2643.29 FEET TO A BRASS CAP MARKING THE SOUTHWEST
CORNER OF THE NORTHEAST QUARTERI THENCE
LEAVr~G SAIO SOUTHERLY BOUUOARY NORTH 75 DEGREES 30'00. WEST 190.00 FEET TO
A 2- IRON PIPE; THEKCE
NORTII 40 DEGReeS 00'0.0. WEST 40~OQ FEET TO AN. IRON PIN; THENCE
SOUTH 75 DEGREES 59'31. WEST 70.00 FEET TO AN IRON PIN; THENCE
SOUTH 25 DEGREES 00'00. weST 64..19 FEET TO AN IRON PIN, THENCE
NOATH 89 OEGREES 25'06- WEST 254.51 FEET TO A POINT, SA~O POINT ALSO BEING
THE REAL PO~NT OF BEGINNING; THENCE CONTINUING
HORTH 89 DEGREES 25'06- EST 100.01 FEET TO A POfNT; THENCE
SOUTH 00 DEGREES 30'".. WEST 407..92 FE~T TO A POINT; THENCE
SOUTH 68 DEGREES 54.11- EAST 276.46 FEET TO A POINT ~MRKING A POINT OF
CURVE; THENCE
ALONG A CURVE TO THE RlGHT 59~46 FEET, SAID CURVE ~VING A CENTRAL ANGLE OF
34 DEGREES 04~'O., A RADIUS OF 100.00 FEET, TANGENTS OF 30_64 FEET ANO A
LONG CHORD OF 58.59 .FEET BEARING SOUTH 51 DEGREES 52' OS- EAST TO A POINT
M~ARKING A POINT OF TANGENTS: 111ENCE
SOlffH 34 DEGREES 50'01" EAST 292.99" FEET TO A POINTj THENCE
SOUTH 89 DEGREES 48'4'. EAST 147.34 FEET TO A POINTi THENCE
NORTH 35 DeGREES 00'00- WEST 109.03 FEET TO A POINT; THENCE
NORTH 51 OEGBEES 45too~ WEST 580.00 fEeT TO A POIN1-; THENCE
NORTH 00 DEGREE 29t44~ EAST 335~18 FEET TO THE POINT OP acGINNrNG~
PARCEL II
A PARCEL OF LA~iD LYING IN PORTIONS OF mE SOUTH HALF OF THE NORTH HALF AND
"THE NORTH HALf Of THE SOUTH HALF OF SECTION 3 ~ TOWNSHIP 3 NQRTH} flANGe; 1
\VEST t BolSE MER 10 IAN, MERlO rAN, ADA COUNTY, IDAHO AND MORE P AATICULARL Y
OESCRIBED AS FOLLOWS:
BEGINNING AT A POINT MARKING THE NORTHY/EST CORNER OF THE SAID NORTH HALF OF
THE SOUTH HALF OF SECTION 3; THENCE
SOUTH 89 DEGREES 25t06" EAST 2r077.73 FEET ALONG THE NORTHERLY BOUNDARY Or
tHe SAID NORTH HALF OF UtE SOUTH HALF OF SECTION 3 TO A PO INT 1 Al.SO SA.IO
POINT BEING THE REAL POINl OF BEGINNING; THENCE
SOUTH 0 DeGREE 29t44M WEST 335~18 FEET TO A POINT; THENCE
SOUTH 51 DEGREES 4S.00d EAST 580.00 FEET TO A POINT; THENCE
SOUTH 35 OEGREES 00100" EAST 285..33 FEET TO A POINT; THENCE
SOUTH 22 OEGREES 15'OO~ WEST 60~05 FEET TO A POINTj THENCE
SOUTH 43 DEGREES 58110" EAST 238~1S FEET TO A potNT~ ~ENCE
SOU~ 29 DEGREES 00' 00. EAST 110. 00 FEET TO A P.OINT; THENCE
NORTH 61 DEGREES OOJOO. EAST 81.19 FEET TO A POINT OF CURVE; THENCe
LEGAL CONTINUED
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=.:.. . .
PARCEL II (CONT.)
NORTHEASTERLY ALONG A CURVE TO THE LEFT 147.14 FEET} SAID CURVE HAVING A
CENTRAL ANGLE OF 48 DEGREeS 10128~J A RADIUS OF 175.00 FEET, TANGENTS OF
78.23 FEET AND A LONG CHORD OF 142.84 FEET BEARING NORTH 36 DEGREES 54.46~
EAST TO A POINT OF ENDING OF CURVE: THENCE
NORTH 56 DEGREES 30too~ WEST 151,38 FEET TO A POINT; THENCE
nORTH 41 DEGREES 30'OOY WEST 203.92 FEET TO A POINT; THENCE
NORTH 17 DEGREES 15)OO~ WEST 94.14 FEET TO A POINT; THENCE
~ORTH 22 OEGREES 15JOO~ EAST 147.00 FEET TO A POINT; THENCE
NOATH 65 DEGREES 50tOQM. EAST 45.00 FEET TO A POINT; THENCE
SOUTH 81 DEGREES 20JOO~ EAST 78~40 PEEr TO A POINT; THENCE
SOUTH 68 DEGREES OO'OO~ EAST 61_48 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 33'25~ EAST 88.05 FEET TO A POINT; THENCE
SOUTH 60 DEGREES OO'OO~ EAST 108.33 FEET TO A POINT Of BEGINN'rriG OF CURV.Ej
THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT 139.32 FEET, SArD CURVE HAVING A
CENTRAL ANGLE OF 25 DEGREES 35~19~, A RADIUS OF 311 ~95 FEET, TANGENTS OF
70~a4 FEET AND ALONG CHORD OF 138416 FEET SEARING NOATH 56 DEGREES 12~20~
EAST TO A POINT OF TANGENT; THENCE
NORTH 69 DEGREES 00'00" EAST "15.08 FEET TO A POINT OF CURVEj THENCE
NORTHEASTERLY ALONG A CURve TO THE LeFT 125.75 FEETJ SAIe CURVE HAVING A
CENTRAl. ANGLE OF 24 DEGREES 25 f 22", .A RADIUS OF .295.00 FEET. TANGENTS OF
63~84 FEET ANO A LONG CHORD OF 124.80 FEET BEARING NORTH 56 DEGREES 47t'9~
EAST TO A POINT OF ENOING OF CURVE; THENCE
NORTH 44 DEGREES 00. OO~ WEST 791163 .FEET TO A POINT; THENCE
NORTH 61 DEGREES 45JOO. WEST 160~OO FEET TO A POINT; THENCE
SOUTH 65 DEGREES 50.00~ V~ST 244.67 FEET TO A POINT; THeNCE
NORTH. 50 DEGREES 30.r OO~. \VEST , 14 a 35 FEET TO A POINT} THENCE
NORTH 44 DEGREES 00'00. EAST 90.00 FE.ET TO A POINT; THENCE
NO RTH T 7 0 eGREES 00' 00 JJ V/EST l7.5 Ja 00 FEET TO A POINT; TH ENCE
NORTH 12 DEGREES 00.00. EAST 280.00 FEET TO A POINT; THENCE
NORTH 77 DEGREES 30'00~ WEST 170400 FEET TO A POINTj THENCE
SOUTH 68 DEGREES 00' 00. \tiEST 265.. 00 PEET TO A POINT MARKING THE NOR.THEAST
CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3; THENCE
NORTH 75 DEGREES 3a~oo~ WEST 190~OO FEET TO A POINT; THENCE
NORTH 40 DEGREES OO'.OOl4 VJEST 40.00 FEET TO A POINTj THENCE
SOUTH 75 OEGREES 59'31- WEST 70~OO fEET TO A POINTj THENCE
SOUTH 25 DEGREES 00.00. WEST 64.19 FEET TO A POINT ON THE SAID NORTHERLY
BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SE.CTION 3; THENCE
NORTH 89 DEGREES 25' OS>I tllEST 254 t 51 FEET ALONG THE SAID NORTHERLY BOUNDARY
OF THE NORTH r'ALF OF THE SOUTH HALF OF SECTION 3 TO THE POINT OF BEGINNING..
EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS:
CHERRY LANE VILLAGE NO~ 1 SUBDIVISrON, ACCORDING TO THE PLAT THEREOF)
.FILED IN BOOK 44 OF PLATS AT PAGES 3531 AND 3538, RECORDS OF ADA COUNTY~
IDAHO;
G~ERRY LANE VILLAGE NO~ 2 SUaOIVISIONJ ACCORDING TO THE PLAT THEREOF,
FILED .IN BOOK 46 OF PLATS AT PACES 3791 AND 3792J REGORDS OF ADA COUNT'( t
IOAHO;
THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF
PLATS AT PAGES 4569 AND 4570, RECORDS Qf AOA COUNTY, IOAHO;
THE LAKE AT CHERRY lNJE NO. 21 ACCORDING TO THE PLAT THEREOF FILED IN BOOK
54 OF PLATS AT PAGES 4882 AND 4883~ RECORDS OF ADA COUNTYJ IDAHO;
_EGAL CONTINUED
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( .
PARCSL II (CONT.)
THE LAKE AT CHERRY LANE NO~ 4 SUBDIVISION. ACCORDING TO THE PLAT THEREOF~
FILED IN BOOK 74 OF PLATS AT PAGES 7674 AND 7675) AECORDS OF ADA COUNTY,
tOAHO.
PARCEL III.A
A PORTION OF THE WEST HALF OF SECTION 31 TOWNSHIP 3 NORTH. RANGE 1 WEST I
BOISE MERIDIAN. MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRISED AS
FOL LO\~S :
COMMENCING AT THE CORNER COMMON TO SECTrONS 4, 9, 10 AND THE SAro SECTION
3j THENCE
NORTH.O DEGREE 38'11. EAsr 2651.19 FEET TO THE QUARTER GORNER COMMON TO
SAID SECTIONS 3 NJD 4 AS S~ME WAY REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7852"146, RECORDS OF ADA COUN1l', IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS
NORTH ~O DEGREE 38127. EAST 2697.49 FEET. THENCE
NORTH 0 OEGREE 38'27. EAST 22.64 FEET TO A 5(84 IRON PIN; TIiENGE
SOUTH 88 DEGREES 55'31- EAST 379~53 FEET TO THE REAL fOINT OF BEGINNING;
THENCE CONTINU1NG
SOUTH 68 DEGREES 55'31- EAST 182.65 fEET TO A POINT; THENCE
SOUTH 8 DEGREeS 19t10- EAST 440.66 FEET TO A POINT; THENCE
SOUTH 16 DEGREES 18'25~ WEST 21a~04 FEET TO ^ POINT; THENCE
NORTH 89 OEGREES 13'51. EAST S40~22 FEET TO ^ POINT; 'THENCE
NORTH 71 DEGREES 43' 34.. EAST 442.. 46 FEET TO A POINT; THENCE
NORTH 10 DEGREES 33'50. EAST 487~84 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 55'31- EAST 124.B4 FEET TO A POINTj THENCE
SOUTH 50 OEGREES 38'25- EAST 89.99 FEET TO A POINT; THENCE 165~33 FEET
ALONG THE ARC OF A CURve TO THE RIGHT, HAVING A RADIUS OF 250.25 FEET, A
CENTRAL ANGLE OF 37 DEGREES 51 '08- J AND A LONG CHORD BEARING SOUTH 31
DEGREES 42.52- EAST 162~34 FEET TO A POINT; THENCE
NORTH 8S DEGREES 29'44- WEST 1201'24 FEET"TO A POrflTj THENCE
SOUTH 4 DEGREe Z7'17~ EAST 80.30 fEET TO A POINTj THENCE
SOUTH 0 OCGREJ,: 30) 16~ V/EST 230 ~ 52 FEET TO A POINT; THENCE
SOUTH 10 DEGREES 31'20. WEST 123~5' FEET TO A POINT; tHENCE
SOUTH 30 DEGREES 14'07~ WEST 119.57 FeET TO A POINT; THENCE
SOUTH 50 DEGREES 50.29- WEST 134.39 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 28'46- WEST 120.64 FEET TO A POINT; THENCE
SOUTH 82 DEGREES 45'52~ WEST 225.84 FEET TO A POINT; THENCE
SOUTH as DEGREES 02. 57- WEST 61 ~30 FEET TO ^ POINT; THENCE
NORTH as DEGREES 10'41. WEST 825.06 FEET TO A POINTj THENCE
NORTH i7 DEGREES 29'20. weST 148.07 FEET TO A POINT; THENCE
NORTH 89 DEGREES 10l41~ WEST 160.40 FEET TO A POINT LYING 65,00 FEET EAST
OF nfe WEST BOUNOARY OF SAID SECTION 3; THENCE ALONG A. LINE 65.00 fEET
EAST OF ANO PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3
NORTH 0 DEGREES 38' l' tl EAST 247 .64 FEET TO A POINTj THENCE
SOUTH 89 OEGAeeS 21t49~ EAST 156.03 FEET TO A POINT; THENCE
NORTH 45 DEGREES 03l16~ EAST 163~61 FEET TO A POINT; THENce
NORTH 5 DEGREES 39'31- EAST 502.42 FEET TO THE POINT OF BEGINNING.
LEGAL CONTINUED
<:: "0
PARCEl. III-B
A PORTION OF THe WEST HALF OF SECTION 3 t TOWNSHIP 3 NORTH 1 RANGE 1 WEST.
BOISE MEAIOIAN. MERIOIANt ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLO\VS :
COMMENCING AT THE CORNER CO~JON TO SECTIONS 4. 9. 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38.1'~ EAST 2651 ~19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (GP & F
INSTHUMENT NO. 7852146, RECORDS OF ADA COUNTY 1 IDAHO); FORM VmICH THE
NORTHWEST CORNEA OF SAID SECTION 3 BEARS
NORTH 0 DEGREE 38.21- EAST 2697.49 FEET; THENCE
NORTH 0 DEGREE 38'27- EAST 22_64 FEET TO A 5J8~ IRON PIN; THENCE
SOUTH as OEGREES 56 ' 31 ~ EASor 1977, 72 FEET TO A 51 a .. IRON P IN AND ll-fe REAL
POINT OF BEGINNING; THENCE
SOUTH 0 DEGREE 30'15- WEST 413.59 FEET TO A POINT; THENCE
NORTH 68 DEGREES 54'11u weST 26.a71 FEET TO A POINT; THENCE
NORTH 68 DEGREES 54.11- weST 26..71 FEET TO A POINTj THENCE
NORTH 0 DEGREE 30tlS- EAST 217.93 FEET TO A POINT; THENCE 211988 FEET
ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RAOIUS OF 249~75 FEET, A
calTRAL ANGLE OF ~8 OEGREeS 36'25- AND A lONG CHORD BEARING NORTH 23
DEGREES 47'57~ WEST 205.58 FEET TO A POINT; THENCE
SOUTH 68 DEGREES 551314 EAST 109~62 FEET TO THE POINT OF BEGINNING~
PARCEL IV.A
A PORTION OF SOUTHV~ST QUARTER OF THE NORTffiVEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MSRIO[ANJ ADA COUNTY,
IDAHO. MORE PARTICULARLY DESCRIBED AS FOLLOWS~
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9) 10 AND THE SAtD SECTION
3; THENce:
NORTH 0 DEGREE 38 I 111. EAST r 0 2651 . 19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT
NO .. 7852146 , - RECORDS OF ADA COUNTY t IDAHO J; FROM WHI CH THE NORTHV1EST
CORNEA OF SAID SECTION 3 BEARS NOATH 0 OeGREE 38t27- EAST, 2697.49 FEET;
THENCE
NORTH 0 DEGREE 38J27. EAST 22.64 FEET TO A 5/8- IRON PIN; THENCE
SOUTH 88 DEGREES 55'31- EAST, 379.53 FEET TO THE REAL POINT OF BEGINNING;
THENCE
NORTH 5 DEGREE 39 t 31.. EAST 1 290.2 B FEET TO A POINT; THENC E
46~45 FEET ALONG THE ARC OF A NON. TANGENT CURVE TO THE RIGHT, HAV!NG A
RADIUS OF 250,00 FEET, A CENTRAL ANGle OF 10 DEGREES J8l46~t AND A LONG
CHORD BEARING SOUTH 49 DEGREES 22~43" EASTJ 46~39 FEET TO A POINT; THENce
so UTH 44 DEGREES 03 t 20 ~ EA.ST,I 13 6 ~ 41 FEET TO ^ POINT; THENCE
SOUTH 8 DEGREES 18'10. EAST, 165980 FEET TO ^ POINT; THENCE
NORTH 88 DEGREES 55'31. WEST I la2~65 FEET TO THE POINT OF BEGINNING.
PARCEL IV..a
A PORTION OF GOVERNMENT LOT 4 AND THE SOUTffiVEST QUARTER OF THE NORTHV~ST
QUARTER OF SECTION 3"J TO\YN$HIP 3 NORTH J RANGE 1 WEST. BaISE MERIDIAN ~
MERIDIAN) ADA COUNTYJ IDAHO MORE PARTICUlARLY DESCRIBED AS FOLLOWS:
l,EGAL CON TI rlUE 0
en ."
(
?ACREL !V.B (CONT.)
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3 j THENCE
MORTH 0 DEGREE 38'11. EAST, 2651.19 FEET TO THE aUARTER CORNER COMMON TO
SAIO SECTION 3 AND 4 AS SNdE WAS REESTABLISHED 8Y LS 972 (CP & F INSTRUMENT
NO. 78521461 RECORDS OF ADA COUNTY, IDAHO); FR~A WHICH THE NORTH~~ST
CORNER OF SAID SECTION 3 SEARS NORTH 0 DEGREE 38'27~ EAST, 2697149 FEETj
THENCE
NORTH 0 DEGREE 38~27~ EAST 22.64 FEET TO A 5/81 IRON PIN; THENCE
S~UTH 88 DEGREES 55'3'. EAST, a34~71 FEET TO A POINT; THENCE
NORTH 1 DEGREE 04'29" EAST~ 77.45 FEET TO THE REAL POINT OF BEGINNING;
THENCE
199~31 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 270.00
FEET, A CENTRAL ANGLE OF 42 DEGREES 17f41- AND A LONG CHORD BEARING NORTH
65 DEGREES 12~'1" WESiJ 194.81 FEET TO A POINT; THENCE
NORTH 44 DEGREES 0.3 -204 \YEST I 19B. 06 FEET TO A POIN.f; THENCE
NORTH 37 DEGREE 38 * 05. EAST J ." 125. 90 FEET TO A POINT; THENCE
NORTH 4 DEGREES 26.'20. WEST, 178'.94 FEET TO A POINT; THENCE
NORTH 49 DEGREES 13'43- ViEST, 619.18 FEET TO A POItlTj THEUGE
NORTH 8S DEGREES 21133- WEST. 39.72 FEET TO A POINT: THENCE
NORTH 0 DEGREE 38t27- EAST, 178.61 FEE.T TO A POINT~ THENCE
SOUTH BS DEGREES 21'33- EAST, 104.94 FEET TO A POInT; THENCE
NORTH 26 DEGREES 46'55- EAST. 463.73 FEET TO A POINT; THEUCE
NORTH 13 DEGREES 05f08~ EAST, 186~18 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 23'04M EAST, 221.37 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 36~5S. WESTj 30.00 FEET TO A POINT; THENCE
NORTH 89 DEGREES 23'04- WESTJ 114_43 FEET TO A POINi; THENCE
SOUTH 10 OfGREES J8~11M WEST, 162.48 FEET TO A POINT; THENCE
SOUTH 5 DEGREES 35t09~ EAST, 160.95 FEET TO A POINT; THENCE
SOUTH 48 OEGREES 58.S5~ \VESTJ 66.41 FEET TO A POINT; THENCE
SOUTH 10 OEGREES 49'04- WEST. 123.62 FEET TO A fOINTj THENCE
SOUTH ~2 OEGREES 00'00. EAST I 85~OO fEET TO A POINT; THENCE
SOUTH 53 DEGREES 26'21~ EAST. 142~60 FEET TO A POINTj THENCE
SOUTH 6 OEGREeS 51' 51. V/EST J 151. 05 FEET TO ^ POINT; THENCE
SOUTH 41 DEGREeS 14' 14. EAST I "171 .06 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 12'26. EAST! 122433 FEET TO A porNT~ THENCE
SOUTH 43 DEGREES oatos- EAST, 60.00 FEET TO A POINT; THENCE
SOUTH 0 OEGREE 36'15. weST, 671,50 FEET TO THE POINT OF BeG!NNING~
PARCEL IV.C
A PORTION OF THE NORTHWE5T QUARTeR OF seCTION J. TOWNSHIP 3 NQRTIi1 RANGE 1
vreST, BOIse MERIDIAN. MERrDIAN, ADA COUNTYJ IDAHO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COM~MENCING AT THE CORNER COMMON TO seCTIONS 4) 9, 10
AND THE SAID SECTION 3, THENCE
NORTH 0 DEGREE 35'11. EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS S~fE WAS REESTABLISHED BY LS 972 (CP ~ F
INSTRUMENT NO~ 7852146J RECOROS OF ADA COUNTYJ IDAHO); FROM VMICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38t27- EAST.
2697.49 FEET; THENCE
NORTIf 0 DEGREE .38127'-' EAST 22..64 FEET TO ^ 5/Bu .[RON PIN; THENCE
SOUTH 88 DEGREES 55'31" EAT, 1784.61 FEET TO A POINTj THENCE
NORTH 1 DEGREe 04J29. EAST, 303.15 fEET TO THE REAL POINT OF BEGINNING;
THeNce
LEGAL CONTINUED
/"/.-:'-" ""
(",..:... . .:
(:'.:.... ....
PARCEL IV-C (CONT.)
NORTH 66 DEGREES 28-40. weSTt 157.70 FEET TO A POINT, THENCE
NORTH 56 DEGREES 56. 39. WEST I 717.. 3 7 FE ET TO A PO INr; 1}fENCE
NORTH 89 DEGREES 23'44- WEST, 36.12 FEET TO A POINT; THENCE
NORTH 0 OEGREE 36.28- EAST, 5.00 FEET TO A POINT; THENCE
154~59 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 225.00 FEET, A CENTRAL ANGLE Of 39 DEGREES 22'OO"J AND A LONG
CHORD BEARING NORTH 19 DEGREES 04.t45u WEST, 151.57 FEET TO A POINTi THENCE
NORTH 38 DEGREES 45t4Sn WEST, 39~OO FEET TO A POINT; THENCE
NORTH 51 DEGREES 14'15- EAST. 110.00 FEET TO A POINT; THENCE
NORTH 26 OEGREES l1r3'~ WEST, 134.78 FEET TO A POINT; THENCE
NORTH .4 DEGREES 04.20.. \VEST, 277.45 FEET TO A POINT; THeNCE
NORTH 31 DEGREES 46'35*' WEST, 241.56 FEET TO A POINT; THENCE
NORTH 0 DEGREE 36i56tt EAST, 13.2~59 FEET TO A POINTj THENCE
NORTH 89 OEGREeS 23'04M WEST1 110.00 FEET TO A POINT; THENCE
NORTH 0 DEGREE 36156- EAST I 30.00 FEET TO ^ POINT; THENCE
SOUTM as DEGREES 23'04- EAST, 176.S4 FEET TO A POINT; THENCE
sauro 78 DEGREES 05129- EAST~ 71 ~ 73 FEET TO A POINT.; THENCE
SOUTH 63 DEGREES 13.16. EAST, 65~34 FEET TO A POINT; THENCE
SOUTH 56 DEGREES 28'32<< EAST! 79_07 FEET TO A POINT; TIfENCE
SOUTH 53 DEGREES 15)09- EAS'1 86~07 FEET TO A POINT; THENCE
SOUTH 42 DEGREES 31.1ad EAST, 70.-53 FEET TO A POINT; THENCE
SOUTH 35 OEGREES 28'22- EAST. 77~oa FEET TO A POINT; THENCE
soum 5 DEGREeS 49' 06~ EAST I 249 ~ 69 FEET TO A POINT; THEN"Ce
SOUTH a DEGREES 16'07- EASTj 125.42 FEET TO A POINT; THENCE
SOUTH 13 DEGREES 56'20. EAST, 266.06 FEET TO A POINT; THENCE
SOUTH 42 DEGREES 43)29. EAST, 283.07 FEET TO A POINT; TIiENCE
NORTH 61 DEGREES 49i13. EAST. 165437 FEET TO A POINT; THENCE
NORTH 11 DEGREES 00'42. WEST, 399.24 FEET TO A POINT; THENCE
SOUTH 89 DEGREES '8~49.. EAST, 398.40 FEET TO A POINT; THENCE
SOUTH 79 DEGREES 02 '15. EAST., 61.16 FEET TO A POINT; THENCE
SOUTH 60 DEGREES 40J15w EAST, 164.39 FEET TO A POINT; THENCE
SOUTH 85 DEGREES 10'16~ ~fASTt 136.30 FEET TO A POINT; THENCE
SOUTH 0 OEGREE 30"5~ weSTJ 235~93 FEET TO A POINT; THENCE
NORTH as DEGREES 29145u \VEST, 80.00 FEET TO A POInT; THENCE
SOUTH 78 DEGREES 33'49- ~ST, 182.71 FEET TO A POINT; THENCE
sauro 11 DEGREES 45' 15" 'VCSTj 1 8S. 77 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30l1S- WEST, 154.10 FEET TO A POINT; THENCE
28a~86 FEET ALONG THE ARC OF A NON-TANOENT CURVE TO THE LEFTt HAVING A
RADIUS OF 425~OO FEET. A CENTRAL ANGLE OF 3B DEGREES 56'31., AND A LONG
CHORD BEAR ING SOUTH 63 DEGREES 04 f ., 1 ~ VfEST. 283. 33 FEET TO TME PO I NT OF
8EGINrlING9
PARCEL [V*D
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHV/EST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH) RANGE 1 V~STl BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY oeSCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER comdON TO SECTIONS 4. 9. 10 AND THE SAID SECTION
3; THENCE
I r r"- ... . ....,.. ^ '-'. ... .. ~ . ~ ,... 11IIo,,;
(
PARCSL IV-a (CONT~)
NORTH 0 DEGREE 38t 11. EAST1 2851.19 FEET TO THE QUARTER CORNER CO~WON TO
SAID SECTIONS 3 AND 4 AS SANE WAS REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7852146J RECORDS OF ADA COUNTY. rOAHO)j FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 SEARS NORTH 0 DEGRee 3Sa27- EASTJ
2697.49 FEET; THENCE
NORTH 0 DEGREE 38'27~ EAST 22~64 FEET TO A Slaw (RON PIN; THENCE
SOUTH 88 DEGREES 55'31- EAST, 1814.53 FEET TO THE HEAL POINT OF BEGINNING;
'ffiE.NCE
NORTH 10 OEGREES 33'50. EAST, 72.37 FEET TO A POINT; THENCE
129_52 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF SOOwOO FEET, A CENTRAL ANGLE OF 12 DEGREES 22}07~, AND A LONG
CHORD BEARING SOUTH 56 DEGREES 49'29- EAST, 129.27 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 38' 25- EAST, 4.33 FEET TO .A POINT; THENCE
NORTH 66 DEGREES 55'31~ WEST, 124~84 FEET TO THE POINT OF BEGINNING4
PARCEL IV~E
A PORTION OF THE SOUTHEAST aUM"TER OF THE NORTHWEST QUARTER OF SEcrION 3,
TO~SH r P 3 NORTH, RANGE 1 W~ST J 80I$E fAERIO IAN J MERto IA'~ J ADA COUNTY I
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE CORNER C~Y~IDN TO SECTIONS 41 9, 10 AND THE SAID seCTION
3 ; THENCE
NORTH 0 DEGREE a8' 11 : EAST, 2651... "19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIOlfS 3 AND .4 AS SAME \VAS REESTABLISHED BY LS S72 [CP &. F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WfiICH THE
NORTIi\VEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38 t 27- EAST J
2697~49 FEETi THENCE
NORTH 0 OEGREe 38'27- EAST 22.64 FEET TO A S/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55'31- EAST} 1977.72 FEET TO A 5/8" IRON PIN AND THE REAL
POINT OF BEGlNNING; THENCE
NORTH 88 DEGREES 55~31u WESTJ 109.62 FEET TO A POINTj THENCE.
11.06 FEET ALONG THE ARC OF A NON. TANGENT CURVE TO THE LEFT t HAVING A
RADIUS OF 249"." 75 FEET. A CENTRAL ANGLE OF 2 OEGREES 32'"16- J AND A LONG
CHORD SEARING NORTH 49 DEGREES 22' 17" 'NEST. 11, 08 FEET TO A PO rNT ; THENCE
NORTH 50 DEGREES 38i25~ weST, 94~J2 fEET TO A POINT; THENCE
60.45 FEET ALONG THE ARC OF A CURVE TO ntE LEFT. HAVING A RADIUS OF 680 .00
FEETJ A CENTRAL ANGLE OF 5 DEGREES 05'38-. AND A lONG CHORD BEARING NORTH
S3 DEGREES '1r13~ WESTJ 60.43 FEET TO A POINT; THENCE
30.13 FEET ALONG THE ARC OF A CURve TO THE RIGHTJ HAVING A RADrus OF 20.00
FEET, A CENTRAL ANGLE OF 86 DEGREES 18'50~ I AND A LONG CHORD BEARING NORTti
12 DEGREES 34'30- WEST, 27~36 FEET TO A POINTj THENCE
NORTH 30 DEGREES 341SOK EAST, 84.13 FEET TO A POINTj THENCE
269.71 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
375~OO FEET, A CENTRAL ANGLE OF 41 OEGReES 13'04., AND A LONG CHORD BEARING
NORTH 51 DEGREES 11t21- EAST, 263.99 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30 f 15.1 WEST, 369.89 FEET TO THE POINT OF SEGINNING.
PARCel v
lOTS 1 AND 52 In BLOCK 5) AND LOT 11 IN BLOCK 9 OF CHERRY LANE VILLAGE NO~
1 5U60IVISIOUJ ACCORDING TO THE PLAT THEREOF FILED IN BOOK 44 OF PLATS AT
PAGES 3537 THRU 3538, RECORDS OF ADA COUNTY) "IDAHO..
LEGAL CONTINUED
PAFlCEl VI
LOTS 12 AND 21 IN BLOCK 9 ANO LOT 4 IN BLOCK 11 AND LOT 53 IN SLOCK 5 OF
CHERRY LANE VILLAGE NOI 2 SUBDIVISION, ACCOROING TO THE PLAT THEREOF,
FILEO IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792. RECORDS OF ADA COUNTYJ
IOAHO.
PARCEL VIr
LOT 83 IN BLOCK 5 AND LOT 14, IN BLOCK 13 CHERRY LANE VILLAGE NO. 3
SUBDIVISION ACCOROING TO THE OFFICIAL PLAT THEREOf FILED IN BOOK sa OF
PLATS AT PAGES 5473 THRU 5475, RECOROS OF ADA COUNTY, IDAHO~
PARCEL VIII
lOT 28 IN BLOCK 11 AAD LOT 39 IN BLOCK 1 3 CHERRY LANE VILLAGE NO. 4
SUBOIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 63 OF
PLATS AT PAGES 6376 AND 6377, RECORDS OF ADA COUNTY, IDAftO~
PARCEL IX
LOT 9 IN BLOCK 1 OF RECORD OF SURVEY no. 802 OF ADJUSTED LOT LINES FOR
LOTS 8, 9 ANO 10, IN BLOCK 1 OF THE LAKE AT CHERRY LANE, ACCORDING TO THE
PLAT THEREOF, FILED IN BOOK S2 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF ~
ADA COUNTY, IO~o.
P MeEt X
LOT 5 IN BLOCK' AND LOT 13 IN BLOCK 2, THE LAKE AT CHeRRY LANE NO~ 2J
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 54 OF PLATS AT PAGES 4882 AND
4883, RECORDS Of ADA COUNTVt IDAHO~
PARC&L. XI
LOT 24 IN BLOCK 2 OF THE LAKE AT CHERRY LANE N04 3 SUBDIVISION ACCORDING
TO THE OFFICIAL PLAr THEREOF FILED rN BOOK 70 OF PLATS AT PAGES 71 67 AND
7168] RECORDS OF ADA COUNTY, IDAHO.
PARCEL XII
Lor 19 IN BLOCK 1 AND LOT 46 III SLOCK 2 OF THE LAKE AT CHERRY LANE NO. 4
suaOIVISIONt ACCOAOING TO THE OFFIOIAL PLAT THEREOF, FILED IN BOOK 74 OF
PLATS AT PAGE 7674 AND 7675, RECORDS OF AOA COUNTY, IDAHO~
~NO OF LSGAL DESCRIPTION
.....-
f
~\
c... .
EXHIBIT D
CAPITAL PROJECTS
(As provided by the Lessee)
i
\...
('.....:.. .
Mayor Deweerd and Members of the Meridian City Council:
The capital expenditure budget for Lakeview Golf Club is as follows:
2005:
We have already purchased equipment consisting of the foDowing;
2 Toro six foot fairway mowers
1 Toro six foot rough mower
1 Toro eleven foot rough mower
1 Toro six foot sidewinder mower
1 Toro 48 inch pro-core aerator
2 Taro Workman 1100 utility carts
2 Toro Workman heavy duty utility vehicles
1 Toro mounted sprayer
3 Jacobson Greens King IV green and tee box mowers
1 Dakota sand and fertilizer spreader
1 Stihl chainsaw
2 Stihl string trimmers
These items will cost S318tOOO..OO
We are at this time remodeling the water inlet to the irrigation pumps at a cost of about $7500..00..
The maintenance facility approved by city council is going to cost approximately $225,000.00
plus asphalt of $15,000,,00 to 530,000.00
Clubhouse remodeling is in the neighborhood of $75,000.00. The bids on the equipment are
right at $40.000..00 and this should be about one half of the total cost..
Twenty new EZ-Go cart have been ordered at a cost of $65,000.00
We plan to buy a new pump station from a golf course in Jackson Hole in June and they have
quoted us a price of $20,000..00. We also plan to buy 28 satilites and 650 sp rinkler heads ut
cost of $36,000..00. This equipment win be a good start to refurbishing a very poorly designed
irrigation system.. We have met with several golf course irrigation consultants and plan to .~
isolate the major problem~110,18,and 17J "s faU and winter to improve the Ir".~,.,.{-,ci.o ~~~ ·
~,~'1,,~ fc6r
Right now our plans are to start on boles 10,18, and 17 this fall and winter to refurbish the
irrigation system..
2006
We plan to expand our irrigation remodels to holes 14, 15,and 16 and rebuild the number one
green and possibly number seven green.
2007
Holes II, 12,. and 13 will be improved with irrigation refurbishing as well as number seven
green if not previously done, and the rebuilding of number six green will be begun.. This year
we may look at increasing the parking lot size to include the area north and west of the club
house~ Cost for the parking lot is approximately $125,000
2008
The irrigation system on holes 1, 2t and 3 will be brought up to par and number 9 green will be
rebuilt
2009
Irrigation on boles 4, 5. aDd 6, and green number 4 win be remodeled.
2010
The irrigation system on the final three holes 7 t 8 and 9 will be addressed.
The estimated cost on irrigation construction is between $18,000 and sioo,ooo per bole and
\viII depend on the problems found as we get into the irrigation system.
green construction will cost about 550,000 per green with remodels being somewhat less..
/$ '7tJ6>,o (# 0
As you can see this is an aggressive and very expensive plan with over S7sttOO budgeted for this year
alone.. Total cost of the project could very easily exceed 52,,000,000.
r
.~
(
EXHIBIT E
CORPORATE MEMBERSHIP AGREEMENTS
CHERRY LANE RECREATION, INC.
AND
CITY OF MERIDIAN
CORPORATE MEMBERSHIP
tJJie p,wing Company
(CORPORATE MEMBER)
WHEREAS, the CITY OF MERIDIAN1 Idahb, hereafter referred to as uLESSOR", has title to
and owns the land upon which CHERRY LANE GOLF COURSE, hereafter refelTed to as uCOURSE",
is' si tualed and has entered into the Lease~ as Lessor. for the management, operation and mainten ance of
the COURSE;
WHEREAS, CHERRY LANE RECREATION, INC., hereafter referred to as "LESSEE" t has
entered into a Lease of the COURSE for the lnanagement, operation and maintenance of the COURSE;
WHEREAS, CORPORATE MEMBER, above named, which may not in fact be a corporation,
has ei ther performed labor or services for the construction or creation of the second nine gol f holes for .
the COURSE or has purchased a corporate membership prior to completion of the second nine holes I
either of which has a value of TEN THOUSAND and NOllOO DOLLARS ($10,000.00); and
WHEREAS, LESSOR and LESSEE desire to reward CORPORATE MEMBER for his, their, or
Hs labor, services or early payment.
NOWt THEREFORE, the CORPORATE MEMBER, above named, is hereby awarded and given
ONE HUNDRED passes-per year for twenty .am years, for greens fees to play golf at the CHERRY
LANE GOLF COURSE~ which passes may be used individually or jointly and may be used by the
CORPORATE MEMBER, its directors, officersj employeesJ guests, or Inay be donated or given away. A
pass 1) must be surrendered to LESSEE. or its employees, at the club house prior to tee afe 2) entitles
the user to no more rights than to be aUowed to play gal f, 3) must have been in the user's possession
prior to play., and 4) holder needs to make tee times prior to play. but if holder desires to use
ODs..'ies to conduct a f:01f tournament or conduct other special play he must make prior arrangements
with LESSEEA
LESSEE'S Lease of the COURSE tenninates on October 2., 2003t but LESSEE has an option to
renew its Lease for a period long enough to honor the passes for twenty (20) years, but if LESSEE does
not exercise its option LESSOR shall honor them or see that they are recognized and honored by a new
lessee~
Dated this
a 1:1
day of
m~
, 199 L.
CHERRY LJ\NE RECREATION, INC..
AND
CITY OF MERIDIAN
CORPORATE MEMBERSHIP
fiam Construction~ Inc.
(CORPORATE 1vfEMBER)
WHEREAS, the CITY OF MERIDIAN, Idaho, hereafter referred to as "LESSORu, has title to
and owns the land upon which CHERRY LANE GOLF COURSE, hereafter referred to as "COURSEtt,
is situated and has entered into the Lease, as Lessor, for the management, operation and maintenance of
the COURSE;
WHEREAS. CHERRY LANE RECREATION, INC~, hereafter referred to as uLESSEE", has
entered into a Lease of the COURSE for the management, operation and maintenance of the COURSE;
WHEREAS, CORPORATE MEMBER, above named, which may not in fact be a corporation,
has either performed labor or services for the construction or creation of the second nine golf holes for
the COURSE or has purchased a corporate membership prior to completion of the second nine holes,
either of which has a value of TEN THOUSAND and NO/lOO DOLLARS ($lO,OOO~OO); and
WHEREAS, LESSOR and LESSEE desire to reward CORPORATE MEMBER for his, their, or
its Jabor, services or early payment
NOW. THEREFORE, the CORPORATE MEMBER, above named. is hereby awarded and given
ONE HUNDRED passes per year for twenty am years~ for greens fees to play golf at the CHERRY
LANE GOLF COURSEJ which passes may be used individually or jointly and may be used by the
CORPORATE MEMBER, its directors, officers, employeesJ guests, or may be donated or given away. A
pass 1) must be surrendered to LESSEE, or its employees, at the club house prior to tee off, 2) entitles
the user to no more righfs than to be allowed to play golf, 3) must have been in the user's possession
prior to play, and 4) holder need~ to make tee times prior to play, but if holder desires to use
passes to conduct a ~olf tournament or conduct other special play he must make prior arrangements
with LESSEEt
LESSEE'S Lease of the COURSE terminates on October 2, 2003t but LESSEE has an option to
renew its Lease for a period long enough to honor the passes for twenty (20) years, but if LESSEE does
not exercise its option LESSOR shall honor them or see that they are recognized and honored by a new
lessee t
Dated this
~~ day of
/naEf
'\;'
, 199 L~
r"
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~r{~J t~ 71' J l :; PRESIDENT
F~_. :: ~.~h.~~~~:~~{9 .,J:
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CHERRY LANE RECt~EATION, INC.
AND
CITY Olt~ MERIDIAN
CORPORATE MEMBERSHIP
!l-fi.Micro tzOoC Corpuration
(CORPORATE MEMBER)
WHEREAS, the CITY OF MERIDIAN, Idaho, hereafter referred to as uLESSOR", has title to
and o\vns the land upon which CHERRY LANE GOLF COURSE, hereafter referred to as uCOURSE~\
is situated and has entered into the Lease, as Lessor, for the management, operation and maintenance of
the COURSE;
WHEREAS, CHERRY LANE RECREATION, INC., hereafter referred to as uLESSEEu, has
entered into a Lease of the COURSE for the management, operatiori and maintenance of the COURSE;
WlffiREAS, CORPORATE MEMBERt above named, which may not in fact be a corporatjon1
has either performed labor or services for the construction or creation of the second nine golf holes for,
the COURSE or has purchased a corporate membership prior to completion of the second nine holes,
either of which has a value ofTEN THOUSAND and NO/loo DOLLARS ($10,000.00); and
WHEREAS, LESSOR and LESSEE desire to reward CORPORATE MEMBER for his, their, or
its labor, services or early payment
NOWt THEREFORE, the CORPORATE MEMBER, above named, is hereby awarded and given
ONE HUNDRED passes per year for ~ (20) years, for greens fees to play golf at the CHERRY
LANE GOLF COURSE, which passes may be used individually or jointly and may be used by the
CORPORATE MEMBER, its directorst officers~ employees, guests, or may be donated or given away. A
pass 1) must be surrendered to LESSEE, or its employeest at the club house prior to tee off, 2) entitles
the user to no more rights than to be allowed to play golft 3) must have been in the user's possession
prior to play, and 4) holder ~eeds to make tee times prior to play, but if holder desires to use
passes to conduct a eol~ tournament or conduct other special utay he must make prior arrangements
with LESSEE.
LESSEE'S Lease of the COURSE tenninates on October 2, 2003, but LESSEE has an option to
renew its Lease for a period long enough to honor the passes for twenty (20) years, but if LESSEE does
not exercise its option LESSOR shall honor them or see that they are recognized and honored by a new
lessee~
g~
day of
//taf
, 199L.
Dated this
CITY OF MERIDIAN
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CHERRY LANE RECREATION, INC.
AND
CITY OF MERIDIAN
CORPORATE MEMBERSmp
9:lock.Contractorsl Ine.
(CORPORATE MEMBER)
WHEREAS, the CITY OF MERIDIAN, Idahoi hereafter referred to as ~~LESSOR'~~ has title to
and owns the land upon which CHERRY LANE GOLF COURSE, hereafter referred to as "COURSEI',
is situated and has entered into the Lease, as LeSSOft for the management, operation and maintenance of
the COURSE;
WHEREASt CHERRY LANE RECREATION, me., hereafter referred to as uLESSEE", has
entered into a Lease of the COURSE for the management, operation" and maintenance of the COURSE;
WHEREAS, CORPORATE MElvrnER. above named, which may not in fact be a corporation,
has either perfonned labor or services for the construction or creation of the second nine golf holes for
the COURSE or has purchased a corporate membership prior to completion of the second nine holes,
either of which has a value ofTEN THOUSAND and NO/100 DOLLARS ($10.000~OO); and
WHEREAS, LESSOR and LESSEE desire to reward CORPORATE MEMBER for his, their, or
its labor, services or early payment.
NOW, THEREFORE, the CORPORATE ME~ER, above named, is hereby awarded and given
ONE HUNDRED passes per year for bEn!t (20) years~ for greens fees to play golf at the CHERRY
LANE GOLF COURSE, which. passes may be used individually or joinlly and may be used by the
CORPORATE MEMBER, its directors, officers, employees, guestst or may be donated or given away. A
pass 1) must be surrendered to LESSEE~ or its em ployees, at the club house prior to tee off, 2) en ti ties
(.he user to no more rightS than to be allowed to play golf, 3) must have been in the user's possession
~rior to plaYI and 4) holder needs to make tee times prior to oJay. but i( holder desires to use
passes to conduct a gulf tournament or conduct other special play he must make prior arrangements
with LESSEE.
LESSEE'S Lease of the COURSE terminates on October 2, 2003t but LESSEE has an option to
renew its Lease for a period long enough to honor the passes for twenty (20) years, but if LESSEE does
not exercise its option LESSOR shall honor them or see that they are recognized and honored by a new
lessee~
@-/fi
o - day of
m~~
(/
, 199 L.
Dated this
CITY OF MERIDIA~
\ \l\" 1111 lllilf
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CHERRY LANE RECREATION, INC.
AND
CITY OF MERIDIAN
CORPORATE MEMBERSHIP
'1JILL -:B$?1(j ~J4MliJY
(FAMILY MEMBERSHIP)
WHEREAS, the CITY OF MERIDIAN, Idaho, hereafter referred to as "LESSOR", has title to
and owns the land upon which CHERRY LANE GOLF COURSE, hereafter referred to as uCDURSE'"
is situated and has entered into the Lease, as LeSSOft for the management, operation and maintenance of
the COURSE;
WHEREAS, CHERRY LANE RECREATION, INC., hereafter referred to as "LESSEEu, has
entered into a Lease of tbe COURSE for the management, operation and maintenance of the COURSE;
WHEREAS, CORPORATE MEMBER, above named, which may not in fact be a corporation,
has either perfonned labor or services for the construction or creation of the second nine golf holes for ,
the COURSE or has purchased a corporate membership prior to completion of the second nine holes,
either of which has a value of TWO THOUSAND FIVE HUNDRED and NO/IOO DOLLARS
($2,500.00); and
WHEREAS~ LESSOR and LESSEE desire to reward CORPORATE MEMBER for his. their~ or
its labor, services or early payment
NOW, THEREFORE, the CORPORATE MEMBER, above named, is hereby awarded and given
TWENTY FIVE passes per year for twenty am years, for greens fees to play golf at the CHERRY
LANE GOLF COURSE, which passes may be used individually or jointly and may be used by the
CORPORATE tvfE:MBER, guests, or may be donated or given away. A pass 1) must be surrendered to
LESSEE, or its employees, at the club house prior to tee off, 2) entitles the user to no more rights than
to be allowed to play golf, 3) must have been in the user's possession prior to play, and 4) holder
needs to make tee times prior to play.. but if holder desires to use passes to conduct a 80lf
tournament or conduct other specig) play he must make.prior arrangements with LESSEE.
LESSEE'S Lease of the COURSE terminates on October 2, 2003, but LESSEE has an option to
renew its Lease for a period long enough to honor the passes for twenty (20) years, but if LESSEE does
not exercise its option LESSOR shall honor theln or see that they are recognized and honored by a new
lessee"
~
Dated this /t2 day of
, 199~.
... . ? ..
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r
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CHERRY LANE RECREATION, INC.
AND
CITY OF l\1ERIDIAN
CORPORATE MEl\ffiERSHIP
Cfovetrfale Nursery
(CORPORATE MErvmER)
WHEREAS, the CITY OF MERIDIAN* Idaho~ hereafter referred to as uLESSOR"J has title to
and owns the land upon which CHERRY LANE GOLF COURSE, hereafter referred to as uCOURSE",
is situated and has entered into the Lease, as Lessor, for the management, operation and maintenance of
the COURSE;
WHEREAS, CHERRY LANE RECREATION, INC.., hereafter referred to as HLESSEE", has
entered into a Lease of the COURSE for the management, operation and maintenance of the COURSE;
WHEREASt CORPORATE MEJvffiER, above named, which ulay not in fact be a corporation,
has ei ther perfonned labor or services for the COi1struction or creation of the second nine gol f holes for _ .
the COURSE or has purchased a corporate membership prior to completion of the second nine holes,
either of which has a value ofTEN THOUSAND and NO/lOO DOLLARS ($IO,OOO~OO); and
WHEREAS, LESSOR and LESSEE desire to reward CORPORATE MEMBER for his, their, or
its laborl selVices or early payment.
NOW~ THEREFORE. the CORPORATE MEMBER. above named, is hereby awarded and given
ONE HUNDRED passes per year for m.ntt 00 years, for greens fees to play golf at the CllERRY
LANE GOLF COURSE, which passes may be used individually or jointly and may be used by the
CORPORATE MErvrBER, its directors, officersl employees, guests, or may be donated or given away. A
pass 1) must be surrendered to LESSEE, or its employees, at the club house prior to tee off, 2) entitles
the user to no more rights than to be allowed to play golf, 3) must have been in the user"s possession
prior to olay. and 4) holder needs to make tee times prior to play. but if hold.er desires to use
passes to conduct a Jol' tournament or conduct other special p:JD! he must make prior arrangements
with LESSEEt
LESSEE'S Lease of the .COURSE terminates on October 2.2003, but LESSEE has an option to
renew its Lease for a period long enough to honor the passes for twenty (20) years, but if LES S.EE does
not exercise its option LESSOR shall honor them or see that they are recognized and honored by a new
lessee.
Dated this I c; r{ day of
, 1994--
~
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EXHIBIT F
GROUNDS MAINTENANCE SERVICES MANAGEMENT PLAN
DURING THE ACTIVE GOLF SEASON
(GENERALLY MAY 1ST TO SEPTEMBER 15TH)
LESSEE SHALL UNDERTAKE THE FOLLOWING MAINTENANCE
ACTIVITIES
A~ MOW GREENS MINIMUM 5 TIMES PER WEEK
B~ MOW TEES MINIMUM 3 TIMES PER WEEK
C~ MOW FAIRWAYS 3 TIMES PER WEEK
D~ RAKE SAND TRAPS DAILY
E~ CHANGE CUPS 5 TIMES PER WEEK
F ~ MOW PRACTICE AREA 3 TIMES PER WEEK
G~ CHANGE TEE BOXES DAILY
H~ WATER DAILY (HAND WATER AS NECESSARY)
I~ FERTILIZE GREENS 3 TIMES PER YEAR
J~ FERTILIZE FAIRWAYS 3 TIMES PER YEAR
K~ PUNCH FAIRWAYS 1 TO 2 TIIvIES PER YEAR
L~ AERATE AND SAND GREENS AT LEAST 2 TIMES PER YEAR
M~ VERTICUT GREENS EVERY 2 TO 3 WEEKS
N. GROOM GREENS AT LEAST 1 TIME PER WEEK
O~ MOW ROUGH MINIMUM 2 TIMES PER WEEK
P. CLEAN RESTROOMS AND PUBLIC AREAS DAILY AND AS
NEEDED
Q~ SERVICE EQUIPMENT DAIL Y AND AS NEEDED
R. CHECK AND EV ALVA TE PONDS AND CART PATHS WEEKLY
S. SERVICE PUMPS AND WATER SYSTEM DAILY
DURING THE OFF-SEASON
(GENERALLY, SEPTEMBER 16 TO APRIL 30TH)
THE LESSEE SHALL UNDERTAKE THE ABOVE TASKS ON AN AS-NEEDED
BASIS
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Christine DonneJ r
S ha un Wardle
Ch arres M r Rou ntree
City Attorney/HR
Department
33 E~ Idaho
Ph.# 888-4433/Fax 884-8723
William L.M. Nary
City Attorney/HR Director
Ted W. Baird
Deputy City Attorney
! l~~_;< ~
~I
FAX
. TO:
F,ROM:
CC:
RE:
. ~... .:.. .:. ..
William F . Yost ( 466-1981 )
Ted W. Baird . if
loAnn Butler (388-1001)
Your fax of May 16,2005 -Amendments to Golf Course Lease
Bud:
Please review the proposed changes to the lease to implement the items we discussed on
Friday. If these changes are acceptable to all parties, I will print a new version of the
agreement with the changes accepted for execution at tomorrow's meeting.
The one item that I have not addressed is how to deal with negotiation of terms if the
option for an additional_ 30 years is exercised.. When the City Council last considered this
matter on April 26, 2005, they approved the general terms of the amended lease,
including the open-ended 30 year option~ T.he City's desire has been to leave this issue
open at this time so that we can gather sufficient financial and operational information to
negotiate a meaningful lease rate to begin in t~ year 2035~ Because the existing lease
did not entitle the City to review any financial information of the golf course, we do not
have a sufficient basis at this time to determine what would be fair to the citizens of
Meridian in terms of a formula for market rent for the second 30 year term.
The existing sub-market annual rent has been maintained as an acknowledgement of the
significant financial commitments made by your client for capital improvements at the
COllfse. However, these improvements should be fully amortized and/or depreciated by
the end of the initial 30 year term~ TIle intent is to arrive at a fair formula (based on gross
receipts, perhaps) and taking into consideration the condition of tIle golf course and
associated facilities as they may exist in the year 2035.
If you or your client has a specific proposal to deal witll the lease formula for the second
30 year term, you are certainly welcome to submit it to the City Council for
consideration. Otherwise) tIle Council is prepared to approve the lease tomorrow and
leave this issue for future negotiation after sufficient fi.nancial infoID1ation has been
gathered.
SIX PAGES TO FOLLOW
~(J;) / 16 ~ 2(l (15 )11:1:\' 1 (I: 2(1 F~~X 208 -16 61981 \"'I:tST L..\\'. r)FF I (4E
./d~.. .
{
{<"
~ l (J tt l U l! :..:
YOST LA \V OFFICES
4 OGDEN AVENUE
P t O. BOX 1275
NAJvIPA.'I IDAH() 83653
\'llrLLlAl\~I f. YOST
ATTORNE)r AT LAW
{~1 VIr ~ rvfE D I ~A. TO R
Pl-IONE. (208) 466-91.{]
FAX; (208) 466~ 19S 1
E-TvJAlL: "ryost(~1{r.J..'e5t. Il(:1
T\.1ay 16, 2005
,,rIA FACSIMILE TO 884-8723
if
Theodore W. Baird, Jr.
Assistant City Attorney
33 E_ Idaho Avenue
l\1eridian, Idaho 83642
Re: Amended I_.ease AgreelnentJBoise R+anch (iolf
Co llf$e
Dear Ted:
Pursuant to Ollf telephone conversation ofFriday~ rv1ay 13, I \.v-ill offer the fi)l.lovl,:in~
COlllffiCllt.S and suggestions. I tried to access the Lease l\greement all the City Council site Frid~lY
afternoon and \vas not a~le to find the Lease) but I \vill try again this m.orning.
fvly concenlS aIe:
P~agraph 3 ~ "Term", paragraph B. Should the rental be deterlnined nO'l/ ~ as opposed
to leaving it so open-ended? It is so open-ended that the option for 30 years is lueani11g1es::;.
-)If
P3r~"rfapl1 6., c.o./\c-cowliing Records~', paragraph C~~ fvly COllcel11 here is that the C~j [y
Clltl lake dOCWllents of tIle Lessee~ \vhlcll are Lessee's doclU11ellts and not public dOCll1.l1CllC::.
\\/"ith.ol1t sante linlitation~ these dOClIDlents \vQuld beconle city documents 311d the Idaho J)ublic
Records ..4..ct \-vould not exempt tllose records fTon1 public revie'1~~. (:Ollld \ve ackno\vled ge tllat the
records are Les~ee's 110t t11e City's?
**
Paragraph 8, ~;Operating l.zesponsibilities)i~ para&f"rapll E.-2. The Lease provides for
an absolute \vatTanty that tile Lessee \.vill comply \vith aU la\vs regarding aliens. As \.ve both knol.v~
\vith the sophistication of forged dOCUlllClltS, LeSSee is in no position 10 make such a \varrant. I
\vould suggest that we. insert language dealing \vith t~best infonl1ation ;,:uld kno\vledge and/oI good
faith~~.
~**
Paragraph 9:- t~Additio11al Terlns and Conditions'\ paragraph G, ~'Non-[)iscrintinaljon
and Civil Rights Compliance'\ paragrapl14. i\1y concern here is as stated above, \vhich is inSll1~jng
Q 5..... .l 6 - ~ 5 ~ 9 : l 9 TO : '~fER I D I AN IrIU~{AJ1J RESOURCES
]7 R () t~1 ~ 2 0 8 4 6 6 1 9 8 i
J > (I j
~(J;) / 16 ~. ~ (I (t5 )I[:tN 1 (I: 2() F~~X 2 (18 -t6lll ~1S 1 'L1:tST L:\ ,\ (JFF [(:~E
l:r~J I J ~ J ~ ~ III :.:
Ivlr. Baird
l\.1ay 16, 2005
Page 2
that the e.111ployment records are not city tecords~ but are private records and thus not open to the
public.
*>'k**
Paragraph 9, "Events of Defaulf~, paragraph 7. I would suggest thal any
determination by the Cit)' regarding any violation of discrimination should be renloved. The City
is not equipped to handle such hearings, and J think \ye can all rely upon the Humrul RighL~
Conunission and the EEOC.
These COlnments mirror our conversatic~n, and I apo 10 gize for the late entr)r by rny::;el r~
but it could not be avoided.
You have indicated that you are wiHing to make these changes by SOIne ptlblic
statelnent that would be placed upon the record of a City Council meeting.~ thus not d~layjng. th.e
execution of this Lcasc~ follo,vcd by sorne lucmoriaJization of these small changes. I
Very tnl1y yours.~
u. ·
\\TilliaTU F. C:'BudP) '{o~:;t
\\lfY:ct
cc: Richard R. Davis via facslnli[e to 867-4022
J oAnn Butler via facsinlile to 388-1 00 I
Re n'Bo iseR.allch. C ity. vrpd
Q 5 - 1 6 - e 5 Q 9 : 2 0 TO: l~{ E RID I A I\J H U tl1 A 1\1 RES 0 1J H C E 5
FRO t~1 : 2 8 8 4 6 5 l 9 8 1
rn~
~
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. .
.~. . .
sheets and golf cart rental forms; and any other reporting records tbat the
City's Administrative Services Director deems necessary for proper
reporting of receipts in accordance with generally accepted accounting
principals (G.A.A. P.).
c.
All documents, books and accounting records shall be considered to be the
nropertv of lessee and not subiect to the Idaho Public Records Act.
Notwithstanding Lessee's o,vncrship~ said rccol-ds shall be open for
inspection and reinspection bv City at any reasonable time during the term
of this Agreement and for four (4) years thereafter. In addition, the City
may from time to time conduct an audit and reaudit of the books and
business conducted by Lessee and observe the operation of the business so
that accuracy of the above records can be confirmed. All information
obtained in connection with the City's inspection of records or audit shall be
If
treated as confidential information and exempt from public disclosure
thereof to the extent permitted under the Idaho Public Records Act. City
shall Dot be liable or responsible for the disclosure of any such records
including those marked trade secrets, confidential, or proprietary, if such
disclosure is deemed to be required by law by an order of a court of
competent jurisdiction.
76 CAPITAL IMPROVEMENT PROGRAM
A Capital Improvement Program shall be prepared by tlte Lessee and approved by
the City indicating the description of each improvement project, the
estimated costs, and the projected time frame for commencement and
completion for each improvement project. The program shall span tbe first
six (6) years of the Agreement and shall be updated annually for City revic\v
and approval, Wllicll approval shall not be unreasonably \vithheld,
conditioned or delayed. ·
Prior to commencement of construction, Lessee shall obtain City approval of all
plans and specifications for improvements to be constructed on the leased
premises, \vhich approval shall not be unreasonably \vithhcld, conditioned or
delayed. No modifications of said plans, specifications, or improvements,
including landscaping shall be made by Lessee, without the City's approval
thereof, whicIl approval shall not be unreasonably \vithheld, conditioned or
delayed. Lessee agrees that City may have on the site at any time during the
construction improvement period an inspector who shall have the right of
access to the leased premises and the construction \vork.
Lessee shall construct, perform, and maintain all construction and installations
covered by this Agreement in a good and ,vorkmanlike manner and \vith
high quality materials, and shall furnish all tools, equipment, labor and
material necessary to perform and to complete same. Upon conlpletion of
the improvements, Lessee shall furnish the City lvith one (1) complete set of
as-built construction dra\vings on mylar or its equivalent acceptable to the
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNIC[PAL GOLF COURSE-$
~~
//~..... .... ..
f . .
~~ . .
and Lessee shall take reasonable measures under the circumstances to assure
the City that the conduct and activities of Lessee's employee will not be
detrimental to the interest of the public patronizing the premises.
2. Lessee \\'arrnnts thut it fullJT utilize its best efforts and good faith to
compliesy with all laws regarding
employment of aliens and others and that to Lessee's best information and
I<no\vlc(h"!c, all its employees performing services bereunder meet the
citizenship or alien status requirements contained in federal and state
statutes and regulations including, but not limited to, the Immigration
Reform and Control Act of 1986. Lessee shall obtain, from all covered
employees performing services hereunder, all verification and other
documentation of employment eligibility status required by federal statutes
and regulations as they currently exist and as they may be hereafter
If
amended. Lessee shall retain such documentation for all covered employees
for the period prescribed by law. Lessee shall indemnify, defend, and hold
harmless, the City, its officers and employees from employer sanctions and
any other liability which may be assessed against Lessee or City or both in
connection with any alleged violation of federal statutes or regulations
pertaining to the eligibility for employment of persons performing services
under this Agreement..
3. Lessee shall establish and adhere to a Drug Free Workplace Policy.
F . Uti lities
At the commencement of the term of this Agreement, the Lessee shall
provide for the transfer of all applicable utility and telephone accounts to
Lessee accounts, and thereafter shall provide and pay for any necessary
utilities and telephone service at the leased premises. Lessee waives any and
all claims against City for compeIisation for loss or damage caused by a
defect, deficiency or impairment of any utilities system, ,vater system, water
supply system, drainage system, waste system, heating or gas system,
electrical apparatus or ,vires serving the leased premises unless caused by the
negligent or willful act or omission of the City, City's agents and/or City's
employees and/or except as described hereinafter.
G. Sanitation
No offensive matter or refuse or substance constituting an unnecessary,
unreasonable, or unla\vful fire hazard, or material detrimental to the public
health shall be permitted to remain on the premises and Lessee shall prevent
any accumulation thereof from occurring.
II. Security Devices
ASSIGNMENT or LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERA TlONS A.T CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE - ~
",Y
f
~\ ..
(. .
*~*
4. All employment records shall be considered to be the prOllcrtl' of
Lessee and not subiect to the Idaho Public Records Act. Nonvithstandin2
Lessee's o,vnersllip~ said records shall be open for inspection and
reinspection at any reasonable time during the term of this Agreement for
the purpose of verifying the practice of non-discrimination by Lessee in the
areas heretofore described. All information obtained in connection \vith the
City's inspection of employment records 81.311 be treated as confidential
information and exempt from public disclosUl.C thereof to the extent
permitted under the Idaho Public Records Act. Cit\' shall not be liable or
responsible for the disclosure of any such recor(ls if such disclosure is
deemed to be required by lalv bv an order of n court of competent
i llrisdiction..
5. If City finds that any of the a~ove provisions have been violated, tbe
same shall constitute a material breach of contract upon which City may
determine to cancel, terminate, or suspend this Agreement. While City
reserves the right to determine independently that the non-discrimination
provisions of this Agreement have been violated, in addition, a determination
by the Idaho Human Rights Commission or the Federal Equal Employment
Opportunity Commission that Lessee bas violated State or Federal non-
discrimination laws or regulations shall constitute a finding by City that
Lessee has violated the non-discrimination provisions of this Agreement.
H.. Easements
City reserves the right to establish, grant or utilize easements or right of
ways over, ~nder, along and across the leased premises for utilities and/or
public access to the leased premises provided City shall exercise such rights
in a manner as will avoid any substantial interference with the operations to
be conducted hereunder.
I. Cancellation
1. This Agreement shall be subject to cancellation upon the occurrence
of anyone or more of the circumstances as described in Events of Default
hereinafter. As a condition precedent thereto, the City shall give Lessee ten
(10) days notice by registered or certified mail of the date set for cancellation
thereof; the grounds therefore; and that an opportunity to be heard thereon
,viiI be afforded on or before said date, if request is made therefore.
2. Upon cancellation City shall have the right to take possession of the
premises, including all improvements, equipment, and inventory located
thereon, and use same for the purpose of satisfying and/or mitigating all
damages arising from a breach of this Agreement.
3. Action by City to effectuate a cancellation and forfeiture of possession
shall be \vithout prejudice to the exercise of any other rights provided herein
or by la\v to remedy a breach of this Agreement.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN1S MUNICIPAL GOLF COURSE ~
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that if any such condition cannot with diligence be corrected by Lessee within
such ten (10) day period, if Lessee shall commence to correct the same within
such ten (10) day period and thereafter shall prosecute the correction of same
with diligence and continuity, then the time within which such failure to
correct may be cured shall be extended for such period as may be necessary
to complete the curing of the same.
4. The failure of Lessee to maintain the premises and the improvements
constructed thereon in the state of repair required hereunder, and in a clean,
sanitary, safe and satisfactory condition, where such failure continues for
more than ten (10) days after written notice from the City for correction
thereof, provided that where fulfillment of such obligation requires activity
over a period of time and Lessee shall have immediately, following receipt of
such notice, commenced to perform 'Yhatever may be required to cure the
particular default and continues sucli performance diligently, said time limit
may be waived in the manner and to the extent allowed by the City.
5. The failure of Lessee to keep, perform and observe all other promises,
covenants, conditions and agreements set forth in this Agreement, where
such failure continues for more than thirty (30) days after written notice
from the City for correction thereof, provided that \vhere fulfillment of such
obligation requires activity over a period of time and Lessee shall have
commenced to perform whatever may be required to cure the particular
default within ten (10) day after such notice and continues such performance
diligently, said time limit may be waived in the manner and to the extent
allowed by the City.
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6. The filling of a voluntary petition in bankruptcy by Lessee; the
adjudication of Lessee as a bankrupt; the appointment of any receiver of
Lessee's assets; the making of a general assignment for the benefit of
creditors; a petition or answer seeking an arrangement for the
reorganization of Lessee under any Federal Reorganization Act, including
petitions or answers under Chapters X or XI of the Bankruptcy Act; the
occurrence of any act which operates to deprive Lessee permanently of the
rights, powers and privileges necessary for the proper conduct and operation
of the golf course; the levy of any attachment or execution which
substantially interferes lvith Lessee's operations under this Agreement and
whicll attachment or execution is not vacated, dismissed, stayed or set aside
within a period of sixty (60) days.
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7. Determination by the City, the State Human Rights Commission, or the
Federal Equal Employment Opportunity Commission of discrimination
having been practiced by Lessee in violation of state and/or federal laws
thereon.
ASSIGNMENT OF LEASE & AMENDED LEASE AGREEM.ENT FOR THE PROVISION OF GOLF COURSE
OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE-;;;L'
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June 3, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 7, 2005
ITEM NO.
s-c
REQUEST Approve Minutes of May 17, 2005 City Council Regular Meeting
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:
SETILERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OfFICE:
OTHER:
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeffngs shall become property of the City of Meridian.
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Meridian City Council Meetina
Mav 17 , 2005.
The regular meeting of the Meridian City Council was called to order at 7:00 P.M~,
Tuesday, May 17,2005, by Councif President Shaun Wardle.
Members Present: Keith Bird, Shaun Wardle, Charlie Rountree, and Christine Donnell.
Members Absent: Mayor Tammy de Weerd.
Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, John Overton, Ron
Anderson, Joe Silva, Ted Baird, Doug Strong, and Dean Wilfis~
Item 1:
Roll-call Attendance:
Roll calL
X Shaun Wardle
X Charlie Rountree
X
X Christine Donnell
X Keith Bird
Mayor Tammy de Weerd
Wardle: lid like to welcome everyone to the Tuesday, May 17th, City of Meridian City
Council meeting at 7:00 o'clock and we will begin with roll call attendance.
Item 2:
Pledge of Allegiance:
Wardle: Thank you. Item No.2 is the pledge of allegiance~ I would like to welcome
Troop 190 to lead us in the pledge, please.
(Pledge of Allegiance recited ~)
Item 3:
Community Invocation by Bud Henthorn, Meridian Gospel
Tabernacle:
Wardle: Item No.3 is our community invocation by Bud Henthorn with Meridian Gospel
Tabernacle.
Henthorn: Heavenly Father, we are grateful tonight for the incredible blessing of just
being a part of this community~ You have blessed us in ways too numerable to mention
tonight, but we thank you for friends and family, we thank you for a neighbors, we thank
you, Lord God, for the people who work so hard and sacrificially to make this community
the great place to live that it is. We thank you, Lord God, for civic servants. We thank
you, Lord God, for those that serve our public schools. We thank you, Lord Jesus, for
the leaders that have gathered here and for the citizens who make their voice heard.
We ask, God, that there would be a special blessing on this meeting tonight and with
that that there would be a special blessing of your presence in each of our hearts and
throughout our community, in Jesusl name, amen.
Meridian City Council
May 17t 2005
Page 2 of 43
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Item 4:
Adoption of the Agenda:
Wardle: Thank you, Bud. And I'd like to honor your presence here with us this night
with a small token of our appreciation, our city pin. Thank you very much. Item No.4 is
adoption of the agenda~
Bird: ML President?
Wardle: Mr. Bird.
Bird: On the -- which we will with the -- Item A on the Consent and Item J on the
Consent, we would like to move to 7-A and 7-1 to do some discussion. Under Item C in
department reports, we would like to move that to Item 19 on the regular agenda and
Item No~ 10 on the regular agenda needs to be moved to 5/24 and we will -- Anna will
take care of that when we get to it, so with that, Mr~ President, I move that we approve
the revised agenda.
Rountree: Second.
Wardle: It's been moved and seconded to adopt the agenda as revised.. All in favor?
MOTION CARRIED: ALL AYES~
Item 5:
Consent Agenda:
A. Table to from April 26, 2005 Special Meeting - Resolution No. _
: Assignment of Lease and Amended Lease
Agreement for the Golf Course:
B. Streetliaht Aareement for Sienna Creek Subdivision No.1 by
Sagewood Development Company:
c. Streetliaht Aareement for Redfeather Estates Subdivision No.
6 by Redfeather Estates Home Owners Association, Inc.:
D. Streetliaht Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.:
E.. Streetliaht Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.:
F. Streetliaht Aareement for Redfeather Estates Subdivision No.
Q by Redfeather Estates Home Owners Association, Inc.:
Meridian City Cou ncil
May 17t 2005
Page 3 of 43
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G. License Aareement with Nampa & Meridian Irrigation District
for the Ten Mile Drain Pathway at Waltman Court Subdivision:
H. Agreement with JUS Enaineers, Inc. for North Black Cat Trunk
and Lift Station Proiect:
I. Request for Payment for Sage Community Resources for
Grant Administrative Expenses for the ICDBG 04-111-26-ED (LP
Business Expansion Grant):
Wardle: Item No.5 is the Consent Agenda.
Bird: ML President?
Wardle: Mr~ Bird.
Bird: On the Consent Agenda I would ask that we move Item A and Item I to 7-A and 7-
I and that we approve the rest of the Consent Agenda as published and for the
president to sign and the clerk to attest on all proper papers.
Rountree: Second.
Wardle: Ifs been moved and seconded to adopt the Consent Agenda with revisions.
Mr. Clerk, will you, please, call role.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6:
Department Reports:
A. City Council President - Shaun Wardle
1. Letter concerning the Ada County EMS Levy Election:
Wardle: Thank you. Item No.6 is Department Reports. City Council President. You
have all received a copy of a Jetter which was drafted -- I believe we directed staff after
our meeting last week to draft a Jetter, which we would, then, send to the Ada County
commissioners. I believe you all have a copy. Is there any discussion on the letter?
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Has Fire Chief Anderson seen this May 13th one?
Meridian City Cou ncil
May 17i 2005
Page 4 of 43
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Anderson: Mr. President, Councilman Bird, yes, I have. After your last meeting I
believe you guys had a discussion on this and, then, this letter was crafted kind of a
joint effort between myself, City Attorney Bill Nary, and Peggy from the Mayor's office
and have read it and agree with the comments in there.
Bird: Thank you, Mr. President~
Nary: Mr~ President?
Wardle: ML Nary.
Nary: The draft that I handed out tonight is the final version~ I do have a clean copy on
letterhead with tonight's date, if the Council is of a mind to approve that, I have
signature Jines for all of you, if you like this letter, or if you need more changes, I can
make those as well.
Wardle: Thank you, Mr. Nary~
Bird: Mr. President?
Wardle: ML Bird.
Bird: Hearing nothing more, I'd move that we approve this letter, sign it, and send it on4
Donnell: Second.
Wardle: It's been moved and seconded to approve the letter to the Ada County
commissioners and for all the council people to sign. All in favor? All opposed? Motion
passes~ Thank you very much.
MOTION CARRIED: ALL AYES~
B. Planning & Zoning Department - Anna Canning
1. Strategic Focus Areas & City-Wide Initiatives:
Wardle: Item 6-8 is Planning and Zoning Department, Anna, and item number one,
strategic focus area and city-wide initiatives.
Canning: Thank you, President Wardle, CounciJmember's. About two weeks ago we
had a meeting to discuss the -- a draft of the initiatives and we were given direction,
Mrs. Cushman and I, to make it -- take out mealy mouth words, I believe was the direct
quote, and to make it more pithy and to use active and strong verbs. So, I sent you a
copy of our revisions I believe the next day and I did not receive any comment from
anyone, but I did have a meeting with the Mayor and she had a few additional
suggestions~ So, that is what you have before you tonight. It was the -- what I term the
Meridian Ci ty Counci I
May 17f 2005
Page 5 of 43
clean copy that I sent you about two weeks ago, with some revisions as suggested by
the Mayor, who missed a couple of the items -- that I missed. So, I guess I would like to
know -- you may not have had time to -- did you want to go through them now or did you
just want me to explain them or -- J wasn't clear on what the Council wanted to
accomplish tonight.
Wardle: Council, would you prefer to go through these individually or would you prefer
to get your comments back to Anna directly, so that we can prepare for a resolution to
come fOIWard?
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: My preference would be to get it back to Anna by a date certain and so that she
can have a resolution prepared and we can pass on it next week. I hate to pass on
something that I haven't read.
Wardle: Yes. Is this Friday at 5:00 olclock enough time for you to prepare -- prepare a
resolution for next Tuesday?
Canning: It wouldn't allow time for that resolution to be in your packet, but it will get --
there will be sufficient time to get the resolution to you, yes.
Wardle: Okay. All right.
Canning: And am J drafting the resolution or is -- thank you.
Nary: We will do it.
Wardle: Okay. Thank you very much. Is that all the direction you need?
Canning: Yes. So you will get me individual comments by Friday at 5:00. Perfect.
Bird: If we don't, you know itrs okay.
Donnell: Yeah.
Canning: Okay.
Item 7:
Items Moved from Consent Agenda:
A. Table to from April 26, 2005 Special Meeting - Resolution No~ _
05-472 : Assignment of Lease and Amended Lease
Agreement for the Golf Course:
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Meridian City Council
May 17t 2005
Page 6 of 43
Wardle: Thank you~ Item C Department Reports, has been moved to Item No.1 9 on
the agenda~ That takes us to Item 7 -A, which is resolution number --
Bird: Oh, ('m sorry. 05-472.
Wardle: -- 05-472 and I will begin discussion of Item 7-A with the city attorneyls office.
Nary: Thank you, Mr. President. The resolution before you is -- comes from the
Blueprint for Good Growth committee --
Bird: No~ No. We are doing 7-A
Nary: Oh, 11m sorry.
Bird: You want Ted.
Nary: I'm sorry. ('m sorry. Mr~ Baird is over there. I was ahead of you by one item.
Baird: Thank you~ Mr. President, Members of the Council, the resolution before you is
for approval of the final version, the May 17th edition of the golf course lease. It1s now
over an inch thick. And just by way of explanation, when we last met to discuss this on
April 26th, I was given direction to address a couple housekeeping items with Attorney
Joann Butler, who represents the Lake View Meridian Investors, LLC. We worked on
that together and arrivea at the final agreement, which was included in your packet last
Friday. I submitted that to the Clerk at about 1 :00 Of clock and imagine the surprise at
about 1 :45 when J received a phone call from another attorney who is involved in this
matter who had a couple more items to address~ Attorney Bud Yost in Nampa
represents another one of the tenants here, the Boise Ranch Golf, and he had four
minor housekeeping items that included a copy of his fax to me that we received
yesterday and four pages, indicating the minor changes that we made to the agreement
that was posted. So, I can address those individually, if you have any questions, but,
again, they were just minor issues, questions would be raised about who would own
employment records, who would own financial records, what would be public record,
what wouldn't be. So, those were incorporated into the final document that we are
asking for you to approve tonight and I1II stand for any questions~
Wardle: Thank you, Ted~ Council, any questions on Mr" Bairdls clarification?
Bird~ Mr. President?
Wardle: Mr. Bird.
Bird: No. I just thank Ted for taking care of this situation and I take it that both the
lessee is also agreeable and everything has been taken care of?
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Merjdi an City Council
May 17, 2005
Page 7 of 43
Baird: Mr. Council President and Members of the Council, Councilmember Bird, f did
speak directly with Bud Yost and he agreed to the way that I addressed his concerns~ I
also received an e-mail from Joann Butler, she reviewed those changes. I spoke briefly
before the meeting with Dick Davis, who is here, and everybody seems to be in
agreement.
Wardle: Thank you.
Bird: ML President?
Wardle: Mr~ Bird.
Bird: I move, then, we approve Resolution 05-472, the lease for the -- the golf course
lease -- amendments to the golf course lease.
Donnell: Second.
Rountree: Second.
Wardle: Thank you~ It's been moved and seconded to approve Item No.7-A, which is
Resolution 05-472. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Wardle: Thank you very much. And thank you, Ted, for your diligence in this effort.
Certainly it's been an issue a long time coming in the City of Meridian and your final
touch has really helped to bring that togetheL Thank you.
I. Resolution No. 05-473 : Ratifying and Approving the
Creation of Blueprint for Good Growth~ InclI:
Wardle: Item 7-) is Resolution No~ 05-473, Ratifying and approving the creation of
Blueprint for Good Growth. City Attorneyls Office, Mr~ Nary.
Nary: Now that 11m on the right project, Mr~ President, this request has come from the
Blueprint for Good Growth committee. Karen Biladeau is the project manager for that,
as Council is all well aware, that the project has been ongoing with all the different
agencies and municipalities in Ada County as a regional opportunity to work together to
look at our county-wide growth plan. What they have requested in this particular
resolution they forwarded to the Mayor and the Mayor forwarded to us, so we could put
it in the proper form, was for the purposes of establishing a 501 (c)(3) nonprofit
corporation for the Blueprint for Good Growth, so that they could go seek funding for the
project. As the Council is well aware and as has been publicized numerous times, this
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Merjdian City Cou ncil
May 17J 2005
Page 8 of 43
is a very extensive planning project with Dr. FreiJech and the Urban Land Institute and a
number of different players that are jnvolved~ The Ada County Highway District even
hired a person, basically, to go and seek funding for this project. This would be a tool to
allow them to form this corporation, showing the support of the different entities~ I
believe they have requested the same resolution of all of the players and partners in this
project to date, again, the different cities, as well as -- as well as the Ada County
Highway District, to, again, show that support and form that. So, that's all it is in front of
you. There is no commitment to anything other than the commitment the city has
already made to be a participant~ There is no financial commitment that's included in
this resolution. There is no commitment beyond what's already been established by this
Council in the discussions, but that's all the information I have about it and if there is
something else I could answer for you.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Mr. Naryt this resolution down the road is going to, J'm sure, be met with some
requests for financial donation from the citYJ am I not right? And, you know, is this a
dues thing or what is it? I mean --
Nary: ML President, Members of the Council, Councilmember Bird, this document
doesn't do anything differently than this Council has already done in being a participant.
This doesn't commit the Council or the city to any financial support of the project, other
than what the Council wishes to put aside in a budget process towards the project. I
think last year the city put I think 30,000 dollars -- J think ies 30,000 dollars towards this
project~ There has never been a clear definition that 11m aware of -- and Madam Mayor
is the one, J think, that attends primarily, but there has never been a clear definition as
to what the financial participation of each entity is supposed to be. From the outset,
when the project was initiated, it was always on -- on each of the cities to participate at
whatever level they wanted to. They weren't obligated to financially support any of it.
They could certainly participate as best they could. It did take everyone's cooperation,
but this document -- I guess I just have to accept at face value and all the document
commits to is the city's role supporting that this group does exist for a purpose, what the
purpose is, that they are going to form a nonprofit corporation for the purposes of
fundraising~ This, basically, gives the city's blessing to that process to occur. But it
doesnlt give the city anymore financial commitment than we have participated so far.
Wardle: Mr~ Rountree.
Rountree: Just a bit more clarification. When this was entered into, the project itself
was never fully funded with cities and/or county entities participation. It's always been
felt that private entities in the community should participate as well. So, this is an
opportunity to create the 501 (3)(c) corporation and allow those individuals in the private
arena that want to contribute to this effort to do so and get the tax advantage.
Merid ian City Coun ell
May 17, 2005
Page 9 of 43
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to, o.
Otherwise, they would have done so and not gotten any tax credit, so I believe thatls
what this resolution is all about.
Wardle: Thank you. Mr. Bird, do those address --
Bird: Yeah. No problem.. I just wanted to -- I just wanted to discuss stuff, because I --
you know, I know it was for a 501 (c), but, you know, I wanted to -- and reading this
resolution, as Mr. Nary said, you got to take it by what you're reading here and hoping
it's -- and J don1t know why it wouldnlt, so I have no problem with it.
Wardle: Thank you. And, Mr. Nary, thank you for the clarification and Mr. Rountree and
11m sure that the city will see some request for funds in the future that are not
necessarily directly tied to this, but to the project itself. With that, I would entertain a
motion to approve Item L
Rountree: Mr. President?
Wardle: Mr. Rountree.
Rountree: I move that we approve Item 7-1, Resolution 05-7473.
Donnell: Second.
Wardle: It's been moved and seconded to approve Item No. L 7-L Mr. Berg, please
call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 8:
TE 05-002 Request for Approval of a One Year Time Extension to record
the Final Plat of Gallery Subdivision by Engineering Solutions, LLP -
northeast corner of West Belltower Drive and North Ten Mile Road:
Wardle: Item No.8 is TE 05-002, request for a one-year time extension for Gallery
Subdivision. Begin with staff comments.
Canning: President Wardle, Members of the Council, 11m doing abbreviated hearings on
the -- or abbreviated reports on the non-hearing items. Staff is recommending approval
of this time extension.
Bird: Mr. President, I move we approve TE 05-002 for a one-year time extension to
May 1 st, 2006.
Rountree: Second.
Meridian CUy Cou nci I
May 17t 2005
Page 10 of 43
Wardle: It's been moved and seconded to approve Item No.8. Mr. Berg, please call
ro II.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnelt yea.
MOTION CARRIED: ALL AYES.
Item 9:
FP 05-032 Request for Final Plat approval of 52 building lots and 5
common lots on 10.99 acres in a R-4 zone for Silverleaf Subdivision No.
~ by Liberty Development, LLC - 2683 West Chinden Boulevard:
Wardle: Item No.9 is FP 05-032, final plat for SilverJeaf Subdivision No.4.
Canning: President Wardle, Members of the Council, this final plat is in compliance with
the approved preliminary plat and the applicant has submitted a letter stating they are in
agreement with the conditions of approval.
Wardle: Thank you.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: I move we approve FP 05-032, request for final plat --
Rountree: Second.
Bird: -- for Silverleaf Subdivision No.4.
Rountree: Second.
Wardle: Ifs been moved and seconded to approve Item No.9. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 10:
FP 05-031 Request for Final Plat of 98 single-family residential building
lots and 26 common area lots on 19 acres for Hacienda Subdivision by
Doug Jayo - south of Chinden Boulevard and east of North Meridian
Road:
Wardle: I believe Item No. 1 0 has been asked to be continued to 5/24. Do we need a
motion for that?
Bird: You just made it, didn't you? I second it.
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Meridia n Cj ty Cou nciJ
May 17. 2005
Page 11 of 43
Wardle: Okay. Ifs been moved and seconded to continue Item 1 0 to 5/24/05. All in
favor?
MOTION CARRIED: ALL AYES.
Item 11:
FP 05-030 Request for Final Plat approval for 40 single-family residential
building lots on 1 0.49 acres in a R-8 zone for Paramount Subdivision
No.7 by Paramount Development, Inc. - east of North Linder Road and
north of West McMillan Road:
Wardle: Item No. 11, FP 05-030, final plat for Paramount Subdivision No.7.
Canning: President Wardle, Members of the Council, this final plat is also in compliance
with the approved preliminary plat and we also have a letter from the applicant stating
they are in agreement with the conditions of approval.
Donnell: Mr. President?
Wardle: Mrs. DonnelL
Donnell: I move that we approve Item No. 11, FP 05-030, a request for final plat
approval for Paramount Subdivision.
Rou ntree: Second.
Wardle: Ifs been moved and seconded to approve Item No. 11. Mr~ Berg, please call
ro II.
Roll-Call: Bird, yea; Rountree, yea; Wardle} yea; Donnell, yea.
MOTION CARRIED: ALL AYES~
Item 12:
Public Hearing: V AR 05-008 Request for a height Variance from the
maximum height of 40 feet to 58 feet for a recreational attraction for
Boondocks Fun Center by Boondocks Fun Center - Meridian, LLC -
1385 South Blue Marlin:
Wardle: Thank you. We now enter the Public Hearing phase of our agenda. Item No.
12, Public Hearing V AR 05-008, request for a height variance for Boonbocks Fun
Center~ J will open with staff comments.
Canning: President Wardle, Members of the Council, this is located north of Overland
Road and west of Meridian Road, just south of the freeway, and this is an old -- this an
old picture of where -- Roaring Springs is, basically, in this area now, so you know
where Boondocks is. This is an application for a variance~ The height variance is to
Meridian City Council
May 171 2005
Page 12 of 43
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allow the construction of a 55 foot eight inch structure~ The height variance would not
apply to any other structure on the property, existing or future. These are the two
elevations I have and, in all honesty, I'm not sure exactly how this structure works, other
than I think it propels human beings through the air in some horrifying contraption. All
right. Sorry. Regarding the findings that the Council needs to make in order to grant
this variance, I'll try and go through them quickly. The first is, generally, that there is
special circumstances on the site and in this case it's not that there is a physical feature
of the site that would limit the construction of this, ifs just that ies a unique structure and
it's a unique use to begin with. The entertainment user in and of itselfJ is not one that's
well accounted for in our variance. The second finding is with regards that it would not
be an extreme hardship or that it does not -- that it meets the objectives of the code still
or the objectives of the Comprehensive Plan. Staff was not able to find that there was a
hardship on the site. However, we do feel that this still meets the objectives of the code
and of the Comprehensive Plan. The Comprehensive Plan talks about providing a
range of recreational opportunities -- I'm sorry. And the code allows for structures
similar to this, such as antennas and pole structures and other things. It accepts them
in other cases, it's just this one doesn't quite fit under that category. So, I think that the
intent of the code is not violated and it does further the objectives of the Comprehensive
Plan. The third finding that Council needs to make for the variance is that granting a
specified variance will not be detrimental to the public's welfare or injurious -- I'm sorry.
This is not a variance for convenience -- I'm really having a hard time maintaining
composure. I'm sorry. It's the nature of the structure and it is unique~ And the final one
is the subject variance will not have the effect of altering the interest and purpose of
code or the Comprehensive Plan. And, again, we stated before, this does seem to be
something that had the code spoke to this, it probably would have exempted it from
having to meet height regulations. But, again, ifs a very special use, it's a very special
structure, and it does further the goals of the Comprehensive Plan. So, staff is
recommending approval of this variance.
Wardle: Thank you, Anna. Questions for staff?
Bird: I have none_
Rountree: Not now.
Wardle: Would the applicant like to come forward and -- is the applicant present?
Canning: Apparently not.
Wardle: Is there any further public testimony that we'd like to take?
Rountree: Mr. President?
Wardle: Mr. Rountree.
Rountree: Seeing no further testimony, I move the hearing close for Item 12.
Meridian City Council
May 17J 2005
Page 13 of 43
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Bird: Second.
Wardle: It's been moved and seconded to close the Public Hearing on Item 12.. All in
favor?
MOTION CARRIED: ALL AYES.
Rountree: Mr. President?
Wardle: Mr. Rountree.
Rountree: If there is no discussion, I would move that we approve the variance for Item
No. 12, 05-008, recognizing that it is a special entertainment use and there is no
extraordinary hardship to the public. It seems to be consistent with city zoning code and
will not necessarily required alterations of the code.
Bird: Second.
Wardle: It's been moved and seconded to approve Item No. 12. Mr. Berg, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 13:
Public Hearing: RZ 05-006 Request for a Rezone of 4.65 acres from R-4
to L-O zone for Verona Subdivision No.3 by Primeland Development,
LLP - northeast corner of North Ten Mile Road and West Milano Drive
Wardle: Thank you. I will be interested as to what that ride will be called. I have a little
one that would probably like to ride that. Item No. 13, Public Hearing, RZ 05-006,
rezone for Verona Subdivision NO.3. J will open the Public Hearing with staff
comments.
Canning: President Wardle, Members of the Council -- there we go. Sorry. This is a --
the site is located east of Ten Mile and it's about a half mile north of McMillan Road.
The subject of the rezone is actually only a small portion thatls highlighted here on the
aerial. It1s just there at the entrance of the site. The purpose of the rezone of this 4.65
acres is to allow four lots -- or six lots to go from an R-4 designation to an L-O
designation. The applicant is proposing to have the zoning match what has, actually,
been approved on the site through the planned development use exception process.
So, they have done it at actually our -- we required it as a condition of approval for
Verona Subdivision No. 3 and so that1s why they are coming in with the rezone request.
And, again, it's just so that we can match the use exception with the use -- the zoning
with the uses that are allowed there that helps in financing and construction projects.
Meridian City Council
May 17,2005
Page 14 of 43
P&Z has recommended approval at their April 21 st hearing~ To our knowledge there
are no outstanding issues before Council.
Wardle: Thank you, Anna. Questions for staff?
Rountree: I have none.
Bird: I have none, Mr. President
Wardle: Would the applicant like to present testimony? Is there any further public
testimony on Item No~ 13?
Donnell: Mr. President?
Wardle: Mrs. DonnelL
Donnell: Seeing no further testimonYt I would make a motion to close the Public
Hearing.
Rountree: Second.
Wardle: It's been moved and seconded to close the Public Hearing on Item 13. All in
favor?
MOTION CARRIED: ALL AYES.
Donnell: Mr. President?
Wardle: Mrs. Donnell.
Donnell: I would make a motion that we approve Item No. 13, RZ 05-006, a request for
rezone from R-4 to L-O and to accept staff's findings.
Rountree: Second.
Wardle: It's been moved and seconded to approve Item No. 13~ Mr. Berg, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 14:
Public Hearing: AZ 05-010 Request for Annexation and Zoning of 4.63
acres from RUT to L-Q zone for Wvndstone Place Subdivision by
Quasar Development, LLC - 1151 South Wells Street:
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Meridian City Cou ncil
May 17, 2005
Page 15 of 43
Item 15:
Public Hearing: PP 05-012 Request for Preliminary Plat approval of 8
building lots and 3 common lots on 4.63 acres in a proposed L-Q zone for
Wvndstone Place Subdivision by Quasar Development, LLC - 1151
South Wells Street:
Item 16:
Public Hearing: CUP 05-014 Request for a Conditional Use Permit for a
Planned Development for a professional office complex on 4.63 acres in a
proposed L-O zone for Wvndstone Place Subdivision by Quasar
Development, LLC - 1151 South Wells Street:
Wardle: Thank you. I will open Items No. 14, 15 and 16 for Wyndstone Place
Subdivision and open the public hearings with staff comments.
Canning: President Wardle, Members of the Council, this is called Wyndstone Place
Subdivision. Ifs located at the southwest corner of Wells Drive and Wells Circle and, as
you can see, it's in Magic View Subdivision, which is just north of the freeway. 80J ies a
little triangular shaped. They are coming in with an annexation and zoning, preliminary
plat, and Conditional Use Permit for a planned development. There is an existing home
toward the east end of th"e property as you can see. This is the proposed layout and it's
a professional office complex on 4.63 acres and they are proposing an L-Q zone. It is
shown as office on the Comprehensive Plan, so it would be consistent with that
designation~ They are proposing one 3,000 square foot building, two 4,000 square foot
buildings, four 5,000 square foot buildings, and, then, one 13,600 square foot building.
So, it's a total of 44,600 square feet of office space. Most of the structures -- all of these
would be single story and, then, this is a proposed two story structure. The lots that
these sit on -- I can show you that later. Ifs difficult to read. They do sit on individual
lots and the lots range in size from 12,000 to a little over an acre in size. They have
requested a planned development approval and that1s to reduce the required lot
frontage and setbacks. Normally, the frontage required in the L-Q zone is 50 feet. Five
of the eight lots do not have frontage and you can imagine they are back here away
from the two streets. In lieu of frontage, the applicant is proposing to record a cross-
access easement for all the lots. And on setbacks they have requested 20 feet --
instead of a 20-foot rear setback, they are asking for a ten foot rear setback and, then,
instead of a 20-foot side street setback, they are asking for a ten foot side street
setback. With the planned development they are providing two water amenities. They
are shown here. And the applicant may be able to talk about those more. One is in this
location andf then, the other one -- I'm sure the applicant can let you know where that is.
This is the elevation of the two-story structure and that sits in the far corner. And, then,
these are the one-story structures. This, again, is the site plan and this is the plat. As I
said, the plat doesn1t provide much information relative to the site, it's really more the
site plan that provides that. So, I will go back to the site plan. It will facilitate the
construction of -- or allow the construction of eight commercial buildings and P&Z has
recommended approval at their April 215t hearing. The key issues of the discussion
were irrigation water supply and delivery and that was the existing property owner
appears to have cutoff supply to some of the neighboring properties and they asked for
a commitment from the developer as to restoring the irrigation water service and the
Meridian City Council
May 17t 2005
Page 16 of 43
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applicant -- the Commission added two conditions of approval and the applicant has
agreed to these and they were to design an irrigation system that can serve all the
adjacent properties and the applicant was also to reinstall the fence at the end of Wells
Circle. Wells Circle is a cul-de-sac at the top of the property and it's largely unimproved
right of way and the owner of the property to the north has some fencing that's actually
installed in the right of way. There is one outstanding issue before Council. There is an
existing sewer line and easement on the west end of the property. The trees that are
shown on the landscape plan cannot be planted within the 20-foot landscape buffer, so
this does require a modification to site specific condition number two and staff has
worked up some language for that. I can read it into the record now and, then, if in your
motion you decide you want to have this be effective, you can reference this -- what 11m
going to read. And that would be the second sentence in the third bullet of site specific
condition number two to read: Said buffer to the north shall contain materials in
accord ance with M CC 12 -13-12 -3 and not in cJ u d e im pe rviou s su rfaces su ch as pa rki ng
areas. Thafs in reference to the landscape buffer on the north. And, then, add a third
and fourth sentence to the third bullet of site specific condition number two that reads:
Due to the existing sewer easement to the west, the buffer along the west property line
shall remain free of large trees and contain shrubs, flowers, and other ground cover
approved by the Meridian Planning Departmenta With that, J will end staffs
presentation.
Wardle: Thank you, Anna. Questions for staff?
Bird: I have none.
Wardle: Would the applicant please come forward. Please state your name and
address for the record.
Nickel: Thank you, Mr. President. Shawn Nickel, 52 North 2nd Street in Eagle. 11m not
going to rehash what Anna said. She did a good job of explaining the project. Just to
point out that second amenity. Let me find it on here, which is right -- the waterfall there
and those also have some seating area, so it's kind of a passive use. These are office
buildings. I do have one -- we did -- the one main issue at the Planning and Zoning
Commission was that irrigation issue, which we did meet with the neighbors before that
meeting, had everything worked out, we talked about it at the meeting, those conditions
were placed on there. One of the neighbors is here, probably, to update you on the
progress with that, so I'll let him speak. Just for, I guess, a housekeeping matter on
condition number 11, Anna, and I apologize for not running this by you first, but I think
it's a minor -- and ifs just in the sentence structure. Weld like it to read: Applicant shall
design a gravity irrigation delivery system sufficient to satisfy all adjacent properties,
because that was the issue with that is that we were trying to get that water delivery to
those surrounding property owners. So, I'll leave it to Anna to address that, if that's
appropriate. Regarding the buffer along the west boundary, we will provide a new
landscape plan prior to final plat. I do want to point out that we are proposing a six foot
solid -- reflecting a vinyl fence along that western boundary to provide additional buffer
for those neighbors and we just believe this is a very nice transition from the residential
Merjdian City Council
May 17, 2005
Page 17 of 43
-- the existing residential to the more intense commercial uses as you get out towards
Eagle Road, so I wanted to point that out. I will stand for any questions.
Wardle: Thank you.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: I don't have a question for Shawn, but I just want to compliment him on the
development that they are putting in there. I think that's a -- I think ifs a very nice one. I
hope you are able to stay to the elevations that we have seen, because it is a very -- it
will be a very attractive addition to that area out there. We appreciate it. Thanks.
Nickel: Thank you.
Wardle: Thank you. I have two other individuals signed up to comment on this
application. Elwood Rennison. Would you, please, come fOlWard and state your name
and address, please.
Rennison: My name is Elwood Rennison. I live at 990 Mustang Street, Meridian, Idaho.
lId like to comment on the development thafs going on here. I think it's really a nice
one. r think Shawn and Ross have done a really nice job laying it out and the people in
the neighborhood really appreciate what they have done. I want to offer that comment,
because I think ies really positive for the whole area. And there is one thing that -- there
are three items that J wa-nted to comment on and if you will allow me to, I would give you
a written document A letter. Shawn has addressed pretty much some of the irrigation
issues and on the west side -- well, I'JI start with the letter here, would be the best thing.
Okay. Item A in the letter is that during the April 21st Planning and Zoning meeting I
presented a letter on the same date. The letter had several exhibits attached to it and
when I went down and I reviewed the staff summary of Planning and Zoning
Commission recommendation to the City Council, dated May 10th, I noted that two of
the drawings that were in the document that I gave to the Planning and Zoning were not
there. Two of the drawings. And they are listed here as E1 and E2. Okay. So, I want
you to take note of that if you will, please. Those should have -- everybody should have
had copies. They were all put together and each one of the Planning and Zoning
individuals were given a copy of the Jetter with all the attachments, as well as the -- the
City Council -- or Planning members. Okay. That's per comment. Located on the west
side of the proposed development, which is where the vinyl fence is to go, the main
irrigation ditch runs just on the west side of the fence. If you will let me show you. The
main irrigation ditch runs along this side here and up and turns around and, then, of
course, you can see where it comes through right here at this location. What happens
is if the ditch gets over full back in here, it will have a tendency, because it runs on the
high point of the land, okay, it will have a tendency to overflow this way. So, we are
asking that in the development plan that some provision be made to maintain the open
ditch that is there right now. That ditch provides water for the landowner right here,
Meridian City Cou ncil
May 17. 2005
Page 18 of 43
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that's where they get their 'water from. Normally, they would come in the corner here
and there is a drainage that goes on down to Five Mile Creek and that's in there and
that's been there for years and it's strictly just to get water to one landowner, plus if the
ditch overflows for some reason, we have gophers get in there and we have a lot of
problems with it on the lower side, if the ditch -- just have a small swale or something
maintained in there on the new development. If you will see exhibits one and two
attached to the letter, I sort of made an illustration for you to look at, if a picture is worth
a thousand words, we hope, anyway. So, that will kind of give you an idea of just kind
of how the drainage can kick off over the side of the high point there. The third item that
I have listed here -- and I will try to do this quickly. Mr. Robert Middleton still does not
have water, okay? The land to his place. And this is one of the items of contention with
Planning and Zoning. Ross and Shawn have bent over backwards, doing somersaults
and everything to get the water across and they have gotten, as you will see on
attachment four, which is the last one on the letter, there was a signed fax -- a signed
Jetter and drawing showing where a temporary ditch can be ran and Shawn and Ross
have worked real hard to make this happen for us and they have asked Mr. Middleton if
he would go ahead and excavate the ditch and let it down and cross through there. And
Mr. Middleton is more than happy to do it, except the current landowner is not the best
person to deal with. We like dealing with Quasar. Okay? What we have is after this
was sent to Bob Middleton, I received a phone call from -- excuse me -- from the -- one
of the landowners and if you will indulge, I would appreciate it.
(Tape played.)
Rennison: Thank you for listening to that. I like to be professional about everything I
do. Sometimes it doesn't become the best thing to stand bay, but I try to do that. I say
Shawn -- they have done every1;hing they can to try to get the water across to Mr.
Fehrman and this was -- this was played -- I put this to the various people listed in here,
okay, and ( don't know where we go from here. Quasar has done everything they can.
They got the letter. The main thing is if Mr. Middleton goes on the property and digs a
ditch, it goes right through where the driveway is at for the buildings and Mr. Fehrman
does not want the water in the area of the driveway, so he can get in and out. It kind of
has to be where it's at. Mr. Middleton was -- is going to pipe it, but we donlt have
anything specifically for him in writing to indemnify him for a third party claim and hold
him harmless in case something goes wrong. And there are utilities in there, too. There
is a telephone line that has to be located and what we would like Quasar to do is to get
a letter for Mr. Middleton and, then, when he does the ditch have somebody out there
with him. We -- Mr. Fehrman is my neighbor from many years. J know him quite welL
Okay? So--
Donnell: And he likes you a lot.
Rennison: Well, he comes over to the house there and argues with me until my wife
has to leave. But, anyway, those are the three items that I wanted to bring up and I
appreciate you listening to me and listening to the tape and we want Quasar
Meridia n Ci ty Cou nci I
May 171 2005
Page 19 of 43
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Development to have their facility there and it's very nice, okay? And thank you very
much, Council members and everybody else.
Wardle: Thank you. I have one additional name. Ross Erickson. If you wifl state your
name and address, please.
Erickson: Ross Erickson. 13318 West Woodspring Court, Boise. Just real quickly, if
you look at the picture, between the property there is that -- we are not too in the loop.
There is the property up to the north that would like to get some irrigation water and I
worked with Mr. Rennison and Mr. Middleton prior to our P&Z Commission hearing to
try to work out an arrangement, as a liaison between the two, between Jim Fehrman
and the property owner to get a temporary ditch built across Jim Fehrmanfs property, so
that they could get some water to serve Mr. Middleton for this irrigation season and I put
a sketch together and talked it over with Jim, with a little permission statement on it that
authorizes us or our agents to go in there and actually build a temporary ditch to provide
Mr. Middleton some water and it has been signed and so Mr. Middleton is authorized
to go in there and build a ditch. I think there is -- he's still a little bit skeptical about
getting in there} because of the past relationship with the property owner, but we have
been trying to do everything we could, you know, ies really not something that we have
a lot of position to do anything with, because there is history on it and things. But we do
have a signed permission slip here for Mr. Middleton to go ahead and build a temporary
ditch and, then, with our project, when we come in, we will build permanent piped
concrete junction boxes, gravity delivery system, to serve Mr. Middleton, which would
be next year for the following irrigation. season. And I just -- one of Mr. Rennison's other
comments was regarding the overflow ditch along the west boundary of the project.
That ditch is actually on --- itls not our property, ifs adjacent to our property, so we won1t
be impacting that and there is a city sewer easement through there with a -- kind of an
all-weather surface gravel road there for the city access right now and that's where we
will be planting some shrubs and flowers and things and maybe some small trees, so
we won't be impacting that. I guess 1'1( stand for any questions that you may have.
Wardle: Thank you. Council, any questions?
Bird: I have none.
Erickson: Thanks.
Wardle: Is there anyone else that would like to comment on any of these applications?
Just a quick question for staff, before the applicant returns. Mr~ Nickel had some
comments about a specific change. Is staff okay with the --
Canning: Yes. They are good changes. Yes.
Wardle: Okay~ Mr. Nickel?
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Meridian City Cou neil
May 17t 2005
Page 20 of 43
Nickel: Again, Shawn Nickel, 52 North 2nd in Eagle. So, hopefully, we are clear on the
comments by Elwood, we are going to do our best -- see, the problem is the property is
under contract by Quasar Development. They are not the owners until -- it's probably
going to be a couple of months before they actually take down the ownership of the
property.. In the meantime, we are trying to coordinate with the existing owner and that
was the person that was on the voicemail -- trying to coordinate with him to get
permission to build that temporary ditch and, again, as Ross stated, we do have a
signed letter stating that Mr. Middleton can do that. If there is anything else we need to
do, we will be more than happy to work with Elwood and Mr. Middleton, if we have to go
out there and stand around while he's digging the ditch. We will make sure that it gets
in appropriately and I don1t know if I will leave any messages on Mr. Rennison's
machine, but I will definitely keep in touch with him.
Wardle: Mr. Rountree~
Rountree: Ifs either a question for -- probably for both staff and Bill Nary, but the
permission authorizes Quasar Development and their agents. Would it be appropriate
that Quasar identify Mr. Middleton as their agent in order to validate this agreement with
the property owner or is that above and beyond the call of duty?
Nary: Mr. President, Members of the Council, Councilman Rountree, certainly that --
that's not going to hurt them to make that designation. I don't see a problem with that.
But I mean I don't know that they have to, but --
Nickel: We would have no problem doing that.
Wardle: Thank you.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Is Mr. -- Mr. Fehrman isn't the only owner out there, is he? I see itls BNF
Enterp rises.
Nickel: Ifs an LLC that he's a member of.
Bird: Yeah~ Okay~ Thank you.
Wardle: Mr. Rountree.
Rountree: I have one question for Brad before we close. The comment about the use
of the current access road on the sewer easement, is that providing necessary access
and -- for inspection and/or troubleshooting?
Meridian City Coun eil
May 17,2005
Page 21 of 43
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Watson: Mr. President, Councilmember Rountree, as I asked Anna today, I said you1re
not planting shrubs in the road -- the access road, right? And she said that I would get
to Jook at it and approve it before the landscape plan is approved. So, we will make
sure we have access.
Rountree: All right. Thank you.
Wardle: Is there any other further comments before we close up? I would also like to
make a comment that I think that certainly the elevations that we see are very nice and
the site looks nice and I just happen to live right around the corner, so I think it will be a
nice addition to the neighborhood. So, appreciate you working with the neighbors and
the individual property owners~ Hearing that and no further public comment, I would
accept a motio n to close the pu blic h ea ri ngs on Items 14, 15 and 16.
Donnell: So moved.
Bird: Second.
Wardle: It's been moved and seconded to close the public hearings on items 14, 15
and 16. All in favor?
MOTION CARRIED: ALL AYES.
Wardle: Council, we have three items before us.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Mr. President, I move we approve AZ 04-010, Wyndstone Place Subdivision by
Quasar Developmentf LLC, and to incorporate public testimony, applicant, and staff
comments.
Rountree: Second.
Wardle: And just as a clarification, Mr. Bird, is that to include the Findings and the
amendment to the findings?
Bird: Yes, it does.
Wardle: With that, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea~
MOTION CARRIED: ALL AYES.
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Merid ian City Coun eil
May 17,2005
Page 22 of 43
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: I move that we approve Item No. 15, PP 05-012 for Wyndstone Place Subdivision
by Quasar Development, LLC, and to include staff, applicant, and public testimony and
to approve Findings of Facts and Conclusions of Law and Decision of Order.
Rountree: Second.
Wardle: Ifs been moved and seconded to approve Item No. 15. Mr. Berg.
Roll-Call: Bird, yea; Rountree} yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Canning: Councilman -- I mean President Wardle, was that -- do you want those
findings to come back to you at a different date or just make the modifications and get it
to yo u?
Bird: With the modifications.
Wardle: Item 16.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: I move we approve CUP 05-014, Wyndstone Place Subdivision by Quasar
Development, LLC, incorporate all staff, applicant, and public testimony and approve,
with modifications, the Findings of Facts and Conclusions of Law and Decision of Order.
Rountree: Second.
Wardle: It's been moved and seconded to approve Item No~ 16. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 17:
Water, Sewer and Trash Delinquencies:
Wardle: Item No. 17 is water, sewer, and trash delinquencies. Scheduled turnoff for
May 18th, 2005. Pursuant to Meridian City Code 9-1-21, delinquent water users shaH
have the right to request a pre-termination hearing prior to water service being
disconnected. No water users have requested such pre-termination hearing for May
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Meridian City Council
May 17J 2005
Page 23 of 43
17th, 2005, water service for the attached turnoff list we will be terminated on May 18th,
2005. The total amount of the turnoff list is $32,338.57.
Rountree: Mr. President?
Wardle: Mr. Rountree.
Rountree: I move that we approve the delinquent turnoff list for May 18th in the amount
of 32,338.57.
Donnell: Second.
Wardle: Ifs been moved and seconded to approve the turnoff list. All in favor? Any
opposed? Motion passes. Thank you.
MOTION CARRIED: ALL AYES.
Item 18:
Discussion of Black Rock Subdivision by Brad Watson, Public Works
Director:
Wardle: Item No. 18, a discussion of Black Rock Subdivision by Brad Watson.
Watson: Thank you, Mr. President. If I may, lid like to just pass out a hard copy of this~
It didn't get into your packets last week, so if I can take a minute to do that. Mr.
President, Council members, I think you know the background on this particular project.
Mr. Wood has been before you two times over the last year. Last July -- Council
Member Donnell was not here at that time, but he also on March 1 st talked about this
project. This proposed project has about 220 acres, 50 of which would -- is approved
through Ada County for a non-farm on subdivision with 44 lots, build-able lots. United
Water Idaho at the -- on Mr. Woodis behalf, petitioned the Public Utilities Commission
this spring to extend service -- water service into this area. The subdivision is outside
the area of impact, but within that thing called the referral area. I provided written
comments to the pue in April asking them to deny the entire request. I think I have --
may not previously given you those comments, but I will. United Water's attorney
provided me five -- testimony on this application. I agree that the area that was within
the City of Meridian area of impact is deleted from United Water's request to expand, as
is indicated, the service area. The final order from the PUC came to me yesterday.
That is included in the back of that packet that I gave you. They do grant the expanded
certificated area to United Water, less the area that is within Meridian's area of impact.
Anna Canning and I met with Mr. Wood earlier this month to discuss options on this
property. The four that we came up with -- Mr. Wood thinks there is only three, but
there are four~ One is a city-operated community well. Somehow we would work with
Mr. Wood to get a municipal type well constructed and we could operate a satellite
system. The second option is to extend city water to serve this subdivision. According
to Len Gradyls modeling, it looks like we would need -- there would need to be about
8,400 feet of 12-inch line just to get to the site. We didn1t talk about who would build it
Meridian City Cou ncil
May 171 2005
Page 24 of 43
and costs and all of that. The third option -- well, I will give you the fourth option first,
because it's very short, and thatls the do nothing option, where no development takes
place until we do have services out there. Thafs the one that Mr. Wood is, obviously,
not interest in. Number three is the one that probably would have the most discussion
around it and that is releasing that area, in addition to this three square miles you see
on the screen that are shaded in I think light blue from the referral area. The sewer has
been master planned outside of the impact area to the south and does go through this
three miles -- three square mile area in two different spots. The existing city limits are
presently a half-mile north of Amity Road. There are several pending applications that
would bring that to Amity Road, thereby making this application -- or this project a
quarter mile away. Without going into too much detail, there are -- well, you havenlt
approved those pending applications, obviously, so we cantt presume that those will be
approved at this point in time. We did just a quick analysis on the implications of
releasing that area back to Ada County. Or I guess itls not really ours to release, but no
longer have any -- within our referral area or trying to extend area of impact to include
those three square miles. Based on some information I got from our finance director
and some assumptions on density and home value out in that area, it looked like the
annual property tax revenue lost would be a minimum of about a million dollars a year,
all the way up to three and a half million dollars a year, depending on, of course, density
and home value. The one thing that I do need to point out and make everyone very
aware of, not just for this particular issue, but for many issues that are going to be
coming your way is, is that the sewer capacity in the south is -- is getting chewed up
very very very quickly. With the preliminary plats that Council has approved, there are -
- I have got my numbers backwards. With the pending applications and the ones that
you have approved, there are only about 300 units -- equivalent residential units of
capacity left in that area. The pending applicant, since they do not have an approved
total -- about 870 lots, so what has been approved with -- only whafs been approved by
our -- about 1,100, maybe 1 ,200 units left out there. But, as you know, those are going
pretty quickly in that area. 11m going to let the planning director offer a few comments at
th is point.
Canning: President Wardle, Members of the Council, 11m sorry, ifs just when we
discussed this before, welve had a lot of discussions -- it seems like once a month they
crop up about this whole area here and, in particular, in this area, the furthest extent of
the sewer reach for this line and there seems to be some question as to whether we will
ever get there -- that some of these properties would, really, seem to be able to develop
easier in Boise city or Ada County, actually, than others. And, then, I did just want to
point out some of the very odd parcelization that's gone on down here and we have
seen in these kind of circumstances where ies very difficult to effectively develop and
that's one of the reasons we felt that Council may want to consider whether they should
be in the area of city impact or not. I mean if it was large 40 acre or 80 acre or 120-acre
properties, we probably wouldnlt be having this discussion, but aside from the sewer
constraints there, it's a parcelization pattern and that may not lend itself to real easy
development of this area in the future. The fire district boundaries does go to Columbia,
though, correct, Mr. Silva? It goes to Columbia? It goes to Lake Hazel. Which I was
pointing at the right line, just called it the wrong thing. Sorry~ So, the fire district
Meridian City Cou nci I
May 17~ 2005
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boundary does come down to Lake Hazel. So, if those were incorporated in the city of
Boise, there is some potential that the fire district could lose some of their area. Those
were the only additional comments I wanted to make.
Watson: Mr. President, I think I was done with my presentation, but certainly be glad to
answer questions.
Wardle: Okay. Council, questions for Brad?
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Brad, I see United Water is willing to get a well out there. What's the county going
to do as far as the sewer? Are they going to allow septic tanks or a community sewer
like we have got at a couple locations here in the county or what?
Watson: Mr. President, Councilman Bird, I believe -- my understanding is from the
applicant that they will be doing a community wastewater system for the non-farm
portion. I don't know what the ultimate proposal would be, other than Boise city bringing
central services to it via a lift station.
Bird: Thank you, Brad.
Wardle: Brad, let me ~sk for a little clarification here. Are you asking the Council this
evening to choose one of these four options? Is this for information? What would you
like as an outcome?
Watson: Mr. President, I think staff or Planning and Zoning and Public Works, we need
some direction on what we are going to do out in this area. As Anna mentioned, we
have had several discussions at your level and numerous ones at our level, on a
property down here that is or was owned by Bradford and Camille Shaw. We have had
this one here that is owned by the Calvary church. They have been in front of you and I
have met with them numerous times. We have a golf course here that isn't going to
redevelop in residential, so -- but we just -- we are getting these questions out here and
we don1t know what direction -- at least I don't know what direction to give them as far
as temporary service, service some day, never -- I feel like we are at -- I hate to use that
term, because ies getting over used these days, but the tipping point on this property out
here. We either need to -- well, we can't serve it We can1t serve it with sewer. We just
canft right now. I mean we probably could squeeze one -- well, another half mile into
the capacity we have, but we can't until the Black Cat crosses the interstate. That gets
back into that whole Ten Mile interchange transportation issue subject. So, yeah, I
guess I would like some direction on one of these four options and, as I said, number
four is probably not the one that really means anything.
Bird: Mr. President?
["
Merid ian City Coun eil
May 17, 2005
Page 26 of 43
Wardle: Mr. Bird.
Bird: Brad, I want a recommendation -- I mean if we was to go ahead and get a well out
there and let them put in some kind of a sewer system, do you want to inherit that sewer
system, like you1re going to on a couple others?
Watson: Mr. President, Councilman Bird, as you recall, we went down this road with
another project on Linder and Victory area and it turned into a long, long, long process
of back and forth. 11m not saying we cantt do it, we could -- we have a lot of skilled
people that could run a system and if we were allowed to review plans, make sure it's
built to our specifications, we can do that. But what thatls doing is driving up the
developer's cost to the point where I -- he's already got preliminary plat approval from
Ada County and now he's got approval from United Water. The only thing that may be
lacking -- and Mr. Wood is here if you'd like to question his approval on the community
septic system -- or wastewater system.
Bird: Does your -- what is your departmenfs -- whatrs your feeling that your department
would like to see happen here, given all the circumstances and the history?
Watson: Councilmember Bird, issuing 300 building permits a month is probably not the
best frame of mind for me to answer this in, but 11m not confident we can get sewer
there anytime in the near future and operating a satellite system -- or we can do it, it's
not another thing that we really want to be burdened with. We are busy enough. If you
do one, I think there wil! be others that come in, follow right along. I donft want to do a
subdivision where we provide the water and don't have the sewer necessarily.
Bird: I agree with you a hundred percent and, on the same token, the developer isn't --
isn't going to go by your specifications on a sewer system if itfs going to cost him -- if it's
going to hurt his penciling OUt9 You and I both know that.
Wardle: Council, would you like to hear from Mr. Wood?
Rountree: Sure.
Bird: Sure.
Wardle: Please,
Wood: My name is Dan Wood. I live at 2025 East Chateau in Meridian here.
Councilmember Bird, we do plan on interiorly, meaning the 44 lots, to develop that
according to the City of Meridianls specifications. But the actual sewer system, the
treatment capacity, we are doing a self-contained system, you know, thafs -- thaes
been -- what, is under -- there is one being built out in Eagle right now. There is one out
in Kuna right now. There are a number of other places. But, ultimately, ifs treated right
there on site and, ultimately, itts clean water and from there we are going to put it on the
Meridia n City Cou nciJ
May 171 2005
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ground that we have, with the plans that when the city did come, that, ultimately, that
would have to be abandoned and homes up -- you know, the 44 homes we have, we
would attach, then, or it would be attached. Of course, it creates more problems, then,
too, you know, because those homeowners are -- who knows, they are not going to be
real excited about it, but we also realize that, you know, that's going to be in the CC&Rs
and we are going to disclose all that, that some day the City of Meridian will own this,
but for now that doesn't mean when the city might get there and from what the dates
were thrown around the other day, it could be as far out as 2010. And so who knows
what it might be then, so -- but I want you to know that our plans were to do it the way
the city has it done. JUS submitted the plans to DEQ. Be more than happy to have
Brad or whoever take a look at them. I mean thars -- just to see if that is the case. So,
like was mentioned before, you know, even though politically the city wasn1t ready to go
out in this part of town, you can see there is an application that I got notice on that's
going to take, if approve, would front on Amity, which potentially puts it only a quarter
mile away from -- which is only one property owner, so that -- so, I hope that answered
your question.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Yeah. Dan, it does. And I realize that, but the thing -- you know, the thing that I
don't want to see the city have to get into -- we have been very fortunate by putting
some service out to a couple of subdivisions and, then, when they got contiguous, we
brought them in and we didn't have one complaint. We never had one complaint, thank
God. I don't want to get to the point of Boise. Yeah, you can put it in your CC&Rs, you
can do whatever. Are you going to be the only real estate agent there? Okay. I mean
we can be like out here at Crossroads, you know, those people -- there was a big sign
that said commercial coming, but their realtors told them they wasn1t going to be there.
We had -- we had resident after resident in here testifying to that. And that's what
happens. And, then, the City of Meridian looks like they are taking ground, you know,
and you think these people are going to put in a sewer system now and, then, be real
happy to pay our 6,000 dollars hookup fee or something?
Wood: I understand.
Bird: And that's something I think as a Council we have got to decide if we want to put
to future -- because this is going to be a future Council. Now, Shaun might be young
enough to be still on it, but --
Donnell: Are you offended Councilman Rountree?
Rountree: No. I'm proud of it.
Bird: I just feel that -- I donlt know how -- 11m not sure I want to put us in that kind of a
deal. And I know, Dan, that you would -- you know, what you say we can go to the bank
Meridian CUy Council
May 17t 2005
Page 28 of 43
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on, but you're not going to build every house and you're not going to sell every house
out there.
Wood: You can put it right in -- you know, the other subdivision that we did out -- that
we got in the county, you know, we put it -- it's like the first item we put on your CC&Rs,
but when the city of Boise annexes, there will be people that said we never knew, but,
yet, it's right on the face of the plat and it's the first thing in our CC&Rs but -- and there
will be confusion -- or there will be misstatements and to agents saying this or that, I
wonlt disagree~ I mean you just do the best you can and try and notice as much as you
can, but, inevitably, you won't satisfy them and that's something that is -- you know, you
keep trying to circle us to try and find a better way to do it, you know, so that we don't
have that issue, and that's why I have been here a couple of times to say, hey, is there
a way we can work it out and I have talked with staff a couple times, but the way the
city's is I understand and so that1s why have been going down that route and it just
happens that this piece is so close to United Water and Boise that all of a sudden it's
like, hey, if youlre going to do a satellite well, maybe we ought to look at providing, you
know, United Water right to them. Well, they are about just as far away as the City of
Meridian is, so when, you know, United got the objection from the City of Meridian, it's
like, okay, let's go talk to the City of Meridian. We always intended -- and it's not only
me that's involved in this. There is partners involved and I just happen to be the only
guinea pig that comes up here. But, you know, we have always intended it was going to
be a Meridian subdivision. But, like you say, jf it's -- you know, politically it sounds like
it's going to be a ways out there with -- you know, and traffic's only getting worse in
northwest Meridian and without that Ten Mile I can see it potentially being awhile, but
sewer is going to be right to this ground here if capacity was theref so --
Bird: Okay. You answered my question.
Wardle: Thank you~
Watson: Mr. President? If J may, just to make one clarification to make sure we all
understand. If you do consider this release from the referral area, what -- what I would
take as direction is that be removed from our sewer master plan area and that we are
not serving that ultimately with sewer. That means this will be generally to lower density
Ada County stuff or the cluster stuff, because United Water, if they are going to come
here, they come out just to do a little subdivision, they will take this whole three square
mile area and, then, we get into the same situation that southwest Boise has and I don't
look fOlWard to that. Thank you.
Wardle: Council, is the decision that you would like to discuss some more, make this
evening, potentially bring back a recommendation?
Rountree: Mr. President?
Wardle: Mr. Rountree.
Merjdian City Council
May 17, 2005
Page 29 of 43
Rountree: I guess I'd like to share some guidance from Mr. Nary in terms of this is in a
referral area, I don't know -- I don't see anything -- official request to extend this area,
but that's something that1s being talked about. Is that something that needs to be
brought up in a Public Hearing or can it just be an action from the Council? If we don1t
exclude the area, it sounds to me like approval has already been granted to subdivide
and provide water and it's got a package point for the sewer. So, what is our say in this
situation? Refresh my memory. Itfs been awhile.
Nary: Thank you, Council President, Members of the Council, Councilmember
Rountree~ I don1t think -- and Brad and Anna can correct me if I'm wrong -- I don1t think
you have to do any of these actions tonight. I think you're right, I mean the projectls
been approved to this point by the county. The issue was is how is the water going to
get there and right now there is an issue -- I think the portion -- if I understand this
correctly, that portion that is -- we discussed in this Black Rock, the one thafs outlined
in red on that picture, is wholly outside of our area. The original request by United
Water came, actually, across Amity Road and up to this property, as well as the part
thatls yellow and green. So, right now this property is already -- or this development
has already been approved as it is, so Mr. Wood just has to figure out how to get water
there, whether the city is going to provide it through some cost share or something else
or he's going to have to do a well or something -- something different. I guess my belief
is what the staff is asking is that this is not the only piece of property, this just happens
to be a larger one of those and is seeking direction from the Council as to how do we do
this, do we continue this master planning toward this area all the way down to the
southern boundary there at Columbia or do we basically stop the planning area at
Locust Grove, because_ I think -- Locust Grove all the way down to Columbia allows
these properties, basically, to be out of the referral area and if that's the decision of this
Council, then, you direct the staff simply to begin that process of whatever we need to
do to notify Ada County that we no longer consider that to be part of a referral area or
our future growth area and off the top of my head right now I couldn1t tell you specifically
beyond just the letter of notification of the county if we need to do more than that. But I
think thafs -- that's the reason we are having this discussion is this area is -- I think, as
Brad said a number of times, it comes up often to the staff as to what to do and this just
happens to be part of the discussion today is how does this water get to this particular
property. Currently United Water is eligible to serve it. It's more of where the area of
impact touches us that we are trying to deal with. Now, did I get it wrong? Am I off
track? Okay. I thought thaes what -- that was the reason we are -- if you chose to do
nothing now and think about it, nothing bad is going to happen. You can say I think it's
just that we need to have this discussion at some point and put on -- if you1re not -- if
you don't feel comfortable making a decision tonight, I would simply suggest that you
put it back on your agenda within two weeks -- or I guess it would be three weeks if
you're not having a meeting in two weeks.
Rountree: So, the only -- the thing J'm hearing, then, is that at this point, other than this
particular subdivision being in the referral area, ifs not in our impact area, unless we
choose to extend the sewer and/or water into the referral area, ifs a moot point.
Meridian City Council
May 171 2005
Page 30 of 43
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Nary: Councilman Rountree, thafs correct And the referral area is simply that,
because it is a future planning area as well, they provide us with that option for input,
but that was the key reason in the order from the PUC that they opted not to grant our
request to deny it} that the only issue becomes is if we are ever going to grow in that
direction, then, we need to have some direction about that. If the Council's desire is not
to go in that direction and simply stop at Locust Grove, thatls fine as well.
Donnell: Mr. President?
Wardle: Mrs. Donnell.
Donnell: Brad, help me understand the map thafs included with this packet. Everything
thafs there is future on this map?
Watson: Mr. President, Councilmember Donnell, the brown Jines are future sewer
trunks and are included in our sewer master plan.
Donnell: Where is our current sewer? How far does it -- where is it? Off the map,
obviously.
Watson: No. Ifs -- if I can point at the screen. It exists to this point on the southern
boundary of Tuscany Lakes Subdivision.
Donnell: All right On Locust Grove?
Watson: Just off of Locust Grove.
Donnell: Okay.
Bird: And the other one isn't at all.
Donnell: All right. And, Mr. President, follow up?
Wardle: Mrs. Donnell.
Donnell: I really would like some time to about this. Being one of those people who
likes to control the world, I don't think that -- that J like the idea of giving up any kind of
control in this part of the world and I understand staff's concern about being able to
provide services and what kind of impact that is on them, but -- so I would like to
suggest that we do give some thought to this and bring this back in a couple of weeks
for possibly a decision at that point
Bird: Mr. President?
Wardle: Mr~ Bird.
Meridian City Council
May 17t 2005
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Bird: I need one more question out of Brad~ Brad, if I remember right, this is JUS's --
off of their sewer deal, wasn't it, that we had done?
Watson: Councilmember Bird, that is correct
Bird: And if I remember right, every line they drew was gravity flow and no lift stations;
right?
Watson: Yes.
Bird: Okay. So, this was all gravity flow?
Watson: Yes.
Bird: I think that makes --
Donnell: And would continue to be? J mean thafs all the way to that furthest point is all
gravity flow?
Watson: All the way to the upper end is gravity flow.
Bird: All gravity flow.
Donnell: And so, Mr. President, if I might?
Wardle: Mrs. DonnelL You bet.
Donnell: Then, as -- if I understood what you were saying here, Brad, then, if Boise
were to provide sewer services, they would have to put a lift station in; is that right?
Wardle: I do not intimately know the master plan, but I believe they would have to pump
over into their Cloverdale trunk once ies in this area.
Donnell: So, they are coming in an opposite direction?
Bird: Same thing they did at Centennial and Bristol Heights and all them. Thanks to our
school district.
Canning: Mr. President, one quick comment if I might~ It occurs to me that there is one
basic assumption that staff made that we haven't made clear to you all, so I just wanted
to make sure you were aware of that and that is the assumption that if United Water
includes this in their service area, that that is something that the city does not want to,
eventually, annex -- to have them actually in the city limits. So, thaes why this issue is
coming to you now, is because it's -- jf you don1t want United Water in the eventual city
limits, then} we need to make other arrangements to get water to Mr. Wood. So, that
was the sense of urgency that had not -- I mean itfs not urgent urgent, but he needs to
Meridjan City Council
May 17t 2005
Page 32 of 43
know fairly quickly, so that we don1t allow United Water to go into what will eventually be
the city limits.
Bird: Mr. President, can I ask a legal question? Clear this up. I think I know the
answer, but jf -- jf and when we annex that, having our own water system, if United
Water is in there, they still get to stay there, donrt they?
Nary: Mr~ Bird, yesf they still get to stay there and I appreciate Mrs. Canning pointing
that out. J think that's the only urgency that you have, is that right now United Water has
authority to go serve the Black Rock development. If you don't want that, then, weld
have to provide it in some fashion in some reasonable time for Mr. Wood, otherwise, he
can ask that United Water do it. So, that is the one urgency, I guess, that f wanted to
make clear, that I don't think Mr~ Wood wants you to take too long to make that decision
on what you1d like to do.
Wardle: Mr. Watson, I will just offer my quick opinion for you and if any of the Council
would like to add theirs -- J think we need to have this discussion about the area. 11m not
prepared to make the decision tonight about whether at anytime in the future we should
annex the property or not~ Certainly I think that we are not going to be able to serve --
the very very far corner if we are not going to be able to serve that with sewer, even in
the future, then, we need to potentially look at removing that from the referral area. As
far as water servicef I know that the cityls had a history in the past of holding along our
water system. It appears that United Water is available to serve this piece and while
certainly thafs not to mean that we like to as a common sewer thing within the city, at
this point in time I doo't think that the City of Meridian is prepared to make other
arrangements for water and so we can -- I hate to say put that on another Council, but it
doesnlt appear to me that we have a choice. We will have the choice whether to annex
the property when we become contiguous and that will be, really, the choice that we will
make~ Does that spark anything in --
Bird: Mr~ President, I just have -- you know, I have a -- 11m like Councilwoman Donnell, I
don't like to give up any area, but I also understand developers have to have something.
And I absolutely do not want United Water coming in our territory. We -- I have a feeling
that we have a problem at one location now thatls going to surface. So, I see where
Brad says that it's about 8,400 lineal feet to get our water down there, whether thatrs the
right way to go, but 11m with you, Mr. President, I think it needs to come back -- what
would it be, June 7th -- and give Mr. Wood an answer, because he certainly deserves
one, and J would be prepared to do that.
Wardle. Okay. June 7th~ Do the rest of the Council -- let me clarify that, Mr. Bird. On
the issue of Meridian providing water service to this specific development, we would
answer that question on the 7th?
Bird: I would expect that we should -- you know, that should be part of our answer is
that, and Mr. Wood's taking care of the sewer, so --
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May 17~ 2005
Page 33 of 43
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Wardle: And I believe that's already it the process and still have some approval time.
Okay.
Bird: Because, you know, ('m to the point that if we can't keep the water and sewer, I
don't want our -- I don't want our people being billed by another water company~
Wardle: Okay.
Donnell: And, Mr. President, just to follow up.
Wardle: Okay.
Donnell: I think, if I heard what Brad said -- and perhaps, Anna, you as well, is that staff
really would like to know -- to have some direction as well, not just on the water issue,
but on other issues that come forward in that area; is that right? So, you really want us
to think about more than just whether or not we should provide water or not? Don't
make us think too hard now.
Canning: President Wardle, Councilwoman Donnell, one of the -- clearly the United
Water issue is the only urgent issue. The other issues can certainly wait for some time.
And one of the enhancements I have requested is to study all of the south county areas,
so I think that that issue may come up. Ifs certainly one that needs to be addressed
within the next couple of years at the latest, so --
Donnell: The next couple of years at the latest?
Wardle: Thank you. Then, Council, if you would agreef I would ask Brad to bring back
June 7 a -- as a department report either a positive or negative answer as to the water
service for Black Rock Subdivision. Okay.
Rountree: Mr. President?
Wardle: Mr. Rountree.
Rountree: I would like to have staff provide us some -- just bullet points, the pros and
cons in this particular area as it relates to its potential for the City of Meridian. I hear the
folks that want to control it not wanting to lose control, but I donrt know necessarily fall
on that particular venue, so I think there is probably some advantages to not possibly
having it as part of Meridian as well, so -- other than the sewerability, which, you know,
if it all gravity feeds, that's certainly the most economical thing to do for us and/or the
developers in the future, but are there some other issues as it relates to other
infrastructure, as well as just the community itself that are advantages or disadvantages
and it's not a homework assignmentJ but if you'd provide some of your thoughts it would
be helpful before the 7th.
Meridian City Council
May 17, 2005
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Wardle: Mr. Rountree, just to clarify one of the issues, you mentioned that -- to have it
not in the City of Meridian. One of the things that r have heard is, really, the decision is
-- is whether to -- is the water issue and -- which certainly doesn't preclude annexation
in the future.
Rountree: No.
Wardle: But would, obviously, have a different water provider. Great. Does that
provide us enough direction, Brad?
Watson: Yes. Thank you.
Item 19:
Department Reports:
c. Legal Department - Bill Nary
1. Proposed Policy Changes:
a. Bereavement Leave:
b. Education Reimbursement:
c. Introductory Period of Employment:
d.. Compensation Program:
e. Clothing Attire and Allowance:
f. Military Leave:
g. Director Benefits Program:
h. Trial Service Period for Promotions or Transfers:
Wardle: Thank you very much. Item No. 19 has been moved from Item 6-C. Legal
Department, proposed policy changes. Mr. Nary.
Nary: Thank you. I thought lid get out of the chair, since I always sit over there. A few
weeks ago J brought a bunch of ordinances that we had been working on and this week
we have a bunch of policies, so I don1t want you to think I was just sitting around
drinking coffee like most lawyers do~ Most of these policy changes have been directed
by you, some of them haven't, so I want to explain those. Some of them have come up
in application and the way our policy manual is worded, if there is an issue of
interpretation, it's my decision on to how to interpret the policy. What we have done is
try to make sure the policy makes sense and if we need to clean it up to make it clearer
in the future -- most of them are fairly simple. The first one I will just be brief and stop
(
Meridian City Cou ncil
May 17J 2005
Page 35 of 43
me if you want to discuss any of these in more detail or you have changes you want me
to make. The first one, the bereavement leave, basically, it came up because the issue
has come up in the past. We have always applied bereavement to family members~
whether they were step-family, whether they were half brother or a half sister, we never
-- we never in the past, from what I have understood, ever applied that to somebody
they weren't allowed to take time off because it was a stepchild versus a natural born
child, so we just clarified that in the policy. The question had come up about it. I don't
think it's a huge change. Education reimbursement. We already have this policy
regarding reimbursement for employees to classes that are related to their employment.
They have to be approved by their department director, but there is a thousand dollar
limit and what we discussed at the department director level, that there are occasions
where we thought it would be more appropriate to give the director that discretion within
their training budget, with some other approvals, to allow for reimbursement that might
exceed a thousand dollars. The reason being is is that -- I guess the rational I can think
of as the most simple way to explain it, if you were going to send an employee to a
course that was a week long and that was in another state, it might cost more than a
thousand dollars, but if it was related to their employment and we felt we were going to
get a value out of that, we probably wouldnlt blink, we would look how much was in our
budget, weld make a decision to send the employee or not~ If they are going to a class,
instead, at the University of Phoenix or Boise State or NNU or something like that --
and, again, ies related to their work, the city gains a benefit from it, with a cost of 1 ,200
dollars, instead of a thousand dollars, the employee is out 200 dollars of their own
money. It doesn't seem to make sense to do that. It seems like the director should
have the discretion to decide that it's going to benefit them, maybe that employee who is
attending classes, is n_ot going to go on an out-of-state training, because they are
attending class instead and that's the kind of reimbursement and education that we are
trying to provide for the employee and provide some level of flexibility~ It didn't make
sense to turn back 500 dollars out of your training budget and, then, have an employee
suffer a hundred dollar loss on the cost of a book or a course or something like that,
when we could reimburse it. That was the intent behind that. The introductory period of
employment This was a bit more complicated than 1--
Bird: I got a question.
Nary: Uh-huh.
Bird: On item number two in the procedures and related, the department director may
consider reimbursement in excess of a hundred thousand for registering --
Nary: One thousand.
Bird: -- with approval of the Mayor. I would prefer that to say approval of the Council.
Nary: Okay.
Donnell: And, Mr. Nary -- Mr. President?
Meridian City Cou ncil
May 17, 2005
Page 36 of 43
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Wardle: Mrs. Donnell.
Donnell: Just a thought about that. This really puts the onus on your department heads
and runs the risk of them favoring one over another, if they have that kind of discretion
as well~ I mean thaes just a thought. And I'm sure you have probably all discussed that,
but --
Nary: And, certainly, if we change it from the currentf which is a thousand and it just
says if it's in excess of that, then, there needs to be more approval, I can certainly insert
the word Council in there instead. The introductory period of employment, just to give
you a little brief history, one of the things Chief Worley told me when he was the chief
here is that if I ever had the ability to change this policy specifically, to make it not
remind everybody on every other line that they are an at-will employee and we can
terminate them at anytime for any reason, that's what we should do. He found it to be
so onerous for new employees and it sounded so cumbersome on a new employee to
drill that into them so hard. So, I tried to make it clear that we are still an at-will
employer, but not necessarily include it four times in the same policy, because it was
already in there enough. We also wanted to make sure that it was clear we could
extend the introductory period that we sometimes have for employees to 90 days. It
requires the Mayor's approval on every one of those -- the Mayor doesn't need to sign
every one of those things, it doesnrt make much sense, as long as the human resources
department is part of that discussion, I think it makes more sense. Legally I think that's
adequate~ The other thing we did -- we took out section six, because thafs now the one
that's called trial servic~ period. The reason I took it out of this policy is it's two different
concepts in the same policy, it doesn't make much sense from an employeels
standpoint. When you1re talking about introductory period for brand new employees, it
doesn1t make much sense to mix in something else and so that's why we took it out and
put it in another place. The compensation program -- when we do the budget
presentation, I'm going to be proposing a different method as to how we group our
compensation plan and how we group our different categories, because we have 21 pay
categories for exempt employees -- or for non-exempt employees and eight pay
categories for about 15 -- well, about 20 different jobs for exempt employees. Ifs real
cumbersome and most everyone I have spoken to since I have been here never could
understand how we came up with these methods. They don't seem to make much
sense to the general employees, so I will be proposing a change, but this policy is more
of a cleanup to remove the cost of living requirement. A year -- or last October we
discovered in our policy that we had actually mandated ourself to require us to give
cost-at-living increases to all employees annually and the Council direction at the time
was that -- that isn't the way we are going to do business. We are trying to move toward
a merit-based system as the direction weld like to go. All I have done here is remove
the cost of living as a mandatory requirement annually and the only other change to that
policy is that the current policy says if an employee exceeds their pay range, then, they
are entitled to only one more pay increase and, then, all they are entitled to is cost of
Jiving. Well, again, if we eliminate cost of living, then, they have nothing, that doesn't
make much sense~ What J have included and if you want me to change it I certainly
Meridian City Council
May 17, 2005
Page 37 of 43
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(<:... \
can, if we are going to move to a merit-based system, what I have included in here is
that once they have exceeded the pay range, they still can be entitled to their merit
increase, but we would give them in a lump sum amount, it wouldnrt go to their base, so
that their base would still have to wait until their pay range caught uPJ but they still could
receive a merit increase. I think that's a better benefit to the employees, it provides
better incentives, we have a number of -- well, a small number, but a number of
employees who are senior, have senior level positions, or are in a position where they
have been here a long period of time, all they have gotten for a number of years is cost-
of-living increases and we are very fortunate that we have such great employees, that it
has not been a disincentive to their performance. They are almost always still the
higher performers in their department, yet they are getting the one, one and a half
percent increases and that's all they receive. Clothing attire. This one has been our
policy, but it seems like ies gone a lot longer than it really should have. It's been held up
a little bit, because there was some discrepancy in the departments on safety clothing
and how to issue that. I tried to clean it up to make it clear. Basically, if we buy into the
-- if we buy them clothes to wear to work, then, that's what you have to wear. If you're
going to get attire in your department, you're going to purchase ones that have city
logos on them or things like that, that you can only have city logos on items that actually
can be worn in the workplace. I don't think it should be a real problem, but J wanted to
make sure that never -- never became an issue. And that, ultimately, the department
directors are responsible for the -- responsible for the people that they supervise. One
of the questions that come up a number of times -- and itls really hard to craft -- and I
have looked at a number of different policies -- it's really hard to craft a policy that fits
everyone. But the department director needs to be responsible for their own folks and
setting that tone and setting that example in that department and making clear what the
expectations are. Honestly, employees that have a tremendous amount of interaction
with the public will have a different standard of attire than those that don't. Those that
work in an office setting will have a different standard than those that work in a more
blue-collar maintenance type of function. I think it makes more sense to let the
department directors deal with that, rather than trying to fit a one size fits all, and, then,
we -- you know, when the Mayor asks me who is supposed to tell this person not to
wear that, I can tell her the policy says you go tell the director, the director can deal with
the person~ That makes the most sense to me. The military leave policy is just to catch
up. The Council actually had directed this before and we just hadn't gotten the policy
cleaned up. This simply allows employees who are on active military duty, would allow
their family members to remain on our medical program, as long as they pay the CQ-
payment each month, like all other employees do and if there was a gap in pay between
what the employee was making and what -- for the city and what they are making in the
military, that the city would make up that gap in pay -- basically paying that out of the
salary savings while we hold the position open for the employee. The director benefits.
This one is real popular with some of our colleagues. The direction I have received both
from Mr. Bird, as our liaison, as well as the Mayor, is that in our policy we don1t
distinguish at all between directors singling out employees or general employees when
we hire them or when they begin their employment with the city. One of the things we
have been very fortunate -- that hasn1t been a recruiting problem to date. It hasn1t been
a retention problem to date, but in a very competitive market that we Jive in and a very
Merjdian City Council
May 17t 2005
Page 38 of 43
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competitive environment we live in, both the Mayor and Mr~ Bird felt we needed to
address that in some fashion~ I tried to fashion -- and the directors all -- we all
discussed it, trying to fashion -- they necessarily weren1t all monetary in nature, although
some of them are, and some of them are, but that would provide some incentives and
here are the reasons for them~ One -- the first bullet, obviously, is no introductory
period of employment. All the directors are appointed, so they serve under a different
system anyway, they serve at the pleasure of the Mayor and the Council anyway, so
having them fall under the introductory period of employment where they say in six
months we are going to reevaluate you doesnrt make much sense. I deleted that. The
annual leave accrual is increased. Right now directors when they start, start at zero,
like every other employee, they accumulate eight hours a month and they accumulate it
on the -- on the increases as designed for all employees in there~ The problem with that
-- for example, Chief Anderson that we just hired, 24 years of experience with the City of
Nampa, he was accumulating vacation at 20 hours a month. He comes here and he
has zero. He starts at eight. It doesn1t make much sense~ Didnrt, obviously, drive Chief
Andersonls decision to come to work here, but it doesn't really make much sense when
youlre trying to recruit a senior level person to be a director of your department and,
then, tell them start a zero and -- because you arenlt always going to be able to attract
the best candidates if you need to do that. The next one is half of the accrued vacation
leave annually I put it in deferred compensation plan. One of the things the Mayor felt
was very important is that the message that we send to all of our directors is that we not
only care about you working for us today, we want to care about you staying with us for
the long haul and what happens to you when you do leave, when you do retire from the
cityls employment. It does allow this type of diversion~ You have to do it in what -- you
have to do it in this caJefldar year for the next calendar year. Rather than cashing it out,
which sometimes does not look very good to the publicf we would simply put it towards
the deferred compensation program. We already have a couple of them that exist for
the city, so we can divert -- essentially, there is a monetary impact, of course, to the city
and Stacy was going to workup those -- this -- if we were to implement this policy, we
couldn't actually implement this until 2006, because theyrd have to make that election
this year. Again, I don't think from a dollar standpoint -- Stacy would have the final
numbers, but I don't think itls going to be a significant cost for the city. The first year
there may be a lot, because directors have a large accumulation of vacation, maybe,
but after that, after they took half of it out each year, the benefit on the other end is that
if the director left, you would have less of a pool to pay back to them when they
separated, because it puts some of that away each year in deferred compo The city
match was another basically part of that The city would match a portion of the
director's salary -- two percent is what was proposed here -- up to two percent. If the
director put in less than two percent of their own salary into the deferred compensation
program, then, the city would only match whatever they match. It was another, I guess,
a benefit, really, of trying to entice higher quality folks, senior level folks, when we have
that need, or retaining folks as well. You know, in the private sector thafs not an
uncommon type of thing, profit sharing and things like that, in the private sector that
they can offer. This is the only way we can match that to some degree. The bank of
hours is another issue that comes up periodically~ Again, when we start as directors like
myself, you start here you have zero sick leave, you have zero vacation, you donlt have
Meridian Cj ty Cou ncil
May 17. 2005
Page 39 of 43
any time on the books for any -- and for some folks having a little bank to make sure
that they could take off time for a three day weekend to go do something or if they are
sick in the first couple of months and they have to deal with, you know, an illness in their
family or themselves, having a little cushion for them -- most private sector places may
give you even more than that, but we felt that was adequate of two days of annual leave
and, basically, a week's worth of sick leave~ Again, itls a soft cost to the city, so it's not
a real significant monetary impact. Next is the life insurance coverage. Currently, all
employees, the city cover a 25JOOO-dollar life policy. There is not a significant cost to
the city. We can increase that for the directors if we wanted to. Again, the idea was
trying to provide the message that we care about kind of everything that happens in
your life and you being a part of what we are doing. The other thing, just to back up,
one of the things I added in here was to make it clear that directors are accountable to
the Mayor and the City Council and the citizens of Meridian.. A few years ago we had
an issue where there wasn't always -- at least to me, when I was sitting up there, it
wasn1t always clear to me that the directors always had that message that their
accountability wasn1t just to their department, but it was also -- and certainly it was clear
that they had an accountability to the Mayor and the Council, but it wasn1t always to me,
at least, clear that we also -- always had a responsibility to the citizens. You know, we
do manage the money with you on how we spend the citizens' dollars, how we manage
the operations of the city, and I just added in here -- as one of the reasons why we have
to even consider these types of benefits differently than we do for general employees.
Most general employees donlt have that same responsibility. Of course, they do -- it's,
again, as a report to a director. The last one, this is just -- actually, it was Mr. Bird's
impetus for this. There is, hopefully, never going to be this type of occasion -- you
know, most of you are familiar with family medical leave and if you have adequate time
on the books, then, if you have an illness or you have a serious medical condition that
requires some treatment time or something else, then, you have a job security and take
your time off to be able to do that. Well, again, a lot of the directors don1t always have
that especially some -- most of our directors are fairly new, they don't have a
tremendous amount of time in the books. We do have a short-term disability plan. The
city already provides that. That's a benefit. What this -- what this proposal is is simply
that if that -- if the director doesn1t have adequate time to make up that 21 day waiting
period thafs necessary for the -- for some disability to start, that the city would cover
that difference. There, again, may be a fiscal impact to the city again, I hope that this
isn1t going to happen very much. I don't know that it's happened really ever, but if it
were to happen, the city would cover that basic difference in the 21 days. That pays
you 60 percent of your salary, so it doesn't pay the entire salary, so -- but, again, we
wouldn't be replacing the director in the interim, so it would be to make up that
difference, sort of the same idea we have with military leave. The director, while they
are off on this leave, weren't going to lose their paycheck or have their pay cut, so they
have to deal with that loss as well, a pay, as well as the time off that they have to take.
The long-term disability, the other portions of this, is the same idea, it's to provide that
gap coverage to make sure you get all the way to your 90 days, if necessary, and, then,
that they would cover that. I only added on an additional 90 days, because at that point
you're at a six month window, 90 for short term, another 90 in long term, at that point,
180 days for the city, I felt, as well as the rest of the directors felt the city is going to be
Meridian City Cou ncil
May 17, 2005
Page 40 of 43
making some decisions at that juncture. That director is going to have to make some
decisions as to whether they can return to work any longer and we probably couldn't go
much longer than that without a director in place and with just an interim person having
to fill that gap. That would at least cover that window for both the director and the city.
We haven't had very many people even get into long-term disability. Ifs kind of been --
from the information I was able to gather, we've either had people that got us a long-
term disability -- just general employees, not just directors, but they have either got into
it for about two weeks and, then, they were fine, or they got into it and they are on it
forever. I mean it was one or the other. There wasn't a whole lot of people that went
30t 60, or 90 days out and came back, it was usually either a short term, they rollover a
little tiny bit and, then, that was it and they were done or they were seriously disabled
and weren1t able to return to work at all. Again, I know it's different, it wasn't -- it wasn't
something we took very lightly. We tried to really put some thought into every one of
these things as to the cost benefit and the retention issues of it, the recruitment issues
that come from it, and whether or not ifs fair and reasonable and what we ask all the
directors to do in their positions in the city. I'd just leave that for your consideration.
Implementation of it, we havenrt gotten that far yet. If you were to approve it -- as I said,
for example, that the vacation buy back that goes into it couldnrt even occur until 2006
so, we are a ways out for that. Some of these other things weld just have to figure out
how do we implement them if itls acceptable to all of you. Do you have any questions
about any -- do you want me to keep going? There is only one more. The last one
simply we took the trial service period for promotions or transfers. My initial thought
was we already have made it clear to folks that you're already at will~ Just because you
move to another position, just because you get promoted, doesn1t mean that jf you cantt
perform that job, that you get to go back to what you used to do. But because itls come
up occasionally from people that didn't always understand, they thought if they got
promoted to a new position or they took a different position in the city and it didn't work
out for them, that they had some automatic right to return to their former position, even if
we had already filled it and whether or not someone else was already working and
maybe working out. So, we wanted to make clear to folks that that's not the reality. If
you get promoted and you don't work out, you may not have a job. Like I said, that was
just the other policy, we just put in a new one to make it clear that it applies just by itself.
And thafs all I have. So, if you have any questions or issues or concerns or changes,
besides the one Mr. Bird's already raised?
Wardle: Mr. Rountree.
Rountree: Yeah, BilL Applicability of all these to the fire service.
Nary: All of the -- all of these policies specifically say a number of times in the policy
manual -- I can include them if -- like in the benefits program, that they don't apply if
there is a contract.
Rountree: Okay.
Nary: So--
Meridjan Ci ty Council
May 17t 2005
Page 41 of 43
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Donnell: Mr. President?
Wardle: Mrs~ Donnell.
Donnell: Let's see, how do I say this? First of all, you do a really good job of clearing
the room. And secondly --
Nary: Thank you.
Donnell: You're welcome. This -- you have made a very rich benefit system even richer
with these changes and while I'm not in disagreement of many of the changes that you
make, I would really like to see, before we -- before I could feel comfortable acting on it,
a cost analysis of what this really will cost the city. When you say soft costs, truly,
regardless of whether they are leave days, vacation days, whatever it is, it is a cost to
the city when those people are not at work and so if there is a way that Stacy could cost
out at least some of these ones where you actually can get numbers to, I would really
appreciate that before I would feel comfortable in acting on these changes.
Nary: Mr. President, just to clarify, Councilmember Donnell, is that just on the benefits
program?
Donnell: Mostly on G. But, actually, I think that there would be a cost on D. I kind of
like that jf we pay you wear on the clothing attire allowance. The military leave, I'd like
to see cost on that as well. And, then, of course, the director benefits program. And,
actually -- ohJ J'm okay with the education reimbursement, if that's handled with our
approval, so --
Nary: On the compensation program, because there is no cost of living, so you're
talking about just that -- giving merit and a lump sum?
Donnell: Exactly.
Nary: What will that be?
Donnell: Exactly.
Nary: Okay. And, then, on the military leave, because we only have one active military
person at this juncture, the family has remained on our program, but they are paying the
same co-pay as everyone else, so that -- there is no cost difference to the city and he
does -- he gets higher pay --
Donnell: Through the military?
Nary: -- currently than he would have received here, so he receives no reimbursement.
And in no situation, if they are going to active military, like this particular one, where
Meridian City Council
May 171 2005
Page 42 of 43
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(,...: .....
they are actually going overseas, that's almost always going to be the case. The only
ones that get activated that maybe stay in the United States, but they go replace
someone, that could happen. We only have two other people that are currently in the
military that are eligible to do that.
Donnell: We just have to remind ourselves that as Bob McClain said earlier this
evening, our growth is phenomenal and that will also play out with our police and as any
practice and policy that you put in place affects -- affects the city down the road with the
growth of any of those facets as well. So, I'm assuming that this military leave also
includes reserves? Anyone thatls --
Bird: Thaes who it would be.
Nary: Right Yes. It does include reserves, but the policy part that we are changing is
only jf ifs a call to active duty.
Donnell: Okay. All right.
Nary: But not for their two weeks off or for that. The only other thing, too, is what we
found commonly and also in other organizations like Nampa and Boise, is that a
majority of your employees that are going to be in the reserves to go in the military
seem to all fall into both fire and police commonly.
Donnell: Sure. Makes sense.
Nary: The reason that there is little to no cost to the city by basically paying them out of
our salary savings, because we have to hold their position, is because we canrt fill the
position behind them with a temp. If they were in a different position than police or fire,
then, we might have the ability to at feast hire a temp in that, but we can1t hire a temp
police officer or a firefighter, so we just generally run short for that period of time.
Donnell: Okay. Thank you.
Wardle: Thank you. Council, further direction? Mr. Nary, would it be your wish after
answering a couple of these questions to, then, bring these back as a resolution on --
Nary: Three weeks.
Wardle: Yeah, we are missing a meeting on the 1 st and so the 7th after some -- some
information back and forth4
Nary: Yeah. What I can do, Council President, is I can prepare a resolution, I will bring
the -- 1111 prepare the resolution, so you can act on it if you wish, but we will provide you
a written copy of whatever information we gather on the financial implications, so you
will have it well in advance of that. If there is other questions, you don1t have to act on
them on the 7th if you donlt want to, we can certainly change it, we can remove that one
Merid ian City Coun erl
May 17,2005
Page 43 of 43
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policy if you're not ready to act on that one as well, so --
Donnell: Great.. Thank you.
Nary: All right.
Wardle: Thank you. That brings us to the end of our agenda.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: I move we adjourn.
Rountree: Second.
Wardle: les been moved and seconded to adjourn our meeting at 9:05. All in favor?
MOTION CARRIED: ALL AYES.
Wardle: We are adjourned.
MEETING ADJOURNED AT 9:05 P.M.
(TAPE ON FILE OF TH{::SE PROCEEDINGS)
P / 7 / ()~
DATE APPROVED
t..
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17/2005
ITEM NO-
5-8
REQUEST Streetlight Agreement for Sienna Creek Subdivision No.1 by Sagewood
Development Company
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:
SEfTlERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN posr OFFICE:
OTHER:
See attached Agreement
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(-
(~'~""": ,;
City of Meridian
Public Works
RECEIVED
MAY - 9 2005
City of Meridian
City CI erk Office
To: Mayor de Weerd & City Council
From: Karie Glenn
CC: File
Date: 5/612005
Re: Proposed Agenda Items for 5/17/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
5/17105 City Council agenda, on the Consent Agendat for Council's consideration:
1) Streetliaht Aareement for Sienna Creek #1.
Typical Streetlight Agreement.
Recommended Council Action: Approve the Streetlight Agreement for Sienna
Creek #1 and authorize the Mayor to sign and City Clerk to attest.
2) Streetliaht Aareement for Redfeather Estates #2.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #2 and authorize the Mayor to sign and City Clerk to attest.
3) Streetliqht Aareement for Redfeather Estates #3.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #3 and authorize the Mayor to sign and City Clerk to attest~
Thank you for your consideration.
. Page 1
A P r I 2 7 ~ 2 0 0 5 ] t : 3 8 AM
No.3080 p~ 1
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STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Sagewood D~YJ'19pment Co~ pertaining to the street lights in Sienna Creek #1.. a residential
development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1 r Sagewood Development Co.. has provided lea. Singl~ h~~ street light poles, concrete
pole bases, tixturesJ bulbs, and components to the residential development knO'VIl as
Sienna. Creek #1 in Meridian, Idaho~ The parties acknowledge that the lea. Single head
street light poles and appurtenances were specially ordered items, not customarily used in
residential developments in Meridi~ Idaho.
2. Sagewood Development Co.~ or it's assigns, agree to replac~ repair and provide any
required maintenance of any of the above mentioned street lights! and/or appurtenances
thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance;,
at its own expense; and it is further agreed that Sagewood Development Co ., or its heirs,
successors and a~signs, shall keep the lights operational at aU times, it being understood
by the City that bulbs, and/or ba11ast~ do burn out and that the City will allow reasonable
time to replace them
3. It is agreed that the City of Meridian authorize and pay fOT the electrical service to be
supplied to the lea. Single head street lights located in Sienna Creek #1 in the usual and
customary manner.
4 ~ It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance., will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide m.aintenance, bulbs, and
ballast It is also agreed that lighting serVed under the Schedule 40 Agreement must be
controlled by a photo electric device of the ''fail off" type.
5. It is understood and agreed that Sagewood Development Co. will assign its rights and
obligations hereunder to when said Homeowners Association is fonned and operational.
STREET UGm AGREEl\1ENI
Page 1
Apr~27. 2005 It:3BAM
No.3080 p. 2
(
(
This AGREE1vffiNT shall be binding on Sagewood Development Co. its heirs, successors
and assigns, and the CITY OF :MERIDIAN.
Dated this
day of
,20
CITY OF l\1E.RIDIAN, a municipality and
:Political subdivision of the State ofldaho
By
Mayor:J DeWeerd
ATTEST;
William G. Berg, Jr-:t City Clerk
Sagewood D~~~)9pment Co.
By
ATTEST:
Secretary
STREET UGHT AGREffiv1ENT
Page 2
Apr.27. 2005 11:38AM
No.3080 p. 3
(""
\
/".. "
(.:
STATE OF IDAHO, )
SS.
· County of Ada., )
On this ---.J day of , .20 ----7 before me, the undersigned, a Notary
Public in and for said State, personally appeared Jvfayor DEWEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk of the CITY OF ~RIDIAN, Idaho, and who
executed the within instrument, and acknowledged to' me that the City of Meridian executed the
same.
IN WITNESS WHEREOF) I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
NOT ARY PUBl,lC FOR IDAHO
RESIDING AT ·
MY COrvIMISSION EXPIRES
STATE OF
,)
: ss.
County of ,)
in and for said State, pe sonally appeared U5 A A 11 b!fJ t;rrL- and
known to me to be the :President and Secretary of
~~~:I> Qe..u<..ie;t?lA,{~ (Gl, and who executed the within instrument on bebalf of said
corporation, and acknowledged to me that said corporation executed the same.
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first abOVe written~
~,,"'I"t"'i.l
..... ~bL W ~#'"
,Ii dr-. n ,....
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it,..., OF I D ,... -p. .,..,
"...,.......,tP
NOTARY PUBLIC FOR IDAHO
:RESIDlNG AT ~
MY COMldlSSION EXPIRES
STREET LIGHT AGREEMENT
Page 3
(' ... .~
('~.~:.... .":
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17/2005
ITEM NO~
5-C
REQUEST Streetlight Agreement for Redfeather Estates Subdivision No.2 by
Redfeather Estates Home Owners Association, Inc.
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:
SElTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Agreement
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridlan~
(:
City of Meridian
Public Works Dept.
DL~EJvrlrl~
!,y "t?-, ~l ~ tF~] .f
ill '?\ ~~ ~ ~ L.;;
MAY - 9 2005
City of Meridian
City Clerk Office
To: Mayor de Weerd & City Council
From: Karie Glenn
CC: File
Date: 5/612005
Re: Proposed Agenda Items for 5/17/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
5/17/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Streetlioht Aareement for Sienna Creek #1.
Typical StreeUight Agreement.
Recommended Council Action: Approve the Streetlight Agreement for Sienna
Creek #1 and authorize the Mayor to sign and City Clerk to attest.
2) Streetliaht Agreement for Redfeather Estates #2.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #2 and authorize the Mayor to sign and City Clerk to attest.
3) Streetliaht Aareement for Redfeather Estates #3..
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #3 and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Redfeather Estates Subdivision Home Owners Association, Inc. pertaining to the street lights
in Redfeather Estates #2, a residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Redfeather Estates Subdivision Home Owners Association, Inc~ has provided 14ea.
Single head and 1 ea~ double head street light poles, concrete pole bases, fixtures, bulbs,
and components to the residential development known as Redfeather Estates #2, in
Meridian, Idaho.. The parties acknowledge that the 14ea~ Single head and lea~ double
head street light poles and appurtenances were specially ordered items, not customarily
used in residential developments in Meridian, Idaho.
2~ Redfeather Estates Subdivision Home Owners Association, Inc. or it's assigns, agree to
replace, repair and- provide any required maintenance of any of the above mentioned
street lights, and! or appurtenances thereot: that may hereafter be broken, damaged, or
deteriorated, or require maintenance, at its own expense; and it is further agreed that
Packard Estates LLC, or its' heirs, successors and assigns, shall keep the lights operational
at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that
the City will allow reasonable time to replace them~
3. It is agreed that the City of Meridian authorize and pay for the electrical selVice to be
supplied to the 14ea~ Single head and lea~ double head street lights located in Redfeather
Estates #2, in the usual and customary manner.
4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off" type.
5. It is understood and agreed that Redfeatber Estates Subdivision Home Owners
Association, Inc., will assign its rights and obligations hereunder to when said
Homeowners Association is formed and operational.h
STREET LIGHT AGREE1vfENT
page 1
("
This AGREEI\1ENT shall be binding on Redfeather Estates Subdivision Home Owners
Association, Inc. its heirs, successors and assigns, and the CITY OF 1\ffiRIDIAN.
Dated this
day of
'l 20
CITY OF 1\ffiRIDIAN, a municipality and
Political subdivision of the State of Idaho
By
Mayor, DeWeerd
ATTEST:
William G. Berg, Jr.~ City Clerk
Redfeather Estates Subdivision Home Owners Association, Inc.
By
~
--..
President
ATTEST:
Secretary
STREET LIGHT AGREE:MENT
page 2
(.
("" .
STATE OF IDAHO, )
Coun~ofAd~ )
ss.
On this _ day of , 20 -' before me, the undersigned, a Notary
Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG,
JR, known to me to be the Mayor and City Clerk of the CITY OF 1vfERIDIAN, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fIrst above written.
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY C01\fMISSION EXPlRES
STATE OF
,)
SS4
County of ,)
In for ~ said ~t~te, sonally appeared ~ Q.r f} i.c' :;f(): 9-e-5 and
~ r \ t K. knOV\ll1 to me to be the Presl ent and Secretmy of
p {: , :i-'h (J y" ~ { fes 'I' t9., and who executed the within in rumettt on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written4
SEAL
,., IIII e.., II.
",-,"" 'f.1 B I L A ",'-
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STREET LIGHT AGREENffiNT
page 3
(
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO ~
5-D
REQUEST Streetlight Agreement for Redfeather Estates Subdivision No.3 by
Redfeather Estates Home Owners Association, Inc.
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DE?T:
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:
OTH ER:
See attached Agreement
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
(...: ....: .
City of Meridian
Public Works Dept.
Jl r;:CEIVE,~ r)
w ~\ W,",,~-:1 .1~ JL....t/
f~AY ~ 9 2005
City of Meridian
City Clerk Office
To: Mayor de Weerd & City Council
From: Karie Glenn
CC: File
Date: 51612005
Re: Proposed Agenda Items for 5/17/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
5/17/05 City Council agenda, on the Consent Agenda. for Council's consideration:
1) Streetliaht Aareement for Sienna Creek #1.
Typical Streetlight Agreement.
Recommended Council Action: Approve the Streetlight Agreement for Sienna
Creek #1 and authorize the Mayor to sign and City Clerk to attest~
2) Streetliaht Agreement for Redfeather Estates #2.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #2 and authorize the Mayor to sign and City Clerk to attest.
3) Streetliqht Aareement for Redfeather Estates #3.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #13 and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
(.. .
(. ... .
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Redfeather Estates Subdivision Home Owners Association, Inc. pertaining to the street lights
in Redfeather Estates #3, a residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Redfeather Estates Subdivision Home Owners Association, Inc. has provided 7 ea. Single
head street light poles, concrete pole bases, fixtures, bulbs, and components to the
residential development known as Redfeather Estates #3, in Meridian, Idaho. The
parties acknowledge that the 7ea4 Single head street light poles and appurtenances were
specially ordered items, not customarily used in residential developments in Meridian,
Idaho.
2. Redfeather Estates Subdivision Home Owners Association, Inc~ or it's assigns, agree to
replace, repair and" provide any required maintenance of any of the above mentioned
street lights, arid! or appurtenances thereof: that may hereafter be broken, damaged, or
deteriorated, or require maintenance, at its own expense; and it is further agreed that
Redfeather Estates Subdivision Home Owners Association, Inc., or its heirs, successors
and assigns~ shall keep the lights operational at all times, it being understood by the City
that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to
replace them.
3 · It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the 7 ea. Single head street lights located in Redfeather Estates #3, in the usual
and customary manner~
4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast~ It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off" type~ ,
5. It is understood and agreed that Redfeather Estates Subdivision Home Owners
Association, InCA' will assign its rights and obligations hereunder to when said
Homeowners Association is formed and operational.
STREET LIGHT AGREEMENT
page 1
(-- .
(
This AGREE:MENT shall be binding on Redfeather Estates Subdivision Home Owners
Association, Inc~ its heirs, successors and assigns, and the CITY OF MERIDIAN.
Dated this
day of
~ 20
CITY OF MERIDIAN, a municipality and
Political subdivision of the State of Idaho
By
Mayor, DeWeerd
ATTEST:
William G. Berg, Jr., City Clerk
Redfeather Estates Subdivision Home Owners Associatio~ Inc.
By /Z ~
-----..........
President
ATTEST:
STREET LIGHT AGREEMENT
page 2
STATE OF IDAHO, )
: 58.
County of Ada, )
On this _ day of .. 20 -' before me, the undersigned, a Notary
Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG,
JR.~ known to me to be the Mayor and City Clerk of the CITY OF ldERIDIAN, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY C01v1MISSION EXPIRES
STATE OF
,) -
: ss.
County of ,)
On this LIth day of ~~" 20..Q1Q, before me the unde igned, a Notary Public
In And for ~ai~ t S~atel pe naIl y appeared ~. fl i I .. J r- )" and
0.tCtC," W~ \ c. ( known to me to be the P~ident and Secretary of
~ r fI> ~~r S +. t ., and who executed the within instrument on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day ~nd year first above written.
./ oJvv~
2)-5- ;;; D D (~
I
,,''Elllt',.,
'Ii,' ";
..~+,.+ ~ S C H lJ ""
. ."\\~ M-."'O_. <(? ~
"'~... ~,' t oc. ... ~ ~
SEAL .-. ....... · .-
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. . ~~ .-
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'####. -11' B 0 F \ 'Q ",."
"t""'"II.'" I"~
STREET LIGHT AGREEldENT
page 3
(
(
MERIDIAN CITY COUNCil MEETING
APPLICANT
May 17,2005
ITEM NO.
5-E
REQUEST Streetlight Agreement for Redfeather Estates Subdivision No.4 by
Redfeather Estates Home Owners Associationl Inc.
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:
See attached Agreement
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
......:... .. .
\<.:.... ... . ... ..
(~-,..
........ .
City of Meridian
Public Works Dept.
RECEIVED
MAY - 9 2005
~ity of Meridian
City Cleric Office
To: Mayor de Weerd & City Council
From: Karie Glenn
CC: File
Date: 5/612005
Re: Proposed Agenda Items for 5/17/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
5/17/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Streetlioht Aareement for Redfeather Estates #4_
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #4 and authorize the Mayor to sign and City Clerk to attest.
2) Streetliaht Aareement for Redfeather Estates #5.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #5 and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration..
. Page 1
(
STREET LIGHT AGREEMENT
Tills Street Light Agreement is made and entered into between the CITY OF ~RIDIAN
and Redfeather Estates Subdivision Home Owners Association, Inc. pertaining to th.e street lights
in Redfeather Estates #4, a residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Redfeather Estates Subdivision Home Owners Association, Inc. has provided 1 ea. Single
head street light poles, concrete pole bases, fixtures, bulbs, and components to the
residential development known as Redfeather Estates #4, in Meridian, Idaho. The
parties acknowledge that the 7ea. Single head street light poles and appurtenances were
specially ordered items, not customarily used in residential developments in Meridian,
Idaho.
2~ Redfeather Estates Subdivision Home Owners Association, Inc. or it's assigns, agree to
replace, repair and provide any. required maintenance of any of the above mentioned
street lights, and! or appurtenances thereof: that may hereafter be broken, damaged~ or
deteriorated, or require maintenance, at its own expense; and it is further agreed that
Redfeather Estates Subdivision Home Owners Association, Inc. or its heirs, successors
and assigns, shall keep the lights operational at all times, it being understood by tb.e City
that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to
replace them.
3. It is agreed that the City of Meridian authorize and pay for the electrical .service to be
supplied to the 7ea. Single head street lights located in Redfeather Estates #4, in the usual
and customary manner.
4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast~ It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off" type.
5. It is understood and agreed that Redfeather Estates Subdivision Home Owners
Association, Inc. MIl assign its rights and obligations hereunder to when said
Homeowners Association is formed and operational. ..
STREET LIGHT AGREEMENT
page 1
/
This AGREE:MENT shall be binding on Redfeather Estates Subdivision Home Owners
Association, Inc. its heirs, successors and assigns, and the CITY OF :MERIDIAN.
Dated this
day of
~ 20
CITY OF MERIDIAN, a municipality and
Political subdivision of the State ofldah.o
By
Mayor, DeWeerd
ATTEST:
William G~ Berg, Jr~, City Clerk
Redfeather Estates Subdivision Home Owners Association, Inc~
By fL.y
President
ATTEST:
STREET LIGHT AGREEMENT
page 2
(
STATE OF IDAHO, )
: SS~
County of Ada, )
On this _ day of , 20 -' before me, the undersigned, a Notary
Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG,
JR, known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDJNG AT
MY C01vflvfiSSION EXPIRES
STATE OF
,)-
County of ,)
U+h
On this ~ day of .t." 20 D5 ~ before..m9l the.un rsigned, a Notary Public
In Wd for said~ ~ta~e, p rsonally appeared R. urO-\G Jr lie + and
~ i 0.. ~. \D \ r \ G.\( known to me to be the esident and Secretary of
\2 e ct e rJ rn of tY r.Lfe<.. H.b1Pr ., and who executed the within instrument on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
· SSw
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
"",,"1.""'#41
,..", \. ~A S C L~ #1"
~~ C:,'\}~.........;.7 ~ #,~
! ... ... ~ \
srAL:/ ~OT~~ -\1' \
_. r._
- . ...... . :
: :.P ::
~ tPe. VBlle.. $
t :;\ .... .. ~
,.,..,.. .-" ~
#" .r b..... ..- .1. v .:a
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'",, 0 F 1 {) po ,,-.'
''-'" ..,..., l,t
. /1
)~ './
NOTARY PUBLIC&OR IDAHLQ nA
RESIDJNG AT {:JJ~. .()!
MY C01vflvfiSSION EXPIRES Q '. S ~ ~ DO (L;
STREET LIGHT AGREEMENT
page 3
~ ~
t..: :.... .~
("'.C~" , .
~~~~ ~ ::.
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 1 7,2005
ITEM NO.
5-F
REQUEST Streetlight Agreement for Redfeather Estates Subdivision No.5 by
Redfeather Estates Home Owners Associationl Inc~
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:
SElTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER:
Se. attached Agreement
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Matenals presented at public meetings shall become property of the City of Meridian.
(.:..
City of Meridian
Public Works Dept.
D J:rICIVf' r1f&
.2 ~\ kL~ 1L" I: ~ · t'~ Pi
~..t f.J~~!x <:
~4AY - 9 2005
City of Meridian
City e'er k Office
To: Mayor de Weerd & City Council
From: Kane Glenn
CC: File
Date: 5/612005
Re: Proposed Agenda Items for 5/17/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
5/17/05 City Council agenda, on the Consent Agenda. for Council's consideration:
1) Streetliaht Aareement for Redfeather Estates #4.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #4 and authorize the Mayor to sign and City Clerk to attest.
2) Streetliaht A~reement for Redfeather Estates #5.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #5 and authorize the Mayor to sign and City Clerk to attest..
Thank you for your consideration.
. Page 1
C.. .
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF ~IAN
and Redfeather Estates Subdivision Home Owners Association, Inc~ pertaining to the street lights
in Redfeather Estates #5, a residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Redfeather Estates Subdivision Home Owners Association, Inew has provided 3ea~ Single
head street light poles, concrete pole bases, fixtures, bulbs, and components to the
residential development known as Redfeather Estates #5, in Meridian, Idaho. The
parties acknowledge that the 3ea~ Single head street light poles and appurtenances were
specially ordered items, not customarily used in residential developments in Meridian,
Idaho.
2. Redfeather Estates Subdivision Home Owners Association, Inc. or it's assigns, agree to
replace, repair and- provide any required maintenance of any of the above mentioned
street lights, and/or appurtenances thereot: that may hereafter be broke~ damaged, or
deteriorated, or require maintenance, at its own expense; and it is further agreed that
Redfeather Estates Subdivision Home Owners Association, Inc. or its heirs, successors
and assigns, shall keep the lights operational at all times, it being understood by the City
that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to
replace them.
3.. It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the 3ea. Single head street lights located in Redfeather Estates #5, in the usual
and customary manner.
4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off; type.
5. It is understood and agreed that Redfeather Estates Subdivision Home Owners
Association, Inc~ ~ill assign its rights and obligations hereunder to when said
Homeowners Association is formed and operational.
STREET LIGHT AGREE~NT
page 1
(
(:n .. ~. . .
This AGREE1vfENT shall be binding on Redfeather Estates Subdivision Home Owners
Association, Inc. its heirs, successors and assigns, and the CITY OF 1vffiRIDIAN.
Dated this
day of
~ 20
CITY OF 1v1ERIDIAN, a municipality and
Political subdivision of the State of Idaho
By
Mayor, DeWeerd
ATTEST:
William G~ Berg, Jr~, City Clerk
Redfeather Estates Subdivision Home Owners Association, Inc.
By y..~
~
President
ATTEST:
Secretary
STREET LIGHT AGREE:MENT
page 2
(.
\,
STATE OF IDAHO, )
County of Ada, )
ss.
On this _ day of. ~+ ~ 20 _~ before me, the undersigned, a Notary
Public in and for said State, pers6nally appeared Mayor DEWEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk of the CITY OF lvtERIDIAN, Idaho, and who
executed the within instrwnent, and acknowledged to me that the City of Meridian executed the
same~
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY C01vlWSSION EXPIRES
STATE OF
,) -
County of ,)
4+th J -
On this _ day of I U \1 20~ before me, the undersigned, a Notary Public
in ,~nd fOf. ~ai~ ~tate, p sonaIIy appeared R r~ r o..iq a.~Dl/t? 5 and
3-rur L\ lJ) I r <\ Q K .. known to me to be the../Presldent and Secretary of
'Ked Fe Qr.~ e ( fstCl teS ~D ,~ ", and who executed the within instrument on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
: ss.
IN" WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
""...... r'l"
~...~"" ~ \ L A 8 11#1#.,
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STREET LIGHT AGREE1v1ENT
page 3
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MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO.
5-G
REQUEST License Agreement with Nampa & Meridian Irrigation District for the
Ten Mile Pathway at Waltman Court Subdivision
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:
See attached Agreement
.,;u
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Contacted:
Emailed:
Date:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
Phone:
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Letter of Transmittal
. .
CONSULTiNG BNGINEERS tt LAND PLANNERS
E 8.5 4 E A 5 T LAN ~\ R 1: S T R E E T · MER! D I AN. ] D ^ friO g 3 6 --I !
T...208..846~895S ... F...208...B46~S9S6 .. t-t'j("k:5.DPr.YiJ@m.!liM-COm
RrCEIVE~ D~ :]
r4 . ~1 ' ': ~ !;/'
fft ~ r~
MAY 1 2 2005
Date:
April 29, 2005
City of Meridian
City Clerk Office
To:
Brad Hawkins-Clark
City of Meridian Planning & Zoning
Subject:
Waltman Court Subdivision - Ten Mile Creek Pathway Agreement
Enclosed are the following items:
Brad,
Will you please put these agreements on the City's consent agenda for signature at the
next City council meeting. Please call me at 208.867.3954 with any questions.
Thanks, RE
These are transmitted:
o For your
files
o For action 0 For review
specified above and approval
iii For your use 0 As requested
Sincerely,
Erickson-Civil, Inc.
Enclosure(s)
Project No~:104006
cc;
5293 NO! SChUbert Ave. Meridian, 10 83642 T.20a.846.S955, F,,20a.846.S956
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MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO.
5-H
REQUEST Agreement with JUB Engineers, Inc~ for North Black Cat Trunk and Lift
Station Project
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:
Se. attached Agreement
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
(::...
. . . .
: : .. -.:.....:.... .. . . . . . ... .. .. .. "..... .. :... ... ...::...::... ... . ... ...: . . . : :: .. .. :..... .. .. ... . . . . . . . . .. . ...:..
. . .
. . . . .
.. City of Meridian........:. .... ....
Pu.blic Work~. Dept. .::. .
RECEIVE. n
Pl~#.
MAY 1 2 2005
City of Meridian
City Clerk Office
To: Will Berg; Tara Green
From: Clint Dolsby, Staff Engineer
CC: Brad Watson, Public Works Director
Date: 05/12/2005
Re: Proposed Agenda Item for May 17, 2005 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the May
17 City Council agenda, under consent agenda, for Council's consideration:
North Black Cat Trunk and Lift Station Proiect JUS Engineers, Inc. has submitted a task
order} scope of work, and budget for this design project They propose to complete the work
for $446,933. This is-an extension of the budget amendment that was approved by City
Council February 1 f 2005 for the North Black Cat Trunk and Lift Station Project.
This project consists of preparation of design documents for bidding and construction of the
North Black Cat Lift Station, North Black Cat Pressure Sewer, and the North Black Trunk
Sewers between Ustick Road and Chinden Boulevard.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for North Black Cat Trunk and lift
Station Project with JUB Engineers, Inell for $446,933 and authorize the Mayor
to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. page 1
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( J~U.B }
~
J.U~B ENGINEERS, Inc,.
ENGINEERS... SURVEYORS · PLAHNERS
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J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
SF330 Code
PM In itials
S04
PHK
J -U-B Project No..: 1 Q..o5-026
THIS AGREEMENT entered into this _ day of _ 20Q2, between City of Meridian, hereinafter referred to as the uCLIENT' and J-U-B
ENGINEERS, Inc., an Idaho Corporation of Boise, Idaho, hereinafter referred to as 'IJ-U-8".
WITNESSETH:
WHEREAS the CLIENT intends to: desjan the North Black Cat oroiect as described in Attachment 'tAU.
hereinafter referred to as the ~~Projecf'; NOW, THEREFORE, the CLIENT and J-U-BJ jn consideration of their mutual covenants herein, agree as set forth
below:
M UTU AL RES PON S 181 LITI ES:
This Agreement is based upon a mutual obligation of good faith and fair dealing between the parties in its performance and enforcement.
Accordingly, the CLIENT and J-U.SJ with a positive commitment to honesty and integrityt agree that each wjJJ assist in the others performance; that each
will avoid hjndering the otherts performance; that each will work dUigenUyto fulfill its obljgations; and that each will cooperate jn the common endeavor of
th e Agreement.
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT win provide to J-UMB aU crjteria and fun jnformation as to CLlENT's requirements for the Project, including design objectives and
constraints, space) capacity and performance requirements. flexibHity and expandability~ and any budgetary limitations; and furnish copies of aU design
and construction standardst rules and faws which CLIENT or others wiH require to be included in the drawings and specifications upon which J-U-B can
rely for completeness and accuracy.
The CLIENT wiIJ furnish to J-U-B all data, documentsJ and other items in CLIENTs possession, or reasonably obtainable by CLIENT, jncluding,
without limitation, borings, probings and subsurface expJorations, hydrographic surveys, laboratory tests and inspections of samples, materials and
equipment; appropriate professional interpretations of an of the foregoing; environmental assessment and impacfstatementst surveys of recordJ property
descriptions; zoningJ deed and other land use restrictionsJ rules and laws; and other special data or consultations, all of which J-U-B may use and rely
upon in performing Services under this Agreement.
The CLIENT shan designate a representative with authority to bind the CLIENT.
The CLIENT wiJI obtaint arrange and pay for aU advertisements for bidst permits and licenses required by Jocal, state, province or federal
authoritiest and aU land, easement, rights-ot-ways and access necessary for J~U-Bts Services and Project construction.
In addition, the CLrENT will furnjsh to J-U~B; Items risted in Attachment UCI~.
PROJECT REPRESENTATIVES
The CLIENT and J-U-B hereby designate their authorized representatives to act on their behalf wjth respect to the services and responsibilities
under this Agreement. The following designated representatives are authorized to recejve notices, transmit information and make decisions regarding
the Project on behalf of their respective parties, except as expressly limited herein~ These representatives are not authorized to alter or modify the terms
and conditions of this Agreement.
For the CLIENT:
1.
Name
Brad Watson, P .E..
Work telephone (208) 898-5500
Home telephone
FAX telephone (20B) 898-9551
Address City of Meridian
660 E. Watertower, 2nd Floor
Meridian, I D 83642
Special provisions or limitations:
E-mail address
watsonb @ meridiancity.org
For J-U-B:
1.
Name
Phillip H~ Krichbaumt P.E.
Work telephone (208) 376-7330
Home tel~phone
Address J-U-B ENGINEERS, Inc..
250 S. Beechwood Avenue #201
Boise, 10 83709
Special provisions or limitations:
FAX tel ephone
E-mail add ress
(208) 323-9336
phk@jub.com
Pag e , Of 4
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In the event any changes are made to the authorized representatives or other information listed abovet the CLIENT and J-U-B agree to furnish
each other timely, written notice of such changes.
SERVICES TO BE PERFORMED BY J..U-8 C'Services")
J-U-B will comofete those services listed in Attachment usn,
J-U-B assumes no responsibility to perform services not listed~ Services which J-U-B pertorms at the request or acquiescence of the CLrENT
that are not risted are UAdditional SefVicesU,.
SCHEDULE OF SERVICES TO BE PERFORMED
J-U-B win perform said Services as foUows: In a timelY manner.
This schedule shall be equitabJy adjusted as the Project progressesF allowing for changes in scope, character or size of the Project requested
by the CLIENT or for deJays or other causes beyond J-U-B's control.
BASIS OF FEE
The CLIENT will pay JRU-8 for their SeNices and reimbursable expenses as foUows: As listed in Attachment IIDII.
The CLIENT wUJ pay J-U-B for aU Additional Services on a tjme and materials basis.
Fire FoJder Title: MERIDIAN, CITY OF - North Black Cat Project
Remarks:
The Notice to Proceed, by the CLIENT, verbal or written, constitutes acceptance of this Agreement THE TERMS AND
CONDITIONS, INCLUDING RISK ALLOCATION, ON THE ATTACHED SHEET, ARE PART OF THIS AGREEMENT. THE
CLIENT AGREES TO SAID TERMS AND CONDITIONS.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year fjrst above written.
CLIENT:
J"UM8 :
250 South Beechwood Avenue, Suite 201
STREET
City of Meridian
NAME
660 E. Watertower, 2nd Floor
STREET
Meridian, 10 83642
CITY I STATE I ZIP CODE
BY (Signature)
Tammy de Weerd, Mayor
NAME / TITLE
Phillip H. Krichbaum, P.E., Project Manager
NAME / TITLE
BY (Signature)
NAME / TITLE
DISTRIBUTION: White - Corporate; Yellow - Office; Pink - Project; Goldenrod - CHent
REV; 11/8/04
Paoe 2 Of 4
.~ ~ ..- ... ~.
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J-U--S ENGINEERS, Inc.
TERMS AND CONDITIONS
/...~~-.... .
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GENERAL
J-U-B shaH provide for the CLIENT professional Services as set forth herein. The Services will be performed in accordance with generaHy
accepted professional practices for the intended use of the Project. J-U-B MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED. The
ell ENT acknowled gas and agrees that legal req uirem ents governi ng the Project may be subject to various and possib Iy co ntradjctory interpretations;
andJ J-U-B will therefore use its reasonabJe professional efforts and judgment to interpret such requirements.
J-U-B shaJl qot be responsible for acts or omissions of any party involved in the Project other than their own, including but not limited to failure
of a third party to foJlow J-U-B's recommendations; the meansJ methods, techniques, sequences or procedures of construction selected by CLJENT or
third parties; safety programs and precautions seJected by third parties; compJiance with laws, rules, regulationst ordinances, codes, orders or authority
by CLIENT and thjrd parties; and any contact or action of the CLlENT or others with third parties. CLlENT therefore indemnifies and holds J-U-B
harmless from the actions and omissions of CLrENT and third parties involved in the Project
J-U-B shall not be required to sign any documents, no matter by whom requested, that would result jn J-U-B's havlng to certifYl guarantee or
warrant the existence of conditions whose existence J-U-B cannot ascertain~ The CLIENT also agrees not to make resolution of any dispute with J-U~B
or payment of any amount due to J-U-B in any way contingent upon J-U-B signing any such certification.
J n so if investigation wo rk and in determ ining subs u rface conditions for the Project, the characteristics may vary greatly between successive test
points and sample intervafs. J~U-B wiJr coordinate this work in accordance with generanyaccepted practice of the professional Servjces being provided
and makes NO OTHER WARRANTIES EXPRESSED OR JMPLIEDt or as to the professional advice furnished by others.
Resetting of survey and/or construction stakes shaH constitute Additional Services.
CONSTRUCTION PHASE SERVICES
Unless otherwise agreed, J-U-B's Services under this Agreement will be considered to be complete and final upon completion of the Services
described herein~ Unless otherwise agreedt it is understood and agreed that J-U~B's Services under this Agreement do not include Project observation,
review of the contractor's performanc8t or any other construction phase servicest and the CLrENT assumes air responsibility for interpretation of the
documents assocjated with the Project and for construction observation or review, and indemnifies J-U-B from and waives any cfaims againstJ-U-B that
may be in any way connected thereto or arjse therefrom.
It is further understood and agreed that J-U-B does not have controJ over, and neither the professional activities of J~U-B nor the presence of
J-U-B at the Project site shall give J-U~B control over contractor(s) work nor shall J-U-B have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident to the work of the
contractor(s) or for any failure of contractor(s) to comply with lawsJ rufes, reguJations, ordinances, codes or orders appljcable to contractor(s) furnishing
and performing their work or provjding any health and safety precautions required by any regulatory agencjes. AccordinglYt J-U-B can neither guarantee
the performance of the construction contracts by contractor(s) nor assume responsibjrity of contactor(s) failure to furnish and perform their work in
accordance with the contract documents.
The CLIENT agrees that the general contractor shall be solely responsible for jobsite safetyJ and warrants that this intent shan be carried out in
the CLIENT's contract with the general contractor. The CLJENT also agrees that the CLIENT, J-U-B and J-U~B's subconsultants shaH be jndemnified by
the general contractor in the event of generar contractor's failure to assure jobsite safety and shan be made additional insureds under the general
contractorts poJicies of generar Jiability insurance.
OPINIONS OF COST
. Since J-U-B has no control over the ~ost of labor, materials, equipment or services furnished by otherst or over the contractor(sy methods of
determining pricesJ or over competitive bidding or market conditions! J-UMB's opinions of probabre total Project costs and construction, if any, are to be
made on the basis of JMU-B~s experience and qualifications, and represent J~U~B's best judgment as an experienced and qualified professional engineer,
famiUar with the construction industry; but J-U-B cannot and does not guarantee that proposalsJ bids or actuaJ total project or construction costs will not
vary from opinions of probable cost prepared by J-UMB. If the CLIENT wishes greater assurance as to totaf project or construction costs, CLfENT shall
empJoyan independent cost estimator. J-U-B's services to modjfy the Project to bring the construction costs within any Ijmitation established by the
CLIENT will be considered Additional Services and pajd for as such by the CLIENT.
REUSE OF DOCUMENTS
AU documents and magnetic media and other communication or jnformation formats eCDocuments"), prepared or furnished byJ-U-B pursuant to
this Agreement are instruments of service with respect to the Project and shaH remain the property of J-U-B whether or not the Project is completed.
Although CLIENT may make and retain copies of Documents for information and reference in connection with use on the Project by CLIENT, J-U-B shall
retain aU common raw, statutory and~ other reserved rights, including the copyright thereto, and the same shall not be reused without J-U-B's written
consent. Any reuse without wrjtten consent by J-U-B, or without verification or adoption by J-U-B for the specific purpose intended by the re.use, win be "at
CLIENT's sole risk and without liability or legaJ exposure to J-U-B. The CLIENT shan indemnify and hold J-U-B harmless from any craims, damages~
losses and expenses arising out of or resulting from such reuse.
Copies of Documents that may be relied upon by CLIENT are limjted to the printed copies (also know as hard copies) that are signed or sealed
by J-U-B. Files in electronic media format of textJ data, graphics, or of other types that are furnished by J-U-B to CLIENT are only for convenjence of
CLIENT. Any conclusion or information obtained or derived from such eJectronic tjles win be at the userts sole risk.
Because data stored in electronic media format can deterjorate or be modified inadvertently or otherwise without authorization of the data's
creator, the CL1ENT agrees that it wHl perform acceptance tests or procedures within 60 days, after which the CLIENT shall be deemed to have accepted
the data thus transferred. Any errors detected within the BO-day acceptance period wHl be corrected by J-U-B. J-U-B shall not be responsible to maintain
dqcuments stored in electronic media format after acceptance by CLIENT.
When transferring documents in electronic media format. J-UMB makes no representations as to long term compatibilityJ usabifity, or readability
of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by J-U-B at
the beginning of this Project.
TIMES OF PAYMENTS
J-U-B shalr submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation. CLrENT
shaH make prompt monthly payments. If CLIENT fails to make any payment in fuH within ten (1 0) days after receipt of J~U~BJs statement, the amounts
due J-U-B will accrue interest at the rate of 1 % per month from said tenth day. If the CLIENT fails to make payments when due or otherwise is in breach
of this Agreement. J-U-B may suspend performance of Services upon five (5) days notice to the CLIENT. J-U~B shall have no liability whatsoever to the
CLIENT for any costs or damages as a resurt of such suspension caused by any breach of the Agreement by the CLIENT. Upon cure of breach or
payment in full by the CLIENT within thirty (30) days of the date breach occurred or payment is due) J-U-B shaJr resume Services under the Agreement,
and the time schedule and compensation shan be equitably adjusted 10 compensate for the period of suspension pJus any other reasonable time and
expense necessary for J-U-B to resume performance~ If the CLIENT taus to make payment as prOVided herein within thirty (30) dayS after suspenSion Of
services, SUCh failure Shall constitute a materiar breach Of thiS Agreement and ShaH be cause for termination Of thiS Agreement bY J-U-B.
page 3 Of 4
TERMINATION
The obligation to provide further Services under the Agreement may be terminated by either party upon thirty (30) days written notice in the
event of substantial failure by the other party to perform in accordance with the terms hereof through no fauJt of the terminating party. If this Agreement is
terminated by either party. J~U-B wW be paid for SeNices rendered and for expenses incurred to the date of such termjnation~ plus an allowance for
demobHization costs as determined by J-U-B. Such dernobilization costs shall be the cost and expense J~U~B incurs in withdrawing its Jabor and
resources from the Project, and obtaining and engaging jn a new project wjth the fabor and resources withdrawn from the Project.
RISK ALLOCATION
The ell ENT is aware of the risks, rewards, and benefits of the Project and J-U-B~s total fee for servjces. The risks are hereby allocated such
that the CLIENT agrees that to the fullest extent permitted by law, the total combined liabmty of J-U-B, jts agents, empJoyeest and insurers~ to the
CLrENT, directry or through third parties for an injuries, claims} expenses, costs and fees, damages or claims of expenses arising out of this Agreement
from any cause, shall not exceed the amount of J-U-B's fees, as of the date of this Agreement. Such causes include, but are not Hmited tat J~U-B's.
negfigence, errors, omissjons, strict Ijabmty, and breach of this Agreement. In no event shall J-U-B be Hable for any incidental. indirect or consequentiaJ
damages.
The Cljent agrees that J-U~B is not responsible for damages arising directly or indirectly from any delays for causes beyond J-U-B's control. For
purposes of this Agreementr such causes includeJ but are not rimited to, strjkes or other labor djsputes; severe weather disruptions or other natural
disasters; fires] riots] war or other emergencies or acts of God; failure of any government agency or other third party to act in a timery manner; faHure of
performance by the CLIENT or the CLIENTfS contractors or consurtants; or discovery of any hazardous substance or differing site conditionST In additionF
if the delays resulting from any such causes increase the cost or time required by J-U-B to perform its services in an orderly and efficient manner, J-U-B
shan be entitled to an equitable adjustment in schedule and compensation.
HAZARDOUS WASTE AND ASBESTOS
The CLIENT agrees} notwithstanding any other provision of this Agreement. to the fulJest extent permitted by Jaw, to indemnify and hold
harmless J-U-B, its offjcers, partners, employees and consultants (coJJectiveJy, J-U-B) from and against any and all clarms, suits, demands, Habmties~
losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection. presence,
handlingJ removalr abatement, or disposaf of any asbestos or hazardous or toxic substances, products or materiaJs that exist on, about or adjacent to the
Project site. whether liability arises under breach of contract orwarrantyr tort. incfuding negligence, strict liability or statutory Habmty or any other cause of
action~ except for the sole negligence or willful misconduct of J-U-B.
RIGHT OF ENTRY
The CLIENT shall provide for J~U-B'S right to enter the property owned by the CLIENT and others in order for J-U-B to furfin.the Services to be
Performed hereunder. The CLIENT understands that use of testing or other equipment may unavoidabry cause some damage, the correction of which is
not part of this Agreement. The CLIENT agreesf to the fuJlest extent permitted by fawl to indemnify and hold harmless J-U~8, it's officers, directors,
employees and subconsurtants (coUectively, J-U-B) against any damages, IjabiHties or costs. incruding reasonabJe attorneys' fees and defense costst
arising or aUegedly arising from procedures associated with testing or investigative activities or connected in any way with the discovery of hazardous
materials or suspected hazardous materiaJs on the property.
MEDIATION BEFORE LITIGATION
In an effort to resolve any conflicts that arise during the design and construction of the Project or following the compJetion of the Project, the
ell ENT and J-U-8 a9 ree that an disputes between them arising out of or relating to this Agreem ent or the Project, except for the payment of J-U-Bts fees i
shall be submitted to nonbinding mediation as a condition precedent to litigation unless the parties mutually agree otherwrs8r The CLIENT further agrees
to include a similar mediation provision in aJI agreements with independent contractors and consultants on the Project, and also to include a simHar
mediation provision in aU agreements with their subcontractors, subconsurtants, suppliers and fabricators on the Project, thereby providjng for mediation
as the primary method for dispute resolution among the parties to aU those agreements.
LEGAL FEES
In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arisjng out of any dispute
concernjng the terms and conditions hereby created, the rosing party shall pay the prevailing party such reasonable amounts for fees, costs and
expenses incruding attorneyts fees as may be set by a court.
SURVIV AL
Notwithstanding compJetion or termination of this Agreement for any reason, aU rightsf duties and obJigatjons of the parties to this Agreement
shaU'survjve such completion or termination and remain in fun force and effect untiJ fuJfmed~
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes aU prior negotiationsl
representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and J-U-B.
SUCCESSORS AND ASSIGNS
CLrENT and J-U-B are hereby bound, and the partnerst successors} executors, administrators and lega[ representatives of such other party, in
respect of all the covenants. agreements and obligations of this Agreement.
Nothing contained in this Agreement shall create a contractuar relationship with or a cause of action in favor of a third party against J-U-B.
J-U-B's services under this Agreement are being performed sorely for the CLIENT's benefjt, and no other party or entity shaU have any craim against
J-U-B because of this Agreement or the performance or nonperformance of services hereunder. In the event of such third party claim, CLIENT agrees to
indemnify and hold J-U-B harmtess from the same. The CLIENT and J-U-B agree to require a simiJar provision in aU contracts with contractors,
subcontractors, subconsurtants, vendors and other entities jnvolved in the Project to carry out the intent of this provision.
CONTROLLING LAW, JURISDICTION, AND VENUE
This Agreement is to be governed by the raw of the State of Idaho, principaJ pJace of business of J-U-B. Any action or proceedjng arising from
or jn connection with this Agreement shalf subject to the exclusive jurisdiction of the State of Idaho. Venue shaH be proper in Ada County.
page 4 Of 4
J-U-B ENGINEERS, Inc.
Attachment IA' M 10-05-026
CITY OF MERIDIAN
NORTH BLACK CAT TRUNK SEWER AND LIFT STATION
ATTACHMENT (fA" - REVISIONS TO TERMS AND CONDITIONS OF THE AGREEMENT FOR
PROFESSIONAL SERVICES
1. The following paragraph shall be added to Section "RI SK ALLOCATION J1 .
ENGINEER agrees to indemnify and hold harmless, at its expense, OWNER and its directors,
officers, and empLoyees from and against loss, liability, and damages to which they or any
of them may be put or subjected to arising out of or resuLtlng from the performance of this
Agreement, which damage, loss, or expense is caused by acts, errors, or omissions due to
negligence of ENGINEER in the performance of its services; provided, however, that
ENGINEER's Liability under this subparagraph shall not resuLt from or be attributable to:
1.. The negligence, conduct, or lawful responsibility of the OWNER, lts directors, officers,
employees, contractors or subcontractors, and all workmen and persons employed by
them or otherwise under their controL, or
210 Engineering-related or other improvements to the project (betterment) that are the
lawful responsibility of OWNER.
City of Meridian - Black Cat Lift Station & Trunk Sewer
page - I
J -U- B ENGINEERS, Inc.
c
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Attachment (8' - 10-05-026
CITY OF MERIDIAN
NORTH BLACK CAT TRUNK SEWER AND LIFT STATION
This project provides design of a pump station, force main, and gravity trunk sewer. The project will be
designed into three (3) separate bid packages. The City will administer bidding and construction phases.
Table of Contents:
Attachment "B" ~ Scope of Engineering Services
· Task A - Proiect Administration
· Task B - North Black Cat Lift Station
· Task C - Lift Station - Subconsultants and Additional Services
· Task D - Pressure Sewer and Trunk Sewers
· Task E - Trunk Sewer Additional Services
· Task F - AQencv Coordination and Permittine
· Task G - Easements and Private Development Coordination
· Exhibit A-1 - labor and Equipment Detail
· Fi~ure 1 .. Proiect Overview
Attachment "c" - Items Provided by City
Attachment "D" - Fee Schedule
City of Meridiall *"- North Black Cat Lift Station & Tnlnk Selver
Page.. ]
J.. U- B ENGINEERS J Inc.
(,r....
(.~...... .:...
Attachment (Bt - 10..05~026
CITY OF MERIDIAN
NORTH BLACK CAT TRUNK SEWER AND LIFT STATION
Attachment "B" - Scope of Engineering Services
Task A -Project Administration
1. Project Meetin~s
A. Attend a kick..off meeting with the City with the Owner.
B.. Prepare and attend progress meetings, as required over the duration of the project for the purpose
of updating the City, presenting information, designs, and facilitation of issues. An assumed
number of meetings is shown on Exhibit A-1.
Task B - Lift Station
1. Conceot Lavouts
A. Preliminary Layouts
1. Complete preliminary Layouts of mechanical equipment, piping, valving for initial and ultimate
flow conditions. Pumping configurations will include:
o DrywelL/Wetwell with non-clog centrifugal pumps.
o WetweLl Submersible.
Consideration shall be given to constructability, buiLding space efficiency, OEtM issues, safety,
pump removal equipment, and abHity to accommodate phasing and expandability.
2. Analyze pump service conditions (initial, ultimate) and preliminary size pumping units and
piping. Complete a preliminary VFD analysis and determine possible pump operating schemes.
Determine the ultimate number of pumping units .required.
3. Complete preliminary sizing of self-cleaning ogee trench wetwell for ultimate conditions.
4. Develop layouts .to accommodate ( manual trash rack and rock box) screening at the lift
station.
5. Meet with the City to review preliminary layouts and select a preferred alternative for final
design.
2. Lift Station Preliminary Desi~n (30%)
A. Site Topogr,aphic Survey and Sitework
1. Complete topographic survey and prepare mapping of Lift station site plan. Contact Dig..Line to
request utility company locates.
2~ Complete preliminary site design and related yard piping systems. Boundary surveys or
easement legal descriptions are provided under Task G - Easements and Private Development
Coordination.
B. Finalize Lift Station Hydraulics and VFD Pumping Analysis
1. Finalize wetwell sizing, cleaning hydraulics, and complete final geometrical design of wetwelL
2. Finalize VFD anaLysis and operating sequence for pumping units~
City of Merldiall - North Black Cat Lift Station. & Trul1k Selver
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3. Finalize sizing of pumps for initial imptementation~
4. Complete in-house QC check of wetwell sizing~
c. Preliminary Building Layout Plans (30% Complete Plans)
1. Complete preliminary design of mechanical systems and prepare preliminary mechanical layout
of pumping equipment, piping, valving, and related facilities.
2. Complete preliminary sizing of building rooms using ultimate sizing of equipment and OaM
access.
3. Identify locations for equipment removal and D&M, and required systems ( hoists, bridge
cranes, monorails, etc.).
4. Develop preliminary general arrangement plans (30%):
a. Site Plan
b~ Floor plans showing room sizing and position of major equipment, mechanical piping,
and environmental control systems.
c~ Sectional elevations of building showing floor elevations and locations of major
mechanical systems.
d. Architectural building floor plan and building elevations ( Refer to Task C - Lift Station
Subconsultants and Additional Services).
5. Meet with City and incorporate revisions to the preliminary building layout plans.
3. Lift Station Final Oesi'!n
A. Final Design and 60% Complete Plans
1 ~ Complete final design of lift station site improvements including fencing, site grading and
drainage, surfacing, landscaping, and yard piping.
2. Complete final design of mechanical piping systems and detailing.
3. Complete structural design of sub-structure and building systems.
4. Prepare 60% complete construction plans and detailing.
5. Prepare an preliminary opinion of probable construction cost~
6. Complete in-house constructability review ~
7. Meet with City to review plans.
8. Prepare opinion of probable construction cost.
9. Submit plans and specifications of major equipment to manufacturers as necessary for
comment.
B. Lift Station Final Design (90% Plans and Specifications)
1. Final revisions and design issues on site plans, site grading and drainage, surfacing,
landscaping, and yard piping.
City of Meridiall - North Black Cat Lift Station & Trunk Sewer
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2. Complete final design revisions and detailing on mechanical systems.
3. Complete final design revisions and detailing on structural design of building and building
systems.
4. Prepare technical specifications in C51 format and contract documents per the 2004 ISPWC.
5. Prepare 90% site civiL, mechanical, structural, and structuraL bUilding construction pLans.
6. In..house QC review on construction plans and contract documents.
7. Meet with City and incorporate applicable review comments on review package.
8. Prepare opinion of probable construction cost.
c. Lift Station (100% and Final Construction Package)
1 . Fi naLize site civil plans and yard pi pi ng pLans.
2.. Complete structural detailing of substructure and building.
3. Complete final mechanical revisions per applicable City and agency review requirements.
4. Final construction plans, specifications, and contract documents.
5~ Finalize construction with final review comments.
6. Prepare opinion of probable construction cost.
7.. Provide (20) sets of construction documents for bidding to the City.
City of Meridian - North Black Cat Lift Station & Trunk Sewer
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Task C - Lift Station - Subconsultants 8: Additional Services
1. Subconsultants
A. Electrical
J-U..B will retain the services of an Idaho licensed professional electrical engineer to provide
engineering support services on the project as described below. Design of electrical and control
systems shall be in accordance with the latest NFPA code requlrements.
1. Subconsultant shall attend review meetings with the City and JUB as required over the duration
of the project.
2.. 30% Preliminary Design shall include:
a. Preliminary meeting will be held with Building Officials to confirm design and
construction requirements and building classifications.
b. Complete preliminary power distribution planning.
3. 60% ELectrical Plans:
a. Complete preliminary design on electrical and control systems for the lift station. The
pumps shall incorporate VFD drives with a PLC controller to modulate pump speed
based on wetwelllevel.
b. Develop an electrical site plan showing primary power, transformer, and building
lighting, etc" J
c~ Develop building electrical plans.
d. Develop PIEtD control dlagrams, one-line diagrams, and control diagrams.
e~ Design control systems and related interfaces with the City provided telemetry /SCADA
systems.
f. Evaluate primary power requirements for 20 year Load forecasts and ultimate service
conditions. Coordinate with IPCO for determination of primary power service
req U 1 rements.
g. EvaLuate stand..by power alternatives ( dieseL, natural gas) for 20-year load and
uLtimate conditions. Determine preliminary sizing of generator room and related
equipment.
h. Design shall include a UPS system, surge protection, and a redundant level controller.
L Design shall include door and/or window alarm contacts and interface with the City's
SCADA system.
j.. Design lift station ancillary systems such as building lighting, and outlets~
k. Design necessary control and power interfaces with mechanical and HVAC systems.
L Meet wl.th City building inspectors to review design and resolve known code
interpretations relevant to the project.
4. 90% Completion Plans and Specifications:
a~ Incorporate applicable City and JUB review comments and finalize design of electrical
and control systems.
b. Prepare 90% completion electrical plans.
c. Prepare C51 technical specifications.
5 . 1 00% Completion Plans and Specifications:
a. Incorporate applicabLe City, JUB, and agency review comments and finalize design of
electrical and control systems.
b. Submit 100% complete construction plans and technical specifications.
c. Submit an estimate of construction cost.
City Of Meridian - North Black Cat Lift Station & Trultk Sevier
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B. Mechanical
J-U-B wiLL retain the services of an Idaho licensed professional mechanical engineer to provide
engineering support services on the project as described below. Design of air handling systems and
environmental controts shall be in accordance with the latest NFPA code and IDEQ requirements.
1. Subconsultant shall attend review meetings with the City and JUB as required over the duration
of the project. .
2. 30% Preliminary Design shall include:
a. Confirmation of ventUation design requirements for Class 1, Division 1 or 2
environments with either continuous or intermittent air changes per hour.
b. The subconsultant wilt meet with the City building inspector and confirm design
requirements and construction standards.
c. The subconsultant shall be with JUB and the City to select either continuous or
intermittent ventilation systems wilt be seLected for final design.
3. 60% HVAC Mechanical system design and plans shall include:
a. Design necessary air handling systems for the Class 1, Division 1 or Z environments.
Design shall include the necessary controLs, alarms, and annunciation to meet NFPA
req u i rements.
b. Size and design heating and de-humidification systems in the drywell or other
miscellaneous mechanical rooms.
c. Size and d~sign an air cooling unit for the control room..
d. Design the necessary ventilation required for the stand..by power generator which will
located in the lift station building.. Design say incorporate odor control systems~
e. Provide cut sheets on all air handling equipment and coordinate with other
Subconsultants ( electrical, acoustical) to incorporate the work items into the
construction pLans..
4. 90% Completion PLans and Specifications:
a. Incorporate applicabLe City and JUS review comments and finalize design of mechanical
systems.
b. Prepare 90% completion mechanical plans
c.. Prepare C51 technical specifications..
5 . 1 00% Com p l etion Plans and Sp eei fi ca ti ons:
a. Incorporate applicabLe City, JUB, and agency review comments and finalize design of
mechanical systems.
b. Submit 1 OO~ complete construction plans and technical specifjcations~
c. Prepare an estimate of construction cost.
City of Meridian - North Black Cat Lift Statio1l & Trunk Sewer
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c. Architectural
J..U..B will retain the services of an Idaho licensed professional architect to provide support services
on the project as described below. At this time, it 15 not known if there will be specific
architectural standards applicable to the building. It is anticipated that the lift station building
wiLL be constructed from eMU block walls with a stucco finish and faux rock veneer wainscot.
Either a metal or composition roof system will be used.
1. Subconsultant shall attend review meetings with the Clty and JUB as required over the duration
of the project.
2. 30% preliminary design shall incLude:
a. Develop an architectural floor plan and building cross sections showing rooms,
stairwells, doors, window, and other features.
b. Develop colored building elevations showing at least two options for exterior buiLding
finishes.
c.. The subconsultant will meet with the City and JUB to select a preferred building layout
and exterior finish system.
3. 60% Design SubmittaL:
a" Complete architectural design building and related components.
b. Complete layout of the buiLding's lavatory.
c. Complete design stairwells and railings.
d. Complete design of roofing system.
e. Prepare 60% complete construction plans.
4. 90% CompLetion Plans and Specifications:
a.. Incorporate applicabLe City and JUS review comments and finalize design and detailing
of architectural systems.
b. Prepare-90% completion plans, details, and eLevations.
c. Prepare (51 technical specifications.
5. 100% Completion PLans and Specifications:
a. Incorporate appLicable City, JUB, and agency review comments and finalize
construction pLans and technical specifications.
b. Prepare an estimate of construction cost.
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Attachment 'B' ~ 10-05..026
D. Geotechnical Investigation and Analysis
J..U..B will retain the services of a Idaho licensed geotechnical subconsultant to provide field
investigation and geotechnical engineering support services as described below.
1. Field Investigation:
a. Obtain all necessary permits for the drilling and test pits.
b. Complete one (1) exploratory borings at the lift station site to a depth of at Least five feet
(5') below the structure.
c. Complete six (6) borings on the North Black Cat Trunk.
d. Complete sampling, logging, and classification of soiLs.
e. Set one (1) groundwater monitoring piezometer at the lift station site, two (2) at locations
on the North Black Cat Trunk.
f. Monitor monthly during key seasonal periods over the course of one (1) year.
g. Abandon piezometers per State of Idaho Rules and Regulations.
2. Analysis and Report:
a. Review available geoLogic and geotechnical information in the area.
b. Complete necessary laboratory strength tests to determine design foundation bearing
pressuresJ and lateral earth pressures.
c. Develop recommendations for structure excavation, site dewatering, and building drainage.
d. Develop recommendations for trunk sewer trenching, bedding, trench foundation materials,
filter fabric, dewatering, and compaction.
e. Prepare a draft summary report and submit three (3) copies to JUB and the City for review..
f. Incorporate the review comments and publish six (6) copies of the final report.
2. Additional Services ( Optional)
The following services will not be completed unless specifically authorized by the City.
A. Noise Evaluation and Mitigation Design
As directed by the City, JUB will retain the services of an acoustical engineering subconsultant.
The anticipated scope of services for the subconsultant is summarized below:
1. Noise Evaluation Study: The subconsultant wilL evaluate noise levels of air handling and stand-
by power generation equipment generating from the building using ultimate sizing of
equipment. Estimated noise leveLs at 50' 1100' radius well be calculated or to the Limits of the
property line or site boundary of the lift station. Pre..existing noise measurements will not be
completed but wilL be estimated based on published Literature. The subconsultant will prepare
a letter report summarizing the findings and recommendations for mitigation.
2. Design of Noise Mitigation Systems. If directed by the City, the project will incLude systems
noise reduction systems. This systems may incLude the following options: noise walls, HVAC
fan enclosures, duct lining, louver treatments, and reflective/absorptive panels. PLan details
and callouts will be incorporated into the construction plans, and technical specifications..
B. Odor Control Facilities
1.. A preliminary evaluation of two odor control systems will be completed to mitigate odors at
the lift station.. Three options wilt include chemical addition, biofilters, and carbon absorption
of wetweLL exhaust air. Preliminary evaluation will incLude estimates of initiaL capital cost and
long term operation/maintenance costs. Meet with the City and select a preferred system.
2. Complete final design of preferred odor control faciLities as specifically authorized by the City.
City oj Meridian - North Black Cat Lift Station & Trunk Sewer
page - 8
Merid ian City Counci I
May 17, 2005
Page 10 of 43
Wardle: It's been moved and seconded to approve Item No.8. Mr. Berg, please call
ro II.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 9:
FP 05-032 Request for Final Plat approval of 52 building lots and 5
common lots on 1 0.99 acres in a R-4 zone for Silverleaf Subdivision No.
~ by Liberty Development, LLC - 2683 West Chinden Boulevard:
Wardle: Item No~ 9 is FP 05-032, final plat for SilverJeaf Subdivision No.4.
Canning: President Wardle, Members of the Council, this final plat is in compliance with
the approved preliminary plat and the applicant has submitted a letter stating they are in
agreement with the conditions of approval.
Wardle: Thank you.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: I move we approve FP 05-032, request for final plat --
Rountree: Second.
Bird: -- for Silverleaf Subdivision No~ 4.
Rountree: Second.
Wardle: Ifs been moved and seconded to approve Item No. 9. Mr~ Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea~
MOTION CARRIED: ALL AYES~
Item 10:
FP 05-031 Request for Final Plat of 98 single-family residential building
lots and 26 common area lots on 19 acres for Hacienda Subdivision by
Doug Jayo - south of Chinden Boulevard and east of North Meridian
Road:
Wardle: I believe Item No~ 1 0 has been asked to be continued to 5/24. Do we need a
motion for that?
Bird: You just made it, didn't you? I second it.
Meridian City Coun cfl
May 17, 2005
Page 11 of 43
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Wardle: Okay. It's been moved and seconded to continue Item 10 to 5/24/05. All in
favor?
MOTION CARRIED: ALL AYES.
Item 11:
FP 05-030 Request for Final Plat approval for 40 single-family residential
building lots on 1 0.49 acres in a R-B zone for Paramount Subdivision
No.7 by Paramount Development, Inc. - east of North Linder Road and
north of West McMillan Road:
Wardle: Item No. 11, FP 05-030r final plat for Paramount Subdivision No.7.
Canning: President Wardle, Members of the Council, this final plat is also in compliance
with the approved preliminary plat and we also have a Jetter from the applicant stating
they are in agreement with the conditions of approval.
Donnell: Mr. President?
Wardle: Mrs. Donnell.
Donnell: I move that we approve Item No~ 11, FP 05-030, a request for final plat
approval for Paramount Subdivision.
Rountree: Second.
Wardle: It's been moved and seconded to approve Item No. 11. Mr. Berg, please call
ra II.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 12:
Public Hearing: VAR 05-008 Request for a height Variance from the
maximum height of 40 feet to 58 feet for a recreational attraction for
Boondocks Fun Center by Boondocks Fun Center - Meridian, LLC -
1385 South Blue Marlin:
Wardle: Thank you~ We now enter the Public Hearing phase of our agenda. Item No.
12, Public Hearing V AR 05-008, request for a height variance for Boonbocks Fun
Center. I will open with staff comments.
Canning: President Wardle, Members of the Council, this is located north of Overland
Road and west of Meridian Road, just south of the freeway, and this is an old -- this an
old picture of where -- Roaring Springs is, basically, in this area now, so you know
where Boondocks is. This is an application for a variance. The height variance is to
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Meridian City Council
May 17t 2005
Page 12 of 43
allow the construction of a 55 foot eight inch structure. The height variance would not
apply to any other structure on the property, existing or future~ These are the two
elevations I have and, in all honesty, I'm not sure exactly how this structure works, other
than I think it propels human beings through the air in some horrifying contraption. All
right. Sorry~ Regarding the findings that the Council needs to make in order to grant
this variance, I'll try and go through them quickly. The first is, generally, that there is
special circumstances on the site and in this case itls not that there is a physical feature
of the site that would limit the construction of this, it's just that it's a unique structure and
it's a unique use to begin with. The entertainment use, in and of itself, is not one that's
well accounted for in our variance. The second finding is with regards that it would not
be an extreme hardship or that it does not -- that it meets the objectives of the code still
or the objectives of the Comprehensive Plan.. Staff was not able to find that there was a
hardship on the site. However, we do feel that this still meets the objectives of the code
and of the Comprehensive Plan. The Comprehensive Plan talks about providing a
range of recreational opportunities -- I'm sorry. And the code allows for structures
similar to this, such as antennas and pole structures and other things~ It accepts them
in other cases, ies just this one doesn't quite fit under that category. So, I think that the
intent of the code is not violated and it does further the objectives of the Comprehensive
Plan. The third finding that Council needs to make for the variance is that granting a
specified variance will not be detrimental to the public's welfare or injurious -- 11m sorry~
This is not a variance for convenience -- I'm really having a hard time maintaining
composure~ 1'm sorry. It's the nature of the structure and it is unique. And the final one
is the subject variance will not have the effect of altering the interest and purpose of
code or the Comprehensive Plan. And, again, we stated before, this does seem to be
something that had the code spoke to this, it probably would have exempted it from
having to meet height regulations. But, again, ies a very special use, ifs a very special
structure, and it does further the goals of the Comprehensive Plan. So, staff is
recommending approval of this variance.
Wardle: Thank you, Anna~ Questions for staff?
Bird: I have none.
Rountree: Not now.
Wardle: Would the applicant like to come forward and -- is the applicant present?
Canning: Apparently not.
Wardle: Is there any further public testimony that weld like to take?
Rountree: Mr. President?
Wardle: Mr. Rountree.
Rountree: Seeing no further testimony, I move the hearing close for Item 12.
Meridian City Council
May 17~ 2005
Page 13 of 43
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Bird: Second.
Wardle: It's been moved and seconded to close the Public Hearing on Item 12. All in
favor?
MOTION CARRIED: ALL AYES.
Rountree: Mr. President?
Wardle: Mr. Rountree.
Rountree: If there is no discussion, I would move that we approve the variance for Item
No. 12, 05-008, recognizing that it is a special entertainment use and there is no
extraordinary hardship to the public. It seems to be consistent with city zoning code and
will not necessarily required alterations of the code.
Bird: Second.
Wardle: It's been moved and seconded to approve Item No. 12. Mr. Berg, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea..
MOTION CARRIED: ALL AYES.
Item 13:
Public Hearing: RZ 05-006 Request for a Rezone of 4.65 acres from R-4
to L-Q zone for Verona Subdivision No.3 by Primeland Development,
LLP - northeast corner of North Ten Mile Road and West Milano Drive
Wardle: Thank you. I will be interested as to what that ride will be called. I have a little
one that would probably like to ride that. Item No. 13, Public Hearing, RZ 05-006,
rezone for Verona Subdivision No.3. I will open the Public Hearing with staff
comments.
Canning: President Wardle, Members of the Council -- there we go. Sorry. This is a --
the site is located east of Ten Mile and it1s about a half mile north of McMillan Road.
The subject of the rezone is actually only a small portion thatrs highlighted here on the
aerial. Itls just there at the entrance of the site. The purpose of the rezone of this 4.65
acres is to allow four lots -- or six lots to go from an R-4 designation to an L-O
designation. The applicant is proposing to have the zoning match what has, actually,
been approved on the site through the planned development use exception process.
So, they have done it at actually our -- we required it as a condition of approval for
Verona Subdivision No. 3 and so that's why they are coming in with the rezone request
And, again, ifs just so that we can match the use exception with the use -- the zoning
with the uses that are aUowed there that helps in financing and construction projects.
Meridian City Council
May 17t 2005
Page 14 of 43
P&Z has recommended approval at their April 218t hearing. To our knowledge there
are no outstanding issues before Council.
Wardle: Thank you, Anna~ Questions for staff?
Rountree: I have none.
Bird: I have none, Mr.. President.
Wardle: Would the applicant like to present testimony? Is there any further public
testimony on Item No. 13?
Donnell: Mr. President?
Wardle: Mrs. DonnelL
Donnell: Seeing no further testimony, I would make a motion to close the Public
Hearing.
Rountree: Second.
Wardle: It's been moved and seconded to close the Public Hearing on Item 13. All in
favor?
MOTION CARRIED: ALL AYES.
Donnell: Mr. President?
Wardle: Mrs. Donnell.
Donnell: I would make a motion that we approve Item No. 13, RZ 05-006, a request for
rezone from R-4 to L-O and to accept staffs findings.
Rountree: Second.
Wardle: It's been moved and seconded to approve Item No. 13~ Mr~ Berg, will you,
pi ease, ca II ro II.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 14:
Public Hearing: AZ 05-010 Request for Annexation and Zoning of 4.63
acres from RUT to L-O zone for Wvndstone Place Subdivision by
Quasar Development, LLC - 1151 South Wells Street:
Merid ian City Coun cil
May 17, 2005
Page 15 of 43
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Item 15:
Public Hearing: PP 05-012 Request for Preliminary Plat approval of 8
building lots and 3 common Jots on 4.63 acres in a proposed L-Q zone for
Wvndstone Place Subdivision by Quasar Development, LLC - 1151
South Wells Street:
Item 16:
Public Hearing: CUP 05-014 Request for a Conditional Use Permit for a
Planned Development for a professional office complex on 4.63 acres in a
proposed L-Q zone for W~ndstone Place Subdivision by Quasar
Development, LLC - 1151 South Wells Street
Wardle: Thank you. I will open Items No. 14, 15 and 16 for Wyndstone Place
Subdivision and open the public hearings with staff comments.
Canning: President Wardle, Members of the Council, this is called Wyndstone Place
Subdivision. It's located at the southwest corner of Wells Drive and Wells Circle and, as
you can see, ifs in Magic View Subdivision, which is just north of the freeway. So, it's a
little triangular shaped. They are coming in with an annexation and zoning, preliminary
plat, and Conditional Use Permit for a planned development. There is an existing home
toward the east end of th.e property as you can see. This is the proposed layout and ifs
a professional office complex on 4.63 acres and they are proposing an L-O zone. It is
shown as office on the Comprehensive Plan, so it would be consistent with that
designation~ They are proposing one 3,000 square foot building, two 4,000 square foot
buildings, four 5,000 square foot buildings, and, then, one 13,600 square foot building.
So, it's a total of 44,600 square feet of.office space. Most of the structures -- all of these
would be single story and, then, this is a proposed two story structure~ The lots that
these sit on -- I can show you that later. Ifs difficult to read. They do sit on individual
lots and the lots range in size from 12,000 to a little over an acre in size. They have
requested a planned development approval and that1s to reduce the required lot
frontage and setbacks. Normally, the frontage required in the L-O zone is 50 feet. Five
of the eight lots do not have frontage and you can imagine they are back here away
from the two streets~ I n lieu of frontage, the applicant is proposing to record a cross-
access easement for all the Jots. And on setbacks they have requested 20 feet --
instead of a 20-foot rear setback, they are asking for a ten foot rear setback and, then,
instead of a 20-foot side street setback, they are asking for a ten foot side street
setback. With the planned development they are providing two water amenities. They
are shown here. And the applicant may be able to talk about those more. One is in this
location and, then, the other one -- I'm sure the applicant can let you know where that is.
This is the elevation of the two-story structure and that sits in the far corner. And, then,
these are the one-story structures. This} again, is the site plan and this is the plat. As I
said, the plat doesn't provide much information relative to the site, ifs really more the
site plan that provides that. So, I will go back to the site plan. It will facilitate the
construction of -- or allow the construction of eight commercial buildings and P&Z has
recommended approval at their April 21 st hearinga The key issues of the discussion
were irrigation water supply and delivery and that was the existing property owner
appears to have cutoff supply to some of the neighboring properties and they asked for
a commitment from the .developer as to restoring the irrigation water service and the
Meridian City Coun cir
May 17, 2005
Page 16 of43
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applicant -- the Commission added two conditions of approval and the applicant has
agreed to these and they were to design an irrigation system that can serve all the
adjacent properties and the applicant was also to reinstall the fence at the end of Wells
Circle. Wells Circle is a cul-de-sac at the top of the property and ifs largely unimproved
right of way and the owner of the property to the north has some fencing thatls actually
installed in the right of way. There is one outstanding issue before Council. There is an
existing sewer line and easement on the west end of the property. The trees that are
shown on the landscape plan cannot be planted within the 20-foot landscape buffer, so
this does require a modification to site specific condition number two and staff has
worked up some language for that. I can read it into the record now and, then, if in your
motion you decide you want to have this be effective, you can reference this -- what 11m
going to read. And that would be the second sentence in the third bullet of site specific
condition number two to read: Said buffer to the north shall contain materials in
accordance with MCC 12-13-12-3 and not include impervious surfaces such as parking
areas. That's in reference to the landscape buffer on the north. And, then, add a third
and fourth sentence to the third bullet of site specific condition number two that reads:
Due to the existing sewer easement to the west, the buffer along the west property line
shall remain free of large trees and contain shrubs, flowers, and other ground cover
approved by the Meridian Planning Department. With that, J will end staff's
presentation.
Wardle: Thank you, Anna. Questions for staff?
Bird: I have none.
Wardle: Would the applicant please come forward. Please state your name and
address for the record.
Nickel: Thank you, Mr. President. Shawn Nickel, 52 North 2nd Street in Eagle. I'm not
going to rehash what Anna said. She did a good job of explaining the project~ Just to
point out that second amenity~ Let me find it on here, which is right -- the waterfall there
and those also have some seating area, so ies kind of a passive use~ These are office
buiJdings~ I do have one -- we did -- the one main issue at the Planning and Zoning
Commission was that irrigation issue, which we did meet with the neighbors before that
meeting, had everything worked out, we talked about it at the meeting, those conditions
were placed on there. One of the neighbors is here, probably, to update you on the
progress with that, so IIJI let him speak. Just for, I guess, a housekeeping matter on
condition number 11, Anna, and I apologize for not running this by you first, but I think
itls a minor -- and itls just in the sentence structure. We'd like it to read: Applicant shall
design a gravity irrigation delivery system sufficient to satisfy all adjacent properties,
because that was the issue with that is that we were trying to get that water delivery to
those surrounding property owners. So, 1111 leave it to Anna to address that, if thatrs
appropriate~ Regarding the buffer along the west boundary, we will provide a new
landscape plan prior to final plat. I do want to point out that we are proposing a six foot
solid -- reflecting a vinyl fence along that western boundary to provide additional buffer
for those neighbors and we just believe this is a very nice transition from the residential
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May 17t 2005
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-- the existing residential to the more intense commercial uses as you get out towards
Eagle Road, so I wanted to point that out~ I will stand for any questions.
Wardle: Thank you.
Bird: ML President?
Wardle: Mr. Bird.
Bird: I don't have a question for Shawn, but I just want to compliment him on the
development that they are putting in there. I think thatls a -- I think itls a very nice one~ I
hope you are able to stay to the elevations that we have seen, because it is a very -- it
will be a very attractive addition to that area out there. We appreciate it. Thanks.
Nickel: Thank you.
Wardle: Thank you. I have two other individuals signed up to comment on this
application. Elwood Rennison. Would you, please, come forward and state your name
and address, please.
Rennison: My name is Elwood Rennison. I live at 990 Mustang Street, Meridian, Idaho.
lid like to comment on the development that's going on here. f think ies really a nice
one. I think Shawn and Ross have done a really nice job laying it out and the people in
the neighborhood really appreciate what they have done. I want to offer that comment,
because I think ies really positive for the whole area~ And there is one thing that -- there
are three items that I wanted to comment on and if you will allow me to, I would give you
a written document. A letter. Sh"awn has addressed pretty much some of the irrigation
issues and on the west side -- well, I'll start with the letter here, would be the best thing.
Okay. Item A in the letter is that during the April 21 st Planning and Zoning meeting I
presented a letter on the same date. The letter had several exhibits attached to it and
when I went down and I reviewed the staff summary of Planning and Zoning
Commission recommendation to the City Councit dated May 10th, I noted that two of
the drawings that were in the document that I gave to the Planning and Zoning were not
there. Two of the drawings. And they are listed here as E 1 and E2~ Okay. SOr I want
you to take note of that if you will, please. Those should have -- everybody should have
had copies4 They were all put together and each one of the Planning and Zoning
individuals were given a copy of the letter with all the attachments, as well as the -- the
City Council -- or Planning members. Okay. That1s per comment.. Located on the west
side of the proposed development, which is where the vinyl fence is to go, the main
irrigation ditch runs just on the west side of the fence. If you will Jet me show you. The
main irrigation ditch runs along this side here and up and turns around and, then, of
course, you can see where it comes through right here at this location~ What happens
is if the ditch gets over full back in here, it will have a tendency, because it runs on the
high point of the land, okay, it will have a tendency to overflow this way. So, we are
asking that in the development plan that some provision be made to maintain the open
ditch that is there right now. That ditch provides water for the landowner right here,
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May 17, 2005
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thaes where they get their .water from. Normally, they would come in the corner here
and there is a drainage that goes on down to Five Mile Creek and thafs in there and
that's been there for years and it's strictly just to get water to one landowner, plus if the
ditch overflows for some reason, we have gophers get in there and we have a lot of
problems with it on the lower side, if the ditch -- just have a small swale or something
maintained in there on the new development. If you will see exhibits one and two
attached to the letter, I sort of made an illustration for you to look atf if a picture is worth
a thousand words, we hope, anyway. So, that will kind of give you an idea of just kind
of how the drainage can kick off over the side of the high point there. The third item that
I have listed here -- and I will try to do this quickly. Mr. Robert Middleton still does not
have water, okay? The land to his place. And this is one of the items of contention with
Planning and Zoning. Ross and Shawn have bent over backwards, doing somersaults
and everything to get the water across and they have gotten, as you will see on
attachment four, which is the last one on the letter, there was a signed fax -- a signed
letter and drawing showing where a temporary ditch can be ran and Shawn and Ross
have worked real hard to make this happen for us and they have asked Mr. Middleton if
he would go ahead and excavate the ditch and let it down and cross through there. And
Mr. Middleton is more than happy to do it, except the current landowner is not the best
person to deal with. We like dealing with Quasar~ Okay? What we have is after this
was sent to Bob Middleton, I received a phone call from -- excuse me -- from the -- one
of the landowners and if you will indulge, I would appreciate it.
(Tape played.)
Rennison: Thank you for listening to that. I like to be professional about everything I
do. Sometimes it doesn't become the best thing to stand bay, but I try to do that. I say
Shawn -- they have done eve~hing they can to try to get the water across to Mr.
Fehrman and this was -- this was played -- I put this to the various people listed in heref
okay, and I don't know where we go from here~ Quasar has done everything they can.
They got the letter. The main thing is if Mr. Middleton goes on the property and digs a
ditch, it goes right through where the driveway is at for the buildings and Mr~ Fehrman
does not want the water in the area of the driveway, so he can get in and out. It kind of
has to be where it's at. Mr. Middleton was -- is going to pipe it, but we don1t have
anything specifically for him in writing to indemnify him for a third party claim and hold
him harmless in case something goes wrong. And there are utilities in there, too. There
is a telephone line that has to be located and what we would like Quasar to do is to get
a letter for Mr. Middleton and, then, when he does the ditch have somebody out there
with him. We -- Mr. Fehrman is my neighbor from many years. I know him quite well.
Okay? So--
Donnell: And he likes you a lot.
Rennison: Well, he comes over to the house there and argues with me until my wife
has to leave. But, anyway, those are the three items that I wanted to bring up and I
appreciate you listening to me and listening to the tape and we want Quasar
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May 17. 2005
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Development to have their facility there and ifs very nice, okay? And thank you very
much, Council members and everybody else.
Wardle: Thank you. I have one additional name. Ross Erickson. If you will state your
name and address, please.
Erickson: Ross Erickson. 13318 West Woodspring Courtf Boise. Just real quickly, jf
you look at the picture, between the property there is that -- we are not too in the loop.
There is the property up to the north that would like to get some irrigation water and I
worked with Mr.. Rennison and Mr. Middleton prior to our P&Z Commission hearing to
try to work out an arrangement, as a liaison between the two, between Jim Fehrman
and the property owner to get a temporary ditch built across Jim Fehrman's property, so
that they could get some water to serve Mr. Middleton for this irrigation season and I put
a sketch together and talked it over with Jim, with a little permission statement on it that
authorizes us or our agents to go in there and actually build a temporary ditch to provide
Mr. Middleton some water and it has been signed and so Mr. Middleton is authorized
to go in there and build a ditch. I think there is -- he's still a little bit skeptical about
getting in there, because of the past relationship with the property owner, but we have
been trying to do everything we could, you know, it's really not something that we have
a lot of position to do anything with, because there is history on it and things. But we do
have a signed permission slip here for Mr. Middleton to go ahead and build a temporary
ditch and, then, with our project, when we come in, we will build permanent piped
concrete junction boxesJ gravity delivery system, to serve Mr~ Middleton, which would
be next year for the following irrigation season~ And I just -- one of Mr~ Rennison's other
comments was regarding the overflow ditch along the west boundary of the project.
That ditch is actually on --- it's not our property, it's adjacent to our property, so we won't
be impacting that and there is a city sewer easement through there with a -- kind of an
all-weather surface gravel road there for the city access right now and thafs where we
will be planting some shrubs and flowers and things and maybe some small trees, so
we won't be impacting that~ I guess 1111 stand for any questions that you may have.
Wardle: Thank you. Council, any questions?
Bird: J have none.
Erickson: Thanks.
Wardle: Is there anyone else that would like to comment on any of these applications?
Just a quick question for staff, before the applicant returns. Mr. Nickel had some
comments about a specific change. Is staff okay with the --
Canning: Yes~ They are good changes~ Yes.
Wardle: Okay. Mr. Nickel?
Meridian City Cou ncil
May 17, 2005
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Nickel: Again, Shawn Nickel, 52 North 2nd in Eagle. So, hopefully, we are clear on the
comments by Elwood, we are going to do our best -- see, the problem is the property is
under contract by Quasar Development. They are not the owners until -- it's probably
going to be a couple of months before they actually take down the ownership of the
property~ In the meantime, we are trying to coordinate with the existing owner and that
was the person that was on the voicemaiJ -- trying to coordinate with him to get
permission to build that temporary ditch and, again, as Ross stated, we do have a
signed letter stating that Mr. Middleton can do that. If there is anything else we need to
do, we will be more than happy to work with Elwood and Mr. Middleton, if we have to go
out there and stand around while he's digging the ditch. We will make sure that it gets
in appropriately and I don't know if I will leave any messages on Mr~ Rennison's
machine, but I will definitely keep in touch with him.
Wardle: Mr~ Rountree~
Rountree: It's either a question for -- probably for both staff and Bill Nary, but the
permission authorizes Quasar Development and their agents. Would it be appropriate
that Quasar identify Mr~ Middleton as their agent in order to validate this agreement with
the property owner or is that above and beyond the call of duty?
Nary: Mr. President, Members of the Council, Councilman Rountree, certainly that --
thatls not going to hurt them to make that designation. I don't see a problem with that.
But I mean I don't know that they have to, but --
Nickel: We would have no problem doing that.
Wardle: Thank you.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Is Mr. -- Mr. Fehrman isn't the only owner out there, is he? I see itls BNF
Enterprises ~
Nickel: It's an LLC that he's a member of.
Bird: Yeah. Okay. Thank you.
Wardle: Mr. Rountree~
Rountree: I have one question for Brad before we close~ The comment about the use
of the current access road on the sewer easement, is that providing necessary access
and -- for inspection and/or troubleshooting?
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Watson: Mr. President, CouncHmember Rountree, as I asked Anna today, I said you1re
not planting shrubs in the road -- the access road, right? And she said that I would get
to look at it and approve it before the landscape plan is approved~ So, we will make
sure we have access~
Rountree: All right. Thank you~
Wardle: Is there any other further comments before we close up? I would also like to
make a comment that I think that certainly the elevations that we see are very nice and
the site looks nice and I just happen to live right around the corner, so I think it will be a
nice addition to the neighborhood. So, appreciate you working with the neighbors and
the individual property owners. Hearing that and no further public comment, I would
accept a motion to close the public hearings on Items 14, 15 and 16.
Donnell: So moved.
Bird: Second.
Ward Ie: I t's bee n moved a nd seeD nd ed to close the pu blie h ea rings 0 n items 14, 15
and 16. All in favor?
MOTION CARRIED: ALL AYES.
Wardle: Council, we have three items before us.
Bird: Mr. President?
Wardle: Mr~ Bird.
Bird: Mr. President, I move we approve AZ 04-010, Wyndstone Place Subdivision by
Quasar Development, LLC, and to incorporate public testimony, applicant, and staff
comments.
Rountree: Second.
Wardle: And just as a clarification, Mr~ Bird, is that to include the Findings and the
amendment to the findings?
Bird: Yes, it does.
Wardle: With that, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
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Meridian City Council
May 17t 2005
Page 22 of 43
Bird: Mr. President?
Wardle: ML Bird.
Bird: I move that we approve Item No. 15, PP 05-012 for Wyndstone Place Subdivision
by Quasar Development, LLC, and to include staff, applicant, and public testimony and
to approve Findings of Facts and Conclusions of Law and Decision of Order.
Rountree: Second.
Wardle: Jfs been moved and seconded to approve Item No~ 15. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Canning: Councilman -- I mean President Wardle, was that -- do you want those
findings to come back to you at a different date or just make the modifications and get it
to yo u?
Bird: With the modifications.
Wardle: Item 16.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: I move we approve CUP 05-014, Wyndstone Place Subdivision by Quasar
Development, LLC, incorporate all staff, applicant, and public testimony and approve,
with modifications, the Findings of Facts and Conclusions of Law and Decision of Order.
Rountree: Second.
Wardle: Ifs been moved and seconded to approve Item No. 16. Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 17:
Water, Sewer and Trash Delinquencies:
Wardle: Item No. 17 is water, sewer, and trash delinquencies~ Scheduled turnoff for
May 18th, 2005~ Pursuant to Meridian City Code 9-1-21, delinquent water users shall
have the right to request a pre-termination hearing prior to water service being
disconnected. No water users have requested such pre-termination hearing for May
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17th, 2005, water service for the attached turnoff list we will be terminated on May 18th,
2005~ The total amount of the turnoff list is $32,338.57.
Rountree: ML President?
Wardle: Mr. Rountree~
Rountree: I move that we approve the delinquent turnoff list for May 18th in the amount
of 32,338.57.
Donnell: Second.
Wardle: Ifs been moved and seconded to approve the turnoff list. All in favor? Any
opposed? Motion passes. Thank you.
MOTION CARRIED: ALL AYES.
Item 18:
Discussion of Black Rock Subdivision by Brad Watson, Public Works
Director:
Wardle: Item No. 18, a discussion of Black Rock Subdivision by Brad Watson.
Watson: Thank you, Mr. President. If I may, lid like to just pass out a hard copy of this.
It didn't get into your packets last week, so if I can take a minute to do that~ Mr.
President, Council members, I think you know the background on this particular project.
Mr. Wood has been before you two times over the last year. Last July -- Council
Member Donnell was not here at that time, but he also on March 1 st talked about this
project This proposed project has about 220 acres, 50 of which would -- is approved
through Ada County for a non-farm on subdivision with 44 lots, build-able lots. United
Water Idaho at the -- on Mr~ Woodts behalf, petitioned the Public Utilities Commission
this spring to extend service -- water service into this area. The subdivision is outside
the area of impact, but within that thing called the referral area. I provided written
comments to the PUC in April asking them to deny the entire request. J think J have --
may not previously given you those comments, but I will. United Waterls attorney
provided me five -- testimony on this application~ I agree that the area that was within
the City of Meridian area of impact is deleted from United Water's request to expand, as
is indicated, the service area. The final order from the PUG came to me yesterday.
That is included in the back of that packet that I gave you. They do grant the expanded
certificated area to United Watert less the area that is within Meridianls area of impact.
Anna Canning and I met with Mr. Wood earlier this month to discuss options on this
property~ The four that we came up with -- Mr. Wood thinks there is only three, but
there are four. One is a city-operated community well. Somehow we would work with
Mr. Wood to get a municipal type well constructed and we could operate a satellite
system. The second option is to extend city water to serve this subdivision. According
to Len Gradyls modeling, it Jooks like we would need -- there would need to be about
8,400 feet of 12-inch line just to get to the site. We didn1t talk about who would build it
Meridian City Council
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Page 24 of 43
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and costs and all of that~ The third option -- well, I will give you the fourth option first,
because ifs very short, and that's the do nothing option, where no development takes
place until we do have services out there. Thafs the one that Mr~ Wood is, obviously,
not interest in. Number three is the one that probably would have the most discussion
around it and that is releasing that area, in addition to this three square miles you see
on the screen that are shaded in I think light blue from the referral area. The sewer has
been master planned outside of the impact area to the south and does go through this
three miles -- three square mile area in two different spots. The existing city limits are
presently a half-mile north of Amity Road. There are several pending applications that
would bring that to Amity Road, thereby making this application -- or this project a
quarter mile away. Without going into too much detail, there are -- well, you haven1t
approved those pending applications, obviously, so we cantt presume that those will be
approved at this point in time. We did just a quick analysis on the implications of
releasing that area back to Ada County. Or I guess ies not really ours to release, but no
longer have any -- within our referral area or trying to extend area of impact to include
those three square miles~ Based on some information I got from our finance director
and some assumptions on density and home value out in that area, it looked like the
annual property tax revenue lost would be a minimum of about a million dollars a year,
all the way up to three and a half million dollars a year, depending on, of course, density
and home value~ The one thing that I do need to point out and make everyone very
aware of, not just for this particular issue, but for many issues that are going to be
coming your way is, is that the sewer capacity in the south is -- is getting chewed up
very very very quickly, With the preliminary plats that Council has approved, there are -
- I have got my numbers backwards. With the pending applications and the ones that
you have approved, there are only about 300 units -- equivalent residential units of
capacity left in that area~ The pending applicant, since they do not have an approved
total -- about 870 lots, so what has been approved with -- only what's been approved by
our -- about 1,1 00, maybe 1 f200 units left out there. But, as you know, those are going
pretty quickly in that area. I'm going to let the planning director offer a few comments at
this point.
Canning: President Wardle, Members of the Council, 11m sorry, it's just when we
discussed this before, we've had a lot of discussions -- it seems like once a month they
crop up about this whole area here and, in particular, in this area, the furthest extent of
the sewer reach for this line and there seems to be some question as to whether we will
ever get there -- that some of these properties would, really, seem to be able to develop
easier in Boise city or Ada County, actually, than others. And, then, 1 did just want to
point out some of the very odd parcelization thaes gone on down here and we have
seen in these kind of circumstances where ifs very difficult to effectively develop and
that's one of the reasons we felt that Council may want to consider whether they should
be in the area of city impact or not. I mean if it was large 40 acre or 80 acre or 120-acre
properties, we probably wouldnft be having this discussionf but aside from the sewer
constraints there, it's a parcelization pattern and that may not lend itself to real easy
development of this area in the future~ The fire district boundaries does go to Columbia,
though, correct, Mr. Silva? It goes to Columbia? It goes to Lake Hazel. Which I was
pointing at the right line, just called it the wrong thing. Sorry~ So, the fire district
Meridian Ci ty Cou ncil
May 17t 2005
Page 25 of 43
boundary does come down to Lake Hazel. So, jf those were incorporated in the city of
Boise, there is some potential that the fire district could lose some of their area. Those
were the only additional comments J wanted to make.
Watson: Mr. President, I think I was done with my presentation, but certainly be glad to
answer questions.
Wardle: Okay. Council, questions for Brad?
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Brad, I see United Water is willing to get a well out there. Whafs the county going
to do as far as the sewer? Are they going to allow septic tanks or a community sewer
like we have got at a couple locations here in the county or what?
Watson: Mr. President, Councilman Bird, I believe -- my understanding is from the
applicant that they will be doing a community wastewater system for the non-farm
portion. I don't know what the ultimate proposal would be, other than Boise city bringing
central services to it via a lift station.
Bird: Thank you, Brad.
Wardle: Bradf let me ask for a little clarification here. Are you asking the Council this
evening to choose one of these four options? Is this for information? What would you
like as an outcome?
Watson: Mr. President, I think staff or Planning and Zoning and Public Works, we need
some direction on what we are going to do out in this area. As Anna mentioned, we
have had several discussions at your level and numerous ones at our level, on a
property down here that is or was owned by Bradford and Camille Shaw~ We have had
this one here that is owned by the Calvary church~ They have been in front of you and I
have met with them numerous times. We have a golf course here that isn1t going to
redevelop in residential, so -- but we just -- we are getting these questions out here and
we don1t know what direction -- at least I don't know what direction to give them as far
as temporary service, service some day, never -- I feel like we are at -- I hate to use that
term, because ifs getting over used these days, but the tipping point on this property out
here. We either need to -- well, we can't serve it. We can't serve it with sewer. We just
can't right now. I mean we probably co.uld squeeze one -- well, another half mile into
the capacity we have, but we canrt until the Slack Cat crosses the interstate~ That gets
back into that whole Ten Mile interchange transportation issue subject. So, yeah, I
guess I would like some direction on one of these four options and, as I said, number
four is probably not the one that really means anything.
Bird: Mr, President?
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May 17,2005
Page 26 of 43
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Wardle: Mr~ Bird.
Bird: Brad, I want a recommendation -- I mean if we was to go ahead and get a well out
there and Jet them put in some kind of a sewer system, do you want to inherit that sewer
system, like you're going to on a couple others?
Watson: ML President, Councilman Bird, as you recall, we went down this road with
another project on Linder and Victory area and it turned into a long, long, long process
of back and forth~ J'm not saying we can't do it, we could -- we have a lot of skilled
people that could run a system and if we were allowed to review plans, make sure it's
built to our specifications, we can do that. But what thaes doing is driving up the
developer's cost to the point where I -- hers already got preliminary plat approval from
Ada County and now hels got approval from United Water. The only thing that may be
lacking -- and Mr. Wood is here if you1d like to question his approval on the community
septic system -- or wastewater system.
Bird: Does your -- what is your department's -- what's your feeling that your department
would like to see happen here, given all the circumstances and the history?
Watson: Councilmember Bird, issuing 300 building permits a month is probably not the
best frame of mind for me to answer this in, but I'm not confident we can get sewer
there anytime in the near future and operating a satellite system -- or we can do it, it1s
not another thing that we really want to be burdened with. We are busy enough. If you
do one, I think there will be others that come in, follow right along~ I don't want to do a
subdivision where we provide the water and don1t have the sewer necessarily.
Bird: I agree with you a hundred percent and, on the same token, the developer isn't --
isn1t going to go by your specifications on a sewer system if itls going to cost him -- if it's
going to hurt his penciling out. You and I both know that.
Wardle: Council, would you like to hear from Mr. Wood?
Rountree: Sure.
Bird: Sure.
Wardle: Please.
Wood: My name is Dan Wood~ I live at 2025 East Chateau in Meridian here.
Councilmember Bird, we do plan on interiorly, meaning the 44 lots, to develop that
according to the City of Meridianls specifications. But the actual sewer system, the
treatment capacity, we are doing a self-contained system, you know, that's -- thatls
been -- what, is under -- there is one being built out in Eagle right now. There is one out
in Kuna right now. There are a number of other places. But, ultimately, ifs treated right
there on site and, ultimately, itls clean water and from there we are going to put it on the
Meridian City Cou ncil
May 17t 2005
Page 27 of 43
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ground that we have, with the plans that when the city did come, that, ultimately, that
would have to be abandoned and homes up -- you know, the 44 homes we have, we
would attach, then, or it would be attached. Of course, it creates more problems, then,
too, you know, because those homeowners are -- who knows, they are not going to be
real excited about it, but we also realize that, you know, that1s going to be in the CC&Rs
and we are going to disclose all that, that some day the City of Meridian will own this,
but for now that doesn't mean when the city might get there and from what the dates
were thrown around the other day, it could be as far out as 2010. And so who knows
what it might be then, so -- but I want you to know that our plans were to do it the way
the city has it done. JUS submitted the plans to DEQ. Be more than happy to have
Brad or whoever take a look at them. I mean that's -- just to see if that is the case. So,
like was mentioned before, you know, even though politically the city wasn1t ready to go
out in this part of townf you can see there is an application that I got notice on thatls
going to take, if approve, would front on Amity, which potentially puts it only a quarter
mile away from -- which is only one property owner, so that -- so, I hope that answered
your question.
Bird: Mr~ President?
Wardle: Mr. Bird.
Bird: Yeah. Dan, it does. And I realize that, but the thing -- you know, the thing that I
don't want to see the city have to get into -- we have been very fortunate by putting
some service out to a couple of subd.ivisions and, then, when they got contiguousJ we
brought them in and we didn1t have one complaint. We never had one complaint, thank
God. I don1t want to get to the point of Boise. Yeah, you can put it in your CC&Rs, you
can do whatever. Are you going to be the only real estate agent there? Okay. I mean
we can be like out here at Crossroads, you know, those people -- there was a big sign
that said commercial coming, but their realtors told them they wasn't going to be there.
We had -- we had resident after resident in here testifying to that. And thatls what
happens. And, then, the City of Meridian looks like they are taking ground, you know,
and you think these people are going to put in a sewer system now and, then, be real
happy to pay our 6,000 dollars hookup fee or something?
Wood: I understand.
Bird: And thafs something I think as a Council we have got to decide if we want to put
to future -- because this is going to be a future Council. Now, Shaun might be young
enough to be still on it, but --
Donnell: Are you offended Councilman Rountree?
Rountree: No. I'm proud of it.
Bird: I just feel that -- I don1t know how -- 11m not sure I want to put us in that kind of a
deal. And I know, Dan, that you would -- you know, what you say we can go to the bank
c
Meridian City Council
May 17t 2005
Page 28 of 43
on, but you're not going to build every house and you're not going to sell every house
out there.
Wood: You can put it right in -- you know, the other subdivision that we did out -- that
we got in the county, you know, we put it -- ies like the first item we put on your CC&Rs,
but when the city of Boise annexes, there will be people that said we never knew, but,
yetJ itls right on the face of the plat and ifs the first thing in our CC&Rs but -- and there
will be confusion -- or there will be misstatements and to agents saying this or that, I
won't disagree. I mean you just do the best you can and try and notice as much as you
can, but, inevitably, you wonrt satisfy them and that's something that is -- you know, you
keep trying to circle us to try and find a better way to do it, you know, so that we donlt
have that issue, and that's why J have been here a couple of times to say, hey, is there
a way we can work it out and I have talked with staff a couple times, but the way the
city's is I understand and so that1s why have been going down that route and it just
happens that this piece is so close to United Water and Boise that all of a sudden ies
like, hey, jf you1re going to do a satellite well, maybe we ought to look at providing, you
know, United Water right to them. Well, they are about just as far away as the City of
Meridian is, so when, you know, United got the objection from the City of Meridian, ifs
like, okay, let's go talk to the City of Meridian. We always intended -- and it's not only
me that's involved in this. There is partners involved and I just happen to be the only
guinea pig that comes up here. But, you know, we have always intended it was going to
be a Meridian subdivision. But, like you say, if ifs -- you know, politically it sounds like
it's going to be a ways out there with -- you know, and traffic's only getting worse in
northwest Meridian and without that Ten Mile I can see it potentially being awhile, but
sewer is going to be right to this ground here if capacity was there, so --
Bird: Okay~ You answered my question.
Wardle: Thank you.
Watson: Mr. President? If I may, just to make one clarification to make sure we all
understand. If you do consider this release from the referral area, what -- what I would
take as direction is that be removed from our sewer master plan area and that we are
not serving that ultimately with sewer. That means this will be generally to lower density
Ada County stuff or the cluster stuff, because United Water, if they are going to come
here, they come out just to do a little subdivision, they will take this whole three square
mile area and, then, we get into the same situation that southwest Boise has and I don't
look forward to that. Thank you.
Wardle: Council, is the decision that you would like to discuss some more, make this
evening, potentially bring back a recommendation?
Rountree: Mr. President?
Wardle: Mr. Rountree.
Merjdi an City Coun eil
May 17, 2005
Page 29 of 43
Rountree: I guess I'd like to share some guidance from Mr. Nary in terms of this is in a
referral area, I don't know -- I don't see anything -- official request to extend this area,
but that's something thaes being talked about Is that something that needs to be
brought up in a Public Hearing or can it just be an action from the Council? If we don't
exclude the area, it sounds to me like approval has already been granted to subdivide
and provide water and it's got a package point for the sewer. So, what is our say in this
situation? Refresh my memory. les been awhile.
Nary: Thank you, Council President, Members of the Council, Councilmember
Rountree~ I don't think -- and Brad and Anna can correct me if I'm wrong -- I don't think
you have to do any of these actions tonight. I think you're right, I mean the project's
been approved to this point by the county. The issue was is how is the water going to
get there and right now there is an issue -- I think the portion -- if I understand this
correctly, that portion that is -- we discussed in this Black Rock, the one that's outlined
in red on that picture, is wholly outside of our area~ The original request by United
Water came, actually, across Amity Road and up to this property, as well as the part
thafs yellow and green. So, right now this property is already -- or this development
has already been approved as it is, so Mr. Wood just has to figure out how to get water
there, whether the city is going to provide it through some cost share or something else
or hels going to have to do a well or something -- something different. I guess my belief
is what the staff is asking is that this is not the only piece of property, this just happens
to be a larger one of those and is seeking direction from the Council as to how do we do
this, do we continue this master planning toward this area all the way down to the
southern boundary there at Columbia or do we basically stop the planning area at
Locust Grove, because I think -- Locust Grove all the way down to Columbia allows
these propertiesf basically, to be out of the referral area and if thaes the decision of this
Council, then, you direct the staff simply to begin that process of whatever we need to
do to notify Ada County that we no longer consider that to be part of a referral area or
our future growth area and off the top of my head right now I couldn't tell you specifically
beyond just the letter of notification of the county if we need to do more than that~ But I
think that's -- that's the reason we are having this discussion is this area is -- I think, as
Brad said a number of times, it comes up often to the staff as to what to do and this just
happens to be part of the discussion today is how does this water get to this particular
property~ Currently United Water is eligible to serve it. les more of where the area of
impact touches us that we are trying to deal with. Now, did I get it wrong? Am I off
track? Okay. I thought that's what -- that was the reason we are -- if you chose to do
nothing now and think about it, nothing bad is going to happen~ You can say I think it's
just that we need to have this discussion at some point and put on -- if you're not -- if
you don't feel comfortable making a decision tonight, I would simply suggest that you
put it back on your agenda within two weeks -- or I guess it would be three weeks if
you1re not having a meeting in two weeks.
Rountree: So, the only -- the thing I'm hearing, then, is that at this point, other than this
particular subdivision being in the referral area, it's not in our impact areaf unless we
choose to extend the sewer and/or water into the referral area, ifs a moot point.
Meridia n Ci ty Cou ncil
May 17,2005
Page 30 of 43
(
Nary: Councilman Rountree, that's correct. And the referral area is simply that,
because it is a future planning area as wellf they provide us with that option for inputf
but that was the key reason in the order from the PUC that they opted not to grant our
request to deny it, that the only issue becomes is if we are ever going to grow in that
direction, then, we need to have some direction about that~ If the Council's desire is not
to go in that direction and simply stop at Locust Grove, thaes fine as well.
Donnell: Mr~ President?
Wardle: Mrs. Donnell.
Donnell: Brad, help me understand the map that's included with this packet. Everything
thaes there is future on this map?
Watson: Mr. President, Councilmember Donnell, the brown lines are future sewer
trunks and are included in our sewer master plan.
Donnell: Where is our current sewer? How far does it -- where is it? Off the map,
obviously.
Watson: No. It1s -- if I can point at the screen. It exists to this point on the southern
boundary of Tuscany Lakes Subdivision.
Donnell: All right. On Locust Grove?
Watson: Just off of Locust Grove.
Donnell: Okay.
Bird: And the other one isn1t at all.
Donnell: All right. And, Mr~ President, follow up?
Wardle: Mrs~ Donnell.
Donnell: I really would like some time to about this~ Being one of those people who
likes to control the world, I don't think that -- that I like the idea of giving up any kind of
control in this part of the world and I understand staff's concern about being able to
provide services and what kind of impact that is on them, but -- so I would like to
suggest that we do give some thought to this and bring this back in a couple of weeks
for possibly a decision at that point.
Bird: Mr. President?
Wardle: Mr. Bird.
Meridian City Coun cfl
May 17t 2Q05
Page 31 of 43
(:~~.:.. :
coo,. :' . .. :.
Bird: I need one more question out of Brad. Brad, if I remember right, this is JUBIS --
off of their sewer deal, wasn1t it, that we had done?
Watson: Councilmember Bird, that is correct.
Bird: And if I remember right, every line they drew was gravity flow and no lift stations;
right?
Watson: Yes.
Bird: Okay. So, this was all gravity flow?
Watson: Yes.
Bird: I think that makes --
Donnell: And would continue to be? I mean thafs all the way to that furthest point is all
gravity flow?
Watson: All the way to the upper end is gravity flow.
Bird: All gravity flow.
Donnell: And SOt Mr. President, jf I might?
Wardle: Mrs. Donnell. You bet.
Donnell: Then, as -- if I understood what you were saying here, Brad, then, if Boise
were to provide sewer services, they would have to put a lift station in; is that right?
Wardle: I do not intimately know the master plan, but I believe they would have to pump
over into their Cloverdale trunk once it's in this area.
Donnell: So, they are coming in an opposite direction?
Bird: Same thing they did at Centennial and Bristol Heights and all them. Thanks to our
school district.
Canning: Mr. President, one quick comment if I might. It occurs to me that there is one
basic assumption that staff made that we haven1t made clear to you all, so I just wanted
to make sure you were aware of that and that is the assumption that if United Water
includes this in their service area, that that is something that the city does not want to,
eventually, annex -- to have them actually in the city limits. So, thaes why this issue is
coming to you now, is because itls -- if you don't want United Water in the eventual city
limits, then, we need to make other arrangements to get water to ML Wood. So, that
was the sense of urgency that had not -- I mean itls not urgent urgent, but he needs to
Meridian Ci ty Cou ncil
May 17, 2005
Page 32 of 43
know fairly quickly, so that we don't allow United Water to go into what will eventually be
the city limits.
Bird: Mr. President, can I ask a legal question? Clear this up. I think I know the
answer, but if -- if and when we annex that, having our own water system, if United
Water is in there, they still get to stay there, don't they?
Nary: Mr. Bird, yes, they still get to stay there and I appreciate Mrs~ Canning pointing
that out I think that's the only urgency that you have, is that right now United Water has
authority to go serve the Black Rock development. If you don't want that, then, weld
have to provide it in some fashion in some reasonable time for Mr. Wood, otherwise, he
can ask that United Water do it. So, that is the one urgency, I guess, that I wanted to
make clear, that I don't think Mr. Wood wants you to take too long to make that decision
on what you'd like to do.
Wardle: Mr. Watson, I will just offer my quick opinion for you and if any of the Council
would like to add theirs -- J think we need to have this discussion about the area. I'm not
prepared to make the decision tonight about whether at anytime in the future we should
annex the property or not. Certainly I think that we are not going to be able to serve --
the very very far corner if we are not going to be able to serve that with sewer, even in
the future, then, we need to potentially look at removing that from the referral area. As
far as water service, I know that the city's had a history in the past of holding along our
water system. It appears that United Water is available to serve this piece and while
certainly that's not to mean that we like to as a common sewer thing within the city, at
this point in time I don't think that the City of Meridian is prepared to make other
arrangements for water -and so we can -- I hate to say put that on another Council, but it
doesn't appear to me that we have a choice. We will have the choice whether to annex
the property when we become contiguous and that will be, really, the choice that we will
make. Does that spark anything in --
Bird: Mr. President, I just have -- you know, I have a -- I'm like Councilwoman Donnelt I
don1t like to give up any area, but I also understand developers have to have something.
And I absolutely do not want United Water coming in our territory. We -- I have a feeling
that we have a problem at one location now thaes going to surface. So, I see where
Brad says that itls about 8,400 lineal feet to get our water down there, whether that's the
right way to go, but I'm with you, Mr. President, I think it needs to come back -- what
would it be, June 7th -- and give Mr. Wood an answer, because he certainly deserves
one, and I would be prepared to do that.
Wardle. Okay. June 7th. Do the rest of the Council -- let me clarify that, Mr. Bird. On
the issue of Meridian providing water service to this specific development, we would
answer that question on the 7th?
Bird: I would expect that we should -- you know, that should be part of our answer is
that, and Mr. Woodis taking care of the sewer, so --
Meridian City Council
May 17t 2005
Page 33 of 43
Wardle: And I believe that's already it the process and still have some approval time.
Okay.
Bird: Because, you know, 11m to the point that if we canlt keep the water and sewer, I
donlt want our -- I donlt want our people being billed by another water company.
Wardle: Okay.
Donnell: And, Mr. President, just to follow up.
Wardle: Okay.
Donnell: I think, if f heard what Brad said -- and perhaps, Anna, you as well, is that staff
really would like to know -- to have some direction as well, not just on the water issue,
but on other issues that come forward in that area; is that right? So, you really want us
to think about more than just whether or not we should provide water or not? Donlt
make us think too hard now.
Canning: President Wardle, Councilwoman Donnell, one of the -- clearly the United
Water issue is the only urgent issue. The other issues can certainly wait for some time~
And one of the enhancements I have requested is to study all of the south county areas,
so I think that that issue may come up. It1s certainly one that needs to be addressed
within the next couple of years at the latest, so --
Donnell: The next couple of years at the latest?
Wardle: Thank you. Then, Council, if you would agree, I would ask Brad to bring back
June 7 a -- as a department report either a positive or negative answer as to the water
service for Black Rock Subdivision. Okay.
Rountree: Mr~ President?
Wardle: ML Rountree.
Rountree: I would like to have staff provide us some -- just bullet points, the pros and
cons in this particular area as it relates to its potential for the City of Meridian. I hear the
folks that want to control it not wanting to lose control, but I donlt know necessarily fall
on that particular venue, so I think there is probably some advantages to not possibly
having it as part of Meridian as well, so -- other than the sewerability, which, you know,
if it all gravity feeds, that's certainly the most economical thing to do for us and/or the
developers in the future, but are there some other issues as it relates to other
infrastructure, as well as just the community itself that are advantages or disadvantages
and it1s not a homework assignment, but if yourd provide some of your thoughts it would
be helpful before the 7th.
Meridia n Ci ty Cou ncil
May 17f 2005
Page 34 of 43
(".
t...... .
Wardle: ML Rountree, just to clarify one of the issues, you mentioned that -- to have it
not in the City of Meridian. One of the things that I have heard iSf really, the decision is
-- is whether to -- is the water issue and -- which certainly doesnft preclude annexation
in the future.
Rountree: No.
Wardle: But would, obviously, have a different water provider. Great. Does that
provide us enough direction, Brad?
Watson: Yes. Thank you.
Item 19:
Department Reports:
c. Legal Department - Bill Nary
1. Proposed Policy Changes:
a. Bereavement Leave:
b. Education Reimbursement:
c. Introductory Period of Employment:
d. Compensation Program:
e. Clothing Attire and Allowance:
f. Military Leave:
g. Director Benefits Program:
h. Trial Service Period for Promotions or Transfers:
Wardle: Thank you very much. Item No~ 19 has been moved from Item 6-C. Legal
Department, proposed policy changes. Mr. Nary.
Nary: Thank you. I thought I'd get out of the chair, since I always sit over there. A few
weeks ago I brought a bunch of ordinances that we had been working on and this week
we have a bunch of policies, so I don't want you to think I was just sitting around
drinking coffee like most lawyers do. Most of these policy changes have been directed
by you, some of them haven't, so I want to explain those. Some of them have come up
in application and the way our policy manual is worded, if there is an issue of
interpretation, it's my decision on to how to interpret the policy. What we have done is
try to make sure the policy makes sense and if we need to clean it up to make it clearer
in the future -- most of them are fairly simple. The first one I will just be brief and stop
Meridian City Council
May 17, 2005
Page 35 of 43
(r""':".
/,I'.:~... :1:.
f """ ;
'~.... :.. .
me if you want to discuss any of these in more detail or you have changes you want me
to make. The first one, the bereavement leave, basically, it came up because the issue
has come up in the past. We have always applied bereavement to family members,
whether they were step-family, whether they were half brother or a half sister, we never
-- we never in the past, from what I have understood, ever applied that to somebody
they weren't allowed to take time off because it was a stepchild versus a natural born
child, so we just clarified that in the policy. The question had come up about it. J don't
think ies a huge change. Education reimbursement. We already have this policy
regarding reimbursement for employees to classes that are related to their employment.
They have to be approved by their department director, but there is a thousand dollar
limit and what we discussed at the department director level, that there are occasions
where we thought it would be more appropriate to give the director that discretion within
their training budget, with some other approvals, to allow for reimbursement that might
exceed a thousand dollars. The reason being is is that -- I guess the rational I can think
of as the most simple way to explain it, if you were going to send an employee to a
course that was a week long and that was in another state, it might cost more than a
thousand dollars, but if it was related to their employment and we felt we were going to
get a value out of that, we probably wouldn't blink, we would look how much was in our
budget, weld make a decision to send the employee or not. If they are going to a class,
instead, at the University of Phoenix or Boise State or NNU or something like that --
and, again, it's related to their work, the city gains a benefit from it, with a cost of 1 ,200
dollars, instead of a thousand dollars, the employee is out 200 dollars of their own
money. It doesn1t seem to make sense to do that. It seems like the director should
have the discretion to decide that it's going to benefit them, maybe that employee who is
attending classes, is not going to go on an out-af-state training, because they are
attending class instead and that's the kind of reimbursement and education that we are
trying to provide for the employee and provide some level of flexibility. It didn't make
sense to turn back 500 dollars out of your training budget andf then, have an employee
suffer a hundred dollar loss on the cost of a book or a course or something like that,
when we could reimburse it. That was the intent behind that. The introductory period of
employment. This was a bit more complicated than I --
Bird: I got a question.
Nary: Uh-huh.
Bird: On item number two in the procedures and related, the department director may
consider reimbursement in excess of a hundred thousand for registering --
Nary: One thousand.
Bird: -- with approval of the Mayor. I would prefer that to say approval of the Council.
Nary: Okay.
Donnell: And, Mr~ Nary -~ Mr~ President?
(-
Meridian Ci ty Cou ncil
May 17~ 2005
Page 36 of 43
Wardle: Mrs. Donnell.
Donnell: Just a thought about that. This really puts the onus on your department heads
and runs the risk of them favoring one over another, if they have that kind of discretion
as well. I mean that's just a thought. And 11m sure you have probably all discussed that,
but --
Nary: And, certainly, if we change it from the current, which is a thousand and it just
says if it's in excess of that, then, there needs to be more approval, I can certainly insert
the word Council in there instead. The introductory period of employment, just to give
you a little brief history, one of the things Chief Worley told me when he was the chief
here is that if I ever had the ability to change this policy specifically, to make it not
remind everybody on every other line that they are an at-will employee and we can
terminate them at anytime for any reason, that's what we should do. He found it to be
so onerous for new employees and it sounded so cumbersome on a new employee to
drill that into them so hard. So, I tried to make it clear that we are still an at-will
employer, but not necessarily include it four times in the same policy, because it was
already in there enough. We also wanted to make sure that it was clear we could
extend the introductory period that we sometimes have for employees to 90 days. It
requires the Mayor1s approval on every one of those -- the Mayor doesn't need to sign
every one of those things, it doesn't make much sense, as long as the human resources
department is part of that discussion, I think it makes more sense. Legally I think that's
adequate. The other thing we did -- we took out section six, because thafs now the one
that's called trial service period ~ The reason I took it out of this policy is ifs two different
concepts in the same- policy, it doesn't make much sense from an employee's
standpoint. When you're talking about introductory period for brand new employees, it
doesn't make much sense to mix in something else and so thatls why we took it out and
put it in another place. The compensation program -- when we do the budget
presentation, ('m going to be proposing a different method as to how we group our
compensation plan and how we group our different categories, because we have 21 pay
categories for exempt employees -- or for non-exempt employees and eight pay
categories for about 15 -- well, about 20 different jobs for exempt employees. It's real
cumbersome and most everyone I have spoken to since I have been here never could
understand how we came up with these methods. They don't seem to make much
sense to the general employees, so I will be proposing a change, but this policy is more
of a cleanup to remove the cost of living requirement. A year -- or last October we
discovered in our policy that we had actually mandated ourself to require us to give
cost-of-living increases to all employees annually and the Council direction at the time
was that -- that isnlt the way we are going to do business. We are trying to move toward
a merit-based system as the direction we'd like to go. All I have done here is remove
the cost of living as a mandatory requirement annually and the only other change to that
policy is that the current policy says if an employee exceeds their pay range, then, they
are entitled to only one more pay increase and, then, all they are entitled to is cost of
living. Well, again, if we eliminate cost of living, then, they have nothing, that doesn1t
make much sense. Wh.at I have included and if you want me to change it I certainly
Meridian City Council
May 17, 2005
Page 37 of 43
(.. ..
can, if we are going to move to a merit-based system, what I have included in here is
that once they have exceeded the pay range, they still can be entitled to their merit
increase, but we would give them in a lump sum amount, it wouldn't go to their base, so
that their base would still have to wait until their pay range caught up, but they still could
receive a merit increase. I think that's a better benefit to the employees, it provides
better incentives, we have a number of -- well, a small number, but a number of
employees who are senior, have senior level positions, or are in a position where they
have been here a long period of time, all they have gotten for a number of years is cost-
of-living increases and we are very fortunate that we have such great employees, that it
has not been a disincentive to their performance. They are almost always still the
higher performers in their department, yet they are getting the one, one and a half
percent increases and that's all they receive. Clothing attire. This one has been our
policy, but it seems like it's gone a Jot longer than it really should have. Ifs been held up
a little bit, because there was some discrepancy in the departments on safety clothing
and how to issue that. I tried to clean it up to make it clear. Basically, if we buy into the
-- if we buy them clothes to wear to workf then, thatfs what you have to wear. If you're
going to get attire in your department, you're going to purchase ones that have city
logos on them or things like that, that you can only have city logos on items that actually
can be worn in the workplace. I don't think it should be a real problem, but I wanted to
make sure that never -- never became an issue. And that, ultimately, the department
directors are responsible for the -- responsible for the people that they supervise. One
of the questions that come up a number of times -- and ies really hard to craft -- and I
have looked at a number of different policies -- it's really hard to craft a policy that fits
everyone. But the department director needs to be responsible for their own folks and
setting that tone and setting that example in that department and making clear what the
expectations are. Honestly, employees that have a tremendous amount of interaction
with the public will have a different standard of attire than those that dontt. Those that
work in an office setting will have a different standard than those that work in a more
blue-collar maintenance type of function. I think it makes more sense to let the
department directors deal with that, rather than trying to fit a one size fits all, and, then,
we -- you know, when the Mayor asks me who is supposed to tell this person not to
wear that, J can tell her the policy says you go tell the director, the director can deal with
the person. That makes the most sense to me. The military leave policy is just to catch
up~ The Council actually had directed this before and we just hadn't gotten the policy
cleaned up. This simply allows employees who are on active military duty, would allow
their family members to remain on our medical program, as long as they pay the CQ-
payment each month, like all other employees do and if there was a gap in pay between
what the employee was making and what -- for the city and what they are making in the
military, that the city would make up that gap in pay -- basically paying that out of the
salary savings while we hold the position open for the employee~ The director benefits.
This one is real popular with some of our colleagues. The direction I have received both
from Mr. Bird, as our liaison, as well as the Mayorf is that in our policy we donlt
distinguish at all between directors singling out employees or general employees when
we hire them or when they begin their employment with the city. One of the things we
have been very fortunate -- that hasn1t been a recruiting problem to date. It hasn't been
a retention problem to date, but in a very competitive market that we live in and a very
Meridian Ci ty Council
May 17, 2005
Page 38 of 43
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competitive environment we Jive in, both the Mayor and Mr. Bird felt we needed to
address that in some fashion. I tried to fashion -- and the directors all -- we all
discussed it, trying to fashion -- they necessarily weren't all monetary in nature, although
some of them are, and some of them are, but that would provide some incentives and
here are the reasons for them. One -- the first bullet, obviously, is no introductory
period of employment. All the directors are appointed, so they serve under a different
system anyway, they serve at the pleasure of the Mayor and the Council anyway, so
having them fall under the introductory period of employment where they say in six
months we are going to reevaluate you doesn't make much sense. I deleted that. The
annual leave accrual is increased. Right now directors when they start, start at zero,
like every other employee, they accumulate eight hours a month and they accumulate it
on the -- on the increases as designed for all employees in there. The problem with that
-- for example, Chief Anderson that we just hired, 24 years of experience with the City of
Nampa, he was accumulating vacation at 20 hours a month. He comes here and he
has zero. He starts at eight. It doesn1t make much sense. Didn1t, obviously, drive Chief
Anderson's decision to come to work here, but it doesn't really make much sense when
you1re trying to recruit a senior level person to be a director of your department and,
then, tell them start a zero and -- because you aren1t always going to be able to attract
the best candidates if you need to do that. The next one is half of the accrued vacation
leave annually I put it in deferred compensation plan. One of the things the Mayor felt
was very important is that the message that we send to all of our directors is that we not
only care about you working for us today, we want to care about you staying with us for
the long haul and what happens to you when you do leave, when you do retire from the
cityls employment. It does allow this type of diversion. You have to do it in what -- you
have to do it in this calendar year for the next calendar year~ Rather than cashing it out,
which sometimes does not look very good to the public, we would simply put it towards
the deferred compensation program. We already have a couple of them that exist for
the city, so we can divert -- essentially, there is a monetary impact, of course, to the city
and Stacy was going to workup those -- this. -- if we were to implement this policy, we
couldn't actually implement this until 2006, because they1d have to make that election
this year. Again, I donlt think from a dollar standpoint -- Stacy would have the final
numbers, but I don't think itls going to be a significant cost for the city. The first year
there may be a lot, because directors have a large accumulation of vacation, maybe,
but after that, after they took half of it out each year, the benefit on the other end is that
if the director left, you would have less of a pool to pay back to them when they
separated, because it puts some of that away each year in deferred camp. The city
match was another basically part of that. The city would match a portion of the
director's salary -- two percent is what was proposed here -- up to two percent. If the
director put in less than two percent of their own salary into the deferred compensation
program, then, the city would only match whatever they match. It was another, I guess,
a benefit, really, of trying to entice higher quality folks, senior level folks, when we have
that need, or retaining folks as well. You know, in the private sector that1s not an
uncommon type of thing, profit sharing and things like that, in the private sector that
they can offer. This is the only way we can match that to some degree. The bank of
hours is another issue that comes up periodically. Again, when we start as directors like
myself, you start here you have zero sick leave, you have zero vacation, you donlt have
Meridia n City Cou ncil
May 171 2005
Page 39 of 43
(::.. ...,
(
any time on the books for any -- and for some folks having a little bank to make sure
that they could take off time for a three day weekend to go do something or if they are
sick in the first couple of months and they have to deal with, you know, an illness in their
family or themselves, having a little cushion for them -- most private sector places may
give you even more than that, but we felt that was adequate of two days of annual leave
and, basically, a week's worth of sick leave. Again, it's a soft cost to the city, so it's not
a real significant monetary impact. Next is the life insurance coverage~ Currently, all
employees, the city cover a 25,OOO-dollar life policy. There is not a significant cost to
the city. We can increase that for the directors if we wanted to. Again, the idea was
trying to provide the message that we care about kind of everything that happens in
your life and you being a part of what we are doing. The other thing, just to back up,
one of the things I added in here was to make it clear that directors are accountable to
the Mayor and the City Council and the citizens of Meridian. A few years ago we had
an issue where there wasn't always -- at least to me, when I was sitting up there} it
wasn't always clear to me that the directors always had that message that their
accountability wasn't just to their department, but it was also -- and certainly it was clear
that they had an accountability to the Mayor and the Council, but it wasn't always to me,
at least, clear that we also -- always had a responsibility to the citizens. You know, we
do manage the money with you on how we spend the citizens' dollars, how we manage
the operations of the city, and I just added in here -- as one of the reasons why we have
to even consider these types of benefits differently than we do for general employees.
Most general employees don't have that same responsibility. Of course, they do -- ies,
again, as a report to a director. The last one, this is just -- actually, it was Mr. Bird's
impetus for this. There is, hopefully, never going to be this type of occasion -- you
know, most of you are familiar with family medical leave and if you have adequate time
on the books, then, if you have an illness or you have a serious medical condition that
requires some treatment time or something else, then, you have a job security and take
your time off to be able to do that. Well, again, a lot of the directors don't always have
that especially some -- most of our directors are fairly new, they don't have a
tremendous amount of time in the books. We do have a short-term disability plan. The
city already provides that. Thatls a benefit. What this -- what this proposal is is simply
that if that -- if the director doesn't have adequate time to make up that 21 day waiting
period that's necessary for the -- for some disability to start, that the city would cover
that difference. There, again, may be a fiscal impact to the city again, I hope that this
isn1t going to happen very much~ I don't know that ifs happened really ever, but if it
were to happen, the city would cover that basic difference in the 21 days. That pays
you 60 percent of your salary, so it doesn1t pay the entire salary, so -- but, again, we
wouldn't be replacing the director in the interim, so it would be to make up that
difference, sort of the same idea we have with military leave~ The director, while they
are off on this leave, weren't going to lose their paycheck or have their pay cutf so they
have to deal with that loss as well, a pay, as well as the time off that they have to take.
The long-term disability, the other portions of this, is the same idea, it's to provide that
gap coverage to make sure you get all the way to your 90 days, if necessary, and, then,
that they would cover that. I only added on an additional 90 days, because at that point
you1re at a six month window, 90 for short term, another 90 in long term, at that point,
180 days for the city, I felt, as well as the rest of the directors felt the city is going to be
Meridia n Ci ty Cou ncil
May 17. 2005
Page 40 of 43
making some decisions at that juncture. That director is going to have to make some
decisions as to whether they can return to work any longer and we probably couldn't go
much longer than that without a director in place and with just an interim person having
to fill that gap. That would at least cover that window for both the director and the city.
We haven't had very many people even get into long-term disability. les kind of been --
from the information I was able to gather, welve either had people that got us a long-
term disability -- just general employees, not just directors, but they have either got into
it for about two weeks and, then, they were fine, or they got into it and they are on it
forever. I mean it was one or the other. There wasn1t a whole lot of people that went
30, 60, or 90 days out and came back, it was usually either a short term, they roll over a
little tiny bit and, then, that was it and they were done or they were seriously disabled
and weren't able to return to work at all. Again, I know ifs different, it wasn1t -- it wasn't
something we took very lightly~ We tried to really put some thought into every one of
these things as to the cost benefit and the retention issues of it, the recruitment issues
that come from it, and whether or not ifs fair and reasonable and what we ask all the
directors to do in their positions in the city. lid just leave that for your consideration.
Implementation of it, we haven't gotten that far yet. If you were to approve it -- as I said,
for example, that the vacation buy back that goes into it couldn1t even occur until 2006
so, we are a ways out for that. Some of these other things weld just have to figure out
how do we implement them if it1s acceptable to all of you~ Do you have any questions
about any -- do you want me to keep going? There is only one more~ The last one
simply we took the trial service period for promotions or transfers. My initial thought
was we already have made it clear to folks that you're already at will. Just because you
move to another position, just because you get promoted, doesn't mean that if you canlt
perform that job, that you get to go back to what you used to do. But because itls come
up occasionally from people that didn't always understand, they thought if they got
promoted to a new position or they took a different position in the city and it didn't work
out for them, that they had some automatic right to return to their former position, even if
we had already filled it and whether or not someone else was already working and
maybe working out. So, we wanted to make clear to folks that that's not the reality. If
you get promoted and you donlt work out, you may not have a job. Like I said, that was
just the other policy, we just put in a new one to make it clear that it applies just by itself.
And that's all I have. So, if you have any questions or issues or concerns or changes,
besides the one Mr. BirdJs already raised?
Wardle: Mr. Rountree.
Rountree: Yeah, Bill. Applicability of all these to the fire service.
Nary: All of the -- all of these policies specifically say a number of times in the policy
manual -- I can include them if -- like in the benefits program, that they donlt apply if
there is a contract.
Rountree: Okay.
Nary: So--
Meridian City Council
May 17,2005
Page 41 of 43
/
i.~~
Donnell: Mr. President?
Wardle: Mrs. Donnell.
Donnell: Let's see, how do I say this? First of all, you do a really good job of clearing
the rooma And secondly --
Nary: Thank you.
Donnell: You1re welcome. This -- you have made a very rich benefit system even richer
with these changes and while 1'm not in disagreement of many of the changes that you
make, I would really like to see, before we -- before I could feel comfortable acting on it,
a cost analysis of what this really will cost the city. When you say soft costs, truly,
regardless of whether they are leave days, vacation days, whatever it is, it is a cost to
the city when those people are not at work and so if there is a way that Stacy could cost
out at least some of these ones where you actually can get numbers to, I would really
appreciate that before I would feel comfortable in acting on these changes.
Nary: Mr. President, just to clarify, Councilmember Donnell, is that just on the benefits
program?
Donnell: Mostly on G. But, actually, I think that there would be a cost on D~ I kind of
like that if we pay you wear on the clothing attire allowance. The military leave, lid like
to see cost on that as well. And, then, of course, the director benefits program. And,
actually -- oh, I'm okay with the education reimbursement, if thaes handled with our
approval, so --
Nary: On the compensation program, because there is no cost of living, so you're
talking about just that -- giving merit and a lump sum?
Donnell: ExactlYt
Nary: What will that be?
Donnell: Exactly.
Nary: Okay. And, then, on the military leave, because we only have one active military
person at this juncture, the family has remained on our program, but they are paying the
same co-pay as everyone else, so that -- there is no cost difference to the city and he
does -- he gets higher pay --
Donnell: Through the military?
Nary: -- currently than he would have received here, so he receives no reimbursement.
And in no situation, if they are going to active military, like this particular one, where
Meridian City Coun cil
May 17, 2005
Page 42 of 43
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they are actually going overseas, that's almost always going to be the case~ The only
ones that get activated that maybe stay in the United States, but they go replace
someone, that could happen. We only have two other people that are currently in the
military that are eligible to do that.
Donnell: We just have to remind ourselves that as Bob McClain said earlier this
evening, our growth is phenomenal and that will also play out with our police and as any
practice and policy that you put in place affects -- affects the city down the road with the
growth of any of those facets as well. So, I'm assuming that this military leave also
includes reserves? Anyone that's --
Bird: That's who it would be.
Nary: Right. Yes. It does include reserves, but the policy part that we are changing is
only if it's a call to active duty.
Donnell: Okay. All right.
Nary: But not for their two weeks off or for that. The only other thing, too, is what we
found commonly and also in other organizations like Nampa and Boise, is that a
majority of your employees that are going to be in the reserves to go in the military
seem to all fall into both fire and police commonly.
Donnell: Sure. Makes sense.
Nary: The reason that fhere is little to no cost to the city by basically paying them out of
our salary savings, because we have to hold their position, is because we can't fill the
position behind them with a temp. If they were in a different position than police or fire,
then, we might have the ability to at least hire a temp in that, but we can1t hire a temp
police officer or a firefighter, so we just generally run short for that period of time.
Donnell: Okay~ Thank you.
Wardle: Thank you. Council, further direction? Mr. Nary, would it be your wish after
answering a couple of these questions to, then, bring these back as a resolution on --
Nary: Three weeks.
Wardle: Yeah, we are missing a meeting on the 1 st and so the 7th after some -- some
information back and forth.
Nary: Yeah. What I can do, Council President, is I can prepare a resolution, I will bring
the -- I'll prepare the resolution, so you can act on it if you wish, but we will provide you
a written copy of whatever information we gather on the financial implications, so you
will have it well in advance of that. If there is other questions, you don't have to act on
them on the 7th if you don't want to, we can certainly change it, we can remove that one
Meridian City Council
May 17t 2005
Page 43 of 43
policy if you're not ready to act on that one as well, so --
Donnell: Great Thank you~
Nary: All right.
Wardle: Thank you~ That brings us to the end of our agenda.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: I move we adjourn.
Rountree: Second.
Wardle: It's been moved and seconded to adjourn our meeting at 9:05. All in favor?
MOTION CARRIED: ALL AYES.
Wardle: We are adjourned.
MEETING ADJOURNED AT 9:05 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
P I 7 / ()~
DATE APPROVED
(
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO~
5-8
REQUEST Streetlight Agreement for Sienna Creek Subdivision No.1 by Sagewood
Development Company
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:
See attached Agreement
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeffngs shall become property of the City of Meridian..
f~
'\
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.....
City of Meridian
Public Works
RECEIVED
MAY - 9 2005
City of Meridian
City Clerk Office
To: Mayor de Weerd & City Council
From: Karie Glenn
CC: File
Date: 51612005
Ke: Proposed Agenda Items for 5/17/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on 1he
5/17105 City Council agenda, on the Consent Agenda, for Councills consideration:
1) Streetliaht Aareement for Sienna Creek #1.
Typical Streetlight Agreement.
Recommended Council Action: Approve the Streetlight Agreement for Sienna
Creek #1 and authorize the Mayor to sign and City Clerk to attest.
2) Streetliaht Agreement for Redfeather Estates #2.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #2 and authorize the Mayor to sign and City Clerk to attest.
3) Streetlight Aareement for Redfeather Estates #3.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #3 and authorize the Mayor to sign and City Clerk to attest~
Thank you for your consideration~
. Page 1
A P r I 27. 2 0 0 5 I r : 3 8 AM
NOt3080 p. 1
c..:.....
('~~.... .. . .
..........: ... .
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF 1vfERIDIAN
and Sagewood DeveI~pment Co. pertaining to the street lights in Sienna Creek #1. a residential
de'Velopment in Meridian, Idaho.
For good and -valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Sagewood Development Co.. has provided lea~ Single h~CJd street light poles, concrete
pole bases, fixtures, bu1b~ and components to the residential development known as
Sienna Creek #1 in Meridian, Idaho4 The parties acknowledge that the lea. Single head
street light poles and appurtenances were specially ordered items, not customarily used in
residential developments in Meridi~ Idaho.
24 Sagewood Developtnent Co ~_ or it' $ assigns, agree to replace, repair and provide any
required maintenance of any of the above mentioned street lights. and/or appurtenances
thereot: that may hereafter be broken, damaged~ or deteriorated, or require maintenance,
at its own expense; and it is further agreed that Sagewood Development Co., or its heirsiJ
successors and assigns, shall keep the lights operational at aU times, it being understood
by the City that bulbs, and/or ba11ast~ do burn out and that the City will allow reasonable
time to replace them.
3~ It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the lea, Single head street lights located in Sienna Creek #1 in the usual and
customary manner.
4 ~ It is agreed that the City of Meridi~ because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance~ will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement7 which in
proper cases provide that Idaho Power Company would proVide Ul.wntenance, bulbs, and
ballast It is also agreed that lighting serVed under the Schedule 40 Agreement must be
controlled by a photo electric device of the ''fail off" type~
5. It is understood and agreed that Sagewood Development Co. 'Will assign its rights and
obligations hereunder to when said Homeowners Association is fonned and operational.
STREET UGHT AGREEMENT
Page 1
A P r · 2 7. 2 0 0 5 11: 3 8 AM
No.30BO p. 2
f .
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I~~"
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This AGREE1v1ENT shall be binding on Sagewood Development Co~ its heirs, successors
and assigns, and the CITY OF 1vJERIDIAN.
day of
,20
Dated this
CITY OF MERIDIAN, a municipality and
Political subdivision of the State of Idaho
By
Mayor, DeWeerd
ATTEST;
William G~ Berg, Ie.~ City Clerk
Sagewood De~19prnent Co.
By
ATTEST:
Secretary
STREET UGHT AGREEMENT
Page 2
A p r I 2 7 ~ 2 0 0 5 11 ~ 3 8 AM
NOl3080 p. 3
(" . .
STATE OF IDAHO, )
SS~
+ County of Ada, )
On this ~ day of , .20 ~ before me, the undersigned, a Notary
Public in and for said State, personally appeared Mayor DEWEERD and WllLlAM G~ BERG,
JR.1 known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who
executed the within instrument, and acknowledged to' me that the City of Meridian executed the
same~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
NOTARY:PUBl,IC FOR IDAHO
RESIDING AT ·
MY COlvlMlSSION EXPIRES
STAlE OF
,)
: ss.
County of ,)
in and fOf said State, pe sanally appeared USA A f/( ~^,Er/1- and
known to me to be the :President and Secretary of
~~~ \;?e.ut1C1t?~ fa and who executed tbe within instrument on bebalfofsaid
corporation, and acknowledged to me that said corporation executed the same.
IN WITNE.SS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written,
~,,,..t ""'1. -
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'''''''''In'''cC'
NOTARY PUBLIC FOR IDAHO
RESIDING AT ~
MY CO:MldISSION EXPIRES
STREET LIGHT AGREEMENT
Page 3
(. .
c..:.::.........
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO.
5-C
REQUEST Streetlight Agreement for Redfeather Estates Subdivision No.2 by
Redfeather Estates Home Owners Association, Inc.
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:
OTH ER:
See attached Agreement
tL/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properiy of the City of Meridian.
(...... .
(.
.:.~
City of Meridian
Public Works Dept.
or:CElvrn...
fS~~_ Pi fr~; $}
~~\ L L lL.,j;.
MAY - 9 2005
City of Meridian
City Clerk Office
To: Mayor de Weerd & City Council
From: Karie Glenn
CC: File
Date: 5/6/2005
Re: Proposed Agenda Items for 5/17/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
5/17105 City Council agenda, on the Consent Agendal for Council's consideration:
1) Streetliaht Aqreement for Sienna Creek #1 t
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for Sienna
Creek #1 and authorize the Mayor to sign and City Clerk to attest.
2) Streetliaht Agreement for Redfeather Estates #2.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #2 and authorize the Mayor to sign and City Clerk to attest.
3) Streetliaht Aareement for Redfeather Estates #3.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #13 and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration..
. Page 1
(. . .
.... .
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF rdERIDIAN
and Redfeather Estates Subdivision Home Owners Association, Inc. pertaining to the street lights
in Redfeather Estates #2, a residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Redfeather Estates Subdivision Home Owners Association, Inc. has provided 14ea.
Single head and 1 ea. double head street light poles, concrete pole bases, fixtures, bulbs,
and components to the residential development known as Redfeather Estates #2, in
Meridian, Idaho. The parties acknowledge that the 14ea. Single head and I.ea. ~ouble
head street light poles and appurtenances were specially ordered items, not customarily
used in residential developments in Meridian, Idaho.
2. Redfeather Estates Subdivision Home Owners Association, Inc~ or it's assigns, agree to
replace, repair and- provide any required maintenance of any of the above mentioned
street lights, and! or appurtenances thereot: that may hereafter be broken, damaged, or
deteriorated, or require maintenance, at its own expense; and it is further agreed that
Packard Estates LLC, or its. heirs, successors and assigns, shall keep the lights operational
at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that
the City will allow reasonable time to replace them.
3 ~ It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the 14ea. Single head and lea~ double head street lights located in Redfeather
Estates #2, in the usual and customary manner.
4~ It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off" type~
5. It is understood and agreed that Redfeather Estates Subdivision Home Owners
Association, Inc~, will assign its rights and obligations hereunder to when said
Homeowners Association is formed and operational.
STREET LIGHT AGREEMENT
page 1
(" "".
/"
(" .
This AGREEI\1ENT shall be binding on Redfeather Estates Subdivision Home Owners
Association, Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN~
Dated this
day of
~ 20
CITY OF MERIDIAN, a municipality and
Political subdivision of the State of Idaho
By
Mayor, DeWeerd
ATTEST:
William G~ Berg, Jr., City Clerk
Redfeather Estates Subdivision Home Owners Associatio~ Inc.
By
------.........
---..
President
ATTEST:
Secretary
STREET LIGHT AGREEMENT
page 2
(. : . .
~< .
("-O-~. .:. :i
"i::..~. :... .
STATE OF IDAHO, )
: ss.
County of Ada, )
On this _ day of ~ 20 -' before me, the undersigned, a Notary
Public in and for said State, personally appeared Mayor DEWEERD and WlI...LIAM G" BERG,
JR, known to me to be the Mayor and City Clerk of the CITY OF :MERIDIAN, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written~
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDlNG AT
MY COJ\11v1ISSION EXPIRES
STATE OF
,)
: SS~
County of . ,)
In ~d for ~ sai~ .St~te, so n all y appeared ~ ~ ~~. :7"(. ~ and
~ .' f r \ 1 -K known to me to be the Prest ent and Secretary of
~ ~ ~ c y T ~ { 1- 1'7., and who executed the within in ment on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
,..11111.., 'I
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NOTARY PUBLIC OR IDAH9J
RESIDING AT :0P,. u/c/ui-ff
MY COJ\11v1ISSION EXPIRES ~::J' 5*' d eo G.o
J
STREET LIGHT AGREE:MENT
page 3
(
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO.
5-D
REQUEST Streetlight Agreement for Redfeather Estates Subdivision No.3 by
Redfeather Estates Home Owners Association, Inc.
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:
OTH ER:
See attached Agreement
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
MaterIals presented at public meeHngs shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
I> I=CEI VE~ n~
j11t~ s~~ - oiL. Lt/
ri1A y ~ 9 2005
City of Meridian
City Clerk Office
To: Mayor de Weerd & City Council
From: Karie Glenn
CC: File
Date: 5/6/2005
He: Proposed Agenda Items for 5/17/05 City Council Meeting
The Public Works Department respectfully requests that the follOwing items be placed on the
5/17105 City Council agenda, on the Consent Agenda, for CouncilJs consideration:
1) Streetliaht Aoreement for Sienna Creek #1.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for Sienna
Creek #1 and authorize the Mayor to sign and City Clerk to attest.
2) Streetliaht Apreement for Redfeather Estates #2_
Typical StreeOight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #2 and authorize the Mayor to sign and City Clerk to attest.
3) Streetliaht Aareement for Redfeather Estates #3.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #3 and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration~
. Page 1
(..
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN
and Redfeather Estates Subdivision Home Owners Association, Inc~ pertaining to the street lights
in Redfeather Estates #3, a residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. Redfeather Estates Subdivision Home Owners Association, Inc. has provided 7ea. Single
head street light poles, concrete pole bases, fixtures, bulbs, and components to the
residential development known as Redfeather Estates #3, in Meridian, Idaho. The
parties acknowledge that the 7ea~ Single head street light poles and appurtenances were
specially ordered items, not customarily used in residential developments in Meridia~
Idaho.
2. Redfeather Estates Subdivision Home Owners Association, Inc. or it's assigns, agree to
replace, repair and provide any required maintenance of any of the above mentioned
street lights, arid! or appurtenances thereof: that may hereafter be broken, damaged, or
deteriorated, or require maintenance, at its own expense; and it is further agreed that
Redfeather Estates Subdivision Home Owners Association, Inc.., or its heirs, successors
and assigns, shall keep the lights operational at all times, it being understood by the City
that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to
replace them.
3. It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the 7 ea. Single head street lights located in Redfeather Estates #3, in the usual
and customary manner~
4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off" type. .
5 ~ It is understood and agreed that Redfeather Estates Subdivision Home Owners
Association, Inc., will assign its rights and obligations hereunder to when said
Homeowners Association is formed and operational.
STREET LIGHT AGREEJvfENT
page 1
(-.
("
This AGREE:MENT shall be binding on Redfeather Estates Subdivision Home Owners
Association, Inc~ its heirs, successors and assigns, and the CITY OF 1\1ERIDIAN.
Dated tbis
day of
~ 20
CITY OF 1\ffiRIDIAN, a municipality and
Political subdivision of the State of Idaho
By
Mayor, DeWeerd
ATTEST:
William G~ Berg, Jr., City Clerk
Redfeather Estates Subdivision Home Owners Associatio~ Inc.
By /Z Sf'
~
President
ATTEST:
STREET LIGHT AGREEMENT
page 2
STATE OF IDAHO, )
County of Ada, )
SSA
On this _ day of , 20 -' before me, the undersigned, a Notary
Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk of the CITY OF ~RIDIAN, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
~OTARY PUBLIC FOR IDAHO
RESIDING AT
MY CO~SSION EXPIRES
STATE OF
,)-
County of ,)
On this qfh day of t~'
In And for ~ai~ ~ S~atel pe
~t C--~ lU- \ C (
~ r .f~ 0 .<~~ S _I -, and who executed the within instrument on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
: S8.
IN WIrNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day ~d year first above written.
..' ", t II U"ft,
~1Il~" SCH 'I,
.." ~ ~ U J" ;,
.... . '\ \ ~ ..."._. <.. L\ '~
~.... -.....: ) 0- .. v.-.n "-
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#'I#.~ 1'13 Of \Q ",..,
'#"#1"'111"""
STREET LIGHT AGREE1vIENT
page 3
(.
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO~
5-E
REQUEST Streetlight Agreement for Redfeather Estates Subdivision No.4 by
Redfeather Estates Home Owners Association, Inc~
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:
OTH ER:
See attached Agreement
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
(
c:-..:: . .
City of Meridian
Public Works Dept.
RECEIVED
MAY - 9 2005
City of Meridian
City Clerk Office
To: Mayor de Weerd & City Council
From: Karie Glenn
CC: File
Date: 5/6/2005
Re: Proposed Agenda Items for 5/17/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
5/17/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Streetliaht Agreement for Redfeather Estates #4~
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #4 and authorize the Mayor to sign and City Clerk to attest.
2) Streetliaht Aareement for Redfeather Estates #5.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #5 and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
( ..
('.~'n.
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Redfeather Estates Subdivision Home Owners Association, Inc~ pertaining to the street lights
in Redfeather Estates #4, a residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1 ~ Redfeather Estates Subdivision Home Owners Association, Inc~ has provided 7 ea. Single
head street light poles, concrete pole bases, fixtures, bulbs, and components to the
residential development known as Redfeather Estates #4, in Meridian, Idaho.. The
parties acknowledge that the 7ea~ Single head street light poles and appurtenances were
specially ordered items, not customarily used in residential developments in Meridian,
Idaho.
2. Redfeather Estates Subdivision Home Owners Associatio~ Inc~ or it's assigns, agree to
replace, repair and. provide any. required maintenance of any of the above mentioned
street lights, and/or appurtenances thereof: that may hereafter be broken, damaged, or
deteriorated, or require maintenance, at its own expense; and it is further agreed that
Redfeather Estates Subdivision Home Owners Association, Inc. or its heirs, successors
and assigns, shall keep the lights operational at all times, it being understood by the City
that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to
replace them.
3. It is agreed that the City of Meridian authorize and pay for the electrical 'service to be
supplied to the 7ea~ Single head street lights located in Redfeather Estates #4, in the usual
and customary manner.
4~ It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off" type.
5 ~ It is understood and agreed that Redfeather Estates Subdivision Home Owners
Association, Inew will assign its rights and obligations hereunder to when said
Homeowners Association is formed and operational. ..
STREET LIGHT AGREE:MENT
page 1
('
This AGREE1\1ENT shall be binding on Redfeather Estates Subdivision Home Owners
Association, Inc~ its heirs, successors and assigns, and the CITY OF MERIDIAN.
day of
,20
Dated this
CITY OF 1\1ERIDIAN, a municipality and
Political subdivision of the State of Idaho
By
Mayor, DeWeerd
ATTEST:
William G# Berg, Jr., City Clerk
Redfeather Estates Subdivision Home Owners Association, Inc.
By fLy
President
ATTEST:
STREET LIGHT AGREE1\1ENT
page 2
(---
(~. .
. .
STATE OF IDAHO, )
: SS,
County of Ada, )
On this _ day of , 20 --' before me, the undersigned, a Notary
Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG,
JR~, known to me to be the Mayor and City Clerk of the CITY OF :MERIDIAN, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written~
SEAL
NOT ARY PUBLIC FOR IDAHO
RESIDING AT
MY CO:Mtd[SSION EXPlRES
STATE OF
,) -
ss.
County of ,)
Ufh
On this ~ day of. [, 20 D5 ~ befor~ me~ the. undersigned, + a Notary Public
In Wd for said. .sta~e, p rsonaIly appeared R ~ G r 0-1 G t,.. ve and
J "1 Ct ~. 10 \ r \ G \C known to me to be the ~ esident and Secretary of
\? e d e rJ hi 0..( fN r,Jf<:; l-lb1rt ., and who executed the within instrument on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
"",I" """'1,
,..,,,, \. ~A S C L> ##"
~ ot'\. ~ .... ... "7 /'.. '.,...
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1,-,., "'1 I"'"
NOTARY PUBLIC,.ijOR IDAHLQ nA ~ f); .
RESIDIN"G AT {J)~ I .U!()LJJ.V~
MY CO:Mtd[SSION EXPlRES Q - 5~ - ~ D 0 (.L>
STREET LIGHT AGREE:MENT
page 3
(,...... . ...
(':~~:'.:..:
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO.
5-F
REQUEST Streetlight Agreement for Redfeather Estates Subdivision No.5 by
Redfeather Estates Home Owners Association, Inc.
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:
See attached Agreement
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
~" f
(\
City of Meridian
Public Works Depta
D r:CEJ \1 r n~J..
~m 41\ f4 ~~." p
~~ ":..~" -:~ ~J z:r J:/
J!.;i~l .t~w.p:.i"'::"
MAY - 9 2005
C.ity of Meridian
City Clerk Office
To: Mayor de Weerd & City Council
From: Kane Glenn
CC: File
Date: 5/612005
Re: Proposed Agenda Items for 5/17/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
5/17/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Streetlight Aqreement for Redfeather Estates #4~
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #4 and authorize the Mayor to sign and City Clerk to attest.
2) Streetliaht Aareement for Redfeather Estates #5.
Typical Streetlight Agreement
Recommended Council Action: Approve the Streetlight Agreement for
Redfeather Estates #5 and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Redfeather Estates Subdivision Home Owners Association, Inc. pertaining to the street lights
in Redfeather Estates #5, a residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1# Redfeather Estates Subdivision Home Owners Association, Inc~ has provided 3ea. Single
head street light poles, concrete pole bases, fixtures, bulbs, and components to the
residential development known as Redfeather Estates #5, in Meridian, Idaho. The
parties acknowledge that the 3ea. Single head street light poles and appurtenances were
specially ordered items~ not customarily used in residential developments in Meridian,
Idaho.
2. Redfeather Estates Subdivision Home Owners Association, InCA or it's assigns, agree to
replace, repair and- provide any required maintenance of any of the above mentioned
street lights, and/or appurtenances thereot: that may hereafter be broke~ damaged, or
deteriorated, or require maintenance, at its own expense; and it is further agreed that
Redfeather Estates Subdivision Home Owners Association, Inc. or its heirs, successors
and assigns, shall keep the lights operational at all times, it being understood by the City
that bulbs, and! or ballast, do bum out and that the City will allow reasonable time to
replace them.
3 · It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the 3ea~ Single head street lights located in Redfeather Estates #5, in the usual
and customary manner.
4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off" type.
5 ~ It is understood and agreed that Redfeather Estates Subdivision Home Owners
Association, Inc~ will assign its rights and obligations hereunder to when said
Homeowners Association is formed and operational.
STREET LIGHT AGREE1\.1ENT
page 1
(
~~\
(-
This AGREE:MENT shall be binding on Redfeather Estates Subdivision Home Owners
Association, Inc. its heirs, successors and assigns, and the CITY OF ~RIDIAN.
day of
,20
Dated this
CITY OF ~RIDIAN, a municipality and
Political subdivision of the State of Idaho
By
Mayor, DeWeerd
ATTEST:
William G. Berg, Jr~, City Clerk
Redfeather Estates Subdivision Home Owners Associatio~ Inc.
By ~~O
~
President
ATTEST:
Secretary
STREET LIGHT AGREE1v1ENT
page 2
(N<^'.- ., ..
\"..,.... .
\/.... "'.
STATE OF IDAHO, )
: SSt
County of Ada, )
On this _ day of - ,- , 20 _~ be~ore me, the undersigned, a Notary
Public in and for said State, pers6nally appeared Mayor DEWEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk of the CITY OF :MERIDIAN, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
rn WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY COWvnSSION EXPIRES
STATE OF
,) -
County of ,)
4<th LA
On this _ day of 10..\1 , 20~ before me, the undersigned, a Notary Public
in ,rnd fOf. ~ai~ ~ State, p sonally appeared R ~ r o..iq B:~Dl/f' 5 and
~tGr. L\ W i r .\ l: K . known to me to be the.JPresldent and Secretary of
\( ed ~e a..t.~ e ( [Std teS HO l~ ., and who executed the within instrument on behalf of said
corporation, and acknowledged to me that said corporation executed the same.
: SS~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written..
","1...1'",..
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STREET LIGHT AGREEMENT
page 3
(
(
MERIDIAN CITY COUNCil MEETING
APPLICANT
May 17,2005
ITEM NO~
5-G
REQUEST License Agreement with Nampa & Meridian Irrigation District for the
Ten Mile Pathway at Waltman Court Subdivision
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:
SANJT ARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER:
See attached Agreement
~
Contacted:
EmaHed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian"
Letter of Transmittal
... .
CONSUlTING ENGINEERS &. LAND PLANNERS
I 8 S 4 E ^ 5 T LAN .1\ R K S T R E E T · MER J D [ A N '- I D A H 0 8 J 6 -I ~
T +206... 84 6...8 9SS · F ..208.84. 6 I 89 S 6 · ~'['"i.ck!lj; onci T L I@ m:l-n I ~.om
RECEIVED
MAY 1 2 2005
Date:
April 29, 2005
City of Meridian
City Clerk Office
To:
Brad Hawkins-Clark
City of Meridian Planning & Zoning
Subject:
Waltman Court Subdivision - Ten Mile Creek Pathway Agreement
Enclosed are the following items:
Brad I
Will you please put these agreements on the City's consent agenda for signature at the
next City council meeting. Please call me at 208.867~3954 with any questions.
Thanks, RE
These are transmitted:
o For your
files
o For action 0 For review
specified above and approval
~ For your use 0 As requested
Sincerely,
Erickson-Civil, Inc.
Enclosu re( s )
Project No.: 1 04006
cc:
5293 N. SChUbert Ave. MeridianJ 10 83642 T..20a.846,,895S, F.20S.846.S956
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO~
5-H
REQUEST Agreement with JUB Engineers, Inc. for North Black Cat Trunk and Lift
Station Project
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A lTORNEY
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:
OTH ER:
See attached Agreement
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(<y..
(.........:... .
. . . .
. . .
. .. .
:..:: ..C.i.tY ...of. ..M.e.ricli:an....:.......;.:.... ......... ... ...:..... ...... >.
Public Works Dept.
. .
. . . . . .
. . . . ...
RECEIVED
MAY 1 2 2005
City of Meridian
City Clerk Office
To: Will Berg; Tara Green
From: Clint Dolsby, Staff Engineer
CC: Brad Watson, Public Works Director
Date: 05/12/2005
Re: Proposed Agenda Item for May 17,2005 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the May
17 City Council agenda, under consent agenda, for Council's consideration:
North Black Cat Trunk and Lift Station Proiect. JUS Engineers, Inc. has submitted a task
order, scope of work, and budget for this design project. They propose to complete the work
for $446,933. This is -an extension of the budget amendment that was approved by City
Council February 1, 2005 for the North Black Cat Trunk and Lift Station Project.
This project consists of preparation of design documents for bidding and construction of the
North Black Cat Lift Station, North Black Cat Pressure Sewer, and the North Black Trunk
Sewers between Ustick Road and Chinden 8ou!evard~
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for North Black Cat Trunk and Lift
Station Project with JUB Engineers, Inc. for $446,933 and authorize the Mayor
to sign it~
Thank you for your consideration~ Please contact me if you have any questions regarding
any of these items.
. page 1
~-
fJ-U-B :.
~
J-U.B ENGINEERS, Inc.
ENGI NE ERS ~ SURVEYOR S .. ? LAU N ERS
("
(
J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
SF330 Code
PM Initials
S04
PHK
J-U-B Project No..: 1 Q..o5-026
THIS AGREEMENT entered into this _ day of _ 20Q.g" between City of Meridians hereinafter referred to as the "CLIENT" and J-U~B
ENGINEERSJ Inc., an Idaho Corporation of BoiseJ Idaho, hereinafter referred to as UJ-U-Bt'~
WITNESSETH:
WHEREAS the CLIENT intends to: desian the North Black Cat proiect as described in Attachment "AI!.
herejnafter referred to as the HProjecr; NOW t THEREFORE, the CLIENT and JRU-BJ in consideration of their mutual covenants hereinJ agree as set forth
be low:
M UT U AL RES PONS ISI LITI ES:
This Agreement is based upon a mutual obHgation of good .faith and fair dealing between the parties in its performance and enforcement.
Accordingly, the CLIENT and J-U~B, with a positive commitment to honesty and integrity, agree that each will assist in the others performance; that each
win avoid hindering the otherts performance; that each will work diligently to fulfiIJ its obrigations; and that each win cooperate in the common endeavor of
the Agree ment.
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to J-U-B all criteria and full information as to CLIENT's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements} flexibility and expandability, and any budgetary limitations; and furnish copies of aU design
and construction standards, rules and laws which CLIENT or others wHl require to be incruded in the drawings and specifications upon which J-U-B can
rely for completeness and accuracy.
The CLIENT wiJI furnish to J-U-B aH data. documents, and other items in CLIENTs possession, or reasonablyobtainabJe by CLIENT, including.
without rimitation, borings, probings and subsurface explorationsJ hydrographic surveys, laboratory tests and inspections of samples. materials and
equipment; appropriate professional interpretations of aU of the foregoing; envjronmentaJ assessment and irnpacfstatements. surveys of record, property
descriptions; zoningJ deed and other land use restrictionst rules and laws; and other special data or consultations, all of which J-U-B may use and rely
upon in performing Services under this Agreement.
The CLIENT shaH designate a representatjve with authority to bind the CLIENT.
The CLIENT will obtain, arrange and pay for an advertisements for bids, permits and licenses required by local, state] province or federal
authoritiesJ and all fand, easement, rights~of-ways and access necessary for J-U-Bts Services and Project constructjon~
In addition, the CLIENT will furnish to J-U~B: Jtems listed in Attachment "C~I.
PROJECT REPRESENTATIVES
The CLIENT and J-U-B hereby designate their authorized representatives to act on their behalf with respect to the services and responsibilities
under this Agreement. The folJowing designated representatives are authorized to receive notices, transmit jnformation and make decisions regarding
the Project on behalf of their respective parties, except as expressly limited herein. These representatives are not authorized to aUer or modify the terms
and conditions of this Agreement.
For the CLIENT:
1 ~
Name
B rad Watson, P ..E.
Wark telephone (208) 898-5500
Home telephone
Address City of Meridian
660 E. Watertower, 2nd Floor
Meridia n, I D 83642
Special provisions or limitations:
FAX telephone
E-mail add ress
(208) 898-9551
watsonb @ meri diancity ..org
For J-U-B:
1~
Name
Phillip H. Krichbaum; P.E.
Wark telephone (208) 376-7330
Home tel~phone
Address J-U-B ENGINEERS~ Inc.
250 S. Beechwood Avenue #201
Boise, 10 83709
Special provisions or limitations:
FAX telephone
ERma il add ress
(208) 323-9336
phk@jub.com
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In the event any changes are made to the authorized representatives or other information Hsted above, the CLrENT and J-U-B agree to furnish
each other tjmeJy, written notice of such changes.
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SERVICES TO BE PERFORMED BY J-U-B C'ServicesJl)
J-U-B will comotete those services listed in Attachment UBH,
J-U-B assumes no responsibmty to perform services not listed. Services which J-U-B performs at the request or acquiescence of the CLIENT
that are not risted are UAdditional Servjcestt.
SCHEDULE OF SERVICES TO BE PERFORMED
J-U-B will perform said Services as follows: In a timefv manner.
This schedule shari be equitably adjusted as the Project progresses~ al[owing for changes in scope, character or size of the Project requested
by the CLIENT or for deJays or other causes beyond J-U-BJs control.
BASIS OF FEE
The CLIENT will pay J-U-B for their Services and reimbursable expenses as follows: As listed in Attachment lion.
The CLIENT wUJ pay J-U~B for aU Additionar Services on a time and materials basis.
FiJe FoJder Title: MERIDIAN, CITY OF ~ North Black Cat Project
R em arks:
The Notice to Proceed, by the CLIENT, verbal or written, constitutes acceptance of this Agreement THE TERMS AND
CONDITIONS, INCLUDING RISK ALLOCATION, ON THE ATTACHED SHEET, ARE PART OF THIS AGREEMENT. THE
CLIENT AGREES TO SAID TERMS AND CONDITIONS.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written~
CLIENT:
J-U-B:
250 South Beechwood Avenue, Suite 201
STREET
City of Meridian
NAME
660 E. Watertower, 2nd Floor
STREET
M eri d ian, 10 83642
CITY I STATE I ZIP CODE
BY (Signature)
Tammy de Weerd, Mayor
NAME I TITLE
Phillip H.. Krichbaum, P.E.!I Project Manager
NAME I TITLE
BY (Signature)
NAME I TITLE
DISTRIBUTION: White - Corporate; Yellow - Office; Pink - Project; Goldenrod - GHent
REV: 11/8/04
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J..U..8 ENGINEERS, Inc.
TERMS AND CONDITIONS
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GENERAL
J-U-B shaH provide for the CLIENT professional Services as set forth herein. The Services wiH be performed in accordance with generally
accepted professionar practices for the jntended use of the Project. J..U-8 MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED. The
CLJENT acknowledges and agrees that JegaJ requirements governing the Project may be subject to various and possibJy contradictory interpretations;
and, J-U-B wHl therefore use jts reasonabre professional efforts and judgment to interpret such requirements.
J-U-B shalf n.ot be responsible for acts or omissions of any party invorved in the Project other than their own, including but not limited to failure
of a third party to follow J-U-Bts recommendations; the means, methods, techniques, sequences or procedures of construction serected by CLIENT or
third parties; safety programs and precautions serected by third parties; compliance with laws, rules, regu~ations, ordjnancest codesJ orders or authority
by CLIENT and third parties; and any contact or action of the CLIENT or others with third parties. CLIENT therefore indemnifies and hoJds J-U~B
harmless from the actions and omissions of CLIENT and third parties involved in the Project.
J-U-B shall not be required to sign any documents, no matter by whom requested. that would result in J-U-B's having to certifYt guarantee or
warrant the existence of conditions whose existence J-U-B cannot ascertain. The CLIENT also agrees not to make resolution of any dispute with JMU-8
or payment of any amount due to J-U-B in any way contingent upon J-U-B signing any such certification.
I n soil investigation work and in determ ining subsurface conditions for the ProjectJ the characteristics may vary greatly between successive test
points and sampJe intervals~ J-U~B wiH coordinate this work in accordance with generaHy accepted practice of the professional Services bejng provided
and makes NO OTHER WARRANTIES EXPRESSED OR IMPLIED, or as to the professjonal advice furnished by others.
Resetting of survey and/or construction stakes shan constitute Additional Services.
CONSTRUCTION PHASE SERVICES
UnJess otherwise agreed, J-U-Bts Services under this Agreement wilJ be considered to be complete and finaJ upon completion of the Services
d ascribed herein.. Unless otherwise agreed 1 it is understood and agreed that J w U-B t 5 Services under th is Agreement do not include Project observation)
review of the contractor's performance, or any other construction phase services, and the ell ENT assum es all respons i biJ ity for interpretation of the
documents associated with the Project and for construction observation or reviewJ and indemnifies J-U-B from and waives any claims against J-U-B that
may be in any way connected thereto or arise therefrom~
It is further und erstood and agreed that J-U-B does not have control overt and neither the professional activities of J-U-B nor the presence of
J-U-B at the Project site shan give J-U-B control over contractor(s) work nor shaH J-U-B have authority over or responsibility for the means, methodst
techniques, sequences or procedures of construction seJected by contractor(s)J for safety precautions and programs incident to the work of the
contractor(s} orfor any failure of contractor(s) to comply with laws, ruJes, regulations} ordinancesJ codes or orders applicabre to contractor(s) furnishing
and performing their work or providing any health and safety precautions required by any regulatory agencies~ Accordingly, J-U-B can neither guarantee
the performance of the construction contracts by contractor(s) nor assume responsibility of contactor(s) failure to furnish and perform their work in
accord ance with the contract docum ents~
The CLIENT agrees that the general contractor shalJ be solely responsible for jobsite safety. and warrants that this intent shaU be carried out in
the CLIENTts contract with the general contractor. The CLIENT also agrees that the CLIENT, J-U-B and J-U-Bts subconsuJtants shalf be indemnified by
the general contractor in the event of ge neral contractorJs faifu re to ass u re jObsite safety and shall be mad e additio nal insureds under the gene ral
contractorts policies of general riabiJity jnsurance.
OPINIONS OF COST
" Since J-U-B has no controJ over the cost of laborJ materiafsJ equipment or services furnished by others, or over the contractor(s)' methods of
determining pricest or over competitive biddjng or market conditions, J-U-B's opinions of probabfe total Project costs and construct jon, if any, are to be
made on the basis of J~U-B's experience and qualifications, and represent J-U~8ts best judgment as an experienced and quafified professional engineert
famiJiar with the construction industry; but J-U-B cannot and "does not guarantee that proposals, bids or actual total project or construction costs will not
vary from opinions of probable cost prepared by J-UMBT If the CLIENT wishes greater assurance as to total project or construction costs, CLIENT shall
employ an independent cost estimator. J-U-B's services to modify the Project to bring the construction costs within any Ijmitation established by the
CLIENT win be considered Additional Services and paid for as such by the CLIENT~
REUSE OF DOCUMENTS
AU docu m e nts and m agnatic med ia and other comm un icatjon or inform ation formats C'Docum entsU) t prepared or furnished by J-U-B pursuant to
this Agreement are instruments of service wlth respect to the Project and shalJ remain the property of J-U-B whether or not the Project is completed4
Although CLrENT may make and retain copies of Documents for information and reference in connection with use on the Project by CLIENT, J-U-B shall
retain aU common law, statutory and. other reserved rights, incfuding the copyright thereto, and the same shall not be reused without J-U-B's written
consent. Any reuse without written consent by J-U-B, or without verification or adoption by J-U-B for the specific purpose jntended by the re"use, wHl be at
CLIENTJs sole risk and without liability or legal exposure to J-U-B. The CLIENT shalJ indemnjfyand hold J-U-B harmless from any cJaimst damagest
Josses and expenses arisjng out of or resulting from such reuse~
Copies of Documents that may be relied upon by CLIENT are Jimited to the printed copies (also know as hard copies) that are signed or sealed
by J-U-B~ Fires in electronic media format of text, data, graphics, or of other types that are furnished by J-U-B to CLIENT are only for convenience of
ClJENT~ Any concrusion or information obtained or derived from such electronic files will be at the userts sole risk.
Because data stored in electronic media format can deteriorate or be modified inadvertentry or othelWjse without authorization of the datats
creator, the CLIENT agrees that it wfIJ perform acceptance tests or procedures within 60 days, after which the CLIENT shall be deemed to have accepted
the data thus transferred. Any errors detected within the eO-day acceptance period will be corrected by J-U-B. J-U-B shan not be responsible to maintain
dQcuments stored in electronic media format after acceptance by CLIENT~
When transferring documents in eJectronic media format, J-U-B makes no representations as to long term compatibiJity. usabilityJ or readability
of documents resulting from the use of software application packagest operating systems~ or computer hardware differing from those used by J-U-B at
the beginning of this Project.
TIMES OF PAYMENTS
J-U-B shari submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation~ CLrENT
shall make prompt monthly payments. If CLIENT faUs to make any payment in fuH within ten (1 0) days after receipt of J-U-BJs statement, the amounts
due J-U-B win accrue interest at the rate of 1 % per month from said tenth day. If the CLIENT fails to make payments when due or otherwise is jn breach
of this Agreement, J-U-B may suspend performance of Services upon five (5) days notice to the CLrENT. J-U~B shall have no liability whatsoever to the
CLIENT for any costs or damages as a result of such suspension caused by any breach of the Agreement by the CLJENT~ Upon cure of breach or
payment in full by the CLIENT within thirty (30) days of the date breach occurred or payment is due, J-U-B shaH resume Services underthe Agreement,
and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension pJus any other reasonable time and
expense necessary for JMU-B to resume performance. If the CLIENT fairs to make payment as provided herein within thirty (30) days after suspension of
services. SUCh failure ShaH constitute a material breaCh Of thjs Agreement and Shall be cause for termination Of thiS Agreement bY J-U-S.
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TERMINATION
The obrJgation to provide further Services under the Agreement may be terminated by either party upon thirty (30) days written notice in the
event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. r1 this Agreement is
terminated by either partyJ J~U~B wW be paid for Services rendered and for expenses incurred to the date of such termination, plus an aUowance for
demobHization costs as determined by J-U-B. Such demobilization costs shan be the cost and expense J-U-B incurs in withdrawing its Jabor and
resources from the Projectr and obtaining and engaging jn a new project with the labor and resources withdrawn from the Project.
RISK ALLOCATION
The CLiENT is aware of the risl<s, rewards, and benefits of the Project and J-U-BfS total fee for services. The risks are hereby aUocated such
that the CLIENT agrees that, to the funest extent permitted by raw, the total combjned liability of J-U-B, jts agents, empJoyees, and insurers" to the
CLIENT, directry or through third parties for aU injuries, claims, expenses, costs and fees, damages or cJaims of expenses arjsing out of this Agreement
from any cause, shall not exceed the amount of J-U-B's feesJ as of the date of this Agreement. Such causes include, but are not Ijmited to, J-U-B's
negHgence. errors. omissjons, strict UabHity, and breach of this Agreement. In no event shan J-U-B be Hable for any incidental, indirect or consequential
damages.
The Client agrees that J ~ U-B is not responsib r e fa r damages arising directly or indirectly from any delays for causes beyond J-U-B's contror. For
purposes of this AgreementJ such causes incJude, but are not limited to, strikes or other rabor disputes; severe weather disruptions or other natural
disasters; fires, riotsJ war or other emergencies or acts of God; failure of any government agency or other third party to act in a timely manner; failure of
performance by the CLIENT or the CLfENT's contractors or consultants; or discovery of any hazardous substance or differing site conditions. In additionJ
if the delays resulting from any such causes increase the cost or time required by J-U-B to perform its services in an orderly and efficient mannert J-U-B
shalr be entitled to an equitable adjustment in schedule and compensation.
HAZARDOUS WASTE AND ASBESTOS
The CLIENT agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to jndemnify and hoJd
harmfess J-U-BJ jts officers, partners) empfoyees and consultants (collectively, J~U-B) from and against any and an clajms, suits, demands, riabiHties.
losses, damages or costs, incruding reasonable attorneyst fees and defense costs arising out of or in any way connected with the detection, presence,
handling, removarJ abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist onJ about or adjacent to the
Project site, whether nability arises under breach of contract or warranty, tort. jncJuding negHgenceJ strict liability or statutory liability or any other cause of
action, except for the sore negrfgence or willful misconduct of J-U-B.
RIGHT OF ENTRY
The CLIENT shaH provide for J-U-B's right to enter the property owned by the CLIENT and others in order for J-U~B to fuJfm.the Services to be
Perform ed hereunder. The ell ENT und erstands that use of festi ng or other eq uipm ent may unavoidably cause some dam age, the correction of which is
not part of this Agreement. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless J~U~Bt ies officers, directors,
employees and subconsultants (coHectively, J-U-B) against any damages, riabHities or costsr including reasonable attorneys~ fees and defense costs,
arising or allegedly arising from procedures associated with testing or investigative activities or connected in any way wjth the discovery of hazardous
materials or suspected hazardous materiafs on the property.
MEDIATION BEFORE LITIGATION
In an effort to resolve any conflicts that arise during the design and construction of the Project or foflowing the completion of the Project. the
CLfENT and J-U-B agree that aU djsputes between them arisjng out of or refating to this Agreement or the Project, except for the payment of J-U-Bts fees,
shaH be submitted to nonbinding mediation as a condition precedent to litigation unless the parties mutually agree otherwise. The CLIENT further agrees
to include a sjmiJar mediation provision in aU agreements with independent contractors and consultants on the projectJ and also to include a similar
mediation provision in aU agreements wjth their subcontractors, subconsultants, suppliers and fabricators on the Project} thereby providing for mediation
as the primary method for dispute rasaJ utio n among the parties to an those agreem ents.
LEGAL FEES
In the event of any action brought by either party against the other to enforce any of the obHgatjons hereunder or arising out of any dispute
concerning the terms and conditions hereby created. the losing party sharf pay the prevaiJing party such reasonable amounts for fees, costs and
expenses including attorney's fees as may be set by a court.
SURVIV AL
Notwithstanding compretion or termination of this Agreement for any reasent air rights, dutjes and obligations of the parties to this Agreement
sharrsurvive such completion or termination and remain jn full force and effect until fulfHled.
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes aJr prior negotiatjons,
representations or agreementst either written or oraL The Agreement may be amended only by written instrument signed by both CLIENT and J-U-B.
SUCCESSORS AND ASSIGNS
CLIENT and J-U-B are hereby bound, and the partners, successors, executors. administrators and legal representatives of such other party, in
respect of aU the covenants. agreements and obHgations of this Agreement.
Nothing contained in this Agreement shan create a contractuar relationship with or a cause of action in favor of a third party against J-U-B.
J-U-B's services under this Agreement are being performed solely for the CLIENT~s benefit) and no other party or entity shaH have any claim against
J-U-B because of this Agreement or the performance or nonperformance of services hereunder~ In the event of such third party claim, CLIENT agrees to
indemnify and hold J-U-B harmtess from the same. The CLJENT and J-U-B agree to require a sjmHar provision in all contracts with contractorsJ
subcontractors, sUbconsuftants, vendors and other entities involved in the Project to carry out the intent of this provision.
CONTROLLING LAW, JURISDJCTION, AND VENUE
This Agreement js to be governed by the raw of the State of Idaho} principal place of business of J-U-B. Any action or proceeding arisjng from
or in connection with this Agreement shari SUbject to the exclusive jurisdiction of the State of Idaho. Venue shall be proper in Ada County.
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A ttachmen t 'A J .. 10-05-026
CITY OF MERIDIAN
NORTH BLACK CAT TRUNK SEWER AND LIFT STATION
ATTACHMENT "A".. REVISIONS TO TERMS AND CONDITIONS OF THE AGREEMENT FOR
PROFESSIONAL SERVICES
1. The following paragraph shall be added to Section uRISK ALLOCATION".
ENGINEER agrees to indemnify and hold harmless, at its expense, OWNER and its directors,
officers, and employees from and against loss, liability, and damages to which they or any
of them may be put or subjected to arising out of or resulting from the performance of this
Agreement, which damage, loss, or expense is caused by acts, errors, or omissions due to
negligence of ENGINEER in the performance of its servlces; provided, however, that
ENGINEER's liability under this subparagraph shall not result from or be attributable to:
1.. The negligence, conduct, or lawful responsibility of the OWNER, its directors, officers,
employees, contractors or subcontractors, and all workmen and persons employed by
them or otherwise under their control, or
2. Engineering..related or other improvements to the project (betterment) that are the
lawful responsibility of OWNER.
City of Meridian - Black Cat Lift Station & Trunk Sewer
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Attachment · B' - 10-05..026
CITY OF MERIDIAN
NORTH BLACK CAT TRUNK SEWER AND LIFT STATION
This project provides design of a pump station, force main, and gravity trunk sewer. The project will be
designed into three (3) separate bid packages. The City will administer bidding and construction phases.
Table of Contents:
Attachment ('B" - Scope of Engineering Services
· Task A - Proiect Administration
· Task B - North Black Cat Lift Station
· Task C - Lift Station - Subconsuttants and Additional Services
· Task D - Pressure Sewer and Trunk Sewers
· Task E - Trunk Sewer Additional Services
· Task F - Aqency Coordination and Permittin~
· Task G - Easements and Private Development Coordination
· Exhibit A..1 - Labor and Equipment Detail
· FiQure 1 ... Project Overview
Attachment "e" - Items Provided by City
Attachment llD" - Fee Schedule
Cily of Meridian - North Black Cat Lift Station & Trunk Sewer
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A ttachmen t t B I ~ 10-05-026
CITY OF MERIDIAN
NORTH BLACK CAT TRUNK SEWER AND LIFT STATION
Attachment "8" - Scope of Engineering Services
Task A -Project Administration
1. Project MeetinS!s
A. Attend a kick-off meeting with the City with the Owner.
B. Prepare and attend progress meetings, as required over the duration of the project for the purpose
of updating the City, presenting information, designs, and faciLitation of issues. An assumed
number of meetings is shown on Exhibit A-1 ,
Task B - Lift Station
1. Concept Lavouts
A. Preliminary Layouts
1. CompLete preliminary layouts of mechanical equipment, piping, valving for initial and ultimate
flow conditions. Pumping configurations will include:
o Drywell/Wetwell with nonwclog centrifugal pumps.
o WetweLl Submersible.
Consideration shall be given to constructability, buiLding space efficiency, O&M issues, safety,
pump removal equipment, and ability to accommodate phasing and expandabllity.
z. AnaLyze pump service conditions (initial, uLtimate) and preliminary size pumping units and
piping. Complete a preliminary VFD analysis and determine possibLe pump operating schemes.
Determine the uLtimate number of pumping units required.
3. Complete preliminary sizing of self..cleaning ogee trench wetweU for ultimate conditions.
4. Develop Layouts to accommodate ( manual trash rack and rock box) screening at the Lift
station.
5. Meet with the City to review preliminary layouts and seLect a preferred alternative for final
design.
2. Lift Station Preliminary Desi~n (30%)
A. Site Topogr.aphic Survey and Sitework
1.. Complete topographic survey and prepare mapping of lift station site plan9 Contact Dig-Line to
request utiLity company locates..
2. Complete preliminary site design and related yard piping systems. Boundary surveys or
easement legal descriptions are provided under Task G - Easements and Private Development
Coordl nation..
B. Finalize Lift Station Hydraulics and VFD Pumping Analysis
1. Finalize wetweLl sizing, cleaning hydraulics, and complete final geometrical design of wetweU.
2f' Finalize VFD analysis and operating sequence for pumping units..
City of Meridian - North Black Cat Lift Station & Trnnk Selver
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A ttachmen t ~ B' - 10..05-026
3. Finalize sizing of pumps for initial impLementation.
4. Complete in-house QC check of wetwell sizing.
c. Preliminary Building Layout Plans (30% Complete Plans)
1" Complete preliminary design of mechanical systems and prepare preLiminary mechanical layout
of pumping equipment, piping, valving, and related facilities.
2. Comptete preliminary sizing of building rooms using ultimate sizing of equipment and O&M
access.
3. Identify locations for equipment removal and DaM, and required systems ( hoists, bridge
cranes, monora i ls, etc..).
4. Develop preliminary general arrangement plans (30%):
a. Site PLan
b.. Floor pLans showing room sizing and position of major equipment, mechanical piping,
and environmental control systems..
c. SectionaL elevations of building showing fLoor elevations and locations of major
mechanical systems.
d. Architectural building floor pLan and building elevations ( Refer to Task C - Lift Station
Subconsultants and Additional Services).
5. Meet with City and incorporate revisions to the preliminary building layout plans.
3. Lift Station Final Desi~n
A. Final Design and 60% Complete Plans
1. Complete final design of Lift station site improvements including fencing, site grading and
drainage, surfacing, landscaping, and yard piping..
2. Complete final design of mechanical piping systems and detailing..
3. Complete structural design of sub-structure and building systems.
4. Prepare 60% complete construction plans and detailing.
5~ Prepare an preliminary opinion of probable construction cost.
6. Complete in-house constructability review.
7. Meet with City to review plans.
B. Prepare opinion of probable"construction cost.
9. Submit plans and specifications of major equipment to manufacturers as necessary for
comment.
B. Lift Station Final Design (90% Plans and Specifications)
1. Final revisions and design issues on site plans, site grading and drainage, surfacing,
landscaping, and yard piping.
City of Meridian - North Black Cat Lift Station & Trunk Sewer
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2. Complete final design revisions and detailing on mechanical systems,
3. Complete final design revisions and detailing on structural design of building and building
systems ~
4. Prepare technical specifications in (51 format and contract documents per the 2004 ISPWC~
5. Prepare 90% site civil, mechanical, structural, and structural building construction plans.
6.. In-house QC review on construction plans and contract documents.
7, Meet with City and incorporate applicable review comments on review package.
8.. Prepare opinion of probable construction cost.
c. Lift Station (100% and Final Construction Package)
1 . Fi nal ize site civil plans and yard pi pi ng plans"
2.. Complete structural detailing of substructure and building.
3, Complete final mechanical revisions per applicable City and agency review requirements.
4. Final construction plans, specifications, and contract documents.
5. Finalize construction with final review comments~
6. Prepare opinion of probable construction cost.
7. Provide (20) sets of construction documents for bidding to the City,
City Of Meridian -- North Black Cat Lift Station & Trunk sewer
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Task C - Lift Station - Subconsultants & Additional Services
1. Subconsultants
A. Electrical
J...UooB will retain the services of an Idaho licensed professional electrical engineer to provide
engineering support services on the project as described below. Design of electrical and control
systems shall be in accordance with the latest NFPA code requirements.
1. Subconsultant shall attend review meetings with the City and JUS as required over the duration
of the project..
z. 30% Preliminary Design shall include:
a. Preliminary meeting will be held with Building Officials to confirm design and
construction requirements and building classifications.
b. Complete preliminary power distribution planning.
3. 60% Electrical Plans:
a. Complete preliminary design on electrical and control systems for the lift station. The
pumps shalL incorporate VFD drives with a PLC controller to modulate pump speed
based on wetwelL level~
b. Develop an electrical site plan showing primary power, transformer, and building
lighting, etc",
c. Develop building electrlcal plans.
d. Develop PI&D control diagrams, one-line diagrams, and control diagrams.
e. Design control systems and related interfaces with the City provided telemetry /SCADA
systems.
f. Evaluate primary power requirements for 20 year load forecasts and ultimate service
conditions. Coordinate with (pea for determination of primary power service
requirements.
g. Evaluate stand-by power alternatives ( diesel, natural gas) for 20-year load and
ultimate conditions. Determine preliminary sizing of generator room and related
equipment.
h. Design shall include a UPS system, surge protection, and a redundant level controller.
1. Design shall include door and/or window alarm contacts and interface with the City's
SCADA system.
j. Design lift station ancillary systems such as building lighting, and outlets..
k. Design necessary control and power interfaces with mechanical and HV AC systems.
l. Meet with City building inspectors to review design and resolve known code
interpretations relevant to the project.
4. 90% Completion Plans and Specifications:
a. Incorporate applicable City and JUB review comments and finalize design of electrical
and control systems.
b. Prepare 90% completion electrical plans.
c. Prepare C51 technical specifications.
5. 100% Completion Plans and Specifications:
a.. Incorporate applicable City, JUS, and agency review comments and finalize design of
electrical and control systems.
b. Submit 100% complete construction plans and technical speclfications.
c. Submit an estimate of construction cost.
City Of MeridlLan - North Black Cat Lift Station & Tnll1k Sewer
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A ttachmen t t B' - 10-05..026
B. Mechanical
J-U-B wiLL retain the services of an Idaho licensed professional mechanical engineer to provide
engineering support services on the project as described below. Design of air handling systems and
environmental controls shall be in accordance with the Latest NFPA code and IDEQ requirements.
1. Subconsultant shall attend review meetings with the City and JUB as required over the duration
of the project.
2. 30% Preliminary Design shall include:
a.. Confirmation of vent"ilation design requirements for Class 1, Division 1 or 2
environments with either continuous or intermittent air changes per hour.
b. The subconsultant will meet with the City building inspector and confirm design
requirements and construction standards.
c. The subconsultant shall be with JUB and the City to select either continuous or
intermittent ventilation systems will be seLected for final design.
3. 60% HVAC Mechanical system design and plans shall include:
a. Design necessary air handling systems for the Class 1, Division 1 or 2 environments.
Design shall include the necessary controLs, alarms, and annunciation to meet NFPA
req u i rements 11
b. Size and design heating and de~humidificatlon systems in the drywell or other
miscellaneous mechanical rooms.
c. Size and d~sign an air cooling unit for the control room..
d. Design the necessary ventilation required for the stand...by power generator which will
located in the lift station building. Design say incorporate odor control systems.
e.. Provide cut sheets on all air handling equipment and coordinate with other
Subconsultants ( electrical, acoustical) to incorporate the work items into the
construction plans.
4. 90% Completion Plans and Specifications:
a. Incorporate applicable City and JUB review comments and finalize design of mechanical
systems.
b. Prepare 90% compLetion mechanicat plans
c.. Prepare C51 technical specifications.
5 . 1 00% Completion Plans and Specifications:
a. Incorporate applicabLe City, JUB, and agency review comments and finalize design of
meehan.ieal systems.
b. Submit 100% complete construction plans and technical specifications~
c. Prepare an estimate of construction cost.
City Of Meridian - Nort'} Black Cat Lift Station & Trunk Smver
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Attachment '8'.. 10-05-026
c. Architectural
J-U-B will retain the services of an Idaho licensed professionaL architect to provide support services
on the project as described below.. At this time, it is not known if there will be specific
architectural standards applicable to the building. It is anticipated that the lift station building
will be constructed from eMU block walls with a stucco finish and faux rock veneer wainscot.
Either a metal or composition roof system will be used.
1. Subconsultant shall attend review meetings with the City and JUS as required over the duration
of the project.
2. 30% preliminary design shall include:
a. Develop an architectural floor plan and building cross sections showing rooms,
stairwells, doors, window, and other features.
b. Develop colored building elevations showing at least two options for exterior building
fi nishes.
c.. The subconsuLtant will meet with the City and JUS to select a preferred building layout
and exterior finish system.
3. 60% Design Submittal:
a~ Complete architecturaL design building and related components..
b. Complete Layout of the building's lavatory.
CIt CompLete design stairwells and railings.
d. Complete design of roofing system.
e. Prepare 60% complete construction plans.
4. 90% Completion Plans and Specifications:
a. Incorporate applicable C.ity and JUS review comments and finalize design and detailing
of architectural systems.
b. Prepare .90% compLetion plans, details, and elevations.
c. Prepare C51 technicaL specifications.
5. 100% Completion Plans and Specifications:
a.. Incorporate applicable City J JUB, and agency review comments and finaLize
construction plans and technical specifications.
b. Prepare an estimate of construction cost.
City of Meridian - North Black Cat Lift Station & Trunk Sewer
page - 7
J-U-B ENGINEERS, Inc.
c.
Attachment 'B' - 10..05-026
D. Geotechnical Investigation and Analysis
J-U-B will retain the services of a Idaho licensed geotechnical subconsultant to provide field
investigation and geotechnical engineering support services as described below.
1. Field Investigation:
a. Obtain all necessary permits for the drilling and test pits..
b.. Complete one (1) exploratory borings at the lift station site to a depth of at least five feet
(5') below the structure.
c.. Complete six (6) borings on the North Black Cat Trunk..
d.. Complete sampling, Logging, and classification of soils.
e. Set one (1) groundwater monitoring piezometer at the lift station site, two (2) at locations
on the North Black Cat Trunk.
f.. Monitor monthly during key seasonal periods over the course of one (1) year.
g.. Abandon piezometers per State of Idaho Rules and Regulations.
2.. Analysis and Report:
a. Review available geologic and geotechnical information in the area.
b. Complete necessary laboratory strength tests to determine design foundation bearing
pressures, and lateral earth pressures.
C4 Develop recommendations for structure excavation, site dewatering, and building drainage.
d. Develop recommendations for trunk sewer trenching) bedding, trench foundation materials,
filter fabric, dewatering, and compaction.
€. Prepare a draft summary report and submit three (3) copies to JUB and the City for review..
f. Incorporate the review comments and publish six (6) copies of the final report~
2. Additional Services ( Optional}
The following services will not be completed unless specifically authorized by the City.
A. Noise Evaluation and Mitigation Design
As directed by the City, JUB will retain the services of an acoustical engineering subconsultant.
The anticipated scope of services for the subconsultant is summarized below:
1. Noise Evaluation Study: The subconsultant will evaluate noise levels of air handling and stand-
by power generation equipment generating from the building using ultimate sizing of .
equipment. Estimated noise levels at 50' 1100' radius well be calculated or to the limits of the
property line or site boundary of the lift station. Pre-existing noise measurements will not be
completed but will be estimated based on published literature. The subconsultant will prepare
a letter report summarizing the findings and recommendations for mitigation.
2. Design of Noise Mitigation Systems. If directed by the City, the project will include systems
noise reduction systems. This systems may incLude the following options: noise walls, HVAC
fan enclosures, duct lining, Louver treatments, and reflective/absorptive paneLs.. Plan details
and caLLouts will be incorporated into the construction plans, and technical specifications.
B. Odor Control Facilities
1" A preliminary evaluation of two odor control systems will be completed to mitigate odors at
the lift station. Three options wiLL include chemical addition) biofilters, and carbon absorption
of wetwell exhaust air.. Preliminary evaluation wilL include estimates of initial capital cost and
long term operation/maintenance costs. Meet with the City and seLect a preferred system..
2. Complete finaL design of preferred odor control facilities as specifically authorjzed by the City..
City Of Meridian - North Black Cat Lift Station & Trunk sewer
page ~ 8
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THI! ~ 'WtJt'1:'Pr ~11OH rI J.U8 ~b..
ReVJSO.
J.U-B ENGJNEERSJ InCt
250 S~ BeechwDod Avenue
Suite 201
Be is e ~ !dtJllO 03709--0944
PholUJ: 208..376~ TJ3Q
Fax: 2O~323.93:)6
www,Jub_torrI
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FlG U RE 1 - PROJ ECT OYER VI EW
(
MERIDIAN CITY COUNCil MEETING
APPLICANT
May 17,2005
ITEM NO.
5-J
REQUEST Request for Payment for Sage Community Resources for Grant
Adminisfrative Expenses for the ICDBG 04-111-26-ED (LP Business Expansion Grant)
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DE?T:
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:
See attached Memo
Contacted:
Emaifed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
10624 W. Execu.tive Dr.
Boise, ID. 83713
208.322t7033
208~322.3569 FAX
www.sageidaho.com
TTYITDD
1.800.377.3529
EEO/AA Elnployer
H'JV1V.S(lgeillallO. COil!
(
(
MEMORANDUM
TO: Will Berg
Meridian .City Clerk
33 East Idah.o A venue
Meridian, Idaho, 83642
nLCElvrn
fr}qr vr f:~'-' r~;: k~1
ill ~~\ ~ ~ << ~ h#~z{~./
MAY 1 3 2005
City of Meridian
City Clerk Office
FROM:
Karl T ~ Augustine
Planning Special.'
Community and Economic Development
DATE: May 9,2005
SUBJECT: Louisiana-Pacific Business Expansion Project
I CD BG-04- III - 26- ED
The attached is Request for Funds #2 for the Louisiana-Pacific Business Expansion
Project.
GRANT ADMINISTRATION
$11,000 (ICDBG)
Please have the Mayor and City Council approve the payment of this request and
have the authorized signatory sign both the Request for Funds form and tIle Pro-
gress Report~ Returll both these dOCllments to me for processing \vith IdalIo
Departnlellt of Commerce and Labor (IDCL).
Upon. completion of this processing, IDCL will forward a check to the City of
Meridian for tIle amount requested~ Upon receipt of the funds requested from IDCL
and in. accord Wit11 U ~ S 4 Treasury requirements for disbursal of Federal funds, the
City of Meridiall ShOllld then for\vard paymellt to SAGE witllill three (3) to
five (5) business days.
Thank you for your assistance in th.is matter. Please do not hesitate to call me at
322-7033 or FAX file at 322-3569 if you 11ave any questions concerIling this
payment request, its processing, or any other aspect of the Louisiana-Pacific
Business Expansion Project~ Thank you again, and I continue to look forward to
working with you on this worthy project.
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BILL TO
. City of iVI crid ian
33 E. IdaJ10 A \'c.
Iv] crid i an, I D 83642
(
Sage Co.m.1TIllnity Resollfces
10624 W. Executive Drive
Boise,ID 83713
DESCRJPTJON
INVOICE
DATE
INVOICE NOE :
I .
1,--- -.' . .'. . - . .-- -. -- . . ~
5/ ] 0/2005
5520
TERMS
N ct 3 0
... . - . - -~~.~ ~ ~.~ --.---. -. - .. .. . . . .. -. ... .1
! Adnljnjstr~ti~n E~-~~.nscs fo"r'" p~~cc.o~st~.~!-~-t.i~~~ C~.~f~~~~~~--;~d'6~go.i~g-.C.;~t~~~tj~~------'''. ..... ... ---.----- -.----r~~n.-. Y. ..._~------~--_.. ... .. .. --] I ,ooo.oo~.~-t
:: Louisiana Pacific Business Expansion (lCDBG 04-IJJ-26-ED)
~ - .- .-- .- -- - .. - --. --. .' -. ... ..... .- - ._-----.......... -. .------ -... .... ... -- -----------.--............... ........ .. - -- .--..- --. .. . ... .-.--- --.' .. . . .- -- -.- -- -
.i INCLUDE PINI( COpy OF JNVOICE WITH YOUR REMITTANCE. MAIL TO THE !
:; ABOVE A.DDRESS. T ata IS] I ~OOO.OO i
-- ..-------- -. -... .. - - .-. -- - . -. -. . . - ~ '-. .. . .... ........----~. -.- - -.-.--- -----.- .-.----.--.-- -.. . . .... ..... '-'---. . ..... - . .-- ---..----.--. . .. ......... ... ~--.---.--.----- . . . . ................-.-- .--------.-----. ---.-..- .'~ -. - ... .. I. -""'----.-n.. . . -----.... ___ _. .
ChlJ}Jter III
(.
Filtllllcial MOJlagelllellt
ICDBG Progress Report
G railte e: Report No.;
City of Meridian on Behalf of .Louisiana-Pacific Corporation Two (2)
Date: Date o.f looe COlltI.act: GI-allt No.:
05/09/05 August 16, 2004 ICDBG~04-III..26-ED
Report Period Fronl: Report Period To: Telephone:
09/27/05 05/09/05 (208) 322-7033 ext. 252 I
Gl-allt AIllOllnt: Project Match Expended to Date: Tax Id e 11 ti f1ca ti 0 n N llnlbe r:
$250,000 $161,000 82-6000225
Second Public Hearing: Yes Pllbl islled Notice Sll blnitted: Yes
Date of Second Publ ic Hearing: 04/26/05 and 05/03/05 Mintltes Sllbnlitted: Yes
List of Attendees Sll.bll1itted: Yes
PROJECT START U:P
EllVi.I~OI1111ellta 1 Release:
Send copy of ERR
Bid DOcllll1e.ll.ts Reviewed alld
Approved:
PI.oclll-el11ellt .for Adll1in COlltl+act
Revie\ved and Approved:
Adllll11 COlltract Revie\ved al1d
Approved:
COlltact Persoll: Leslie Toombs
PI10lle: 322-7033 ext. 227
Procurenlent for .Eng/Arch
Contract Reviewed and Approved:
Eng/ Arch Contract Revie\ved and
Approved:
COl1tact Pe14S011: AI-dell Davis
Pllone: 388-2404
Acquisition (voluntary or enlinent
do 111ain) :
Date 0.[ PUl+c]13se/TI-allsfe14 of Title:
Relocation (business or resident):
Exllib-it C
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09/07/04 09/07 /04 N/ A
N/A
09.04 09404
09 .04
N/A
I.da[10 PO\Vel~ W ol~k 014deI. dated 9-
o 1-04 subnlitted for approval.
N/A
02.04 03.04
08~04
N/A
09.04 09.04
09 . 04
N/A
N./A
N/A N/A
N/A
N/A
Engineering completed by Idaho
Po\ve]~~ Invoice dated 01.08.04
included "in grant application.
N/A
N/A N/A
N/A
N/A
If the project includes acquisition, it nll1st be ..nonitored. Ongoing progress
report schedule for acquisition activities IUllst be established individually
between grant adnlinistrator and project coordinator at JDeL
1/5
III - 13
ellll/ller III
FAIR HOUSING PROGRESS
Designa.te Fair Housing Resource
Pel.SOI1:
Fair I-lousing .Review COnl111ittee:
Fair I-lousing Resolution:
.Fair Housing Plan/Analysis of
I 111ped in1ents:
C0I11nlUnications of Fair Housing
Activities:
Grantee Fair Housing Poster:
SECTION 504 PROGRESS
Designate Responsible Enlployee:
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Pending Pending Pending Pending Pending
Pending Pending Pending Pending Pend ing
NJA 02/17/04 05/09/05 Yes N/A
Pending Pending Pending Pending Pending
N/A N/A N/A N/A N/A
Pending Pending Pending Pending Pending
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504 COll1111ittee Estab I islled.: 1 0/04 t 0/04 N/A N/A N/A
N on-D iscrinuna tion Pol icy N/A 02/"] 7/04 06/21/04 Yes N/A
Adopted:
Gl~ievallce P l.ocedllt~e Esta blisIled: N/A 02/17/04 06/21/04 Yes N/f\
504 Self-Evaluation Con1pleted: Pending Pending Pending Pending Pending
504 Tl-allsitioll Plall: Pending Pending Pending Pending Pending
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2/5
Chapter III
CIVIL RIGH.TS PROGRESS
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EEO Policy Statelllent: Pending Pending Pending Pending Pend ing
EEO Grievance Procedure/EEO N/A 02/17/04 05109/05 Yes N/A
Co Inp lain ts:
G-rantee EtnploY111ent F ornl: Pending Pending Pending Pending Pending
COl1tractlSu bcontract Acti vity Pend ing Pending Pending Pend ing Pending
Re po rt:
Senior Center Participants Fornl: N/A N/A N/A N/A N/A
Sectioll 3 Cel.ti"fica tiOl1S: Pending Pending Pending Pending Pending
Gralltee EEO Postel~: Pending Pend ing Pending Pending Pendi ng
ACQUISITION PROGRESS
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No acquisition in this project. Priva1C
acquisition or ROW acquired prior to grant
applicatioll 011 06/1 7/04+
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Financial Mllllo..r:eIlIent
CONSTRUCTION AND LABOR PROG.RESS
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P l.eCOllstl"'Uctiol1 COll.feI-ellce: N/A N/A N/A N/A N/A
MilllJtes & Cllecklists
Bid Tabulatiol1s: N/A N/A N/A N/A N/A
Notice to Proceecl: N/A N/A N/A N/A N/A
. .-- - . -. - ..--...- ..- _...~
Wage Rate Number: N/A N/A N/A N/A N/A Idaho Power is a Public Utility
and Davis-Bacon Wage Rates are
not applicable.
Ten-day vVage-rale update: N/A N/A N/A N/A N/A
Additional Classifications Required: N/A N/A N/A N/A N/A
CE:RTIF.I.CATION:
I, the undersigned, do hereby certify that the above infornlation contained in this report including the attached
payroll review and the attached disbursenlent report, is correct and accurately re-Ilects the progress and status of the
grant project.
~T~
Signahue ofICDBG Certifi. d
(208) 322-7033 ext. 252
P 11011e
~ ~~~S--
.Date
CE:RT.IF.I.CA TION:
I, the undersigned, do hereby certify that the above infonnation contained in this report, including the attached
payroll revie\v and the attached disbursenlent report, is correct and accurately reJlects the progress and status of the
grant project
...
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Authorized Signature for Chief .Elected Official
Title
Date
.Exhibit C
4/5
III - 16
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MERIDIAN CITY COUNCil MEETING
APPLICANT
May 17/2005
ITEM NO.
6-A-l
REQUEST DR - City Council President - Shoun Wardle - Letter for Ada County EMS
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AITORNEY
CITY POLICE DEPT:
CITY fIRE DEPT:
CITY BUILDING DE?T:
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:
SEfTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
~THER: ~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeHngs shall become property of the City of Meridian.
;
/.
C.
MAYOR
Tamluy de Weerd
CITY COUNCIL MEMBERS
I(ei th Bil.d
Cl11~is til1e DOllne 11
Charles M. ROulltree
Shalln Wal.dle
CITY DEPARTMENTS
Fil.e
540 E. Frall1<lin Road
888~ 1234 / fax 895-0390
Par}<s & Rec.l"eation
11 W. Bowel. S.treet
888-3579 / fax 898-5501
Planning
660 E. Watertovve.r Lane
5 lli te 202
884-5533 / fax 888-6844
Police
1401 E. Wa tertowel" Lane
888-6678 / 846-7366
Pllblic Works
660 E4 Wa tel~tower Lane
Sui te 200
898-5500 / .fax 898-9551
- Building
660 E,L Wa te14 towel. Lal1e
Sllite 150
887-2211 / fax 887-1297
- W astewa tel~
3401 N~ Te11 Mile Road
888-2191 / fax 884-0744
- Watel~
~235 N.W. 8th Street
888-5242 / fax 884-1159
May 17,2005
Ada County Co:rnmissioners
200 West Front, 3rd Floor
Boise, Idaho 83702
Dear Commissioners:
As elected. officials of the City of Meridian, we would lik:e to express
our appreciation to you for allowing tIle issue of Emergency Medical
Services funding to go before the voters of Ada County. We have always
advocated the rights of citizens to be l1eard on tlns issue and we commend
you for mak:ing that happen~
We tmderstand the significal1t difficlllties placed on the County by the
cutbacks from. MedicarelMedicaid. We have heard presentations by EMS
Director Troy Hagen, Don Alloway, and our own Fire Chief Ron Anderson
regarding this matter. After careful thought an.d consideration we cannot
support the EMS Levy Ove.nide Election at the $4.8 milliol1 d.ollars as is
being reqllested. At this time we do not feel there has been sufficient
information provided. to justify the need. for the levy to be increased by tllis
amount.
We support and are in agreement with the analysis of Ada County
Fire Chiefs Association, The Blue Ribbon Task Force Chairman Don
Alloway, and Alan FrankIe, PhD · Economist, that $3 million WOllld sustain
the current EMS system until a long tenn. solution COllld be identified. As
stewards of the taxpayer's money we owe it to OUf citizens to take a more
thoroug.h look at cost cutting meaSlrres before asking them for such a large
Increase~
It has been reported to us that the EMS Planning and Coordination
Committee is making good progress in identifying system improvements
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK - FAX 8884218 CITY ATTORNEY I HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119
printed on reCYcled paper
(
Page 2 of2
Ada County
EMS Levy
and efficiencies. We would encourage you to allow this committee to continue its efforts to
streamline and improve the entire emergency medical delivery system. We look forward to
the implementation of their recommendations.
In closing we would like to stress that the City of Meridian fully supports providing
quality emergency medical services to its citizens~ However, we firmly believe a levy
increase should simply cover on-going costs while further study is made to provide a long
term solution.
Sincerely,
Tammy e Weerd
Mayor, City of Meridian
~./ l
eith Bird
Council Vice-President
Shaun Wardle
Council President
c?C-Grt ~ rz-{
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Charles~.Rountree
Meridian City Council
~Christine Donnell
Meridian City Council
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MERIDIAN CITY COUNCil MEETING
APPLICANT
(/.....
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May 17,2005
ITEM NO~
6-8-1
REQUEST DR - Planning and Zoning Department - Anna Canning - Strategic Focus
Areas & City-Wide Initiatives
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A TIORNEY
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:
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Confacted:
Emailed:
Date:
Stoff Initials:
Phone:
Materials presented at public meetfngs shall become property of the City of Meridlan~
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MEMORANDUM
TO:
FROM:
1\1AYORAND COUNCIL
ANNA BORCHERS CANNING) AICP
PLANNING DIRECTOR
1\1A Y 17, 2005
STRATEGIC INITIATIVES
RECEIlrifED
DATE:
RE:
~1AY 1 3 2005
City Of Meridian
City Clerk Office
TIle Mayor has asked. tllat I provid.e a Department Report regarding the
strategic initiatives. As you will recall, I e-mailed a copy of the revisions to you
previously. The Mayor and I went over them tIle otl1er day, and tllere may still
be some necessary changes. In particular, I missed the issue on access to City
records. It also seemed. appropriate to move a couple initiatives from one focus
area to another. I've incorporated. these changes into the document that you
have before you tonight. I started with the "clean" version; the new edits are in
und.erline and. strikeout form.
Sorry for the confusion on so man}T iterations, but I feel it is important to
document and maintain integrity from revision to revision.
I look fOlward to your comments on Tuesday.
Anna
CITY OF lYIERIDIAN PLANNING AND ZONING DEPARThIENT
660 E. \\lATERTO\VER ROAD
1YIERlDIAN, ill 83642
t.. ".
DRAFT #1- Revised Strategic Il1itiatives with Focus Areas
Focus Areas:
Work tooether as City Departments with the common Goal of Quidina arowth,
/Jrovidina city services within available resources~ oraanizational excellence~ and
stewardship of the public trust.
· Planning For Community Growth
A vibrant community accommodates and encourages growth which leads to
economic vitality and sustainability. Planning for growth is a community process
that represents the community at large~ Planning requires collaboration among
all service providers and governing agencies~
Initiatives:
Meet the current demands for services, while anticipating additions and changes~
Follow-up with appropriate programs, ordinances, and resolution to meet those
demands.
Be rospons!vo1 fnnovatiVQ ::Jnd opportunfst,ic in improving response times,
covorogo, and V/Oj(S of doing business.
· .Providing City Services With Available Resources
Many city services rely on public funding for personnel and equipment. Growth
creates constraints and limitations on those services. Use existing-and create
new-partnerships and collaborations to plan for growth.
Initiative:
Be reslJonsive. innovative and opportunistic in im{lroving response times,
coveraaei and wavs of doina business.
Find alternative funding sources and operational efficiencies.
· Organizational Excellence
The image of City elected officials and staff reflects community commitment Our
citizens expect the best service possible, and the City recognizes the value of all
of its employees in providing such service.
Initiatives:
WM 3/28/05
page I of2
(r."
DRA"FT #1- Revised Strategic Initiatives with Focus Areas
Enhance employee skills through training, coaching and mentoring.. Positive
reinforcement of job performance will result in a work environment that makes
employees stakeholders in the success of the City~
Use information technology to enhance staff's ability to respond efficiently and
effe ctive I y.
Promote the mission and demonstrate City values at all times. Demonstrate our
commitment to our core values through our actions.
· Stewardship of the Public Trust
Citizens entrust their tax monies with the City and expect the greatest benefit
possible in the use of those funds" As stewardsl we are not only responsible for
the daily operation of services and governance of the City, but we are also
obligated to do it in a manner that protects the fiscal solvency of the City.
Initiatives:
Participate in public involvement, outreach, and collaborative partnerships to
improve the trust support, and confidence of our community in our stewardship.
Demonstrate financial responsibiljty~ Regularly evaluate fee assessments and
monetary oversight processes to maintain fiscal solvency.
Develop a system for IJrovidina consistent understandable, accurate, and
comolete information reaardina citv records and access to city information.
WM 3/28/05
page 2 of2
(n.
c:...... .
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO.
6-C-l-A
REQUEST DR - Legal Department - Bill Nary - Proposed Policy Changes-
Bereavement Leave
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORN EY
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:
SEITlERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN posr OFFICE:
OTH ER:
See attached Policy
Contacted:
Emailed:
Date:
Staff Inifials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 4.5
SUBJECT: BEREAVEMENT LEAVE
PURPOSE: To provide paid tilne off for eligible employees to attend funerals address
the needs of tile employee upon the d.eath of a melnber of the employee's
immediate family.
POLICY: In the event of a death in the immediate family of an employee, the City
allows an eligible employee an abse.nce from work with .pay of up to three
(3) consecutive workdays. Additional time off l["Yitllout pay may be
granted at the discretion of the department head Director consistent with
the policies of the City. T.he employee shall notify his/her supervisor as
soon as possible prior to tile use of this leave.
AUTHORITY & RESPONSIBILITY: Immediate supervisor and department flead
Director shall be responsible for administration of this .policy.
PROCEDURES AND RELATED INFORMATION
I. In tIle event of a deat]l ill tIle immediate family of an employee, tIle City allows an
employee an absence from work with pay of 1llLJQ three (3) consecutive
workdays. Additional time off "C"y/ithout pay may be granted at the discretion of the
department flead Director consistent with the policies of the City. The employee
shall notify his/her supervisor as soon as possible prior to the use of this leave.
II. For purposes of this policy, immediate falnily shall be defined as current spouse,
children, parents, ill-laws, brother, sister, grandparents, or grand.child of the
eln:ployee~ In-laws are defined as a father, mother, or grand.parents of current
spouse.. or sister and brother in-law of the emplovee" Adopted or "step"
relationships will be considered same as any other family relationsh.ip~
III~ Bereavement Leave provisions for bargaining unit em.ployees in the Fire
Department shall be governed by the provisions of tIle bargaining agreement.
Refer to the union contract for additional details.
(
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO~
6-C-l-b
REQUEST DR - Legal Department - Bill Nary - Proposed Policy Changes-
Education Reimbursement
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:
SEITLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Policy
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shaJl become property of the City of Meridian.
,( ... .
:.:~"""".. "
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 5.4
SUBJECT: EDUCATION REIMBURSEMENT
PURPOSE: To establish guidelines regarding educational reimburselnent provided by
the City.
POLICY: The City will assist regular full-time employees by contributing to the cost
of approved. courses taken at accredited institutions as outlined within this
policy~
AUTHORITY & RESPONSIBILlTY: Application for tuition reimburselnent .must be
submitted to the d.~partrnent .head for ~pproval, and thereafter forwarded to
HUlnan Resources for processing.
PROCEDURES AND RELATED INFORMATION
I~ T.he City encQu.rages em.ployees to expand their knowledge and skills thrOUgl1
participation in outside educational programs during non-working hours~
II. The City will assist regular full-tilne eluployees by contributing to the cost of
courses taken at accredited institutions~ The City will reiluburse $500.00 per
semester up to $1,000.00 per accounting fiscal year for registration, tuition,
fees and books.. Travel and. similar miscellaneous expenses are not
reimbursable.. The Departlnent Director Inay consider reiluburselnent in
excess of $1 OOO~OO for registration" tuition.. fees and books with ap.proval of
th.e Mayor. The fundin.g for any additional reimburseluent Inust come from
the department's current budget for training.
III~ All courses must be directly related to an employee's job, be considered of
value to the employee's future develoPlne.nt with the City, or be part of a
degree .program which relates to the employee's present position or future
development within the City. Courses must be approved in advance of
participation bv the department head.
IV. To qualify for education reimbursement, an elnployee must be employed with
the City for six (6) Inonths~ To receive reimbursement, an employee must .be
on the payroll at the time the course has begun and completed. The course
must be completed with a passing grade of C or better or a P on. pass/fail
basis. Reimburselnent will be made after tIle successful completion of the
course(s). Copies of grades~ receipts for tuition.. books~ and fees must be
submitted with the reilnbursement request.
(: ".
("
v. Contact the HUlnan Resources DepartmeJlt for tIle edu.catiol1 reilnburseluellt
forIn.
i"
~"
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO~
6-C..l-c
REQUEST DR - Legal Department - Bill Nary - Proposed Policy Changes-
Introductory Period of Employment
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:
See attached Policy
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
{
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 2.8
SUBJECT: TRILA1L SER"ICE INTRODUCTORY PERIOD OF EMPLOYMENT
PURPOSE: To provide new elnployees with an und.erstanding as to ernploytnent
responsibilities and expectations regarding elnployme.nt status.
POLICY: Each l1ew eln.ployee, whether full-tilne or part-time, l1ired shall serve an
introductory period of employment for six (6) lTIOllths, or one (1) year for
Police or Fire personneL The City of Meridian is an "at-will emplover.
AUTHORITY & RESPONSIBILITY: Human Resources shall cOlumunicate this
policy to new employees during their initial orientation. Supervisors are
expected. to set clear expectations for employees, and to work with them
closely during the introductory period to ensure .proper learning and
training take place. Supervisors are also expected to provide appropriate
feedbac.k and learning opportunities so as to appropriately train new
eluployees and assess tlleir ability to perform related job d.uties.
PROCEDURES AND RELATED INFORMATION
I. Every new regular full-time or part-time employee serve an introductory period of
employment of six (6) months, or one (1) year for Police or Fire employees.
II. The introductory :period is used to determine wllether tIle employee is suited. for
the position, qualified and capable of performing the work and can Ineet the job
standards.
III. After cOlupletion of tIle introductory period, new eluployees s.hould be given a
perfonnance evaluation as provided for in the perfonnance appraisal policy. If the
perfonnance of the employee has been unsatisfactory the City reserves the right to
sever the at-will employment relationsllip or extend the introductory .peri.ad for U.p
to an ad.ditional 90 days. The introductory period may be exten.ded by the
department director witll approval of the Human Resources Director head with
Mu)tQr appro\~al, and with written notice to the employee.
IV~ Following the introductory period, employees sh.al] be considered "regular
employees." Completion of tIle introductory period is not a guarantee of
continued elnployment with the City of Meridian nor does it alter the at-will
status. It simply provides a benchmark for employees and supervisors to achieve
and assess the elnployee's long term viability to perform the necessary functions
of the position.. \vhcrein heightened training and o "t:/crs i ght takes place.
Completion of tIle Introductory Period may not result in a wage/salary review.
"'\1
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.c.:.:':.....: ..
The City reaffinns that nothil1g 't?ithin this specific poliCjr, llor "I~vithin the polic)'
and procedure Inanual in an)' ~l'T/a)' COllstitutes a contract bct~vYccn the Cit), and. its
clnployees and. docs not in an)' "vvay ilnply or create an)' rigllts, contractual or
Otller\visc, on be]1alf of the Cit)"s cmplo)'ees~
INTP~ODUCTORY PERIOD PROMOTED/T~AJ..NSFERRED EMPLOYEES
.L^L~ .t^....n cluployce selected for prolTIotio.n/transfcr -"yvill enter an Introductory Period
of not less than siJC (6) lTIOnths to assess l1is/her perfonn.ancc.
B. S".vorn police officers and bargaining u.nit employees in the Fire Dopartlnent
ha"l/e an introductor)' period of one (1) year.
c. Completion of the Introductory Period maj~ not result in a 'l'T/ugelsalar)' re~,,'ic\v.
MERIDIAN CITY COUNCil MEETING
APPLICANT
May 17/2005
ITEM NO.
6-C-l-d
REQUEST DR - Legal Department - Bill Nary - Proposed Policy Changes -
Compensation Program
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A TIORNEY
CITY POLICE DE?T:
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:
SEITlERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER:
See attached Policy
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
{
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMB.ER 3.4
SUBJECT: COMPENSATION PROGRAM
PURPOSE: To provide guidelilles for consistent ad.lninistration of the cOlnpensation
program and lTIOVelnent of an elnployee froIn position to position (i~e.,
promotion, transfer, demotion, etc.)~
POLICY: The City.has developed and supports a pay-far-performance compensation
program for all non-represented employees that include pay increases for
cost of li~/in.g adjustlnents~ The following .procedure provides guidelines
related. to the administration of the compensation program for departInent
heads and other managers~ Represented employees should refer to tIle
current labor agreement for information regarding their cOlnpe.nsation
structure and policies.
AUTHORITY & RESPONSIBILITY: Human Resources s.halI oversee the
administration of the cOlnpensation progralTI and shall ensure tllat it is
adjusted and up-to-date at all times~ Departlnent flea4s. Directors are
responsible for luanaging the imple.mentation of the progralTI according to
performan.ce and budgetary guidelines. The Mayor and. City Council are
responsible for determining appropriate cost of living adjustments and
performance increases within budgetary constraillts and guidelines.
PROCEDURES AND RELATED INFORMATION
I. The City .has developed and. continues to :maintain a comprehensive pay-for-
performan.ce cOlnpensation program, which. provides for the establishment of set
ranges for all positions within the City's structure. Elnployees can reasonably
expect to advance through his or her pay range tl1at is assigned. to his/her position
by effectively meeting perfonnance expectations of assigned duties.
II~ TIle City sllall comply with all State and Fed.eral pay acts respecting tIle
compensation of employees for work performed.
III. The City is conunitted. to the philosophy of rewarding em:ployees for their
performance, and. has designed a compensation program to meet this objective~
Elnployees Inay incrementally advance through their assigned salary ranges on an
alIDual basis in accordance with their performance rating~
IV. DEFINITIONS
The following terminology may be used in describing actions or steps taken as a
normal part of this program~
(.. .
o "In-guideline": Tllese include all approvals that are within the guidelilles
as set fortll by the cOlnpensation. progralll. III guideline adj"ustIn.ents require all
levels of Inal1agelnel1t SigIlature in the cl1aill of COlTIlnand (starting witl1 tIle
Supervisor) up to and including the departlnent head.Director.
o "Out-of-guideline": Includes adjustlnent that do not fall within tile
llormal guid.elines of the compensatioll progralll. Typically includes pay
increases beyond wllat is set [Ort11 in the annual progralTI, or a pay decrease for
some purpose~ Such guidelines require apI)roval by all levels of Inanagement
up to and including the Mayor~
o A promotion is a reassignment of an em,ployee to a position in a higher
salary/wage range or grade than tIle employee's prior ,position. A prolTIotion
does not automatically justify or guarantee an increase to the i.ndividual' s
actual pay.
o A demotion is a reassignment to a position of lower salary/wage range
than tIle em.ployee's prior position. This does not automatically ilnpact the
eluployee's actual wages paid.
o A transfer is a laterallTIove to a different job in the same grade. Such
adjustments m.ay or may not im.pact actual wages.
o A documented warning is an action taken when all elnployee's behavior
is in.consistellt with the City's statelnent of conduct al1d has received a writtel1
notice describing such conduct
o A s.hort-term reassignment (less than three (3) calendar months) is not
COl1sidered as a promotion, tral1sfer, or demotion.
D A pay review is conducted when a wage or salary adjustment is being
considered due to internal or external comparison factors.
o A performance review considers .various factors of tIle elnployee's
fulfillment of his/her job duties.
Moving to another shift is .not considered. a promotion/tral1sfer unless meeting tile
above criteria~
IV. PAY PROGRAM
The following describes the pay program for all non-represented, non-Police
positions.
A. The City .has develo.ped a comprehensive classification and cOlnpensation
program that aligns positions within the organization based on internal
evaluation and external comparisons (e.g~, market surveys). The City is
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(.
cOlmnitted to intel11al equity and. exterlla] cOlnpetitiveness in its pay
progralTI, and regularly updates and. reviews its program accordillgly to
maintain these objectives.
B. Positions are assign.ed a pay range according to job type and levels of
responsibility and other factors as provided by the job evaluation process.
Ranges are established for each positiol1, which identify tIle range
min.ilTIUm and Inax.imU1TI.
c. Movelnent within the ranges is dependent upon perfonnance ofjo.b duties.
To tIle extent possible acceptable perfonnance will be rewarded by an
upward lTIOVement within the range, while outstanding performance is
rewarded by more generous u.pward movelnel1ts. Unacceptable
perfonnance will not be rewarded. Because movelnent within tIle assigned
range is dependent upon performance, employees should not presume
there to be a guarantee of an increase, nor s110uld they expect to reac.h tIle
maxilllum point of the assigned range without acceptable performance.
D. The Mayor and City Council will determine .pay increases as budgets are
set and tax levies are authorized. Pay given for any :positioll within the
City is subject to the annual budgetary process and as such Inay be subject
to increase or decrease from fiscal .budget year to year. The head of the
department may make suggestions about salary cOlnpensation and other
pay system concerns, but tIle final decision regarding compensation levels
rest with the Mayor and City Council. The Mayor and City Council
reserve -the right to make budget adjusttnents, and consequently :pay
adjustlnents, during the course of the fiscal budget year to deal with other
circumstances, whicl1 necessitate changes in entity expenditures.
E. Performance in.creases are made according to the mid point of their
current grade range. .L^;t,.ftcr considering the employee's performance, the
percentage increase \'I/ill be dctcnnincd. (p,ercentagc allotments arc
detennincd b)r A1:a.yor and City Council annuall)r). This amount is
multiplied b)r the mid point of the clnployee's grade and added to the
current ratc.. For example, an clnploy~ce is in. a grade range "vvith a mid.
point of $10.00. The indi"~Fidual is given u 3~~ increase based on hislhcr
performance. The employee's current rate is $9..25. The employee's nc\v
rate "yT,ould be $9.55 ($10.00 X .03 - $0.30 + $9.25 - $9.55).
F~ The performance increase amounts may be adjusted on an annual basis.
Contact Human Resources for the most current schedule.
v. COST OF LI'/ING j\DJUST~iENT
.LA.. separate cost of living (COL.(^:a..) increase ""T,ill be given to no.n union employees,
on October 1 st of each )Fcar. The amount 'v/iII be based on the "'."'/estcrn United
(
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Region COl1sumer Price Index (CPI). Tllis l11creasc IS separate froln the
performance pay'" and. step programs.
-L^lo.ll pay ranges \~lill be adjusted .by the COLiA... percentage. Individual pa)~ ""viII also
il1crcasc by tile cost oflivil1g adjustment.
VI. BARGAINING UNIT EMPLOYEES (FIRE)
Provisiol1S of the bargaining agreelnent shall govell1 the pay program for Fire
elTI.ployees WI10 are represented by the bargailling unit" Refer to the union contact
for pay structure.
VII. POLICE OFFICERS
A. Sworn police officers, excluding tIle Cllief of Police al1d Captain(s), are on
a separate salary step program that is indepe.ndent of the non-Police salary
program" (Contact Human Resources for tIle Illost current schedule.)
B. Movement on the Salary Schedule s.hall be determined by reference to the
police officer's original date of em:ployment. At the designated
aoo.iversary date of employment (e.g. 1 yr, 2 yrs, etc), if the police officer
has received an evaluatio:n rating of at least "ACCEPTABLE" for the
cun.ent year, he/s.he is eligible for an upward movelnent in step within
his/her assigned range.
C. If all officer receives less than an "ACCEPTABLE" perfonnance rating,
he/she shall remain on the same co.mpensation step regardless of
continuous tilne in service, unless and. until that offi.cer receives an
evaluation of "acceptable" or better. In addition, he/she shall also be
placed on a performance iluprovement plan requiring immediate
ilnprovelne.nt in performance.
VII. EMPLOYEES WHO EXCEED THE MAXIMUM OF THEIR ASSIGNED
RANGE
A. Elnployees who exceed tIle lnaxilnum of their assigned. range shall
continue to receive increases as if they were within the range for one (1)
year" If after o.ne (1) year the employee is above the range maximum,
:he/slle will be frozen only eligible for a merit amount that will not be
added to the employee's base wage until recaptured in the range"
B. Sworn officers above the InaxilTIu.m of the range will be frozen only
eligible for a merit amount that will not be added to the employee's base
wage until recaptured in the range~
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MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17, 2005
ITEM NO,
6-C-l-e
REQUEST DR - Legal Department - Bill Nary - Proposed Policy Changes-
Clothing Attire and Allowance
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:
See attached Policy
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
c..:
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 6.14
S.UBJECT:
CLOTHING ATTIRE AND ALLOW ANCE
PURPOSE:
To provide guidelines to employees regarding appropriate attire for the
workplace and the use of City funds for the procuremel1t of work clothing
and ullifonns.
POLICY:
City elnployees may be allotted a clothing or unifol1TI allowance for the
purchase of work clothing or unifonns. Tllis allowance may be used to
purchase Sllirts, pants, work boots, and other exterior clothing for the sole
purpose ofperfonning their duties comfortably wllile maintaining a neat and
clean appearance. This allowance does not apply to the clothing supplied to
employees based upon contractual or operatiol1al requirem.ents. TIlese are
delineated later in this policy.
AUTHORITY & RESPONSIBILITY:
The Department Director or Department Head will approve all purchases of
work clothing or ul1ifonns either by an established. .policy and procedure or
by individual approval of purchase ord.er. Purcl1ased clothing must remain
appropriate and practical for the job being .performed. The Department
Director shall also be responsible for setting the standard of attire appropriate
for their department. The attire wo.m should be appropriate for tIle iob
performed and a~propriate for the necessary public contact that the lob
reqUIres.
PROCEDURES AND RELATED INFORMATION:
I. All clothing purchased must be practical and appropriate for the job being perfonned.
Clothing should .be inscribed to indicate the employee is an employee of the City of
Meridian.
II. Employees are to take reasonable caution in the cleaning and .maintenance of all su.pplied
clothing.
III. If clotlling or uniforms are supplied, the employee is required. to wear the provided
clothing or uniform in accordance with departmental policy or as set by the department
director~ If clothing is worn or destroyed sooner than normal the e.mployee will.be
respo.nsible for replacement.. Exceptions must be approved by th.e Departlnent
Directors.
DEP ARTMENT~ DOLLLA1R ~\.LLOW.LAJU.~CES
I. Office and. 1\1anagerial Administrative Staff for all Departments
(.n ..
Office al1d l11anagcrial adlnil1istrative staffwiII.be givell latitude to purchase City of
Meridian logo clothing up to the d.ollar ron.QUllt approved. in tIle City budget per
eluployee per year~ The elnployee has tIle option to apply this desigtlated. amount to
a larger purchase, with tIle difference being paid by the elnployee or through tIle
incentive progralTI. The City logo may DIlly be placed on articles of clothing that are
appropriate for t]le workplace.
II. Public Warks Field Inspectiol1 Personnel
Field Inspectors are allocated a clothing allowance to p.urcllase City of Melidian logo
tee-shirts for snrmn.er use and long sleeve Sllil1s for winter use. A wil1ter jacket or
coveralls may be purchased.
III. Police Departlnellt
Uniform and dress requirements for all Police Departlnent personl1el are detailed in
Meridian Police Department Policy and Procedure Cl1apter II Section 3 Uniform and
Equiprn.ent.
All sworn officers receive a clothing allowance per year and are allocated ad.ditional
chits for dry cleaning; initial uniforms and equipment are purchased and supplied .by
the departlnent on llire.
.NOl1- sworn persolU1el are governed by the section on office and managerial staff
All clotlling allowance is .paid directly to the employee and is taxed.
IV. Fire .Department
Ul1iform and dress requirements for all sworn Fire Department personnel are detailed
in Meridian Fire Department Rules and Regulations A.rticle 3- Appearance and
U.nifonns~
All firefighters including the Chief and Deputy Clliefs receive a clothing allowance
per the current union contract.
v . Waste Water Treatlnent Plant and. Water Department
Except at the discretion of the Department Director the Su.perintendents~ assistant
superintendents, office staff" 'l~/ith the exception of and managerial and
administrative staff: all oth.er em.ployees may receive a clothing allowance to
purchase shirts, sweat Sllirts, and. other outer wear such as coats and overalls. Due to
their current unavailability.. overalls and other outerwear are exempt from tIle safety
color requirement. Elnployees are provided with City logo hats
VI. Parks
Except at the discretion of the Department Director the Superintel1dents'l office staff"
";Xlitll tIle cx.ccption of and managerial and. administrative staft: all otller employees
may receive a clothing allowance to purchase S11irts, sweat Sllil1s, and other outer
wear such as coats and overalls. Elnployees are provided with City logo l1ats
(
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO ~
6-C-l.f
REQUEST DR - Legal Department - Bill Nary - Proposed Policy Changes-
Military Leave
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:
See attached Policy
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented af public meetings shall become property of the City of Meridian..
(:....
(.:..... ....
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 4.7
SUBJECT: MILITARY LEAVE
PURPOSE: To outline the City's policy on providing etTIl)loyees tIle opportunity to
serve in th.e Reserve Forces or the National Guard.
POLICY: Employees who are active in the National Guard or brancll of the Armed
Forces Reserves for the purpose of filling their annual field training and
obligations will be granted unpaid military leave of absence in accordance
with ~p.plicable requirements of state and federal laws.
AUTHORITY & RES.PONSIBILITY: Employees must subtnit all military orders to
Human Resources for initiation of .proper papelWork. A co.py of orders
shall be placed in the employee's persolU1el file, and related paperwork
will.be forwarded to Accounting for proper time off considerations.
PROCEDURES AND RELATED INFORMATION
I. Employees who enter the Inilitary service by draft or enlistment shall be granted. an
unpaid leave of absence for that purpose and at tile conclusion of such leave of absence
shall be reinstated in accordance with all applicable state and federal laws.
II. Ap.plication for fulfillin.g annual field training, draft or enlistment must be made as soon
as possible after the employee's receipt of orders.
III. During Inilitary leave of absence, an employee's benefit coverage will be the same as
for any otller employee 011 an unpaid leave of absence. Medical coverage may be
continued based on th.e provisions of the Uniformed Services Elnploytnent Rights Act
of 1994 (USERRA). Employees may apply any earned, accrued vacation time before
the beginning of their unpaid military service leave if they wish; however, they are not
o.hliged to do so.
IV. Questions about this policy should .be directed to the Human Resources Director who
shall have the responsibility for interpretation to assure similar treattnellt of employees
on a citywide basis.
v. Emplovees on involuntary active military duty that are receiving military pay in an
amount less than their pay with th.e City of Meridian are eligible for "make-up pay."
The City will pay tIle employee the difference between their military pay and their City
pay (not including overtime~ swing-u.p~ or Kelly days) for up to twelve (12) months.
Extensions beyond twelve months must be approved bv the Mayor and City Council.
VI. Etnployee's depend.ents Inay relnain. on the City tnedical bellefits prograln~ when the
elTI})loyee is on involuntary active luilitarv duty'l but they must pay th.e same premiUlTI
aID.QUIlts as if the elnployee were currel1tly workillg for the City. Tllis option Inay
continue for up to twelve (12) Inonths. Extensions beyol1d twelve lTIontlls .must be
approved by tIle Mayor and City Council.
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 1712005
6-C-l-g
ITEM NO.
REQUEST DR - Legal Department - Bill Nary - Proposed Policy Changes-
Director Benefits Program
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A TIORNEY
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:
OTH ER:
See attached Policy
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Merfdlan~
,Ii
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 5.5
SUBJECT: DIRECTOR BENEFITS PROGRAM
PURPOSE: To provide fair and equitable .benefits for the Depal1ment Directors of tIle
City. TIle City acknowledges that the Directors work ill excess of otller
positions witllin the City and hold the highest alTIOunt of accountability for
the direction of the various Departm.ents. The Directors are accountable to
th.e Mayor, tIle City Council, and the citizel1S of Meridian.
POLICY: The Department Directors of the City serve as appointees pursuant to
Idaho Code~ The expectation is that the Director will perform and meet
the expectations of the Mayor and the City Council. This benefit plan was
developed to insu.re that the City of Meridian can attract and retain the
lTIOst qualified Director's~ This plan provides cost effective and positive
incentives to recognize the value and enhancement quality executive
personnel can provide to the benefit of Meridian and its citizens~
AUTHORITY & RESPONSIBILITY: Human Resources will be tasked to monitor
and implement the requirelnents of this policy~ Human Resources will
further be responsible to .keep the benefits provid.ed under this policy
current with the job market through it normal measures~
PROCEDURES AN.D -RELATED INFORMATION:
The Departtnent Directors shall receive tIle following benefits in addition to the other
City benefits provided. In areas where the Directors benefit exceeds the regular
employee's benefits, the Director shall receive the greater .benefit.
· No introductory period of employment;
· Annual Leave accrual at 16 hours per month with a maximu.m of384 hours;
· Ability to sell up to Y2 of accrued vacation leave annually and direct it to a City
deferred com.pensation plan (All IRS regulations must be adhered to);
· City willlnatch up to 2% of Director's salary, or the mnount the Director puts in
the deferred compensation plan, whichever is less, into a City deferred
compensation plan;
· Upo.n begilUling of employment, the Director will receive a bank of 40 hours of
sick leave and 16 hours of annual leave;
· The City will pay for an additional $75,000 in life insurance coverage above and
beyond the City provided current coverage;
· Ifnecessary, the City will provide up to the 21 days of paid coverage to qualify
for Sl10rt Term Disability .program (STD)~ Directors own available leave lUUst be
applied first;
f {"": '
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· If:necessary, the City will provide "luake-up" pay between STD and Director's
salary for up to 90 days or until Long Term Disability (L TD) becoffi.es available.
Directors own available leave must be applied first.
· If l1ecessary, the City will provide "make-up" pay between LTD and Director's
salary for up to 90 days. Directors own available leave luust be applied first
r"'"
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MERIDIAN CITY COUNCil MEETING
APPLICANT
May 17,2005
ITEM NO.
6-C-l-h
REQUEST DR - Legal Department - Bill Nary - Proposed Policy Changes-
Trial Service Period for Promotions or Transfers
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AllORNEY
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:
OTH ER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
c
(.
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 2.9
SUBJECT: TRIAL SERVICE PERIOD FOR PROMOTIONS OR TRANSFERS
PURPOSE: To provide current elnployees witll an op.portunity to lealn and grow illtO a
new prolnotion or transferred position4
POLICY: Each elnployee shall serve a Trial Service period of no less than six (6)
lTIonths u.pon transfer or .prolllotiol14
AUTHORITY & RESPONSIBILITY: Supervisors are expected to set clear
expectations for eluployees, and to work with them closely dUril1g tIle trial
service period to ensure proper learning and training take place.
Supervisors are also expected to provide appropriate feedback and
learning opportunities so as to appropriately train these employees and
assess their ability to perfOrlTI related job duties4
PROCEDURES AND RELATED INFORMATION
I. An elnployee selected for promotion or transfer will begil1 a Trial Service Period
of 110t less than six (6) months to assess tlleir .performance4 The Trial Service
period. may be extend.ed by the Department Director Wit]l approval of the Human
Resources Director, and Wit!l wlitten notice to the employee.
A. Completion of the Trial Service Period does not require a wage/salary review.
B4 Sh.ould tIle selected employee be unable to satisfactorily perform the duties of
the new position, their supervisor will notify th elTI 9 Efforts will be made to
:place the em.ployee ill another position witllin the organization for which they
are better suited and qualified, if available. If no appropriate match is found,
tennination may result.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Verona Subdivisio.D #3 Rezone, A rezone of 4.65 acres from R-8PD to L-O
Case No(s). RZ-05-006
For the City Council Hearing Date of: May 17 2005
A. Findings of Fact
1 ~ Hearin.g Facts
a. A notice of a p.ublic hearing was published for two (2) consecutive weeks prior to
the City Council public 11earing, the first publication appearing and written notice
.mailed to property owners or purchasers of record within three hundred. feet (300')
of the external boul1daries of the property.. The notice of public hearing before the
City Council was posted upon the property under consideration. more than Olle week
before said hearing. All other .noticing was done consistent with Idaho Code 967-
6509.
Th.e matter was duly consid.ered .by the City Council at tIle April 21, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full OPP9rtunity to express comments and sublnit evidence.
b. Written and oral testilTIOny was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and. in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission co.uducted a public hearing and. issued a
written recommendation on the subject matter to tIle City Co.unci!.
d~ The City Council heard and took oral and written testimony and duly considered the
evidel1ce and the record in this .matter.
2. Process Facts
a. There has been co.mpliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and] 1-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and. Proof of
Posting filed with the staff report
3. Application and Property Facts
a. In addition to the application and property facts noted in the staffreport and. the
Plalll1ing & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the tilne of issuance of these
findings are Primeland Developlnent, LLC, Frank Varriale, President
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC.ISION & ORDER
CASE NO(S). RZ-OS-006- PAGE I Of 4
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4. Required Findings .per Z011il1g and Subdivision Ordil1allce
a. See Exhibit C for tIle findings required for each type of application.
B. Conclusions of Law
1. The City of Meridian sIlall exercise the powers conferred UpOl1 it by tIle "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idallo Code (I.C. ~67-
6503).
2. The Meridian City Cou.-ncil takes judicial notice of its Zonil1g, Subdivision and
Development Ordinances codified at Titles 11 and. 12, Meridian City Code, and all
current zoning ln~ps thereot: TIle City of Meridian has, by ordinance, established tIle
Impact Area and tIle Amended Comprehensive Plan of the City of Meridian, Wl1ich was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
9 11-17 -9 ~
4" Due consideration l1as been given to the comment(s) received from th.e govenune.ntal
su.bdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expe.nse upon the public if the attached conditions of ap.proval are imposed.
6. Tllat the City l1as granted an order of approval in accordance witll tllis Decision, which
shall be signed .by the Mayor and City Clerk and then a copy served by the Clerk U.pOll
the applicant, the Plalming and Zoning Department, tIle Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description .in Exhibit A, the Preliminary Plat
dated August 3,2004 as shown in Exhibit B and the Site Specific Comments in Exl1ibit
D.
c. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's rezone as evidenced .by having s.ubmitted the Preliminary Plat and
Legal Description dated August 3,2004 is hereby conditionally approved; and
2. The site specific and standard conditions of approval are as shown in Exhibit c~
D. N'otice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW A.ND DECISION & O.RDER
CASE NO(S). RZ~05-006- PAGE 2 Of 4
Please take notice tb.at after the date of approval of the preliminary plat, the owner or
developer shall have one year withil1 Wl1ich to file the requ.est for approval of the fil1a]
plat After approval of final plat, the owner or developer shall have one year to begin
construction of tIle public utilities and one year thereafter to complete constructiol1 of
those public facilities. (MCC 12-2-4.B & C~)
E. Notice afFinal Action and Rig.ht to Regulatory Takings Analysis
1. Th.e Applicant is l1ereby notified that pursuant to Idaho Code 67-8003, tIle Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with tIle 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 whicl1 a Petitioll for Judicial Review may be filed.
2. Please take notice that this .is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521 an affected. person .being a person Wll0 has
an interest in real property whicll1nay .be adversely affected .by the issuance or del1ial of
the conditional use pel1nit approval may within twenty-eight (28) days after the date of
this decision and. order seek a judicial review as provided. by Chapter 52, Title 67, Idaho
Code~
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Rezone Map/Preliminary Plat
.Exhibit C: Zoning Findings
Exhibit D: Site Specific Comments
Byac .on of the City Council at its regular Ineeting held on the
, 20054
!7~!L day of
COUNCIL MEMBER SHAUN. WARDLE
VOTED
CO.UNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
CITY OF M.ERIDIAN F.INDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). RZ-05M006- PAGE 3 Of 4
c.
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
eparttnent, Public Warks Department
and City Attorney.
By:
I\.I~
Dated: 5-d3-OS
CITY OF M.ERIDIAN FrNDINGS OF FACT~ CONCLUSIONS OF LAW AND DECISION & OR.DER
CASE NOeS). RZ-05~006- PAGE 4 Of 4
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EXHIBIT A
Verona Subdivison #3
RZ-05-006
Legal Description
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Thence along said righl-ofw\ :ay North 82Q03 ~21 .~ \Vest. 31 I -34 feet;
Thence 90.54 feet along the ~c of a CUlVC to the left) having a radius 0[827.00
feet~ a central "angJe 0[60 16)22~\ ana a long chord bearing North 8501 I jo32"~ West, 90.50
feet; I
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Thence 50.48 feet along the h.rc of a curve to the rightJ' having a radius of 193.00
feet) a central angle of J4059'1 au, a ~ d a long chord bearing North 80050lP09n West, 50.34
feet;
Thence 105.55 feet along th~ arc of a curve to the left. having a radius of336,00
fcelt a central angle of 17059~57Ut and a long chord bearing North 82020'32~' \Vest,
105.12 feel to the Point of Beginnint. Contalning 4-65 acres, more or less.
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EXHIBIT B
Verona Subdivision #3 Rezone
RZ-05-006
Approved Site .Plan
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EXHIBIT C
Verona #3 Subdivision Rezone
RZ-05-006
Required Findings for Zoning Amendment
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall revielV the particularfacts and circunzstances of each proposed zoning
amendment in terms of the follolving standards and shall find adequate evidence ans}vering the following
questions about the proposed zoning amendlnent (11-15- J 1):
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendm.ent;
The subject property is designated as "Medium Density Residential" on the
COluprehensive Plan Future Land Use Map. Staff finds that the requested
Limited Office (L-O) zoning designation for use as a comlnercial site Wit]l office
uses is harmonious and ill accordance with the COlnprehe.nsive plan. MCC 12-6-3
allows non-invasive buffers of office develo:pments where the use is second.ary
and. supportive of the neighborhood residential uses in a Planned Development.
The Mediulll Density .Residential comprehensive district makes allowances for
large subdivisions und.er Planned Develo.pments.
B. Is the area included in the zoning amendment intended to be re-zoned in the
future;
Staff does n.ot anticipate that the applicant intends to rezone the subject .property
in the future. The proposed uses are consistent with the Medium Density
Residential Designation within a Planned Develo.pnlent and the proposal is in
compliance with this designation, the conditional use permit, and preliminary plat
conditions of approval.
c. Is the area included in the zo.ning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Staff finds that the proposed uses of office are allowed in the pro.posed L-O zone.
The applicant has not submitted a proposed site plan and is not specifically
proposing to install any site improvements with the subject rezone application.
TIle applicant will be required to submit for a Certificate of Zoning COffi.pliance
(CZC) whicll, when processed, .will require the applicant to make site
improve.ments, including parking and landscaping, in accordance with Meridian
City Code. TIle uses are limited by the Planned Development CUP-G3-007 to the
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office/cllurcll uses as listed to provide local services (i.e. Inedical, delltal, optical,
religious etc. ..)
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
Staff finds that the City's COlnprel1ensive Plan alld development ordinances l1ave
provided the applicant with the ability to request the L-Q ZOlle for the subject
property. The existing approvals CUP-D3-00? a.nd PP-04-044 are consistent in
uses within a Planned Developtuent and the develoPlnent l1as occurred in a
fashion COl1sistent with the approvals. The rezo.nin.g of the property will allow for
the uses and the zoning to be compatible~
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not chan.ge the
essential character of the same area;
Staff anticipates that the proposed use will be operated and maintained to be
harmonious with. the existing neighborhood. The applicant has not submitted
specific information concerning th.e design or appearance of the .proposed offices.
The COlmnission and Coun.cil should consider all public testilTIOny, oral and
written, before Inaking tllis finding.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the requested rezone should not be disturbing to existin.g or future
neighboring uses. Through the preliminary plat process, the City d.etermined that
office uses were appropriate for the area.
Staff anticipates that the .proposed offices will not be 11azardous or disturbing to
the neigllboring uses. TIle COffilnission and Council should consider all public
testimony, oral and. written, before .making this finding.
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such
service;
Based on the joint agency/department meeting and other COlnments received from
agencies/departments, staff finds that the public services listed above can be made
available to accommod.ate the proposed development.. TIle COlnmission and
Council should reference any written and/or verbal testimony subluitted by any
public service provider, regarding their ability to adequately service this project
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H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
Staff finds that the requested uses will not create excessive additional
requirelnents at public costs for public facilities and services~ Th.e uses were
previously approved under CUP-03-DO?, the su.bject application is only intended
to .make the zonil1g COllsistent with the ap.proved uses~ Additionally, staff finds
tllat the proposed. reZOlle would .not be d.etrilnental to the economic welfare ofth.e
community.
I. Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that tIle proposed. L-O zoning designation of tIle property does not
inherently allow uses that will generate activities, processes, Inaterials,
equipment, and conditions that are detrimental to the gen.eraI welfare of tile
community and are designed around residential compatibility.
J. Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding .public streets;
Staff finds tllat the proposed L-O zoning will not interfere with. general traffic
:patterns on any public streets~ ACHD approved the .preliminary plat in 2002, the
proposal is consistent with the ACHD review for the CUP/PD of Vero.n.a
Subdivision preliminary plat.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
Staff finds that no llatural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use. Staff has not identified any natural or scenic
features on the site~
L. Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed rezone would be in the best interest of the City by
allowing the rezo.ne. Matching the proposed uses to the zoning is beneficial to the
applicant and to the City of Meridian. for consistency .with the sched.ule of use
control~
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EXHIBIT D
V crona Subdivision #3 Rezone
RZ-05-006
Site Specific Comments
SITE SPECIFIC COMMENTS (Rezone)
1. TIle legal description sublnitted. with the application is accurate and tn.eets the
requirelnents of tIle City of Meridian and State Tax COlmnission.
2. All developlnent on said pro.perty shall comply witl1 Meridian City Code.
3. A Certificate of Zoning Compliance (CZC) application shall be su.bmitted for
approval prior to occupancy of the buildings on site.
4. Applicant shall meet all terlTIS of the approved Preliminary Plat (PP-04-044),
Planned Development (CUP-03-007), and Development Agreelnent.
FIRE DEPARTMENT CONDITIONS
1. Acceptance of tIle water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Depart.ment for bacteria
testing.
2. Fi.nal Approval" of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 12" outlet face the main street or parkin.g lot
aisle.
b~ TIle Fire l1ydrant shall not face a street which does not have addresses 011
it
c. Fire l1ydrant Inarkers shall be provided per Public Works spec.
d. Locations with fire hydrants s.hall have the curb painted red 10' to each
side of th.e hydrant locatio.n.
e. Fire Hydrants shall be placed on comers.
f. Fire Hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire Hydrants shall be placed 18" above finish grade.
3 ~ Provide a 20' wide Fire Lane for all internal & external roadways.
4~ For all Fire Lanes, paint th.e curb red and provide signage "No Parking, Fire
Lane" .
5. Operatio.nal fire hydrants and teluporary or permanent street signs are required
before combustible construction begins.
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6~ Commercial and office occupan.cies will require a fire-flow COl1sistent witll tIle
Internatiol1al Fire Code to service the proposed. project. Fire hydrants shall be
placed per ApIJendix D.
7. TIle proposed 6-1ot subdivision will have an unknown transient pOIJulation and. will l1ave
an ul1known nnpact Meridian Fire Deparhnent call volumes. The Meridian. Fire
Department has experiel1ced 2397 responses in 2003. According to a repo.rt completed
by Fire & Elnergency Services Consulting Group in February of 2000 our requ.ests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
8~ Maintain a separation of 5' froIn the .building to tIle dUlnpster enclosure.
9. Provide a Knockbox entry system for the cOlnplex prior to occupancy.
1 O~ The ap.plicant sIlal1 work with. city staff to provide and address identification. :plan
including a pylon/monulnent sign at the required intersections.
11. All processes & storage .practices shall be required to comply with the International
Fire Code~
12~ All portions of the buildings located on this proj ect luust be within 150' of a .paved
surface as measured around. the perimeter of the building.
13. Provide exterior egress lighting as required by the International B.uilding & Fire
Codes.
14. Where a portion of the facility or building hereafter constructed or lTIoved illtO or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site .fire hydrants and :mains shall be provided. where required
by the code officiaL For buildings equipped throughout with an approved automatic
sprinkler system installed in accordan.ce with Section 903~3.1.1 or 903~341.2 the
distance requirelnent shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 In).
b. For buildings equipped throughout WitIl an approved automatic sprinkler
systelTI installed in accordance with Section 903.3.1 ~ 1 or 903..3 .1.2, the
distance requirement sIlall be 600 feet (183 .m).
15~ There shall be a fire hydrant within 100' of all fire department connections.
16. Buildings over 30' in height are required to have 26' wide access roads 111
accordance with Appendix D Section D 1 05.
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C IT'( OF M ERlD IAN. IDAHO
NORTH BLACK CAT PROJECT
F~GURE 1
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250 S.. BeeChwOOd Avenue
suite 201
BOise. rdaho 83709.0944
phon!: 2OfJ~~76~7330
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A ttachmen t · B' .. 1 O~05..02 6
Task D -Pressure Sewer and Trunk Sewer
The project wiLL design pressure sewer and trunk sewers as shown on Figure 1 - Project Overview and
summarized as follows:
North Black Cat Trunk S ize(in ) Len gth (ft)
18ft Trunk - McMillian - Chinden 18 5,300
21 n Trunk McMillian - North Be LS 21 2,300
1St! Trunk - North Be .. Ashford
Greens LS 18 4,000
SUBTOTAL-TRUNKS 11,600
Pressure Sewers Dual 16 5,200
1. Pressure Sewer
A. Pressure Sewer Preliminary Design
1.. Research, Control, and Topographic Survey
a. Research land monuments, plats, records of survey, right...of..way, and easements of record
along the anticipated alignment adjacent to Five Mile Creek (north bank) as generally
shown on the sewer master plan.
b. Establish survey control along the alignment using: horizontal coordinate system, NAD 1983
translated to the Ada County G.I.S. system, and vertical control based on NAVD 1988.
c. Establish temporary construction benchmarks ( T.B.M. 's) at 1000' intervals.
d. Contact utility companies prior to survey via Dig..line to request field locations of utilities
and available utility mapping.
e. Complete topographic survey along the alignment from ROW to ROW where in public streets
and 100' strip of land in field areas along Five Mile Creek from Black Cat Road to the
WWTP. Complete additional cross sections at waterway crossings and street intersections.
Complete a site topographic survey at the WWTP at preferred discharge locations.
f . Supplement survey with field Location of key utilities at the WWTP and along the
alignments.
g. Complete topographic mapping and insert right-af-ways, and easements of record.. Ada
County G.I.S. system will be used to preLiminarily insert property line boundaries.
2. Research existing easement corridors along Five Mile Creek and place parcel property lines
adjacent to the north bank of Five Mile Creek.
3. Determine easements necessary for construction.
4.. Initiate easements acquisition procedure outline in Task G.
5. Develop preliminary alignments alternatives for the pressure sewer profiles..
6. Complete a phasing analysis to determine an effectiv~ alternative for implementing various
pressure sewer alternatives. Parallel pipe configurations wiU be considered. Analysis will
include life cycle cost comparison with considerations given to providing scour veLocities,
residence time, VFD pumping horsepower limitations, pipeline pressure ratings, and
redundancy.
7. Pressure Sewer Discharge Options
City of Meridian - North Black Cat Lift Station & Trunk Sewer
Page - 9
J-U-B ENGINEERS; Inc.
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Attachment 'B' - 10-05.026
a. Meet with City and WWTP operations staff to deveLop routing options and corridors for the
pressure sewer at the WWTP ~ Coordinate with the City and Carollo Engineers to obtain for
routing of pressure sewer at the WWTP to accommodate future WWTP faciLlty footprints,
and significant process piping. It is assumed that the structure where the Black Cat
pressure sewers discharge will be utilized.
b. Review with City staff the sewer Master Plan Model potential routing impacts of other
master pLanned pressure sewers discharging to the WWTP.
c. Screen alternatives with City and select preferred discharge locations.
8. Complete screening of alignment aLternatives with the City and select preferred alignment and
phasing option.
9. Contact permitting agencies to identify permitting issues. Agencies anticipated to be contacted
are ACHD, NMID, and JDWR.
10. Initiate a pipeline transient analysis (static analysis, Uni..Bell "Handbook of PVC Pipe" for initial
and ultimate pipeLine(s), and pumping configurations.
11. Estimate probable construction cost.
B. Pressure Sewer Final Design and Construction Package
1. Complete finaL design of pressure sewer and prepare finaL plan, profile sheets, detail sheets,
and contract documents. The 2005 ISPWC will be used for the contract documents.
2. Complete QA/QC check of construction package.
3. Submit 90% complete pLans and contract documents to the City for review and comment.
4. Complete permitting with ACHD, DEQ, and NMID.
5. Incorporate City and agency review comments and final construction package.
6.. Complete and submit (20) sets of 100% final plans and contract documents to the City.
2. Trunk Sewer Preliminary Desi~n
A. Research, Control, and Topographic Survey and Mapping
1. Research Ada County Surveyor's records for survey monuments to add in establishing horizontal
control and include research of land monuments, plats, records of survey, right~of-ways, and
easements of record along the preferred trunk sewer alignments. Horizontal coordinate system
shall be based on NAD 1983 translated to the Ada County G.I.S. system. Vertical control shall
be based on NA VD 1988.
2. Establish temporary construction benchmarks ( T~B.M. 's) and control points at 1000' intervaLs.
3. Contact utility companies ( gas, power, telephone, storm drain, cable T..V., street lighting,
traffic signaLs, irrigation) and other utilities identified aLong the alignment prior to survey to
request field Locations of utilities and to obtain available utility mapping.
4. Complete topographic survey along the alignments as generally shown on Figure 1. Additional
Limits of topographic survey shall be as follows: 1) Alignments in publ~c ROW will generaLLy be
full ROW width. Intersections shall be cross sectioned 50 feet each side beyond the alignment.
City of Meridian - North B lack Cat Lift Station & Trunk Sewer
page - 10
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Attachment 'B' - 10~05-026
5.. Complete topographic mapping in AutoCAD 2000. The anticipated scale of the pLan and profile
drawings will be 1 "=20' and 1 "=5' vertical scale. Topographic features shall be depicted using
standard symbols. Topographic features shall be shown on the construction plans to the extent
that they are found or field located by the utility companies, such as fences, utility poles,
surfacing, utilities, top of bank and waterway flowlines, and include monuments of record and
physical survey of monuments and property pins that are found. Property lines will be shown
based on Ada County G.LS. mapping. Where easements are to be secured, property lines shall
be determined using research and field search of land monuments methods as previously
described above ~
B. Basic Design of Trunk Sewer(60%)
1 ~ Complete preliminary design of the preferred trunk sewer alignments with considerations on
constructability, surface disturbance, impact to drains, sanitary separations, dewatering,
impacts to public traffic access, utility conflicts, construction access, serviceability checks,
excavation depths, easement issues, and other pertinent design issues. Provisions to determine
locate manholes, and stub-outs will be made where available development plans exist as
specifically requested by the City. For parcels without deveLopment plans, considerations for
manholes and block-out locations will be made with City direction.
2. Design details for the trunk sewer. Prepare traffic control plans for the work in the ACHD
ROW.
3.. Design half-lane width roadway repair of Black Cat Road where impacted from trunk sewers~
Repair shall be Limited to existing pavement widths and construction access within existing
ROW's. Design shall not incLude considerations with roadway drainage, ultimate road width or
alignment.
4. Perform design drafting in AutoCAD 2005 of the construction plans which will include project
title blocks, City standard notes, vicinity maps, sheet indexes, north arrows, bar scaLes,
topography, pipe size, type, slope, invert elevations, ground surface elevations, surface repair,
boring details, property Lines, easements, found monuments and property corners, Land
ownerships, survey control, pay Limits, special details necessary for a biddable product..
Drafting shall be compLeted on 22"x34" myLars, ANSI standard size 4'D" sheets. To the extent
practicable, the 2002 City of Meridian Standard Specifications and Drawings for Construction
will be utilized in the design.
c. Final Design and Construction Plans
1. Prepare 90% complete construction plans and contract documents.. It 15 anticipated that
one(1) construction packages will be prepared for the North Black Cat Trunk Sewer..
2. Prepare technical specifications in accordance with the 2005 Edition of the Idaho Standard
Public Works Construction (ISPWC) format, and City Standard Specifications and Drawings~
J..U-B shall be responsible for preparing special provisions necessary for the project. Contact
Documents will be prepared using ISPWC"standard front-end documents and City revisions.
Contract documents shall be completed on a word processing system compatible wlth Microsoft
Word, Windows 2000.
3. Submit four (4) sets to the City for review~
4. Provide estimate of probabLe construction cost.
5. Meet with City and incorporate review comments.
City of Meridian - North Black Cat Lift Station & Trunk Sewer
Page - 11
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Attachment 'B' - 10-05..026
6.. Prepare 90% complete construction plans and contract document for City review and for agency
review and approvals. Provide an estimate of probable construction cost~ Meet with City and
incorporate revi~w comments.
7. Incorporate appropriate revisions as suggested by the City and reviewing agencies in the final
set of plans and contract documents.
8~ Provide 20 copies of the 100% final construction package to the City.
9. Develop and issue to the City a final opinion of probable construction cost~
D. Constructability Review and QA/QC Review
1.. Complete in-house constructability review and QA/QC review of the 90% complete construction
plans and contract documents. Incorporate appropriate suggestions into project design~
Task E - Trunk Sewer Additional Services
1. Waterway Crossin~s
A. Five Mile Creek Crossings
1.. Design and prepare details for the open trench crossing of the Five Mile Creek Crossing in
accordance with USCOE 404 permitting requirements. Note that the USCOE/IDWR 404
permitting work is provided under a separate Task F - Agency Coordination and Permitting.
2~ Prepare detaiLs and technical specifications for work within the jurisdictionat limits.
B. Nine Mile lateral Boring .
1. A conventional horizontaL boring will be designed to construct the trunk sewer under the Nine
Mile LateraL structure located near the intersection of Ustick and Black Cat Roads.
2~ Prepare plan, profile, and details necessary for construction of the boring.
City of Meridian -- Nortl, Black Cat Lift Station & Trv.nk Selver
Page - 12
J-U.B ENGINEERS, Inc.
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Attachment fB' - 10..05-026
Task F - ARency Coordination and Permittin~
1. Agency Coordination and Permittin'!
A. Preliminary Agency Coordination
Coordinate alignments with the City and ACHD to establish acceptable corridors. This 1S
anticipated to include: 1) Determining if road or structure improvements are anticipated in the
foreseeable planning period; 2) Obtaining pertinent design requirements and material
specifications for proposed improvements; 3) Obtaining record drawings of improvements in the
project vicinity; 4) Identifying approval time required to complete the permitting process;
5) Determining acceptable access points on ACHD right-of..way, 6) Completing the necessary utility
permit application with ITD, if the proposed improvements are constructed within ITD rights-of-
ways.
B. Drainage/Irrigation District Coordination and Permitting
1. Permitting with affected irrigation and drainage districts will vary based on the final alignment
of the project. J..U-B will meet with irrigation company representatives in the field to review
construction related issues and determine design constraints"
2. For the purpose of estimating this Scope of Service, it is assumed that two license agreements
will be required for each trunk ( Nine Mile Creek, Five Mile Creek). One (1) License agreement
is assumed on the pressure sewer along Nine Mile Creek" Prepare the necessary license
agreement applications, Legal descriptions and exhibits.
c. USCOE 404 Coordination and Permitting
1. This task encompass the design and permitting of open trench/bored crossings of drains, and
irrigation laterals that may be under the jurisdiction of the U.S. Army Corps of
Engineers(USCOE} requiring 404 permitting.. For the purpose of estimating fees in the Scope of
Services, preparation of (1) Nationwide 12, 404 permit is assumed to complete the crossings"
2. Complete a fieLd visit and with representatives from the USCOE to review project scope and
waterways" The fieLd meeting wilt determine if a joint 404 permitting is required. Coordinate
with the U.S" Army Corps of Engineers for crossing requirements and construction methods for
preparation of a Nationwide 12, 404 permit for utility crossing or stream alterations. A
wetland inventory study may be required at the crossings to define sensitive wetLand areas and
restoration requirements and will require an addendum to this Scope of Services.
310 Supplemental topographic survey will be performed at the crossing site develop a
representative channel cross section.
4. A crossing plan, details, and specifications will be developed and 404 permit application
submitted to the Corps of Engineers.
5. A Legal description, exhibit, and easement document will be prepared and submitted to the
Idaho Department of Lands(IDL) for processing (if required).
6. Final design and construction documents will include permit provisions and wetland mitigation
requ i remen ts..
D. IDEQ Submittal Packages
1" J-U-B shall coordinate, prepare, and submit final construction pLans, specifications, and
checklists for approval to the Idaho Department of Environmental (IDEQ). For the purpose of
these Scope of Services, it is assumed that four (3) submittal packages ( pressure sewer, lift
station, trunk seY'Ver) wilL be required.
2. Incorporate applicable IDEQ review comments into the construction plans and specifications.
City of Meridian - North Black Cat Lift Station & Trunk Sewer
Page - 13
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A ttachmen t ~ B' - 10-05..026
Task G - Easements, Public Involvement and Private Development Coordination
1. Easement Acquisition
The easement acquisition policy developed in the Black Cat Project will be implemented with
appropriate procedural and/or policy changes as directed by the City.
A. Easement Identification and Preliminary Exhibits
1.. Reconfirm easements required from preliminary engineering task.
2.. Prepare preliminary easement maps using available COMPASS aeriaL mapping, Ada County G"LS.
base mapping, and preliminary alignments. These preliminary easement maps will be used for
initial property owner contact.
3. Research Ada County G..I.S. data base to determine parcel tax identification number, and
assessed value.
B. Title Reports, Appraisals, and Easement Legal Descriptions
1. Initiate title reports for properties along the alignment corridors and lift station sites. For the
purpose of estimating fees, (6) parcels are assumed to be researched, at a cost of $200 per
title report.
2. Employ a land appraiser, Idaho Land and Appraisal Company, or other appraiser acceptable to
the City to complete necessary appraisals of the easements and lift station property.
Appraisals will not be completed until preliminary alignment has been completed on the
pressure sewer and a target lift station site has been identified. Copies of the appraisals will
be made for the City and subject landowners. For the purpose of estimating fees, four(4)
appraisals w.ilL be assumed..
3~ Prepare legal descriptions and exhibit drawings necessary to secure easements.. For the
purpose of estimating fees, preparation of four(4) legaL descriptions are assumed.
c. Landowner Meetings and Negotiations
1. Initial Landowner Interviews: Meet with each affected property owner to review the
preliminary alignment maps, discuss easement acquisition process, confirm specific issues and
concerns, request access to survey. For the purpose of estimating fees, (6) landowners are
assumed. There will be two initial meetings with each landowner.. Interview notes will be
prepared documenting each interview meeting.
2. Informational Summaries: Summary memorandums will be complied during the easement
acquisition process listing landowner concerns, issues, and other informational highlights. It is
assumed that over of the course of the project, two(2) summary memorandums will be
prepared.
3. Easement Negotiations: Negotiate easement provisions as outline in the easement acquisition
policy established for the Black Cat project and as amended by the City. For the purpose of
estimating fees, it is assumed that 4 landowners will be contacted, and each requiring two (2)
meetings.
4. Prepare easement documents and worksheets. Note that legal descriptions are provided under
TaskG..1.B.
City of Meridian - North Black Cat Lift Station & Trunk Sewer
Page - 14
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A ttochmen t ' B' - 10-05..026
2. Lift Station Site Selection
A. Develop Target Lift Station Sites
1. Using Ada County GIS base mapping, research land ownerships in the vicinity of the master
pLanned lift station Location. Meet with the city and identify target sites.
2. Meet with landowners and prepare a summary of landowner issues and site issues.
3.. Meet with the City and screen sites.
B. Site Acquisition, Easements, and Legal Descriptions
1. Initiate the easement acquisition policy as defined in this Task.
z. Prepare legal description of lift station site.
3 . Prepare site boundary survey and record of survey.
c. Conditional Use Permit
1. Conditional use permitting assistance (if required) will require an addendum to this
agreement. For the purpose of estimating fees, costs for exhibits and titLe reports are
estimated in Exhibit A..1.
3. Private Development Coordination
A. Coordination, Survey, and Design Modifications
1. Meet with private developers in the project, as specificaLLy requested by the City, for the
purpose of coordinating trunk sewer designs with private deveLopment plans.
2. Complete additional survey work, only when specificalLy requested by City to incorporate
private development plans.. This survey work shall be in addition to the work outlined in Task
Z..A. and may include additional topographic survey, horizontal, and vertical controL
3. Incorporate trunk design modifications, as specifically requested by the City to incorporate
private development.
4. Public Involvement
A. Informational Meetings
1. Organize and conduct open house style meetings during the duration of the project to generate
public and neighborhood input.. Prepare meeting agenda, visual aids, hand...outs, and project
informational exhibits as needed.. Two (2) informational meetings are anticipated during the
preliminary and final design phase with an additional two meetings prior to construction. Four
(4) total public meetings are assumed..
2. Coordinate with ITD and ACHD to incorporate these agencies into the lnformational meetings.
This will allow the public to be updated on issues associated with Ten Mile Road Interchange,
and traffic control issues for construction on Local roads.
City of Meridian - North Black Cal Lift Station & Trunk Sewer
Page.. 15
J-U-B ENGINEERS, Inc.
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A ttachmen t f C ~ - 10-05-026
1r ...
CITY OF MERIDIAN
NORTH BLACK CAT TRUNK SEWER AND LIFT STATION
ATTACHMENT "(".. ITEMS PROVIDED BY THE CITY
1. Provide on-going review of J..U..B's work and timely considerations of policy issues with in a
time acceptable to the City and J..U-B..
2.. Provide all informational mailings, flyers, and public meeting notices as required for the
public informational work.
3. Provide and arrange all meeting facUities for public meetings.
4. Provide legal council as required for consultation and legal opinions of project issues on an
as needed basis.
5.. Easements and Property Acquisitions:
a. Authorization to acquire and pay for all costs associated with the acquisition of
easements or reaL property..
b. Process payments on negotiated parcels..
c.. City liaison person to assist with acquisition and resolution of disputes.
d. Boilerplate sale and purchase agreement, and other pertinent documents used for
acquisition.
e. Easement boilerplate
f . Review easement offer packages
611 Copies of development plans, concept plans, preliminary plats, etc. as available in the
project area..
7. Copies of existing license agreements in project area.
811 Pay for all permits, fees, or other payment required to secure permitting for the design
and construction of the proposed improvements~
9. Record drawings of City facilities and other relevant City information of record in project
a rea.
1 0.. Provide WWTP personneL to locate utilities and facilities along the proposed pressure
sewer alignment at the WWTP. Provide WWTP facility planning and preliminary facility
designs that may effect the routing of the pressure sewer..
11. Provide a private development liaison/contact person.
12. Provide City personnel and equipment to field locate existing city facilities and other
utilities that may represent a conflict to the proposed improvements. This may entail
exploratory excavations to determine exact Locations and depths of critical utilities prior
to design.
13. Assist J..U..B with pubLic facilitation meeting.
City of Meridian - Black Cat Lift StatiOll & Trollk Sewer
Page... 1
J-U-B ENGINEERS, Inc.
A ttachmen t ' D' - 10..05..026
CITY OF MERIDIAN
NORTH BLACK CAT TRUNK SEWER AND LIFT STATION
ATTACHMENT "D" - FEE SCHEDULE
BaS1S of Fee and BHline Schedule
The City shall pay J-U-B for its services and reimbursable expenses as follows. A detailed
labor and equipment is presented in Exhibit uA..1":
Task A - Project Administration
· Task A and B. - Project Meetings and Administration
Time and material basis with an estimated budget of ......".........." n.. n. n................... $4,326
Task B - Lift Station Preliminary and Final Design
· Tasks B.1..6.3 - Lift Station PreLiminary and Final Design
Lump sum price of ......,,..................................................404o.,,.................... ................ . $127,659
Task C - Lift Station Subconsultants and Additional Services
· Tasks (.1 - Subconsultants
L u m p 5 U m p ri c e of ....... It . .. . . .. ... . . .. . .. . . .. .. . . . . . . .. . . . . . . . . . .. 01 . . . . . .. . . . .. . . . . . .. .. .. . " . . . . . . . . . . .. .. 01 . .. . . . . ... $ 7 5, 1 51
· Task C.2 - Additional Services
Time and material basis with an estimated budget of ......................... n.. u..... . .. 1'...... S 12, 525
Task D - Pressure Sewer & Trunk Sewer Design
· Tasks D.1 - Pressure Sewer
Lump sum price of . . .. . . .. . . II ... . . . . . . . .. . . . . . .. 01 .. . . III .. . . . ... .. .. .. . " .. . .. .. .. . . . . . III . . . . . . .. . . . .. . . . . . . . .. . .. . . . . ". $43, 033
· Task D..2 - Trunk Sewer
L u m p sum p ri c e.. . .. · It . .... . .. . .. .. .. . . . . .. . . . .. . . . . . . .. .. .. . .. . . . .. . . . .. . . . .. .. . . . . . . . . .. . . .. . .. " . . .. .. . . . . . .. . . . . . . . .. S 1 0 8 1 80 5
Task E - Trunk Sewer Additional Services
. Tasks E.1 - Waterway Crossings Final Design
TirTIe and material basis with an estimated budget of........"""".................. ...... ..... ..... ....... $7, 933
Task F - Agency Coordination and Permitting
· Tasks F.1 - Agency Permitting
Time and material basis with an estimated budget of........................................... $18,728
Task G ... Easements, Public Involvement, and Private Development Coordination
· Task G.1 - Easement Acquisition
Time and material basis with an estimated budget of ........""..........."........... n..... u............ $24, 196
· Task G" 2 - Lift Station Site Selection
Time and material basis with an estimated budget of .......... to... .............. ......... ....... $5, 911
. Task G.3 - Private Development Coordination
Time and material basis with an estimated budget of . Ill............................................. $10,019
· Task G.4 - Public Involvement
Time and material basis with an estimated budget of ........"......".............................$8,648
City of Meridian - North Black Cat Lift Station & Trunk Sewer
Page ~ I
{"
Contract Est
0/0 FE EI
Survey/Map Prelim w Design Final Design/Draft T olal CONST. Con s tru c ti 0 n
- Le ng th Cost
TASK D -BASIC DESIGNS OF PIPELINES
r-- Pressure Sewer $46B~OOO ass u m es $90/1t
5.200 $13~511 $8J350 $21 , 172 $43}O33 9.2%
Fee/FT $2r60 $1.61 $4.07 $8.28
r--
B lack Cat Tru n k
TOTALS 11 ,600 $38t790 $701016 $10BtB05 5t4% $2,030JOOO assumes $1751f(
Fee/FT $3~34 $0400 $6.04 $9438
TOTAL BASIC PIPELINE SURVEY, DESIGN, CONSTflUCTION DOC'S $151,838 6~1% $21498~OOO
PROJECT ADMINSTRATION - Task A $4)326
I
ADDITIONAL SERVICES ( T&M)
Waterway Crossings - Task E $7,933
Agency Coordination and Permitting - Task F $1 8,728
Easements - Task G.1 $24,196
Lift Station Site Selection - Task G4I2 $5,911
Private Development Coordination .t Task G~3 $10,019
Public Involvement.. Task G.4 $Bt648
TOTAL ADDITIONAL SERVICES $75,434
LIFT STATION ~ Task B $1 t5001000
8.1 Con cepl Layouts $8, 155
B~2 Lift Station Preliminary Design(30%) $21 ~930
8..3 Lift Station Final Design $97,574
SUBTOTAL TASK 8 $127,659 8.50/0
LIFT STATION - Task C
Subconsultants & Addition al Services
Ca1 Subconsulta nls (LS) $75, 151
C4I2 Additioinal Services(T&M)( Noise and Odor) $12J525
SUBTOT AL TASK C $87,675 5.80/0
TOTAL LIFT STATION TASK B & C $215)334 I 140/0
ok FEEt
TOTAL PROJECT FEE SUMMARY FEE CONST.
TOTAL PROJECT $446t933 11.2% $3,998,000
TOTAL PROJECT - W/O ADDITIONAL SERVICES $358,974 9.0%
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 4.63 Acres from RUT (Ada
County) to L-Q (Limited Office District) AND PreIimi.nary Plat Approval of Eight (8)
Buildable Office Lots and Three (3) Common/Other Lots AND Conditional Use Permit
Approval for a Planned Development for a Professional Office Complex with a Request for
Reduced Building Setbacks and Reduced Lot Frontages for Wyndstone Place Subdivision,
by Quasar Development, LLC.
Case No(s): AZ-05-010, PP-05-012, CUP-05-014
For the City Council Hearing Date of: May 17,2005
A. Findings of Fact
1. Hearing Facts
a~ A notice of a public hearing was published for two (2) consecutive weeks prior to
tIle City Council public hearing, the first publication appearing and written notice
mailed to .property owners or purchasers of record. within tltree hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon tIle property under consideration. more than D.ne week
before said hearing~ All other noticing was done consistent with Idaho Code ~67-
6509 .
The matter was duly considered. .by the City Council at the May 17, 2005, public
hearing(s). The applicant, affected property owners, and. government subdivisio.us
providing services within the .planningjurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimo.ny) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council..
d~ The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FlNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-OS-O 10/ PP-OS-012 / CUP-OS-O 14- PAGE 1 Of 5
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3. Application and Property Facts
a. In addition to tIle application and property facts noted in the staff report and the
Planning & Zoning Recormnendation for tIle subject application(s), it is hereby
verified that the property owner( s) of record at the tillle of issuance of these
findings is B & F Enterprises.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits G, H, and I for the findings required for tllese applications.
B. Conclusions of Law
1. The City of Meridian s.hall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereot: The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable .by the City Council pursuant to Meridian City Code
g 11-17-9.
4. Due consideration has been given to the comment(s) received from the govermnental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditio.us of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhihit A, the Preliminary Plat
dated February 8,2005 as shown in Exhibit B, the Site Plan dated January 27,2005 as
shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the
CUP /PD Site Specific and Standard Conditions as shown in Exhibit F. The conditions
are concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval of the application.
c. Decision and Order
CITY OF M.ERIDIAN FINDfNGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO(S). AZ-OS-OIO / PP-OS-OI2 J CUP-OS-014- PAGE 2 Df5
(:...... .
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Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 alld
based upon the above al1d foregoing Findings of Fact which are herein adopted, it is hereby
ordered tllat:
1 ~ TIle applicant's Preliluinary Plat as evidenced by having submitted tIle Preliminary
Plat dated February 8, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated
January 27, 2005 is hereby conditionally approved; and,
3~ The Site Specific and Standard Conditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Lilnits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eigllteen (18) months unless otherwise approved by the council. During this time,
the permit .holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures o.n or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction~ The applicant has specified in the
application and to the cOlnmission and council a construction schedule and completion
date for the project If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time exte.nsion shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period~ For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year fro.m the original
date of approval by the council. If the successive phases are not submitted within. one
year intervals, the conditional approval of the future .phases shall be .null and void.
(MCC 11-17-4.B~)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities~ (MCC 12-2-4~B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 tllan twenty-eigllt (28) days after the final decision
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND n.ECIS.lON & ORDER
CASE NO(S). AZ~05-010 / PP-OS-012 / CUP-OS-OI4- PAGE 3 of5
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concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
Legal Description
Approved Preliminary Plat (with conditions)
Approved Site Plan (with conditions)
Annexation and Zoning Comments
Preliminary Plat Site Specific and Standard Conditions
CUP/PD Site Specific and Standard Conditions
Zoning Amendment Findings
Preliminary Plat Findings
CUP/PD Findings
By action of the City Council at its regular meeting held on the
2005~
F~ Exhibits
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
. -th
day of
COUNCIL rvIEIvtBER SHAUN WARDLE
VOTED ·
COUNCIL IvIEIvtBER CHRISTINE DONNELL
VOTED
~
COUNCIL IvIEIvtBER CHARLIE ROUNTREE
VOTED
COUNCIL 1vfEivlBER KEITH BIRD
VOTED
...
MAYOR TAl\1MY de WEERD
(TIE BREAKER)
VOTED -----
CITY OF :MERIDIAN FINDrnGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S)w AZ-OS-O 1 0 I PP-O 5~12 I CUP-05...o 14- PAGE 4 Of 5
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't:~
Attest:
and Ci ty Attorney.
,.
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By: ~
City Clerk's Office
Dated: 5-d5~05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-OS-O 1 0 / PP-OS-O 12 / CUP-OS-O 14- .PAGE 5 Of 5
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EXHIBIT B
Wyndstone Place Subdivision
PP-05-012
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Bus~ ness Park
Meridian~ rdaho
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EXHIBIT A
Wyndstone Place Subdivision
AZ-05-010
Legal Description
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04/.21/05 ,. 08 = 38 ".AX .g.9Sg119
Annexation legal Description
Wyndstone Place
A parcel tocated in the SE ~ of Section 17~ Township 3 North!! Range 1 East~ Borse
Meridianc Ada County, Idahor and being part of lot 19 of Amended Magic View
Subdivision as shown in Book 52 of Plats at Page 4445 in the office of the Recorder t
Ada Countyt ldahoc more particularly described as foftows:
BEGINNING at a 518 inch diameter iron pin marking the northwest Corner of safd lot 19.
fTom whfch a Brass Cap monument marking the northwest comer of said SE ~ (Center
%) bears N O~Q311.31f W a distance of 795.53 feet;
T hence along the northerly boundary of said Lot 19 the foUowing described courses;
Thence S 8Sft41l2.6D E a distance of 203.16 feet to a 5/8 inch diameter iron pin;
Thence N 0"18'34:1 E a disfance of 25.00 feet to a 5/8 inch diameter iron pin~
Thence S 89041.26" E a distance of 428.35 feet to a SIB inch diameter iron pin
marking the northeast corner of said Lot 19;
Thence continuing S 89041126D E a distance of 25~39 feet to a point:
Thence S 9(1. 4 8~02D E along a fine 25~OO feet east of and paranel to the easterly
boundary of said Lot 19 a distance of 179.93 feet to a parot on tho northerly nghl-of.....way
of Interstate 84 Ramp DA as shown on the plans of Inierstate 84 Project No. IR-B4-
1(12)45 on fife in the office of the Idaho Transportation Department. District 3. Division
of Highways:
Thence along said northerly righl-Of...way the fOUowlng described courses;
Thence a distance of 25.61 feet along the arc of a 3729..72 foot radius non~
tangent curve righti said curve having a central angle of 00.23140'. and a long
chord bearing S. 67DQ4r36" W a distance of 25.67 feet to a 5/8 inch diameter iran
pin on the easterly boundary of said Loi 19;
Thence leaving said easterly boundary S 68046'3911 W a distance of 600.71 feet
to a brass cap monument;
Thence S 71Q47t10lJW a distance of 13T03 feel to a brass cap monument;
Thence S 75025145Jt W a distance of 94..17 feet to a 112 inch diameter iron pin
marking the southwest comer of said Lot 19;
(.....
01/21/05 08;~S ~~\ ~S891JO
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Thence leaving said northerly right-of-way N, 0003113.1 W along the westeny boundary of
said Lot 19 a dislance of 41.0.28 feet to the POINT OF BEGINNfNG.
This parcel contains 4.74 acres and is s.ubject to. any easements existing Of in use.
crinton W~ Hansen, PLS
land Solutions, PC
April 20 r 2005
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EXHIBIT C
Wyndstone Place Subdivision
CUP-05-014
Approved Site Plan
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Wyndstone Place
Business Park
Meridian. Idaho
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EXHIBIT D
Wyndstone Place Subdivision
AZ-OS-OIO
Annexation and Zoning Comments
ANEXATION & ZONING COMMENTS
1. TIle legal description (dated 4-20-05, stamped by Clinton W. Hansen) shows tIle
property as contiguous to the existing corporate boundary of the City of Meridian.
(:
EXHIBIT E
Wyndstone Place Subdivision
PP-05-012
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The preliminary plat prepared by EricksOll-Civil, Incorporated, labeled slleet pp_
1, dated 2-8-05, is approved, with the conditions listed herein. All conditions of
tIle accompanying Annexation/Zoning (AZ-05-01 0) and Conditional Use Permit
(CUP-05-014) application shall also be considered conditions of the Preliminary
Plat (PP-05-012)~
2. The submitted landscape plan prepared by Jensen Belts Associates, dated 2-14-05
is approved with the following notes/modifications.
· Depict a 35-foot wide landscape buffer along the on-ramp to 1-84. The width
of said landscape buffer shall be allowed to include approximately 8.5-feet by
SSG-feet of ITD right-of-way, as requested" In exchange for counting part of
ITD's right-of-way in the buffer width, construct a total of 57 new trees within
the buffer. With the submittal of the final plat, submit a co.py of a right-of-way
encroachment/license agreement with ITD for planting grass and Inaintaining
the portion of the landscape buffer that lies within the right-of-way.
· Depict a IO-foot wide landscape buffer outside of the right-of.-way required by
ACHD for Wells Street and Wells Drive. The width of said landscape .buffer
shall not include the width of the required sidewalks for Wells Street and
Wells Drive or other impervious surfaces such as parking areas. In accordance
with MCC 12-13-10-6, install at least one tree in the buffer for every 35-feet
of frontage on the abutting right-of-way.
· .Depict a 20- foot wide buffer along the west and north property lines that abut
single-family residences, as .proposed. Said buffer to the north shall contain
materials in accordance with MCC 12-13-12-3 and not include impervious
surfaces such as parking areas. Due to the existing sewer easement to the
west, the buffer along the west property line shall not interfere with access to
the sewer line and shall remain free of large trees and only contain shrubs,
flowers, and other ground cover approved by the Meridian Planning & Public
Warks Departments.
· Any existing trees larger than 4" caliper that are removed shall be mitigated
for, per the Landscape Ordinance (MCC 12-13-13)" The applicant shall work
with the City Arborist, Elroy Huff, on im.plementing a mitigation plan. If any
trees are deemed to be a .hazard, diseased or dying by the City Arborist, prior
.. to removal, mitigatio.n will not be required for those trees.
The proceeding modifications/notes should be shown on a revised landscape plan
submitted with the final plat application.
3. Prior to signature of the final plat by the City El1gil1eer, relTIOVe all structures on
this site, as proposed.
4. Plior to signature of the final plat by the City Engineer, a copy of a cross
parking/cross access agreement for all of the new lots within the subdivision to
utilize the driveways aIld parking areas shall be provided. Maintenance of the
drive aisles and parking areas shall be provided for in a .note on the face of the
final plat, AND/OR in a document such as CCR's.
5. The ap.plicant has not indicated who will own and operate th.e pressurized
irrigation systeln within this development Underground year-round pressurized
irrigation must be provided to all lots within this development The City of
Meridian requires that pressurized inigation systems be supplied by a year-round
source of water. If the pressurized irrigation system within this developmellt is to
remain a private association system, complete plans and specifications shall be
reviewed by the Public Works Department as part of the development plan review
process~ A draft copy of the pressurized inigation system O&M manual shall be
submitted prior to plan ~pprovaL The applicant shall be required to utilize any
existing surface or well water for the primary source. If a surface or well source
is not available, a single-point connection to the culinary water system shall be
required~ If a single-point connection is utilized, the developer shall be
responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13~ Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the
Public Works Department~ If lateral users association approval can't be obtained,
plans will be reviewed and approved by the Meridian City Engineer prior to final
plat sigtlature.
7. Construct a 6-foot tall solid. vinyl fence along the west and north pro.perty lines
(adjacent to the existing residences), as proposed. A detailed fellcing plan shall be
sub.mitted upon application of the final plat If permanent fencing is not provided
around the entire perimeter, temporary construction fencing to contain debris
must be installed around the perimeter prior to issuance of building permits. All
fences shall taper down to 3-feet maXimUlTI within 20 feet of all right-of-way. All
fencing shall be installed in accordance with MCC 12-4-10.
8. Maintenance of all common areas, including but not limited to: drive aisles,
parking areas, landscaping, etc., shall be the responsibility of the Wyndstone
Business Owners' Association.
9. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall b.e submitted to the City Engineer (Ord. 557, 10-1-91) for all
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off-street parlcillg areas. StOlID water treatment and disposal must be designed in
accordance with Department of EnviromnentaI Quality 1997 publication Catalog
ofStonn Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies~ Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving strealTI
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications witll the Idallo Department of
Water Resources regarding Shallow Injection Wells.
10. Sewer and water service shall .be via luain line extension from the existing mains
adjacent to the subject site~ The subdivision designer to coordinate main sizing
and routing with the Public Works Department The applicant shall execute City
of Meridian standard forms of easements, for any mains that are required to
provide service.
11. Applicant shall design a gravity irrigation delivery system sufficient to satisfy all
adjacent properties.
129 Applicant agrees to reinstall the fencing removed at the end of Wells Circle. This
is not a conditio.n set forth by the city, but it's agreed to by the applicant
GENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of the site shall be performed in conformance with MCC 11-12-3H~
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8~
3 ~ A letter of credit or cash surety in the amount of 11 0% will be required for all
fencing, landscaping, .pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat
4. A detailed landscape and fencing plan, in compliance with the landscape and
subdivision ordinance and as noted in this report, shall be submitted for the
subdivision with the final plat application.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by tIle Public Works Department All
streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and permit from the Public Warks
Department prior commencing installations.
7~ Any tree over 4" in caliper that is relTIoved from the property s11all be replaced by
installing additional trees, beil1g the equivalent number of caliper inches of trees
that were removed. Required landscapillg trees will not be considered as
replacement trees for those trees that have to be mitigated.
8. Submit any up-dated groundwater/soils Inonitoring data, as collected al1d
analyzed by a soils scientist, to tIle Public Works Department for review~ Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
storms up to and including a IOO-year storm events. Side slopes within drainage
areas shall not exceed 3 = 1 ~ An.y portion of a drainage area not improved with
sod/grass seed (or other approved landscaping) shall .not count towards the
required open space area. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established .normal groundwater elevation~ This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater~
9. TIle applicant shall coordinate mailbox locations with the Meridian Post Office~
1 O~ Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8~ Wells may be used for non-dOlnestic purposes such as landscape irrigation~
11. Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fi II materi aI ~
12~ Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation~
13. All develo.pment features shall comply with the Americans with Disabilities Act
and the F air Housing Act
14. The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
15. Applicant shall he responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Enginee.rs~
16. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency~
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17. Staff's failure to cite specific ordil1ance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
18. Preliminary plat approval shall be subject to the expiration provisions set fortIl in
MCC 12-2-4~
OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2~ Standard Plan for Protection of Existing Trees during Construction: The standard
established in tIle City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
SANITARY SERVICES COMPANY
1. Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal prior to the public hearing. There is a concern that the required
modifications may significantly impact your site design and may require a revised
site plan. If the site plan is revised, contact the planner assigned to the project
ilumediately to discuss the changes and how to proceed with the revised site plan.
2~ Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
M.ERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality .by the Meridian Water Department for bacteria
testing.
2~ Final Approval of the fire hydrant locations s.hall be by tIle Meridian Fire
Department.
a~ Fire Hydrants shall have the 4 12" outlet face the main street or parking lot
ais 1 e ~
b. The Fire hydrant shall not face a street which does not have addresses on
it
c~ Fire hydrant markers shall be provided per Public Works spec.
- d. Locations with fire hydrants shall have the curb painted red 1 0' to each
side of the hydrant location.
e~ Fire Hydrants shall be placed on comers when spacing permits.
f Fire hydrants shall not have any vertical obstructions to outlets within 1 0'.
g~ Fire hydran~s shall be place 18" above finish grade~
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h. Fire hydrants shall be provided to Ineet the requirel11ents of the IFC
Section 509.5.
3 · All entrance and intenlal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. All driveways shall be straight or have a turning radius of 28' inside and 48'
outside and shall have a clear driving surface which is 20' wide.
5. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes
luature landscaping.
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before cOlnbustible construction is brougllt on
si te.
7 · The roadways shall be built to Ada County Highway Standards cross section
requirements and shall have a clear driving surface, available at all times, which is
20' wide. Streets with less than a 29' street width shall have no parking~ Streets
with less than 33' shall have parking only on one side. These measurements shall
be based on the face of curb dimension.
8. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire l1ydrants shall be
placed per Appendix D.
9. The 8 office/commercial lots lot will have an unknown transient .population and will
have an unknown impact on Meridian Fire Depm.iment call volumes. The Meridian
Fire Department has experienced 2397 responses in the year 2003. According to a
report co.mpleted by Fire & Emergency Services Consulting Group our requests for
service are .projected to reach 2800 in the year 2005 and 3800 by the year 201 O~
1 o~ Maintain a separation of 5' from the building to any dumpster enclosure.
11. Provide a Knoxbox entry system for the complex prior to occupancy.
12. The first digit of the Office Suite shall correspond to the floor level.
13. The applicant shall work with city staff to provide an address identification plan
including a pylon/monument sign at the required intersection(s).
14. All- asp ects 0 f the building systems (inel uding exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
15. Provide exterior egress lighting as required by the International Building & Fire
Codes.
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16. Where a portion of the facility or building l1ereafter COl1structed or lTIoved into or
within the jurisdiction is more tllan 400 feet (122 In) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings eq.uipped throughout with an approved autolnatic
sprinkler systelTI installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a~ For Group R-3 and Group U occupancies, the distance requirelnent shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved autoluatic sprinkler
system installed in accordance with Section 903.3" 1.1 or 903.341.2, the
distance requirement shall be 600 feet (183 m).
17~ There shall be a fire hydrant within 100' of all fire department connections~
18. Buildings over 30' in height are required to have access roads in accordance with
Appe.ndix D Section DIGS.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
1. Payment of an overlay fee and the standard impact fee will be determined by
ACHD Development Services and will be due prior to obtaining a building permit
or occupancy~
2~ On Wells Street the applicant will be required to do one of tIle following:
a~ Dedicate by donation an additional 2-feet of right-of-way on Wells Street
abutting the parcel by means of recordation of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs
first Allow up to 30 business days to process the right-of-way dedication
after receipt of all requested material.
b. Do not dedicate additional right-of-way, but construct a 5-foot wide concrete
sidewalk adjacent to the curb along Wells Street, and provide the District with
an easement for any portion of the sidewalk located outside of the right-of-
way.
3. On Wells Circle the applicant will be required to do one of the following:
a. ~edicate by donation an additional 2-feet of right-of-way on Wells Circle
abutting the parcel by means of recordation of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs
first Allow up to 30 business days to process the right-of-way dedication
after receipt of all requested materiaL
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b. Do not dedicate additional right-of-way, but construct a 5-foot wide COllcrete
sidewalk adjacent to the curb along Wells Circle, and provide the District witl1
an easelnent for any portion of the sidewalk located outside of the right-of-
way.
44 Construct Wells Street as one 11alf of a 40-foot street section with vertical curb,
gutter and 5-foot attached concrete sidewalk with parking prohibited on both
sides.
5. Construct Wells Circle as one half of a 40-foot street section with vertical curb,
gutter and 5- foot attached concrete sidewalk with parking prohibited on both
sides.
6. Construct the cul-de-sac on Wells Circle to provide a mil1imum turning radius of
45-feet The cul-de-sac will need to be paved it's full width and length witll a 1-
foot gravel slloulder and borrow ditch.
7. Construct one curb return type driveway 25-feet wide, located approximately 360-
feet west of the east property line 011 Wells Circle as proposed4 The applicant has
the option to move the proposed driveway on Wells Circle approximately 175-
feet to the east Tllis new driveway location would meet district .policy and would
be approved by ACHD.
8. Construct one curb return type driveway on Wells Street with a center island that
is a minimum of 4-feet in width and has a total of 100 sq ft. The driving lanes
should be no wider than 20-feet on either side of the center island.
9. Pave the driveway its full width and at least 3D-feet into the site beyond the edge
of pavement of the roadway and install pavement tapers with 15- foot radii
abutting the existing roadway edge~
10. It is the applicant's responsibility to move the existing phone service, fire hydrant,
water Inain and or sewer located in the right-of-way at the terminus of Wells
Circle out of the right-of-way and work with the property owner to the north to
provide her continuity regarding these services.
11. Comply with all Standard Conditions of ApprovaL
STANDARD CONDITIONS O.F APPROVAL
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
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3. Replace any existil1g dalnaged curb, gutter and. sidewalk and any tllat may be
dalnaged durillg th.e construction of the proposed development Contact
Construction. Services at 387-6280 (with file nUl11ber) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in wliting by the District Contact tlle District's Utility Coordinator at
387-6258 (with file numbers) for details.
5~ All design and construction shall be in accordance with the Ada County Higllway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived .herein. All engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6~ The applicant sllall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road 1m.pact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to AC.RD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District The burden shall be upo.n the applicant to obtain written confirmation of
any change from the Ada County Highway District
11. Any change by the applicant in the :planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
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waiver/valiance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change ill use is sought
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal call be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to tIle
subsurface to prevent impact to groundwater and surface water q.uality.
5. The Engineers and architects involved with the design of the subject project shall
o.btain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1 ~ If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required~ However, if
any surface drainage leaves the site, the Nam,pa & Meridian Irrigation District
requires that a Land. Use Change Application is filed. for review prior to final
platting. Please contact Domla Moore at 466-7861 for further infonnation~
2. All laterals and waste ways must be .protected~
3. The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be Inade available to all developments within the Nampa &
Meridian Irrigation District
IDAHO TRANSPORTATION DEPARTMENT
1. There is no access allowed to the interstate for development.
2. Nose abateme.nt (berms, fences, etc.) will be the responsibility of the developer
and will be constructed off of the State Right of Way, see enclosed Noise
Abatement Measures.
3. If auy work is to be performed within the State Right of Way then the applicant
must obtain an approved access permit from this department prior to construction.
Also other requirements may have to be met Please have the applicant contact
Matt Ward at our office located at 8150 Chinden Blvd. in Boise or call (208) 334-
8341 to obtain a permit.
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EXHIBIT F
Wyndstone Place Subdivision
CUP-05-014
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP/PD)
1. The site plan prepared by Erickson-Civil, In.corporated, labeled sheet C-l, dated
1-27-05, is approved, with the conditions listed. herein. All conditions of the
accompanying Annexation 811d Zoning (AZ-05-010) applicatiol1 and Prelilninary
Plat (PP-05-012) shall also be considered conditions of the Conditional Use
Permit (CUP-05-014) application.
2. The project shall conform to the L-Q dimensional standards, except as follows:
· Minimum frontage:
· Minimum setbacks:
0- feet
20-foot (front)
1 Q-foot (rear)
5-foot per story (side)
10-foot (street side)
No other variances, exceptions or reductions to the City adopted dimensional
standards or uses are approved with this CUP/PD application.
3. TIle following amenities are required as part of the Planned Development: water
features on Lots -10 and 11, and a sitting area on Lot 11. The amenities shall be
constructed as depicted on the submitted landscape plan.
4. All building construction within Wyndstone Place Subdivision shall substantially
comply with the front elevations on file with the Planning and Zoning
Department, prepared by David E. Waldron. Construction materials .used on the
structure should be approved by City of Meridian Building Department and in
accordance with the most recently adopted City of Meridian Building Code~
5. The applicant shall coordinate the location and design of trash dumpster( s) witll
Sanitary Services Company (SSe) staff Trash enclosures must be built in the
location and to the size approved by SSC~ All dumpster(s) .must be screened in
accordance with MCC 11-12-1~C. Please contact Bill Gregory at sse (888-3999)
for detailed review of your proposal and submit stamped (approved) plans with
each certifi cate of zoning comp liance ap p Ii cation.
6. NO' building or other structure shall be erected, moved, added to or structurally
altered, nor shall any building structure or land be established or change in use on
this site without first obtaining a Certificate of Zoning Compliance (CZC) from
the Meridian Planning and Zoning Department (MCC 11-19-1).
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7. All required improvemel1ts must be cOlnplete prior to obtaining a Certificate of
Occupal1cy for the proposed developluent A telnporary Certificate of Occupancy
Inay be obtained by providing surety to the City in tIle fOl1n of a letter of credit or
casll in the mnount of 110% of the cost of the required improveluents (includillg
paving, striping, landscaping, and irrigation)~ A bid must accompany any request
for teluporary occupallcy. Any temporary occupancy will not exceed 60 days to
cOlnplete the required improvements.
8. If constructio.n has not begun within 18 months of City Council approval, a new
conditional use pennit must be obtained prior to tIle start of development.
9. Outside lighting shall be d.esigned and placed in such a manner as to eliminate
glare and illumination of the adjoining roadways and properties, in accordance
with City Ordinance Section 11-13-4~C~
10. A drainage plan designed by a State of Idaho licensed architect or engilleer is
required and shall be submitted to the City Engineer (Ord~ 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal must be designed in
accordance witll Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies~ Off-site disposal into surface water is
prohibited unless the jurisdictiol1 which has authority over the receiving stream
provides written autllorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
11. All signage shall .be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Developluent Ordinance~
12. It is the applicallt's res.ponsibility to ensure that all construction conforms to the
requirements of the Americans with Disabilities Act
13~ Applicant's (or successor's) failure to cOlnply with any of the terms of approval
of the conditional use permit shall be cause for revocation of the conditional use
permit~
OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed~
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordillance (MCC 12-13-13) will be
followed~
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SANITARY SERVICES COMPANY
1. Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal prior to the public hearing. There is a concenl that the required
modificatiol1S may significantly ilnpact your site desigtl and may require a revised
site plan. If the site plan is revised, contact the planner assigned to the project
inunediately to discuss the changes and how to proceed with tIle revised site plan.
2~ Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal and submit stamped (approved) plal1s with your certificate of zoning
compliance application.
MERIDIAN FIRE DEPARTMENT
14 Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality .by the Meridian Water Department for bactelia
testing.
2. Final Approval of the fire l1ydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 'i1" outlet face the main street or parking lot
aisle.
b~ The Fire hydrant shall not face a street whic.h does not have addresses on
it
c. Fire .hydrant markers shall be prov.ided per Public Works spec.
d4 Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers wIlen spacing permits.
f. Fire hydrants shall not l1ave any vertical obstructions to outlets within 1 0' ~
g~ Fire hydrants shall be place 18" above finish grad.e.
h. Fire l1ydrants shall be pro.vided to Ineet the requirements of the IFC
Section 509.5.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. All driveways shall be straight or have a turning radius of 28' inside and 48'
outside and shall have a clear driving surface which is 20' wide.
5. Fire lanes and streets shall have a vertical clearance of 13' 6" . This includes
mature landscaping.
6~ Operational fire hydrants, temporary or permanent street signs and access roads with
an --all weather surface are required before combustible construction is brought on
si te~
7. The roadways shall be built to Ada County Highway Standards cross section
requirements and shall have a clear driving surface, available at all times, which is
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20' wide. Streets with less tllan a 29' street widtll shall have no parlcing. Streets
with less than 33' shall have parking only on one side. These measurements sllalI
be based on the face of curb din1ellsiol1~
8. Commercial and office occupancies will require a fire-flow COl1sistent Witll the
International Fire Code to service the proposed project Fire hydrants shall be
placed per Appendix D.
9 ~ The 8 office/commercial lots lot will have an unknown transient population and wilI
have an unknown impact on Meridian Fire Department call volumes. The Meridian
.Fire Department has experienced 2397 responses in the year 2003. According to a
report cOlnpleted by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3 800 by the year 20 1 O.
10. Maintain a separation of5' from the building to any dumpster enclosure.
11. Provide a Knoxbox entry system for the complex prior to occupancy.
12. The first digit of the Office Suite shall correspond to the floor level.
13. The applicant shall work with city staff to provide an address identification plan
including a pylon/monulnent sign at the required intersection(s).
14. All aspects of the building systelTIS (including exiting systems), processes & storage
practices sllall be required to comply with the International Fire Code.
15~ Provide exterior egress lighting as required by the International Building & Fire
Codes.
16~ Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For .buildings equip.ped. throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1. or 903.3.. 1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3 ~ 1.1 or 903 .3 .1.2, the
distance requirement shall be 600 feet (183 m).
17. There shall be a fire hydrant within 1 00' 0 f all fire department connections.
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18. Buildings over 30' illlleight are required to have access roads in accordance witll
Appendix D Section DIGS.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
1~ Payment of an overlay fee and the standard ilnpact fee will be determined by
ACHD Development Services and will be due prior to obtaining a building pennit
or occupancy.
2~ On Wells Street the applicant will be required to do one of the following:
a. Dedicate by donatio.n an additional 2-feet of right-of-way on Wells Street
abutting the parcel by means of recordation of a warranty deed prior to
issuance of a building pennit (or other required permits), whichever occurs
first. Allow up to 30 business days to process the right-of-way dedication
after receipt of all requested material.
b. Do not dedicate additional rig.ht-of-way, but constru.ct a 5-foot wide concrete
sidewalk adjacent to the curb along Wells Street, and provide the District with
an easement for any portion of tIle sidewalk located outside of the right-of-
way~
3~ On Wells Circle the applicant will be required to do one of the following:
a. Dedicate by donation an additional 2-feet of right-of-way on Wells Circle
abutting the parcel by means of recordation of a warranty deed prior to
issuance of a- building permit (or other required permits), whichever occurs
first Allow up to 30 business days to process the right-of-way dedication
after receipt of all requested material.
b. Do not dedicate additional right-of-way, but construct a 5-foot wide concrete
sidewalk adjacent to the curb along Wells Circle, and provide the District with
an easelnent for any portion of the sidewalk located outside of the .right-of-
way~
4. Construct Wells Street as one half of a 40-foot street section with vertical curb,
gutter and 5-foot attached concrete sidewalk with parking prohibited on both
sides.
5. Construct Wells Circle as one half of a 40-foot street section with vertical curb,
gutter and 5-foot attached concrete sidewalk with parking .prohibited on both
sides.
6. Construct the cul-de-sac on Wells Circle to provide a minimum turning radius of
45-feet The cul-de-sac will need to be paved it's full width and length with a 1-
foot gravel shoulder and borrow ditch.
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7. Construct OIle curb return type driveway 25-feet wide, located approxiluately 360..
feet west of tIle east property line on Wells Circle as proposed. The applicant has
tIle option to lTIOVe tIle proposed dliveway on Wells Circle approximately 1 7 5-
feet to the east. This new driveway location would Ineet district policy and would
be approved by ACHD.
8~ Construct one curb return type driveway on Wells Street with a ce.nter island that
is a minimum of 4- feet in width and has a total of 1 00 sq ft. The driving lanes
should be no wider than 20-feet on either side of the center island.
9. Pave the driveway its full width and at least 3D-feet into the site beyond the edge
of pavement of the roadway and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
10. It is the applicant~s responsibility to move the existing phone service, fire hydrant,
water main and or sewer located in the right-of-way at the terminus of Wells
Circle out of the right-of-way and work with the property owner to the north to
provid.e her continuity regarding these services.
11. Comply with all Standard Conditions of Approval.
STANDARD CON.DITIONS OF ApPROVAL
1 ~ Any existing irrigation facilities shall be relocated. outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting tIle
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and. approved supplements,
Construction Services .procedures and all applicable ACHD Ordinances unless
specifically waived herein. An en.gineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
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7~ COl1Structiol1, use alld property developl11ent shall be in confolmal1ce with all
applicable requiremel1ts of the Ada County Highway District Plior to District
approval for occupancy.
8~ Payment of applicable road ilnpact fees are required prior to building construction
in accord.ance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9~ It is the responsibility of the applical1t to verify all existing utilities within the
light-of-way~ The applicant at no cost to ACHD sIlall repair existing utilities
damaged by the applicant The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised cl.uring
any phase of construction.
1 o. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District
11 ~ Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of.
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2~ The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a luosquito breeding problem~
4. Stormwater shall be .pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stonnwater disposal and design a
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stomlwater managelnent systelTI that prevel1ts groUlldwater al1d surface water
degradation~
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no further review will be required. However, if
any surface drainage leaves the site, the Nampa & Meridian Inigation District
requires that a Land Use Cllange Application is filed for review prior to final
platting~ Please contact Donna Moore at 466- 7861 for further information~
2. All laterals and waste ways must be protected.
3. The developer must cOlnply witll Idaho Code 31-3805. It is recommended that
inigation water be made available to all developm.ents within the Nampa &
Meridian Irrigation District.
IDAHO TRANSPORTATION DEPARTMENT
1 " There is no access allowed to tIle interstate for developlnent.
2. Nose abatement (berms, fences, etc~) will be the responsibility of the developer
and will be constructed. off of the State Right of Way, see enclosed Noise
Abatement Measures4
3. If any work is to be perfoflned within the State Right of Way then the applicant
must obtain an approved access pennit from this department prior to construction.
Also other requirements .may l1ave to be met Please have the applicant contact
Matt Ward at our office located at 8150 Chinden Blvd.. in Boise or call (208) 334-
8341 to obtain a permit
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EXHIBIT G
Wyndstone Place Subdivision
AZ-05-010
Zoning Amendment Findings
According to Meridian City Code (MCC) I 1-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning COlnmission and Council are required
"to review the particular facts and circumstances of each proposed zoning amendlnent in
terms of the following standards al1d shall find adequate evidence answering the
following questions about the proposed zoning amendment"
The following is the list of standards found in 11-15-11 and analysis by City Council:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Chapter VII of the Comprehensive Plan, 'office' is defined as areas providing
opportunities for low-impact business~ Uses would include offices, technology
and resource centers; ancillary commercial uses may be considered~ City Council
finds that the requested zoning designation, L-O, is harmonious with and in
accordance with the 2002 Comprehensive Plan and the Future Land Use Map,
which designates the land to be "office"~
City Council also-finds the following 2002 Comprehensive Plan text policies to be
applicable to this application (analysis is in italics below policy):
· "Permit new · · · commercial development only where urban services can be
reasonably provided at the time affinal approval and develoPlnent is
contiguous to the City." (Chapter IV, Goal I, Obj. A, #6)
The site is currently contiguous to the Meridian City limits. Sanitary sewer
and water to serve this development is currently available in South Wells
Circle, and from a sewer main running along the western property boundary.
· "Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal III, Obj. D, #5)
City Council has included conditions for landscaping within this report~
· .. "Consider 'Accommodating Bicycle and Pedestrian Travel: A Recommended
Approach' from the National Center for Bicycling and Walking in all land use
decisions~" (Chapter VI, Goal II, Obj~ A, #3)
This publication encourages jurisdictions to establish bilceway and ltvallcway
facilities in new construction and reconstruction projects, in a manner that is
safe, accessible and convenient~ The applicant will be required to construct 5-
foot wide sidewalks adjacent to Wells Street and Wells Circle as conditions of
approval.
· "Plan for a variety of commercial al1d retail opportunities within the Impact
Area." (Chapter VII, Goall, Objective B)
City Council believes that the proposed L-O zone contributes to the variety of
uses in this area, as envisioned with the Comprehensive Plan~
· "Require screening and buffering of commercial and industrial properties and
residential use with transitional zoning~" (Chapter VII, Goal IV, Obj~ A, #6)
The applicant is proposing a transitional zone, L-OJ between the residences to
the west and the commercial uses to the east~ The applicant is also proposing
to construct landscape screening/bufferingfor the existing single-family uses
to the north and west. The Landscape Ordinance requires a minimum buffer
width of 20-feet be/:MJeen single-family residences and office uses. As long as
the landscape buffers are constructed in accordance with Meridian City Code
(MCC) 12-13, City Council believes the intent of this policy is met with the
submitted site and landscape plans.
· "Where the prpject is developed adjacent to low or medium density residential
uses, a transitional use is encouraged" (Chapter VII, pg.. 98)
As noted above, the L-O zone is considered a transitional zone between
residential and commercial uses.
In addition, in the applicant's letter (from Shawn Nickel) other Comprehensive
Plan policies are listed supporting the annexation and proposed office uses on the
property. City Council finds that if the applicant complies with the conditions
included in this report, the overall design of the development would be in general
conformance with the City afMeridian Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat and conditional use .permit for a professional office
park (PP-05-012 & CUP-05-014). Uses such as medical and dental clinics and
laboratories, accounting services, and adlninistrative services are principally
permitted .in the L-O zone. City Council does not anticipate that the applicant
plans to rezone the subject property in the future if the subject applicatio.ns are
approved for office uses.
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c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -fo." example, a
residential area turning into a commercial area by means of conditional use
permits;
City Council finds that uses such as medical and dental clinics and laboratories,
accounting services, and admil1istrative services are principally permitted in the
L-O zone. City Council believes that if the subject ZOnil1g amendment is
approved, the subject property will be developed with office uses allowed
(principally permitted) in the requested zone~
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
The properties in tllis area are transitioning fro.m low density residential uses to
commercial/urban type uses. Developments in the Magic View Subdivision
include a credit union and bank, a 30,300 square-foot multi-tenant office building,
Subway and Inedical/clinical services. In addition, two new hotels have o.pened
just to the east of the subject site. Woodbridge Subdivision is a 260 +/- lot
residential subdivision approximately ~ mile to the west that connects with Magic
View Drive and is largely built-out at a medium density~
As development occurs ACHD is requiring that the local/commercial streets in
Magic View Subdivision be widened and tllat developers construct sidewalk
adjacent to the developing sites~ Further, this site lies within an extraordinary
impact fee overlay zone. Tllis overlay zone was established to install the
infrastructure for the redevelopment of the rural lots within Magic View
Subdivision, in anticipation of the lots redeveloping to commerciaL The ACHD
now requires that developers within this overly zone pay into a reimbursement
fund for tIle costs that were associated with construction of the new road from the
intersection of Eagle Road and 81. Luke's drive, to the intersection of Magic View
Drive and Allen Dri.ve (see ACHD for more information)~
City Council finds that annexation and zoning and developing of the subject
property with office uses would be compatible with other nearby land uses and
facili ty changes in the area.
E. Will the proposed uses be designed, constructed, operated and maintained to
benarmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
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City COUI1Cil finds tllat the proposed office zone/uses will cllange tIle existing
character of the area, but tllat the proposed ZOlle and office uses Sllould be
l1armonious and appropriate ill appearance with the existing al1d intended
character of tIle area. City Council finds that future uses, if desigtled, C011structed
and operated in accordance with adopted city ordinances and conditions of
ap.provaI for the subject applications, sllould be harmonious and appropriate in
appearance with the intended character of the vicil1ity.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
To mitigate the possible noise and visual disturbances of tIle proposed office uses
on neighboring properties, the applicant is proposing to construct a 20-foot wide
landscape buffer along the entire west, and a portion of the north, property lines.
City Council is supportive of the proposed landscape buffer along the west and
north property lines, abutting the single-family residences.
A potential disturbance of allowing tIlis site to develop with office uses has to do
with vehicular access to and from this site. The applicant is proposing a driveway
to Wells Circle, which currelltly provides residential access only. Increasing the
traffic volumes on Wells Circle may be an inconvenience to the existing
residences. However, tIle existing residences tllat access Wells Circle are also
anticipated to develop with similar (office) uses in the future. Further, ACHD
considers access points in their analysis of projects and 11as prepared a report that
requires the applicant to improve both Wells Circle and Wells Drive to tlleir
commercial street standards. City Council finds that the proposed uses (access)
Sllould not be hazardous to neighboring uses if the abutting roadways are
improved to ACHD' s standards~
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
The Meridian Fire, Public Works and ,Parks Departments were represented at a
COlnments meeting held on March 25, 2005 for this application. The Fire
Department, Public Works Department and Parks Department provided comments
that services could be provided to this site (all of the detailed comments from the
Fire Department and other agencies/departments are at the end of this report).
Sanitary Service Company (SSe) currently provides service to adjacent properties
in -the area~ The Commission and Council will need to reference any additional
written or verbal testimony submitted by the Meridian Public Works Department,
Nampa Meridian Irrigation District, Idaho Power, and other service providers
regarding tllis finding~
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Sal1itary sewer and. water to serve tllis developlnent is currently available on tIle
west and nortl1 sides. There is an eight-inch sewer stub on the westen) propel1y
line~ Water is available on the north al1d west side and the applical1t sllall be
required to connect at two points to facilitate flows through this developmel1t.
The ACHD approved this development at staff level on April 5, 2005. .Because
vehicular access to this site is currently provided from substandard streets (Wells
Street & Wells Circle), ACHD is requiring the applicant to install ilnprovements
such as curb, gutter, sidewalk, and pavement widening. Please review tIle ACHD
report for additional information regarding this finding~
The applicant and/or future property owners may be required to pay park and
highway impact fees as well as construct on-site storm water drainage facilities.
City Council finds that the property proposed for annexation and zoning can be
served adequately by all essential public facilities and services~
H. Will not create excessive additional requ.irements at public cost for public
facilities and services and win not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer, water, local
street infrastructure, utilities and irrigation services to serve the project. The
primary public costs to serve the future residents will be fire and police facilities
and services~ City Council finds there will not be excessi ve ad.ditional
requirements at public cost and. tllat the proposed zoning and subsequent
development will not be detrilnental to the cOlnmunity's econoluic welfare.
I. Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
ACHD estimates that this development will generate an additional 515 vehicle
trips per day~ City Council recognizes tllat traffic and noise will increase with the
approval of this development; however, City Council does not believe that the
amount generated will be detrimental to the general welfare of the public. City
Council does not anticipate the proposed annexation and subsequent uses will
create excessive noise, smoke, fumes, glare, or odors. City Council finds that the
pro.posed cOlnmercial zoning/use will not be detrimental to people, property or the
general welfare of the area.
J. Will the area have vehicular approaches to the property which shaU be so
designed as not to create an interference with traffic on surrounding public
streets;
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The applicant is proposing to COllStruCt one l1ew d.riveway to Wells Street and Olle
.new driveway to Wells Circle. The proposed access points meet ACHD policy for
location. ACHD COllsiders vellicular approaches in their analysis of projects and
has prepared a report that approves the proposed driveway locations~ If the
proposed vehicular approaches and abutting streets are approved and accepted by
ACHD, City Council does not believe that the development will create
interference with traffic on tIle surrounding public streets.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council finds that there are some existing trees and other mature landscaping
on this site. Any existing trees larger tllan 4" caliper tllat are removed shall .be
mitigated for, per the Landscape Ordinance (MCC 12-13-13). The applicant notes
that 8 trees with a total of 128 caliper inches will be removed. The applicant is
proposing to mitigate 73 of the 128 caliper inches by constructing additional trees
within the 1-84 landscape buffer. The remaining 55 caliper inches are from dying
or hazardous trees that do not need to be mitigated. The applicant should work
with the City Arborist, Elroy Huff: on implementing a mitigation .plan. If any trees
are deemed to be a hazard, diseased or dying by the City Arborist, prior to
removal, mitigation will not be required for those trees.
City Council finds that the proposed annexation and zoning should not result in
the loss or damage of any natural or scenic features, as long as the existing trees
that are removed ~re mitigated.
L~ Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)"
City Council finds that all essential services are available or will be provided by
the developer to the subj ect property and will not require unreasonable
expenditure of public funds. The applicant is .proposing to develop the land in
substantial compliance with the City's comprehensive plan and development
ordinances. The land to the east of the subject property was recently annexed into
the City and this is a logical expansion of the City limits. In accordance with the
findings listed above, City Council finds that the annexation/zoning of this
prooertv would be in the best interest of the City~
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EXHIBIT H
Wyndstone Place Subdivision
PP-05-012
Preliminary Plat Findings
Meridian City Code (MCC) 12-3-3 J~2 and 12-3-5 D read as follows: "In determining the
acceptance of a proposed subdivision, the CommissionlCoullcil shall consider the
objectives of this title and at least the following;
A. The conformance of the subdivision with the Comprehensive Development
Plan;
Please see Annexation and Zoning item "A".
B. The availability of public services to accommodate the proposed
development;
City Council finds that public services can be Inade available to accommodate the
proposed development.. Please see Annexation and Zoning items "G" and "H" for
more details.
c. The continuity of the proposed development with the capital improvement
program;
Because the deveioper is installing sewer, water, and utilities for the development
at their cost, City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
D. The public fmancial capability of supporting services for the proposed
development;
Please see Annexation alld Zoning item "H" and the Other Agency Comments
and Conditions at tIle end of this report for more detaiL
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council is not aware of any health, safety or environmental problems
associated with the development of this subdivision. ACHD considers road safety
issues in their analysis.
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EXHIBIT I
Wyndstone Place Subdivision
CUP-05-014
CUP/PD Findings
The COlmnission and COUI1Cil shall review the particular facts and CirCUlTIstances of each
proposed conditional use in terms of the following and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-
17-3):
A. That the site is large enough to accommodate the proposed use
and all yards, open spaces, parking, landscaping and other
features as may be required by this ordinance;
As part of the Planned Developlnent (PD) the applicant is requesting relief from
tlle standard street frontage and building setbacks of the L-O zone, as required by
Meridian City Code. The applicant has also requested an alternative to the
standard entryway corridor landscaping required along the on-ramp to Interstate-
84~
Parking stalls are currently required by ordinance at the rate of one space per 400
square-feet of gross floor area for professional offices and one space for every
200 square-feet for clinics (MCC 11-13-5~B)~ Compliance with parking
requirements will. be monitored by the Planning & Zoning Department through
the Certificate of Zoning Co.mpliance issuance for individual buildings/users~
City Council finds that the subject property is large enough to accommodate the
requested use and all other required ordinance features~ Altho.ugh the site is large
enough to accommodate all of the features required by ordinance, the ap.plicant
has asked, through the Planned Developluent, to modify s.pecific development
standards.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
Please see Annexation and Zoning item "A".
c. That the design, construction, operation, and maintenance will be compatible
with other uses in the general.neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
Please see Annexation & Zoning item "E"~
D.. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council finds that if the applicallt complies with all conditio.os imposed, the
proposed development will not adversely affect otller properties in the vicinity.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Annexation & Zo.ning items "G" and "H", the Other Agency
Comments and Conditions, and any COlnments that may be submitted to the City
Clerk regarding this project
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Please see Annexation & Zoning item "H"4
G. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Please see Annexation and Zoning items "I" and "J".
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Please see Annexation & Zoning item "J"4
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
Please see Annexation & Zoning item "K" ~
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 4.63 Acres from RUT (Ada
County) to L-Q (Limited Office District) AND Preliminary Plat Approval of Eight (8)
Buildable Office Lots and Three (3) Common/Other Lots AND Conditional Use Permit
Approval for a Planned Development for a Professional Office Complex with a Request for
Reduced Building Setbacks and Reduced Lot Frontages for Wyndstone Place Subdivision,
by Quasar Development, LLC.
Case No(s): AZ-05-010, PP-05-012, CUP-05-014
For the City Council Hearing Date of: May 17, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council.public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record. within three hundred feet (300')
of the external boundaries of the property~ The notice of public hearing before the
City Council was posted upon the property under consideration. lTIOre than one week
before said hearing. All other .noticing was done consistent with Idaho Code ~67-
6509~
The matter was duly considered by the City Council at the May 17, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidenceK
.b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony)~
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City CounciL
d. The City Council heard and took oral and written testilTIOny and duI y considered the
evidence and the record in this Inatter.
2. Process Facts
a. There has been cOlnpliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication. and Proof of
Posting filed with. the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & O.RDER
CASE NO(S). AZ-OS-OIO / PP-OS-012 / CuP-OS-OI4- PAGE 1 of5
{' . .
(.:....:. ..
3. Applicatiol1 al1d Property Facts
a. In addition to tIle application and property facts noted in the staffreport and the
Planning & Zoning Recolumendation for tIle subject application(s), it is hereby
verified that the property owner(s) of record at the til11e of issuance oftllese
findings is B & F Enterprises.
4. Required Findings per Z011ing and Subdivision Ordinance
a. See Exhibits G, H, and I for the findings required for these applicatio.ns.
B. Conclusions of Law
1. The City of Meridian sIlalI exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I~C. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereot: The City of Meridian l1as, by ordinance, established the
Impact Area and the Amended COlnprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
g 11-17-9.
4. Due consideration lias been given to the COlnment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found pu.blic facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. T.hat the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, tIle Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated February 8, 2005 as shown in Exhibit B, the Site Plan dated January 27, 2005 as
shown in Exhibit C, the Annexation and Zo.ning Comments as shown in Exhibit D, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the
CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. The conditions
are ooncluded to be reasonable and the applicant shall meet such requirements as a
condition of approval of the application.
c~ Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & O.RDER
CASE NO(S). AZ-OS-OIO / PP-OS-OI2 / CUP-OS-OI4- PAGE 2 of5
( .
Pursuant to the City Council's authority as provided ill Melidian City Code g 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is l1erehy
ordered t11at:
1. TIle applical11's Prelilninary Plat as evidenced by l1aving submitted the Preliminary
Plat dated February 8, 2005 is hereby conditionally approved;
2. TIle applicant's Site Plan as evidenced by having submitted the Site Plan dated
January 27, 2005 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maXilTIUm period
of eighteen (18) Inonths unless othelWise approved by tIle counciL During this time,
the permit holder must COlnmence the use as .permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of penn anent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The ap.plicant has specified in the
application and to the commission and council a construction schedule and co.mpletion
date for the project. If the completion date specified for tIle project is exceeded, the
conditional use application shall become null and void. However, the applicant may
sub.mit an application for a time extension on the project for city council review. The
applicatio.n for tim~ extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In tIle event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successi ve intervals of one year from the original
date of approval by the council.. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4~B..)
2~ Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat After approval of final plat, the owner or developer shall .have one year to begin
construction of the public utilities and one year thereafter to com.plete constru.ction of
those public facilities~ (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AN.n DECISION & O.RDER
CAS.E NO(S). AZ-OS-OIO I ppMOS-OI2 I CUP-OS-014- PAGE 3 of5
C.:
concerning the matter at issue~ A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty...eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (with conditions)
Exhibit C: Approved Site Plan (with conditions)
Exhibit D: Annexation and Zoning Comments
Exhibit E: Preliminary Plat Site Specific and Standard Conditions
Exhibit F: CUP/PD Site Specific and Standard Conditions
Exhibit G: Zoning Amendment Findings
Exhibit H: Preliminary Plat Findings
Exhibit I: CUP/PD Findings
By action of the City Council at its regular meeting held on the
2005 ~
.'~
day of
COUNCIL 1\JffiMBER SHAUN WARDLE
VOTED ·
COUNCIL 1vIEMBER CHRISTINE DONNELL
VOTED
COUNCIL 1vIElvlBER CHARLIE ROUNTREE
VOTED
COUNCIL MElvlBER KEITH BIRD
VOTED
r
MAYOR TA1\1MY de WEERD
(TIE BREAKER)
VOTED .-----
CITY OF JvfERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S)~ AZ-05-010 I PP-05-012 I CUP-05-014- PAGE 40f5
("
.'t~
Attest
and City Attorney.
(
~
/d
Dated: 5-dS.-05
By:
City C.lerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AN.n DECISION & ORDER
CASE NOeS). AZ-OS-OJO / PP-OS-012 I CUP-OS-OI4- PAGE 5 of5
("
(:~n...... .:
EXHIBIT B
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Wyndstone Place Subdivision
PP-05-012
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EXHIBIT A
Wyndstone Place Subdivision
AZ-05-010
Legal Description
R$~~I. .
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o .l/.21/05 <J$ : 38 FAX S.~.g91~9
Annexation legal Description
Wyndstone Place
A parcel tocated in the SE % of Section 17~ Township 3 North. Range 1 East. Boise
MeridianJ Ada County. Idahor and being part of lot 19 of Amended Magic Vlew
Subdrvision as shown in Book 52 of Plats at Page 4445 in the Office of 1he Recorder,
Ada Countyt (dahot more particularly described as foUows:
BEGINNING at a 51B inch diameter jron pin ma rking the northwest Corner of said Lot 19~
from which a Brass Cap monument marking the northwest carner of said SE % (Center
%) bears N oo-Q3'13i~ W a distance of 795.53 feet;
T hence along the nOllherfy boundary of said Lot 19 the following described courses;
Thence S 89041 J2.6v E a distance of 203w 16 feet to a 5/8 inch diameter iron pin;
Thence N OD1S'34ti E a distance of 25.00 feet to a 5/8 inch diameter iron pin;
Thence S 89D41J26Z1' E a distance of 428.35 feet to a 5i8 inch diameter iron pin
marking the northeast corner of said Lot 19;
Thence continuing S 89041l26R E a distance of 25~39 feet to a point:
Thence S go 48'02.. E along a fine 25..00 feet east of and parallel to ihe easterly
boundary of said Lot 19 a distance of 179.93 feet to a porot on tha northerly right-of....way
of Inters late 84 Ramp DA as shown on the pfans of Interstate 84 Project No. 'R-84-
1 (12)45 on file in the office of the Id aha Transpo rtation Departmenl. District 3. Divrsion
of Highways:
Thence along said northerly righl..of..way the foUowfng described courses;
Thence a distan~ of 25~67 feet along the arc of a 3729..72 foot radius non~
tangenl culVe right, saId curve having a central angle of OU2314011 and a long
chord hearing S. 67004'36" W a distance of 25.67 feet to a 5/8 inch dfameter iran
pin en the easterly boundary of said Lot 19;
Thence leaving said easterly boundary S 68f)46'39U W a distance of 600.71 feet
to a brass cap monument;
Thence S 71 Q47'10UW a distance of 13.03 feet "to a brass cap monument;
Thence S 75Q25145" W a distance of 94.17 feet to a 112 inch diameter iron pin
marking the southwest comer of sa fd Lot 19;
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Ot/21/05 08:38 ~~\ ~8S9130
Thence leaving said northerly right-of-way Ni OCQ3f1311 W along the westerty boundary of
said Lot 19 a dislance of 41.0 28 feet to the POINT OF BEGiNNfNG.
This parcel contains 4.74 acres and IS subject to any easements exisling or in use.
Crinton W~ Hansen. PLS
land SoluUons, PC
April20~ 2005
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Ot/21/05 08:38 F~\ S8S91~O
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EXHIBIT C
Wyndstone Place Subdivision
CDP-05-014
Approved Site Plan
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EXHIBIT D
Wyndstone Place Subdivision
AZ-05-010
Annexation and Zoning Comments
ANEXATION & ZONING COMMENTS
1. The legal description (dated 4-20-05, stamped by Clinton W. Hansell) shows the
property as contiguous to the existing corporate boundary of the City of Meridian.
EXHIBIT E
Wyndstone Place Subdivision
PP-05-012
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The preliminary plat prepared by Erickson-Civil, Incorporated, labeled sheet PP_
1, dated 2-8-05, is approved, with the conditions listed herein. All conditions of
tIle accompanying AtmexationlZoning (AZ-05-010) and Conditional Use Permit
(CUP-05-014) application shall also be considered conditions of the Preliminary
Plat (PP-05-012).
2. The submitted landscape plan prepared by Jensen Belts Associates, dated. 2-14-05
is approved with the following notes/modifications.
· Depict a 35-foot wide landscape buffer along the on-ramp to 1-84. The width
of said landscape buffer shall be allowed to include approximately 8.5-feet by
5SG-feet of ITD right-of-way, as requested.. In exchange for counting part of
ITD's right-of-way in the buffer width, construct a total of 57 new trees within
the buffer.. With the submittal of tIle final plat, submit a copy of a right-of-way
encroaclunent/license agreemellt with ITD for planting grass and maintaining
the portion of the landscape buffer that lies within the right-of-way.
· Depict a 1 Q-foot wide landscape buffer outside of the right-of-way required by
ACHD for Wells Street and Wells Drive. The width of said landscape buffer
shall not incl~de the width of the required sidewalks for Wells Street and
Wells Drive or other impervious surfaces such as parking areas. In accordance
with MCC 12-13-10-6, install at least one tree in the buffer for every 35-feet
of frontage on the abutting right-of-way.
· Depict a 20-foot wide buffer along the west and north property lines that abut
single-family residences, as proposed. Said buffer to the north shall contain
.materials .in accordance with MCC 12-13-12-3 and .not include impervious
surfaces such as parking areas~ Due to the existing sewer easement to the
west, the buffer along the west property line shall not interfere with access to
the sewer line and shall remain free of large trees and onI y contain shrubs,
flowers, and other ground cover approved by the Meridian Planning & Public
Warks Departments.
· Any existing trees larger than 4" caliper that are removed shall be mitigated
for, per the Landscape Ordinance (MCC 12-13-13). The applicant shall work
witll the City Arharist, Elroy Huff, on implementing a mitigation plan~ If any
trees are deemed to be a hazard, diseased or dying by the City Arbarist, prior
- to removal, mitigation will not be required for those trees.
The proceeding modifications/notes should be shown on a revised landscape plan
submitted with the final plat applicatio.n.
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3 ~ Prior to signature of the final plat by the City El1gineer, remove all structures on
this site, as proposed.
4. Prior to sigtlature of the final plat by the City Engineer, a copy of a cross
parking/cross access agreement for all of the new lots within the subdivision to
utilize the driveways and parking areas shall be provided. Maintenance of the
drive aisles and parking areas shall be provided for in a note on the face of the
final plat, AND/OR in a document such as CCR's~
5 ~ The applicant has not indicated who will own and operate tIle pressurized
irrigation system within this development. Underground year-round pressurized
irrigation luust be provided to all lots within this development The City of
Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. If the pressurized inigation. system within this developlnent is to
remain a private association system, complete plans and specifications shall be
reviewed by the Public Works Department as part of the development plan review
process~ A draft copy of the pressurized irrigation system O&M .manual shall be
submitted prior to plan approval. The applicant shall be required to utilize any
existing surface or well water for the primary source.. If a surface or well source
is not available, a single-point connection to the culinary water systelTI shall be
required. If a single-point connection is utilized, the developer shall be
responsible for the payment of assessments for the common areas .prior to
signature on the final plat by the City Engineer.
6. All inigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the
Public Works Department. If lateral users association approval can't be obtained,
plans will be reviewed and approved by the Meridian City Engineer prior to final
plat sigtlature..
7 · Construct a 6- foot tall solid. vinyl fence along the west and north property lines
(adjacent to the existing residences), as proposed. A detailed fencing plan shall be
submitted upon application of the final plat If permanent fencing is not provided
around the entire perimeter, temporary construction fencing to contain debris
must be installed around the perimeter prior to iss.uance of building permits~ All
fences shall taper dow.n to 3-feet maximum within 20 feet of all right-of-way~ All
fencing shall be installed in accordance with MCC 12-4-10.
8. Maintenance of all common areas, including but not limited to: drive aisles,
parking areas, landscaping, etc., shall be the responsibility of the Wyndstone
Business Owners' Association.
9. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parl(il1g areas. Stonn water treatment alld disposal must be designed in
accordance with Department of EnvirorunentaI Quality 1997 publication Catalog
ofStonn Water Best Mallagement Practices for Idaho Cities and Counties al1d
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction whicll has authority over the receiving stream
provides writtel1 authorization prior to development plan approvaL TIle applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
1 O. Sewer and water service shall be via main line extension from the existing mains
adjacent to the subject site. The subdivision designer to coordil1ate main sizing
and routing with the Public Works Department. The applicant shall execute City
of Meridian standard forms of easelnents, for any mains that are required to
provide service.
11. Applicant shall design a gravity irrigation delivery system sufficient to satisfy all
adjacent properties.
12. Applicant agrees to reinstall the fencing removed at the end of Wells Circle. This
is not a condition set forth by the city, but it's agreed to by the applicant
GENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of the site shall be performed in conformance Witll MCC 11-12-3H.
2. Sidewalks shall .be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3~ A letter of credit or cash surety in. the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat
4. A detailed landscape and fencing plan, in compliance with the landscape and
subdivision ordinance and as noted in this report, shall be submitted for the
subdivision with the final plat application.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department. All
streetlights shall be installed. at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and permit from the Public Works
Department prior commencing installations.
7~ Any tree over 4" in caliper that is relTIoved 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 mitigated.
8. Submit any up-dated groundwater/soils lllonitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas ( detention/retentiOl1 basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24~hours for all
storms up to and including a IOO-year storm events~ Side slopes within drainage
areas shall not exceed 3; 1. An.y portion of a drainage area not improved with
sod/grass seed (or other approved landscaping) shall not count towards the
required open s.pace area 9 The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall be
required to certify that the street centerline elevations are set a luinilnum of 3-feet
above the highest established normal groundwater e]evation~ This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
ground water.
9. The ap.plicant sllall coordinate mailbox locations with the Meridian Post Office.
lO~ Any existing domestic wells and/or septic systems within this project will have to
be reluoved from their domestic service .per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation4
I 1. 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.
12. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
13. All developme.nt features shall comply with the Americans with Disabilities Act
and the Fair Housing Act.
14. The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
159 Applicant shall he responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers.
169 Applicant shall be responsible for application and compliance with and NPDES
Pennitting that may be required by the Enviro.nmental Protection AgencY4
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17. Staff's failure to cite specific ordil1ance provisiol1S or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
18. Preliminary plat approval sIlaIl be subject to the expiration provisions set forth in
MCC 12-2-4.
OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS
MERIDIAN PARI(S DEPARTMENT
l~ Standard for Mitigation of trees: The standard. established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
SANITARY SERVICES COMPANY
1. Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal prior to the public hearing. There is a concern that the required
modifications may significantly impact your site design and may require a revised
site plan~ If the site plan is revised, contact the planner assigned to the project
immediately to discuss the changes and how to proceed with the revised site plan~
2. Please contact B-1l1 Gregory at sse (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance applicatioD4
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fIfe protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a~ Fire Hydrants shall have the 4 ~" outlet face the main street or parking lot
aisle.
b~ The Fire hydrant shall not face a street which does not l1ave addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
- d. Locations with fire hydrants shall have the curb painted red 1 0' to each
side of the hydrant location~
e~ Fire Hydrants shall be placed o.n comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 1 0' ~
g. Fire hydrants shall be place 18" above finish grade.
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h. Fire hyd.rants sIlal} be provided to Ineet the requirelnel1ts of the IFC
Section 509.5.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. All driveways shall be straight or have a turning radius of 28' inside and 48'
outside and s11alI have a clear driving surface Wl1ich is 20' wide.
5. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes
mature landscaping.
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
si tel
7. The roadways shall be built to Ada County Highway Standards cross section
requirements and shall have a clear driving surface, available at all times, which is
20' wide. Streets with less than a 29' street width shall have no parking. Streets
with less than 33' shall have parking only on one side. These measurements shall
be based on the face of curb dimension.
8. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service tIle proposed project. Fire .hydrants shall be
placed per Appendix D.
9. The 8 office/colmnerciaI lots lot will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has experienced 2397 responses in the year 2003. According to a
report completed. by Fire & Emergency Services Consulting Group our requests for
service are .projected to reach 2800 in the year 2005 and 3800 by the year 2010~
1 O. Maintain a separation of 5' from the building to any dumpster enclosure.
11. Provide a Knoxbox entty system for the complex prior to occupancy.
12~ The first digit of tIle Office Suite shall correspond to the floor level.
13. The applicant shall work with city staff to provide an address identification plan
including a pylon/monument sign at the required intersection(s).
14. All-aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
15. Provide exterior egress lighting as required by the International Building & Fire
Codes.
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16. Where a portion of tile facility or building hereafter COl1structed or moved into or
within tIle jurisdiction is lTIOre than 400 feet (122 m) froIn a hydrant 011 a fire
apparatus access road, as measured by an approved route around the extelior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code officiaL For buildings equipped throughout with an approved autoluatic
sprinkler system installed in accordance with Section 903~3.1~1 or 903.3.1~2 the
distance requirement shall be 600 feet (183).
a~ For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1 ~2, the
distance requirement shall be 600 feet (183 m).
17. There shall be a fire hydrant within 1 00' of all fire d~partment connections.
18. Buildings over 30' in height are required to have access roads in accordance with
Appendix D Section DI05.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
1 ~ Paytnent of an overlay fee and the standard impact fee will be determined by
ACHD Development Services and will be due prior to obtaining a building .permit
or occupancy.
2. On. Wells Street the applicant will be required to do one oft11e following:
a. Dedicate by donation an additional 2-feet of right-of-way on Wells Street
abutting the parcel by means of recordation of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs
first. Allow up to 30 business days to process the right-of-way dedicatio.n
after receipt of all requested material.
b. Do not dedicate additional right-of-way, but construct a 5-foot wide concrete
sidewalk adjacent to the curb along Wells Street, and provide the Distlict with
an easement for any portion of the sidewalk located outside of the right-of-
way.
3. On Wells Circle the applicant will be required to do one of the following:
a. --Dedicate by donation an additional 2-feet of right-of-way on Wells Circle
abutting the .parcel by means of recordation of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs
first. Allow up to 30 business days to process the right-of-way dedication
after receipt of all requested materiaL
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b~ Do not dedicate additional right-of-way, but construct a 5-foot wide COl1crete
sidewalk adjacent to the curb along Wells Circle, and provide the Distlict with
an easelnent for any portion of tIle sidewalk located outside of the right-of-
way.
4. Construct Wells Street as OIle half of a 40-foot street section with vertical curb,
gutter and 5-foot attached concrete sidewalk with parking prohibited on both
si des.
5. Construct Wells Circle as one half of a 40-foot street section with vertical curb,
gutter and 5-foot attached concrete sidewalk with parking prohibited on both
sides.
6. Construct the cul-de-sac on Wells Circle to provide a minimum turning radius of
45-feet The cul-de-sac will need to be paved it's full width and length with a 1-
foot gravel shoulder and borrow ditch.
7. Construct one curb return type driveway 25-feet wide, located approximately 360-
feet west of the east property line on Wells Circle as proposed. The ap.plicant has
the option to move the proposed driveway on Wells Circle approximately 175-
feet to the east This new driveway location would. Ineet district policy and would
be approved by ACHD.
8. Construct one curb return type driveway on Wells Street with a center island that
is a minimum of 4--feet in width and has a total of 100 sq ft. TIle driving lanes
should be no wider than 20-feet on eitller side of tIle center island.
9. Pave the driveway its full width and at least 3D-feet into the site beyond the edge
of pavement of the roadway and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
10. It is the applicant's responsibility to move the existing phone service, fire hydrant,
water main and or sewer located in the right-of-way at the terminus of Wells
Circle out of the right-of-way and work with the property owner to the nortll to
provide her continuity regarding these services.
11. Comply with all Standard Conditions of Approval.
STANDARD CONDITIONS OF ApPROVAL
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with iluproving street frontages abutting the
site shall be borne by the developer.
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3~ Replace any existillg dalnaged curb, gutter and sidewalk and any that may be
dalnaged during the construction oftlle proposed developlnent Contact
COllStructioll. Services at 387-6280 (witll file nUlnber) for details.
4. Utility street cuts in pavement less than five years old. are not allowed unless
approved ill writing by tile District Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design. and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all ap.plicable ACHD Ordinances unless
specifically waived herein. All engineer registered in the State of Idaho 811ftII
prepare and certify all improvement plans~
6. The applicant shall sublnit revised .plans for staff approval, prior to issuance of
building permit (or other required .permits), which incorporates any required
design changes.
7. Construction, use and property development shall.be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9~ It is the responsibility of the applicant to verify all existing utilities within tIle
right-of-way~ The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall.be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground witllin
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District The burden sllaII be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11~ Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
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waiver/valiance of said requireluents or other legal relief is granted pursuant to
the law in effect at tIle time tIle change in use is SOUgllt
CENTRAL DIST.RICT HEALTH DEPARTMENT
I. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and. cel1tral water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality~
3. Run-offis not to create a mosquito breeding problem.
4. Stonnwater shall be pretreated througll a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation~
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no furtller review will be required. However, if
any surface drainage leaves the site, the Nampa & Meridian Irrigation District
requires that a Land Use Change Application is filed for review prior to final
platting~ Please contact Donna Moore at 466- 7861 for further information.
2.. All laterals and waste ways must be protected.
3~ The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nam.pa &
Meridian Irrigation District
IDAHO TRANSPORTATION DEPARTMENT
1.. There is no access allowed to the interstate for development.
2. Nose abatement (berms, fences, etc.) will be the responsibility of the developer
and will be CQ.nstructed off of the State Right of Way, see enclosed Noise
Abateme.nt Measures.
3. If any work is to be perfo.nned within the State Right of Way then the applicant
must obtain an approved access permit from this department prior to construction.
Also other requirements may have to be met. Please have the applicant contact
Matt Ward at our office located at 8150 Chinden Blvd" in Boise or call (208) 334-
8341 to obtain a permit.
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EXHIBIT F
Wyndstone Place Subdivision
CUP-05-014
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP/PD)
1. The site platl prepared by Eric.kson-Civil, Incorporated, labeled sheet C-l, dated
1-27-05, is approved, with the conditions listed herein. All conditions of the
accompanying Annexation and Zoning (AZ-05-0 1 0) application alld Preliminary
Plat (PP-05-012) shall also be considered conditions of the Conditional Use
Permit (CUP-05-014) application.
2. The project shall confonn to the L-O dimensional standards, except as follows:
· Minimum frontage:
· Minimum setbacks:
0- feet
20-foot (front)
lO-foot (rear)
5-foot per story (side)
10-foot (street side)
No other variances, exceptions or reductions to the City adopted dimensional
standards or uses are approved with this CUP/PD application.
3. The following amenities are required as part of the Planned Development: water
features on Lots 1 0 and 11, and a sitting area on Lot 11 ~ The amenities shall be
constructed as depicted on the submitted landscape plan~
4. All building construction within Wyndstone Place Subdivision shall substantially
comply with the front elevations on file with the Planning and Zoning
Department, prepared by David E.. W aldron~ Construction materials used on the
structure should be approved by City of Meridian Building Department and in
accordance with the most recently adopted City of Meridian Building Code.
5. The applicant shall coordinate the location and design of trash dumpster(s) with
Sanitary Services Company (SSe) staff. Trash enclosures must be built in the
location and to the size approved by sse. All dumpster(s) must be screened in
accordance with MCC 11-12-1.C~ Please contact Bill Gregory at sse (888-3999)
for detailed review of your proposal and submit stamped (approved) plans with
each certificate of zoning compliance application~
6. No building or other structure shall be erected, moved, added to or structurally
altered, .nor shall any building structure or land be established or change in use on
this site without first obtaining a Certificate of Zoning Compliance (CZC) from
the Meridian Planning and Zoning Department (MCC 11-19-1).
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7. All required improvelnel1ts must be cOlnplete prior to obtaining a Certificate of
Occupancy for the proposed developlnellt A temporary Certificate of Occupancy
may be obtained by providing surety to the City in the fann of a letter of credit or
cash in the amount of 11 0% of the cost of the required improvemellts (in.cluding
paving, Stripillg, landscaping, and inigation)~ A bid must accompany any request
for temporary occupancy. Any telnporary occupancy will not exceed 60 days to
complete the required iluprovements.
8. If construction has not begun witllin 18 lTIonths of City Council approval, a new
conditional use permit must be obtained .prior to the start of developlnel1t
9. Outside lighting shall be designed and placed in such a manner as to eliminate
glare and illumination of the adjoining roadways and properties, in accordance
with City Ordinance Section 11-13-4.C.
10. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publicatio.n Catalog
of Storm Water Best Managelnent Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction whicl1 has authority over the receiving strealn
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications witll the Idaho Department of
Water Resources regarding Shallow Injection Wells.
11. All signage sllall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance.
12. It is the applicant's responsibility to ensure that all constru.ction conforms to the
requirements of the Americans with Disabilities Act.
13. Applicant's (or successor's) failure to comply with any of the terms of approval
of the conditional use .permit shall be cause for revocation of the conditional use
permit.
OTHERAGENCYIDEPARTMENT COMMENTS & CONDITIONS
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed~
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SANITARY SERVICES COMPANY
1 ~ Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal prior to tIle public hearil1g~ Tllere is a concenl that the required
modifications may significalltly impact your site design and may require a revised
site plan. If the site plan is revised, contact the planner assigned to the project
ilnmediately to discuss the cllanges atld how to proceed with the revised site plan4
2. Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal and submit stalnped (approved) plans with your certificate of zoning
compliance application.
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bactelia
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department
a~ Fire Hydrants shall have the 4 ~" outlet face the main street or parkil1g lot
aisle4
b~ The Fire hydrant shall not face a street which does not have addresses on
it
c. Fire hydrant markers shall be provided per Public W arks spec~
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits4
f Fire hydrants sIlaIl not have any vertical obstructions to outlets within 1 0' 4
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509..5~
3 ~ All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. All driveways shall be straight or have a turning radius of 28' inside and 48'
outside and shall have a clear driving surface Wllic.h is 20' wide.
5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping.
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an -all weather surface are required before combustible construction is brought on
si te4
7~ The roadways shall be built to Ada County Highway Standards cross section
requirements and shall have a clear driving surface, available at all times, which is
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20' wide~ Streets witll less than a 29' street width shallllave no parking~ Streets
with less tllan 33' shallllave parl(ing only on one side. These measurements shall
be based on the face of curb dimensiol1.
8. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
9. The 8 office/commercial lots lot will have an unknown transient population and will
have an unlmown impact on Meridian Fire Department call volumes. The Meridian
Fire Departmellt has experienced 2397 responses in tile year 2003. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reacll2800 in the year 2005 and 3800 by the year 2010.
1 O. Maintain a separation of 5' from the building to any dumpster enclosure.
11. Provide a Knox.box entry system for the complex prior to occupancy.
12. TIle first digit of the Office Suite shall co.rrespond to the floor level.
13. The applicant shall work with city staff to provide an address identification plan
including a pylonlmonUlnent sign at the required intersection(s).
14. All aspects of the building systelTIS (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
15~ Provide exterior egress lighting as required by the International Building & Fire
Codes.
16. Where a portion of tile facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 .m) from a hydrant 011 a fire
apparatus access road, as measured by an. approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler systeln installed in accordance with Section 903.3.1 ~ 1. or 903.3.1 ~2 the
distance requirement shall be 600 feet (183)~
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equi.pped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3~ 1.2, the
distance requirement shall be 600 feet (183 m).
17. There shall be a fire hydrant within 100' of all fire department connections.
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18~ Buildings over 30' ill height are required to have access roads in accordance with
Appendix D Section DIGS.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
1. Payment of an overlay fee and the standard impact fee will be determined by
ACHD Developlnent Services and will be due prior to obtaining a building permit
or occupancy.
2~ On Wells Street the applicant will be required to do one of the following:
a. Dedicate by donation an additional 2-feet of right-of-way on Wells Street
abutting the parcel by means of recordation of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs
first. Allow up to 30 business days to process tIle right-of-way dedication
after receipt of all requested materiaL
b. .00 not dedicate additional right-of-way, but construct a 5-foot wide concrete
sidewalk adjacent to the curb along Wells Street, and provide the District with
an easement for allY portion of tIle sidewalk located outside of the right-of-
way.
3. On Wells Circle the applicant will be required to do one of the following:
a~ Dedicate by donation an additional 2-feet of right-of-way on Wells Circle
abutting tIle parcel by means of recordation of a warranty deed prior to
issuance of a -building permit (or other required permits), whichever occurs
first Allow up to 30 .business days to process the right-of-way dedication
after receipt of all requested material~
b. Do not dedicate additional right-of-way, but construct a 5-foot wide concrete
sidewalk adjacent to the curb along Wells Circle, and provide the District with
an easelnent for any portion of the sidewall{ located outsid.e of the right-of-
way~
4. Construct Wells Street as one .half of a 40-foot street section with vertical curb,
gutter and 5- foot attached concrete sidewalk with parking prohibited on both
sides.
5. Construct Wells Circle as one half of a 40-foot street section with vertical curb,
gutter and 5-foot attached. concrete sidewalk with parking prohibited on both
sides.
6. Construct the cul-de-sac on Wells Circle to provide a .minimum turning radius of
45-feet The cul-de-sac will need to be paved it's full width and length with a 1-
foot gravel shoulder and borrow ditch.
7~ Construct one curb return type driveway 25-feet wide, located approxilnately 360-
feet west of tIle east property lil1e on Wells Circle as proposed~ The applical1t has
the option to Inove the proposed driveway on Wells Circle approximately 175-
feet to the east. This l1ew driveway location would Ineet district policy al1d would
be approved by ACHD~
8~ Construct one curb return type driveway on Wells Street with a center island that
is a minimum of 4- feet in width and has a total of 1 00 sq ft The driving lanes
should be no wider than 20- feet on either side of the cel1ter island.
9~ Pave the driveway its full width and at least 3D-feet into the site beyond the edge
of pavement of the roadway and install pavement tapers with 15- foot radii
abutting the existing roadway edge~
10. It is the ap.plicant's responsibility to move the existing phone service, fire hydrant,
water main and or sewer located in the right-of-way at the terminus of Wells
Circle out of the right-of-way and work with the .property owner to the north to
provide her continuity regarding these services~
11. Comply with all Standard Conditions of ApprovaL
STANDARD CONDITIONS OF ApPROVAL
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details..
5. All design and construction shall be in accordance with tIle Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and ce.rtifyall improvelnent plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required .permits), which inco.rporates any required
design changes~
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7. COl1Structiol1, use and property development shall be in cOl1formance with all
applicable requirelnents of the Ada County Higllway District prior to District
approval for occupancy.
8. Paytnent of applicable road ilnpact fees are required prior to building construction
ill accordance with Ordinance #200, also known as Ada County Highway District
Road hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existillg utilities within the
rigllt-of-way.. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant~ TIle applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant sIlal! contact ACHD Traffic Operatio.ns 387-
6190 in the event any ACHD conduits (spare or filled) are comprolnised during
any phase of construction.
10. No change in the terms and conditions of this ~pproval shall be valid unless they
are in writing and signed. by the applicant or the applicant's authorized
representative and an authorized. representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change froln the Ada County Highway District
11. Any change by the ap.plicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its su.ccessors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought
CENTRAL DISTRICT HEAL T.R DEPARTMENT
1 ~ This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding proble.m.
4~ Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5~ The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
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stormwater Inanagement systelTI tllat preve.nts groundwater al1d surface water
degradati on ~
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. If all stann drainage is retained on-site there will be no ilnpact on N ampa &
Melidian Irrigation District and no further review will be required. However, if
any surface drainage leaves the site, the Nampa & Meridian Inigation District
requires that a Land Use Change Application is filed for review prior to final
platting~ Please contact Donna Moore at 466- 7861 for further information~
2. All laterals and waste ways must be protected.
3. The developer lnnst comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District
IDAHO T.RANSPORT A TION DEPARTMENT
1 ~ There is no access allowed to the interstate for development
2~ Nose abatement (benns, fences, etc..) will be the responsibility of the developer
and will be constructed off of the State Right of Way, see enclosed Noise
Abatelnent Measures.
3. If any work is to be performed within the State Right of Way then the applicant
must obtain an approved access permit from this department prior to construction.
Also other requirements may 11ave to be met Please have the applicant contact
Matt Ward at our office located at 8150 Chinden Blvd" in Boise or call (208) 334-
8341 to obtain a pennit
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EXHIBIT G
Wyndstone Place Subdivision
AZ-OS-OIO
Zoning Amendment Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments, both the Plarnling & Zoning Commission and Council are required
"to review the particular facts and circumstances of eacll proposed zoning amendment in
terms of the following standards and shall find adequate evidence answering tIle
following questions about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis by City Council:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Chapter VII of the Comprehensive Plan, 'office' is defined as areas providing
opportunities for low-impact business. Uses would includ.e offices, technology
and resource centers; ancillary comlnercial uses may be considered. City Council
finds that the requested zoning desigllation, L-O, is harmonious witll and in
accordance with the 2002 Comprehensive Plan and the Future Land Use Map,
which designates the land to be "office".
City Council also -finds the following 2002 Comprehensive Plan text policies to be
applicable to this application (analysis is in italics below policy):
· "Permit new · · · commercial development only where urban services can be
reasonably provided at tIle time affinal approval and. development is
contiguous to the City~" (Chapter IV, Goal I, Obj. A, #6)
The site is currently contiguous to the Meridian City limits. Sanitary sewer
and water to serve this development is currently available in South Wells
Circle, and from a sewer main running along the western property boundary.
· "Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal III, Obj. D, #5)
City Council has included conditions for landscaping within this report.
· - "Consider 'Accommodating Bicycle and Pedestrian Travel: A Recommended
Approach' from the National Center for Bicycling and Walking in all land use
decisions~" (Chapter VI, Goal II, Obj. A, #3)
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This publication encouragesjurisdictions to establish bi/ceway and walkway
facilities in new constrllction and reconstruction projects, in a manner that is
safe, accessible and convenient. .The applicant will be required to construct 5-
foot wide sidewalks adjacent to Wells Street and Wells Circle as conditions of
approval.
· "Plan. for a variety of commercial and retail opportunities within the Impact
Area." (Chapter VII, Goal 1, Objective B)
City Council believes that the proposed L-O zone contributes to the variety of
uses in this area, as envisioned with the Comprehensive Plan~
· "Require screening and .buffering of cOlnmercial and industrial pro.perties and
residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6)
The applicant is proposing a transitional zoneJ L-O, between the residences to
the west and the commercial uses to the east. The applicant is also proposing
to construct landscape screening/buffering for the existing single-family uses
to the north and west. The Landscape Ordinance requires a minimum buffer
width of20-feet between single-family residences and office uses. As long as
the landscape buffers are constructed in accordance with Meridian City Code
(MCC) 12-13, City Council believes the intent of this policy is met with the
submitted site and landscape plans~
· "W11ere the pr:oject is developed adjacent to low or medium density residential
uses, a transitional use is encouraged" (Chapter VII, pg~ 98)
As noted aboveJ the L-O zone is considered a transitional zone between
residential and commercial uses.
In addition, in the applicant's letter (from Shawn Nickel) other Comprehensive
Plan policies are listed supporting the annexation and proposed office uses on the
property. City Council finds that if the applicant complies with the conditions
included in this report, the overall design of the development would be in general
conformance with the City of Meridian Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat and conditional use :permit for a professional office
park (PP-OS-OI2 & CUP-05-014). Uses such as medical and dental clinics and
laboratories, accounting services, and administrative services are principally
permitted in the L-O zone. City Council does not anticipate that the applicant
plans to rezone the subject property in the future if the subject applications are
approved for office.uses.
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c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
City Council finds that uses such as medical and dental clinics and laboratories,
accounting services, and administrative services are principally permitted in the
L-O zone. City Council believes that if the subject zoning amendment is
approved, the subject property will be developed with office uses allowed
(principally permitted.) in the requested. zone.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
The properties in this area are transitioning froln low density residential uses to
commercial/urban type uses.. Developments in the Magic View Subdivision
include a credit union and bank, a 30,300 square-foot multi-te.nant office building,
Subway and medical/clinical services. In addition, two new hotels have opened
just to the east of the subject site. .Woodbridge Subdivision is a 260 +/- lot
residential subdivision approximately ~ mile to the west that connects with Magic
View Drive and is largely built-out at a medium density.
As development occurs ACH.D is requiring that the local/commercial streets in
Magic View Subdivision be wid.erred and that developers construct sidewalk
adjacent to the developing sites. Further, this site lies within an extraordinary
impact fee overlay zone. This overlay zone was established to install tIle
infrastructure for the redevelopment of the rural lots within Magic View
Subdivision, in anticipation of the lots redeveloping to commercial. The ACHD
now requires that developers within this overly zone pay into a reimbursement
fund for the costs that were associated witll construction of the new road from the
intersection of Eagle Road and 81. Luke's drive, to the intersection of Magic View
Drive and Allell Drive (see ACHD for more information).
City Council finds tllat annexation and zoning and developing of the subject
property with office uses would be compatible with other nearby land uses and
facili ty changes in the area.
E. Will the proposed uses be designed, constructed, operated and maintained to
be4'harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
C.
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City Council finds that the proposed office zone/uses will change the existil1g
character of the area, but tllat the proposed zone and office uses should be
l1anl1onious and appropriate in appearance with the existing and intended
character of the area~ City Council finds that future uses, if designed, constructed
and operated in accordallce with adopted city ordinances and conditions of
approval for the subject applications, should be hannollious and appropriate in
appearance with the intended character of the vicinity.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
To luitigate the possible noise and visual disturbances of tile proposed office uses
on neighboring properties, the applicant is proposing to construct a 20-foot wide
landscape buffer along the entire west, and a portion of the north, property lines.
City Council is supportive of the proposed landscape buffer along the west and
north property lines, abutting the single-family residences.
A potential disturbance of allowing this site to develop with. office uses has to do
with vehicular access to and from this site. The applicant is proposing a driveway
to Wells Circle, which currently provides residential access only. Increasing the
traffic volumes on Wells Circle may be an inconvenience to the existing
residences. However, tIle existing residences that access Wells Circle are also
anticipated to develop with similar (office) uses in the future. Further, ACHD
considers access points in their analysis of projects and has prepared a report that
requires the applicant to improve both Wells Circle and Wells Drive to their
commercial streef standards. City Council finds that the pro.posed uses (access)
should not be hazardous to neighboring uses if the abutting roadways are
improved to ACHD's standards.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
The Meridian Fire, Public Works and Parks Departments were represented at a
comments meeting held on March 25, 2005 for this app]ication~ The Fire
Department, Public Works Department and Parks Department provided comments
that services could be provided. to this site (all of the detailed comments from the
Fire .Department and other agencies/departments are at the end of this report).
Sanitary Service Company (SSe) currently provides service to adjacent properties
in 1he area. The Commission and Council will need to reference any additional
written or verbal testimony submitted by the Meridian Public Works Department,
Nampa Meridian Irrigation District, Idaho Power, and other service providers
regarding this finding.
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Sal1itary sewer and water to serve tllis developluent is currently available 011 the
west and n01111 sides. There is an eight-inch sewer stub on the western property
line. Water is available on the nortll and west side and tIle applicant sllall be
required to connect at two points to facilitate flows through tllis developlnent
The ACHD approved this develo.pmel1t at staff level 011 April 5, 2005. Because
vehicular access to this site is currently provided from substandard streets (Wells
Street & Wells Circle), ACHD is requiring tIle applicant to install improvements
such as curb, gutter, sidewalk, and pavement widening. Please review the ACHD
report for additional information regarding this finding.
The applicant and/or future property owners may be required to pay parl( and
highway impact fees as well as construct on-site stann water drainage facilities.
City Council finds that the property proposed for annexation and zoning can be
served adequately by all essential public facilities and services.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, th.e developer will be financing the extension of sewer, water, local
street infrastructure, utilities and irrigation services to serve the project The
primary public costs to serve the future residents will be fire and police facilities
and services. City Council finds tllere will not be excessive additional
requirements at public cost and that the proposed zo.ning and subsequent
development will not be detriluentaI to the community's economic welfare.
I. Will the proposed uses not involve uses, activities, .processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
ACHD estimates that this development will generate an additional 515 vehicle
trips per day.. City Council recognizes that traffic and .noise will increase with the
approval of this development; however, City Council does not believe tllat the
amount generated will be detrimental to the general welfare of the public. City
Council does not anticipate the proposed annexation and subsequent uses will
create excessive .noise, smoke, fumes, glare, or odors. City Council finds that the
proposed commercial zoning/use will not be detrimental to people, property or the
general welfare of the area.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
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TIle applicant is proposing to COl1StruCt one new driveway to Wells Street and one
l1ew driveway to Wells Circle~ The proposed access points meet ACHD .policy for
location. ACHD considers vehicular approaches in their analysis of projects and
l1as prepared a report that approves the proposed driveway locations. If the
proposed vehicular approaches and abuttil1g streets are approved and accepted by
ACHD, City Council does 110t believe that the development will create
interference with traffic on the sun"ounding public streets.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council finds that there are some existing trees and other mature landscaping
on this site. Any existing trees larger than 4" caliper that are removed shall be
mitigated for, per the Landscape Ordinance (MCC 12-13-13). The applicant notes
that 8 trees with a total of 128 caliper inches will be relTIoved. The applicant is
proposing to mitigate 73 of the 128 caliper inches by constructing additional trees
within the 1-84 landscape buffer. The remaining 55 caliper inches are from dying
or hazardous trees that do not need to be mitigated. The applicant should work
with the City Arborist, Elroy Huff, on implementing a mitigation plan. If any trees
are deemed to be a hazard, diseased or dying by the City Arborist, prior to
removal, Initigation will not be required for those trees.
City Council finds that the proposed annexation and zoning should not result in
the loss or damage of any natural or scenic features, as long as the existing trees
that are removed are mitigated.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)"
City Council finds that all essential services are available or will be provided by
the d.eveloper to the subject property and will not require unreasonable
expenditure of public funds. The applicant is .proposing to develop tile land in
substantial compliance with the City's comprehensive plan and development
ordinances. The land to the east of the subject property was recently annexed into
the City and this is a logical expansion of the City limits. In accordance with the
findings listed above, City Council finds that the annexationlzonini! of this
property would be in the best interest of the CitY4
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EXHIBIT H
Wyndstone Place Subdivision
PP-05-012
Preliminary Plat .Findings
Meridian City Code (MCC) 12-3-3 J~2 and 12-3-5 D read as follows: "In detennining the
acceptance of a proposed subdivision, the Commission/Council shall consider the
objectives of this title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
Please see Annexation and Zo.ning item "A".
B~ The availability of public services to accommodate the proposed
development;
City Council finds that public services can be Inade available to acco.mmodate the
proposed development" Please see Annexation and Zoning items "G" and. "H" for
more details~
c. The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the development
at tlleir cost, City Council finds that the subdivision will not require the
expenditure of capital improveluent funds.
D. The public Imancial capability of supporting services for the proposed
development;
Please see Annexation and Zoning itelTI "H" and the Other Agency Comments
and Conditions at the end of this report for more detail.
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council is not aware of any health, safety or environmental problems
associated with the development of this subdivision. ACHD considers road safety
issues in their analysis.
EXHIBIT I
Wyndstone Place Subdivision
CDP-05-0.14
CUP/PD Findings
The Commission and COUI1CiI shall review the particular facts and circumstal1ces of each
proposed conditional use in terms of the following al1d may approve a conditional use
pennit if they shall find evidence presented at the hearing(s) is adequate to establish (I 1-
17-3):
A. That the site is large enough to accommodate the proposed use
and all yards, open spaces, parking, landsca.ping and other
features as may be required. by this ordinance;
As part of the Planned Development (PD) the applicant is requesting relief from
the standard street frontage and building setbacks of the .L-O zone, as required by
Meridian City Code~ The applicant has also requested an alternative to the
standard entryway corridor landscaping required along the on-ramp to Interstate-
84.
Parking stalls are currently required by ordinance at the rate of one space per 400
square-feet of gross floor area for professional offices and one space for every
200 square-feet for clinics (MCC 11-13-5.B). Compliance with parking
requirements will_be monitored by the Planning & Zoning Department through
the Certificate of Zoning Complial1ce issuance for individual buildings/users.
City COUI1CiI finds that the subject property is large enough to accommodate the
requested use and all other required ordinance features. Although the site is large
enough to accommodate all of the features required by ordinance, the applicant
l1as asked, through the Planned Development, to modify specific development
standards.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
Please see Annexation and Zoning item "A" ~
c. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
Please see Annexation & Zoning item "E".
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D. That the proposed use, if it complies w.ith all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council finds that if tIle applicant cOlnplies with all conditions imposed, the
proposed deveIoplnent will not adversely affect other pro.perties in the vicinity.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Annexation & Zoning items "G" and "H", the Other Agency
Comments and COl1ditions, and any comments that may be submitted to the City
Clerk regarding this proj ect.
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Please see Annexation & Zoning item "H".
G. That the proposed use will not involve activities or processes, mater.ials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, s.moke, fumes, glare or odors;
Please see Annexation and Zoning items "1" and "J".
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Please see Annexation & Zoning item "J".
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
Please see Annexation & Zoning item "K".
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 4.63 Acres from RUT (Ada
County) to L-O (Limited Office District) AND Preliminary Plat Approval of Eight (8)
Buildable Office Lots and Three (3) Common/Other Lots AND Conditional Use Permit
Approval for a Planned Development for a Professional Office Complex with a Request for
Reduced Building Setbacks and Reduced Lot Frontages for Wyndstone Place Subd.ivision,
by Quasar Development, LLC.
Case No(s): AZ-05-010, PP-05-012, CUP-05-014
For the City Council Hearing Date of: May 17, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council pu.hlic hearing, the first publication appearing and written notice
mailed to pro.perty owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. TIle notice of . public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly considered by th.e City Council at the May 17,2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full op.portunity to express COlnments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c~ The Plannin.g and Zoning Commission co.nducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly co.nsidered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affi.davit of Publication. and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FlNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-OS-O 1 0 I PP-OS-O 12 / CUP-OS-O 14- PAGE I Of 5
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3. A:pplicatioll and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommel1dation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is B & F Ente~prises.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits G, H, and I for the findings required for tl1ese applications.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.e. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision. and
Develo.pnlent Ordinances codified at Titles 11 and 12, Meridian City Code, an.d all
current zoning maps thereof The City of Meridian has, by ordinance, established the
Im.pact Area and the Amend.ed Comprellensive Plan of the City of.Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
g 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5~ It is found. public facilities and services required by the pro.posed development will not
iln:pose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of ap.proval in accordance with this Decision, Wl1ich
shall be signed by tIle Mayor an.d City Clerk and tllen a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected .party req.uesting .notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated Fe.bruary 8, 2005 as shown in Exllibit B, the Site Plan dated January 27,2005 as
shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the
CUP/PD Site Specific and Standard Conditio.us as shown in Exhibit F. The conditions
are concluded to be reasonable and the applicant shall.meet such requirements as a
condition of approval of the application.
c. Decision and Order
CITY OF MERIDIAN FIN.DINGS OF FACT~ CONCLUS.IONS OF LAW AND DECISION & ORDER
CAS.E NO(S). AZ-OS-O t 0 / PP-OS-O 12 / CUP-OS-O 14- PAGE 2 Of 5
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Pursuant to the City Council's autllority as provided in Melidian City Code ~ 12-3-5 and
based upon th.e above and foregoing Findings of Fact which are herein ad.opted, it is hereby
ord.ered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated February 8, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated
January 27,2005 is hereby conditionally approved; and,
3. TIle Site Specific and Standard Conditions are as shown in Exhibits E and F~
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please ta.ke notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by th.e council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building pennits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to tIle cOlnmission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review~ The
ap,plication for tifl?e extension shaI.1 be submitted. at least thirty (30) days prior to tIle
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within tllis eighteen (18) month period. For .projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event t]lat
the develo:pment is luade in successive co.ntiguous segments or multiple phases, such
pllases s.hall be constructed within successive intervals of one year from the original
date of approval by the council~ lfthe successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take .notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the req.uest for ap:proval of the final
plat After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E~ Notice afFinal Action and Right to Regulatory Takings Analysis
1. 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
witll the City Clerk. not more than twenty-eight (28) days after the final decision
CITY OF MERIDIAN FINDI.NGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-OS-O 1 0 I PP-OS-O 12 I CUP-OS-O 14- PAGE 3 Of 5
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concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code~
F . Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (with conditions)
Exhibit C: Approved Site Plan (with conditions)
Exhibit D; Annexation and Zoning Comments
Exhibit E: Preliminary Plat Site Specific and Standard Conditions
Exhibit F: CUP/PD Site Specific and Standard Conditions
Exhibit G: Zoning Amendment Findings
Exhibit H: Preliminary Plat Findings
Exhibit I: CUP!PI? Findings
By action of the City Council at its regular meeting held on the
2005.
:rh
day of
COUNCIL l\ffil\1BER SHAUN WARDLE
VOTED
COUNCIL l\ffil\1BER CHRISTINE DONNELL
VOTED
~
COUNCIL l\ffiIvmER CHARLIE ROUNTREE
VOTED
COUNCIL l\ffil\1BER KEITH BIRD
VOTED
MAYOR TAMl\1Yde WEERD
(TIE BREAKER)
VOTED ~.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-010 I PP-05-012 I CUP-05-014- PAGE 4 Of 5
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Attest:
and City Attorney.
(
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Dated: 5-d5 ~05
By:
City Clerk's Office
CI.TY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEe.ISfON & ORDER
CASE NO(S). AZ-OS-O I 0 / PP-OS-O 12 / CUP-OS-O 14- PAGE 5 Of 5
EXHIBIT B
Wyndstone Place Subdivision
PP-05-012
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EXHIBIT A
Wyndstone Place Subdivision
AZ-05-010
Legal Description
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04/2'1/05 08:38 FAX 8-98!1139
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Annexation legal Description
Wyndstone Place
A parcel tocated in the SE X of Section 17f Township 3 North. Range 1 Eastr Boise
Meridian. Ada Covnty~ Idahof and being part of lot 19 of Amended Magic View
Subdivision as shown in Book 52 of Plats at Page 444.5 in the offICe of the Recorder.
Ada County t Idallot more particura rly described as follows:
B EGI NNI N G at a 5/8 inch diameter iron pin marki ng the northwest cor~er of said Lot 19~
from which a Brass- Cap monument marking the northwest comer of said SE % {Center
%} bears N 0"'Q3'13111 W a distance of 795~53 feet;
Thence along the northerly boundary of said lot 19 the following described courses;
Thence S 8SQ41l2.6D E a distance of 203~ 18 feet to a 5/8 inch diameter iron pin:
Thence N 0018134~ E a distance of 25.00 feet to a 5/8 inch diameter iron pin;
Thenco S 89041'26" E a distance of 428.35 reet to a SIB inch diameter iron pin
marking "the northeast corner of said Lot 19;
Thence continuing S 89041l26ft E a distance of 25~39 feet to a point;
Thence S g048t02n E along a line 25..00 feet east of and parallel to the easterfy
boundary af said Lot 19 a distance of 179..93 feet to a point on the northerly right-of-way
of Interstate 84 Ramp DA as shown on the plans of Interstate 84 Project No. fR-84-
1(12)45 on file in the office of the Idaho Transportation Departmenl, District 3, Division
of Highways;
Thence a!ong said northerly right",of-way the fOllowing described courses;
Thence a distance of 25~67 feet along the arc of a 3729..72 foot radius non~
tangent curve right, said curve having a central angle of Ot:l23'40u and a long
chord bearing 5 671l04r36Jf W a distance of 25.67 feet to a 5/8 inch dfameter iran
pin on the easterly boundary of said Lot 19;
Thence leaving said easterly boundary S 68D46'398 W a distance of 600~71 feet
lo a brass cap monument;
Thence S 71Q47l10U W a distance of 13.03 feet 10 a brass cap monument;
Thence S 75025145" W a distance of 94.17 feet to a 112 inch diameter iron pin
marldng the southwest come r of said Lot 19;
(. ...
04/21/05 08:38 ~~X 8SS91JO
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Thence leaving said northerly right...af-way N; OD03'13-1 W along the westerty boundary of
said Lot. 19 a distance of 410.,28 feet to the POINT OF BEGI.NNlNG4
This parcel contains 4~74 acres and is subject to any easements existing or in use.
Clinton W. Hansent PLS
Land Solutions, PC
April 201 2005
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04/21/05 08:38 F~t S8S91~O
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EXHIBIT C
Wyndstone Place Subdivision
CUP-05-014
Approved Site Plan
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Business Park
Meridian~ fdaho
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EXHIBIT D
Wyndstone Place Subdivis.ion
AZ-05-010
Annexation and Zoning Comments
AN.EXATION & ZONING COMMENTS
1. The legal descri.ption (dated 4-20-05, stamped by Clinton W. Hansen) shows the
:property as contiguous to the existing corporate boundary of the City of Meridian.
c.... ...;
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EXHIBIT E
Wyndstone Place Subdivision
PP-05-012
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1 ~ The preliminary plat prepared by Erickson-Civil, In.corporated, labeled sheet PP_
1, dated 2-8-05, is approved, with the conditions listed herein. All conditions of
the accompanying Annexation/Zoning (AZ-05-01 0) and Conditional Use Pennit
(CUP-05-014) ap.plication shall also be considered conditions of the Preliminary
Plat (PP-05-012).
2K The submitted Ialldscape plan prepared by Jensen Belts Associates, dated 2-14-05
is approved with the following notes/modifications.
· .Depict a 35-foot wide landscape buffer along the on-ramp to 1-84. The width
of said landscape buffer shall be allowed to include approximately 8.5-feet by
SSG-feet of ITD right-of-way, as requested. In excl1ange for counting part of
ITD's right-of-way in the buffer widtll, construct a total of 57 new trees within
the buffer. With the submittal of the final plat, sub.mit a copy of a right-of-way
e.ncroachment/license agreement with ITD for planting grass and maintaining
the .portion of the landscape buffer that lies within the right-of-way~
· Depict a lO-foot wide landscape buffer outside of the rigllt-of-way required by
ACHD for Wells Street and Wells Drive. The width of said landscape buffer
shall not include the width of tIle required sidewalks for Wells Street and
Wells Drive or other ilnpervious surfaces SUCll as parking areas. 111 accordance
with MCC 12-13-10-6, install at least one tree in the buffer for every 35-feet
of frontage on the abutting right-of-way.
· Depict a 20- foot wide .buffer along the west and .north property lines that abut
sin.gle-family residences, as :proposed. Said buffer to the nortll shall contain
Inaterials in accordance with MCC 12-13-12-3 and not include impervious
surfaces such as parking areas. Due to the existing sewer easement to the
west, the buffer along the west property line shall not interfere with access to
the sewer line and shall remain free of large trees and only contain shrubs,
flowers, and other ground cover approved by the Meridian Planning & :Public
Warks Departments.
· Any existing trees larger than 4" caliper that are relTIoved shall be mitigated
for, per the Landscape Ordinance (MCC 12-13-13). The applicant shall work
with the City Arhorist, Elroy Huff, on. implementing a mitigation plan~ If any
trees are deemed to be a hazard, diseased or dying .by the City Arborist, prior
to removal, mitigation will not be required for those trees.
The proceeding modifications/notes should be shown on a revised landscape plan
submitted with the final plat application.
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3. Prior to signature of the final plat by the City Ellgineer, remove all structures on
this site, as proposed.
4. Prior to signature of the final plat by the City Engineer, a copy of a cross
parking/cross access agreement for all of the new lots within the subdivision to
utilize the driveways alld parking areas shall .be provided4 Maintenance of tIle
drive aisles and parking areas shall.be provided for in a note on the face of the
final plat, AND/OR in. a document such as CCR's.
5. The applicant has not indicated who will OWl1 and. operate the pressurized
irrigation systelll within this development Underground year-round pressurized
irrigation lnnst be provided to all lots within this development The City of
Meridian requires that pressurized i.rrigation systems be su.pplied by a year-round
source of water. If the pressurized. irrigation system within this development is to
remain a private association system, complete plans and specifications shall be
reviewed by the Public Works Department as .part of the development plan review
process~ A draft co.py of the pressurized irrigation system O&M manual sllalI be
sublnitted :prior to plan approval. The ap.plicant shall be required to utilize any
existing surface or well water for the primary source" If a surface or well source
is not available, a single-point connection to the culinary water system shall be
required~ If a single-point connection is utilized, the developer shall be
respo.nsible for the payment of assessments for the co.mmon areas prior to
signature on the final plat by the City Engineer.
6. All irrigation ditclles, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be
approved by the appropriate irrigation/drainage district, or latera] users
association (ditch owners), witll written approval or non-approval su.bmitted to the
Public Works Department~ If lateral users association approval can't be obtained,
plans will be reviewed and ap.proved by tIle Meridian City Engineer prior to final
plat signature"
7. Construct a 6-foot tall solid vinyl fence along tl1e west and north property lines
(adjacent to the existing residences), as proposed. A d.etailed fenci.ng plan shall be
submitted upon application of the final .plat. If permanent fencing is not provided
around the entire perimeter, temporary construction fe.ncing to contain debris
must be installed around the perimeter prior to issuance of building permits. All
fences shall taper dow.n to 3-feet InaximUlTI within 20 feet of all right-of-way. All
fencin.g shall be installed in accordance with MCC 12-4-10.
89 Maintenance of all comlnon areas, including but not limited to: drive aisles,
parking areas, landscaping, etc~, shall be the responsibility of the Wyndstone
Business Owners' Association.
9. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
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off-street parking areas. Stann water treatlnent and disposal must be designed in
accordance with .Departlnent of Envirolunental Quality 1997 publicatioll Catalog
ofStonn Water Best Management Practices for Idaho Cities and Counties and
City of Meridian. standards and policies. Off-site disposal into surface water is
prohibited unless tIle jurisdiction which has authority over the receiving strealTI
provides written authorization prior to development plan approval. TIle applicant
is responsible for filing all .necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
10. Sewer and water service shall be via main line extension fro:m the existing mains
adjace.nt to the subject site. The subdivision designer to coordinate main sizing
and routing with tIle Public Works Department. The applicant sIlalI execute City
of Meridian standard forms of easements, for any mains that are required to
provide service.
11. Applicant shall design a gravity irrigatio.n delivery system. sufficient to satisfy all
adjacent properties.
12. Applicant agrees to reinstall the fencing removed at the end of Wells Circle. This
is not a condition set forth by the city, .but it's agreed to by the applicant.
G.ENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of the site shall be performed in conformance with MCC 11-12-3H.
2. Sidewalks shall be installed within the subdivision and on the perim.eter of tIle
subdivision pursuant to MCC 12-13-10-8.
3. A letter of credit or cash surety in the amount of 110% will .be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc~, prior to
signature on the final plat.
4. A detailed landscape and fencing plan, in compliance with the landscape and
su.bdivision ordinance and as noted in this report, sIlalI be submitted for the
subdivision with the final plat application.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department
6. Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department. All
streetlights shall be installed at su.bdivider's ex.pense. Typical locations are at
street intersections and/or fire l1ydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power COlnpany. The
street light co.ntractor shall obtain design and :permit from the Public Works
Department prior commencing .installations~
(.. .
7~ Any tree over 4" in caliper t11at is removed from the property s11alJ be replaced by
installillg ad.ditional 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 .mitigated.
8. Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retentiol1 basins) must be designed to ensure that water
will percolate or discharge witll a period of time not to exceed 24-hours for all
storms up to and including a 1 DO-year storm eve.nts. Side slopes withill drainage
areas shall not exceed 3: 1. Any portion of a drainage area n.ot ilnproved with
sod/grass seed (or other approved landscaping) shall not count towards the
required open space area. The project engineer should .pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer sllall be
required to certify tllat the street centerline elevations are set a minimum of 3-feet
above the highest establisl1ed normal ground.water elevation~ This is to ensure
that the bottom elevation of the crawl spaces of :homes is at least I-foot above
gro.undwater.
99 The applicant shall coordinate mailbox locations with tIle Meridian Post Office.
1 O~ Any existing dOlnestic wells and/or septic systems within this project will have to
.be relTIoved from their do.mestic service per City Ordinance Section 9-1-4 and
9-4-8~ Wells may be used for non-domestic .purposes such as landscape irrigation.
11. Co.mpaction test results must be submitted to the Meridian Building Department
for all building .pads receiving engineered backfill, w.here footing would sit atop
fill material.
12. Applicant's engineer will be required to submit a signed, stamped stateme.nt
certifying that all street finish centerline elevations are set a minimu.m of three
feet above the highest established normal gro.undwater elevation.
13. All development features shall comply with the Americans with Disabilities Act
and the F air Housing Act
14. The ap.plicant sIlaIl be required to pay Public Works developmel1t plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
15. Applicant shall be responsible for applicatio.n and conlpliance with any Section
404 Permittin.g that may be req.uired by the Army Corps of Engineers.
16~ A.pplicant shall be responsible for applicatio.n and compliance with and NPDES
Permitting that may be required. by the Environmental Protection Agency.
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17. Staffs failure to cite specific ordinance provisions or tenus of the approved
alUlexation/conditional use does not relieve the applicant of responsibility for
compliallce.
18. Prelilninary plat approval shall be subject to the expiration provisions set fortll in
MCC 12-2-4.
OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS
MERIDIAN PARKS D.EP ARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
SANITARY SERVICES COMPANY
1. Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal prior to the public hearing~ Tllere is a concern that tIle required
.modifications may significantly impact your site design and may require a revised
site plan. If the site plan is revised, contact the planner assigned to the project
immediately to discuss the changes and. how to proceed with the revised site plan.
2. Please contact Bill Gregory at sse (888-3999) for detailed revi.ew of your
,proposal and subtnit stamped (approved.) plans with your certificate of zoning
compliance application.
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be .by the Meridian Fire
Department.
a. Fire Hydrants shall have tIle 4 Y;" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical o.bstructions to outlets within 10'.
g. Fire hydr~nts shall be place 18" above finish grade.
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h~ Fire hydrants shall be provided to meet the requirelnents of the IFC
Section 509.5.
3 ~ All el1trance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
44 All driveways shall be straight or have a turning radius of 28' inside and 48'
outside and shall have a clear driving surface which is 20' wide~
5~ Fire lanes and streets shall have a vertical clearance of 13 '6". This il1cludes
mature landsc8:ping~
6. Operational fire .hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible co.nstruction is brought on
si te~
7. The roadways shall be built to Ada County Highway Standards cross section
requirements and shall have a clear driving surface, available at all times, which is
20' wide~ Streets with less than a 29' street width shall have no parking. Streets
witllless than 33' shall have parking only on one side. These measurements shall
be .based on the face of curb dimension.
8~ COIDlnercial and office occupancies will require a fire-flow consistent with tIle
International .Fire Code to service the proposed .project~ Fire .hydrants shall be
.placed per Appendix D.
9~ The 8 office/conunerciallots lot will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes~ The Meridian
Fire Departme.nt has experienced 2397 responses in the year 2003. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are proj ected to reach 2800 in the year 2005 and 3800 .by tIle year 20 1 O.
10. Maintain a separation of5' from the building to any dumpster enclosure.
11~ Provide a Knoxbox entry system for the complex prior to occupancy.
12. The first digit of the Office Suite sllall correspond to the floor level.
13 ~ The applicant shall work with city staff to provide an address identification plan
including a .pylon/monument sign at the required. intersection(s).
14~ All aspects of the building systems (including exiting systetTIs), processes & storage
practices shall be required to comply with. tIle International Fire Code~
15~ Provide exterior egress lighting as required by the International Building & Fire
Codes4
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16. Where a portion of the facility or building hereafter constructed or moved into or
witIrin the jurisdictiol1 is more than 400 feet (122 m) froIn a hydrant on. a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and maills shall be provided where required
by the code officiaL For buildings eq.uipped throughout with an approved automatic
sprinkler system installed in accordance witll Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183)4
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For b.uildings equipped throughout with an approved autolnatic sprinkler
system installed in accordance with Section 903.3 .1.1 or 903 .3 .1.2, the
distance requiretnent shall be 600 feet (183 In).
17. There shall be a fire hydrant witl1in 100' of all fire department co.nnectionS4
18. Buildings over 30' in l1eight are required to .have access roads in accordance with
Appendix D Section DI05.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
1 ~ Payment of an overlay fee and the standard impact fee will be d.etennined .by
ACHD Development Services and will be due prior to obtaining a building pennit
or occu.pancy~
2. On Wells Street the applicant will be required to do one of the following:
a4 Dedicate by donation an additional 2-feet of rigllt~of-way on Wells Street
abutting the parcel by means of recordation of a warranty deed prior to
issuance of a building permit (or other required pe.rmits), wl1ichever occurs
first. Allow up to 30 business days to process th.e right-of-way dedication
after receipt of all requested material~
b. Do not dedicate additional rigllt-of-way, but construct a 5-foot wide concrete
sidewalk adjacent to the curb along Wells Street, and provide the District witll
an easement for any portion of the sidewalk located outside of the :right-of-
way~
3. On Wells Circle the applicant will be required to do one of the following:
a. Dedicate by donation an additional 2-feet of right-of-way on Wells Circle
abutting the .parcel by .means of recordation of a warranty deed prior to
issuance of a building permit (or other required permits), wllichever occurs
first Allow up to 30 business days to process the right-of-way dedication
after receipt of all requested material.
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b. Do not dedicate additional right-of-way, but construct a 5-foot wide concrete
sidewalk adjacent to the curb along Wells Circle, al1d provide the District with
an easement for any portion of the sidewalk located outside of tIle right-of-
way~
4~ Construct Wells Street as one half of a 40-foot street section with vertical curb,
gutter and 5-foot attached concrete sidewalk with parking prohibited on both
sides.
5. Construct Wells Circle as one half of a 40-foot street section witll vertical curb,
gutter and 5-foot attached concrete sidewalk with parking prohibited on both
sides ~
6~ Construct tIle cul-de-sac on Wells Circle to provide a minimum turning radius of
45-feet The cul-de-sac will need. to be paved it's full width and. length with a 1-
foot gravel sh.oulder and borrow ditch.
7. Construct one curb retulTI type driveway 25-feet wide, located approximately 360-
feet west ofth.e east property line on Wells Circle as proposed~ The applicant has
the option to move the proposed driveway on Wells Circle approximately 175-
feet to the east. This new driveway location would lneet district policy and would
.be approved by ACHD.
8~ Construct one curb return type driveway on Wells Street with a center island that
is a minimUlTI of 4-feet in width and has a total of 100 sq ft The driving lanes
s.hould .be no wider than 20-feet on eitller side of the center island.
9. Pave the dri.veway its full width and at least 30-feet into tIle site beyond the edge
of pavement of the roadway and install.pavement tapers with 15-foot radii
ab.utting the existing roadway edge~
'10. It is the applicant's responsibility to move the existing phone service, fire hydrant,
water main and or sewer located in the right-of-way at the terminus of Wells
Circle out of the right-of-way and work with the property owner to th.e north to
provide her continuity regarding these services.
11~ Comply with all Standard Conditions of Approval.
STANDARD CONDITIONS OF ApPROVAL
1. Any existing irrigatio.n facilities shall be relocated outside of the right-of-way.
2~ All utility relocation costs associated with improving street frontages abutting tIle
site shall be borne by the developer~
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3. Replace any existing damaged curb, gutter and sidewalk and allY that Inay be
drnnaged. during the construction of the proposed developme.nt. Contact
Construction Services at 387-6280 (with file number) for details.
4~ Utility street cuts in pavelnent less than five years old are not allowed unless
approved in writing by the District. Contact th.e District's Utility Coord.inator at
387-6258 (with .file nUlnbers) for details.
5. All design and construction shall be in accordan.ce with the Ada County Highway
District Policy Manual, ISPWC Standards and. approved sup.plements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived hereil1. An engineer registered in the State of Idaho shall
prepare and certify all im.provement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design. changes4
7. Construction, use and property development sIlal1 be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Pa)'lnent of applicable road impact fees are required prior to building co.ostruction
in accordance with Ordinance #200, also known. as Ada County Highway District
Road Impact Fee Ordinance.
9~ It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The ap.plicant at no cost to ACHD shall repair existing utilities
dalnaged by the applicant. The applicant shall .be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
1 O. No change in the terms and. conditions of this approval shall be valid unless they
are in writing and signed by the applicant or tIle ap.plicant's authorized
represe.ntative and an autllorized representative of the Ada County Highway
District The burden. shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the ap.plicant to comply with all rules,
regulatio.ns, ordinances, plans, or other regulatory and. legal restrictions in force at
the time the applicant or its successors in interest advises the High.way District of
its intent to change the planned use of the subject property unless a
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waiver/variance of said requirelnents or other legal relief is granted pursuant to
the law in effect at the titue tIle change in use is sought
CENTRAL .DIST.RlCT HEALTH DEPARTMENT
l~ This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted~
2~ The Applicant's central sewage and central water plans lTIUSt be submitted to and
approved by the Idaho Department of Health & .Welfare, Division of
Environmental Quality.
3. Run-off is .not to create a mosquito breeding .problem.
4. Stormwater shall be pretreated through a grassy swale :prior to discharge to tIle
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stonnwater disposal and design a
storm water management system that .prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION DIST.RlCT
1 ~ If all storm drainage is retained on-site there will be no impact on Nampa &
Meridian Irrigation .District and no further review will be req.uired. However, if
any surface drainage leaves the site, the Nampa & Meridian Irrigation District
requires tllat a [and Use Change Ap.plication is filed for review prior to final
platting. Please contact Donna Moore at 466-7861 for further information.
2. All laterals and waste ways must be protected.
3~ The developer must comply with Idaho Code 31-3805. It 18 recommended that
irrigation water be made available to all develo:pments within the Nampa &
Meridian Irrigation District.
lDAHO TRANSPORTATION DEPARTMENT
1. There is no access allowed to the interstate for development
2. Nose abatement (berms, fences, etc.) will be the responsibility of the developer
and will be constructed off of the State Right of Way, see enclosed Noise
Abatement Measures.
3. If any work is to be perfonn.ed within the State Right of Way then the applicant
must obtain an approved access .permit from this department prior to construction.
Also other requirements may have to be met. Please have the ap.plicant contact
Matt Ward at our office located at 8150 Chinden Blvd. in Boise or call (208) 334-
8341 to obtain a permit.
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EXHIBIT F
Wyndstone Place Subdivision
CUP-OS-014
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP/PD)
1. The site plan prepared by Erickson-Civil, Incorporated, labeled sh.eet C-l, dated
1-27-05, is approved, with the conditions listed herein. All conditions of the
accompanying Annexation. and Zoning (AZ-05-01 0) application and Preliminary
Plat (PP-05-012) shall also be considered conditions of the Conditional .Use
Permit (C.UP-05-014) applicatio.n.
2. The project shall conform to the L-O dimensional standards, except as follows:
· Minimum frontage:
· Minimum setbacks:
0- feet
20-foot (front)
1 O-foot (rear)
5-foot per story (side)
1 0- foo t (street side)
No other variances, exceptions or reductions to the City adopted dimensional
standards or uses are approved with this CUP/PD application.
3~ The following amenities are required as part of the :Planned Develo.pment: water
features on Lots 10 and 11, and a sitting area on Lot 11. The amenities shall be
constructed as de.picted on the submitted landscape plan~
4. All building construction within Wyndstone Place Su.bdivision shall substantially
com.ply with the front elevations on file with the Planning and Zoning
Departlnent, prepared .by David E. Waldron. Constru.ction materials used on the
structure should be ap.proved by City of Meridian. Building Department and in
accordance with the most recently adopted City of Meridian Building Code.
5. The applicant shall coordinate the location and design of trash dUffi.pster(s) with
Sanitary Services COln.pany (SSe) staff. Trash enclosures .must be built in the
location and to the size approved by sse. All dumpster(s) must be screened in
accordance witl1 MCC 11-12-I.C. Please contact Bill Gregory at sse (888-3999)
for detailed review of your proposal and submit stamped (approved) plans with
eac:h certificate of zoning compliance application.
6. No building or other structure shall be erected, moved, added to or structurally
altered, nor shall any building stru.cture or land be established or change in. use on
this site without first obtaining a Certificate of Zo.ning Compliance (CZC) from
the Meridian Planning and Zoning Department (.MCC 11-19-1).
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7. All required ilnprovelnents luust be complete prior to obtaining a Certificate of
Occupancy for the proposed development A temporary Certificate of Occupancy
Inay be obtained b.y providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of tIle cost of tIle req.uired improvements (includillg
:paving, striping, landscaping, and irrigation). A bid must accompany allY request
for telnporary occupancy. Any te.1nporary occupancy will not exceed 60 days to
complete the required improvements~
8. If construction has not begun within 18 Inonths of City Council approval, a new
conditional use permit lnnst be o.btained prior to the start of development.
9. Outside lighting sh.all be designed and placed in such a manner as to eliminate
glare and illumination of the adjoining roadways and properties, in accordance
with City Ordinance Section 11-13-4~C.
10. A drainage .plan designed by a State of Idaho licensed architect or engineer is
req.uired and shall be sublnitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treattnent and disposal must .be designed -in
accordance with De.partment of Envirorunental Quality 1997 publicatio.n Catalog
of Storm .Water Best Management Practices for Ida.ho Cities and Counties and
City of Meridian standards and policies~ Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream
provides w.ntten authorization prior to development plan. approval. The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
11. All signage shall be in accord.ance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance.
12. It is the applicant's responsibility to ensure that all construction conforms to the
requirements of the Americans with Disabilities Act.
13. Applicant's (or successor's) failure to comply with any of the te.rms of approval
of the conditional use permit shall be cause for revocation of the conditional use
permit.
OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2~ Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
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SANITARY SERVICES COMPANY
1 ~ Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal prior to the public .hearing. There is a concern that the required
modificatio.ns may significalltly impact your site design and may require a revised
site plan~ If the site plan is revised, contact the planner assigned to the project
itnrnediately to discuss the c.hanges and how to proceed with the revised site plan.
2. .Please contact Bill Gregory at sse (888-3999) for detailed review of your
pro.posal and submit stamped (approved) plans with your certificate of zoning
compliance ap.plication.
MERIDIAN FIRE .DEPARTMENT
1.. Acceptance of the water supply for fire protectio.n will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of tIle fire :h.ydrant locations shall be by the Meridial1 Fire
Departlnent.
a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot
ai sl e.
b~ The Fire l1ydrant shall not face a street which does not 11ave addresses on
it.
c~ Fire hydrant markers shall.be provided .per Public Works spec~
d~ Locations with fire l1ydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 1. 0'.
g. Fire hydrants shall be place 18" above finish grade.
h~ Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4~ All driveways shall be straight or have a turning radius of 28' inside and 48'
outside and. shall have a clear driving surface whicl1 is 20' wide~
5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landsca.ping.
6~ Operational fire hydrants, temporary or .permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site~
7. The road.ways sllalI be built to Ada County Highway Standards cross section
requirements and. shall have a clear driving surface, available at all times, which is
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20' wide. Streets with less than a 29' street widtll shall have no .parking. Streets
with less than 33' shall have parking only on one side. These measurements shall
be based on the face of curb dilnension.
8. Commercial and office occupancies will require a fire-flow consistellt with tIle
International Fire Cod.e to service the proposed project. Fire hydrants shall be
placed per Appendix D.
9. The 8 office/commercial lots lot will have an unknown transient population and will
have an u.nknown. impact on Meridian Fire Department call volu.mes. The Meridian
Fire Department has experienced 2397 responses ill the year 2003. Accordin.g to a
report completed .by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
1 o. Maintain a separation of 5' from the building to any d.umpster enclosure.
11. Provide a Knoxbox entry system for the complex prior to occupancy.
12. The first digit of tIle Office Suite shall correspond to the floor level.
13. The applicant shall work with city staff to provide an address identification plan
including a pylon/monument sign at the required intersection(s).
14. All aspects of the .building systenlS (including exiting systems), processes & storage
.practices sIlal! be required to comply with the International Fire Code~
15. Provide exterior egress lighting as required by the International Building & Fire
Codes4
16. Where a .portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire 11ydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903 ~3 ~ 1.1 or 903 ~3 ~ 1.2 the
distance requirement shall be 600 feet (183).
a. .For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903 ~3 .1.1 or 903 .3 .1.2, the
distance requirement shall be 600 feet (183 In).
17. There shall be a fire hydrant within 100' of all fire department connections.
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18~ Buildings over 30' in height are required to have access roads in accordallce with
Appendix D Section DI05~
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
1 ~ Payment of an overlay fee an.d the standard. impact fee will.be determined .by
ACHD Development Services and will be due prior to obtaining a building perInit
or occupancy~
2~ On Wells Street the applicant will be required to do one of the following:
a~ Dedicate by donation an additional 2-feet of right-of-way on Wells Street
abutting the parcel by Ineans of recordation of a warranty deed .prior to
issuance of a b.uilding .permit (or other required permits), whichever occurs
first Allow up to 30 business days to process the right-of-way dedication
after receipt of all requested InateriaI~
.b. Do not dedicate additional right-of-way, but construct a 5-foot wide concrete
sidewalk adjacent to the curb along Wells Street, and provide the District witll
an easement for any portion of the sidewalk located outside of the rig.ht-of-
way.
3~ On Wells Circle the applicant will be required to do one of the following:
a~ Dedicate by do.nation an additional 2-feet of right-of-way on Wells Circle
abutting the parcel by means of recordation of a warranty deed prior to
issuance of -a building pe.rmit (or other required permits), whichever occurs
first. Allow up to 30 .business days to process the right-of-way d.edication
after receipt of all requested material.
b~ -Do not dedicate additional right-of-way, but construct a 5-foot wide concrete
sidewalk adjacent to the curb along Wells Circle, and provide the District witl1
an easelnent for any portion of the sidewalk located outside of the right-of-
way~
4~ Construct Wells Street as one half of a 40-foot street section with vertical curb,
gutter and 5- foot attached concrete sidewalk with parking prohibited on both
si des.
5. Construct Wells Circle as one half of a 40-foot street section with vertical curb,
gutter and 5-foot attached concrete sidewalk with parking .prohibited on botll
sides~
6~ Co.nstruct the cul-de-sac on Wells Circle to provide a Ininimum turning radius of
45-feet. The cul-de-sac will need to be paved if's full width and length with a 1-
foot gravel slloulder and borrow ditch~
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7. Construct one curb return type driveway 25-feet wide, located approxilnately 360-
feet west of the east property line on Wells Circle as proposed. The applicant has
the option to lTIOVe the proposed driveway on Wells Circle approxitnately 175-
feet to the east This .new driveway location would Ineet district policy and would
be ap.proved by ACHD.
8. Construct one curb return type driveway on Wells Street with a center island t]lat
is a minimum of 4- feet in width and has a total of 1 00 sq ft. The driving lanes
should be no wider than 20-feet on either side of the center island.
9. Pave the driveway its full width and. at least 30-feet into the site beyond the edge
ofpavetnent of the road.way and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
10. It is the applicant's responsibility to move the existing p:hone service, fire hydrant,
water main and or sewer located in the right..of-way at the terminus of Wells
Circle out of the right-of-way and work with tIle property owner to the north to
provide her continuity regarding these services.
11. Comply with all Standard Conditions of Approval.
STANDARD CONDITIONS OF ApPROVAL
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be .bome by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may .be
damaged during the construction of the proposed development. COl1tact
Construction Services at 387-6280 (with file nu.mber) for details.
4. Utility street cuts in pavement less tllan five years old are not allowed unless
approved in writing by the .District. Contact tIle District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction sllall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction. Services procedures and all applicable ACHD Ordinances unless
specifically waived. herein. An engineer registered in the State ofldallo shall
prepare and certify all improvement plans~
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), whicl1 il1corporates any required
design changes.
7. Construction, use and property developmel1t s.hall be in. conformance with all
applicable requirelnents of the Ada County Higllway District prior to District
approval for occu.pancy.
8. Pa)'lnent of applicable road impact fees are required prior to building construction
in accordance witll Ordillance #200, also known as Ada County Highway District
Road Ilnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
1 O. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the ap.plicant's authorized
representative and an authorized representative of the Ada County Higllway
District. The burden shall be upon the applicant to obtain written con.firmation of
any change from the Ada County Highway District.
11. Any change .by the applicant in the planned use of the property Wl1ich is the
subject of this application, shall require the applicant to com.ply with all rules,
regulations, ordinances, .plans, or other regulatory and legal restrictions in force at
the time the ap.plicant or its successors in interest advises the Highway _District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the chal1ge in use is sought.
CENTRAL DISTRICT HEALTH DE.PA.RTMENT
1 ~ This proposal can be approved for central sewage & central water after written
approval fronl appropriate entities is submitted.
2. T.he Applicant's central sewage and central water plans .must be submitted to and
approved by the Idaho Department ofH.ealth & Welfare, Division of
Environmental Quality.
3. Run-offis not to create a mosquito breeding probleln.
4. Stormwater shall be pretreated through a grassy swale :prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject .project shall
obtai.n current best management practices for stormwater disposal and design a
stormwater mallagement system tllat prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. If all stann drail1age is retained on-site there will be no impact on Nampa &
Meridian Irrigation District and no furth.er review will be required. However, if
any surface draillage leaves the site, the Nampa & Meridian Irrigation District
requires that a Land U.se Cllange Ap.plication is filed for review prior to final
platting. Please contact Donna Moore at 466-7861 for further information.
2. All laterals and. waste ways must be protected.
3 · The d.eveloper must camp 1 y with Idaho Code 31- 3 805. It :is recommended that
irrigation water be .mad.e available to all developments witl1in the Nampa &
Meridian Irrigation District.
IDAHO TRANSPORTATION DEPARTMENT
1. There is no access allowed to the interstate for development
2~ Nose abatement (berms, fences, etc~) will be the responsibility of the developer
and will.be constructed off of the State Right of Way, see enclosed Noise
Abatement Measures.
3~ If any work is to be :performed within the State Right of Way then the applicant
.must obtain an approved access permit from tl1is de.partment prior to construction.
Also other requirements may have to be .met. Please have the applicant contact
Matt Ward at our office located at 8150 Chinden Blvd. in Boise or call (208) 334-
8341 to obtain a pennit.
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EXHIBIT G
Wyndstone Place Subdivision
AZ-05-010
Zoning Amendment Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning CO.1umission and Council are required
"to review the particular facts an.d circumstances of each proposed zoning amendment in
tenns of the following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis by City Co.uncil:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Chapter VII of tIle COID.prehensive Plan, 'office' is defined as areas .providing
opportunities for low-impact business. Uses would include offices, technology
and. resource centers; ancillary commercial uses may be considered. City Council
finds that the requested zoning designation, L-O, is harmonious witll and in
accordance witl1 the 2002 Comprehensive Plan and tb.e Future Land Use Map,
which designates the land to be "office".
City Council also finds the following 2002 COlnprehensive Plan text policies to be
applicable to this application (analysis is in italics below policy):
· "Permit new · · · commercial development only wllere urban services can be
reasonably provided at the tilue of final approval and development is
contiguo.us to the City." (Chapter IV, Goal I, Obj. A, #6)
The site is currently contiguous to the Meridian City limits~ Sanitary sewer
and water to serve this development is currently available in South Wells
Circle, and from a sewer main running along the western property boundary.
· "Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal III, Obj. D, #5)
City Council has included conditions for landscaping within this report.
· "Consider 'Accomlnodating Bicycle and Pedestrian Travel: A Recommended
Approach' from the National Center for Bicycling and Walking in all land use
decisions." (Cllapter VI, Goal II, Obj. A, #3)
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This publication encollragesjurisdictions to establish bikeway and wallcway
facilities in new construction and reconstruction projects, in a manner that is
safe, accessible and convenient~ The applicant will be required to construct 5-
foot wide sidewal/cs adjacent to Wells Street and Wells Circle as conditions of
approval.
· "Plan for a va.riety of commercial and retail opportunities within the Impact
Area~" (Chapter VII, Goal 1, Objective B)
City Council believes that the proposed L-O zone contributes to the variety of
uses in this area, as envisioned with the Comprehensive Plan.
· "Require screening and buffering of commercial and industrial properties and
residential.use with transitional zoning." (Chapter VII, Goal IV, O.bj. A, #6)
The applicant is proposing a transitional zone, L-O, between the residences to
the west and the commercial uses to the east. The applicant is also proposing
to construct landscape screening/bufferingfor the existing single-family uses
to the north and west. .The Landscape Ordinance requires a minimum buffer
width of 20-feet between single-family residences and office uses. As long as
the landscape buffers are constructed in accordance with Meridian City Code
(MCC) 12-13, City Council believes the intent of this policy is met with the
submitted site and landscape plans~
· "Where the project is develo.ped adjacent to low or medium density reside.ntial
uses, a transitional use is encouraged" (Chapter VII, pg. 98)
As noted above, the L-O zone is considered a transitional zone between
residential and commercial uses.
In addition, in the applicant's letter (from Shawn Nickel) other Comprehensive
Plan policies are listed supporting the annexation and proposed office uses on the
property~ City Council finds that if the applicant complies with the conditions
included in this report, the overall design of the development would be in general
conformance with the City of Meridian. Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a prelilninary plat and. conditional use permit for a professional office
park (PP-05-012 & CUP-05-014). .Uses such as medical an.d dental clinics and
laboratories, accounting services, and administrative services are principally
permitted in the L-O zone. City Council does not anticipate that the applicant
plans to rezone the subject .property in the future if the subject applications are
approved for office uses.
(
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c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of co.nditional use
permits;
City Council finds that uses such as medical and dental clinics and laboratories,
accounting services, and adtninistrative services are princi.paIly permitted in tIle
L-Q zone. City Council believes that if the subject zo.ning amendment is
approved, the subject property will be developed with office uses allowed
(principally pennitted) in the requested. zone.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, .new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
The properties in t]lis area are transitioning from low density residential uses to
commercial/urban type uses~ Develo.pments in the Magic View Subdivision
il1clude a credit union and bank, a 30,300 square-foot multi-tenant office building,
Subway and medical/clinical services~ In addi.tion, two new hotels have opened
just to the east of the subject site~ Woodbridge Subdivision is a 260 +/- lot
residential subdivision approximately I.4 mile to the west that connects with Magic
View Drive and is largely built-out at a medium density.
As development occurs ACHD is requiring that the local/colnmercial streets in
Magic View Su.bdivision be widened al1d that developers construct sidewalk
adjacent to the developing sites~ Further, this site lies within an extraordinary
im.pact fee overlay Z011e~ This overlay zone was established to install the
infrastructure for the redevelopment of the rural lots within Magic View
S.ubdivision, in anticipation of the lots redeveloping to commercial. The ACHD
now requires that developers within. tllis overly zone pay into a reimbursement
fund for the costs that were associated with construction of the new road from tIle
intersection of Eagle Road and St Luke's drive, to the intersection of Magic View
Drive and Allen Drive (see ACHD for more informatio.n).
City Council finds that annexation and zoning and developing of the subject
property with office uses would be compatible with other nearby land uses and
facility cllanges in tIle area.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential characte.r of the same area;
City Council finds that the proposed office zone/uses will change tIle existing
character of the area, but that the proposed zone and office uses should be
llannonious and. a:ppropriate ill ap.pearance with the existin.g al1d intended
character of the area. City Council finds that future .uses, if designed, constructed
and operated in accordance with adopted city ordillances and conditions of
approval for tlle subj ect applications, should be harmonious and appropriate in
appearance with the intended character of the vicinity.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
To mitigate the :possible noise and visual disturbances of the proposed office uses
on neighboring properties, the applicant is proposing to construct a 20-foot wide
landscape buffer along the entire west, and. a POrtiOll of the north, property lines.
City Council is supportive of the proposed landscape buffer along tIle west and
north property lines, abutting the single-family residences.
A potential disturbance of allowing this site to develo.p with office uses has to do
with vehicular access to and from this site. The applicant is proposing a driveway
to Wells Circle, which currently provides residential access only. Increasing the
traffic volumes on Wells Circle may be an inconvenience to the existing
residences. However, the existing residences that access Wells Circle are also
anticipated to develo.p with similar (office) uses in. the future~ Further, ACHD
considers access points in their analysis of projects and 11as prepared a report that
requires the applicant to improve both Wells Circle and Wells Drive to their
commercial street standards. City Council finds that th.e proposed uses (access)
should not .be hazard.ous to neighborin.g uses if the abutting roadways are
improved to ACHD's standards.
G. Will the area be served adequately by essential public facilities and services
such as .highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
The Meridian Fire, Public Works and Parks Departments were represented at a
comments meeting held on March 25, 2005 for this application. The Fire
Department, Public Works Department and Parks Department provided COffilnents
that services could be provided to this site (all of the detailed comments from tIle
Fire Departtnent and other agencies/departments are at tlle end of this report)~
Sanitary Service Company (SSe) currently provides service to adjacent pro.perties
in tIle area. The COffilnission and Council will need to reference any additional
written or verbal testimony submitted by the Meridian Public Works Department,
Nampa Meridian Irrigation District, Idaho Power, and other service providers
regarding this finding.
("" . .
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Sanitary sewer and water to serve this develoPlnent is currently available on tIle
west and 110rth sides~ There is an eight-inch sewer stub on the western property
line. Water is available on the north and west side and the applicant shall be
req.uired to COffilect at two pOil1tS to facilitate flows through tllis development
The ACHD approved this development at staff level on April 5, 2005~ Because
vehicular access to this site is currently provided from substandard streets (Wells
Street & Wells Circle), ACHD is requiring the applicant to install improvements
such. as curb, gutter, sidewalk, and pavement widening9 Please review the ACHD
report for additional information regarding this finding4
The applicant and/or future property owners may be required to .pay park and
highway impact fees as well as construct on-site storm water drainage facilities.
City Council finds that the property pro.posed for annexation and zo.ning can be
served adeq.uately by all essential public facilities and services9
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If ap.proved, the developer will be financing the extension of sewer, water, local
street infrastructure, utilities and irrigation services to serve the project The
.primary public costs to serve the future residents will be fire and .police facilities
and services. City Council finds there will not be excessive additional
requirements at public cost and that the .proposed zoning and subsequent
development will not be detrilnental to the community's eco.llomic welfare~
I. Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
ACHD estimates that this development will generate a.n. additional 515 vehicle
trips .per day. City Council recognizes that traffic and noise will increase with the
ap.proval oftllis development; however, City Council does :not believe that the
amOul1t generated will be detrimental to the general welfare of the .public. City
Council does not antici.pate th.e proposed annexation and subsequ.ent uses will
create excessive noise, smoke, fumes, glare, or odors. City Council fin.ds that the
proposed commercial zoning/use will not be detrimental to :people, property or the
general welfare of the area9
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
/.
(: .
The applicant is proposing to construct one new driveway to Wells Street and one
new driveway to Wells Circle~ The :proposed. access points meet ACHD policy for
location~ ACHD considers vellicu.lar approaches in their analysis of projects and
has prepared a report that approves the .proposed driveway locations. If the
pro..posed vehicular approaches and abutting streets are ~p.proved and. accepted by
ACHD, City Council does not believe that tIle development will create
interference witll traffic on the surrounding public streets.
K. Will not result in the destruction, loss or damage of a .natural or scenic
feature of major importance; and
City Council finds that there are some existing trees and other mature landscaping
on this site. Any existing trees larger than 4" caliper that are removed shall be
mitigated for, per tIle Landscape Ordinance (MCC 12-13-13). The applicant notes
that 8 trees with a total of 128 caliper inches will be removed~ The applicant is
pro.posing to mitigate 73 of the 128 caliper inches by constructing additional trees
within the 1-84 landscape buffer. The remaining 55 caliper inches are fro:m dying
or hazardous trees that do not need to be mitigated. The applicant should work
with the City Arborist, Elroy Huff, on implementing a mitigation plan. If any trees
are deemed to be a hazard, diseased or dying by the City Arb o:ri st, .prior to
removal, mitigation will not be required for those trees~
City Council finds that the pro.posed annexation and zoning sllould not result in
the loss or damage of any natural or scenic features, as long as the existing trees
that are removed are mitigated~
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)"
City Council finds that all essential services are available or will be provided by
the developer to the subject property and will not require unreasonable
expenditure of public funds. The ap.plicant is proposing to develop tIle land :in
substantial compliance with the City's cOffi.prehensive plan and develo.pment
ordinances. The land to the east of the subject property was recently annexed into
the City and this is a logical expansion of the City limits. In accordance with the
findings listed above, City Council finds that tIle annexation/zoning of this
property would be in the best interest of the City.
EXHIBIT H
Wyndstone Place Subdivision
PP-05-012
Preliminary Plat Findings
Meridian City Code (MCC) 12-3-3 J~2 and 12-3-5 D read as follows: "In detennining the
acceptance of a proposed subdivision, the Commission/Council shall consider the
objectives of this title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
Please see Annexation and Zoning item "A".
B. The availability of public services to accommodate the proposed
development;
City Council finds that pu.blic services can .be made available to accommodate the
pro.posed development~ Please see Annexation and Zoning items "G" and "H" for
lTIOre details.
c. The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the developlnent
at their cost, City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
D. The public fmancial capability of supporting services for the proposed
development;
Please see Annexation and Zoning item "H" and the Other Agency Comments
and Conditions at the end of this report for more detaiL
E. The other health, safety or enviro.nmental problems that may be brought to
the Commission's attention.
City Council is not aware of any health, safety or environmental problems
associated with the development of this subdivision. ACHD considers road safety
issues in their analysis.
!..~.
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EXHIBIT I
Wyndstone Place Subdivision
CUP-05-014
CUP/PD Findings
The COlmnission and COUllCil shall review th.e particular facts and circumstances of each
proposed conditional use in temlS of the following and may approve a conditional use
penn.it if they shall find evidence .presented at the hearing(s) is adequate to establish (11-
17-3):
A. That the site is large enou.gh to accommodate the proposed use
and. all yards, open spaces, parking, landscaping and other
features as may be required by this ordinance;
As part of the Planned Development (PD) tIle applicallt is requesting relief from
the stand.ard street frontage and building setbacks of the L-O zone, as required by
Meridian City Code. The applicant has also requested an alternative to the
standard entryway corridor landscaping required along the on-ramp to Interstate-
84.
Parking stalls are currently required by ordinance at the rate of one space per 400
square-feet of gross floor area for professional offices and o.ne space for every
200 square-feet for clinics (MCC 11-13-5.B). Compliance with parking
requirements will be monitored by the .Planning & Zoning Department through
the Certificate of Zoning Compliance issuance for individual build.ings/users.
City Council finds that the subject property is large enough to accommodate the
requested use and all other required ordinance features. Although the site is large
enough to accommodate all of the features required .by ordinance, the applicant
has asked, throu.gh the Planned Development, to modify specific development
standards.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
Please see Annexation and Zoning item "A".
c. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighbor.hood and with the existing or
intended character of the general vicinity and that such use win not adversely
change the essential character of the same area;
-Please see Annexation & Zoning itelTI "E".
~~ .-::.~-~ ~
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D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council finds tIlat if the ap.plicant complies with all conditio.us imposed, the
proposed develoPlnent will not adversely affect other properties in the vicinity.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Annexation & Zonin.g items "G" and "H", the Other Agency
Comments and Conditions, an.d any conlments that may be submitted to the City
Clerk regarding this project
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Please see Annexation & Zoning item "H".
G. That the proposed use will not involve activities or processes, materials,
equipment, an~ conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Please see Annexatio.o and Zoning items "I" and "J".
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Please see Annexation & Zoning item "J".
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
Please see Annexation & Zoning item. "K".
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.BEFORE TH.E MERIDIAN CITY COUNCIL
C/C May 17, 2005
IN THE MATTER OF THE )
APPLICATION FOR RECORDING )
THE FINAL PLA T FOR GALLERY )
SUBDIVISION, LOCATED ON THE )
NEe OF W. BELL TOW.ER DRIVE )
AND N. TEN MILE ROAD IN THE )
NW ~ OF T. 4N., R. lW., SECTION )
35, MERIDIAN, IDAHO )
)
BY: .ENGINEERING SOLUTIONS, )
LLP. )
)
APPLICANT )
CASE NO. TE-05-002
ORDER GRANTING A ONE (1)
YEAR TIME EXTENSION FOR
RECORDING THE .FINAL PLAT
This matter coming on regularly before the City Council on May 17, 2005, upon the
Applicant's time application for a one (1) year extension witllin which to record the Gallery
Subdivision Final Plat, which was originally approved on May 18, 2004, as .provided in S 12-3-6 B,
and good causing appearing.
IT IS H.EREBY ORDERED AND THIS DOES ORDER THAT:
1. T.he above name Applicant is granted a one (1) year extended :period of time until May 1,
2006, of this Order within which to record the Final Plat for tIle above entitled
subdivision application.
By the action of the City Council at its regular meeting on the
M (\~" ' 2005.
t ~th
t
day of
ORDER GRANTING A ONE (1) YEAR TIIvIE EXTENSION FOR RECORDING THE FINAL PLAT
FOR GALLERY SUBDNISION (TE-OS-002)
page 1 of2
::. ... f:
~/..
D A TED this
rl.tn
day of tv\ Q ~
, 2005~
Attest:
BY:
City Clerk's Office
Dated: LJl-6 -OS
ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FThTAL PLAT
FOR GALLERY SUBDIVISION (TE-OS-002)
page 2 of2
BEFORE THE MERIDIAN CITY COUNCIL
C/C May 17, 2005
IN THE MA TT.ER OF THE )
APPLICATION OF PARAMOUNT )
DEVELOPM.ENT, INC. FOR )
APPROVAL OF 40 SINGLE- )
FAMILY RESIDENTIAL BUILDING )
LOTS ON 10.49 ACRES IN AN R-8 )
ZONE LOCATED EAST OF NORTH )
LINDER ROAD AND NORTH OF )
WEST MCMILLAN ROAD IN THE )
NE ~ OF THE SW ~ OF T. 4N., R. )
1 W., SECTION 25. )
)
)
CASE N06 FP-05-030
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Meridian City Code ~ 12-3-7 on .May 17, 2005, and the Council fmding that the Administrative
Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning
De.partment, and Michael Cole, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: May 17, 2005, 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. TIle Final Plat of "PLAT SHOWING. PARAMOUNT SUBDIVISION NO. 7
LOCATED IN THE NE ~ OF THE SW){i OF SECTIONT~ 4N., R. lW., SECTION
25, BOISE MERlDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005,
HANDWRITTEN DATE: 04/14/05, SHEET I OF 3, ENGINEERING
ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT
FO.R P ARAMOUN SUBDIVISION NO.7 / (FP-05-030)
Page 1 of3
(
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NORTHWEST, LLC", PARAMOUNT DEVELOPMENT, INC~, Developer, is
Conditionally Approved subject to those conditions of Staff comments as set forth in
the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City
Planner for the Planning and Zoning Department and Michael Cole, Development
Services Coordinator for the Public Works De.partment, dated: Hearing Date: May
17, 2005, listing 11 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15
GEN.E.RAL REQUIREMENTS, a true and correct copy of whic.h is attached hereto
marked Exhibit "A", and consisting of 4 pages, and .by this refere.nce inco1]Jorated
herein, and the response letter from. Paramount Development, Inc., a true and correct
copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and
by this reference incorporated llerein, and the response letter from Engineering
Northwest; LLC, a true and correct copy of which is attached hereto .marked Exhibit
"C" and consisting of 2 pages, and by this reference incorporated herein.
2~ The final plat upon which there is co.ntained tile 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 ve.rified that all off-site improvements are completed
and/or the ap.propriate letter of credit or cash has been issued guaranteeing
the completion of off-site and required aD.-site improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR PARAMOUN SUBDIVISION NO.7 / (FP-05-030)
Page 2 of3
(
The Applicant is hereby notified that pursuant to Idallo Code 67-8003, the Owner
lnay 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
Ju.dicial Review may be filed.
Please take notice that this is a fmal 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 .provid.ed by Chapter 52, Title 67,
Idaho Code.
By actio.n of the City Council at its regular meeting held on the
l~
d.ay
of
KC\\f
, 2005.
, . '.!ii~~~{f;~tt~~.# f);).~~~,~, ~;r~ .
.f/'J~ d .~}1Jn-~1}1t}.~ ~ammy de
'flif:~~ ..l~~\-on'fl>,,~- . 'B;~. .~.~..
. ~ (7'/~~OR1~' >i~Ma~?r, Ci
Attest: · . < '~- r) <\
~.,.
,~YVi' f~ L ~ ~tt
Q ~}1~ .. .f. .~~
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.. <; 2; · ~ ~ ."'# ~~ J.fl~:
Copy served upon Applicant, the Pl~if1b:\.a~~J~1.ig:~ID~partment, Pu.blic Warks Department, an.d
City Attorney. cm....~;~~. ~~:.''''I..
By:
Dated: U - ca -05
ORDER OF CONDITIONAL APPROVAL OF FINAL P.LA T
FOR PARAMOUN SUBDIVISION NO.7 / (FP-05-030)
Page 3 of3
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I. .
\
BEFORE THE MERIDIAN CITY COUNCIL
C/C May 17, 2005
IN THE MATTER OF THE )
APPLICATION OF LIBERTY )
DEVELOPMENT, LLC FOR FINAL )
PLAT APPROVAL OF 52 )
BUILDING LOTS AND 5 COMMON )
LOTS ON 10.99 ACRES IN AN R-4 )
ZONE LOCATED AT 2683 WEST )
CHINDEN BOULEVARD IN A )
PORTION OF THE SW .~ OF THE )
NW ~ OF T. 4N., R. 1 W., SECTION )
26. )
)
)
CASE NO. FP-05-032
ORDER OF CONDITIONAL
APPROVAL OF .FINAL PLA T
This matte! coming before tile City Council for Final Plat approval pursuant to
Meridian City Code S 12-3-7 on May 17, 2005, and the Council finding that the Administrative
Review is complete from Sonya Alle.n, Assistant City Planner for the Planning and Zoning
Department, and Michael Cole, Development Services Coordinator for the Public Warks
Department, dated: Hearing Date: May 17, 2005, to the Mayor and Coun.cil, and the Council having
considered the requirements of the preliminary plat the Council takes the following actio.u:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING SILVERLEAF SUBDIVISION NO.4 IN A
PORTIO.N OF THE SW ~ OF THE NW Y:i OF T. 4N., R. lW., SECTION 26,
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SIL VE.RLEAF SUBDIVISION NO.4 / (FP-05-032)
Page 1 of 4
(
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HANDWRITTEN DATE: 04/14/05, SHEET 1 OF 5, BAILEY ENGINEERING,
INC.", :LIBERTY DEVELOPMENT, LLC, Developer, is Conditionally Approved
subject to those conditions of Staff comments as set forth in the Memorandum to the
Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning
and Zoning Department and Michael Cole, Developme.nt Services Coordinator for
the Public Works Department, dated: Hearing Date: May 17,2005, listing 15 SITE
SPECIFIC REQUIREMENTSIFINAL PLAT and 14 GENERAL REQUIREMENTS,
a true and correct copy of w.hich is attached. hereto marked Exhibit "A", and
consisting of 5 pages, and by this reference incorporated herein, and the response
letter from Bailey Engineers, Inc., a true and correct co.py ofwhich is attached. hereto
marked Exllibit "B" and consisting of 1 page, and by tllis reference incorporated
herein, and-the additional require.ments from the action of the Cou.ncil taken at their
May 17,2005 meeting as follows, to-wit:
1.1
Adopt the Recommendation of the Central
District Healtll Department as follows:
The Central District Health requires after
written. approval fi~om the appropriate entities
are submitted, they can approve this proposal
for central sewage and central water; that
plans must be submitted to and approved by
the Idaho Department of Health and Welfare,
Division ofEnviro.nmental Quality for central
sewage and central water; tllat run-off is not to
create a mosquito breeding problem; and it is
suggested that the stormwater be pretreated
throu.gh a grassy swale prior to discharge to
the su.bsurface to prevent impact to
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SIL VERLEAF SUBDIVISION NO~4 / (FP-05-032)
Page 2 of4
(- .
groundwater al1d surface water quality; that
engineers and. architects should obtain current
best management .practices for stormwater
disposal and design a stormwater management
system that is preventing grou.ndwater a.nd
surface water degradation. Manuals for
guidance:
1. State of Idaho Catalog of Stormwater Best
Manage.m.ent Practices for Idaho Cities and
Counties. Prepared by the Idaho Division of
Environmental Quality, July 1997.
2. Stonnwater Best Management Practices
Guidebook. Prepared by City of Boise Public
Works Department, May 2000.
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and tile City Engineer verifying that the plat meets the City's requirements s.hall
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 a.ppropriate letter of credit or cash has been issued guaranteeing
the completion of off-site and required on-site improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be filed with
the City Clerk not more than twenty-eight (28) days after tile final decision concerning tlle matter at
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
.FOR SIL VERLEAF SUBDIVISION NO.4 / (FP-05-032)
Page 3 of4
(
issu.e. A request for a regulatory talcings analysis will toll tIle time period within w.hich a Petition for
Judicial Review .may be filed.
Please tal{e notice tllat this is a fmal action of the governing body of tIle City of
Meridian, pursuant to Idaho Code g 67 -6521. An affected person being a person who has an interest
in realpfoperty 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
rl.'r
day
of
, 2005.
Attest:
SEll.;:-,:.... ~~
- . , ~. ..... it
~f~.... ~. ..-il)
fty tto rney . . ..~; .~~~
By:
Dated.: L.o -0 -oc;
ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT
FOR SIL VERLEAF SUBDIVISION N.O.4 / (FP-05-032)
Page 4 of 4
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MAYOR
TalnJny de Weerd
PUBLIC WORKS
BUILDING DEPAR'I'MENT
(208) 898~5500 · Fax (208)898-955]
Cll"V COUNCIL MEMBEltS
Keith Bird
Christine .Donnell
Shaun Ward Ie
Charles M. Rouo tree
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 ~ FAX 888-6854
STAFF REPORT:
Hearing Date: May 17,2005
Transmittal Date: May 12, 2005
To:
Mayor and City Council
.(11[
Sonya Allen, Assistant City Planner ()
Michael Cole, .Development Services Coordinator rv\ c..
From:
Re;
Silverleaf Subdivision No.4
Request for Final Plat approval of Fifty-two (52) Single-family Residential
Building Lots and Five (5) Common Lots on 10.99 Acres in an R-4 Zone by
Liberty Development, LLC (File No. .FP-05-032).
We have reviewed the above referenced submittals and offer the following comments as
conditions of approvat These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
The applicant, Liberty Development, LLC, has applied for .Final Plat approval of 52 single-
family residential building lots and 5 common lots on 10.99 acres of land for Silverleaf
Subdivision No.4. The zoning designation for the pro.posed subdivision is R-4 (Low Density
Residential). TIle gross density for this phase of the subdivision is 5.2 dwelling units/acre and the
.net density is 6.62 dwelling units per acre. The gross density for Silverleaf Subdivision overall is
3.0 dwelling units per acre.
Silverleaf Subdivision No.4 is located approximately Y2 mile east of N. Ten Mile Road, on the
south side ofW. Chinden Blvd., in the NW ~ of Section 26, T.4N., R.l W.
A Conditional Use PermitJPlanned Development was approved for this development which
allowed for reductions to the minimum lot size required by MCC 11-9-1 (from 8,000 s.f. to 5,000
s"f.) and street frontage on non. cul-de-sac lots (from 80-ft. to 50-ft.).
The submitted final plat substantially complies with the approved Preliminary Plat.
Staff recommends approval of Silverleaf Subdivision No.4 with the comments and conditions
stated in this report.
FP..05-032
Ex hibit "A'"
Silverleaf Sub4 FP .doc
('..~.......:
(....... .. .
Mayor & City Council
Hearing Date: May 17, 2005
Page 2
SITE SPECIFIC COMMENTS / FINAL PLAT
1. Applicant is to .meet all tenus of the approved Annexation (AZ-04-024), Development
Agreement (Inst. No. 105010990), Conditional Use Permit (CUP-04-033), and
Preliminary Plat (PP-04-031) for this subdivision.
2. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9.
3. The landscape plan, dated 6/23/04, s.hall be revised. as follows:
a. Correct scale to read 1 "=50' instead of 1 "= 1 00' .
b. Show a 5-ft. detached sidewalk within Lot 24, Block 10 adjacent to Chinden
Blvd. to match tIle adjacent Lochsa Falls Subdivision.
4. The applicant has indicated that Nampa Meridian Irrigation District will own and
maintain the pressure irrigation system within this development, however phase one and
phase two of this development had pressure irrigation facilities owned and operated by
Settlers. Staff believes this is a typo and that the system will be owned by Settlers
Inigation District The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. If a creek or well source is not available, a
single-point connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of assessments
for the irrigable c~mmon areas prior to signature on the final plat by the Meridian City
Engineer.
5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguou.s to the area being subdivided shall be tiled per
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Warks Department If lateral users
association approval can't be obtained, alternate plans will be reviewed. and approved by
the Meridian City E.ngineer prior to final plat signature.
6. Lot 22, Block 10 does not meet the minimum required street frontage of 40 feet as
measured on the c.hord. The applicant shall make the necessary adjustments to conform.
7. The applicant shall complete the book and page numbers of recorded plats in the
Certificate of Owners.
8. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the
street names and lot & block .numbering. Malee all correctio.ns .necessary to comply~
9. Show adjacent platted subdivision names or if unplatted, indicate as such.
10. Revise or add the following notes on the face of the plat:
FP-05M032
Exhibi t "A"
Si 1 verleaf Sub4 FP.d DC
Mayor & City Council
Hearing Date: May 17, 2005
Page 3
(2.) TIle lots shown .in Block 11 as containing the ACHD storm water drainage system
are incorrect, please revise.
(8.) Delete note.. No longer required on plat.
(11.) Add note: "Direct lot access to W.. Chinden Blvd. is prohibited."
11. Permanent sanitary service to this development is to be provided by the undevelo.ped
"North Black Cat" service area. Temporary service shall be via a "private" lift station
pumping the sewage generated within tile development to a discharge point in Ten Mile
Rd. The applicant sllall be responsible to construct sewer lnains to and through this
proposed development. Subdivision. designer to coordinate main sizing and routing with
the Public Warks De.partment. Applicant shall execute City of Me.lidian standard forms
of easements, for any mains that are required to provide service. Cover over sanitary
sewer mains shall be .no less than 3-feet fro.m finish grade to the top of the pipe. If cover
is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be
used per the Meridian Public Works Department's Standard Specifications~
12. Water service to this site shall be via extensions from future mains in Silverleaf
Subdivision No 2. The applicant will be responsible to construct the water mains to and
tllfough this proposed development, thereby making them ava.i.lable to adjacent
properties. Subdivision designer to coordinate .main sizing and routing with the Public
Warks Department. Applicant shall execute City of Meridian standard forms of
easements for any .mains that are required to provide service..
13.. Any drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge within a peliod of time not to exceed 24 hours for all storms
up to and including a lOO-year storm event All storm drainage must be in com.pliance
with MCC 12-13-14, Stormwater Integration.
14. Applicants engineer shall be required to submit a signed, stamped statement certifying
that all street finish ce.nterline elevations are set a minimum of three feet above the
highest establisl1ed normal groundwater elevation.
15. Staffs failure to cite specific ordinance provisions, or terms of tile approved Ann.exation,
Conditional Use Permit, or Preliminary Plat does not relieve the Applicant of
responsibility for compliance.
GENERAL REOillREMENTS
1. 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 consid.ered as replacement trees for
those trees that have to be removed.
2. Street signs are to be in place, water system shall be approved and activated, fencing
installed, drainage lots constructed, road base approved by the Ada County Highway
FP..05-032
Exhibit "A"
Sil verlea f Su b4 FP .doc
Mayor & City Council
Hearing Date: May 17, 2005
Page 4
District and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
3. All development improvements, including sewer, fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates
of occupancy.
4. A letter of credit or cash surety in the amount of 11 0% will be required for all fencing,
landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
5. Applicant s.hall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-3744
6. Any existing do.m.estic wells and/or septic systems within this project will .have to be
removed from. their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
7. lOO-watt, high-p.ressure sodium streetlights will be required at locations designated .by the
Public Warks Department. All streetlights shall be installed at subdividees expense4
Typical locations are at street intersections and/or fire hydrants. Final design locations
and quantity are determined after power desig.ns are completed by Idaho Power
Company. The street light contractor shall obtain design and. permit from the Public
Works Department prior co.mmencing installations.
8. 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.
9. Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a .minimum of three feet above the
highest established normal groundwater elevation.
10. Applicant shall be res.ponsible 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 any NPDES
Permitting that may be required by the Environmental .Protection Agency.
12. It shall be the respo:nsibility of the applicant to ensure that all development features
comply with the Am.ericans with Disabilities Act and. the Fair Housing Act
13. Coordinate fire hydrant placement with tile City of Meridian Public Works Department.
14. Developer shall coordinate :mailbox locations with. the Meridian Post Office.
FP~05-032
Exllibi t "A~'
Si I verlea.f Su b4 FP .doc
(
Mayor & City Council
Hearing Date: May 17, 2005
Page 5
STAFF RECOMMENDATION
Staff reconunends approval of the final plat with the above stated cormnents and conditions.
FP-05-032
Exhibit "A"
Sil verlea f Su b4 F.P .doc
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ailey Engineering,lnc~
CIVIL ENGINEERINGIPLANNfNGICADD
DA.TE:
May ]7,2005
TO:
Mayor and City Council
^ ~:,..~
RE:
Silverlcaf Subdivision No~ 4
~ ~ \}= ..~~. ~"~t'l ·
. . - .~. .; :. - 1 l' ,. ~+ . 1 . ~ '. . ,
Dear Mayor and City COlUICil,
On behalf of our client we \vould like to state that Libelty Develop111ent, Il1c agrees with all Sile
Specific Comn1ents and Conditions set fOl1h in the fUlal plat for Silverleaf Subdivision NO.4.
1118.11k YOll for Y01U. tune and consideratiol1J
Sincerely,
1500 E. Iran Eag Je Drive . Eagle, Idaho 83616 . TeL: 208- 938-00 13 . Fax: 208-938-0516
www.baileyengineers.com
r ~ x 11 i b i l U 13 ~~
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CITY OF MERIDIAN
RESOLUTION NO.
tp~ --1-72-
BY THE CITY COUNCIL:
BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION APPROVING AN ASSIGNMENT OF LEASE AND
AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF eQU.RSE
OPERATIONS AT THE CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST
SAID AGREEMENT ON BEHALF OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on April 26, 2005 the City Council of the City of Meridian. held a
hearing regarding the Assignment of Lease and Amended Lease Agreement for the provision
of golf course operations at Meridian's municipal golf course; and,
WHEREAS, tIle previous leaseholder of the City of Meridian's municipal golf
course, Cherry Lan.e Recreation, Inc. has sold and assigned all its right, title and interest in
and to the lease and. the real property subject thereto, and certain personal property
commonly known as C.herry Lane Golf Course to .Lakeview Meridian Investors, LLC. and
Boise Rancll Golf COUf!3e, Inc.; and,
WHEREAS, purs-uant to the terms of the October 3, 1978 lease agreement, the lessee
shall not assign its interest in the lease without written consent of the City; and,
WHEREAS, as a condition of providing its consent to the assignment of tIle lease,
City desires to amend certain terms of the lease agreement
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the Assignment and Amended Lease Agreement dated May 17, 2005
attached hereto and incorporated herein by reference is approved. as to both fonn and content
Sect.ion 2. That tIle leased premises are not currently needed for City purposes and
the terms of the Amended Lease Agreement are just and. equitable4
Sectio.D 3. That the Mayor and City Clerk are hereby authorized to respectively
execute and attest said Agreement on behalf of the City of Meridian4
Section 4. That this Resolutio.n shall .be in full force and. effect immediately upon its
adoption. and approval.
Resolution for Assignment of Lease and Amended Lease Agreement for Golf Course Operations
at City Of Meridian'S MuniCiPal GOlf course page 1 of2
c... ...
ADOPTED by the City Council of City of Meridian, Idaho, this 17~ day of
t2 , 2005.
APPROVED by the Mayor of the City of Meridian, Idaho, this 17-1}; day of
a ,2005.
APPROVED:
ATTEST:
Resolution for Assignment of Lease and Amended Lease Agreement for Golf Course Operations
at City Of Meridian)s MUniCiPal GOlf course page 2 of2
MERIDIAN CITY COUNCIL MEETING
APPLICANT
REQUEST Water, Sewer and Trash Delinquencies
May 17,2005
ITEM NO.
16
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:
~vY
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
RESOLUTION NO. of)- -1-73
BY THE CITY COUNCIL:
BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION RATIFYING AND APPROVING THE CREATION OF
BLUEPRINT FOR GOOD GROWTH, INe.; ACCEPTING THE CITY OF
MERIDIAN'S CORPORATE VOTING MEMBER STATUS; APPOINTING MAYOR
TAMMY DE WEERD AS A DIRECTOR; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Meridian City Council has determined that it is critical that the
current transp011ation system of Ada County, Idaho and surrounding communities be
properly studied and reviewed to assess the status and efficiency of such system in the face of
significant future growth and development; and
WHEREAS, the Meridian City Council has also determined that it is critical for Ada
County and its surrounding communities to work together in a cooperative fashion to develop
and create a sensible land use and transportation plan for the area that will take into account
such future growth and development and ensure continued prosperity and quality of life for
the entire area (including the City of Meridian); and
WHEREAS, the Meridian City Council has also determined that the economy and
quality of life for the residents of the City of Meridian will itself directly impacted by the
presence of (or lack of) a suitable land use and transportation plan to address in a cooperative
manner the impact oflarge-scale future growth and development on the area's overall
transportation system; and
WHEREAS, the Meridian City Council has determined that in order to develop and
create such a plan, monetary contributions will be needed from individuals, businesses and
governmental units in and around Ada County, Idaho; and
WHEREAS, the Meridian City Council has determined that in order to develop and
create such a plan, continued communication and discussions will need to take place between
and among people, businesses, groups and governmental units affected by the current
transportation plan of Ada County and surrounding communities; and
WHEREAS, the Meridian City Council has determined that in order to receive
monetary contributions from individuals, businesses and governmental units, and to promote
full and continued cooperation and communication between Ada County and surrounding
communities regarding the creation and development of such a plan, a separate legal entity
will be desirable and efficient; and
WHEREAS, if such legal entity is recognized as exempt from federal income tax
under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"),
Resolution for Blueprint for Good Growth, Inc.
Page 1 of3
contributions to such entity made by individuals and businesses may be tax-deductible to the
extent penuitted by the Code, thus potentially increasing the scope and amount of such
contributions; and
WHEREAS, on December 23,2004, Articles ofIncorporation (attached as Exhibit
A) were filed for a newly-created Idaho nonprofit corporation, Blueprint for Good Growth,
Inc.; and
WHEREAS, the corporate purposes of Blueprint for Good Growth, Inc., as stated in
its Articles oflncorporation are: (1) raising and receiving monetary contributions from
individuals, businesses and governmental units in and around Ada County, Idaho; (2)
studying and reviewing the current transportation system of Ada County, Idaho and
surrounding communities to assess the status and efficiency of such system in the fact of
significant future growth and development; (3) communicating with and receiving input from
people, businesses, groups and governmental units affected by the current transportation plan
of Ada County, Idaho and surrounding communities, with particular emphasis on the land
use and transportation planning that may be needed to preserve the area's quality oflife
during significant growth and development; (4) developing and proposing for consideration
by Ada County and surrounding governmental units a sensible land use and transportation
plan for the area that will take into account significant future growth and development and
ensure the area's continued prosperity and quality of life"; and
WHEREAS, the Meridian City Council has determined that the activities of
Blueprint for Good Growth, Inc., as described above, will serve to lessen the burdens of the
City of Meridian, due to the fact that the organization will be performing functions and
activities that would otherwise have to be performed (in whole or in part) directly by the City
of Meridian itself; and
WHEREAS, such Articles of Incorporation and the initial corporate bylaws of
Blueprint for Good Growth, Inc. provide that the corporation shall have Ada County, the Ada
County Highway District, the City of Boise, the City of Eagle, the City of Garden City, the
City of Meridian, the City of Kuna, the City of Star and the Idaho Transportation Department
as voting members, with each of the corporation's voting members having the right to
appoint one member ofthe corporation's Board of Directors; and
WHEREAS, based on the purposes and activities described herein, Blueprint for
Good Growth intends to file an application for recognition of exempt status under Section
501 (c)(3) of the Code with the Internal Revenue Service.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the City Council ofthe City of Meridian hereby ratifies and approves
the creation of Blueprint for Good Growth, Inc. for the purposes outlined above, including
Resolution for Blueprint for Good Growth, Inc.
Page 2 of3
the cooperative preparation and development of sensible land use and transportation plan for
the area (including the City of Meridian) that will take into account significant future growth
and development and serve to ensure the area's continued prosperity and quality oflife.
Section 2. That the City Council ofthe City of Meridian, on behalf of the City of
Meridian, accepts its corporate voting member status with respect to Blueprint for Good
Growth, Inc.
Section 3. That the City Council of the City of Meridian, acting on behalf of the City
of Meridian, and pursuant to Articles VI and VII of the Articles of Incorporation, and Article
III of the initial corporate bylaws, hereby appoints Mayor Tammy de Weerd as a director of
Blueprint for Good Growth, Inc.
Section 4. That the appropriate representatives of the City of Meridian are hereby
authorized and directed, for and on behalf of the City of Meridian, to take any and all such
other actions and to execute and deliver any and all such documents as may be necessary or
desirable to facilitate the actions contemplated in this Resolution.
Section 5. That this Resolution shall be in full force and effect immediately upon its
adoption and approvaL
ADOPTED by the City Council of the City of Meridian, Idaho 17~ day of
,lJta';/ , 2005.
/7"0
APPROVED by the Mayor of the City of Meridian, Idaho, this __ day of
/ll a:;- ,2005.
Resolution for Blueprint for Good Growth, Inc.
Page 3 00
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 17,2005
ITEM NO.
5-1
REQUEST Resolution - Ratifying and Approving the Creation of Blueprint for Good
Growth, inc.
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:
See attached Resolution
-/
rr.# AIj')
tlVIU' bq/
Contacted;
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
RESOLUTION NO.
BY THE CITY COUNCIL:
BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION RATIFYING AND APPROVING THE CREATION OF
BLUEPRINT FOR GOOD GROWTH, INC.; ACCEPTING THE CITY OF
MERIDIAN'S CORPORATE VOTING MEMBER STATUS; APPOINTING MAYOR
TAMMY DE WEERD AS A DIRECTOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Meridian City Council has determined that it is critical that the
current transportation system of Ada County, Idaho and surrounding communities be properly
studied and reviewed to assess the status and efficiency of such system in the face of
significant future growth and development; and
WHEREAS, the Meridian City Council has also determined that it is critical for Ada
County and its surrounding communities to work together in a cooperative fashion to develop
and create a sensible land use and transportation plan for the area that will take into account
such future growth and development and ensure continued prosperity and quality of life for the
entire area (including the City of Meridian); and
WHEREAS, the Meridian City Council has also determined that the economy and
quality oflife for the residents of the City of Meridian will itself directly impacted by the
presence of (or lack of) a suitable land use and transportation plan to address in a cooperative
manner the impact oflarge-scale future growth and development on the area's overall
transportation system; and .
WHEREAS, the Meridian City Council has determined that in order to develop and
create such a plan, monetary contributions will be needed from individuals, businesses and
governmental units in and around Ada County, Idaho; and
WHEREAS, the Meridian City Council has determined that in order to develop and
create such a plan, continued communication and discussions will need to take place between
and among people, businesses, groups and governmental units affected by the current
transportation plan of Ada County and surrounding communities; and
WHEREAS, the Meridian City Council has determined that in order to receive
monetary contributions from individuals, businesses and governmental units, and to promote
full and continued cooperation and communication between Ada County and surrounding
communities regarding the creation and development of such a plan, a separate legal entity will
be desirable and efficient; and
WHEREAS, if such legal entity is recognized as exempt from federal income tax
under Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"),
contributions to such entity made by individuals and businesses may be tax-deductible to the
extent penuitted by the Code, thus potentially increasing the scope and amount of such
contributions; and
Resolution concerning Blueprint for Good Growth, Inc.
1
WHEREAS, on December 23,2004, Articles ofIncorporation (attached as Exhibit A)
were filed for a newly-created Idaho nonprofit corporation, Blueprint for Good Growth, Inc.;
and
WHEREAS, the corporate purposes of Blueplint for Good Growth, Inc., as stated in its
Articles of Incorporation are: (1) raising and receiving monetary contributions from
individuals, businesses and governmental units in and around Ada County, Idaho; (2) studying
and reviewing the current transportation system of Ada County, Idaho and surrounding
communities to assess the status and efficiency of such system in the fact of significant future
growth and development; (3) communicating with and receiving input from people, businesses,
groups and governmental units affected by the current transportation plan of Ada County,
Idaho and surrounding communities, with particular emphasis on the land use and
transportation planning that may be needed to preserve the area's quality oflife during
significant growth and development; (4) developing and proposing for consideration by Ada
County and surrounding governmental units a sensible land use and transportation plan for the
area that will take into account significant future growth and development and ensure the
area's continued prosperity and quality oflife"; and
WHEREAS, the Meridian City Council has determined that the activities of Blueprint
for Good Growth, Inc., as described above, will serve to lessen the burdens ofthe City of
Meridian, due to the fact that the organization will be performing functions and activities that
would otherwise have to be performed (in whole or in part) directly by the City of Meridian
itself; and
WHEREAS, such Articles of Incorporation and the initial corporate bylaws of
Blueprint for Good Growth, Inc. provide that the corporation shall have Ada County, the Ada
County Highway District, the City of Boise, the City of Eagle, the City of Garden City, the
City of Meridian, the City of Kuna, the City of Star and the Idaho Transportation Department
as voting members, with each of the corporation's voting members having the right to appoint
one member of the corporation's Board of Directors; and
WHEREAS, based on the purposes and activities described herein, Blueprint for Good
Growth intends to file an application for recognition of exempt status under Section 501(c)(3)
of the Code with the Intemal Revenue Service.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the City Council ofthe City of Meridian hereby ratifies and approves
the creation of Blueprint for Good Growth, Inc. for the purposes outlined above, including the
cooperative preparation and development of sensible land use and transportation plan for the
Resolution concerning Blueprint for Good Growth, Inc.
2
area (including the City of Meridian) that will take into account significant future growth and
development and serve to ensure the area's continued prosperity and quality oflife.
Section 2. That the City Council of the City of Meridian, on behalf ofthe City of
Meridian, accepts its corporate voting member status with respect to Blueprint for Good
Growth, Inc.
Section 3. That the City Council of the City of Meridian, acting on behalf ofthe City
of Meridian, and pursuant to Articles VI and VII of the Articles of Incorporation, and Article
III ofthe initial corporate bylaws, hereby appoints Mayor Tammy de Weerd as a director of
Blueprint for Good Growth, Inc.
Section 4. That the appropriate representatives of the City of Meridian are hereby
authorized and directed, for and on behalf ofthe City of Meridian, to take any and all such
other actions and to execute and deliver any and all such documents as may be necessary or
desirable to facilitate the actions contemplated in this Resolution.
Section 5. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of Meridian, Idaho day of
,2005.
APPROVED by the Mayor of the City of Meridian, Idaho, this
, 2005.
day of
APPROVED:
MA YOR
ATTEST:
CITY CLERK
Resolution concerning Blueprint for Good Growth, Inc.
3
fiLED EFFECTIVE IDAHO SECRETARY OF STIlTE
I ARTICLES OF INCORPORATION 12/23/2004 05: 00
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Ot.; ~~ OF 11 ~E! 30. BB:: 39. fJB IIle rlONp. II 2
~ 2B.aB:: 20.B8 NON EXPIDI # 3
SE~~~f~F ~6~~~ibLUEPRINT FOR GOOD GROWTH, INC. C-I ':>1'01<1-
The undersigned, acting as incorporator of a corporation under the Idaho
Nonprofit Corporation Act, adopts the following Articles ofIncorporation for such corporation,
ARTICLE I.
The name of the corporation is Blueprint for Good Growth, Inc.
ARTICLE II.
The period of its duration shall be perpetual.
ARTICLE III.
The corporation is organized and shall be operated exclusively for the following
purposes: (1) raising and receiving monetary contributions from individuals, businesses and
governmental units in and around Ada County, Idaho; (2) studying and reviewing the current
transportation system of Ada County, Idaho and surrounding communities to assess the status
and efficiency of such system in the face of significant future growth and development; (2)
conununicating with and receiving input from people, businesses, groups and governmental units
affected by the current transportation system of Ada County, Idaho and surrounding
comrnwlities, with particular emphasis on the land use and transportation planning that may be
needed to preserve the area's quality of life during significant growth and development; (3)
developing and proposing for consideration by Ada County and surrounding governmental units
a sensible land use and transportation plan for the area that will take into account significant
future growth and development and ensure the area's continued prosperity and quality of life.
The corporation is organized exclusively for charitable, scientific) literary .or educational
purposes within the meaning of and pursuant to section 501 (c)(3) of the Internal Revenue Code
of 1986 (or under the corresponding provision of any future United States Internal Revenue law),
including for such purposes, but not limited to, lessening the burdens of government. References
in these Articles ofIncorporation to the "Code" shall be to the Internal Revenue Code of 1986, as
amended from time to time.
ARTICLE IV.
The corporation shall have all powers provided for nonprofit corporations under
the Idaho Nonprofit Corporation Act.
ARTICLE V.
A. No part of the income or net earnings of the corporation shall inure to the
benefit of, or be distributable to, any director or officer of the corporation or any other private
individual (except that reasonable compensation may be paid for services rendered to or for the
corporation affecting one or more of its purposes, and reimbursement may be made for any
expenses incurred for the corporation by any officer, director, agent or employee, or any other
person or corporation, pursuant to and upon authorization of the Board of Directors); and
provided further that no director or officer of the corporation, or any other private individual shall
be entitled to share in any distribution of any oHhe corporate assets on dissolution of the
corporation or otherwise. No substantial part of the activities of the corporation shall consist of
carrying on propaganda or otherwise attempting to influence legislation, except as otheIWise
provided in section SOl (h) of the Corle. The corporation shall not participate in or intervene in
ARTICLES OF INCORPORATION OF BLUEPRINT FOR GOOD GROWTH, INC.- 2
(
(including the publishing or distributing of statements) any political campaign on behalf of, or in
opposition to, any candidate for public office.
B. No part of the assets of the corporation shall inure to the benefit of or be
distributable to any organization whose income or net earnings or any part thereof inure to the
benefit of any private shareholder or other individual or any substantial part of the activities of
which consists of carrying on propaganda or otherwise attempting to influence legislation.
C. Upon dissolution of the corporation, all of its assets shall be paid over to
,
such state or local govenunental units and political subdivisions, or organizations organized and
operated exclusively for charitable or educational purposes and recognized by the Internal
Revenue Service as exempt from federal income tax under Section 501(c)(3) of the Internal
Revenue Code, as the Board of Directors shall determine. Any assets not so disposed shall be
disposed of by a court of general jurisdiction in Ada County.
D. Notwithstanding any other provision hereof, this corporation shall not
conduct or carry on any activities not permitted to be conducted or carried on by an organization
which is tax-exempt under the provisions of section 501(c)(3) of the Code.
E. Notwithstanding any other provision of these Articles during any period
that the corporation is a "private foundation" within the meaning of section 509 of the Code, the
corporation shall be required to distribute its income for each taxable year of the corporation at
such time and in such manner as not to subject the corporation to tax under section 4942 of the
Code; and the corporation shall be prohibited from engaging in any act of selfwdealing as defined
in section 4941(d) of the Code, from retaining any excess business holdings in violation of the
ARTICLES OF INCORPORATION OF BLUEPRINT FOR GOOD GROWTH, INC.- 3
provisions of section 4943(c) ofthe Code, from making any investments in such manner as to
subject the corporation to tax under section 4944 of the Code, and from making any taxable
expenditures as defined in section 4945(d) of the Code.
ARTICLE VI.
The corporation shall have voting members. The corporation's initial voting
members shall be Ada County, the Ada County Highway District, the City of Boise, the City of
Eagle, the City of Garden City, the City of Meridian, the City ofKuna, the City of Star and the
Idaho Transportation Department. The corporation's bylaws shall set forth those circumstances
under which additional members may be admitted, and the manner of such admission.
ARTICLE VII.
Each of the corporation's members shall appoint one member of the corporation's
Board of Directors. The bylaws of the corporation shall set forth the timing and manner of such
appointment. The corporation's Board of Directors shall conduct the business of the corporation,
-
subject to the approval of the corporation's members.
ARTICLE VIII.
The number of directors constituting the initial Board of Directors of the
corporation is nine, and the names and addresses of the persons who are to serve as the initial
directors are:
Judy Peavey-DeIT'
200 W. Front Street
Boise,ID 83702
Jo1m Pranden
3775 Adams Street
Garden City, ID 83714
ARTICLES OF INCORPORA nON OF BLUEPRINT FOR GOOD GROWTH, INC. - 4
David Bieter
P,O. Box 500
Boise,10 83702
Nancy Merrill
John Evans
1246 S. Watermark Place
Eagle,ID 83616
5699 N. Riffle Way
Garden City, ID 83714
Tammy DeWeerd
33 E. Idaho Ave.
Meridian, ID 83642
Dean Obray
P.O. Box 13
Klll1a,ID 83634
Nathan Mitchell
P.O. Box 130
Star, ID 83669
David Ekern
P.O. Box 8028
Boise,ID 83707
ARTICLE IX.
The address oHhe initial registered office of the corporation is 575 East
Parkcenter Boulevard, Suite 200, Boise, Idaho 83706 and the name of its initial registered agent
at such address is Karen Doherty.
ARTICLE X.
The address of the principal office of the corporation is 575 East Parkcenter
Boulevard, Suite 200, Boise, Idaho 83706.
ARTICLE XI.
The corporation's members shall appoint the members of the corporation's Board
of Directors. The bylaws of the corporation shall permit the voting members of the corporation
ARTICLES OF INCORPORA TrON OF BLUEPRINT FOR GOOD GROWTH, INC. - 5
to establish a range for the size of the Board of Directors by fixing a minimum and maximum
number of directors. Within such range, the number of directors may be fixed or changed from
time to time by the corporation's voting members. The corporation's Board of Directors shall
conduct the business of the corporation, subject to the approval of the corporation's members.
ARTICLE XII.
These Articles ofIncorporation, the corporation's bylaws, and any other
provisions regarding the organization and management of the corporation may onLy be amended
by vote of more than two-thirds of the corporation's members.
ARTICLE XIII.
The taxable year of the corporation shall be selected by the corporation's
members.
ARTICLE XlV.
The nanl~ and address ofthe incorporator is: J. Frederick Mack, c/o Holland &
Hart, LLP, 101 South Capitol Boulevard, Suite 1400, Boise, Idaho 83702.
Dated: December 23,2004
33 1 5566_l.DOC
ARTICLES OF INCORPORATION OF BLUEPRINT FOR GOOD GROWTH, INC.- 6
rl1gt: 1 VI ,)
Will Berg
From: Tammy de Weerd [deweerdt@meridiancity.org]
Sent: Tuesday, May 10,200510:20 PM
To: 'Doherty, Karen'
Cc: Bill Nary; Ted Baird; Will Berg
Subject: RE: Blueprint for Good Growth: Resolution needed from your jurisdiction for BGG non-profit status
Karen,
There is a reference the Articles of Incorporation as an exhibit. Can we have a copy? Other than that, there doesn't
seem to be any problem on our end.
We will schedule this for the Council agenda next Tuesday for authorization to approve.
Tammy de Weerd, Mayor
.~
"
City of Meridian
www.meridiancity.org
(208) 88844.,.'.1.'.1 ext. 204,
(208) 888-4.218 fax
From: Doherty, Karen [mailto:kdoherty@dohertyeng.com]
Sent: Monday, May 09, 2005 5:00 PM
To: Doherty, Karen; dbieter@cityofboise.orgi Tammy de Weerd; nmerrill@cityofeagle.org; mayor@cityofkuna.com;
nmitchell@staridaho.orgi johnfranden@cableone.neti dekern@itd.state.id.us; tellis@gardencityidaho.org;
boccl@adaweb.net
Cc: cward@staridaho.org; col1een@cityofkuna.com; jriley@cilyofboise.org; Lorraine Dennisi mgabriel@adaweb.neti
Peggy Gardner; sbconklin@gardendtyidaho.orgi sslaughter@achd.ada.id.usi tosborn@cityofeagle.orgi
thall@cityofboise.or9i sprice@achd.ada.id.us
Subject: RE: Blueprint for Good Growth: Resolution needed from your jurisdiction for BGG non-profit status
Blueprint for Good Growth Consortium members:
Many of you have requested the BGG resolution that I sent last week in Word format. I have just received it from
Holland & Hart and past it along for your use.
Karen Doherty, P .E.
Project Coordinator
Blueprint for Good Growth, Inc.
www.blueprintforgoodgrowth.com
5/12/2005
rag~ ,t. Ul ."
email kdoherty@dohertyeng.com
cia Doherty & Associates, Inc.
575 E Parkcenter Blvd, Suite 200
Boise,lD 83706
ph (208) 336-0420
fax (208) 336-2407
cell (208) 863-2746
website www.dohertyeng.com
From: Arthur Hundhausen [rnailto:AHundhausen@hollandhart.com]
Sent: Mondayl May 09,20054:45 PM
To: Dohertyl Karen
Subject: Blueprint Resolution
Karen - was in meetings until a few minutes ago - here you go (pure Microsoft Word format). Let me know
if you or any of the cities have any questions. Note that the non-city members will have to adjust to
incorporate their own decision-making boardlbody into the resolution. -Arthur
Arthur A. Hundhausen
Holland & Hart LLP
Tel: 303-295.8548
Fax: 303-295-8261
ahundhausen@hollandhart.com
Karen Doherty, P.E.
PresidentITreasurer
Doherty & Associates, Inc.
575 E Parkcenter Blvd, Suite 200
Boise, 10 83706
ph (208) 336-0420
fax (208) 336-2407
cell (208) 863-2746
email kdoherty@dohertyeng.com
website www.dohertyeng.com
From: Doherty, Karen
Sent: FridaYI May 06, 2005 4:23 PM
To: David Bieter (dbieter@cityofboise.org); Tammy de Weerd (deweerdt@meridiancity.org); Nancy Merrill
(nmerrill@cityofeagle.org); Dean Obray (mayor@cityofkuna.com); Nathan Mitchell (nmitchell@staridaho.org); Rick
Yzaguirre (ryzaguirre@adaweb.net); John Franden Gohnfranden@cableone.net); David Ekern
(dekern@itd.state.id.us); Ted Ellis (tellis@gardencityidaho.org)
Cc: 'Cathy Ward (cward@staridaho.org)'; 'Colleen Nixon (colleen@cityofkuna.comYi 'Jade Riley
Griley@cityofboise.org)'; 'Lorraine Dennis'~ 'Mary Gabriel (mgabriel@adaweb.net)'; 'Peggy Gardner
(gardnerp@meridiancity.org)'i 'Sean Conklin (sbconklin@gardencityidaho.org)'; 'Susan Slaughter
(sslaughter@achd.ada.id.us)'i 'Traci Osborn (tosborn@cityofeagle.org)'; 'Tracy Hall (thall@cityofboise.org)'i Steve
Price (sprice@achd.ada.id.us)
Subject: Blueprint for Good Growth: Resolution needed from your jurisdiction for BGG non-profit status
Blueprint for Good Growth Consortium members:
5/12/2005
r(l~t; J Vl J
We have been advised by Holland and Hart that the attached resolution should be passed by each individual
jurisdiction to recognize Blueprint for Good Growth and acknowledge its the entity. This resolution is necessary for
Blueprint for Good Growth's non-profit requirements by the IRS. I request the resolution passage by each individual
entity by May 23.
Please contact me if you have any questions. We will be gathering representatives of the BGG Consortium for a 20-
minute meeting immediately following the COMPASS Board meeting on May 23 at the Ada County Courthouse to
finalize and adopt your by-laws and elect officers. The by-laws will be distributed for your review prior to the meeting.
Respectfully,
Karen Doherty, P.E.
Project Coordinator
Blueprint for Good Growth
www.blueprintforgoodgrowth.com
email kdoherty@dohertyeng.com
clo Doherty & Associates, Inc.
575 E Parkcenter Blvd, Suite 200
Boise, ID 83706
ph (208) 336-0420
fax (208) 336-2407
cell (208) 863-2746
website www.dohertyeng.com
.Page 1 ot 1
Will Berg
From: Ted Baird [bairdt@meridiancity.org]
Sent: Thursday, May 12,200511 :05 AM
To: Will Berg; johnsonj@cLmeridian.id.us
Cc: Bill Nary; Michelle Albertson
Subject: Blueprint for Good Growth Resolution for 5/17 consent agenda
Michelle is out of the office today, so please review for formatting errors, etc.
Ted
5/12/2005
MAYOR
Tammy de Wcerd
..~~~
cUe;idi~~ .;" \,
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PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 . Fax (208)898-955]
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533. FAX 888-6854
ST AFF REPORT;
Hearing Date: May 17, 2005
To:
Mayor, City Council and Planning & Zoning Commission
11l
Sonya Allen, Assistant City Planner C
Michael Cole, Development Services Coordinator J'Y\ c...
From:
Re:
Paramount Subdivision No.7
Final Plat approval of Forty (40) Single-Family Residential Building Lots on
10049 Acres in an R-8 Zone, by Paramount Development, Inc. (File No. FP-05-
030).
We have reviewed the above referenced submittals and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly modified
or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
The applicant, Paramount Development Inc., has applied for Final Plat approval of 40 single-
family residential building lots on 10049 acres of land for Paramount Subdivision No.7. The
zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This
phase of the subdivision will have a gross density of 3.81 d.u./acre and a net density of 4.92
d.u./acre.
Paramount Subdivision No.7 is located approximately ';4 mile east ofN. Linder Rd. and ';4 mile
south of Chin den Blvd., in the SW y,; of Section 25, TAN., R.IW.
There is no common area proposed within this phase of Paramount Subdivision. The pressurized
irrigation system within this development is to be owned and maintained by the Paramount
Homeowners Association.
A Conditional Use Permit (Planned Development) was approved for this subdivision that
allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,500 s.f.; front setbacks
reduced from 15' for living areas to 10'; street side setbacks reduced from 20' to 10'; and a
reduction in street frontage from 65' to 50',
The final plat for this phase shows a total of eight (8) building lots fewer than was approved with
the preliminary plat and the lots were subsequently made larger. Staff has no concerns with the
proposed changes because the resulting density stills falls within the target density desired in the
FP-OS-030 Exhibit "A" Paramount Sub7 FP.doc
(
05-17-'05 16:48 FROM-EngIneering N,'~I.
2083765556
T-041 P002/003 F-l11
[inJ(ineerinl( NorthWest, LLC
" N. Ancestor Place, Suite] 80 Boise, Idaho 83704
(208) 376.5000 " Fax (208) 376-5556
May 17,2005
Mayor and City Counci I
City of Meridian
660 E. Watertower, Suite 200
Meridian, ID 83642
Re: File No. FP-05-030 Paramount Subdivision No.7
I am writing on behave of our client, Paramount Development Inc., who have indicated to us their
acceptance of the conditions of approval as outlined by staff for the above referenced.
Our response to the City>s Site Specific Comments for this project are as follows:
City of Meridian - Site Specific Comments / Final Plat
1) All terms of the approved Preliminary Plat (pP-03-004), Conditional Use Pem1it (CUP-03-
00&) and Development Agreement (lnst. No. 103137116) have been met.
2) The Paramount Homeowners Association will OWn and maintain the pressure irrigation
system within this development. A single-point cOIll1ection to culinary water as a
secondary supply was constructed in phases 1 and 3,
3) Temporary construction fencing will be provided as required.
4) Agree.
5) A 15~foot wide Public Utilities, Drainage and Irrigation easement along the western
property lines of Lots 16 through 19, Block 4 has been added to the plat.
6) The Real Point of Beginning has been added to the face of the plat.
7) Face of plat - Notes
a. (11.) Development Agreement Instnunent No. 103] 37116 has been added.
8) Mailbox locations will be coordinated with the Meridian Po~t Office.
9) An Ada County Street Name Corrunittee Final letter will be submitted to the City prior to
signature by the City Engineer.
10) No basins are being used in this phase.
11) Agree.
General Requirements
1) Agree.
2) Agree.
3) Agree.
4) Agree.
5) An review fees will be paid by the developer prior ~ure of the final plat.
6) There are no known existing domestic wells andJo,l: septic sySteIflS-to...ee removed within
this project. -
7) Streetlights will be installed at subdivider's expense per City of Meridian requirements.
8) No engineered backfill is required on this project.
9) See attached certification letter finished centerline elevations /3' ground water elevation.
E \ 11I0u "('"
(
05-17-'05 16:48 FROM-Engineering N,W.
2083765556
T-041 PB03/003 F-111
10) Fire hydrant locations have been coordinated and approved with the City of Meridian
Public Works Superintendent.
II) There are no existing trees over 4" in caliper for this project.
Should you have any questions or need anything else feel free to give me a call.
Exhibit "C"
2
(
05-17-'05 16:48 FROM-Eng~neering N,W,
2083765556
T-041 P002!003 F-lll
Enf(ineerinl: North West, LLC
,p 1 N. Ancestor Place, Suite 180 Boise, Idaho 83704
May 17,2005
(208) 376-5000 · Fax (208) 376-5556
Mayor and City Council
City of Meridian
660 E. Watertower, Suite 200
Meridian, ID 83642
Re: File No. FP-05-030 Paramount Subdivision No.7
I am writing on behave of our client, Paramount Development Inc., who have indicated to us their
acceptance of the conditions of approval as outlined by staff for the above referenced.
Our response to the City's Site Specific Comments for this project are as follows:
Citv of Meridian - Site Specific Comments / Final Plat
1) All tenns of the approved Preliminary Plat (pP-03-004), Conditional Use Pem1it (CUP-03-
DOS) and Development Agreement (lnst. No. 103137116) have been met.
2) The Paramount Homeowners Association will OWn and maintain the pressure irrigation
system within this development. A single-point connection to culinary water as a
secondary supply was constructed in phases I and 3.
3) Temporary construction fencing will be provided as required.
4) Agree.
S) A I5-foot wide Public Utilities, Drainage and Irrigation easement along the western
property lines of Lots 16 through 19, Block 4 has been added to the plat.
6) The Real Point of Beginning has been added to the face of the plat.
7) Face of plat - Notes
a. (11.) Development Agreement Instrument No.1 03137116 has been added.
8) Mailbox locations will be coordinated with the Meridian Post Office.
9) An Ada County Street Name Committee Final letter will be submitted to the City prior to
signature by the City Engineer.
10) No basins are being used in this phase.
11) Agree.
General 'ReQUirements
1)
2)
3)
4)
5)
6)
7)
8)
9)
Agree.
Agree.
Agree.
Agree.
All review fees will be paid by the developer prior t~ure of the final plat.
There are no known existing domestic wells andJo/septic sys1"ems...t~e removed withi~
this proj ect.
Streetlights will be installed at subdivider's expense per City of Meridian requirements.
No engineered backfill is required on this project.
See attached certification letter finished centerline elevations / 3' ground water elevation.
E~hihll T"
05-17-'05 16:48 FROM-En( 3ering N,W,
2083765556
T-041 P003/003 F-l11
10) Fire hydrant locations have been coordinated and approved with the City of Meridian
Public Works Superintendent.
11) There are no existing trees over 4" in caliper for this project.
Should you have any questions or need anything else feel free to give me a call.
ExhIbit "C"
2
.. ...
II
,II !If
III
II II
IIlI
III III
II
II III
III
05/16/05 17:49 FAX 208 377 ..:162
@001
EARAMOUNT
May 16, 2005
Mayor Tammy DeWeerd
Meridian City CouncH
33 E. Idaho Ave.
Meridian> ID 83642
RE: Paramount Subdivision No. 7
Dear Mayor and City Council:
I have reviewed the staffreport for the final plat of Paramount Subdivision No.7. I am in
agreement with staff's recommended conditions and ask for your approval consistent
with those conditions.
David Turnbull
President
Cc: Anna Powell
Bruce Freckleton
Pamnloum Developmfmt lttc.
w,,",W,param olmt-idafto. com
. 12601 w:. bplorer Drll>e _ Suile 200 . Boi~.c. Idaho 81713
. Telepho,.e (208) 378-4000 - Fux (208) 377-9962
hluhil"Il"
"'HII''''
l:lll-
Il"
II III
II
III III
III
II III
n
05/16/05 17:49 FAX 208 377 J2
(
'..
@OOl
EARAMOUNT
May 16,2005
Mayor Tammy DeWeerd
Meridian City Council
33 E. Idaho Ave.
Meridian, ill 83642
RE: ParamoWlt Subdivision No.7
Dear Mayor and City Council:
I have reviewed the staffreport for the final plat of Paramount Subdivision No.7. I am in
agreement with staff's recommended conditions and ask for your approval consistent
with those conditions.
David Turnbull
President
Cc: Anna Powell
Bruce Freckleton
Paramoullt Devetopmem Inc.
ww f1.!.Daram Qunt-idallo.cnm
_ 12601 W. Explorer Drive _ SuiJe 100 . Boise, ldaho 83713
. Telephone (208) 378-4000 . Fax (108) 377-8962
hlllllll"Jt"
DELINQUENCY FOR TURN OFF
Schedule for May 18, 2005
Cycle 1
MAYOR: Pursuant to Meridian City Code 9-1-21,
delinquent water users shall have the right to request a pre
termination hearing prior to water service being
disconnected. No water users having requested such pre-
termination hearing for May 17,2005, water service for the
attached turn-off list will be terminated on May 18, 2005.
The total amount of the tum-offlist is $32,338.57.
MAY 1 7 2005
rPt
t..' 1 Y 0 f 1\i1 0<'1" 0.11' ~u
n~} _ 1....-1. ;;:jJ1.
1Jlty Clerk O[nc~
, ...0
( (
CITY OF MERIDIAN Delinquent Account List- council Page: 1
Standard Payment Customers May 17, 2005 03:43pm
Current Period; OS/20/2005
No Delinquent Minimum AmountDellnquent Balance
Report Criteria:
Terminated customers not included
Customer.Cust No () = {<} 880000001
Customer. Bill Cycle = 1
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/20/2005 02/20/2005 01/20/2005 Date Amount
24.04.0552.1 ABBEY BEN 73.22 46.80 26.42 04/21/2005 45.00 -
24.04.1904.1 ABBOTT, SCOTT 121.50 67.32 54.08 .10 04/13/2005 56.54.
24.04.0868.2 ABLE, MICHAEL 107.40 59.75 47.65 04/19/2005 46.57 -
30.74.1508.2 ACHD 18.18 17.94 .24 05/16/2005 17.70 -
23.02.1930.2 ACUNA, JULIO & 70.22 40.96 29.26 04/19/2005 40.00 -
30.74.3602.2 ADAMS, CYNTHIA 76.77 36.30 40.47 04/19/2005 58.48 -
23.02.0428.2 ADLER, JUSTIN 153.14 89.68 63.46 04/15/2005 117.23 -
23.01.1360.1 AKERS,GENEVA 229.56 131.63 97.93 03/21/2005 88.01 -
22.50.0244.1 ALGER, BRENT 50.69 28.87 21.82 04/01/2005 46.68 -
37.37.3042.1 ALL AMERICAN CONSTRUCTIOt 17.59 14.11 3.48
37.37.3284.1 ALL AMERICAN CONSTRUCTIOt 4.94 3.59 1.35
37.37.3326.1 ALL AMERICAN CONSTRUCTJOt 4.94 3.59 1.35
30.74.2542.2 ALLEN, JIM 129.51 114.12 15.39 04/27/2005 100.00 -
37.37.3248.2 ALLEN, MARK & MICHELLE 94.08 52.86 41.22 04/12/2005 69.36 -
34.01.0076.1 AMBER POINT (8K BUILDING) 38.71 26.71 12.00
20.46.0444.1 ANDERSEN, LEONARD 57.22 32.85 24.37 03/20/2005 27.77 -
23.02.0888.1 ANDERSON, DEAN 47.52 21.82 25.70 04105/2005 61.72-
30.74.1026.1 ANDERSON, DOUGLAS 206.36 116.90 89.46 04/20/2005 70.00.
25.05.0706.1 ANDERSON, RON L. 41.21 24.37 16.84 01/24/2005 44.15 -
22.50.4494.3 ANDERSON, STAN 50.69 28.87 21.82 03/21/2005 25.22 -
23.02.6300.1 ANSON, PATRICIA 148.08 52.30 52.86 42.92 03/23/2005 50.00 -
22.50.1990.2 ANSON,REBECCA 198.05 91.47 43.77 62.81 02/16/2005 156.24 -
24.04.1664.3 ANSON, RICK & REBECCA 91.10 32.85 58.25 03/28/2005 140.11 -
30.74.1122.2 ARMSTRONG, WEND I 41.56 33.46 8.10
30.74.3660.2 ATHERTON, NOBLE 152.78 76.08 76.70 04/21/2005 70.00 -
30.74.3696.3 ATTEBERRY,SHELLY 193.09 83.76 80.43 28.90 03/18/2005 69.00 -
22.51.3370.1 ATWOOD, CINDI 74.26 36.92 37.34 04/18/2005 32.74 -
22.50.2404.4 BACHMANN, LEVI 100.43 57.99 42.44 04/19/2005 37.84 -
46.46.7002.2 BAILEY, MICHAEL & AUNDREA 110.45 39.23 71.22 03/16/2005 120.74 -
22.51.0694.1 BAILEY, PEGGY 105.61 44.97 48.98 11.66 05/13/2005 20.00 -
22.50.0066.2 BAIRD, DANIEL & JILL 80.90 51.32 29.58 03/15/2005 31.76 -
24.04.1988.3 BALDOCCHI EUGENE & INES 81.26 54.88 26.38 04/14/2005 48.98 -
30.74.3604.3 BARBEY, THOMAS 190.40 61.38 60.68 24.56 43.78 04/05/2005 4.00 -
32.32.4054.2 BARBOUR, KELLY & JENNIFER 73.32 38.03 32.13 3.16 04/15/2005 32.13 -
22.50.1916.3 BARKHOFF, DALE 32.88 29.98 2.90
23.01.2110.2 BARROETABENA, PHYLLIS 103.65 26.71 55.70 21.24 03/1 7/2005 75.00 -
25.25.1078.2 BARTON, RANDY & JUDITH 93.02 37.61 55.41 03/24/2005 66.82 -
37.37.2898.2 BATTAGLIA, SAM & MARISA 79.06 43.05 36.01 04/19/2005 39.05 -
22.50.1022.1 BEACH, ROXANNE 111.48 74.05 37.43 04/20/2005 1 22.96 -
37.37.3014.1 BEAR CREEK LLC 44.50 20.49 24.01 03/21/2005 24.01 -
35.35.0283.3 BEARD, KEVIN & CORRINA 75.90 39.89 36.01 03/22/2005 35.29 -
31.52.0750.2 BECK, BILL 22.89 7.79 7.55 7.55
31.52.0700.2 BECK, BILL 108.88 32.94 32.70 32.70 10.54
30.74.2640.2 BECK, JEFFERY & TRACEY 165.91 80.31 85.60 04/12/2005 65.00 -
25.25.4040.2 BEDOYA,PEDRO 96.91 34.47 33.46 28.98 02/25/2005 36.50 -
24.04.1208.2 BEHRENDS,DALE 128.99 55.31 73.68 04/22/2005 38.00 .
24.04.2010.7 BELAIR, DENNIS 91.20 24.00 29.58 17.70 19.92 12/21/2004 113.87.
30.74.3172.2 BENDER, ERIC& TREASA 84.59 62.35 22.24 04/19/2005 51.53 -
23.02.1008.1 BENNETT, JAMES 87.10 53.90 33.20 0311712005 40.00 -
36.68.0312.2 BENSON, JR. DARRYL 95.89 52.12 43.77 04/2012005 50.33 -
... in Msg column indicates no Notice is to be sent
/ c.
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CITY OF MERIDIAN Delinquent Accoun t List- council Page: 2
Standard Payment Customers May 17, 2005 03:44pm
Current Period: OS/20/2005
No Delinquent Minimum AmounlDelinquent Balance
Last Pmt Last pmt
Cust No Name Balance Non-DeJinq 03/20/2005 02/20/2005 01/20/2005 Dale Amount
20.46.0106.2 BERKHEISER, RYAN 53.14 32.43 20.71 03/25/2005 55.00 -
30.74.1036.2 BEVINGTON, WILSON 87.54 43.77 43.77 03/11/2005 85.61 -
34.34.6106.2 BINDER, BRET 34.46 33.86 .60 04/27/2005 31.53 -
37.72.0256.2 BIRDGE, RICHARD & TONI 79.75 46.93 32.82 04/21/2005 50.00 -
30.74.2724.1 BISHOP, CALVIN 58.95 35.29 23.66 04/19/2005 40.00 -
36.69.0150.3 BLAGBURN, DEBBIE 83.10 43.21 39.89 03/31/2005 39.05 -
23.02.4200.1 BLAKELY, CLAUDE JAMES 53.55 36.01 17.54 03/22/2005 50.00 -
24.04.1140.2 BLASER, GLENN 105.77 73.64 32.13 04/20/2005 74.34 -
24.04.2200.1 BLAYE, JOHN 77.63 41.62 36.01 03/30/2005 35.29 -
24.04.0536.8 BOBKO, RAYMOND 81.35 40.61 20.49 20.25 02/14/2005 155.74 -
22.50.1726.2 BOESIGER, MAX 136.37 69.95 66.42 04/28/2005 60.00 -
24.04.0862.5 BOESPFLUG, DAN & KATHY 149.99 95.91 54.08 04/20/2005 65.36 -
37.37.4140.2 BOLLWINKEL, BRETT 57.50 57.30 .20 04/19/2005 51.33 -
37.72.0164.1 BONFRISCO, LOUIE & JENNELL 77.36 45.23 32.13 05/11/2005 30.22 -
30.30.6050.2 BONNEY, AARON 56.75 26.82 24.37 5.56 03/17/2005 76.22 -
20.46.0510.1 BOOHER, FRANK 74.04 41.91 32.13 03/15/2005 35.29 -
24.04.2286.2 BOOKER, KEITH 166.28 103.11 63.17 04/21/2005 95.37 -
32.32.4960.1 BORCHERS, LARRY 93.76 33.86 32.13 27.77 03/01/2005 35.29 -
37.37.3620.2 BOYLE, CHRISTINA 78.18 35.74 42.44 03/07/2005 92.60 -
20.46.0300.1 BRANDNER, JAMES 85.74 55.28 30.46 02122/2005 108.06 -
22.50.2194.2 BRAUN, STEPHANIE 56.51 30.89 25.62 03/28/2005 73.00 -
22.50.4272.1 BREEDLOVE, ANGELA 87.03 35.72 28.25 23.06 03/24/2005 40.00 -
23.01.0800.1 BREWER, SID & SHELLY 96.92 59.58 37.34 04/21/2005 74.55 -
23.02.3370.4 BRIGGS, TERI 228.97 71.73 113.90 43.34 03/16/2005 80.00 -
23.02.1290.5 BRINEGAR, E.E. 92.85 49.01 37.34 6.50 05/16/2005 30.00 -
23.02.3712.2 BRINEGAR, E.E. 65.24 57.59 7.65 05/17/2005 40.00 -
36.69.0574.1 BROWN, JAMES & SHERRY 63.32 51.98 11.34 04/28/2005 50.00 -
22.50.0544.2 BROWN, TIM & LISA 94.83 57.49 37.34 03/25/2005 40.26 -
25.95.0412.2 BROWNE, ROBERT 34.73 17.94 16.79
22.51.4000.3 BRUCK, JACK & DAWN 360.10 30.21 30.21 29.85 269.83 09/21/2004 50.53 -
20.47.1164.2 BURDEN, TYLER & AMY 67.20 41.38 25.82 04/06/2005 32.74 -
36.69.0182.1 BURNS, DONALD 53.49 31.81 21.68 03/03/2005 96.20 -
30.74.3618.4 BURNS, EMMETT 59.91 21.98 17.94 17.70 2.29
36.68.0232.2 BYINGTON, ALEX & HEIDI 99.05 57.43 41.62 04/21/2005 40.00 -
32.32.4946.5 BYINTON, ELMER 46.62 17.94 17.94 10.74
36.69.0194.2 CAMPBELL, BLAKE & YVONNE 82.43 45.07 37.36 03/28/2005 40.00 -
30.30.6280.2 CAMPBELL, ROBERT 133.33 49.54 69.89 13.90 03/1612005 75.29 -
36.65.3150.1 CARICO, SCOTT 79.36 39.47 39.89 03/29/2005 35.29 -
24.03.0428.4 CARLSON, JOHN & SAM 70.80 37.34 33.46 03/15/2005 24.54 -
35.65.0688.1 CARPENTER, GAIL 143.94 119.57 24.37 04/11/2005 51.78 -
30.74.1278.1 CASCADE APARTMENTS L.L.C. 82.14 81.51 .63 04/25/2005 65.36 -
24.04.0798.2 CASE, RICHARD & DONNA 121.17 53.87 28.25 39.05 02117/2005 209.02 -
30.74.0680.2 CASH, MICHAEL 96.22 23.84 25.70 21.46 25.22 02109/2005 8.56 -
24.03.0850.2 CAST, PETER & VERIONICA 67.16 43.05 24.11 04/15/2005 50.00 -
23.02.3862.1 CATHEY, RICHARD 76.19 36.30 39.89 04/11/2005 35.29 -
31.31.0215.1 CENTRAL PARK PLAZA BLDG A 698.51 297.93 204.05 196.53 02125/2005 106.61 -
23.23.3000.2 CHANDLER, JASON & TABBUTT 84.19 47.94 36.25 04/19/2005 46.59 -
24.03.0070.1 CHANDLER-ZUNDEL, PATRICIA 74.81 42.92 31.89 03/16/2005 92.00 -
22.50.0506.3 CHAPEL, GREGORY 83.40 47.39 36.01 03/25/2005 15.53 -
20.46.0248.4 CHAPMAN, PATRICK & PATRICI, 74.25 62.51 11.74 03/07/2005 111.70 -
23.02.3410.1 CHECK, MICHAEL & NORMA 88.21 50.87 37.34 03/16/2005 32.74 -
23.02.4700.2 CHENEY,STEVEN 68.61 60.25 8.36 05/17/2005 45.00 -
30.74.3676.4 CHENEY,STEVEN 135.84 41.22 94.62 04/05/2005 113.00 -
23.02.6100.1 CHENEY,STEVEN 84.36 50.90 33.46 04/27/2005 36.50 -
22.50.0500.3 CHESTER, FAYE 72.72 47.02 25.70 04/11/2005 53.56 -
... in Msg column indicales no Notice is to be sent
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CITY OF MERIDIAN Delinquent Account List- council Page: 3
Standard Payment Customers May 17, 2005 03:44pm
Current Period: 0512012005
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 0312012005 02/2012005 01/2012005 Date Amount
30.30.6228.2 CHilDRESS. JACK 30.70 30.46 .24 04/21/2005 36.00 -
24.03.0814.1 CHilDS. KIM 68.14 32.13 36.01 03/14/2005 117.15-
23.23.3024.1 CHRISTENSEN, DWAYNE 90.20 45.10 45.10 04/1912005 44.00 -
35.35.0216.1 CHRISTENSEN, S. G. 25.80 24.80 1.00 0510312005 25.52 -
37.37.3314.1 CHRISTIAN BROS 39.52 21.82 17.70 04/05/2005 13.54 -
37.37.3268.1 CHRISTIAN BROS CONSTRUCTI 39.52 21.82 17.70 04/05/2005 12.59 -
23.02.3466.2 CHRISTIANSEN, SUE ANN 67.51 37.93 29.58 03/1112005 61.72 -
22.51.1174.2 CHRISTIANSON, ARTHUR & COI 114.16 20.15 18.83 48.83 26.35 02116/2005 131.78-
22.51.1170.2 CHRISTIANSON, ARTHUR & COI 81.70 21.53 11.31 37.55 11.31 02/16/2005 64.10 -
30.74.2676.1 CHURCHMAN, KAREN lEE 75.54 36.01 39.53 03/1512005 62.00 -
25.25.0160.2 CLARK. CORTNEY 64.97 31.31 25.70 7.96 03/30/2005 50.00 -
20.46.0284.1 CLARK, WENDY 65.99 37.74 28.25 04/15/2005 34.34 -
25.05.0344.1 CUFF. DWIGHT 207.16 113.06 94.10 05/06/2005 60.00 -
30.74.3360.1 COLE. DEBRA 50.79 35.59 15.20 0412712005 24.17 -
23.02.0030.2 COLE. MICHEllE 28.45 27.97 .48 05102/2005 25.04 -
46.46.6244.2 COLLINS, DENISE 46.80 24.98 21.82 0312812005 21 .46 -
22.51.4170.4 COLSON, HOWARD 75.77 28.73 21.82 25.22 02/11/2005 75.66 -
37.37.3008.1 CONCORE 133.26 48.98 44.02 40.26 02/25/2005 40.26 -
24.04.0888.1 CONNEll. DION 128.60 78.40 50.20 03/22/2005 120.80 -
25.05.0518.1 COOK, ROBERT 88.84 45.07 43.77 04/21/2005 39.05-
25.95.0618.1 COREY BARTON.CONSTRUCTIC 6.06 3.59 2.47
25.95.0312.1 COREY BARTON CONSTRUCTIC 35.64 17.94 17.70 03117/2005 21.46 -
25.95.0803.1 COREY BARTON CONSTRUCTIC 27.60 21.82 5.78 03117/2005 3.48-
25.95.0310.1 COREY BARTON CONSTRUCTIC 17.59 14.11 3.48
25.95.0708.1 COREY BARTON CONSTRUCTIC 6.06 3.59 2.47
25.95.0309.1 COREY BARTON CONSTRUCTIC 35.64 17.94 17.70 03/17/2005 17.70 -
25.95.0306.1 COREY BARTON CONSTRUCTIC 35.64 17.94 17.70 03/17/2005 17.70 -
25.95.0323.1 COREY BARTON CONSTRUCTIC 97.12 60.62 36.50 03/1712005 44.02 -
25.95.0618.1 COREY BARTON CONSTRUCTIC 39.52 21.82 17.70 03/1712005 17.70 -
25.95.0615.1 COREY BARTON CONSTRUCTIC 39.76 21.82 17.94
25.95.0321.1 COREY BARTON CONSTRUCTIC 82.19 25.70 56.49 0311712005 3.48 -
25.95.0614.1 COREY BARTON CONSTRUCTIC 27.60 21.82 5.78 0311712005 3.48 -
25.95.0613.1 COREY BARTON CONSTRUCTIC 35.64 17.94 17.70 0311712005 17.70 -
25.95.0507.1 COREY BARTON CONSTRUCTIC 35.64 17.94 17.70 03117/2005 17.70 -
25.95.0322.1 COREY BARTON CONSTRUCTIC 29.31 17.94 11.37 03117/2005 3.48-
45.25.0209.1 COREY BARTON CONSTRUCTIC 5.16 3.59 1.57
45.25.0210.1 COREY BARTON CONSTRUCTIC 5.16 3.59 1.57
45.25.0303.1 COREY BARTON CONSTRUCTIC 11.00 8.64 2.36
45.25.0204.1 COREY BARTON CONSTRUCTIC 5.95 3.59 2.36
45.25.0203.1 COREY BARTON CONSTRUCTIC 5.16 3.59 1.57
45.25.0108.1 COREY BARTON CONSTRUCTIC 5.95 3.59 2.36
45.25.0107.1 COREY BARTON CONSTRUCTIC 5.95 3.59 2.36
45.25.0104.1 COREY BARTON CONSTRUCTIC 5.95 3.59 2.36
45.25.0106.1 COREY BARTON CONSTRUCTIC 5.95 3.59 2.36
45.25.0205.1 COREY BARTON CONSTRUCTIC 5.95 3.59 2.36
46.46.6290.1 COREY BARTON CONSTRUCTIC 35.64 17.94 17.70 0311712005 17.70 -
45.25.0211.1 COREY BARTON CONSTRUCTIC 5.95 3.59 2.36
45.25.0208.1 COREY BARTON CONSTRUCTIC 5.16 3.59 1.57
45.25.0302.1 COREY BARTON CONSTRUCTIC 5.95 3.59 2.36
25.25.9886.1 COREY BARTON HOMES 48.50 28.25 20.25 03/17/2005 20.25 -
24.04.0120.2 CORONA. JUAN & ROMONA 123.61 70.27 53.34 04/19/2005 65.00 -
24.04.1746.1 COSGROVE, AMY 126.77 83.00 43.77 04/20/2005 108.10-
35.35.0182.2 COVINO, MELODY 81.01 43.67 37.34 03/15/2005 132.06 -
35.35.0228.1 COVINO, PETER III 136.28 69.23 67.05 04/11/2005 111.61-
23.02.4300.1 CRAVENS, ANTHONY P. 135.68 78.94 56.74 03/28/2005 55.30 -
... in Msg column indica1es no Notice is to be sent
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CITY OF MERIDIAN Delinquent Account list- council Page: 4
Standard Payment Customers May 17, 2005 03;45pm
Current Period: 05/20/2005
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last pmt
Cust No Name Balance Non-Delinq 03/20/2005 02/20/2005 01/20/2005 Date Amount
37.72.0228.3 CRONISTER, DAVID & TERESA 125.83 46.54 79.29 04/25/2005 55.80 -
24.04.0686.2 DA ROSA. JULIE 101.73 76.33 25.40 05/1712005 62.64 -
23.02.0910.1 DAILEY, DON 88.15 49.73 37.34 1.08 03/22/2005 45.10 -
30.74.2756.1 DALLlNG, JEFFREY 80.32 67.96 12.36 04/19/2005 35.29 -
22.50.3852.2 D'AMICO, JENNIFER 62.45 32.75 29.70 03/29/2005 26.00 -
23.02.4330.1 DANNENHAUER,CHARLES 48.95 30.89 18.06 02/28/2005 75.66 -
24.03.0874.2 DAVENPORT, ERIC 61.46 33.78 27.68 0211 0/2005 139.06 -
22.50.0288.6 DAWSON, CAROL 65.82 22.54 21.82 21.46 04101/2005 77. 04 .
37.72.0132.1 DEL BRADLEY STINE 42.46 41.62 .84 04/19/2005 78.10 -
34.34.6324.1 DIAMOND RIDGE 90.89 87.41 3.48
30.74.0080.1 DIAMOND, KIMBERLY 94.08 48.98 45.10 04/19/2005 40.26 -
35.65.0416.2 DllECCE, JOE & TERESA 76.49 40.48 36.01 03/22/2005 74.34 -
22.50.0204.1 DIPAOLA, JONATHAN 69.44 41.38 28.06 04/11/2005 60.00 -
35.35.2380.1 DISON, CHRISTOPHER & TERI 90.37 55.81 34.56 03/08/2005 110.00-
22.50.1922.2 DIXON, KIEV & LILY 58.52 34.15 24.37 04/13/2005 27.77 -
24.04.1166.3 DONALDSON, NEAL 108.43 74.97 33.46 04/21/2005 60.00 -
30.74.1062.1 DOTY, PAULINE & RON 71.76 21.64 50.12 05/16/2005 60.00 -
22.51.4320.1 DOUBlE-D SERVICE CENTER 180.73 99.54 81.19 04/1812005 113.17 -
30.30.5014.2 DREWES, ZINA 95.64 67.39 28.25 04/1 812005 14.54 -
24.04.1312.2 DRIPPS, NICHOlE 98.92 59.03 39.89 03/2212005 89.38 -
35.35.0036.3 DUARTE, RACHEL 89.30 54.94 33.46 .90 03/18/2005 119.00 -
30.74.3802.1 DUNN, MIKE 45.65 37.31 8.34 05/13/2005 32.13-
25.25.1060.3 DUNSWORTH, BRAD & JODI 71.18 48.53 22.65 04/25/2005 60.00 -
36.68.0102.2 DURHAM,KYLE 61.39 29.26 32.13 04/19/2005 76.65 -
23.02.0426.3 DURON, DAVID & ELIZABETH 97.22 57.33 39.89 04/11/2005 35.29 -
20.46.0854.1 DURRANT,cALAN C 193.24 11D.67 82.57 04/18/2005 76.65 -
46.46.6202.2 EAGlEWOOD HOMES 20.84 17.94 2.90
23.02.5010.1 EARLEY, GEORGE 58.70 29.16 29.54 05/16/2005 25.22 -
30.74.1108.1 EDDY, DENNIS 70.14 36.74 33.40 04/05/2005 72.64 -
21.48.1633.1 EDDY'S BAKERY .52 .52 01/18/2005 3.48-
35.35.7800.1 EDGE l.L.C 318.29 192.85 125.44 03/17/2005 140.48 -
37.72.0101.1 ELK RUN HOMEOWNERS ASSO 200.00 200.00 03/11/2005 116.30 -
34.01.0052.1 EMPRO OFFICE BlDG 6.85 3.59 3.26
23.02.1940.1 EPLEY, RITA 91.54 65.30 26.24 04/22/2005 50.00 -
22.50.1238.2 ERHART, MilT 105.34 105.34 10/19/2004 127.82 -
22.50.1230.2 ERHART, MilTON 71.89 39.76 32.13 03/15/2005 31.53 -
22.51.3340.1 ERICKSON, LYDIA 56.29 26.71 29.58 03/14/2005 21 .46 -
21.49.1226.2 ERSTAD, ROGER 594.91 381.53 213.38 03/21/2005 145.70 -
30.74.3796.2 ESPEY, MATTHEW & ANDREA 67.90 40.48 27.42 05/11/2005 40.00 -
23.02.6380.3 ESTEP, COURTNEY & SCOTT, J. 131.64 74.90 56.74 04/15/2005 81.54 -
23.02.2430.2 ETI ENNE, LUCRETIA 102.12 41.36 29.40 28.80 2.56 03/2212005 30.00 -
32.32.4386.2 EVANS, DANIEL, RHONDA 80.45 43.11 37.34 04/18/2005 76.76 -
36.69.0244.2 EVANS, GARLAND 62.83 34.58 28.25 03/29/2005 31.53 -
24.04.1940.2 EXNER, VERNON & ELIZABETH 78.85 41.51 37.34 03/22/2005 36.50 -
30.74.3614.1 FACKRELL, THOMAS 104.44 37.02 43.25 24.17 03/15/2005 70.58 -
24.04.1564.2 FAIRCHILD, KERI 95.78 35.88 32.13 27.77 03/14/2005 55.54 -
37.37.3890.3 FALCONER, JASON & WENDY 94.70 47.65 47.05 03/22/2005 22.00 -
32.32.4340.2 FARREll, JOHN & CLAUDETTE 28.18 21.82 6.36
35.65.0262.2 FENWICK, J. & LOGAN, SHERYL 76.29 18.95 17.94 17.70 21.70
22.50.0260.7 FIElDSTAD, CHRISTY 77.21 35.19 41.82 .20 04/18/2005 54.00 -
22.50.0290.5 FIElDSTAD, CHRISTY 106.88 34.50 25.70 28.98 17.70 01/13/2005 95.78 -
30.74.2568.2 FINLEY, JEFFREY 191.03 76.11 52.86 32.74 29.32 04/21/2005 100.00 -
30.74.1006.1 FISHEL, GEORGE 164.10 72.35 91.75 04/05/2005 48.11 -
30.74.1056.1 FISHER, BEA J. 66.14 37.34 28.80 04/25/2005 30.00 -
23.23.3018.3 FLORES, NICANOR 41.23 41.22 .01 04/14/2005 69.95 -
... in M s9 column indicates no Notice is to be sent
cc
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CITY OF MERIDIAN Delinquent Account List- council Page: 5
Standard Payment Customers May 17,2005 03:45pm
Current Period: OS/20/2005
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/20/2005 02120/2005 01/20/2005 Date Amount
36.53.0517.1 FLUID CONNECTOR TI 51.86 34.90 16.98
21.48.2696.1 FOOD SERVICES OF AMERICA 620.22 356.99 263.23 04/18/2005 233.15 -
35.65.0712.1 FORBUS, DON 95.38 50.28 45.10 04/06/2005 47.78 -
36.69.0738.1 FORGY, MICHAEL 58.07 47.23 10.84 04/13/2005 50.00 -
35.35.1414.3 FOX, ERICK 82.02 36.92 45.10 04/15/2005 73.00 -
37.37.3980.3 FRANCE, ADAM 98.76 51.11 47.65 03/15/2005 46.57 -
37.37.3654.2 FRANKLIN, KENNETH & TERRI 62.83 34.58 28.25 03/28/2005 31.53 -
24.04.1162.3 FRANKS, JAMES & JORITA 112.23 65.91 46.32 04/19/2005 52.00 -
34.34.6108.2 FREEMAN, PAUL & CHERYL 78.93 42.92 36.01 03/21/2005 39.05 -
23.02.4930.4 FREEMAN,SARAH 116.23 52.57 32.13 31.53 02125/2005 124.62 -
24.04.1708.2 FREINWALD, CLAY JR 131.27 49.01 37.34 36.50 8.42 02115/2005 90.00 -
20.46.0240.2 FRENCH, KATHY & MILES, WILL 82.87 47.52 35.35 04/19/2005 62.00 .
32.32.4406.2 FRESHWATER, MICHELLE 50.47 26.10 24.37 03/14/2005 51 .78 -
25.95.0410.2 FSW PARTNERS, INC. 33.57 17.94 15.63
24.04.1454.1 FUENTES,CHRYSTLE 81.16 76.90 4.26 05/10/2005 74.68 -
23.01.1250.1 FUHRMAN, JAMES 47.39 29.58 17.81 03/30/2005 25.22 -
23.01.1280.1 FUHRMAN, JAMES 39.40 17.94 21.46 03/30/2005 21.46 -
23.01.1260.1 FUHRMAN, JAMES 51.09 25.70 25.39 03/3012005 21.46 -
23.01.1270.1 FUHRMAN, JAMES 52.41 26.71 25.70 0313012005 21.46 -
23.01.1240.1 FUHRMAN, JAMES 51.09 25.70 25.39 03/3012005 32.74 -
22.51.3154.6 FUHRMAN, JAMES 80.16 35.06 45.10 03/14/2005 58.30 -
23.01.1290.1 FUHRMAN, JAMES 51.09 25.70 25.39 03/30/2005 21.46 -
22.51.3660.3 FUHRMAN, JIM 63.44 21.53 17.94 17.70 6.27
23.01.3520.1 FUHRMAN, KENT 55.09 29.87 25.22 03/30/2005 28.98 -
36.69.0106.2 FURGASON, BONNIE 75.48 39.47 36.01 03117/2005 74.34 -
25.25.4530.2 GALlTZ, KURT & JEANINE 50.76 49.38 1.38 04126/2005 51.53 -
25.95.0611.2 GAMINO, GLORIA 26.62 17.94 8.68
32.32.4656.4 GAMINO, GLORIA 39.76 17.94 21.82
29.07.1084.2 GARCIA. JOAQUIN 91.42 43.77 47.65 05/1112005 35.29 -
30.30.5036.2 GARLAND, RUTH & M.L. 55.15 25.57 29.58 04104/2005 28.98 -
25.25.9904.2 GARVIN, MATTHEW 100.81 56.74 44.07 04/28/2005 45.10-
36.65.3096.1 GEHRING, JEFF 55.28 21.82 33.46 03/22/2005 36.50 -
21.48.2901.1 GEMTONE #3 139.49 137.47 2.02
30.74.3078.2 GENTSCH, NOREEN 277.63 131.97 108.69 36.97 05/17/2005 50.00 -
35.35.1448.2 GIBBS, CINDY 83.32 42.10 41.22 03114/2005 113.26 -
23.02.0852.2 GIESLER, ANGELA 74.85 41.89 32.96 03/21/2005 32.00 -
30.30.6042.2 GLASS, ANNETTE 50.92 30.17 20.75 04/19/2005 60.00 -
23.02.6020.1 GOODPASTER,KAREN 73.49 41.36 32.13 04/05/2005 27.77 -
32.32.4050.2 GOSS, MILO & REBECCA 69.23 35.77 33.46 03122/2005 32.74 -
23.01.2090.1 GOSSEN, KELLI 63.04 33.46 29.58 03/22/2005 61.72 -
30.30.6010.2 GOULD, TRAVIS & AMANDA 127.06 44.36 39.89 42.81 03/09/2005 100.91 -
30.74.0318.5 GOURLEY, JEFFREY 91.08 45.98 45.10 04/05/2005 32.74 -
30.30.6156.2 GRAHAM, JAMES & CORA 38.70 33.14 5.56 04/20/2005 32.13 -
30.74.3022.1 GRAY, RICHARD & GAYLE 94.78 47.65 36.01 11.12 03/21/2005 24.17 -
24.04.1146.2 GREEN LANCE & GLORIA 87.49 50.15 37.34 04/20/2005 66.50 -
24.04.1206.1 GREEN, KEVIN 83.11 47.10 36.01 03/15/2005 108.10-
32.32.4766.1 GREG HATCHER CONSTRUCTI( 70.71 29.58 17.70 16.69 6.74
24.03.0108.1 GRIFFITH, LARRY 64.34 34.76 29.58 03/14/2005 25.22 -
20.46.0190.1 GRIST, JIMMIE 78.64 42.63 36.01 04/18/2005 65.29 -
30.74.3176.3 GROSSL, EDNA 106.80 43.77 63.03 04/19/2005 60.00 -
23.02.4290.1 GROSSO, SHADOW 55.07 34.05 21.02 04/05/2005 55.00 -
24.03.0034.1 GROUND, JENNIFER 144.29 39.89 66.01 38.39 03/1712005 100.00 -
32.32.4688.1 GUARANTEED QUALITY 53.16 21.82 17.70 8.48 5.16
32.32.4134.1 GUARANTEED QUALITY HOMEE 53.34 17.94 17.70 17.70 03/15/2005 82.42 -
32.32.4652.1 GUARANTEED QUALITY HOME~ 12.33 8.85 3.48
... in Msg column indicates no Notice is to be sent
/ l,
(
CITY OF MERIDIAN Delinquent Account List- council Page: 6
Standard Payment Customers May 17, 2005 03;46pm
Current Period; OS/20/2005
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/20/2005 02/20/2005 01/2012005 Date Amount
32.32.4350.1 GUARANTEED QUALITY HOME~ 16.21 12.73 3.48
37.37.3330.1 GUARANTEED QUALITY HOME~ 36.58 21.82 11.28 3.48
37.37.3346.1 GUARANTEED QUALITY HOME~ 6.85 3.59 3.26
37.37.5030.1 GUARANTEED QUALITY HOME~ 53.34 17.94 17.70 17.70 03/15/2005 59.09 -
46.17.0413.1 GUARANTEED QUALITY HOME~ 12.33 8.85 3.48
37.37.3300.1 GUARANTEED QUALITY HOME~ 58.92 29.58 17.70 7.04 4.60
22.50.2378.1 GUTHMILLER, BRIAN A 53.96 40.08 13.88 04/04/2005 40.00 -
29.07.0896.3 HAFER,RUSSELL 104.81 56.71 48.10 04/18/2005 80.00.
29.07.0956.1 HAGADONE, RONALD 76.33 74.81 1.52 04/13/2005 75.00 .
25.25.0118.2 HAGEN, PHILIP 55.76 27.00 25.70 3.06 03/15/2005 43.62 .
32.32.4906.3 HAILEY, SEAN & LYNDY 33.76 33.75 .01 04127/2005 33.45 -
24.04.1220.2 HALE, JAMES & DOW, DIANE 111.24 49.17 43.77 18.30
36.68.0268.2 HALE, LAWRENCE 83.62 44.46 38.56 .60 03/1712005 75.06 -
24.04.1296.3 HALES, SCOTT & AMANDA 111.86 64.21 47.65 04/19/2005 72.81 -
23.02.3360.2 HALL, TIMOTHY & DEBRA 93.21 53.32 39.89 03/22/2005 61.72 -
23.02.5150.2 HAMMACK, CHRIS & LAURA 85.29 74.79 10.50 04/13/2005 28.08 -
20.46.0434.2 HAMMONS, CURTIS & CARLA 101 .27 41.49 28.25 31.53 03/15/2005 66.82 -
24.04.1320.4 HANCE, JOHN & SARA 102.14 56.26 45.88 04/28/2005 45.00 -
25.09.0052.1 HANDKE, RICHARD 19.08 18.95 .13 04104/2005 115.04 -
23.02.5410.4 HANNINAN, ALAN 59.71 30.17 29.54 03/24/2005 32.00 -
24.04.1224.2 HANSARD, DONALD & CARMEN 61.33 25.41 35.92 03/15/2005 45.00 -
30.74.3342.2 HANSARD, DONALD & CARMEN 85.56 60.96 24.60 04/05/2005 18.68 -
30.74.2662.1 HANSEN, DAVID 90.49 45.39 45.10 04/13/2005 40.26 -
23.02.0906.1 HARMON, ROBERT K. & R HALL 50.99 50.15 .84 04104/2005 36.02 -
37.72.0158.1 HARRIS, CINDI 87.10 86.46 .64 04/15/2005 93.00 -
24.04.0512.3 HARRIS, KATHY 123.82 65.03 58.79 04/25/2005 90.00 -
30.74.2988.2 HARRIS, MELISSA 91.29 47.65 43.64 05/10/2005 30.00 -
23.02.0422.4 HARRIS, WILLIAM 81.63 50.71 30.92 03/22/2005 40.00 -
24.04.0576.1 HART KRISTOFER 43.24 40.08 3.16 05/16/2005 33.46 -
25.05.0506.1 HART,RANDY 182.15 70.00 112.15 04/15/2005 125.90 -
30.74.3334.3 HASTING, SHERRI 43.25 32.13 11.12 04/2112005 32.13 -
23.23.3488.3 HAUGEN, JAY & REBECCA 45.21 25.70 19.51
22.50.2112.2 HAY, CHARLES & ROBERTA 89.38 53.42 35.96 05/0312005 50.00 -
22.50.2372.5 HAYCOCK, VANESSA 85.15 56.90 28.25 03/23/2005 78.10 -
24.04.1212.1 HA YLETT, MIKE 80.69 48.53 32.13 .03 04/19/2005 31.50 -
24.04.0566.2 HEILLER, JAMES 46.21 28.15 18.06 03/15/2005 46.68 -
24.03.0036.2 HESTER, CHRISTINE 91.42 36.01 55.41 04/12/2005 57.85 -
24.03.0094.2 HESTER, CHRISTINE A 186.62 73.01 113.61 04/12/2005 64.17 -
22.51.0658.1 HICKEY, JEAN 119.65 44.36 31.53 39.05 4.71 02/14/2005 60.91 -
22.51 .0648.1 HICKEY, JEAN 63.57 33.25 30.32 04/18/2005 30.32 -
22.50.0592.2 HIEB, JOHNN 48.24 26.42 21.82 04/04/2005 46.68 -
22.51.3580.1 HIGGINBOTHAM, RON 134.56 71.04 63.52 04/19/2005 75.00 -
34.34.6264.1 HIGHLANDER HOMES 267.27 21.82 32.74 1 38.02 74.69
24.03.0264.2 HILL, TARA 77.42 40.08 37.34 03/17/2005 80.52 -
22.50.4810.2 HIX, MICHAEL 71.90 48.16 23.74 04/21/2005 50.00 -
23.02.4750.2 HOBBS, MATTHEW 84.20 50.74 33.46 03/23/2005 32.74 -
32.32.4630.3 HOLZER, ERIC & LISA 115.43 51.53 39.89 24.01 03/22/2005 42.81 -
22.51.0446.2 HOOTS, TRACI & RAMIREZ, MAf 1,022.84 253.17 249.02 282.03 238.62
22.50.0678.1 HOOVER, L YND M 104.76 38.75 66.01 03/16/2005 158.43 -
22.50.0680.1 HOOVER, L YND M 73.41 39.95 33.46 03/16/2005 95.48 .
30.30.6128.2 HOUDE, RICHARD & CATHRYN 75.91 34.47 33.46 7.98 04/18/2005 21.00.
36.69.1276.2 HOWARD, DONALD & CAROLYN 95.68 95.88 04/21/2004 35.32.
23.01.0420.1 HOWARD. TREVIS 154.80 49.02 75.14 30.64 03/16/2005 65.00 .
35.65.0704.2 HUBBARD, SCOTT & ERICA 67.64 43.96 23.68 04/19/2005 37.38 -
35.35.0323.2 HUIT, CALVIN & KELLY 43.42 35.06 8.36 05/0612005 28.98 -
... in Msg column indicates no Notice is to be sent
,..
( (
CITY OF MERIDIAN Delinquent Account List- council Page: 7
Standard Payment Customers May 17. 2005 03:46pm
Current Period: 05/20/2005
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/20/2005 02l20J2005 01/20/2005 Date Amount
30.74.3436.2 HUMPHREYS, JASON & CHRIST 199.36 17.94 95.20 42.20 44.02 0211512005 64.34 -
22.51.0714.2 HUMPHREYS, JOHN 51.67 29.87 21.80 04/1412005 65.00.
22.51.0510.4 HUNT, WESLEY 76.41 42.95 33.46 04/19/2005 36.50 .
36.69.0926.2 HUNTTING, DENNIS & RANAE 547.34 102.08 37.34 44.02 363.90 04/21/2005 56.80 -
30.74.2944.3 HUSFLOEN. TRISHA 54.90 17.94 17.94 17.70 1.32 03/01/2005 15.00 -
22.50.1586.3 I AND F ENTERPRISES, LLC 104.11 64.29 39.82 03123/2005 55.57 -
23.02.5820.1 JACKSON, ROBERT 68.44 37.64 21.82 8.98 04121/2005 20.00 -
36.68.0046.1 JACOBSEN, JASON & LIANNA 46.44 39.47 6.97 04119/2005 40.00 -
30.74.3534.1 JACUINDE, GILBERTO 69.45 49.99 19.46 04/19/2005 41.22 -
23.23.3012.2 JAEGER,KEVIN & CLAY, TINA 66.07 36.49 29.58 03/15/2005 101.06 -
35.65.0666.2 JAMESON, BRETT 108.04 24.37 24.37 27.77 31.53 02l01J2005 61.10 -
30.74.2912.2 JAQUES, RENAE 88.25 43.77 44.48 05/0212005 63.17 -
25.25.0024.1 JEFF MANSHIP 48.38 24.37 24.01 04/13/2005 51.78 -
35.35.5026.3 JENSEN. ERIC & CHRISTALlNA 86.40 46.51 39.89 03/2212005 85.62 -
32.32.4626.2 JENSEN. MICHAEL & HEIDI 46.53 46.51 .02 04/19/2005 39.87 .
22.51.0302.7 JEPSON, MIKE &JAMIE 89.23 41.51 41.22 6.50 04/21/2005 30.00 .
35.65.0398.2 JEPSON, WOODROW & BONNIE 51.56 48.66 2.90
32.32.4830.1 JEWETT, JAMES L 76.86 51.64 25.22 03/15/2005 28.98 -
20.46.0264.4 JOHANSEN FAMILY TRUST 96.56 59.22 37.34 04J13/2005 36.50 -
20.46.0252.4 JOHANSEN, DALE & JANICE 80.74 47.28 33.46 04128J2005 32.74 -
25.25.1074.2 JOHNSON, BRETT & MICHELLE 79.09 42.34 36.75 04121/2005 35.00 -
30.74.3642.2 JOHNSON, KEVIN 73.41 57.43 15.98 04129/2005 100.00 -
23.01.2710.2 JOHNSON,MARC 84.73 46.99 37.34 .40 05/1612005 32.34 -
29.07.0886.3 JOHNSON, ROGER & HOLLY 63.84 27.83 36.01 03/16/2005 51.78 -
22.50.4562.1 JOHNSON, STEVEN & CAROL 81.21 57.49 23.72 04/19/2005 50.00 -
36.69.0310.1 JOHNSTON, DENISE 83.66 32.13 51.53 03/31J2005 57.85 -
22.51.4290.1 JONES, BRET 217.87 114.18 103.69 04J28J2005 226.44 -
20.47.1036.2 JONES, FAROL 86.84 55.60 31.24 04J21J2005 40.00 -
23.02.5510.3 JONES, SAMUEL 76.02 73.46 2.56 04/18J2005 125.00 -
22.50.2122.2 JONES, WES & CINDY 131.96 51.69 43.77 36.50 03/2212005 88.04 -
22.50.2418.2 JONES, WES & CINDY 157.46 49.86 67.34 40.26 03/16/2005 50.52 -
30.74.3580.3 JONES, WES & CINDY 63.62 29.58 34.04 03/2212005 20.64 -
24.03.0828.2 JONES, WESLEY & CYNTHIA 110.40 39.47 70.93 04/04/2005 78.10 -
23.01.0940.8 JOSLEYN. WAYNE & ELlZABETf- 73.11 39.65 33.46 03/15/2005 39.06 -
35.35.1460.2 KAMCHATHPHAY, C & BOUALA) 86.40 46.51 39.89 04/21/2005 39.05 -
36.69.1204.3 KATZMAN. STEVEN & VICKI 85.84 49.83 36.01 03/15/2005 35.29 -
35.35.0391.2 KEENEY. DARYL 84.96 45.07 39.89 03/2212005 85.62 -
23.02.5080.2 KEENEY. DOLAN 89.51 59.48 30.03 04/04/2005 20.00 -
34.34.5062.2 KEZAR, JEFFERY & MONIQUE 16.12 7.79 7.79 .54
24.04.1944.2 KIMBROUGH, CHRISTOPHER & 83.10 47.09 36.01 03129/2005 85.62 -
29.07.0914.2 KISER, LOUIE & DIANE 22.41 21.82 .59
24.04.1204.2 KNIGHT, TIMOTHY 36.76 28.25 8.51 03121/2005 60.00 .
22.51.3570.4 KNOX, JERRY & NORMA 652.86 17.94 37.34 67.78 529.80 07119/2004 50.00 -
30.74.3962.2 KOCH, JOSEPH & VilMA 161.63 55.16 48.81 26.13 31.53 02115/2005 93.26 -
30.30.6242.2 KOLLING, MATT 141.35 39.92 59.89 41.54 02125/2005 55.47 -
30.74.3836.1 KORTON. TOM & CATHY 61.10 61.07 .03 03J21 12005 40.00 -
25.25.0106.2 KRELLER, KATHLEEN M 68.73 32.72 36.01 03/15/2005 63.06 -
37.72.0152.2 KUBENA, LOIS 119.94 72.29 47.65 04/18/2005 50.33 -
20.46.0368.2 KUPER. GREG 83.53 47.52 36.01 03J2212005 78.10-
22.50.0716.1 LACASA LAVllLA 70.06 54.54 15.52 04/20/2005 27.19 -
22.50.4268.2 LANHAM, PATRICE 174.89 101.12 73.77 04/21/2005 54.09 -
23.01.0890.1 LANTZ, STAN 52.07 25.70 25.70 .67 03/30/2005 50.00 -
35.35.0089.2 LAPETINA, ANTONIO 34.71 33.75 .96 03/14/2005 25.22 -
23.02.4490.2 LARSON, lEIF 73.84 70.30 3.54 04/14/2005 100.00 -
35.65.0260.2 LARSON, WADE & LAURI 101.86 55.54 46.32 03/16/2005 143.60 -
... in Msg column indicates no Notice is 10 be sent
/ (
(
CITY OF MERIDIAN Delinquent Account List- council Page: 8
Standard Payment Customers May 17, 2005 03:47pm
Current Period: OS/20/2005
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pm!
Cust No Name Balance Non-Delinq 03/2012005 02/2012005 01/20/2005 Date Amount
22.50.0520.2 LAURICELLA, CARL & LAURIE 78.00 45.26 32.74 04/20/2005 33.46 -
35.35.0401.3 LAVARELLO, MIGUEL & BRANDI 86.82 43.05 43.77 04/19/2005 81.86 -
30.74.3140.2 LAW, DARRELL & ARNEADA 59.63 42.95 16.68 04/20/2005 45.10 -
22.50.0600.2 LAYTON, JONATHON & FELlCIT 83.48 50.02 33.46 04129/2005 44.02 -
30.74.1260.3 LEGGETT, CHAD & CHERYL 85.88 62.72 23.16 05111/2005 67.00 -
23.02.3530.2 LEWIS, BRADLEY & JACQUELIN 96.82 51.72 45.10 04/18/2005 47.78 -
37.72.0208.1 LEWIS, PHILLIP 70.32 38.19 32.13 03/15/2005 31.53 -
24.03.0386.2 LIGHTFOOT, LANCE S. 65.78 32.32 33.46 04/18/2005 62.56 -
24.04.1442.3 LINDSAY, JOHN & KIM 89.94 40.96 48.98 02/28/2005 57.46 -
25.09.0008.2 LINDSEY, SCOTT 71.81 46.11 25.70
30.74.3218.3 LINDSEY, STEPHANIE 119.12 44.06 49.91 25.15 04/05/2005 42.81 -
25.25.4528.3 LITTLEWOOD, GARY & DOLORE 71.76 59.52 12.24 03/30/2005 24.00 -
23.02.4070.4 LJ PROPERTIES LLC 20.00 7.79 12.21 05/16/2005 68.55 -
22.51.3650.2 LLC SPEC 4 22.68 21.53 1.15
24.03.0084.4 LOHR, CODY 44.87 37.34 7.53
36.69.0952.2 LONGSTREET,GARRET 42.71 42.23 .48 03/14/2005 59.30 -
22.50.4280.2 LOPEZ, RAY 84.02 82.63 1.39 05/1 6/2005 54.00 -
30.74.3624.3 LUTHY, BRITTENY 110.74 24.37 40.47 23.19 22.71 03/09/2005 50.00 -
34.34.6258.1 M & W HOMES 37.61 21.82 15.67 .12 04/20/2005 3.36 -
34.34.5074.1 M S ADMINISTRATIVE 51.86 27.61 24.25
23.01.0010.5 MADSEN, CHARLES & DEBRA 116.94 60.20 56.74 04/1112005 85.30 -
23.01.3350.1 MADSEN,LOU 65.83 35.93 25.70 4.20 04/1112005 50.00 -
22.50.2336.1 MAGNUSON. ERIC 82.97 50.84 32.13 04/2112005 35.29 -
22.51.0858.1 MAHATHY, ANTHONY 69.70 26.42 21.82 21 .46 03/0812005 42.36 -
20.46.0456.1 MAHATHY, ANTHONY 84.54 48.53 36.01 04/18/2005 39.05 -
35.35.1022.2 MANNLEIN, DAVID & CAROL 65.01 33.86 31.15 03/24/2005 20.00 -
30.74.0394.3 MANTHA, TRAVIS & APRIL 59.16 29.58 29.58 04/19/2005 61.72 -
22.51.0486.1 MARCH, RICHARD 173.25 97.11 76.14 04/21/2005 85.30 -
24.03.0806.4 MARCUM, CARL & JULIE 78.87 32.13 39.89 6.85 05/03/2005 35.00 -
36.69.1352.2 MARKLE, PARRY 67.75 65.98 1.77 04/11/2005 39.45 -
20.46.5014.1 MARS HALLS CLOTHING STORE 374.82 370.90 3.92 04/19/2005 303.92 -
30.74.2840.2 MARTELL, WILLIAM & DELLA 71.67 33.75 29.58 8.34 04/13/2005 20.64 -
30.74.0954.2 MARTELL, WILLIAM & LYNN 233.76 153.74 80.02 03/30/2005 66.58 -
24.03.0274.3 MARTIN, BILL & DEANA 50.05 49.38 .67 05/16/2005 80.00 -
23.02.2520.3 MARTIN, CRAIG 236.09 37.05 106.14 92.90 03/16/2005 77.91 -
25.25.0136.2 MARTIN, DAVID & SHERRIE 101.07 53.42 47.65 04/19/2005 72.81 -
23.23.3460.2 MARTIN, JAMES 28.45 28.44 .01 04/15/2005 33.45 -
30.74.3628.3 MARTINEZ, RICHARD 119.43 54.00 65.43 03/09/2005 67.96 -
30.74.1044.3 MARTINEZ, ROSA 70.00 32.66 37.34 03/22/2005 68.90 -
22.50.2424.1 MARTS, DEBI 54.38 36.20 18.18 05/06/2005 32.74 -
22.50.1758.1 MARY OWEN 65.09 39.39 25.70 03/24/2005 21.46 -
23.02.2280.1 MASLEN, JENNY 60.63 39.23 21.40 04/22/2005 50.00 -
22.50.3714.3 MATEESCU, ROXANA 56.50 28.25 28.25 03/16/2005 90.83 -
36.69.0100.3 MAUPIN, BRADLEY 69.15 37.02 32.13 03/29/2005 35.29 -
30.74.2902.4 MCBAINE, DONALD 82.81 46.80 36.01 04/18/2005 81.86 -
22.50.3728.2 MCCOLLUM, SHA YNA 156.55 67.43 45.10 44.02 03/10/2005 85.30 -
24.04.1880.1 MCCUE, DENNIS & RHONDA 101.98 62.09 39.89 04/28/2005 85.62 -
23.01.0170.2 MCCURDY, NATHAN 62.27 32.13 30.14 03/14/2005 100.00 -
24.03.0314.3 MCDOUGAL, MIKE 35.90 33.46 2.44 04/13/2005 60.00 -
22.50.0400.3 MCFADDEN,CLEORA 131.08 31.66 99.42 04/19/2005 174.52 -
36.69.1080.4 MCFARLAND, ERIC & WENDY 77.92 41.91 36.01 03/23/2005 35.29 -
22.51.3246.1 MCKAGUE. RICK 58.17 39.17 19.00 04/01/2005 .06 -
24.04.1798.2 MCKINLEY, JAMES A 63.41 35.16 28.25 03/16/2005 83.31 -
30.74.1010.6 MCKINLEY, JUNE 27.13 17.94 9.19 03/24/2005 76.29 -
23.02.4870.4 MCKINLEY, JUNE 151.77 75.77 75.10 .90 04/18/2005 50.00 -
... in Msg column indicates no Notice is to be sent
( i
CITY OF MERIDIAN Delinquent Account Lisl- council Page: 9
Standard Payment Customers May 17, 2005 03:48pm
Current Period: o5f2of2oo5
No Delinquent Minimum AmountDelinquent Balance
Last Pm! Last Pm!
Cust No Name Balance Non-Delinq 03f20/2005 02/20/2005 01/20f2oo5 Date Amount
36.68.0136.1 MCKINSTRY, ROBERT 77.63 37.74 39.89 04f19/2oo5 35.29 -
23.02.2050.2 MCMURDIE, PAUL & SHAN ELL 94.76 53.74 41.02 05106f2oo5 47.78 -
30.74.3646.2 MCMURRIA, MICHAEL & NEDRA 47.54 42.63 4.91 04/22/2005 45.00 -
22.50.3808.2 MCNAIR, DAWN 56.32 34.50 21.82 04/28f2005 17.67 -
23.02.3892.1 MCNALLEY,RUSSELL 102.33 39.17 63.16 03/18f2005 120.00 -
36.36.1014.2 MCQUEEN, ALLEN 113.70 20.25 93.45 11/29f2004 44.61 -
25.05.0636.3 MCREYNOLDS, PATRICK & MEL 40.93 22.99 17.94
23.02.5590.1 MEDENA, RAYMOND 43.23 43.22 .01 o4f26f2005 36.00 -
23.01.2730.1 MELLEN, ANGELA 136.50 75.00 61.50 04f19f2oo5 52.00 -
22.50.3866.2 MELTON, NANCY 57.01 31.31 25.70 03f24f2oo5 21.46 -
30.74.3790.1 MERRITHEW, ROBERT 86.10 47.23 38.87 04f21 f2oo5 40.00 -
46.46.6331.1 MESSINA HILLS - WATER FEATl 29.11 19.75 9.36 03f17f2oo5 .98 -
46.46.7105.1 MESSINA VILLAGE - WATER FE, 21.54 10.66 7.40 3.48 03/17 f2oo5 8.38 -
22.50.3848.1 MEYERS, DAN 100.51 60.62 39.89 03/22/2005 92.52 -
22.50.4032.3 MICHAILOFF, ERNEST 80.03 46.57 33.46 04/20/2005 62.74 -
24.03.0102.1 MILLER, KENT & JENNIFER 82.52 46.51 36.D1 03/16/2005 89.38 -
22.51.4218.2 MOORE. LAWRENCE & KRISTIN 95.17 59.32 35.85 03/11J2005 227.36 -
22.51.4214.2 MOORE. LAWRENCE & KRISTIN 312.48 71.79 65.10 44.02 131.57
24.04.2226.1 MOOREHOUSE, SEAN & DENISE 63.75 55.47 8.28 04f04/2005 100.00 -
37.37.5000.1 MORGAN CREEK HOMES 74.84 71.36 3.48
37.37.2894.1 MORGAN CREEK HOMES 49,20 17.94 17.70 10.08 3.48
24.03.0889.1 MORNING GLORY #2 HOA 31.32 31.32
30.74.0316.2 MORRIS, MICHAEL & MADELINE 35.88 17.94 17.94
30.74.2940.1 MORRIS, SEAN 52.4 7 43.77 8.70 o4f18/2005 23.19 -
23.02.5630.2 MORRISON, DWAYNE & VICKI 139.20 66.86 33.46 38.88 o3/14J2005 38.88 -
22.50.0746.5 MORRISON, MIKE 84.81 51.35 33.46 o5f02/2005 28.98 -
23.01 .4504.1 MORTENSEN CONSTRUCTION 23.10 16.51 3.48 3.11
24.04.0500.1 MORTON, CRAIG 90.83 52.41 38.42 o3f22/2005 40.00 -
30.74.3216.1 MUIR, GRANT 80.58 43.80 36.78 o4f19/2oo5 30.00 -
22.50.0786.2 MULLIGAN. JOHN ; 102.72 65.38 37.34 o3f14/2oo5 219.64 -
25.25.1104.2 MUSTAGOG. ALBERT 45.87 25.38 20.49 03f23/2oo5 24.01 -
23.02.6860.1 MYERS, MICHAEL 106.04 60.94 45.10 05f12/2oo5 40.26 -
30.74.3362.2 NAKAMURA STEPHEN TRUST 118.58 71.22 47.36 04f21/2oo5 52.60 -
23.02.3380.2 NEALE, EDWARD 139.40 78.78 60.62 04f06/2oo5 55.30 -
24.04.1876.2 NEEDS, KATHY 105.56 61.79 43.77 05f02/2oo5 42.81 -
22.50.2150.1 NELSON, RYAN & JILL 56.54 56.26 .28 05/02/2005 128.00 -
23.23.3496.2 NELSON, SHAWN & TRACI 96.18 52.41 43.77 03f22/2oo5 42.81 -
23.01.2000.1 NESBIT, RICHARD & BARBARA 97.96 45.10 52.86 03f15/2oo5 40.26 -
24.04.1446.2 NEWBERRY, PAULA 133.37 54.43 39.89 39.05 02/15/2005 46.57 -
25.25.4310.2 NICHOLS, MICHAEL 57.51 29.26 28.25 o3f16/2005 33.75 -
22.51.0334.3 NIEHOFF, DENNIS 93.33 33.75 59.58 o3f16/2005 84.46 -
30.74.0664.1 NIELSON, STEVE 51.51 41.51 10.00 o5f12/2005 58.98 -
25.25.9976.2 NIHAD BERRERISTANN 35.88 17.94 17.94 03f22/2005 35.40 -
22.50.2238.2 NOSALSKIY, RUSLAN 194.87 67.99 82.86 44.02 03f16J2005 110.60 -
22.50.0020.2 OAK, JERRY 61.87 36.65 25.22 05102/2005 25.70 -
32.32.4916.3 O'DONALD, SHELLEY 30.73 24.37 6.36
30.74.3352.2 O'LEARY, MIKE & WEBB, ERIC 85.68 45.79 39.89 04/15J2005 16.68 -
25.25.0084.1 OLIVER CLEAVER 95.02 51.00 44.02 03/21J2005 44.02-
24.04.1408.2 OLIVER, ORLANDO 64.77 64.29 .48 04/05/2005 55.54 -
22.50.3720.1 OLSON, CHERIE 41.07 39.07 2.00 04/29J2005 56.68 -
34.01.0078.1 ONYX PLACE (10K BUILDING 39.04 30.59 8.45
20.46.0334.1 ORR, KIRT 71.72 71.36 .36 05/03/2005 49.00 -
22.50.2258.3 OSTERHOUT, MARLEA 95.15 44.41 48.98 1.76 03/08/2005 75.00 -
35.64.0022.4 OSTLER, FRED & VICKI 51.59 50.79 .80 04/27 J2005 38.00 -
36.69.1298.2 OSTLUND, HAROLD 43.64 21.82 21.82 03/31/2005 21.46 -
... in Msg column indicates no Notice is to be sent
( ('
CITY OF MERIDIAN Delinquent Account List- council Page: 10
Standard Payment Customers May 17, 2005 03:48pm
Current Period: OS/20/2005
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Lasl Pmt
Cust No Name Balance Non-Delinq 03/20/2005 02/20/2005 01/20/2005 Date Amount
30.74.1080.1 OTT, ARLENE 126.47 100.95 25.52 03/23/2005 28.80 -
24.03.0044.2 PADGETT, DAVE & CHARLENE 88.01 53.13 34.88 05/04/2005 50.00 -
25.25.0062.2 PALMER, JUSTIN 50.11 26.10 24.01 04/21/2005 28.25 -
25.05.0428.1 PALOMO, ALEX 49.25 46.83 2.42 04/26/2005 30.00 -
35.64.3050.1 PARRISH, MARTIN 81.72 44.38 37.34 04/13/2005 40.26 -
30.74.2682.4 PASSANNANTE,DAN 423.69 71.78 142.88 52.88 156.15 03/16/2005 31.00 -
30.74.3970.1 PATE, ERIC & LINDA 92.20 41.19 51.01 03/15/2005 24.17 -
20.46.0590.1 PECHT, BRYAN 65.99 37.74 28.25 03/17/2005 59.30 -
22.50.2034.3 PEISNER, STEPHEN & CHRiSm 1,840.01 25.57 1,814.44
36.69.0452.2 PERCIFIELD, TIMOTHY & MISTY 79.46 43.45 36.01 04/18/2005 78.10 -
37.72.0118.3 PEREZ, ARIEL 60.85 33.14 27.71 04/08/2005 32.00 -
22.50.1352.4 PEREZ, SHANE & LONGRIDGE, 84.04 50.58 33.46 03/22/2005 40.26 -
30.30.6160.2 PERME, BONNIE 74.74 55.28 19.46 04/28/2005 51.53 -
35.35.0172.3 PERRY, DANIEL & LORI 95.89 52.12 43.77 04/18/2005 75.80 -
24.03.0066.5 PERRY, DOUGLAS & BARBARA 126.39 51.29 75.10 04/19/2005 47.78 -
24.04.1326.2 PERRY, JARED & MICHELLE 77.35 50.87 26.48 04/18/2005 85.00 -
29.07.0770.3 PETERSEN, IDA & MICHAEL 51.40 25.70 25.70 03/22/2005 25.22 -
36.68.0238.1 PETERSON, DAVID 67.21 37.63 29.58 04105/2005 36.50 -
23.01.3130.2 PHILIPS, ROY 231.44 177. 08 54.36 04/11/2005 100.00 -
30.74.3000.1 PHILLIPS, RICHARD 89.80 39.89 36.01 13.90 03/14/2005 75.48 -
37.37.3868.3 PICCOLA, NATALIE & JASON 69.18 47.23 21.95 04/13/2005 55.00 -
23.02.3882.2 PICKREN, MICHAEL 39.76 17.94 21.82
30.74.5034.2 PIMENOV, GENNADIY & YULlA 47.63 18.95 17.94 10.74
34.34.5032.1 PIONEER MERIDIAN GROUP 67.01 41.53 25.48
37.72.0246.2 PLETCHER, MICHAEL & CHRIST 85.68 41.91 43.77 03/14/2005 78.10 -
36.69.1282.1 PORTER, JOHN 100.23 82.79 17.44 04/20/2005 70.34 -
20.46.0824.2 POTTER, GWENDOLYN 92.53 45.13 33.46 13.94 02/16/2005 36.50 -
36.69.1656.1 POWER, PAXTON 36.41 26.07 10.34 03/21/2005 4.21 -
35.35.0081.3 PRELLWITZ, BARBARA 63.33 33.75 29.58 04/18/2005 91.72 -
23.02.0180.3 PRE-SETTLEMENT FINANCING 35.88 17.94 17.94
23.02.5340.2 PRIVATSKY, K. & JOHNSTON, TI 510.68 83.90 83.90 107.86 235.02 12/15/2004 100.00 -
25.25.0066.2 QUINOWSKI, CALVIN 58.56 29.58 28.98 04/11/2005 25.22 -
30.74.0902.2 RACKHAM, LARRY 69.18 26.87 21.82 20.49 03/09/2005 47.84 -
24.04.1838.3 RADICAN, DONALD & CYNTHIA 104.15 51.19 33.46 19.50 03/30/2005 50.00 -
22.50.0138.5 RANSOM, JON TYLER 79.63 53.93 25.70 04/1812005 32.74 -
30.74.3420.3 RANSOM, PATRICIA 100.27 55.17 45.10 04/19/2005 94.62 -
36.68.0124.2 RAPP, RONALD & CHERYL 91.78 21.82 33.46 36.50 02/15/2005 40.26 -
35.35.0032.2 RASMUSSEN, DANIEL 97.83 52.73 45.10 03/15/2005 99.32 -
37.72.0138.2 REITHER, THAX 95.17 55.28 39.89 04/19/2005 76.57 -
37.37.3118.2 RICE, JAMES & LIZETTE 154.32 154.32 04/11/2005 155.00 -
23.01.4100.5 RINCOVER, LAWRENCE 68.93 63.97 4.96 05/16/2005 46.57 -
22.50.0306.2 RITTENHOUSE, CRAIG 202.57 145.60 56.97 04/18/2005 113.78 -
35.35.7848.1 RIVERBURCH CONDOS 13.47 11.67 1.80
45.20.0614.1 RIVERWOOD HOMES 112.52 72.26 40.26 03/30/2005 13.84 -
22.50.0258.4 ROBBINS, ELLEN 107.54 74.08 33.46 03/16/2005 61.72 -
22.50.0256.2 ROBBINS, ELLEN 90.23 52.89 37.34 03/16/2005 80.52 -
22.50.2432.2 R08ERTS, 80B 101.15 59.93 41.22 03/30/2005 40.26 -
36.69.0192.2 ROBERTS, KENT 58.89 51.53 7.36 08/13/2004 500.00 -
24.04.2096.8 ROBINSON, RICHARD & PRICILL 109.14 34.34 41.22 33.58 01/25/2005 65.84 -
24.04.2006.2 ROBINSON, RICHARD & PRISCIl 126.59 47.65 39.69 39.05 02/14/2005 50.33 -
23.02.5170.3 RODRIGUEZ, JILL 261.00 71.02 189.98 05/04/2005 75.00 -
22.51.3214.2 ROEHR, CLINT 78.46 29.45 25.70 21.46 1.85 02/14/2005 75.00 -
23.02.0970.1 ROEPKER, DAVID 69.48 51.88 17.60 04/18/2005 60.00 -
35.35.1222.2 ROHNBACH, DAVID 41.50 34.58 6.92 04/28/2005 55.00 -
35.35.0105.2 ROONEY, BRUCE & PAIGE 60.32 50.28 30.04 04/19/2005 51.44 -
... in Msg column indicates no Notice is to be sent
"
(
CITY OF MERIDIAN Delinquent Account List- cou ncil Page: 11
Standard Payment Customers May 17, 2005 03:49pm
Current Period: OS/20/2005
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/20/2005 0212012005 01/20/2005 Date Amount
22.50.0130.1 ROSARIO, SONYA 78.43 44.97 33.46 04/04/2005 77 .02 -
30.30.6298.2 ROSE, SHONA 85.38 36.92 37.34 11.12 03114/2005 50.86 .
24.04.1428.1 ROSEN, JOHN & ROSA 106.73 66.84 39.89 04106/2005 42.81.
23.02.0896.2 ROWELL, DAN 123.74 74.76 48.98 0311412005 99.32 -
35.35.0058.2 ROWETT, B08 & DANA 84.96 45.07 39.89 04/19/2005 35.62 -
20.47.0074.2 RUMSEY. PHILIP & JENNIFER 98.28 57.06 41.22 04/20/2005 82.06 -
36.69.1076.1 RUPERT, DAVID & LAURIE 132.90 103.24 29.66 04/21/2005 125.00 -
20.46.0532.4 RUSSELL, ROBERT & LAURA 116.41 75.19 41.22 03/2212005 47.78 -
32.32.4200.1 RUWE CONSTRUCTION 47.16 25.70 21.46 03/11/2005 42.92 -
23.02.3180.1 RYAN, WALTER 93.66 50.15 37.34 6.17 04/13/2005 100.00 -
35.10.0142.1 SAGECREST APARTMENTS 637.49 622.45 15.04 04/25/2005 579.53 -
30.74.3432.2 SAGER, LEE & NADEAN 94.74 50.97 43.77 04/26/2005 42.81 -
22.51.3206.5 SALINAS, MARIO & OLGA 82.45 33.46 29.58 17.70 1.71
23.01.1200.2 SCHIMPH. FRED 131.83 64.79 67.04 04/28/2005 60.00 -
22.50.3874.2 SCHIPPER, NORMAN & DARLA 69.40 39.82 29.58 03/24/2005 25.22 -
22.51.3730.2 SCHOW, BART & ALISSA 59.16 29.58 29.58 05/06/2005 32.24.
30.74.2716.2 SELLS, DAVID 65.43 25.54 39.89 04/21/2005 42.81 -
35.35.2392.2 SEMMER, CHAD & MARY 69.37 35.91 33.46 03/16/2005 61.72 -
35.64.2028.2 SEXTON,MARY 191.89 50.49 20.49 31.53 89.38 01/18/2005 80.33 -
36.36.1070.1 SHAMIN. VALERIE & YAMIR 64.94 44.68 40.26 03/23/2005 44.02 -
30.30.6240.2 SHAW, KELLY 105.72 47.09 58.63 05/17/2005 20.00 -
22.50.2420.2 SHAW, ROBERT 116.20 65.51 50.69 04106/2005 43.00 -
22.50.3780.2 SHELLEY,DIXIE & R. KENT 71.33 43.08 28.25 05/1212005 35.29 -
23.02.2180.1 SHEPARD, DUWAIN 89.43 49.54 39.89 04/19/2005 42.81 -
23.01.0920.4 SHEPARD, WANDA 63.04 29.58 33.46 03/14/2005 28.98 -
24.04.1878.3 SHIRLEY, GARRY 53.66 53.58 .08 05/17/2005 36.01 -
22.51.0930.2 SHOBE, MONTY & CAROL 70.25 40.67 29.58 03/29/2005 61.72-
32.32.4950.1 SHOEMAKER, FRANK & HELEN 86.82 46.93 39.89 03/14/2005 96.90 -
30.74.3980.1 SHUMWAY, MARY 38.95 35.29 3.66 04/19/2005 60.00 -
23.01.2760.1 SIEGEL, ROSALIE 53.34 28.97 24.37 05/0212005 20.25 -
35.35.7906.1 SIERRA PLAZA BUILDING 5.61 4.60 1.01
22.50.1920.5 SILVEY, BRYAN 73.19 44.94 28.25 04104/2005 30.58 -
24.04.1302.1 SIMS. ELLEN 59.16 29.58 29.58 03/2212005 45.11 -
22.51 .4034.1 SKINNER, KEN 78.52 21.53 17.83 17.70 21.46 01/31/2005 69.16 -
23.02.3962.4 SLENDER. LEONARD & BOSWEI 108.87 28.73 33.46 21.46 25.22 01/26/2005 29.92 -
30.74.1086.3 SLYTER, GORDON 120.61 42.23 52.86 25.52 02104/2005 85.00 -
30.74.1118.2 SLYTER, GORDON 118.18 56.74 52.86 8.58 05/06/2005 25.00 -
35.35.1210.3 SMITH, GREGORY J 71.09 37.63 33.46 03/2212005 69.24 -
36.69.0862.2 SMITH, JOHN & MARY 144.47 77.42 67.05 04/29/2005 69.13 -
22.51.0498.2 SMITH, KARL 53.24 41.28 11.96 0510212005 200.00 .
30.30.6022.2 SMITH, MICHAEL 47.42 36.30 11.12 05/06/2005 28.25 -
22.50.0012.1 SMITH, PAUL H. 88.81 55.36 33.45 05106/2005 32.75 -
22.51.3090.3 SOL TAU, CYRIL 99.40 56.40 43.00 04/1212005 38.16 -
32.32.4822.3 SOMAZZI, ROGER & JENNIFER 71.58 51.96 19.60 05/03/2005 50.00 -
37.37.3370.2 SORG, ROBERT & DENISE & DA 62.33 58.25 4.08 04/26/2005 50.00 -
30.30.6146.2 SOTO, ROBERTO & ROSA 37.92 29.58 8.34 04/19/2005 25.70 -
23.02.0100.1 SOVIE, KENNETH 94.03 42.50 51.53 03/23/2005 50.33 -
24.03.0038.2 SPANGENBERG,TODD 66.83 23.55 21.82 21.46 03/1112005 70.92 -
24.03.0426.4 STAGGERS, PERRY 434.86 434.86
30.30.6334.2 STEELE, STEVEN & DEBBIE 154.05 52.41 47.65 50.33 3.66 03/30/2005 90.00 -
23.02.5370.3 STEPHENS, MICHAEL & JEWEL' 82.79 37.61 39.89 5.29 03/21/2005 30.00 -
23.23.3002.5 STEPHENSON, A. & ELTON, G. 32.30 28.25 4.05
22.51.2801.1 STEVEN HILL 146.98 118.00 28.98 03/30/2005 35.40 -
25.09.0040.2 STEVENS, KAMIAN 63.20 29.74 33.46 03/28/2005 32.74 -
20.46.0100.2 STEWART. LARRY & RONDA 112.29 64.64 47.65 04/18/2005 50.33 -
... in Msg column indicates no Notice is to be sent
.." ..
( ~ (
CITY OF MERiDIAN Delinquent Account List- council Page: 12
Standard Payment Customers May 17, 2005 03:50pm
Current Period: OS/20/2005
No Delinquent Minimum AmountDelinquent Balance
Last Pm! Last Pmt
Cust No Name Balance Non-Delinq 03/20/2005 02/2012005 01/20/2005 Date Amount
20.46.0376.1 STOVER, TODD 80.24 44.23 36.01 03/1412005 31.53 -
45.20.0804.2 SULLIVAN, MICHAEL & OTILLO 60.20 17.94 17.94 21.46 2.86
23.01.2910.3 SUN BRIDGE 3,344.11 3,301.61 42.50 05/17/2005 2,344.77 -
22.51.3092.1 SYSTEMS CONSTRUCTION 65.04 37.56 27.48 03/11/2005 26.88 -
23.02.1730.2 T & T INC 325.74 108.30 126.22 91.22 03/29/2005 117.46-
22.50.1020.1 TECOINVESTMENTS 80.10 59.08 21.02 04/12/2005 60.00 -
20.47.0052.4 TENNANT, ROBERT & CONNIE 153.65 64.53 45.10 44.02 04/11/2005 62.82 -
23.02.1190.1 TERRELL, A 44.56 37.21 7.35 04/05/2005 51.33 -
29.57.0104.1 THE PERFECT CUP 64.43 11.67 15.07 11.31 26.38 02/0912005 30.14 -
23.02.5880.1 THIEL, PATRICK D. 150.16 105.06 45.10 04/2012005 52.36 -
22.50.2110.2 THOMPSON, RHONDA 112.15 64.50 47.65 05/02/2005 42.81 -
23.01.1940.1 THORNE. TORY L 135.86 69.87 65.99 04/18/2005 24.14 -
46.46.6246.2 THRONEBERRY, BRIAN & KATH 92.72 48.95 43.77 05/02/2005 42.81 -
22.51.3230.2 TIDDENS, EHNO 41.90 21.82 20.08 03/22/2005 28.98 -
23.01.0720.4 TODD, BRUCE 56.66 31.60 25.06 03/21/2005 25.00 -
35.35.3080.3 TOMLINSON, JOSHUA 65.65 32.19 33.46 04/19/2005 36.50 -
33.33.9036.1 TOUCHMARK 43.37 39.89 3.48 04/28/2005 19.25 -
33.33.9066.1 TOUCHMARK 94.34 51.53 35.29 7.52 04/28/2005 35.29 -
33.33.9000.1 TOUCHMARK 20.44 10.34 10.10 05/06/2005 10.10 -
33.33.9062.1 TOUCHMARK 71.18 32.13 27.77 11.28 04128/2005 27.77 -
33.33.9114.1 TOUCHMARK 72.39 24.37 24.01 24.01 04128/2005 24.01 -
33.33.9112.1 TOUCHMARK 64.75 20.49 20.25 24.01 04128/2005 20.25 -
33.33.9110.1 TOUCHMARK 64.75 20.49 20.25 24.01 04/28/2005 20.25 -
33.33.9060.1 TOUCHMARK 63.66 32.13 27.77 3.76 04/28/2005 27.77 -
33.33.9024.1 TOUCHMARK 63.66 32.13 27.77 3.76 04/28/2005 27.77 -
34.34.6280.1 TOWN & COUNTRY 5.39 3.59 1.80
30.74.0336.3 TREPAGNIER, MARY DENISE 70.54 37.34 33.20 03/22/2005 33.00 -
20.46.0180.2 TROYER, SCOTT & LOIS 113.20 66.84 45.10 1.26 05/16/2005 46.36 -
22.51.0682.1 TUCKER,C.BRENTON 45.01 23.37 21.64 03/22/2005 25.04 -
24.04.0918.4 TUCKETT, QUETON & COLLEEN 51.20 39.36 11.84 04/13/2005 75.00 -
30.74.2386.2 TUPPER, PAXTON & APRIL 141.86 70.93 70.93 04/19/2005 87.93 -
24.03.0348.3 TURNER, MARCY 90.20 48.98 41.22 04/13/2005 66.58 -
46.60.0001.1 TUSCANY LAKES HOA 25.96 12.68 13.28 03/17/2005 5.44-
22.50.4522.1 UGARRIZA, SHELBY 66.63 36.73 29.90 04/14/2005 30.00 -
22.50.0088.7 ULMER, JEFFREY 40.48 22.54 17.94 04/13/2005 53.10 -
23.01.0860.3 VAN BRAGT, WILLY 105.11 39.07 41.22 24.82 03/28/2005 25.00 -
24.03.0278.1 VANDERMEER,ALETA 72.02 36.01 36.01 03/25/2005 35.29 -
25.25.1088.2 VANDEVENTER,DARREL 86.19 41.09 45.10 03/21/2005 73.00 -
23.02.1860.3 VICTORY, CHRISTOPHER 99.02 40.77 58.25 03/16/2005 87.07 -
22.50.4586.2 VICTORY, MICHAEL & YUNSUK 92.50 30.30 17.94 21.46 22.80 01/24/2005 80.00 -
24.04.1438.5 VIRCH, HARRY 63.12 63.11 .01 04/19/2005 36.00 -
22.51.3094.2 VNUK, JOHN 62.59 35.11 27.48 04/06/2005 54.40 -
23.02.1430.4 WADDOUPS, DOROTHY 79.25 57.43 21.82 04/21/2005 60.58 -
35.35.5017.2 WAGEMAN, CLINT 58.02 48.98 9.04 03/15/2005 100.00 -
20.46.0122.1 WALCOM, MICHAEL 88.58 52.57 36.01 03/21/2005 35.29 -
23.01.2310.2 WALKER, BETTE 90.14 74.15 15.99 04/25/2005 60.00 -
20.46.0860.2 WALMER, TAMMY JO 77.80 47.52 30.28 05/02/2005 40.00 -
23.01.3340.1 WALSH, RON 136.52 136.52
21.48.2651.1 WATER WORKS CAR WASH INC 3.48 3.48 12/14/2004 63.26 -
22.51.3178.2 WEAST, WESLEY 69.23 35.77 33.46 03/21/2005 12.74 -
22.51.3310.2 WEBB, MiCHAEL 114.53 65.73 48.80 04/20/2005 77.68 -
30.74.3516.4 WELKER, DANIEL 34.21 29.58 4.63
36.53.0502.1 WESCO #74581WDS 867.85 361.10 506.75 04/13/2005 236.17-
37.37.2938.2 WEST, DARRYL & MARLA 94.37 49.27 45.10 04/01/2005 38.04 -
22.50.4530.2 WEST, ROBERT & JONI 125.01 47.41 37.34 40.26 02/17/2005 73.52 -
... in Msg column indicates no Notice is to be sent
( I(
CITY OF MERIDIAN Delinquent Account List- cou ncil Page: 13
Standard Payment Customers May 17, 2005 03:50pm
Current Period: 05f20f2005
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 03/20f2005 02/20f2005 01/20/2005 Date Amount
22.51.0710.1 WESTBY, ElENITA 55.28 29.58 25.70 03/30f2005 28.98 -
30.74.3122.1 WESTERBERG, STEVEN 122.43 46.80 43.77 31.86 02/10/2005 50.00 -
36.36.1082.1 WESTMINSTER HOMES 84.51 27.19 22.59 26.35 8.38 01/25/2005 6.42-
30.74.0108.1 WEWERS, MIKE 31.30 30.70 .60 04/05/2005 59.30 -
35.35.0087.2 WHEELER, JOSHUA & HEIDI 112.21 44.06 63.77 4.38 04/19/2005 85.00 -
22.50.2384.4 WHITE, SHAINE 78.36 63.18 15.18 05/03f2005 20.00 -
32.32.4698.2 WHITNEY, TYLER 78.37 46.24 32.13 04/1 3/2005 35.29 -
35.35.0097.2 WHITTED, NEIL & CHRISTINE 88.05 39.07 48.98 03/22/2005 76.76 -
30.74.2970.1 WIESE, GARY 58.26 44.36 13.90 04/21/2005 39.89 -
30.74.3708.3 WILBURN, STEVEN 92.25 42.34 49.91 03/30/2005 97.82 -
24.03.0884.1 WilKINSON, DAVID 99.77 44.36 55.41 03/30/2005 34.38 -
22.50.0588.2 WilKINSON, DAVID 69.10 39.52 29.58 03f30/2005 25.44 -
30.30.6124.2 WilLIAMS, SCOTT 68.51 30.59 29.58 8.34 04/04/2005 20.64 -
36.68.0042.3 WilLIAMS, SCOTT & ANDREA 66.92 41.22 25.70 03/25/2005 36.50 -
23.02.1550.3 WILLS, MARilYN 44.88 44.28 .60 04/04/2005 61.72 -
24.03.0004.1 WilSON, JAN 57.51 29.26 28.25 04/18/2005 27.77 -
22.50.0208.1 WILSON, MITCHELL D 79.70 42.82 36.88 03/2212005 14.49-
29.07.0880.2 WINKLER, GREG 56.78 38.35 18.43 05/17/2005 43.61 -
22.50.2302.1 WINTERTON, DARIN 74.42 40.96 33.46 03/30/2005 69.24 -
23.01.2010.1 WISDOM, RICK S 88.34 43.24 45.10 03/14/2005 124.54 -
32.32.4932.2 WITTE, JOHN & MELODY 53.58 17.94 17.94 17.70 03/07/2005 32.74 -.'
20.47.1204.2 WIXSON, RYAN 124.33 60.17 36.01 28.15 04/05/2005 55.00 -
24.03.0506.2 WOOD, RONNI& lEIGH ,87.54 43.77 43.77 03/23/2005 72.89 -
22.51.0690.2 WRIGHT, SANDRA 96.03 34.47 29.58 31.98 03/14f2005 100.00 -
22.50.2426.1 WYATT, SAMUAL 123.29 78.19 45.10 03/2212005 125.64 -
36.36.1126.2 YEAGER, STEPHEN & LORIE 91.39 63.76 27.63 04/06f2005 93.03 -
23.02.0660.3 YOUNG, AUSTIN 36.78 18.39 18.39 04/04f2005 17.49 -
23.02.0670.1 YOUNG, AUSTIN L 48.42 18.39 30.03 04/21/2005 40.71 -
23.02.0650.2 YOUNG, AUSTIN L 90.68 52.89 37.79 04/19/2005 71.46 -
23.02.0680.1 YOUNG, AUSTIN L 63.38 39.52 23.86 05/04/2005 37.00 -
23.02.0424.1 YOUNG, BRADLEY & SHERRY 100.46 60.97 39.49 03/23/2005 38.00 -
32.32.4062.2 YOUNG, DAVID & RHONDA 73.03 40.90 32.13 04/19/2005 35.29 -
30.74.0408.1 YOUNG, lARRY 56.29 26.71 29.58 03/29/2005 25.22 -
22.50.2338.2 YOUNGER, RUSSELL 77.10 46.38 30.72 02122/2005 109.63 -
36.69.1054.2 ZABALA, JOHN 77.65 41.81 35.84 09/23/2004 300.00 -
24.04.0848.2 ZIMMERMAN, BRAD 94.97 56.88 38.09 02115/2005 137.75 -
20.47.1108.3 ZINGG, JEANNIE 44.02 30.14 13.88
Grand Totals: 68,061.59 35,723.02 24,673.20 4,260.28 3,405.09
Report Criteria:
Terminated customers not included
Customer.Cust No 0;:: {<} 880000001
Customer. Bill Cycle;:: 1
... in Msg column indicates no Notice is to be sent
** TX CONFIRMRTION REPORT **
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
32
DATE TIME TO/FROM
05/13 16:47 PUBLIC WORKS
05/13 16:49 12084664405
05/13 16:51 8841159
05/13 16:53 2088840744
05/13 16:55 POLICE DEPT
05/13 16:57 8985501
05/13 16:58 LIBRARY
05/13 17:01 92083776449
05/13 17:03 3886924
05/13 17:05 P-RND-Z
05/13 17:07 208 895 0390
05/13 17:09 128300040
05/13 17:11 208 387 6393
05/13 17:13 ADR CTY DEUELMT
05/13 17:15 8885052
05/13 17:17 CHERRY LANE
05/13 17:21 POST OFFICE
05/13 17:24 IDAHO ATHLETIC C
05/13 17:26 ID PRESS TRIBUNE
05/13 17:28 2088886701
05/13 17:33 3810160
AS OF MAY 13 '05 17:36 PAGE. 01
MODE
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
EC--S
G3--S
EC--S
EC--S
EC--S
EC--S
EC--S
CITY OF MERIDIAN
MIN/SEC PGS
01' 27" 005
01'29" 005
01'28" 005
01'31" 005
01' 28" 005
01'26" 005
01'54" 005
01'26" 005
01' 27" 005
01'27" 005
01'27" 005
01'55" 005
01'25" 005
01'26" 005
01'26" 005
03' 04" 005
02'29" 005
01'26" 005
01'26" 005
01' 26" 005
02'30" 005
CMDl=I
094
094
094
094
094
094
094
094
094
094
094
094
094
094
094
094
094
094
094
094
094
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
--------------------------------------------------------------------------------------------
~lta-~ ro~t +o( rVk)\i G L\Jo't)l-0/
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 17,2006 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle
Charlie Rountree
Vl(i'\V\ICc> \
..
Christine Donnell
Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Bud Henthorn, Meridian Gospel
Tabernacle:
4. Adoption of the Agenda:
5. Consent Agenda:
+o<c'f (>
** TX eot{ ,
IT ION REPORT ** RS OF MRY 18 ' 05 09; PAGE. 01
CITY OF MER1DIRN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl SIRTUS
01 05/18 08:~2 3810160 EC--S 01'50" 003 117 OK
02 05/18 08:44 PUBLIC WORKS EC--S li:Jl' 03" 003 117 OK
03 05/18 08:46 8841159 EC--S 01'05" 003 117 OK
04 05/18 08'47 2eee84074~ EC--S 01'06" 003 117 OK
05 05/18 08:49 POLICE DEPT EC--S 01 'iJ~" 003 117 OK
06 05/18 08:5121 8985501 EC--S 01'03" 003 117 OK
07 05/18 00: 52 L IERRRY EC--S 01'23" 12103 117 OK
08 05/18 08:54 92083776~49 EC--S 01 '03" 003 117 OK
09 05/18 08:55 388692~ EC--S 1211'03" 003 117 OK
10 05/18 0B'57 P-RND-Z EC--S 01'04" 003 117 OK
11 05/18 0B'58 208 895 0390 EC--S 01 '03" 01213 117 OK
12 05/18 09:00 1283000~0 G3--S 01' 23" 003 117 OK
13 135/18 09: 02 208 387 6393 EC--S 01'03" 003 117 OK
1~ 05/18 09:03 RDA CTY DEVELMT EC--S 01 '0~" 003 117 OK
15 05/18 09'05 8885052 EC--S 01'0~" 003 117 OK
16 05/18 09'06 IDRHO ATHLETIC C EC--S 01'0~" 003 117 OK
17 05/18 09:08 ID PRESS TRIBUNE EC--S 01'04" 003 117 OK
18 05/1809:10 2088886701 EC--S 01'0~" 003 117 OK
-------------------~------------------------------------------------------------------------
Revised 5-16-05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 17, 2005 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
~ Shaun Wardle ----X- Christine Donnell
..=.:z.:= Charlie Rountree X Keith Bird
~ Mayor Tammy de Weerd
2. Pledge of Allegiance: 13()lJ JCnd- 7NN'f 3t /4If'i?
3. Community Invocation by Bud Henthorn, Meridian Gospel
Tabernacle: I"l'"'f~f-
4. Adoption of the Agenda: ad,,-r IE ~~ PI'" a.... ~d~P<--
5. Consent Agenda:
7.- A.
B.
Table to from April 26, 2005 Special Meeting - Resolution No._
/)5'"- -1"72- : Assignment of Lease and Amended Lease
Agreement forUle Golf Course: "7'/n'lfto(..-'
Streetliaht Aareement for Sienna Creek Subdivision No.1 by
Sagewood Development Company: ?r-Y<-
Streetliaht Aareema". for RedfeaUler Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.: "7~""'"
Streetlight Aareement for Redfealher Estates Subdivision No.
A by Redfeather Estates Home Owners Association, Inc.: ;f,ff'""1<1t-
Streetliaht Agreement for Redfeatlter Estates SubdlvlJ;lon No.
.1 by Redfeather Estates Home Owners Association, Inc.: ~
Streetlight Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home OWoers Association. Inc.: ~__
License Agreement with Namoa & Meridi.m Irriaation District
for the Ten Mile Oraln Pathwav at Waltman Court Subdivision: ~.......,.,
c.
D.
E.
F.
G.
Meridian City Council Agenda - May 17, 2005 Page 1 of 3
All materials p~nIed lit public rnoolings !:l1alJ b<loom& prOJlllrly olthe City 01 Meridian.
Anyone desiring accommodation for ditabililies related to documents and/or hOllrings
please c:onl3cl the City Clerk's Office 81885-4433 at leasl 48 hours prior to the public meelJng.
l:'age 1 or 1
Will Berg
From: Anna Canning [canninga@merldiancity.org]
Sent: Friday, May 13,20056:14 PM
To: 'Jessica Johnson'; 'Tara Green'; 'Will Berg'
Subject: Strategic Initiatives Department Report on the agenda
Amla Borchers Canning, AICP
Ciry of Meridian Plan1ling Director
660 E. Walertower Lane, Stlile 202
Meridian, IV 83642
(208) 884-5533 phone
(208) 888-6854 facsimile
ill!l.!li.zJga@meridiatfcity.org e-mail
5/16/2005
MEMORANDUM
TO: MAYOR AND COUNCIL
FROM: ANNA BORCHERS CANNING, AlCP
PLANNING DIRECTOR
DATE: MAY 16,2005
RE: STRATEGIC INITIATIVES
The Mayor has asked that I provide a Department Report regarding the
strategic initiatives. As you will recall, I e-mailed a copy of the revisions to you
previously. The Mayor and I went over them the other day, and there may still
be some necessary changes. In particular, I missed the issue on access to City
records. It also seemed appropriate to move a couple initiatives from one focus
area to another. I've incorporated these changes into the document that you
have before you tonight. I started with the ((clean" version; the new edits are in
underline and strikeout form.
Sorry for the confusion on so many iterations, but I feel it is important to
document and maintain integrity from revision to revision.
-
I look forward to your comments on Tuesday.
Anna
CITY OF J\1ERIDIAN PLANNING AND ZONING DEPARTMENT
660 E. WATERTO\XlER ROAD
1ffiRIDIAN, ill 83642
(~.
DRAFT #:1- Revised Strategic Initiatives with Focus Areas
Focus Areas:
Work together as City Departments with the common aoal of (widina arowth,
providinq city services within available resources, oraanizational excellence, and
stewardship of the public trust.
. Planning For Community Growth
A vibrant community accommodates and encourages growth which leads to
economic vitality and sustainability. Planning for growth is a community process
that represents the community at large. Planning requires collaboration among
all service providers and governing agencies.
Initiatives:
-I.Nork tOfjeFReF-aS City Dep~e common goal of-€fuifiiR~
Meet the current demands for services, while anticipating additions and changes.
Follow-up with appropriate programs, ordinances, and resolution to meet those
demands.
Be respensivc, innovative anfi-eppeFff:Jr:H.s#c in impro'liRg respense time-s,
eev-eFafje,aRfl...-way&-eHJeing business:-
. Providing City Services With Available Resources
Many city services rely on public funding for personnel and equipment. Growth
creates constraints and /imitations on those services. Use existing-and create
new-partnerships and collaborations to plan for growth.
Initiative:
Be responsive, innovative and opportunistic in improvinq response times,
coverage, and ways of doina business.
Find alternative funding sources and operational efficiencies.
. Organizational Excellence
The image of City elected officials and staff reflects community commitment. Our
citizens expect the best service possible, and the City recognizes the value of all
of its employees in providing such service.
Initiatives:
WM 3/28/05
Page lof2
C
DRAFT #;1 - Revised Strategic Initiatives with Focus Areas
Enhance employee skills through trainingl coaching and mentoring. Positive
reinforcement of job performance will result in a work environment that makes
employees stakeholders in the success of the City.
Use information technology to enhance staffs ability to respond efficiently and
effectively.
Promote the mission and demonstrate City values at all times. Demonstrate our
commitment to our core values through our actions.
. Stewardship of the Public Trust
Citizens entrust their tax monies with the City and expect the greatest benefit
possible in the use of those funds. As stewardsl we are not only responsible for
the daily operation of services and governance of the City, but we are also
obligated to do it in a manner that protects the fiscal solvency of the City.
Initiatives:
Participate in public involvement outreachl and collaborative partnerships to
improve the trust, support and confidence of our community in our stewardship.
Demonstrate financial responsibility. Regularly evaluate fee assessments and
monetary oversight processes to maintain fiscal solvency.
Develop a system for providina consistent, understandable, accurate, and
complete information regarding city records and access to city information.
WM 3/28/05
Page 2 of2
~lt/l~ Post tv( P0\0I:G (\lor"/ Th6lV\b~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 17, 2005 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle
Charlie Rountree
Christine Donnell
Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Bud Henthorn, Meridian Gospel
Tabernacle:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Table 10_ from April 26, 2005 Special Meeting - Resolution No. _
: Assignment of lease and Amended lease
Agreement for the Golf Course:
B. Streetliaht Aareement for Sienna Creek Subdivision No.1 by
Sagewood Development Company:
C. Streetliaht Aareement for Redfeather Estates Subdivision No.
6 by Redfeather Estates Home Owners Association, Inc.:
D. Streetliaht Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.:
E. Streetliaht Aareement for Redfeather Estates Subdivision No.
.4 by Redfeather Estates Home Owners Association, Inc.:
F. StreetliQht Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.:
G. license Aoreement with Nampa & Meridian Irrioation District
for the Ten Mile Drain Pathway at Waltman Court Subdivision:
Meridian City Council Agenda - May 17, 2005 Page 1 of 3
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents andlor hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
H. Aareement with JUS Enaineers. Inc. for North Slack Cat Trunk
and lift: Station Proiect:
!. Resolution No. Ratifying and
Approving the Creation of Blueprint for Good Growth. Inc.:
J. Request for Payment for Sage Community Resources far
Grant Administrative Expenses for the ICDBG 04-m-26-EfJ tlP
Business Exoansion Grant):
6. Department Reports:
A. City Council President - Shaun Wardle
1. letter concerning the Ada County EMS Levy Election:
B. Planning & Zoning Department - Anna Canning
1. Strategic Focus Areas & City-Wide Initiatives:
C. legal Department - Bill Nary
1. Proposed Policy Changes:
CD. Bereavement Leave:
b. Education Reimbursement:
c. Introductory Period of Employment:
d. Compensation Program:
e. Clothing Attire and Allowance:
f. Military Leave:
g. Director Benefits Program:
h. Trial Service Period for Promotions or Transfers:
7. Items Moved from Consent Agenda:
8. FP 05.032 Request for Final Plat approval of 52 building lots and 5
common lots on 10.99 acres in a R-4 zone for Silverleaf Subdivision No.
~ by Liberty Development, LlC - 2683 West Chinden Boulevard:
Meridian City Council Agenda - May 17, 2005 Page 2 of 3
AU materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
9. FP 05m031 Request for Final Plat of 98 single~family residential building
lots and 26 common area lots on 19 acres for Hacienda Subdivision by
Doug Jayo - south of Chinden Boulevard and east of North Meridian
Road:
10. FP 05-030 Request for Final Plat approval for 40 single4amily residential
building Jots on 10.49 acres in a R-8 zone for Paramount Subdivision
NOl. 7 by Paramount Development, Inc. - east of North Linder Road and
north of West McMillan Road:
"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."
11. Public Hearing: VAR 05~008 Request for a height Variance from the
maximum height of 40 feet to 58 feet for a recreational attraction for
Boondocks Fun Center by Boondocks Fun Center - Meridian, LLC _
1385 South Blue Marlin:
12. Public Hearing: RZ 05~006 Request for a Rezone of 4.65 acres from R-4
to L-Q zone for Verona Subdivision No.3 by Primeland Development,
LLP - northeast corner of North Ten Mile Road and West Milano Drive:
13. Public Hearing: AZ. 05~010 Request for Annexation and Zoning of 4.63
acres from RUT to L-Q zone for Wvndstone Place Subdivision by
Quasar Development, LLC -1151 South Wells Street:
14. Public Hearing: PP 05-012 Request for Preliminary Plat approval of 8
building lots and 3 common lots on 4.63 acres in a proposed L~Q zone for
Wvndstone Place Subdivision by Quasar Development, LLC - 1151
South Wells Street:
15. Public Hearing: CUP 05~014 Request for a Conditional Use Permit for a
Planned Development for a professional office complex on 4.63 acres in a
proposed L-Q zone for Wvndstone Place Subdivision by Quasar
Development, LLC -1151 South Wells Street:
16. Water, Sewer and Trash Delinquencies:
11. Discussion of Black Rock Subdivision by Brad Watson, Public Works
Director:
Meridian City Council Agenda - May 17, 2005 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 hearings
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
(
** TX CONFIRMATION REPORT **
AS OF MAY 13 '05 17:38 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
01 05/13 17:36 ALL AMERICAN INS
MODE MIN/SEC PGS CMD~ STATUS
EC--S 01' 28" 005 094 OK
--------------------------------------------------------------------------------------------
~~\t,. ~o~t for r\J~\1 G L\Jo"tl.u,,"- I Vt?1V\lC:> ~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 17, 2006 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle _ Christine Donnell
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of Allegjance:
3. Community Invocation by BUd Henthorn, Meridian Gospel
Tabernacle:
4. Adoption of the Agend3:
5. Consent Agenda:
A. Table to from April 26, 2005 Special Meeting - Resolution No. _
: Assignment of Lease and Amended Lease
Agreement for the Golf Course:
B. Sfr.est'ioht Aareement for Sienna Creek Subdivision No.1 by
Sagewood Development Company:
C. StreetflQht Agreement for Redfeather Estatea Subdivision No.
~ by Redfeather Estates Home Owners Association, Inc.:
D. $treetliaht AQreement for Redfeather Estatell Subdivision No.
A by Redfeather Estates Home Owners Association, Inc.:
E. Streetliaht Aareement for Redfe..ther Estates Subdivision No.
~ by Redfeather Estates Home Owners Association. Inc.~
F. StreetUqht Aareement for Redfeather Estates Subdivision No.
~ by Redfeather Estates Home Owners Association. Inc.:
G. Liceose Aareement with Namoa & Meridian Irrlaation District
for the Ten Mile Drain Pathway at Waltman Court Subdivhsion:
Meridian City Council Agenda - May 17, 2005 Pase 1 of 3
All matetials presented at public meetings shalf become property of the City of Meridian.
Anyone desiring accommodation fur disabilities related to documents andfor hearings
please contact t~ City Clerk's Office at 888-4433 at least <Ul hours prior to the public meetJng.
** TX COW ; TI ON REPORT ** FlS OF MAY lO6 'lOs .14 PAGE. 01
CITY OF MER]DIAN
DATE TIME: TO/FROM MODE M]N/SEC PGS CMDl:! STATUS
01 05/06 17:04 LIBRARY EC--S 00'28" 1301 025 OK
02 05/06 17:05 92063776449 EC--S 130'23" 001 025 OK
03 05/06 17:06 3886924 EC--S 00'24" 001 025 OK
04 05/06 17:07 206 895 lO390 EC--S 00'23" 001 025 OK
135 05/06 17:06 128300040 G3--S 013'28" 001 025 OK
06 05/136 17:09 208 387 6393 EC--S 0121'24" 01211 1325 OK
07 05/06 17:113 ADA CTY DEUELMT EC--S 0lO'24" 001 025 OK
lO8 05/lO6 17:11 88851352 EC--S lO0'24" 1301 025 OK
09 05/06 17:12 IDAHO ATHLETIC C EC--S 130'24" 01211 025 OK
10 05/06 17:13 ]D PRESS TRIBUNE EC--S 00'24" 001 025 OK
11 05/06 17: 14 2008886701 EC--S 00'24" 001 025 OK
------~-------------------------------------------------------------------------------------
MA VOR
T;lmmy do Woord
CITY COUNCil. MF.M BaRS
Koith Bird
Chrisline Donnoll
Sh.un W.rJI.
Ch,,,i.s M RDun'm:
CITY HAI.L
(208) 88R.4433 - F.~ 887.4813
PlIllLlC WORKS
BUILDING DEPARTMUNT
[208) 887.2211 -1'.,898-%51
olfer.Cl'rlYdOI'l.a.~ n'" .;:- ',\,
-~/ '~,
v
\' IDAHO f'
~ lV
, /f/
~~'!!.J~nl,.,,<"~....'y#~'"
~~-iT1~lt~
1.F.:(jAI. b8'^RTM'ENT
(20S) SSB . 44 B "AX B87- 48 I}
[i INVITATION TO ~
NORTH MERIDIAN AREA OPEN HOUSE
_ MAY 16, 2005 .._
.:. What?
.:. Why?
.:. When?
'.' Where?
.:. Who?
A public open house. 'The City of Meridian is updating its
Comprehensive Plan and Future Land Use Map. This is the blue print
to guide the growth and development of the City. The update
considers the area north of Ustick Rd., south of the Phyllis Canal,
and east of CanAda Road.
'The fOC1.1S will be on large, undeveloped areas as well as a general
circulation plan.
To solicit input from citizens and property owners in the area
regarding proposed changes to the Future Land Use Map. Staff will
Present a 30 minute overview of the Comprehensive Plan Amendment
process at 6:15 p.m.
Monday, May 16, 2005
6:00 p.m. to 8:00 p.m.
Sawtooth Middle School Cafeteria
3730 N. Lindar Road (east side of Linder Rd., approximately % mile
north of Ustick Road)
The open house is opm to everyone, and all are encouraged to attend.
The City is particularly interested in receiving input from those with
large land holdings in the North Meridian area.
>1<>1< TX CONF I k ION REPORT >1<>1<
Z
AS OF MAY 06 '10"".3:04 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
26 05/06 16;58 38113160
27 05/136 16:59 PUBLIC WORKS
28 05/136 17:130 12084664405
29 05/06 17:01 8841159
30 05/06 17:02 2088840744
31 05/06 17:03 POLICE DEPT
32 05/06 17:03 8985501
MODE MIWSEC PGS CMNI STATUS
EC--S 013'34" 001 025 OK
EC--S 00'25" 001 025 OK
EC--S 00'25" 001 025 OK
EC--S 00'24" 001 025 OK
EC--S 00'25" 001 025 OK
EC--S 1313'24" 001 025 OK
EC--S 00'25" 001 025 OK
-------------------------------------------~-----------~----------~~-----------~------------
MA VOR
Tammy d: Ween:!
CITY COUNClJ, M F.MBGRS
Ke;!h Bini
Chrislille Donnell
Shoun WaNle
Charl~$ !-l. Rountree
f
';1t~~
~,
oW'e;;d/;~"-" . 't
\' IDAHO J.~
~~ Y
~.e. ~
~~~i.~n~:\...;tI:\\~~~"'t.A..~I1il'1
-~~~~\J~:
CITY HAll
(208) 88~.44J3 -!'~, 887.4813
PUBLlC WORKS
BUILDING DEPARTM13NT
(208) 887-2211 -Fa" 898.9551
I.F.(JAL. VGPJ\RTMENT
(208) S88 - 4433 FAX 887. 4813
~- ~
INVITATION TO
[NORTH MERIDIAN AREA OPEN HOUSE
MAY 16,2005 .,
.:. What?
'.' Why?
.:. When?
.:. Where?
'.. Who?
A public open house. The City of Meridian is updating its
Comprehensive Plan and Future Land Use Map. This is the blue print
to guide the growth and development of the City. The update
considers the area north of Ustick Rd., south of the Phyllis Canal,
and east of CanAda Road,
The fOCtlS 'Will. be on large, undeveloped areas as well as a general
circulation plan.
1'0 solicit input from cItlzens and property O"WIlers in the area
regarding proposed changes to the Future Land Use Map. Staff will
Present a 30 minute overview of the Comprehensive Plan Amendment
process at 6: 15 p,m.
Monday, May 16, 2005
6;00 p.m. to 8:00 p.m.
Sawtooth Middle School Cafeteria
3730 N. Linder Road least side of Linder Rd., approximately !f4 mile
north of Ustick Road)
The open house is open to everyone, and all are encouraged to attend.
The City is particularly interested in receiving input from those with
large land holdings in the North Meridian area.