HomeMy WebLinkAbout2003-10-14
CITY OF MERIDIAN
PRE-COUNCIL MEETING
REVISED AGENDA
Tuesday, October 14,2003 at 6:00 p.m.
City Council Chambers
1. Roll-call Attendance:
~ Tammy de Weerd X Bill Nary
=x:= Cherie McCandless + Keith Bird
o Mayor Robert Corrie
2. Adoption of the Agenda: t/~V'f<.....,
3. Discussion with Aspire On:
(45 minutes*) Ire t-e-rv-n""h ~ bry-
Revis
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* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Council Agenda - October 14, 2003 Page 1 of I
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 1he City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
MAYOR
Robert D. Con'ie
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LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-550 I
PUBLIC WORKS
(208) 898-5500 . Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211' Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Naq
Cherie McCandless
Keith Bird
JOAHO
RE-NOTICE OF PRE-COUNCIL MEETING
(Amended 10-13-03)
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the Cit~. Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian,
Idaho, on Tuesday, October 14, 2003 at 6:00 P.M. The Meridian City Council
will be discussing the following agenda items:
- Discussion with Aspire On
The public is welcome to attend the pre-council meeting.
~
DATED this 13th day of October, 2003.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 · (208) 888-4433
City Clerk Ot1ice Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
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RECEIV'ED
OCT t 4 2003
CITY OF MERIDIA..l'I
Executive Summary
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Establishing a Performance System
Foundation
"Of all the things I've done, the most vital is coordinating
the talents of those who work for us and pointing them
toward a certain goal"
- Walt Disney
The City of Meridian Leadership Team along with AspireOn is proud to present a
summary of initial efforts and action plan towards enhancing the overall accountability
and talent capabilities within the City. Through collaborative engagement with City
staff and the support and cooperation of City Leadership, AspireDn was able to
develop and customize foundational elements. Tools and processes implemented
will allow the City to improve performance, productivity, and efficiency in addition to
focusing development efforts to support and achieve desired outcomes. The
culmination of these efforts has resulted in the completion of the following
performance system foundational tools:
. Comprehensive position definitions identifying both soft and technical skill
requirements/accountabilities for every position within the city. This tool has
been provided in an interactive, web based format that can be accessed on
the City's internet.
. Initial needs analysis identifying current development gap priorities relative to
achieving desired performance levels and in regard to the developed position
definitions.
. Defined training toolbox, identifying development workshop elements to
address the initial identified gaps/enhancement focus areas.
. Talent management system outline for identifying development gaps on an
ongoing basis, facilitating efficient delivery and tracking of training efforts, and
integration of position definition and training efforts into the City's performance
management system.
These tools, when properly integrated with other city processes (performance
evaluation, mentorship, etc.) will result in:
. Enhanced management/supervisor capabilities.
. Effective succession planning.
. Results oriented, targeted training for residual benefit.
. Facilitation of improved accountability and corresponding performance.
. Effective career pathing.
. Improved engagement/communication within the City.
As part of this process, identified Senior Leadership went through a foundational
leadership development program, which included comprehensive leadership
emotional competency profiling and foundational leadership coaching. This resulted
in enhanced understanding of leadership/management responsibilities and
behavioral accountabilities as well as current leadership capabilities. The gathered
information was then utilized to identify a targeted focus for leadership/management
development within the city.
2
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Based on the information gathered (interviews, team interactions, questionnaires,
data review, profiling, etc.) as well as the leadership process, development priorities
for the City have been identified and can be reviewed in Attachment A Given the
City's desire to continually strive for "Excellence," the following elements represent
primary recommended development efforts to support achievement of the City's
desired outcomes and objectives.
· The City currently has identified a set of shared values. While these shared
values provide a positive message, they have not been thoroughly integrated
in the City. The organization has not fully embraced the corresponding
behaviors, actions, and responsibilities of these values that will drive the
performance of the organization. Collaboratively, with Senior Leadership,
AspireDn recommends a Values program be defined and delivered to
integrate values to performance within the City. This type of program will
enhance and reinforce overall efforts outlined (i.e. behaviors associated with
effective communication, accountability, and performance coaching) and draw
a direct correlation to accountability within the City. In addition, such a
program will establish a foundation for the City to weave these values into all
aspects of the organization as well as enhance each person's understanding
of the values, their impacts, benefits, and importance to maximize City
Excellence and service to the citizens.
· Performance Coaching/Mentoring and Management/Supervision Foundation
workshops for the City's Leadership team to establish an appropriate
foundation for achieving positive results from ongoing development efforts and
enhance overall leadership capabilities and accountability. This will establish
a basis for improving understanding of management responsibilities as well as
establish a foundation for ongoing reinforcement of overall talent development
efforts. These programs will also facilitate ongoing effective talent and team
development as well as improve conflict resolution, leadership engagement,
and improve prioritization and time management capabilities.
Given the support and direction of the City Council, this project has provided
foundational elements to address ongoing development to maximize the performance
of the City staff. The City now has the opportunity identified to maintain the
momentum and utilize the resources for a more consistent and integrated ongoing
approach.
3
<,
Execution Required for Excellence
"Execution is a systematic process of rigorously
discussing haws and whats, questioning, tenaciously
following through, and ensuring accountability. It
includes making assumptions about the business
environment, assessing the organization's capabilities,
linking strategy to operations and the people who are
going to implement the strategy, synchronizing those
people and their various disciplines, and linking rewards
to outcomes. It also includes mechanisms for changing
assumptions as the environment changes and upgrading
the organization's capabilities to meet the challenges of
an ambitious strategy."
Execution - The Discipline of Getting Things Done
By: Bossidy and Charan
4
Attachment A
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Recommended "Toolbox"
Based on research, observation, collected data, and engagement with the City
AspireOn has identified short term, targeted workshops to address critical soft skill
needs within the organization. These initial focus enhancement areas have been
identified within the defined three level soft skill position definitions. The resulting
enhancement "toolbox" reflects short term needs (within the next 12 months) with
future enhancement priorities and reinforcement to be identified through an effective
performance management and talent management process. Where possible, it is
recommended that the City try to integratelblend and reinforce soft skill enhancement
with technical skills training.
In addition, in order to maximize overall enhancement and City Excellence efforts, it
is recommended that the City participate in a Values program. Correctly delivered,
this type of program will enhance and reinforce overall efforts outlined below (i.e.
behaviors associated with effective communication, accountability, and performance
coaching).
In order to maximize the City's available resources and time available it is suggested
that all Level III, II, and I (Expanded) participate in the same Performance Coaching
workshop. Including Level I (Expanded) will provide individuals at this level with
valuable information and skills for their current position as well as growth within the
City. The City will be able to save money by having an outside consultant deliver
workshops on-site. This will also provide consistent development and allow for
positive interaction between varying levels of management to establish a foundation
for further discussion, collaboration, and reinforcement on topics discussed.
Because of the rapid growth of the City and the need for looking at what's over the
horizon versus at what's on the horizon, a Positioning workshop was identified for
Level III and Planning workshop for Level II. The same workshop could be delivered
to both levels to fill the need for collaborative strategic thinking amongst the
leadership and management team.
The Collaboration workshop identified in Level III could also be delivered together
with Level II. This will introduce some additional storytelling concepts to Level II in
addition to allowing for positive interaction between management.
OrganizationlTime Management could be delivered in two different ways to maximize
the City's time and dollars.
1) Level III and Level I could participate together in the Organizationfrime
Management Foundation Workshop. And/Or
2) There are some individuals identified in Level III positions who have never had
the opportunity to participate in a Management/Supervisor Foundation
workshop. These individuals would benefit from participating in this course.
The same course on Resiliency could be delivered to Levels II & III to maximize the
City's budget and time.
2
Level III Identified Enhancement Focus Areas:
1. Leadership
. Organization/Time Management Foundation
. Resiliency
. Decisiveness
· Proactive Engagement
. Dynamic Optimism
2. Strategic Management
. Positioning
3. Performance Coaching
. Mentorship
· Talent and Team Development
· Conflict Resolution
4. Communication
. Direction and Guidelines
. Storytelling
Workshops to Address Level III Identified Enhancement
Focus Areas
Organization/Time Management Foundation
· Effective Prioritization
o Creating a To-Do List
o Weighing ramifications and results
o Effectively Budgeting Your Time
. Time Management
o Allocating Your Time
o How to Improve Your Time Management Skills
o Creating an Action Plan
This is anticipated as a % day workshop that covers Organization/Time Management
Foundation identified under Leadership.
3
Strategic Thinking
. Anticipatory Thinking
o Thinking Pro-actively - Don't Put Out Fires, Prevent Them
o Grasping Opportunities
o Introduction to Futuring
· Positional Thinking
o Identify Your Target
o Draw - Aim - Shoot
o Positioning for Performance
o Identifying milestones and outcomes
o Introduction to Execution
This is anticipated as a 1 day workshop that covers Positioning identified under
Strategic Management.
Performance Coachino
· Concepts and Practices for Effective Mentorship/Coaching
o Coaching for Maximum Performance
o Avoid Throwing Rocks - Avoid Coaching Hurdles
o Guidelines for Performance Coaching
o Characteristics of a Successful Archer
o Missing the Mark - Why Coaching Efforts Don't Succeed
· Initiating a Mentorship Performance
o Engage and Build Trust
. Being Present
· Reinforcement & Recognition - Observing Performance
· Soliciting Input & Receiving Feedback
· Conflict Resolution and Effective Negotiation
. How do you Deal with Conflict?
o Achieving a Collaborative Style of Conflict Management
o The Importance of Listening
o Developing a WinIWin Solution
This is anticipated as a 1.5 day workshop (which can be done in 3 - % days) that
covers Mentorship, Talent & Team Development, and Conflict Resolution. It also
provides an introduction to Proactive Engagement and Direction and Guidelines.
4
Collaboration/Enaagement
· Effective Communication Concepts
o Personality Communication Preferences
o The Impact of Perceptions -Interpreting the Writings on the Wall
o Delivering and Receiving the Arrow
o Why Communication Breaks Down - The Rocks That Get in the Way
and How to PrevenVOvercome Them
o Art of Questioning
· Concepts of Storytelling
o Understanding Your Role as a Vision Communicator
o Communicating Change
o Engage - Articulate - Listen - Clarify - Reinforce -Inspire
o Introduction to pro-active engagement
This is anticipated as a 1 day workshop focusing on an overview of the basics of
effective communication (Le. preferences, perceptions, listening, and questioning),
proactive engagement, and the concepts to effective storytelling.
Resiliencv & Attitude
· Keeping Your Head Up
o Challenge Yourself
o Overcome hurldles
o Accepting feedback and criticism
· Choose Your Attitude
o Attitude Responsibility
o Choice and Perspective
o Understanding Perception
This is anticipated as a % day workshop focusing on overcoming challenges,
accepting reality, embracing uncertainty, and gaining perspective. This workshop
also focuses on the importance and impact of maintaining/choosing a positive
attitude.
5
Level II Identified Enhancement Focus Areas:
1. Leadership
. OrganizationfTime Management Foundation
. Resiliency
· Decision Making with Introduction to Decisiveness
· Proactive Engagement
. Management Dynamics and Responsibility
. Dynamic Optimism
2. Strategic Management
· Planning
3. Performance Coaching
. Mentorship
. Talent and Team Development
. Conflict Resolution
4. Communication
· Delegation
· Collaboration with Introduction to Storytelling
· Customer Service - Workshops have been recently delivered in this
area. Continued reinforcement should be present through a more
values based approached with emphasis on both internal and external
customer service.
Workshops to Address Levell/Identified Enhancement
Focus Areas
Management/Supervision Foundation -
. Basics of Leadership
o What is Leadership Courage?
· Understanding and Accepting Management Responsibilities
o The Role of a Manager/Supervisor
· Effective Prioritization
o Creating a To-Do List
o Effectively Budgeting Your Time
. Time Management
o Allocating Your Time
o How to Improve Your Time Management Skills
o Creating an Action Plan
o Introduction to effective prioritization
6
This is anticipated as a 1 day workshop (or 2 - Y2 days) and focuses on the
accountability of managers/supervisors covering Management Dynamics and
Responsibility, OrganizationfTime Management Foundation, Delegation, and an
introduction to Decision Making.
Strateqic Thinking
. Anticipatory Thinking
o Thinking Pro-actively - Don't Put Out Fires, Prevent Them
o Grasping Opportunities
o Introduction to Futuring
. Positional Thinking
o Identify Your Target
o Draw - Aim - Shoot
o Positioning for Performance
o Identifying milestones and outcomes
o Introduction to Execution
This is anticipated as a 1 day workshop that covers Positioning identified under
Strategic Management.
Performance Coaching
. Concepts and Practices for Effective Mentorship/Coaching
o Coaching for Maximum Performance
o Avoid Throwing Rocks - Avoid Coaching Hurdles
o Guidelines for Performance Coaching
o Characteristics of a Successful Archer
o Missing the Mark - Why Coaching Efforts Don't Succeed
. Initiating a Mentorship Performance
o Engage and Build Trust
. Being Present
. Reinforcement & Recognition - Observing Performance
. Soliciting Input & Receiving Feedback
. Conflict Resolution and Effective Negotiation
. How do you Deal with Conflict?
o Achieving a Collaborative Style of Conflict Management
o The Importance of Listening
o Developing a WinNVin Solution
This is anticipated as a 1.5 day workshop (which can be done in 3 - Y2 days) that
covers Mentorship, Talent & Team Development, and Conflict Resolution. It also
provides an introduction to Proactive Engagement and Direction and Guidelines.
7
Collaboration/Enaaaement
. Effective Communication Concepts
o Personality Communication Preferences
o The Impact of Perceptions -Interpreting the Writings on the Wall
o Delivering and Receiving the Arrow
o Why Communication Breaks Down - The Rocks That Get in the Way
and How to Prevent/Overcome Them
o Art of Questioning
. Concepts of Storytelling
o Understanding Your Role as a Vision Communicator
o Communicating Change
o Engage - Articulate - Listen - Clarify - Reinforce -Inspire
o Introduction to pro-active engagement
This is anticipated as a 1 day workshop focusing on an overview of the basics of
effective communication (Le. preferences, perceptions, listening, and questioning),
proactive engagement, and the concepts to effective storytelling.
Resiliency & Attitude
. Keeping Your Head Up
o Challenge Yourself
o Overcome hurldles
o Accepting feedback and criticism
. Choose Your Attitude
o Attitude Responsibility
o Choice and Perspective
o Understanding Perception
This is anticipated as a % day workshop focusing on overcoming challenges,
accepting reality, embracing uncertainty, and gaining perspective. This workshop
also focuses on the importance and impact of maintaining/choosing a positive
attitude.
8
Level I Identified Enhancement Focus Areas::
1. Positive Performance Foundation
. OrganizationfTime Management Foundation
. Decision Making
. Proactive Engagement
. Attitude
Expanded
. Mentorship
. Team Facilitation
. Conflict Resolution
2. Communication
. Collaboration
· Customer Service - Workshops have been recently delivered in this
area. Continued reinforcement should be present through a more
values based approached with emphasis on both internal and external
customer service.
. Introduction to Conflict Resolution
. Teamwork
Expanded
. Delegation
Workshops to Address Level I Identified Enhancement
Focus Areas
OrganizationfTime ManaQement Foundation
. Effective Prioritization
o Creating a To-Do List
o Weighing ramifications and results
o Effectively Budgeting Your Time
. Time Management
o Allocating Your Time
o How to Improve Your Time Management Skills
o Creating an Action Plan
This is anticipated as a % day workshop that covers OrganizationfTime Management
Foundation identified under Leadership.
9
Performance CoachinQ (Level I Expanded)
. Concepts and Practices for Effective Mentorship/Coaching
o Coaching for Maximum Performance
o Avoid Throwing Rocks - Avoid Coaching Hurdles
o Guidelines for Performance Coaching
o Characteristics of a Successful Archer
o Missing the Mark - Why Coaching Efforts Don't Succeed
. Initiating a Mentorship Performance
o Engage and Build Trust
. Being Present
· Reinforcement & Recognition - Observing Performance
· Soliciting Input & Receiving Feedback
· Conflict Resolution and Effective Negotiation
. How do you Deal with Conflict?
o Achieving a Collaborative Style of Conflict Management
o The Importance of Listening
o Developing a WinANin Solution
This is anticipated as a 1.5 day workshop (which can be done in 3 - % days) that
covers Mentorship, Talent & Team Development, and Conflict Resolution. It also
provides an introduction to Proactive Engagement and Direction and Guidelines.
Collaboration/EnQaQement
· Effective Communication Concepts
o Personality Communication Preferences
o The Impact of Perceptions -Interpreting the Writings on the Wall
o Delivering and Receiving the Arrow
o Why Communication Breaks Down - The Rocks That Get in the Way
and How to Prevent/Overcome Them
o Art of Questioning
· How do you Deal with Conflict?
o Achieving a Collaborative Style of Conflict Management
o The Importance of Listening
o Developing a WinANin Solution
This is anticipated as a 1-day workshop (or 2 - % days) that covers the basics of
effective communication - more specifically the identified areas of Collaboration as
well as an introduction to Proactive Engagement. This workshop also provides an
introduction to managing conflict.
10
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...c. 10-.... ...-"""-..........c...$,...."
0.0.."0 Om m~~m~Q)~.E
E.2li.i o...c a:J~ 0.... a (/)
~LU.!Q~~OO=s-go~o~
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ro:
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c
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_ro ... mcmoo
o (/) 0 .... .2 E OJ (/)
c: ......... f1J ~ ::J .....,.- Q)......
OC c m~"O:::mc.._u
._ Q) .- U - m :J s:: c Q)
.....ro E ? .... ro -m u t: a .- 0..
::::: :J:J_ amrnlll
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m'- 00 III ~ 0 ~'o '0 em......
ui3m~ -o2=20c:J
-om....__ ~ ~:Jaro:;::::mo
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Co c 0 3 m ~ e ::: m c c '2 - :J
o ...... 3 E Q) .- :J .5 mom Z. e
:;:::::;::::l3o-c~"Ou- .:pm=-c
SU Ua:l=-1Il ro: m m~ c m ...:.0.....
:::: ._ E c = ~ ....m c .-.Q s:: a m m
... 4- m n. .- C ...... t: Q) ..... ...
.- 0.. ~ .2 0 :J a:l a -c c ;;:;l
O)e~.gEro"O""'EE-""":J'=:
OQ) ~ :E 'r:: 80m'r:: E 0 ~ E 8 5
- ::J.QJ u 0 0 0 - ro 0 u
o U III ro Q) 0 E 0 .5 .:=: ~ m '0
-(f) 5
C ~
~ 8
~. .
mro
c......
:em ~
om :e
o..c ac
0...0 0..0
m '0.. ~ 0..:;::::
n. E c :J:J '2
~ 00 0 .=: m ll=
:Ei3~ 5 l3~
:J1:JN m:::lc
o c'2 c/)"o "ffi 0
'0 m m c .~ > t5
...... III e> n, c"O m
coo...... c
Q) _ m E.2 m "0 2
E~-cQ)rom@ljj
~'r::::: ~.~ g} '- E
00 :::l 0 ~ ~ c ,2 m
~rnE~c:~*6i~
.~ ~ ~ i ~ 'c; ~ 2 ~
E Q)
m .2
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o >
. .
Teamwork
. Working Effectively Within a Team
o Targeting Team Dynamics
o Targeting Team Effectiveness
. Team Communication
o Communication Arrows
. Your Accountability as a Member of the Team
This is anticipated as a % day workshop covering teamwork,
The Impact of Attitude
. Choose Your Attitude
o Attitude Responsibility
o Choice and Perspective
o Understanding Perception
This is anticipated as a % day workshop (3.5 hrs) focusing importance and impact of
maintaining/choosing a positive attitude with an introduction to resiliency.
11
i
** TX CONFfR~,... ION REPORT **
AS OF OCT 10 '03 15:50 PAGE. 01
CITY OF MERrDIAN
DATE TIME TO/FROM
32 10/10 15:49 3810160
MODE MfN/SEC PGS CMD~ STATUS
EC--S 00'25" 001 150 OK
r l1o.se. ?ogk M 'Puhk' L YWt1ce...... ~~t
CITY OF MERIDIAN
PRE~COUNCIL' MEETING
AGENDA
Tuesday, October 14, 2003 at 6:00 p.m.
City Council Chambers
1. RolI~call Attendance:
~ Tammy de Weerd
Cherie McCandless
_ Mayor Robart Corrie-
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Executive Session as per Idaho State Code 67~2345 (1) (b):
(60 minutes"')
· Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Council Agoolb-Ocwber 14.2003 Poge I nfl
All moI<t:illl. P'CllClltod 1I1 publ;. mt:eling..htill booonlc Ilropaty oflhe Cily of MoriWan.
Anyone desiring :o.:commo<lali... f<rr distlbiliriC$ ,e!Mod 10 doouments arnIIor hewgs
plCftso comaolt the City Clcrl:'$ Office at 8884433 ot lcut 48 hoW':< priorlO the pl1hlic Illcctlng.
** TX CONFIRMATION REPORT **
AS OF OCT 10 '03 16:11 PAGE.01
01
02
03
04
05
06
07
08
09
10
11
12
13
14
15
16
17
18
19
20
24
DATE TIME TO/FROM
10/10 15:50 PUBLIC WORKS
10/10 15:51 12084664405
10/10 15:52 8841159
10/10 15:53 2088840744
10/10 15:53 POLICE DEPT
10/10 15:54 8985501
10/10 15:55 LIBRARY
10/10 15:56 92083776449
10/10 15:56 208 388 6924
10/10 15:57 2088886854
10/10 15:58 12084674538
10/10 15:59 208 895 0390
10/10'16:00 Laurel
10/10 16:01 208 387 6393
10/10 16:01 ADA CTY DEUELMT
10/10 16:03 208-888-5052
10/10 16:04 CHERRY LANE
10/10 16:04 POST OFFICE
10/10 16:06 IDAHO ATHLETIC C
10/10 16:06 ID PRESS TRIBUNE
10/10 16:11 208 888 6700
MODE
EC--S
EC--S
EC--S
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
EC--S
EC--S
EC--S
CITY OF MERIDIAN
MIN/SEC PGS
00'20" 001
00'19" 001
00' 19" 001
00' 19" 001
00'18" 001
00'18" 001
00'21" 001
00' 18" 001
00'20" 001
00' 18" 001
00' 18" 001
00' 18" 001
00' 19" 001
00'19" 001
00'38" 001
00'20" 001
00' 19" 001
00'26" 001
00' 18" 001
00' 18" 001
00' 18" 001
CMDj:j:
150
150
150
150
150
150
150
150
150
150
150
150
150
150
150
150
150
150
150
150
150
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
--------------------------------------------------------------------------------------------
? 11M€- ?og1 pY ?uhli c.. VLoBce..~ ~'(,S{
CITY OF MERIDIAN
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 14,2003 at 6:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Executive Session as per Idaho State Code 67-2345 (1) (b):
(60 minutes")
MAYOR
Robert D. Con'ie
Tl1CtSf'7o<6t .flrr ru.Wc.. l1okCe.,~ -PC1(ilVL/::-S!
i 'I :~.:!! '"
~~ ~
~;;'~r~
~ P r CITY OF [~~J1".
'-/Vi erldiCfn'-'1~~ '~\
\ /. lDAHO /
~ ~y
'O~ "v
').'reA ...._-1 0
Ii ';~.r TREASURE V ~ , I" SUICE
1903
LEGAL DEPARTMENT
(208) 466.9272 . PAX 466.4405
PARKS & RECREATION
(208) 888.3579 . Fax 898.550 I
PUBLIC WORKS
(208) 898.5500' Fax 887.1297
BUILDING DEPARTMENT
(208) 887.2211' Fax 887-1297
PLANNING & ZONING
(208) 884.5533 . Pax 888.6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
RE-NOTICE OF PRE-COUNCIL MEETING
(Amended 10-13-03)
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City. Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian,
Idaho, on Tuesday, October 14, 2003 at 6:00 P.M. The Meridian City Council
will be discussing the following agenda items:
- Discussion with Aspire On
The public is welcome to attend the pre-council meeting.
\\\,\11 1I1I11I1ff.
\\\ f MC" 'III
",.\\ ..J. 0 c:.:.FfID 11//
..:::-", ~ '4. .I,.....
~ G cp?POR,iJ'I: '1>-"'~
.::- if- ~.A-:::-
~ ~ v-
~ ~
DATED this 13th day of October, 2003.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884.8723 . Finance & Utility Billing Fax (208) 887.4813
'~licL.>G 1o~t f;x 'P~bUG 11oti~~ rhQ,'1~$l
CITY OF MERIDIAN
PRE-COUNCIL MEETING
REVISED AGENDA
Tuesday, October 14,2003 at 6:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Discussion with Aspire On:
(45 minutes*)
Revis
~&3
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Council Agenda - October 14, 2003 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring acconnnodation fOT disabilities related to documents andloT bearings
ptellSe contact the City Clerk's Office at 888-4433 at least 48 bOUTS prior to the publio meeting.
** TX CONF I k ,I ION REPORT **
(
AS OF OCT 13 '03 16:21 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
31 10/13 16:20 Laurel
MODE MIN/SEC PGS CMDij STATUS
EC--S 00' 25" 001 184 OK
MAYOR
Robert D. Corrie
"
-/.'{:'7
~nTYOf" ~ifi. ,
~ I1L. _~~. ",.
endian ~. i; \,
~ 1l,)^HO i
~'" ,?y
I"t~ ~...1..e.E~~l'olj.Gt,f
CITY COUNCIL MEMBER.S
T:lmmy dcWcerd
William L. M. N:lry
Cherie McCunUlcss
I<~iih Bird
LEGAL. DEPARTMENT
(202) 288.2499 . FlIX 288.2501
PARkS /I: RECREATION
(2118888.3579. fllX 893.sS01
PUflUC WORKS
(208) 898.5500 .f';!l;. 887.1291
BUILDING DEPARTMENT
(208) 887.22J I . F"-'t 887.1297
l'\.ANNING AND ZONINC
(208) 884.5533 . FlU lIBS.GS54
DECLARA TION OF CANDIDACY FILED
FOR THE TUESDA Y, NOVEMBER 4, 2003 CITY GENERAL ELECTION
MA VOR (4 year term):
Ronald Keith Bird, 1022 W. 8th Street, Meridian, 10 83642
Home Telephone 888~210B
Jonathon S, Howard, 2701 W. Pebblestone Court, Meridian, ID 83642
Home Telephone 895-8672
Jim R. Johnson, 1083 N. Justin Place, Meridian, /D 83642
Home Telephone 887-1083
Tammy de Weerd, 2621 N. Miranda Avenue, Meridian, 10 83642
Home Telephone 887-3747
CITY COUNCIL SEA T #1 (4 year term):
Shaun Wardle, 3064 N. Tumbeay Way, Meridian, 10 83642
Home Telephone 887~6817
David Zaremba, 2540 N. Crooked Creek, Meridian, 10 83642
Home Telephone 288-2935
CITY COUNCIL SEAT #3 (4 year term):
Cherie McCandless, 1882 N.W 13th Avenue, Meridian, ID 83642
Home Telephone 888~4753
Charles M. Rountree, 2696 N. Greenbelt Place, Meridian, JD 83642
Home Telephone 888-2731
Tuesday, October 21, 2003 - Last day to file a declaration of intent for write-in
candidates.
33 EAST IDAHO' MERIDIAN, IDAHO 83642
(208) 888-4433 . F:lX (208) 887-4813 . City Cletk Officc Fax (20&) &88-4218 . Human Res(l\,":e~ F:l)( (20.&) 8M-S723
** TX CON~. ,AT ION REPORT **
(
AS OF OCT 13 '133 14: 18 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:! STATUS
01 10/13 14:84 288-888-5052 EC--S 013'24" 1301 174 OK
02 10/13 14:05 CHERRY LANE EC--S 1313'26" 13131 174 OK
133 10/13 14:e6 POST OFFICE EC--S 00'32" eel 174 OK
134 10/13 14=138 IDAHO ATHLETIC C EC--S 1313'23" 001 174 OK
135 10/13 14:139 ID PRESS TRIBUNE EC--S 013'23" 13131 174 OK
05 113/13 14:10 2138 888 6700 EC--S 130' 23" eel 174 OK
---------------------------------------------------~---------------------------------------~
MAYOR
Robel[ O. Corrie
'Ylease... 7o~ W 7~c..l'lokc;.-- Lhetnt::.S!
..i~ .;:;,:r.,"i.t
'. r'rJrr....1?4:
~."''''~~."k
~ '-1'15 - ,-
c::M'e;;d/:n~;
k. IONiO
~
~~~uet~ \J
I.!::GAL DcPARTMeNT
(208) .1(,(,-9272 . rAX 4(,(0-4405
!>,.,RKS & RF.CRGATION
(2118) 8S8-J57~ . f'~. S~S.550 I
PUBLIC WORKS
(20~) 898.5$00 . f'u. ~g7.1l\l7
flUILD1NC l.)I;PARTMENl"
(208) 887.2211 . F~. 887,1291
Pl.ANNINC & ZONING
(20B} 88<\.55:1:1 . F~. ~S8.oS5<\
CITY COUNCIL MEMBERS
'f~mmy d. WeeI'd
Willi;,m L. M NOlIY
CherIe McCandless
Kcl~l BinI
RE-NOTICE OF PREaCOUNCIL MEETING
(Amended 1 O~ 13~03)
MERID1AN CITY COUNCil
NOTICE IS HEREBY GIVEN that the Clt~ Council of the City of Meridian
will hold a Pre~Council Meeting at City Hall, 33 East Idaho Avenue, Meridian,
Idaho, on Tuesday. October 14,2003 at 6:00 P.M. The Meridian City Council
will be discussing the following agenda items:
- Discussion with Aspire On
The public is welcome to attend the pre-council meeting.
DATED this 13th day of October, 2003.
33 E^~l' lDAHO AVENlIli . MERIDIAN. IDAHO 8364Z' (208) 888-4433
Chy Clerk Olllcc fn~ (lOR) 888.4218 . Ilumnn Resources Ftlx (Z08) 884-1\723 . Finance & UlllHy Illlling F:iX (208) ~~7-4813
** TX
IRMATION REPORT **
15
16
17
19
21
22
23
24
25
26
27
28
29
30
31
32
DATE TIME TO/FROM
10/13 13'48 3810160
10/13 13:49 PUBLIC WORKS
10/13 13:50 12084664405
10/13 13:51 8841159
10/13 13:53 2088840744
10/13 13:54 POLICE DEPT
10/13 13:55 8985501
10/13 13:56 LIBRARY
10/13 13:57 92083776449
10/13 13: 58 208 388 6924
113/13 13:59 21388886854
10/13 14:00 12084674538
113/13 14:00 288 895 0390
10/13 14:01 Laurel
10/13 14:02 2138 387 6393
10/13 14:e3 ADA CTY DEVELMT
AS OF
(
OCT 13 '~~ i4:04
PRGE.el
CITY OF MERIDIAN
MODE
EC--S
EC--S
EC--S
EC--S
EC--S
EC-S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
G3--S
MIN/SEC PGS
el:l'32" 001
00'24" 001
0e'23" 001
ee'23" eel
0e'24" 001
013'23" 001
00'23" 001
130'28" 001
00' 23" 001
130'26" 001
00'23" 001
00'23" 001
eEl'24" 001
01:l'24" 001
0El'24" 001
;)0'39" 001
''?Uo.&... 7o~ .fW- v()..bt:c..1Loh'C(,- IhttY7..t.s!
.....,
MAYOR
Robert I). Conic
CITY COUNCIL MEMBERS
'l'omm~ d. Wccrd
WilH;'m L. M, Nory
Chene MoCandless
Kciul Bird
CMDlI
174
174
174
174
174
174
174
174
174
174
174
174
174
174
174
174
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
Q(
OK
\.EC^L DePARTMENT
[.ws) .((,(,.9272 . FAX 4(,(o....~O;
PARKS &. RF.CRE^TION
(2118) 888.JS19' 1',. 898-5501
PUB~(C WORKS
[20~) R~R.S500. Fa. ~~7-1297
P.UILDING DEPAJlTMENT
(.wE) 887-2111 . F., 887,1291
P~ANNING &: ZONINCl
(2081 SS4.SS3~ . F,. ~SS'G8S4
RE.NOTICE OF PRE-COUNCIL MEETING
(Amended 10-13-03)
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the Citr Council of the City of Maridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian,
Idaho, on Tuesday, October 14, 2003 at 6:00 P.M. The Meridian City Council
will be discussing the following agenda items:
- Discussion with Aspire On
The public is welcome to attend the pre-council meeting.
DATED this 13th day of October, 2003.
33 EA!\T IDAHO AVENfJli. MERIDIAN, IDAHO $3642' (208) 888-4433
City CJ~rk Office l'n~ [20S) 888-4218 . Hum"" Re$()urce~ F., {2(8) 884-R123 . Finance &. Ulilily Ilill1ng Fo.x (208) SR1-tl81,
(
** TX IRMATION REPORT ** AS OF OCT 13 'EJ,,' 13:53 PRGE.el
CITY OF MERIDIAN
DRTE TIME: TO~FROM MODE 1'11WSEC PGS CMDlI STATUS
131 10/13 13:34 89855131 EC--5 130'19" 001 173 OK
132 10~13 13:35 LIBRARY EC--S e0'21" 001 173 OK
03 10,13 13'36 92083776449 EC--S 00'19" 001 173 OK
04 113,13 13'37 208 388 6924 EC--S 130'20" 001 173 OK
05 11'1,13 13:38 2088886854 EC--S 130' 19" 001 173 OK
136 10/13 13:39 2138 895 0390 EC--S e0'18" 001 173 OK
137 113~13 13'40 208 387 6393 EC--S 00'21" 001 173 OK
138 10,13 13:41 ADA CTY DEVELMT G3--S 00'38" 001 173 OK
139 113/13 13:42 208-888-5052 EC--S 013'20" 001 173 OK
10 11'1/13 13: 43 CHERRY LANE EC-S 00'20" 001 173 OK
11 10,13 13:44 POST OFFICE EC--S 013'26" 001 173 OK
12 113/13 13:45 IDAHO RTHLETIC C EC--S 00'19" e01 173 OK
13 113,13 13:46 10 PRESS TRIBUNE EC--S 130' 19" 001 173 OK
14 113/13 13:47 208 888 67130 EC--S 130'18" 0el 173 OK
18 113,13 13:51 12084674538 EC--S 1313' 19" 001 173 OK
213 113/13 13:52 Laurel EC--S 1313'19" 001 173 OK
,)) lmSe.. 'YD~i for 'P1r<-l?L.'c. 'Y1otiC(.-Tho-l'7P~J
PRE-COUNCIL MEETING
REVISED AGENDA
Revised
~&3
CITY OF MERIDIAN
Tuesday, October 14, 2003 at 6:0D p.m.
City Council Chambers
1. Roll-call Attendance:
_ TammydeWaerd _ BiJlNary
~ Cherie McCandless Keith Bird
_ Mayor Robert Corrie-
2. Adoption of the Agenda:
3. Discussion with Aspire On:
(45 minutes.)
.APprox~mate aJlowable time set for agenda item may chango depending on
diSCUSSIon. Please use the designated minutes as a guideline only.
M<ridiln City C_oil ~4- O<lOb<t 14, ZOUJ h/l" 1 of I
All mmariolo pr.....wlIll. ptlblic n=ings sball buoOl< ~orlllo Ciry ntMa'i&an.
Anyon. dc';";"g aa:o"""odaljOl1lbr ddahUitlco rcluocl TO 000um'1II....d/0l" bwin8'
pJoo.. - ~ CiIy Clook'. Ollicc Ill. 8&a~J &llol".. 41 h<IoJo prior to 1M public lll<cWlg.
** TX CON~. IATION REPORT **
(
AS OF OCT 13'03 13:34 PAGE. 01
CITY OF MERIDIAN
27
28
29
3121
31
32
DATE TIME TO/FROM
1121/13 13=29 38112116121
10/13 13: 30 PUBLIC WORKS
10/13 13:31 12084664405
10/13 13:32 8841159
10/13 13:33 2088840744
18/13 13:33 POLICE DEPT
~10DE
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
MIWSEC PGS
80'26" 81211
00'20" 801
00'20" 1211211
121121'2121" 12101
00' 19" 001
00' 19" 001
CMDIf
173
173
173
173
173
173
STATUS
OK
OK
OK
OK
OK
OK
'v leRSe.. ~o~i 1W 'PI/-~Ltc.. 1lotiez -Tno-I'/.r-~!
PRE-COUNCIL MEETING
REVISED AGENDA
Revised
~P3
CITY OF MERIDIAN
Tuesday. October 14. 2003 at 6:00 p.m.
City Council Chambers
1. Roll-ca1J Attendance:
_ Tammy de Wserd _ Sill Nary
Cherie McCandless Keith Bird
- _MayorRobertCorrie-
2. Adoption of the Agenda:
3. Discussion with Aspire On:
(45 minutes")
· Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Moridinn City COllDoiI A&mda-OClO~ 14, 21103 Page t of I
..;11 ~ l/f'll_d ~public mecilllg!llbltU become [l<1lp<<ly ottbe City otMoridia.u.
AnyOIlO de3iring ...,ommod.tljoo fur disabi/it.i.:.orcl0:a4 to documtll1t eDd/orl1caring.
pJeo..e OO!lI4<\ 1hc; City Clirl.'s Olli.. "" 81ll1-1433 at!eoa 48 hounI prior to lhe puhlic mc:cting.
~
** TX CONF 1 K. "TI ON REPORT **
(
\
AS OF OCT 13'133 09:51 PAGE. 01
CITY OF MER1DIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS
25 10/13 09:51 CHAMBER-COMMERCE ----5 00'00" 000 170 BUSY
THIS DOCUMENT IS STILL IN MEMORY
-----------------------------------------------------------~-------~------------------------
-.' ~.
'-
l_F.GAI. DEPARTMl:iN'l'
POS} 466-9212 . FAX 466-44115
PARKS & RECREAirON
(ZOS) 888-357<) . Fox &<>3.5501
PUBLIC WORKS
(208) 80$-5500. Fa:.: 8117.1297
BUlWfNG DBPARtMENT
(20~) 887-ZZlJ . F;u 887.1297
?LANNINO $.: ZONING
(20~} aM-SS33 . F~x 888-6854
MA. VOR
Rohert D. CQrrie
CITY COUNCIL MEMBERS
T~mmy de Wccrd
Wl1ll~m t.. M. Nul")'
Cherie McCandle~s
Keith Bird
NOTICE OF PRE-COUNCIL MEE;TING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre~Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday. October 14, 2003 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda items:
- Executive Session as per Idaho State Code 67-2345 (1) (b)
The public is welcome to attend the meeting.
~;&:-~
WILLIAM G. BERG, J
DATED this 10th day of October, 2003.
33 cAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888.4433
City CI~)"k Office Frut (ZOS) 888.4:218 . Humnn Resources fa!: (lOR) SS<t-Sn3 . Fin;mce & Utility BillIng Fax (:208) 887-4813
JI<* TX CONF I F.:r .n rr ON REPORT **
AS OF OCT 10 03 17:15 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS
14 1(;V10 17: 15 CHAMBER-COMMERCE ----5 00' 00" 000 161 BUSY
THIS DOCUMENT IS STILL IN MEMORY
MAYOR
Raben D, Conic
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LeGAl.. DEPARTMENT
(20~) ACi6-9212 . FAX 4(,(,-4405
PARK$ &. KaCRliAI'lON
(20~) 888.3579 . F~~ S9SSS0 I
I'UllUCWORKS
(l08) 89a.5500 . F~x sa7-1297
DUll.D]NG Dl:.I'AI::'I'MEN'r
(20~) gS7-221 t .. FQ.~ 887-1297
l'LANNING &. ZONING
(208) 884-553) . l'~x. 888-6854
CITY COUNCIl.. MEMBERS
Tummy de Wecrd
wnll~m L M. Nary
Cherie McCandless
K~;!h Bird
....y'Ij,.~~__"............,-.,."n
NOTICE OF PRE.COUNCJL ME~TING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre~Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, October 14,2003 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda '[tems:
- Executjve Session as per Idaho State Gode 67-2345 (1) (b)
The public is welcome to attend the meeting.
Ji~~#
WILLIAM G. BERG, J
DATED this 10th day of October, 2003.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 8IlS.4433
Cily Clerk Office Fax (208) 88842]8 . HUll1nn Re~ouree~ Fax (2011) 8114-8723 . Pfn~nc~ & UliliLy Billing Fzx (208) 887.4813
"
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** TX cok .r1RTI ON REPORT **
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RS OF OCT 10 'bj'16:39 PRGE.a1
CITY OF MERIDIAN
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02
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06
07
08
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DRTE TIME TO/FROM MODE MIN/SEC PGS
10/10 16:19 12084674538 EC--S 00'23" 001
lG/10 16:20 20e 8950390 EC--S 00'22" 001
10/10 16:22 209 387 6393 EC--S 00'24" 001
10/10 16:22 ADR CTY DEUELMT G3--S 00'40" 001
10/10 16:24 208-888-5052 EC--S 00' 23" 001
Ul/113 16:25 CHERRY LANE EC--S a13'27" 001
1El/10 16:26 POST OFFICE EC--S 013'32" 13131
la/10 16:27 IDAHO RTHLETlC C EC--S 00'23" 0131
10/10 16:28 10 PRESS TRIBUNE EC--S 00'22" em
10/10 16: 29 208 888 67130 EC--S 00'22" 0131
10/10 16:39 CHAMBER-COMMERCE ----S 00'00" 000
THIS DOCUMENT IS STILL IN MEMORY
?~ ~o8i :hr cp~c, Y!:btiCJ-- -lhMLf:Sf
MAYOR
Roherl D. Conic
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CITY COUNCIL MEMBERS
Tllml~Y de Ween)
William!.. M. Nary
(:hene MeC~dlc~s
I(eitn Bird
. ~;Jl
NOTICE OF PRE-COUNCIL ME~TING
MERIDIAN CITY COUNCIL
CMDll
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I'!.ANNJNG ... ZONING
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NOTICE IS HEREBY GIVEN that the Cily Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
TueSday, Octobor 14, 2003 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda items:
- Executive Session as per Idaho State Code 67-2345 (1) (b)
The pUblic is welcome to attend lhe meeting.
DATED this 10th day of OctOber, 2003.
J4.":#
WILLIAM G. BERG, J
33 E^ST lDAH"O AVENUE' MERIDIAN. lDAHO ~3642 . (208) 888-4433
City Clerk Oflice FllX (208) 888-421 S . Hum~n Resources 1'"" (208) ~84-8723 . Finuncc & UIHily Billing Fa. (208) 887.481:1
?It(''''/1osi:&- ?u-Y:rU:G 11ptt~.-1 '~1J.s(
MAYOR
Robert D. COIl'ie
~ P / CITY OF L!t.. -",
VVLerldltrn
LEGAL DEPARTMENT
(208) 466.9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-550 I
PUBLIC WORKS
(208) 898.5500 . Fax 887-1297
BU1LDlNG DEPARTMENT
(208) 887-22] 1 . Fax 887-1297
PLANNING & ZONiNG
(208) 884-5533 . Fax 888.6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
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 Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, October 14, 2003 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda items:
- Executive Session as per Idaho State Code 67-2345 (1) (b)
The public is welcome to attend the meeting.
DATED this 10th day of October, 2003.
33 EAST IDAHO AVENUE · MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
\
~ [eM ~ ?og>i Py ?ub Ii (. VUrtiQ.,,-1h)Jvt~!
CITY OF MERIDIAN
PRE-COUNCil MEETING
AGENDA
Tuesday, October 14,2003 at 6:00 p.m.
City Council Chambers
1. Roll-can Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Executive Session as per Idaho State Code 67-2345 (1) (b):
(60 minutes*)
'I< Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Council Agenda - October 14,2003 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.
MAYOR
Robert D_ Con-ie
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-5501
PUBLIC WORKS
(208) 898-5500 . Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
cUe~;di;;t~ 1', \,
IDi\HO l
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. \ 1903
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 Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, October 14, 2003 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda items:
~ Executive Session as per Idaho State Code 67-2345 (1) (b)
The public is welcome to attend the meeting.
DATED this 10th day of October, 2003.
-
-
-
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433
City Clerk Office Fax (208) 888-42[8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
MAYOR
Robert D. Conk
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- ~,~.~'~1tf~f1<}-- ~d_
~\~-';1'-, 1~-:' 'c ,;
~ V /"" CITY OF' [~- -;, '.',
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IDAHO //
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LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-550 [
PUBLIC WORKS
(208) 898-5500' Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-] 297
PLANNING & ZONING
(208) 884-5533.. Fax 888-6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
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 Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, October 14, 2003 at 6:00 P.M. The Meridian City Council will be
discussing the following agenda items:
- Executive Session as per Idaho State Code 67-2345 (1) (b)
The public is welcome to attend the meeting.
DATED this 10th day of October, 2003.
33 EAST IDAHO AVENUE 0 MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Ulility Billing Fax (208) 887-48l3
MAYOR
Robert D. Corrie
c:Me;;dl;~~-"';
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LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-5501
PUBLlC WORKS
(208) 898-5500 . Fax 887-1297
BUILDING DEPARTMENT
(208) 887-221] . Fax 887-]297
PLANN]NG & ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Kcith Bird
IDAHO
RE-NOTICE OF PRE-COUNCIL MEETING
(Amended 10-13-03)
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Pre-Council Meeting at City Hall, 33 East Idaho Avenue, Meridian,
Idaho, on Tuesday, October 14,2003 at 6:00 P.M. The Meridian City Council
will be discussing the following agenda items:
- Discussion with Aspire On
The public is welcome to attend the pre-council meeting.
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DATED this 13th day of October, 2003.
~
-
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884.8723 . Finance & Utility Billing Fax (208) 887-4813
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 14,2003 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
-.K..- Tammy de Weerd X Bill Nary
~ Cherie ~cCandless X Keith Bird
Mayor Robert Corrie
2. Adoption of the Agenda: ~Y'<Z- as a~c:L
3. Consent Agenda:
5 - D.
A.
B.
Tabled from October 7,2003: Resolution No.
Approving the Memorandum of Understanding with Meridian
Firefighters Local 2.311 regarding Wages:
(;vM -/Y:? 1Jc;{-; 2-11 UJC/ 3
Approve minutes of September 23, 2003 City Council Regular
Meeting: ~tr<-
Approve minutes of September 23, 2003 Pre-Council Meeting: ~ Vl.e-
Resolution No. &3 - 4-1 4- : Approving Addendum
No. 1 to Agreement with Boise City for City Prosecutor I
Criminal Legal Services: ctf~ V'.e....-
Water Main Easement for LOS Stake Center (McMillan and
Linder): ~ V'.e...
License Agreement with Nampa Meridian Irrigation District for
LDS Stake Center (McMillan and Linder): o/lJ?Y'Clf/l..e--"
License Agreement with Nampa Meridian Irrigation District for
the Jackson Drain Pathway through Locust Grove Place
Subdivision: ~p v L
Agreement for Professional Services for Meridian
Development Corporation (MDC) Water Main Upgrades on East
2nd Street and Bower Street - Civil Survey Consultants: ~<9 v-e......
C.
E.
F.
G.
H.
Meridian City Council Agenda - October 14, 2003 Page 1 of3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andfor hearing
please contact the City Clerk's Office at 88&-4433 at least 48 hours prior to the public meeting.
I. October 2003 Addendum to Development Agreement
Correcting the legal description for AZ 00-026 Bear Creek
Subdivjsi!'1) Nc::>. 6 (fk~ I approved as Kodiak Development):
-ta//}-(.L to eJorl 21/ 2-l/tl3
4. Department Reports:
5.
6.
7.
8.
9.
10.
11.
12.
13.
A. Public Works Department:
1. Discussion with Marvin Everett regarding Consent to
Annexation Agreement for 785 South Locust Grove
Road: ~.?~ ~UL.rl-k ~/hl-o 4r.u..In..e~
-~f c:v-nh-C K ~
(Items Moved from Consent Agenda)
Ordinance No. (J 3--/ 01-7 : Amending Ordinance 03-1024
Adopting the 2002 National Electrical Code and Additions and
Exceptions: tvr ;:rro v-.e..
""-
Ordinance No. : Amending Ordinance 03-1033
Correcting the legal description for AZ 00-026 Bear Creek
Subdivision No.6 (fka I approved as Kodiak Development):
. Cd)v1Yn~ ~ #~-f. 2-11 2RP"3
Ordinance No. -fJ '3 . If} 1- g : Amending Ordinance 03-1037
AZ 03-012 Request for annexation and zoning of 24.004 acres from R1
to R-2 zones for Carol Subdivision by The City of Meridian - west of
North Eagle Road and south of East Ustiqk Road: J _ /) ~ 0')/ "'1 ~ ,<j
C~~~ cJot) L.- ( ,?<vo.-:;)
Ordinance No. {J r5 - ! 046 : Amending Ordinance 03-1039
Adopting the 2000 Edition International Fire Code: ~V'-<--
TE 03-006 Request for a Time Extension for filing of the Final Plat for
Sundance Place Subdivision No.1 by Engineering Solutions, LLP -
east of North Meridian Road and north. of East Ustick Road: cr j9Y1P ~
er?IeAf/tiv fa &(/1. II ''J--tPtt'-f-
Continued Public Hearing from September 23, 2003: ZOA 03-002
Request for Amendments to Sian Ordinance:
~iYMlA.L jJ II/..fo t9 c--+.. "J.-t i '2.pc/ 3
Public Hearing: AZ 03-015 Request for annexation and zoning of 9.8
acres from RUT to R-8 zones for proposed Sageland Planned
Development by Quasar Development, LLC - northeast corner of South
Locust Grove Road and East Victory Road: Re-noticed for October 14,
2003 City Coun.cil meeting due to plat changes
(ttrYl- -/YM tA-t.- jJ I It- Iv t!? d, 2-11 2-d? 0 j
Public Hearing: PP 03~020 Request for revised Preliminary Plat
approval of 41 building lots and 9 other lots on 10.64 acres in a proposed
R-8 zone for proposed Saaeland Planned Development by Quasar
Meridian City council Agenda-October 14,2003 Page 2 of3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting.
14.
15.
16.
17.
18.
19.
20.
21.
Development, LLC - northeast corner of South Locust Grove Road and
East Victory Road: Re-noticed for October 14, 2003 City Council
meeting due to plat changes Corv-h h t.-t.e/ jJ / It... 1-0 tJ~/- 2/1 2-00:3
Public Hearing: CUP 03-036 Request for Conditional Use Permit for a
Planned Development with a private neighborhood park in an R-8 zone for
proposed Saoeland Planned Development by Quasar Development -
northeast corner of South Locust Grove Road and East Victory Road: Re-
noticed for October 14, 2003 City Council meeting due to plat
changes C'(Tyv~ U<./ jJ / It fo tJe-f-" ZI/2-tJ t13
Public Hearing: AZ 03-019 Request for annexation and zoning of 16
acres from RUT to R-8 zones for proposed Hiohoate Subdivision by
Harris Homes, LLC - 2700 North Meridian Road:
d.--li..47rh.e!j f<> /2yce.?~ -r(~.( &/~ fPy YIjfl1PV&~
Public Hearing: PP 03-023 Request for Preliminary Plat approval of 74
building lots and 10 other lots on 15.68 acres in a proposed R-8 zone for
proposed Hiohoate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road: N~ fa p.e.//tl/U ,c It- f e/-t ,coy o.-pp-t'Pvtvl
Public Hearing: CUP 03-039 Request for a Conditional Use Permit for
single-family residential Planned Development with a mix of attached and
detached housing in a proposed R-8 zone for proposed Hiahaate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
~thJ?l.ej ~ jJYe(ltiA-! "//~ I el-f fw- /?~vd
Public Hearing: AZ 03-018 Request for annexation and zoning of 43,86
+1- acres from RT to C-G zones for Kissler I Cobbs I Eaav I Ruwe by
BRS Architects - southwest corner and southeast comer of North Eagle
Road and East Ustick Road: I 3
OtJl7'1/-/y'MUL fulL .;.-0 tJd~ 2fJ,'2-(?()
Public Hearing: AZ 03-020 Request for annexation and zoning of 1.13
acres from R-6 to L-O zones for proposed Office Jet Subdivision by
Wardle and Associates - 1975 North Locust Grove Road:
ttit'P-r/l-C1 .fo pre;; ~ ..r It: " e / ~
Public Hearing: PFP 03-003 Request for Preliminary I Final Plat
approval of 4 building lots on 1.13 acres in a proposed L-O zone for
proposed Office Jet Subdivision by Wardle and Associates -1975 North
Locust Grove Road: /'/ r ~ ~
a~ fo ~fl~ .-fIr ';'( c-"
Public Hearing: Nif 03-009 Request for modification of condition to leave
the Onweiler Lateral open and construct a 10 foot wide paved multi-use
pathway and place a 5 foot chain link fence along the south bank of canal
for Silhouette Subdivision by Silhouette LLC - east of North Meridian
Road and south of East Ustick Road:
C!C/J'Vfrh t.u?. ,tJ I II ~ ;..Ib 1/, 2 '7r 2~ 0 '3
Meridian City Council Agenda - October 14,2003 Page 3 of3
All materials presented at public meetings shall become property of the City of Meridian..
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
October 24, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 28, 2003
ITEM NO <
3~B
REQUEST
Approve minutes of October 14, 2003 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:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~ ~ VJL.---
tfu /' r
~
Date:
Staff Initials:
Phone:
Contacted:
Emailed:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 14,2003 at 7:00 p.m.
City Council Chambers
1. Rollwcall Attendance:
x
X
Tammy de Weerd X
Cherie McCandless X
o Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Consent Agenda:
A. Tabled from October 7, 2003: Resolution No.
Approving t he Memorandum of Understanding with Meridian
Firefighters Local 2311 regarding Wages: Table to October
21,2003
B. Approve minutes of September 23, 2003 City Council Regular
Meeting: Approve
G. Approve minutes of September 23,2003 Pre-Council Meeting:
Approve
5-0. Resolution No. 03-414 : Approving Addendum
No. 1 to Agreement with Boise City for City Prosecutor I
Criminal Legal Services: Approve
E. Water Main Easement for LDS Stake Center (McMillan and
Linder): Approve
F. License Agreement with Nampa Meridian Irrigation District for
LDS Stake Center (McMillan and Linder): Approve
G. License Agreement with Nampa Meridian Irrigation District for
the Jackson Drain Pathway through Locust Grove Place
Subdivision: Approve
H. Agreement for Professional Services for Meridian
Development Corporation (MDC) Water Main Upgrades on East
Meridian City Council Agcnda - October 14,2003 Page I of 4
AllmuLerials prcscnted at public mcetings shall become property of the City of Meridian.
i\nyonc desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clcrk's Office at 888-4433 at least 48 hours prior to the public Illceting.
2nd Street and Bower Street - Civil Survey Consultants:
Approve
I. October 2003 Addendum to Development Agreement
Correcting the legal description for AZ 00~026 Bear Creek
Subdivision No.6 (fka I approved as Kodiak Development): Table
to October 21, 2003
4. Oepartment Reports:
A. Public Works Department:
1. Oiscussion with Marvin Everett regarding Consent to
An nexation Agreement for 785 South Locust Grove
Road: Approve Request to enter into agreement for
annexation
5. (Items Moved from Consent Agenda)
6. Ordinance No. 03-1047 : Amending Ordinance 03-1024
Adopting the 2002 National Electrical Code and Additions and
Exceptions:
7. Ordinance No. Amending Ordinance 03-1033
Correcting the legal description for AZ 00-026 Bear Creek
Subdivision No.6 (fka / approved as Kodiak Development): Continue to
October 21,2003
8. Ordinance No. : Amending Ordinance 03-1037
AZ 03-012 Request for annexation and zoning of 24.004 acres from R1
to R-2 zones for Carol Subdivision by The City of Meridian - west of
North Eagle Road and south of East Ustick Road: Continue to October
21,2003
9. Ordinance No. 03-1048 : Amending Ordinance 03-1039
Adopting the 2000 Edition International Fire Code: Approve
10. TE 03-006 Request for a Time Extension for filing of the Final Plat for
Sundance Place Subdivision No.1 by Engineering Solutions, LLP -
east of North Meridian Road and north of East Ustick Road: Approve
Extension to October 1, 2004
11. Continued Public Hearing from September 23, 2003: ZOA 03-002
Request for Amendments to Siqn Ordinance: Continue Public Hearing
to October 21,2003
Meridian City Council Agenda - October [4,2003 Page 2 of 4
All materials presented at publie meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contaet the City Clerk's Oflice at 888-4433 at least 48 hours prior to the public meeting.
12. Public Hearing: AZ 03-015 Request for annexation and zoning of 9.8
acres from RUT to R-8 zones for proposed Saqeland Planned
Development by Quasar Development, LLC - northeast corner of South
Locust Grove Road and East Victory Road: Continue Public Hearing to
October 21, 2003
13. Public Hearing: PP 03-020 Request for revised Preliminary Plat
approval of 41 building lots and 9 other lots on 10.64 acres in a proposed
R-8 zone for proposed Sageland Planned Development by Quasar
Development, LLC - northeast corner of South Locust Grove Road and
East Victory Road: Continue Public Hearing to October 21,2003
14. Public Hearing: CUP 03-036 Request for Conditional Use Permit for a
Planned Development with a private neighborhood park in an R-8 zone for
proposed Sageland Planned Oevelopment by Quasar Development -
northeast corner of South Locust Grove Road and East Victory Road:
Continue Public Hearing to October 21,2003
15. Public Hearing: AZ 03-019 Request for annexation and zoning of 16
acres from RUT to R-8 zones for proposed Highgate Subdivision by
Harris Homes, LLC - 2700 North Meridian Road: Attorney to Prepare
Findings of Fact and Conclusions of Law for Approval
16. Public Hearing: PP 03-023 Request for Preliminary Plat approval of 74
building lots and 10 other lots on 15.68 acres in a proposed R-8 zone for
proposed Highgate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road: Attorney to Prepare Findings of Fact and
Conclusions of Law for Approval
17. Public Hearing: CUP 03-039 Request for a Conditional Use Permit for
single-family residential Planned Development with a mix of attached and
detached housing in a proposed R-8 zone for proposed Highgate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
Attorney to Prepare Findings of Fact and Conclusions of Law for
Approval
18. Public Hearing: AZ 03-018 Request for annexation and zoning of 43.86
+/- acres from RT to C-G zones for Kissler I Cobbs I Eagy I Ruwe by
BRS Architects - southwest corner and southeast corner of North Eagle
Road and East Ustick Road: Continue Public Hearing to October 28,
2D03
19. Public Hearing: AZ 03-020 Request for annexation and zoning of 1.13
acres from R-6 to L-O zones for proposed Office Jet Subdivision by
Wardle and Associates - 1975 North Locust Grove Road: Attorney to
Prepare Findings of Fact and Conclusions of Law for Approval
Meridian City Council Agenda - October 14,2003 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring aceomlllodation for disabilities related to docllments and/or hearing
please contact the City Clerk's Oftice at 888-4433 at least 48 hours prior to [he public meeting.
20. Public Hearing: PFP 03-003 Request for Preliminary I Final Plat
approval of 4 building lots on 1.13 acres in a proposed L-O zone for
proposed Office Jet Subdivision by Wardle and Associates - 1975 North
Locust Grove Road: Attorney to Prepare Findings of Fact and
Conclusions of Law for Approval
21. Public Hearing: MI 03-009 Request for modification of condition to leave
the Onweiler Lateral open and construct a 10 foot wide paved multi-use
pathway and place a 5 foot chain link fence along the south bank of canal
for Silhouette Subdivision by Silhouette L LC - east 0 f North Meridian
Road and south of East Ustick Road: Continue Public Hearing to
November 25, 2003
Meridian City Council Agenda - October 14,2003 Pagc 4 of 4
All materials presentcd at public meetings shall become properly of the City of Meridian.
Anyonc desiring accommodation for disabilities related to documents and/or he<lring
please contact thc City Clerk's Oflice at 888-4433 at least 48 hours prior lo thc public meeting.
Meridian City Council Meetinq
October 14, 2003
The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, October 14, 2003, by Council President Tammy de Weerd.
Members Present: Tammy de Weerd, William Nary, Keith Bird, and Cherie
McCandless.
Members Absent: Mayor Robert Corrie.
Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Bill Musser, Doug
Strong and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
X Tammy de Weerd X
X Cherie McCandless X
o Robert Corrie
Bill Nary
Keith Bird
De Weerd: Okay. I'd like to welcome you all here this evening and I will go ahead and
open up the City Council regular agenda meeting for October 14th at 7:00 o'clock and
we will start with roll call attendance.
Item 2:
Adoption of the Agenda:
De Weerd: Thank you. Okay. Item number two is adoption of the agenda. There has
been some noted changes necessary. In the Consent Agenda on 3-A is tabled for
another week. That would make it to October 21st. We need to pull 3-D to 5-0. Item
seven will be continued for one week to October 21 st. Eleven as well to October 21 st
and Item 21 to November 25th. Anna, on Items 12, 13, and 14, do you have a
recommendation on those?
Powell: Madam President, apparently, they got lost in our office. I was -- or we asked
to table them, because -- or we had considered tabling them, because we had not
received the plans. That appears to be an error on our part, not on the applicant's part,
or in the interest of moving them as quickly as possible, if we could just table one week,
we will review them as fast as we can and get you comments.
De Weerd: Okay. So, are there members in the audience here for Items 12, 13, and
14? If so, could you raise your hand? Okay, are you going to be able to come back in a
week? Our staff has not had an opportunity to review the revised plat and so I
apologize for the inconvenience. Sir, is that going to go work for you? Okay. Thank
you. Again, we apologize. Okay. So, if Council --
Nary: Madam President?
Meridian City Council
October 14, 2003
Page 2 of 45
De Weerd: Uh-huh.
Nary: With all of those changes as noted by you, I'd move to approve the agenda as
published.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve the agenda as amended.
I will go over those amendments one more time, just for everyone's information. Item 3-
A will be tabled until October 21st, 3-D will be pulled to Item five on the regular agenda.
Item seven will be continued for one week to October 21 st Item 11 to October 21 st
12, 13, and 14, as well, to October 21 st It looks like we are going to have a full agenda
already next week and then, Item 21 will be November 25th. All those in favor of the
motion say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 3:
Consent Agenda:
A. Tabled from October 7,2003: Resolution No.
Approving t he Memorandum of Understanding with Meridian
Firefighters Local 2311 regarding Wages:
8. Approve minutes of September 23; 2003 City Council Regular
Meeting:
C. Approve minutes of September 23, 2003 Pre-Council Meeting:
E. Water Main Easement for LDS Stake Center (McMillan and
Linder):
F. License Agreement with Nampa Meridian Irrigation District for
LOS Stake Center (McMillan and Linder):
G. License Agreement with Nampa Meridian Irrigation District for
the Jackson Drain Pathway through Locust Grove Place
Subdivision:
H. Agreement for Professional Services for Meridian
Development Corporation (MDC) Water Main Upgrades on East
2nd Street and Bower Street - Civil Survey Consultants:
I. October 2003 Addendum to Development Agreement
Correcting the legal description for AZ. 00-026 Bear Creek
Subdivision No.6 (fka I approved as Kodiak Development):
Meridian City Council
October 14, 2003
Page 3 of 45
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda with the changes of 3-A being tabled
to October 21st, 2003< 0, the resolution for Prosecutor 1 Criminal Legal Services, be
moved to 5-0 on the regular agenda and would ask for the Council President and the
Clerk -- to sign and the Clerk to attest on all proper papers and I'd move that we
approve the Consent Agenda.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda as
amended. Mr. Clerk, roll call.
Nary: Madam President, could I ask a question before we do that?
De Weerd: Uh-huh. Mr. Nary.
Nary: Since we moved item seven -- or tabled it to 10/21, is item I on the Consent
Agenda, that appears to relate to the same development, is it okay to approve this or
should we have moved that, too? That's the addendum to the development agreement
regarding the same subdivision phase, so I didn't know --
De Weerd: Mr. Nichols?
Nichols: Madam President, Members of the Council, that's correct. It should be moved.
Nary: Okay.
Bird: I will change my -- if the second --
McCandless: Second agrees.
Bird: I will change to move item I on the Consent Agenda to 10/21/03.
De Weerd: To 10/211 03? We were pulling 0 to Item fiye.
Bird: But that's got to go along with Item number seven, which is going on the regular--
De Weerd: Okay. Thank you. Mr. Clerk.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
October 14, 2003
Page 4 of 45 .
Item 4:
Oepartment Reports:
A. Public Works Oepartment:
1. Oiscussion with Marvin Everett regarding Consent to
Annexation Agreement for 785 South Locust Grove
Road:
De Weerd: Okay. Item four, Department Reports. We will begin with Public Works.
Discussion with Marvin Everett regarding Consent to Annexation Agreement for 785
South Locust Grove Road.
Watson: Thank you, Madam President, Council Members. I believe you have in your
packets a copy of the letter from Mr. Marvin Everett to me, dated September 15th. The
situation out there on Locust Grove Road is that ACHD is attempting to acquire right of
way for the Locust Grove widening and overpass and this new right of way would be
over the top of an existing septic system. Consequently, they would like to hook up to
the city's sewer system. However, Mr. Everett is requesting that he not be annexed.
His property is contiguous to the city limits at this time. Brent Smith, right of way
consultant for ACHD, is in attendance tonight and can probably explain the situation in
more detail and more clearly than I am. With that, I will stand for any questions or turn it
to you or Mr. Smith.
De Weerd: Okay. Any questions for Brad? Okay. Mr. Smith. If you will just state your
name and address.
Smith: I am J. Brent Smith, I'm a right-of-way consultant for the Ada County Highway
District. I live at 10342 Estate Drive, Boise, Idaho. We started negotiations for the
additional right of way purchases on the Locust Grove section of -- from Bentley to
Franklin Road. Through the course of the negotiations we were able to identify --
because Mr. Everett brought it to our attention. Mr. Everett is in the audience this
evening, so if you have any questions of him, you can ask him. Like Mr. Watson said,
the Everett property is 785 South Locust Grove Road. It is a 20 acre tract, with a
residence and out buildings on it. It has an assessor's number of S111814200. The
current zoning on this piece of property is RUT. I believe you already know what that is,
but I will just refer to it again as rural urban transition category, which permits, as one of
the uses, the agricultural use that Mr. Everett currently is utilizing on the property. We
are buying an additional 23 feet of right of way and it makes a total bid of 48 feet on the
-- would be Mr. Everett's side of the property. We did discover that -- he excavated from
his septic system out towards the right of way and we discovered there is field drains
going out into the proposed right of way. I came to the Department of Public Works at
that moment and they directed me to see if we could get a disposition out of the Central
Health that would allow us to put in a replacement drain field off the septic tank and they
denied our request quite vehemently. They said because there is sewer service
available in front, there is a short stub that was put in with the subdivision, on the
Meridian City Council
October 14, 2003
Page 5 of 45
opposite side of Locust Grove and that is available at this time. With that in mind, I went
to the Ada County Planning and Zoning to do a possible lot line adjustment to just
isolate the acre home site that Mr. Everett -- that would result in this situation. Back
with the Department of Public -- or with your Public Works Director and also speaking
with representatives of the Planning and Zoning, we felt that probably the best course
would be to request the services and with the benefit of annexation into the city. I think
that Mr. Everett -- I know for a fact Mr. Everett is willing to do that, just when it is
appropriate from the question that we have. He has entered into an agreement after
September 19th, this response from the city. We have a process that if we -- any
continuous status or status that Ada County Highway District at this time and we can
close the transaction, because he has been willing to negotiate an amicable settlement,
including the Ada County Highway District. But it's predicated on the possibility of a
favorable response from you folks at that request that we would -- he would be
permitted to hook up. However, he is willing to be annexed when he would either sell
the property, in whole or in part, or request additional services and I guess what we are
here to do is request Council's approval of annexation based on these terms, that the
annexation be deferred until that time and he would be willing to sign an agreement to
that effect.
De Weerd: Okay. Council, do you have any questions for Mr. Smith? It sounds like
you have looked at all options.
Smith: Well, we tried to make this as agreeable to all parties as possible and the
economic hardship with being annexed at this time is something that Mr. Everett is not
looking forward to. He didn't invite us to come out and buy the property from him, as
most property owner aren't too inclined to volunteer property to us, so -- but we are in
the last stages and we are ready to proceed with this project at this time, so --
De Weerd: Thank you.
Smith: And any consideration that would help Mr. Everett out would certainly be
beneficial to both the city, as well as the Ada County Highway District.
De Weerd: Well, I appreciate your diligence with that. Mr. Everett, do you have any
comments?
Everett: No.
De Weerd: Okay. Thank you, Mr. Smith. Okay. Council, we will probably need to take
action on this. Brad, do you have a staff recommendation?
Watson: Madam President, at this point I think my recommendation, given this very,
very unique situation, would be that we wouldn't object to it, to a connection to the city
sewer.
De Weerd: Okay.
Meridian City Council
October 14< 2003
Page 6 of 45
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: I think we had a similar request not very long ago from the lady that Jives across
the street from the Ponderosa Elementary on Ustick and we said no. I mean I don't -- I
mean I understand, I sympathize with what Mr. Everett's concerns are, but he is
surrounded by the city. He lives right on Locust Grove where a major developmental is
happening and the sewer runs in front of his house, I don't see how we can justify not
annexing into the city. I know -- I know for a fact we have had issues to our neighbors
to the east on due on sale types of transactions in trying to enforce later these situations
where people look to the sewer, with an agreement to annex when they sold their
property and now they are in litigation over that. So, I sympathize, again, with his
request, but I can't support that.
De Weerd: Well, I just feel that this is not similar to that other one. The other one her
system was failing, she had to do something different. He is not asking us to go in and
take the land his system is on and that is the situation he faced. He has a working
system and because of the right-of-way acquisition for this road improvement that this
city desperately needs, we are forcing him into that situation and I know we have done
similar acts of providing services and allowing them to be annexed when they are
contiguous. I think this is an unusual circumstance that would merit consideration and
that's my personal view on it.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I don't know what hardship there is to coming to the city for Mr. Everett. I do
agree he's getting paid for his right-of-way money -- land, but he's -- ACHD is doing it. I
agree with Councilman Nary to the point of there is no time limit that he will be annexed
and if he sells, the people that buy it might not want to come into the city and then, we
face a lawsuit, as the people to the east are finding out right now. We have turned
down other people for this on this same kind of request. I know this is a little bit
different. I would have to see the hardship that it would cause him to come into the city.
I just don't understand what the hardship would be or if we had a times table. I mean
this could go on for 30 years using our sewer and not being annexed to the city and
then, you know, he sells part or all of the property and they say, no, no, no, we are not
going to be annexed, what do you do?
De Weerd: I guess you could consider a limit to allow transitional and again, you know,
this is not a situation being created by himself, this is a situation being created by the
growth in our community and the critical need of extending this roadway across 'the
freeway, so --
Meridian City Council
October 14, 2003
Page 7 of 45
Powell: Madam President?
De Weerd: Anna.
Powell: If I might add a little information to your discussion, I think it might be helpful.
The piece of property is located behind the police training facility and behind where the
police station is and the training and it's a large parcel of ground. It is designated as
commercial in the Comprehensive Plan, so it's not just an individual single family, so
when that does change hands, it's likely to be back before you for a commercial
subdivision. It is a fairly large piece of property or a commercial Conditional Use Permit
or a planned development.
De Weerd: And there will be a significant impact to the property owner annexing it as
far as property taxes and that sort of thing. Again, this isn't his choosing and if we don't
have a designated use, we don't like to annex without consideration of what will be
there. So, again, special circumstances, in my humble opinion. Any other discussion?
Nary: Madam President, maybe Mr. Everett wants to answer Mr. Bird's question about
what the hardship is particularly.
De Weerd: Mr. Everett, would you like to comment? You don't have to if you don't want
to. If you will step forward. We do need it on public record. If you will state your name.
Everett Marvin Everett. I live on South Locust Grove Road.
De Weerd: Thank you.
Everett: I would say the biggest part would be the taxes on the agricultural ground that
I'm farming and been farming it since 1970 but that's the only thing I could say.
De Weerd: Mr. Everett, then, are you continuing to work your ground --
Everett: Yes.
De Weerd: -- at this point? So, if we annex it In it would -- it would not be an
agricultural use, is that right, Anna?
Powell: Madam President, if you annex it, you have to give it some sort of zoning. We
don't have agricultural zoning. It would be most appropriate to give it something
consistent with the Camp Plan designation, so that would be C-G or C-C.
De Weerd: And there would be tremendous burden. Any other questions?
Bird: Mr. Everett, how long has your septic system been in?
Everett Been in?
Meridian City Council
October 14, 2003
Page 8 of 45
Bird: Uh-huh.
Everett: Since I moved there in 1970.
Bird: 1970. So, it's been in use about 33 years?
Everett: Yes.
De Weerd: And this is just going into the drain field, a portion of the drain field?
Everett: Right.
De Weerd: Okay, and Central District Health is not allowing to extend or redirect that
drainage field?
Everett: Because of the sewer line to that subdivision across the street.
De Weerd: Right. Okay. Any other questions for Mr. Everett? Okay. Thank you.
Everett: Thank you.
De Weerd: Okay. I guess we are at a place where I need a motion.
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: Let me ask Mrs. Powell -- I understand what you said about designating the zone
most consistently with the Comprehensive Plan, so -- so that I guess I understand
before we make a decision, you're saying that Mr. Everett can't continue to farm his
property if we annex it?
Powell: No. He could still continue to farm it, it's just that I -- I don't have a full
understanding of the taxing code that they use, but I think if it were zoned a commercial
property, regardless of the fact if he were farming it. They might -- or they would
probably still tax it as commercial property, but I'm not sure exactly.
Nary: Well, but -- okay. Yeah. I guess maybe you would want to know. As I say, I
think -- I mean I think you're right, I think they would, because it's developable property
that's commercial, but he also as the ability to go to the board of equalization and
request an adjustment based on the fact he is farming the property. So I mean I don't
know that it's -- how much it's going to impact him or not.
Powell: That's true. The only other consideration would be that we do -- or in the past
the Council has not pre-zoned property -- that will be an issue later tonight as well,
Meridian City Council
October 14, 2003
Page 9 of 45
putting a commercial zoning on a fairly large piece of property without any development
plan is something we typically don't do, so that would be another consideration.
Nary: We could even zone it A open.
Powell: We don't have an A open.
Nary: We don't have an open.
Nichols: Madam President?
De Weerd: Mr. Nichols.
Nichols: Madam President, Members of the Council, the assessor's office will assess
the property according to its highest and best use. They will look at the zoning and
determine what the highest and best use is. So, they would look at 20 acres, the zoning
is C-G, and determine that its highest and best use was a commercial property and so it
would be -- I would expect, anyway, a significant increase in the valuation of that parcel,
which would result in a significant increase in taxes.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: May I ask Mr. Nichols a question? Mr. Nichols, can we -- if we were to do this,
can we put a time on it -- legally put a time and limit the time on it where we can review
it and I'm not saying -- like review it every couple three years or something like that, to
see what it's doing or is that --
Nichols: Madam President, Members of the Council, what we typically see happen is --
is we require the consent to annexation during the agreement, which can include in it
terms and conditions at which the annexation would be triggered. You could do that in
a time period. You have done it before with parcels that are not contiguous to --
because of the location of the sewer, Central District Health, would deny a permit on a
drain field, which is a similar situation to Mr. Everett's, so, if you can -- can limit it. We
also have some circumstances, I believe, in which we have had consent to annexation
agreements and those have been recorded, but, then, the question became who is
going to file the petition for annexation and who is going to pay that application fee and
those sorts of things. More recently, I believe he asked that -- most circumstances
people pay that fee up front, even pay it up front, even though they are not contiguous
yet, but we are expecting them to be at some point in the future. Then, it's held in the
file and held in abeyance. So, I think you might be able to have a solution, even though
the limit here -- we didn't have it there in advance. Would it guarantee you against a
lawsuit like the City of Boise is facing over there with a written consent? No. No
guarantee. But particularly where this is a situation where he is receiving something in
Meridian City Council
October 14< 2003
Page 10 of 45
exchange for the deferral, at that time I think a court would be hard pressed to overturn
that consent.
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: Yeah. I guess the only way that we could -- that J could feel comfortable in doing
this, is that it's not a time limit for review. I think there has to be a definite time limit and
that -- what that number is -- I think the onus has to be on Mr. Everett. I think that the
situation has to be his application, his request, you know, not the next property owner.
80, if he sells his property within whatever that time limit is, prior to sale he has to make
that request, not the next owner. 80, at least that that -- and, again, like Mr. Nichols
said, a court would have a difficult time, I think, in not enforcing the agreement that the
city had with him to do that, but I think there has to be a limit. I mean it can't go on for
ten years or 15 years. I'm thinking no more than five. I mean five -- I think five years is
probably more than reasonable to have a time period that Mr. Everett can consider what
he can do with his property if he has a definite time in which to make some decisions
and if he were to sell his property in less than five years, that prior to sale he would
have to come in and request annexation and there would be some triggering
mechanism to do that, but that gives him time for that roadway to get constructed and
for whatever other developments that may occur there. I think that's at least as far out
as reasonably I think that this Council could be and we -- are there any concerns with
this long-term agreement in the future, Mr. Nichols? Do you think that would be a
problem for us to have this agreement?
Nichols: Councilman Nary, Mayor -- or Madam President, Members of the Council, I
think the issue is a little different than what it used to be, in that one of the things now
that a property owner that sells property, to have to identify to the purchaser whether it
is subject to a consent to annexation agreement. It's part of the affirmative seller's
property disclosure, which was not in place when properties were sold in southwest
Boise, Ada County, a rea that were subject to consent to annexation. 80, that's 0 ne
issue. In terms of the deferral of action as some -- as being something that might put
the agreement at jeopardy, I don't think so. I think it's an accessible give and take
under the circumstances.
De Weerd: Mr. Everett, do you understand what's being proposed?
Everett: Not really.
De Weerd: If -- who best to explain it? I guess Mr. Nary. Mr. Everett, if you would
come and join us up here in front.
Nary: Mr. Everett, what we are contemplating, I guess, is granting your request to allow
you to hook to the city sewer system and not annex you at this time, with the
contingency that in exchange for you having that deferral to annexation like you're
Meridian City Council
October 14. 2003
Page 11 of 45
asking, that you would have five years in which you would have to -- at the end of that
five years, if you still own that property, you would have to annex into the city at that
point. If you sold the property between now and the next five years, at that point, if
you're going to sell it, you would have to annex it into the city. So, if either one of those
contingencies occurred, but the outside limit would be five years, so you would have --
the intent is that that bridge and overpass, which is supposed to be completed within
those five years, so I guess our -- my intent -- and if the rest of the Council agrees, is
that, hopefully, give you as much time as possible to decide about whether or not you
want to continue farming or sell your property. Or do something different with it in some
fashion, but it would be five years and the reason for that is that we don't want to have
this consent to annexation out there for a really lengthy period of time, because other
cities have had problems in trying to annex those people later. Normally, we wouldn't
grant any extension at all. I mean other situations similar, but a little different from your
request, we haven't allowed that, we have made them annex now, but Councilmember
de Weerd and Mr. Nichols and planning staff have raised some issues with your
situation that is a little different than the other ones and so that's what we are
contemplating is to allow that. What do you think?
Everett: Well, that would be all right. I was kind of wishing it would be a little bit longer
than five years, because that's not very long, five years. I plan on staying there longer
than that, but you never know. I'd rather see it ten years, instead of five.
De Weerd: Okay. Well, anymore questions or comments? Thank you. Okay. Council
-- and I don't know where you came up with the number of years, Bill, but I guess,
again, looking at the circumstances and, let's see, the overpass is 2007, which is four
years down the road, you almost force him to sell his property before he's ready to give
it up. I don't know. I -- where we are talking one piece of property that ten years, allow
him to maintain t he integrity and the use, that we at least know within that ten year
period it will be put into the use that it is designed for in the Comprehensive Plan,
without -- without infringing on his property rights.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: You know, your -- the first thing we are doing is setting a precedence. The five
years I think is very fair. I hope that -- I mean this is the third extension of that Locust
Grove Road overpass that I have heard in the last three days, so I don't -- it was '05
and, then, it was '06 and, then, it's '07< I think that by -- I think that by the years is pretty
good timing that we would give, because I believe that you set a precedence that could
come back to bite you and I can buy -- I can, like Mr. Nary, I could buy the five year time
limit and go for that, but I certainly can't buy anymore time on it.
Nary: Madam President?
De Weerd: Mr. Nary.
Meridian City Council
October 14, 2003
Page 12 of 45
Nary: You know, the other side of the coin is a year from now -- I don't how long a 33
year old septic system is going to last. A year from now -- I mean if Mr. -- the only
difference here is the widening of this roadway. If Mr. Everett was here because his
draining system failed, we wouldn't think twice about it and we would probably make
him annex now.
De Weerd: Correct.
Nary: So, you know, the circumstances here are not real unique. I think if we -- I guess
the only other thing, if Council wanted to do it, we could certainly -- if we are going to
make an agreement with Mr. Everett of a five year limitation, we certainly can allow
future councils to extend that agreement in the agreement itself and certainly they would
have the ability, but that's the only -- there was no magic to five. Actually, I was thinking
three. But five was, I guess, my assumption that maybe in five years one of us would
be sitting here still and remember why we would do that. But I certainly don't have, I
guess, a big concern of allowing that within this agreement, but, understand, I don't -- I
mean I understand the hardship Mr. Everett is talking about, but, honestly, if his drain
system failed, we wouldn't have thought twice.
De Weerd: Well, I appreciate that and I would entertain a motion.
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: I guess I would move that we enter into negotiations to formulate an agreement
with Mr. Everett to grant his request to attach to the city sewer system at this time, with
an agreement to -- for consent to annex within the next five years or prior to sale of his
property. The agreement can also contain a clause that would allow future Council to
extend that agreement up to an additional five years at their desire.
Bird: Before I second it, Bill, I got a question. Bill, does this include all the property or a
piece of the property or -- I mean like on 20 acres, if I sell ten -- if I sell any part of it --
Nary: I think it has to be to the entire property. On any part of that entire property.
Bird: I will second that, then.
De Weerd: Okay. It's been moved and seconded to approve the request and instruct
staff to work out an agreement per the stated motion. Mr. Clerk will you call roll.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
October 14, 2003
Page 13 of 45
Item 5:
(Items Moved from Consent Agenda)
D. Resolution No. : Approving Addendum
No. 1 to Agreement with Boise City for City Prosecutor 1
Criminal Legal Services:
De Weerd: Okay. We have pulled Item D from the Consent Agenda to discuss under
number five -- or number five and that is to discuss Resolution No. 03-414, approving
the Addendum NO.1 to agreement with Boise City for City Prosecutor 1 Criminal Legal
Services.
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: Since I work for the office that's the beneficiary of this contract, even though I
don't receive any benefit from it, I'm going to refuse myself from voting on this particular
contract.
De Weerd: Thank you.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I had some questions on it and Mr. Nary was -- I will say this publicly, is nice
enough to go -- they asked for a six percent increase in their services, their basic
services, which they had to hire some other attorneys, and there was a one-time pay in
one of the -- of $1,076 for the cityand, then, our program was still intact. I think it's very
good, so feel very confident with the resolution. I did have questions on the six percent
increase, but Mr. Nary did explain it sufficiently to me.
De Weerd: Thank you. Are you prepared with a motion?
Bird: Yeah. If I have got the -- 03-414.
De Weerd: Yes.
Bird: Madam President, I would move that we approve Resolution 03-414, approving
Addendum NO.1 to the agreement with Boise City for City Prosecutor 1 Criminal Legal
Services, with the suspension of rules.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve Resolution 03-414. Mr.
Clerk, will you call roll. Oh, I'm sorry. Yes. No, I don't think you need to.
Meridian City Council
October 14, 2003
Page 14 of 45
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Item 6:
Ordinance No. : Amending Ordinance 03~1 024
Adopting the 2002 National Electrical Code and Additions and
Exceptions:
De Weerd: Thank you. Okay. Before we move to item number six, we have had a
couple 0 f changes 0 n 0 ur agenda. I know several 0 f you have been here since we
adopted t he agenda. Item s even has been continued for one week to October 21st.
Item 11 has been -- will be continued for one week to October 21 st Items 12, 13, and
14, as well, will be continued for one week and Item 25 -- or 21 will be moved to
November 25th. So, if you are here for any of those items, if you can join us at the
specified date, we will see you, then. Okay. Item number six, Ordinance No. 03-1047,
Amend Ordinance 03-1024, adopting the 2002 National Electrical Code and Additions
and Exceptions. Mr. Clerk, will you, please, read this ordinance by title only?
Berg: Thank you, Madam President, Members of the Council. Ordinance Number 03-
1047, an Ordinance of the City of Meridian, Idaho, amending Ordinance Number 03-
1024, Electrical Code, adopting the National Electrical Code of 2002 and to amend
Section 10-3-4, Permits, required application, issuance of the Meridian City Code of the
City of Meridian to provide for language which was inadvertently left out of the original
ordinance, to provide for validity, penalty, severability, conflict, savings clause, and
effective date.
De Weerd: Okay. You have heard the reading of Ordinance 03-1047 by title only. Is
there anyone who would like to have it read in its entirety? Hearing none, Council?
McCandless: Madam President?
De Weerd: Mrs. McCandless.
McCandless: I move that we approve Ordinance Number 03-1047, amending
Ordinance 03-1024, and adopting the 2002 National Electrical Code and Additions and
Exceptions, with suspension of rules.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1047. Mr.
Clerk, will you call roll.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
October 14, 2003
Page 15 of 45
Item 7:
Ordinance No. : Amending Ordinance 03w1033
Correcting the legal description for AZ 00-026 Bear Creek
Subdivision No.6 (fka 1 approved as Kodiak Development):
De Weerd: Okay. Item seven has been requested to be continued to the 21 st.
Bird: Madam President, I'd move that we table ordinance -- for amending the ordinance
of 03-1 033, correcting the legal description of AZ 00-026, Bear Creek Subdivision No.6,
formerly approved as Kodiak Development, until October 21 st, 2003.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded tot able I tem number s even. A II
those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8:
Ordinance No. : Amending Ordinance 03-1037
AZ 03-012 Request for Annexation and Zoning of 24.004 acres from R1
to R-2 zones for Carol Subdivision by The City of Meridian - west of
North Eagle Road and south of East Ustick Road
De Weerd: Okay. Item number eight, Ordinance 03-1048, amending Ordinance 03-
1037, AZ 03-012, request for Annexation and Zoning of 24.004 acres from R-1 to R-2
zones for Carol Subdivision by the City of Meridian. Mr. Clerk, will you, please, read
this by title only?
Berg: Thank you, Madam President, Members of the Council. I will apologize if I mess
up somebody's name, because this is one of those lengthy ordinances. Ordinance
number 03-1048, an ordinance finding that the owners of certain real property, William
W. Calhoun and Sherri D. Calhoun, husband and wife, Russel E. and Dorris E. Martin,
husband and wife, Frank E. Youngstrom and Barbara L. Youngstrom, husband and
wife, Dieter W. Wisemann and Celia P. Wisemann, husband and wife, Walter R.
Johnson a nd Virginia L. Johnson, husband a nd wife, Dennis G. Brockway and Mary
Louise Brockway, trustees for the DMB Family Trust, Douglas J. Mellor and Ra Nae
Olson Mellor, husband and wife, William H. Ball and Mary Lynne Ball, husband and
wife, Marlin R. Glaesemann and Beverly J. Glaesemann, husband and wife, Raymond
J. Kane and Judy L. Kane, husband and wife, Maureen E.W. Boyd, a married person as
her sole and separate property, Connee M. Bentley, an unmarried person as her sole
and separate property, Walter C. Williams and Roberta J. Williams, husband and wife,
Julie A. Brandt, an unmarried woman, James F. Hatmaker and Patsy Y. Hatmaker,
husband and wife, Telford C. Brock, Jr., and Charlyn M. Brock, husband and wife, Kent
R. Smith and Tami P. Smith, husband and wife, Janine L. Helms, a single person,
James A. Lau and Linda M< Lau, husband and wife, Gerry R. Morisette and Helen J.
Morisette, husband and wife, Clifford E. Bissell and Phyllis S. Bissell, as co-trustees of
Meridian City Council
October 14, 2003
Page 16 of 45
the Clifford and Phyllis Bissell Trust under Trust Agreement dated January 14, 1991,
and their substitutes and successors as trustee t here under, and Bruce A. 0 yer and
Stella L. Dyer, husband and wife, is generally located west of North Eagle Road and
South of East Ustick Road, Meridian, Idaho, which is known as Carol Subdivision and
which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada,
State of Idaho, have made a request for annexation in writing to the Council, that said
land be annexed to the City of Meridian and zoning designated Rural Low Density
Residential District (R-2), and declaring that said land, by proper legal description as
described below, be a part of the City of Meridian, County of Ada, State of Idaho,
repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and
directing the City Engineer to add said property to the official maps of the City of
Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of
the ordinance and map of the areas to be annexed with the Ada County Recorder,
Auditor, Treasurer, and Assessor and the State Tax Commission of the State of Idaho,
pursuant to Idaho Code Section 50-223 and Section 63-2215.
De Weerd: Thank you, Mr. Berg. You have heard the reading of Ordinance 03-1048 by
title only. Is there anyone who would like to hear it read in its entirety? Thank you. Any
discussion?
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: This might be a hyper-technical question, but I know one of these people in this
list, when we passed this ordinance originally, is one of our mayoral candidates and I
don't believe his property is in this revision.
Bird: Yeah, it is. Walter R. Johnson.
Nary: Oh, it's in the revision part, too?
Bird: Yes.
Nary: Okay. Because I don't know how that impacts -- since I think the state codes say
you have to be -- you have to be a qualified electorate at the time of election. If we pass
this ordinance tonight with these revisions, I'm assuming that these --
Nichols: Madam President, Members of the Council, after the first ordinance was
prepared, I think we had one or two parcels that were off and I don't believe that Mr.
Johnson's parcel was one of them, so I don't see that as an issue that would affect his
candidacy for mayor with this ordinance.
Nary: I'm just wondering if his parcel isn't -- if his parcel is already annexed pursuant to
the prior ordinance, the one that we are amending, 1037, does he need to be a part of
this ordinance?
Meridian City Council
October 14, 2003
Page 17 of 45
Nichols: And, Councilman Nary, he is. His full name is Walter R. Johnson, not Jim
Johnson as he is listed in this one.
Nary: Right. I know he is, but I'm saying does he need to be in this one. If his property
legal description hasn't changed from the prior ordinance we approved, because, like I
said, I don't want it to be an issue for anybody, but if -- it seems to me that if we approve
him in this ordinance, then, the argument is that he isn't part of the city until this is
approved and, thereafter, he isn't a qualified electorate on election day, and he isn't able
to run for mayor any longer. If he doesn't need to be here, then, maybe we should take
him 0 ut 0 fit. I f h is property is already d one and t he legal description for h is parcel
hasn't changed, so that the prior ordinance that we approved was sufficient for him, that
maybe we need to set this over to fix that, so that's not an issue. That's my only
concern.
Nichols: Okay. Councilman Nary, Council President, Members of the Council, Section
5 says ordinances, resolutions, orders or parts thereof in conflict herewith, are hereby
repealed and annulled. Since he was annexed before, he is annexed again. There is
nothing in this ordinance that this conflicts with that prior annexation, it just simply
cleans up the differences between the two of them.
Nary: I understand. I guess my question is if we took him out of this ordinance, would
that affect him? It doesn't appear to affect him and, therefore, it's not an issue for
anyone to claim that he wasn't annexed at the time. That's my only thought and if we
need to set this over a week, that won't make any difference, technically, anyway,
because -- because this clean-up is -- it doesn't matter whether it's this week or next
week. I'm just -- I just don't want anybody to make that an issue and it is a hyper
technical thing, but, you know, I read about people writing a letter in Kuna and it's a
political for somebody or -- you know, if anything become an issue, I don't think it's fair
to anybody, so I just thought if it is not part of this -- if it is not necessary for this
ordinance, then, maybe we should take him out, because it isn't necessary, he's already
annexed in. It's done.
Nichols: Members of the Council, I would recommend that you defer this until next
week and we will have an answer.
De Weerd: And Will will get to read it again.
Berg: Thank you, Madam President.
Nary: Madam President?
De Weerd: Okay.
Nary: I'd move that we table item -- or Ordinance No. 03-1048, amending--
Meridian City Council
October 14,2003
Page 18 of45
De Weerd: We will withdraw the number.
Nary: Okay. I guess I would move to table the ordinance amending Ordinance 03-
1037, regard ing the Carol Subdivision be contin ued to the 21 st of October.
Bird: Second.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to table Item eight to October 21st,
regarding the amending Ordinance 03-1037. A Il those in favor say aye. Okay. All
ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9:
Ordinance No. : Amending Ordinance 03-1039
Adopting the 2000 Edition International Fire Code:
De Weerd: Okay. Ordinance No. 03-1048, amending Ordinance 03-1039, adopting the
2000 Edition International Fire Code and, Mr. Clerk, will you, please, begin by reading
this by title only.
Berg: Thank you, Madam Present, Members of the Council. Ordinary No. 03-1048, an
Ordinance amending Ordinance No. 03-1029, an ordinance of the City of Meridian,
Idaho, amending Ordinance No. 03-1039, Fire Code Ordinance adopting the
International Fire Code 2000, to amend subsection 104.1, general, of the 10-4-2 in the
Meridian City Code of the City of Meridian, to provide for relettering of the A through H
subsection to lettering of A-G, to provide for validity, penalty, severability, conflict, safety
clause, and an effective date.
De Weerd: Okay. Thank you, Mr. Clerk. You have heard the reading of Ordinance 03-
1048. Is there anyone who would like to have it read in its entirety? Okay. Hearing
none, Council?
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: I would move the approval of Ordinance No. 03-1048, amending Ordinance 03-
1039, adopting the 2000 Edition of the International Fire Code and pursuant to Idaho
Code, with suspension of rules.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1048. Mr.
Clerk, roll call.
Meridian City Council
October 14, 2003
Page 19 of 45
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Item 10:
TE 03-006 Request for a Time Extension for filing of the final Plat for
Sundance Place Subdivision No.1 by Engineering Solutions, LLP -
east of North Meridian Road and north of East Ustick Road:
De Weerd: Okay. Item 10, request for time extension for filing of the final plat for
Sundance Place Subdivision No.1 by Engineering Solutions, LLP. We will start with
staff comments.
Powell: Madam President, Members of the Council, it's a pretty straight forward time
extension. It was originally approved on November 19th, 2002. I do believe they have
an application in the process, it just won't be done in time for it to meet that deadline, so
staff is recommending approval of this time extension for their plat.
De Weerd: Okay. Any questions for staff? Does the applicant have any comment?
Okay. I'll entertain a motion.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we approve the request for time extension for filing of the final plat for
Sundance Place Subdivision No. 1 by Engineering Solutions, LLP, east of North
Meridian Road and north of East Ustick Road for a period of one year to 10/14/04.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve the request for time
extension. All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 11:
Continued Public Hearing from September 23, 2003: ZOA 03-002
Request for Amendments to Siqn Ordinance:
De Weerd: Item number 11 was questioned to continue this Public Hearing to October
21 st. Do I have a motion?
Bird: Madam President?
De Weerd: Mr. Bird.
Meridian City Council
October 14, 2003
Page 20 of 45
Bird: I move we continue the Public Hearing for ZOA 03-002, request for Amendments
to the Sign Ordinance to October 21 st, 2003.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to continue item number 11 to
October 21st, 2003. All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 12:
Item 13:
Item 14:
Public Hearing: AZ 03-015 Request for Annexation and Zoning of 9<8
acres from RUT to R-8 zones for proposed SaQeland Planned
Development by Quasar Development, LLC - northeast corner of South
Locust Grove Road and East Victory Road: Re-noticed for October 14,
2003 City Council meeting due to plat changes
Public Hearing: PP 03-020 Request for revised Preliminary Plat
approval of 41 building lots and 9 other lots on 10.64 acres in a proposed
R-8 zone for proposed SaQeland Planned Development by Quasar
Development, LLC - northeast corner of South Locust Grove Road and
East Victory Road: Re~noticed for October 14, 2003 City Council
meeting due to plat changes
Public Hearing: CUP 03-036 Request for Conditional Use Permit for a
Planned Development with a private neighborhood park in an R-8 zone for
proposed SaQeland Planned Oevelopment by Quasar Development -
northeast corner of South Locust Grove Road and East Victory Road: Re-
noticed for October 14, 2003 City Council meeting due to plat
changes
De Weerd: Okay. Items No. 12, 13, and 14 need to -- or by staff request to be
continued until the 21 s1. Mr. Clerk, do I need to open each one? Okay. Okay. Item
number 1 2, Public Hearing 0 n AZ 03-015, request for A nnexation and Zoning of 9.8
acres from RUT to R-8 zones for proposed Sageland Planned Development. I will open
the Public Hearing and it has been requested to continue.
Nary: You can open all three of them.
De Weerd: Okay. If that's okay with Council? Okay. We will open Public Hearing PP
03-020, request for revised Preliminary Plat approval of 41 building lots and nine other
lots on 10.64 acres in a proposed R-8 zone for Sageland Planned Development and I
will open item number 14, Public Hearing CUP 03-036, request for a Conditional Use
Permit for a planned development with a private neighborhood park in an R-8 zone for
the proposed Sageland Planned Development
Nary: Madam President?
Meridian City Council
October 14, 2003
Page 21 of 45
De Weerd: Mr. Nary.
Nary: I'd move that we continue Items 12,13, and 14, AZ 03-015, PP 03-020, and CUP
03-036, all for the Sageland Planned Development, to our October 21 st, 2003 meeting.
Bird: Second.
De Weerd: Okay. It's been moved and seconded to continue Public Hearing on 12, 13
and 14 to October 21st, All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 15:
Public Hearing: AZ 03-019 Request for Annexation and Zoning of 16
acres from RUT to R-8 zones for proposed Hiqhgate Subdivision by
Harris Homes, LLC - 2700 North Meridian Road:
Item 16:
Public Hearing: PP 03-023 Request for Preliminary Plat approval of 74
building lots and 10 other lots on 15.68 acres in a proposed R-8 zone for
proposed Highqate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road:
Item 17:
Public Hearing: CUP 03-039 Request for a Conditional Use Permit for
single-family residential Planned Development with a mix of attached and
detached housing in a proposed R-8 zone for proposed Highqate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road
De Weerd: If it's okay with Council, I'll open Items 15, 16, and 17 at the same time.
Nary: Sure.
De Weerd: Okay. I will open Public Hearing AZ 03-019, request for Annexation and
Zoning of 16 acres from RUT to R-8 zones for the proposed Highgate Subdivision; the
Public Hearing for PP 03-023, request for Preliminary Plat approval of 74 building lots
and ten other lots on 15.58 acres in a proposed R-8 zone for the proposed Highgate
Subdivision, and Item 17, Public Hearing on CUP 03-039, request for a Conditional Use
Permit for single family residential planned development with a mix of attached and
detached houses in a proposed R-8 zone for the proposed Highgate Subdivision. We
will open with staff comments.
Powell: Madam President, Members of the Council, this property is located off of
Meridian Road, recently approved subdivisions around it include Clearbrook, which was
property that was already annexed just west of the site, and Silhouette Subdivision,
which was recently preliminary platted that's to the northwest corner, kind of. This one
wraps around that site. You have got Fothergill Subdivision and Bedford Place
Subdivision. The property currently has two homes on it, I believe. This will be
Meridian City Council
October 14, 2003
Page 22 of 45
removed as part of the subdivision. This is the Preliminary Plat of the subdivision. They
are proposing a mix of units. The attached units are generally done here. There are an
odd number of lots, so the largest lot here in the corner will have a single family
detached home on it This area will have all single family detached homes on it These
homesites tend to run 4,000 to 5,000 square foot and these are -- I'm sorry. Four
thousand to 4,500 and the detached lots tend to run in the 5,000 square foot range.
This is the landscape plan. They are proposing to landscape along the Onweiler Canal,
a little bit along the slough or -- yeah. The slough and then, along the front and then,
there is one open space lot within the subdivision that will also have a tot lot on it This
is an example of their detached homes and this is an example of the attached homes.
These are just related to -- we want to make sure that the product type actually fit on the
lots. There was some concern at the Planning and Zoning Commission over requested
setbacks and this was used to show that there might be some problems on a corner lot,
allowing the garage to be too close to the front lot line, which is a good segway into the
Planning and Zoning Commission hearing. The applicant's representative, Ashley Ford,
testified in favor of the application. There were also some concerns from some of the
surrounding property owners in the Fothergill and Bedford Subdivision -- Bedford Place
about the height of the structures here backing onto them. They wanted to have them
limited to one story. The Planning Commission considered the testimony, but went
ahead and allowed the full height that's allowed by the zone. The key issues -- the
other key issues of discussion were the pathway and landscaping along the north of the
project and that is still an issue for the Council to consider. Later in the agenda you
have a request from -- well, it was actually tabled, but the Silhouette Subdivision is
working with Nampa-Meridian to waive the requirement to tile that The Highgate
Subdivision has said, basically, whatever Silhouette Subdivision is doing, we will
continue that along our property as well. They did discuss the setback modifications
requested by the application and they did decide not to grant the reduced front yard
setback up to ten feet for garages. They discussed the phasing of the project and there
was also discussion about whether the city should adopt a new zoning district to allow
for smaller frontages, just because we see a lot of requests now for those smaller
frontages and also lot size and setbacks. There were a number of changes from staff
recommendation and we have gone and we have received a revised plat and a revised
landscape plan and we have checked those and got back with the application and they
are in agreement with our comments. I believe you have an e-mail to that effect
between Ms. Ford and I. That was the outstanding issue on your summary sheet, which
is that we hadn't received those, but Steve Siddoway was able to go through that with
Ashley before he left. So, I think it comes forward to you at this point with a
recommendation from the Planning and Zoning Commission for approval and staff
concerns have all been addressed.
De Weerd: Thank you, Anna. Any questions for staff at this time?
Bird: I have none.
Meridian City Council
October 14,2003
Page 23 of 45
De Weerd: Okay. Is the applicant here? This is a Public Hearing. Do you swear that
the testimony you provide is the truth, the whole truth, and nothing but the truth, so help
you God?
Ford: I do.
De Weerd: Please state your name and address.
Ford: Good evening, Madam President, Members of the Council, my name is Ashley
Ford, I'm the Director of Planning for Hubble Engineering at 701 South Allen Street in
Meridian. I'm here tonight representing Peter Harris and David Alcox of Harris Homes.
Essentially, I have very few comments to add. We are in agreement with staff's
recommendations and comments. As she said, she did give you a copy of the e-mail.
Any outstanding issues will be addressed in the final plat. Most of them are just plat
notes that need to be modified slightly and we will continue to work with staff to make
sure everything is perfect. We feel that we have provided the highest and best use on
the site. It's a very difficult site, being bordered by the Onweiler to the north and the
South Slough to the south and to the east. We have worked very hard to maintain the
integrity of the Comprehensive Plan, which calls for medium high density and to provide
compatibility with the surrounding neighbors. I'm just here to answer any questions that
you may have this evening and offer some further insight of why we did what we did, if
you have that need.
De Weerd: Okay. Thank you. Council, any questions? Okay.
Ford: Okay. Thank you.
De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone here who
would like to provide testimony on this application? Okay. Council, discussion?
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: Hearing no more public testimony, I would move that we close the Public Hearing
on AZ 03-019, request for Annexation and Zoning, PP 03-023, request for Preliminary
Plat approval, and CUP 03-039, request for a Conditional Use Permit, all for Highgate
Subdivision by Harris Homes, LLC, 2700 North Meridian Road.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Items
15, 16, and 17. All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
October 14, 2003
Page 24 of 45
De W eerd: Discussion?
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: I guess I have one question. In looking at what this says, talking about on
Meridian Road and all of that, I know there i~ a -- I don't remember -- and maybe
someone else does, but the plan is to widen that roadway. Does anybody know when
that is forecasted for? I just assume that it's somewhere in the future, I just don't know
how far. I know we get a lot of comments from people about that roadway.
De Weerd: I do know there is an intersection improvement scheduled for that within the
five year work plan, but I don't recall a -- if it was recently widened or improved there.
Nary: Okay.
De Weerd: And that is where one of the intersection improvements and signalizations
were scheduled.
Nary: I do recall that. That's good. Thank you.
De Weerd: Okay. Any other comments? Okay. Anna, did you have anything further?
Powell: I can add just a little bit of clarification. There is nothing in the ACHD five year
work plan that -- it is three lanes for now and they do intend to keep it that way. The
a ppl icant d id set a side extra right 0 f way i n t he eventuality t hat it c ou Id 0 r would be
increased, so they did -- they have two landscape lots, basically, in the front, one that
could be dedicated, if that's --
Nary: Thank you.
De Weerd: Thank you. Okay. If there is no further discussion, I would entertain a
motion.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 03-019, request for Annexation and Zoning of 16 acres
from RUT to R-8 zones for proposed Highgate Subdivision by Harris Homes, LLC, 2700
North Meridian Road and incorporate all staff, Planning and Zoning, and applicant
testimony, and for the attorney to draw up Findings of Facts and Conclusions of Law
and Decision of Order.
Nary: Second.
Meridian City Council
October 14, 2003
Page 25 of 45
Corrie: Okay. It's been moved and seconded to approve AZ 03-019. Mr. Clerk, roll
call.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 16<
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: Before I make a motion, I -- Anna, what's the date on the Preliminary Plat?
Powell: I have August 21st, 2003.
Bird: Okay. August 21st, 2003. Thank you very much, Anna. With that, Madam
President, I would move that we approve PP 03-023, the Preliminary Plat approval of 74
building lots and ten other lots on 15.68 acres in a proposed R-8 zone for proposed
Highgate Subdivision by Harris Homes, LLC, 2700 North Meridian Road and
incorporate staff, Planning and Zoning, and applicant testimony and for the attorney to
draw up Findings of Facts and Conclusions of Law and Decision of Order.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve PP 03-023. Mr. Clerk, roll
call.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 17, CUP 03-039.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I would move that we approve CUP 03-039, request for a Conditional Use Permit
for single family residential planned development with a mix of attached and detached
housing in a proposed R-8 zone for the proposed Highgate Subdivision by Harris
Homes, LLC, 2700 North Meridian Road and to incorporate staff, Planning and Zoning,
and applicant comments and for the attorney to draw up Findings of Facts and
Conclusions of Law and Decision of Order.
Meridian City Council
October 14, 2003
Page 26 of 45
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve CUP 03-039. Mr. Clerk,
will you call roll.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Item 18:
Public Hearing: AZ 03-018 Request for Annexation and Zoning of
43.86 +1- acres from RT to C-G zones for Kissler 1 Cobbs 1 Eaqy 1 Ruwe
by BRS Architects - southwest corner and southeast corner of North
Eagle Road and East Ustick Road:
De Weerd: Okay. Item 18, Public Hearing on AZ 03-018, request for Annexation and
Zoning of 43.86 +1- acres from RT to C-G zones for Kissler 1 Cobbs 1 Eagy IRuwe by
BRS Architects, the southwest corner and southeast corner of North Eagle Road and
East Ustick Road. We will open with staff comments.
Powell: Madam Chairman, Members of the Council -- Madam President, Members of
the Council. I'll get this right one of these days. I'm sorry. This is an application. ]t's a
straight annexation application with no development agreement attached to it. There
are four properties represented as read off. Kissler owns this property to the east.
Cobbs, Eagy and Ruwe all own property in this area here. Where to begin? Bill Strite
represented all four applicants. I believe tonight there is a different representative for
the Kissler property, just for your information. The Commission's discussion focused on
whether a master concept plan would be required for these properties here and it was a
rather lengthy discussion. Staff's intent in requiring that master concept plan was that
because of the nature of the properties, if one of them developed, it could significantly
affect access possibilities and coordinated circulation between the properties. The
ultimate recommendation of the planning commission was to go ahead and keep the
requirement for the concept plan for those properties. We did not -- staff did not
originally ask for a concept plan on the Kissler property and the planning commission
kept it that way. There were several of the neighboring residents of Carol Subdivision
did come and testify in opposition to the proposed project and mainly they were
opposed to the straight C-G zoning, they wanted to see some transitional uses and
without the master -- the concept plan there was no guarantee of whether those uses
would be there. Persons testifying included Mr. Thurston, Mrs. Roto, Mr. Grant, Mrs.
Ruwe, who was one of the applicants and Mr. Eagy, again, one of the applicants. They
were, obviously, testifying in favor of it and they did -- they were opposed to the concept
plan aspect. There were no key changes to the staff recommendations. It did pretty
much go forward. The outstanding issues, BRS did sent a letter on October 8th, which
proposes to remove the development agreement requirement for a conceptual master
plan on the six parcels, again, on the west side of Eagle Road there. Staff still states
that that's absolutely critical as part of this application. Did you want to also discuss
Meridian City Council
October 14, 2003
Page 27 of 45
what we recommended for the Development Agreement? We did take all the
Comprehensive Plan policies associated with the mixed use regional Comprehensive
Plan designation and we lifted those and did request that they be put in the
Development Agreement. The real -- and it's becoming more of a concern, since this
application came through, is we now have requests on every single corner. You know,
there is -- they have either come to us with a pre-app a couple different times or they
are in the loop about this piece of property will come to you -- it's in the -- it's in the
process of going to Planning and Zoning Commission, to also come in for just an
annexation and no -- Annexation and Zoning, no Development Agreement, so we have
this major intersection of Ustick and Eagle where all the property owners are now
requesting C-G zoning and the Comprehensive Plan designation was for mixed use, it
was not for straight commercial. If we get the C-G zoning, if they do a planned
development, then, a portion of that property could go mixed use, but we are really
losing the flexibility. We tried, through the Development Agreement on this applicant --
application to come up with some way of catching those, but the concern is that once
they have the zoning, if it came to you and you were to deny something that complies
strictly with the C-G zoning, that we may not be able win that argument. Excuse me,
Mr. Nichols, for getting into your territory. I got a w ink from him. There could be a
concern over there. So, we do have a Jot of concerns about that. I guess I'll leave that
as the end of the staff presentation.
De Weerd: Okay. Any questions for staff? Okay. This is a Public Hearing. Is the
applicant here? Would you like to provide testimony? It's your tUrn. Excuse me. Is the
testimony you provide tonight the truth, the whole truth, and nothing but the truth, so
help you God?
Terry: Hope to.
De Weerd: Okay. Thank you. Please state your name and address.
Terry: My name is Tim Terry with BRS Architects and my address is 1010 South
Allante, Boise, Idaho. I'm representing the applicant and we have had quite a round
about with this particular application and the issues that are before you are instrumental
in a lot of different ways. We have polled several of the neighborhood groups and have
addressed some of the concerns that J think are fairly tantamount to you, as well as the
staff and concerns with this are the controls within the project, the controls of how we
look at the reviews and what kind of impacts this will place on the neighborhoods. We
feel that the controls that we would like to see are placed pretty well and adapt to the
conditional use process. I think that the concerns that I have been hearing and seeing
are that -- we look at this as something that is wide open in terms of development and
things that can be considered used and I think that the conditional use process prevents
that from happening by the core issue of review that it gets. We did send a letter to the
neighborhood in addition to the staff in addressing concerns, so it became obvious to
them that there is control within this process, the conditional use process, regardless of
what does take place, the conceptual plan, I think, that is a very difficult issue to face at
this time and I think, as you will hear in previous testimony, and in future testimony, that
Meridian City Council
October 14, 2003
Page 28 of 45
the number of conceptual plans can be anywhere from 20 to 30 to 40 to 50 different
uses. I have gone through one now that's approximately 25 different conceptual plans
and it's very difficult until you get a reality based type of situation and when you get to
those realities, it's a little easier to deal with and that's where the conditional use
process takes -- takes precedence. I think we can look at that in terms of being able to
have something that's real, something that has some substance to it, rather than a
conceptual use look. I think that in terms of where we are going with this, we'd like to
see, as addressed in the letter, several of the conditions waived. We'd like to see
condition number one and two, as we stated in the letter from Bill Strite on 10/8/03, we'd
like to see all future uses within the boundaries of this annexation only be approved in
the conditional use process, excuse me, and we'd also like to see the conditional use
process or a Conditional Use Permit, that it shall include the uses as required by the
Meridian zoning ordinance. We do feel fairly strongly in regards to the concept plan.
We'd like to state that categorically now at this time. I'm up here for any further
questions or issues you may have.
De Weerd: Council, any questions?
Bird: I have none at this time.
De Weerd: Okay. Not at this time. Thank you.
Terry: Thank you.
De Weerd: Okay. Eric Davis.
Davis: Madam President, Members of the Council, Eric Davis.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Davis: I swear.
De Weerd: Thank you. Please state your name and address.
Davis: Eric Davis. 602 Sandstone Court, Boise. I joined Jim Kissler's team about 60
days ago after this process had started and he came to me with the idea of a shopping
center and wanted to help with some concepts a nd, you know, just 0 ptions a nd talk
things through and started to get nibbles from retailers and wanted to be in a position to
respond to them when they started to ask about the rules and what the site had and
didn't have and develop the process. So, I'm falling into the fold and all the while hoping
that we can prevail with Annexation and Zoning, so we have got something to offer the
marketplace. They are some -- you know, part and parcel to our market plan and to
make the connectivity under the proposal, we had to go across the street and BRS has
organized and talked to the neighbors and things have changed a little bit since then,
partially due to Carol Subdivision got annexed and some of the rules are different now.
Meridian City Council
October 14, 2003
Page 29 of 45
In any event, when it came to us if this didn't go through, it would be probably another
four to six months delay, more public hearings, to really get us back to the same point
we are today and, you know, we have done the best we can with the neighbors over
across the street and sympathize with their inability to come up with a concrete plan at
this point in time. But what I can offer you is that, you know, I truly believe that on our
side, Kissler's side, and the other piece that's going to soon be a part of it, you know, we
'are ready to put a team together and work with staff and the Comp Plan and the zoning
ordinance and do a bang up job of it, if we can get out of the starting gate here. I don't
want to get into too many of the details, because I don't know them all, but just to
answer questions and I suppose if you have some questions later, if there are anymore
-- and I know there are some of the neighbors that want to talk, so -- if I haven't missed
anything, that will be it. Any questions for me? Thank you.
De Weerd: Thank you. Okay. Yes. Come on up. Do you swear the testimony you
provide tonight is the truth, the whole truth, and nothing but the truth, so help you?
Ruwe: Yes.
De Weerd: So help you God.
Ruwe: Okay. That, too.
De Weerd: Thank you.
Ruwe: Janet Ruwe, R-u-w-e, 2935 North Eagle Road. I am the parcel -- the furthest
down on the map. That one right there and that little box is my home right now, which is
in the wrong place. I'm living right on Eagle Road and 30 years ago that was a
residential neighborhood and a farm community type place, and now it's totally changed
and coming from a homeowner point of view, I, actually, have had somebody interested
in my property, but because it was not zoned went out of state, so something that would
have been a real good use I felt a nd I think you would have approved it, too. But,
anyway, I have been in a very similar situation to this 30 years ago when the farmers
were selling the property that is now Carol Subdivision, came to us with the same kind
of concerns and we were not bothered by the fact that they wanted to change from a
farming community right there, to one acre parcels. I feel they have been good
neighbors and have not been a problem. There were two people at that time who were
farmers and homeowners like we were, who objected to that and since that time that
has now turned into Packard Estates and the one is the Sue and Tom Davis property,
which is now going into residential homes. But I'm still there, but times have changed
and I really do need for you to find your way to approve this different kind of zoning and
annexation. I went along with the Kissler project, because I thought it was an avenue
for all of us to get together to do the same thing at one time, but if this does not go
through, I'm going to have to come back to you as an individual owner. The property to
the top of me there -- I'm not sure -- I guess that would be north of me. The Eagy
property. He is not going to sell or develop, but he went along with this and I do, too,
because we thought it was a good time to, you know, get on the same page, have us all
Meridian City Council
October 14, 2003
Page 30 of 45
zoned and annexed. I do plan to sell my property and having it zoned the way I think it
needs to be zoned is an asset to me. The way it is now it's residential, it's not going to
sell as residential. It's not a place where some -- you live on a five lane highway right
now. So, anyway, I think -- in fact, the reason we are doing this this way and saying
that we realize that we do need the CUP or the Conditional Use Permit way to go is
because we do realize that the Carol Subdivision, they are there and through the CUP
or however you call it, process, they do get a say in anything that's happening there.
The other corners, as they mentioned, I know they have been on line for getting, you
know, in this same process. Those are big hunks of property, where mine is just a ten
acre property and so it's really hard for me and the other party owners right on our
corner there, to go together with one master plan, because we are not all -- it's not going
to be developed by one person, Greg is not selling, I am, it's going to be -- I think that's
almost an impossibility in the situation saying that we have to have a master plan right
there, I don't see how that's really possible. That would make it that I couldn't sell my
property. So, I'd ask you to look at this with an open mind and I have been a Meridian
resident for many many years and I plan to say here and I just really want what's best
for our community, too and living on Eagle Road we have seen the changes that have
been made. They have all been good. The traffic is moving faster. They have torn
down a lot of things that really shouldn't be there and I think it's a nice gateway into
Meridian and I think with the CUP plan and your approval and the neighbors approval, I
think things will turn out okay. So, thank you for your time.
De W eerd: Thank you. Any questions?
Bird: I have none.
De Weerd: Okay. Okay. Is there any other testimony in favor of this application? Do
you swear the testimony you provide tonight is the truth, the whole truth, and nothing
but the truth, so help you God?
Orton: Yes.
De Weerd: Please state your name and address.
Orton: M y name is Richard 0 rton, I'm at 460 East L inkershim here in Meridian. I'm
representing Greg Eagy tonight. Mr. Eagy asked me to give some testimony in favor of
the annexation, in favor of the most recent letter from BRS Architects, the conditions
identified in there and specifically ask that you waive the requirement to do a concept
plan. Mr. Eagy, as the other proponents of this annexation have already pointed out,
believe that the Conditional Use Permit process is the appropriate control and oversight
for this development, that and market forces, of course, are the appropriate control for
this development in any effort to try to develop a believable, honest concept plan at this
time clearly is -- that opportunity isn't here yet. You can tell by the testimony of the
people around us that they haven't thought about it enough to do that. That concludes
my testimony. If you have any questions I would be glad to answer them.
Meridian City Council
October 14, 2003
Page 31 of 45
De Weerd: Thank you. Any questions? Okay. Thank you, Mr. Orton.
Orton: Thank you.
De Weerd: Okay. Is there anyone else who would like to testify in favor for this
application? Okay. We would entertain public comments against for those opposed. Is
the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so
help you God?
Thurston: Yes, it is.
De Weerd: Thank you. Please state your name and address.
Thurston: My name is David Thurston. I live at 1470 Leslie Way. This is my property
right here. Right there on the corner. I'm one of the people who signed the roll that said
that I'm opposed. I want to state that I'm not opposed to the Annexation and the Zoning
of this property. I believe that all the property owners should have opportunity to
develop or sell their individual properties, but the existing residential property owners
must also have assurance that their interests are also addressed and protected. I
support the Planning and Zoning staff recommendation that the property be annexed
and C-G zoning, provided there is a development agreement between the four property
owners and the City of Meridian prior to approval of the annex ordinance. This was
stated very clearly in the Planning and Zoning meeting that we all attended and I think
that's still very much applicable. I also support the idea that all future development and
future uses within the 43.86 acres be approved through the Conditional Use Permit
process. This process will require all planned development be presented to the
Planning and Zoning Commission and approved by the City Council. I think that is a --
definitely an essential part of the overall plan. With all the varied interest in this
property, with the current property owners and the residential property owners, I think --
I believe it is essential that there be a conceptual master plan, so that we have -- so we
have an idea of the issues associated with the development will be addressed properly.
The plan should demonstrate and address interconnectivity, transitional uses, which the
property owners are very much interested in, the access points and other land issues
that were brought up in the Planning and Zoning report. This type of a master plan will
allow a planned development approach and avoid a helter-skelter development process.
Planning is essential with four property owners with different plans for their property, as
you have heard. I believe that the traditional uses should address and maintain the
integrity of the low density residents or properties located on the western boundary. I
suggest that the development plan include such things a s a professional office park,
maybe even a high tech business park, would be a good recommendation for that use,
similar to the Carol Professional Park, which is located south on Eagle Road. As we --
as you look at the property to the south of this planned annexation, there is some
property right here, right now that property has no access. I believe that once this
question of Annexation and Zoning is resolved, that it needs to take into consideration
that property, because this will probably be the model f or that property in the future
there will be additional property owners who will be very much interested in the
Meridian City Council
October 14< 2003
Page 32 of 45
transitional uses of that property once it's allowed to be developed. So, that's alii have.
Thank you for this opportunity.
De Weerd: Thank you, Mr. Thurston. Any questions? Okay. Is there anyone else who
would like to provide testimony? Is the testimony you provide tonight the truth, the
whole truth, and nothing but the truth, so help you God?
Grant: It is.
De Weerd: Thank you. Please state your name and address.
Grant: My name is Steve Grant I live at 1534 Leslie Way. It's the third lot south of
Ustick there on the east side of Leslie Way. Right there. I also would like to make sure
that the Council understands that I'm not opposed to any commercial development here,
I'm just - - Mr. Thurston h as outlined that we want to see a plan. T he Planning and
Zoning Commission made that recommendation and I think it still ought to be carried
forvvard. I have concerns. We wouldn't want to see -- the access points for that piece of
property are those six parcels, has not been defined and one of the things I would not
like to see is an access road along my -- the east side or the back lot line of my
property. I wouldn't want to see -- I would want to see the proper transitional
development occur, as Mr. Thurston has outlined, and not see something that was
improper go in there, so that it would enhance the value of everybody's property, not
just ours. I think there ought to be the proper barriers from the commercial development
versus the residential area, which I'm sure we can incorporate it, but it's still a concern
and I'm afraid that if this application is approved without a developmental plan, that rt's
kind of like the train that leaves the station, it's a lot harder to stop that locomotive and
head it in the right direction if somebody -- if there isn't a plan to kind of control that. I
think that the lack of agreement among the applicants regarding the development plan
suggests this property isn't going to be developed as one piece. It's not a large piece of
property and I'm not a developer, but I think there is some severe restrictions that would
be imposed and the fact that Mr. Eagy has said through his representative that the
middle piece of property is not going to be sold and will probably be developed
differently, suggests the need for a master plan. Perhaps to convey what -- for what
they have testified. I'd almost take the opposite view of them, that there ought to be a
development that's been recommended, so I think my recommendation is that I hope
that we would insist on this master plan or this development plan that doesn't have to be
specific, but there is certain things that ought to be incorporated and in terms of access
and other items, that I would recommend that you deny this until such time as that plan
is forth coming. That's alii have got.
De Weerd: Thank you, Mr. Grant Any questions? Thank you. Anyone else? Okay.
Is Betty Russell --
Russell: I agree with everything that been --
De Weerd: Doris Martin?
Meridian City Council
October 14, 2003
Page 33 of 45
Martin: I agree.
De Weerd: Russell Martin?
R. Martin: Yes.
De Weerd: Would you like to provide testimony? Okay.
Powell: Madam President, if you could read off the names that you just said that agreed
that --
De Weerd: Okay. For the record, there is agreement to the testimony that has been
provided by Betty Russell, Doris Martin, and Russell Martin. Thank you.
Nichols: Madam President?
De Weerd: Mr. Nichols.
Nichols: Madam President, were those individuals listed as being opposed to this
development?
De Weerd: They were. Yes.
Bird: So, they would be agreeing with the testimony in opposition and not with all the
testimony?
De Weerd: Yes. With the testimony of Mr. Thurston and Mr. Grant. Okay.
Powell: May I make one final comment, just so that the applicant has an opportunity to
rebut. Mr. Terry did testify that he had a shopping center ready to go and I'm afraid that
that's the perception that once that C-G zone goes in that it would be suitable to just do
a shopping center on that property and I think that the mixed use regional did not have
that kind of use in mind. My understanding of the Comp Plan would be that if just a
shopping center were desired there, it would have been designated as straight
commercial. So, again, it just kind 0 f highlights the concerns that staff has about a
straight C-G zoning of the property.
De Weerd: Anna, I guess I would have a question for you. We discussed property to
the north of that and they did bring in a conceptual, so we could look at some of the
egress and ingress into that property.
Powell: This property?
De Weerd: No. I believe -- yeah. That property. On the Moore property and I guess
we have always kind of looked for the -- and I understand that the applicant need to be
Meridian City Council
October 14, 2003
Page 34 of 45
able to market and be able to respond to the market, but with it surrounded by a
residential -- or with residential to the west of the property line, it does underscore a
philosophy that we have been operating on and that we like to see a conceptual plan
how they will deal with transitioning, buffering, and the appropriate uses and I guess
from the testimony we have heard, those are pretty much the reason why. My question
to you is we did require that or we did receive a conceptual on the Winston Moore
property; is that correct?
Powell: They -- at one pre-app they showed us a concept, but they have agreed that
that is not what they intend to do. The last meeting we had with them it was rather
amusing, they brought in a 24-by-35 plat and the site was outlined for the boundary with
absolutely nothing on it, labeled conceptual plan, so it was, I think, kind of a true
expression of their idea for development of the property at this time. They just don't
know. So, although they had one in the past, I think right now they really don't know
what they want there.
De Weerd: Council? Okay. Would the applicant like to respond to the testimony?
Davis: Thank you, Madam President, Members of the Council. Eric Davis, 602
Sandstone. It's all very well taken. I mean it's a definite chicken or the egg situation
here and we will have all of these piled up and I would like to think that we can at least
tell a retailer that, yes, we have land that's in Meridian and it's zoned commercial,
because I think it allows your use and, by the way, it's not just open territory here, we
have a public process we go through, we have a Comp Plan that's in place that talks
about transitional uses and all the kind of things that have to be a good neighbor and we
don't want to sidestep that process. That's not what this is all about, so -- you know, we
will talk about access, we have talked about a development agreement and we will sign
a development agreement that has conditions in it that bring us back through the public
process when the time is right. It might be this year, it might be five years. We have
access control through ACHD and ITD and those can get pretty hairy in the conditions
and you have seen a project with -- you know, say you can have your access, property
owner A, but you have got to allow property owner B to use that and that's a condition
and, you know, they -- that's been pretty effective in other places in Boise that I have
worked and the transitional use concept that I think the language that BRS would put in
talks about submitting ourselves to that, you know, what is a transitional use or buffer of
some type. So, trying to, you know, armor plate the proposal or at least this is the best
we can give of what we know today. So, I -- again, I think I can answer all of the
questions that came up, with the exception of the concept plan that can be a number of
things, just left up to your imagination at this point. It will be market driven and we will
work everything we can to make that market driven demand meet the chase -- the
challenge -- the criteria of the city and we will come before you with a plan when that
day comes. Anyway, any questions? Concerns? Thank you.
De Weerd: Okay. Council?
Bird: Madam President?
Meridian City Council
October 14, 2003
Page 35 of 45
De Weerd: Mr. Bird.
Bird: As I understand, the applicant has no problems with a development agreement
with stipulations in it. I think that's a very typical situation and I don't believe it's -- in the
six years I have been on here that I have seen before had so many different owners
make application, joint application, and, you know, this application is actually split by a
major road. So, I believe, like Mr. Thurston and Mr. Grant says, they are not against it,
but I do believe that we need to have the stipulation and a development agreement that
as bad as I hate CUP's, they are going to have to come back with CUP's for this kind of
development and I understand where they are coming from, they need to have zoning
and stuff out there if they were to market this ground and I do understand that and those
corners are very good retail commercial corners, so -- but as long as they are agreeable
to a development agreement with some stipulation in it, I could support it.
De Weerd: Mr. Nary.
Nary: Madam President, I guess I'm a little like Mr. Bird, I'm a little torn here. I guess
what concerns me here is when I look up and down Eagle Road, this corner is really all
that's left of Eagle Road for any type of real significant commercial development and as
Mr. Bird stated, I mean I think it's a fairly odd and unique situation we have here where
we have so many owners that have banded together, but, basically, only for the purpose
of annexation. I know that we are -- as Mr. Davis stated, we are always in this chicken
and the egg. I mean we generally want to see the concepts, sometimes those concepts
are very fluid and Silverstone we had a good example, we had a very fluid concept plan
and those buildings moved around pretty freely on that property, but it was always a
professional office park. The buildings might have moved, but we kind of knew what it
was and I guess that's the difficulty for me in this one, is I have no idea what you want to
do. To me, the marketing plan you have is that map right there. That future land use
map is your marketing plan. That's what we said we would agree to as to what the
zones would be. So, I guess -- I'm not a developer and wouldn't pretend to know all the
nuances that you have to go through, but that's, to me, what the city has made a
commitment to, to turn this property into at some point in the future. What we ask in
return -- or have in the past is give us a pretty good idea of what that is and all I have
heard tonight in annexation - - I guess tom e what t he applicant is a sking and it just
happens to have four applicants, rather than one, but the applicant is asking to become
part of our city and what we have generally said is tell us what you're going to do with it
before we agree to it. At least give us something to look at fairly strongly as to what it's
going to be. We know the buildings might change. We know that footprints might
move, we know that access points have to be decided and we know all that stuff, but we
kind of have some idea that it's a store or it's offices or it's both or it's apartments or it's
something and I don't have that and that's what -- that's what makes it very hard for me
to say it's fine, it is our gateway and I know that term gets used a lot, but if you're
coming from the north to the south, that's our gateway on both sides of the road. It
starts right here, because this is in the city and this is in the city and I believe that's in
the City of Boise. So, the City of Meridian starts right here and the rest of Eagle Road
Meridian City Council
October 14, 2003
Page 36 of 45
we don't have anything left. I don't know -- I couldn't tell you today if a shopping center
is the best thing for that corner. We have had a lot of discussions about those types of
uses on the corners and the access points and lights and all of those other things -- I
couldn't tell you today, but if you listen to what the applicant says, they don't have --
they don't even agree to do this as one unit. What I heard was this middle piece may be
completely different than these other pieces. Again, I have a hard time being convinced
that right now the best interest of the city is to annex that property now with no concept
of what it will be. We did give you the ability to market it and now we have asked you to
tell us what it's going to be before we agree to it and I just didn't hear that and so I
guess I'm not convinced yet that this is the best thing in the interest of the city to annex
this property today.
De Weerd: A ny 0 ther questions, comments from Council? Do you want a response
from the applicant or --
Nary: The Public Hearing is still open.
De Weerd: Does the applicant want to comment?
Ruwe: Janet Ruwe, 2935 North Eagle Road. When you said look at the map before,
do you mean this map down here? Okay. So, in the Comprehensive Plan are we
mixed use regional? It was my understanding that mixed use regional really meant you
didn't need a Conditional Use Permit? Is that right? Okay. But, anyway, we are
agreeing to that and mainly because of Carol Subdivision, so that anything that we --
you know, that comes fOlWard involves the neighbors, involves the City Council,
involves Planning and Zoning, involves everything. Okay, and then, my other question
is, okay, let's say -- okay, what do I do as a homeowner who wants to sell the
property? I can't sell my property as mixed use regional unless I get the agreement of
everybody around me to do the same thing -- I mean, you know, they have the same
plans -- or in the same plan. I think that's really kind of tough. I mean I can see if it's
one big parcel with probably one owner, but when there is several owners that maybe
all don't want to develop right now or want to sell right now, I'm just not sure where I go
with that kind of thing or, you know, what would happen and the reason I really went in
with this Annexation and Zoning is because I thought why not all do it together, it just
seemed like an easier process, rather than me going to ask for this and them going --
you know, all these different -- I mean I can understand it was complicated, but, yet, I
don't really know where the rights are or where they end or whatever, so thank you.
De Weerd: Well, you know, I understand your concern, but what I don't see in front of
us is that this group annexation without any conceptual plan, gains anything. You would
still have to -- whether you do this or go any other way, it doesn't gain anything. You
still, from the testimony we are hearing, you still are working with -- if the property to the
north of you doesn't want to do anything at this point and our process -- and one of the
policies or the philosophies that we have been sticking to is we want those conceptual
plans, in particular when it does border a residential, to have certain assurances, and I
understand the willingness to do the Conditional Use Permit, but that doesn't save
Meridian City Council
October 14, 2003
Page 37 of 45
anything here either. Whether you get annexed right now and, then, come back for the
conditional use or do it all at the same time with the regional mixed used, come in with
your annexation request and a plan, it takes all the same amount of time that you're
allowing the testimony and the piece of mind for the residential to know what's being out
-- what's being proposed and that's why probably we are struggling up here, we like to
see a larger plan and really appreciate the fact that you have had a group of property
owners come together for that reason, but we don't see a plan. So, there is no
advantage to looking and considering this at this point.
Ruwe: In other words, if a person comes in individually, how do you treat it? That you
have to have the people -- property owners on either side of you, what do they have to
do, just come and testify that they agree with it or don't agree with it?
De Weerd: If you came in with your piece of property with annexation request and a
plan, certainly they would be notified and would have an opportunity to testify to the
proposed plan.
Ruwe: So, then, the idea of a plan development -- can we call it group plan isn't in the
picture anymore. A planned development I guess you would say is not in the picture
anymore, it's just a compatibility with the neighbors that live on either side, if they
agree --
De Weerd: It would be a piece by piece.
Ruwe: Then piece by piece.
De Weerd: So, we like the concept of everyone coming as a group, but the advantage
to that is an overall plan that we can see the whole piece, instead of piece by piece, but
we are not seeing that in this case. Do you understand?
Ruwe: No. I understand it and I think it's coming at it another way, because we are
different. I mean different property owners, who are not in one plan, I guess. I mean
we are not all going to -- we are not going to sell to the same buyer, probably.
Nary: And I don't know if this explains it any better, but, you're right, if you came in and
asked for -- to be annexed just for your piece alone and every other one of those
property owners did the exact same thing, would we annex you? I don't know. We
might, but we might not. I mean but you --
Ruwe: But, then, you would be totally looking at us as individuals, not as a group.
Nary: Right, and as Councilmember de Weerd said, that's not our preference, but you
haven't been a whole lot different by banding together. Our preference is -- is a group
application or one application and a bunch of property together in one concept plan for a
large piece of property, some general idea of what's going to be there. That would be
our preference. Our least favorite preference is to have every individual come and
Meridian City Council
October 14, 2003
Page 38 of 45
request it, because, again, you have piecemeal development and that's not favored
either. But you haven't given us either one of those. I mean what you have done is
banded together to give us piecemeal development and you haven't done anything to
assure us it isn't going to be piecemeal development, so since that's our least favorite
one, just by you banding together, you didn't save anything, you didn't benefit anything
from the city's perspective to me, because all you have done is really just -- you know,
still is just piecemeal development, it just happens to be four of you all at once. But it
didn't benefit us -- or at least to me doesn't benefit the city better just because you're
together. The only benefit to being together, as Councilmember de Weerd was saying,
was to have a concept plan, to have something that the group wants to accomplish and
that's what we are not seeing.
Ruwe: Okay. Thank you.
Nary: Does that help?
Ruwe: No. It does. It's still a little bit of a gray area and I think it's a gray area for you,
too. I mean this whole thing is kind of interesting. I think it's an interesting situation how
we have to be a whole corner there, but yet it's six different parcels or five across, but
four different owners. Yeah. Okay.
De Weerd: Thank you. Okay. Council?
Powell: Madam President?
De Weerd: Anna?
Powell: Could I just point out in the staff report, Mr. Hawkins-Clark did point out that the
two kind of discussion points and findings that were critical to this were finding A and
finding J. Finding A is that will the zoning be harmonious with and in accordance with
the Comprehensive Plan and finding J is, is the proposed zoning amendment in the best
interest of the City of Meridian. So, as you're making your motion you might want that
information.
De Weerd: Okay. The Public Hearing is still open. Council, do you wish to close it or
do you need more information?
Nary: Madam President, I guess before we close the Public Hearing, I don't know -- I
mean we have had a lot of discussion -- I don't know if the developers want some
opportunity to see if there is some way to get closer to where they want. I don't know. I
mean maybe they want us to make a decision and move on, but--
De Weerd: Want to continue this?
Meridian City Council
October 14, 2003
Page 39 of 45
Nary: Right. If they think there is some opportunity to have some conversation with
those property owners or they think there is a way that -- to deal with this, I don't know.
I just wanted that opportunity to respond, so --
Davis: Could I have a chance to talk to Mr. Eagy's representative?
De Weerd: Council, we could recess for five or ten minutes.
Nary: Sure.
De Weerd: Okay. I would go ahead and entertain a motion to recess or I will just
recess for ten minutes. We will be back at ten after 9:00.
(Recess. )
De Weerd: Okay. I will go ahead and call the meeting back to order. Is the applicant --
thank you. You need to state your name.
Terry: My name is Tim Terry, BRS Architects. Madam President, Members of the
Council, we appreciate the recess and we have had a chance to discuss the issues and
at this time we'd like to request a delay for two weeks.
De Weerd: Okay. Continue that until the 28th?
Terry: Yes.
De Weerd: Okay. Thank you.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: Hearing that from the applicant, I would move that we continue Public Hearing AZ
03-018, request for Annexation and Zoning of 43.86 +1- acres from RT to C-G zones for
Kisslerl Cobbs 1 Eagy 1 Ruwe by BRS Architects until October 28th, 2003.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to continue Public Hearing Item
number 18 to October 28, 2003< All those in favor say aye. Okay. All ayes. Motion
carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
October 14, 2003
Page 40 of 45
Item 19:
Public Hearing: AZ 03-020 Request for Annexation and Zoning of 1.13
acres from R-6 to L-O zones for proposed Office Jet Subdivision by
Wardle and Associates - 1975 North Locust Grove Road:
Item 20:
Public Hearing: PFP 03~003 Request for Preliminary 1 Final Plat
approval of 4 building lots on 1.13 acres in a proposed L-O zone for
proposed Office Jet Subdivision by Wardle and Associates - 1975 North
Locust Grove Road:
De Weerd: Okay. I'll go ahead and open up 19 and 20, if there are no objections.
Public Hearing AZ 03-020, request for Annexation and Zoning of 1.13 acres from R-6 to
L-Q zones for proposed Office Jet Subdivision and Public Hearing PFP 03-003, request
for preliminary and final plat approval of four building lots on 1.13 acres in a proposed L-
o zone for Office Jet Subdivision by Wardle and Associates and start with staff
comments.
Powell: Madam President, Members of the Council, first of all, I'd like to see if the
applicant wants to continue this, just because I'm sure that we have broken some record
for continuation of items on one single agenda.
De Weerd: The applicant says no.
Powell: Okay. Moving on, then, this is a request for annexation -- or, I'm sorry, it's
already annexed to -- a rezone to L-O. No. It is Annexation and Zoning to L-O. The
Doris Subdivision was platted within Ada County. This is a lot within that subdivision.
The applicant is proposing a four lot plat. I believe you can see it here that it actually
takes access from Wildwood Court and into the property with a simple plus design with
four lots and four buildings, arranged in a symmetrical entrance. The site does currently
have a house on it. That would be removed. There is also a significant tree stand in
the back of the property. The applicant has indicated that they will try to keep as many
of those as possible. The applicant has secured a cross-access agreement with the
homeowners association that owns the lot in Westwood Subdivision, also known as
Locust Grove Subdivision, so that they can gain access from that Wildwood Court. The
four office lots range from about -- would have a total of 10,540 square feet of new light
office uses. The lots range in size from about 2,200 square feet to about 8,700 square
feet. The applicant is asking for a combined preliminary and final plat approval. The
only real issue associated with this was in regard to the Comprehensive Plan
designation and that was really the only issue discussed at Planning and Zoning and it's
still before you, it's just that it's a new interpretation. I'll go through that with you. The
Comprehensive Plan for this property does show it as very low density residential.
There is, however, office shown here. There are statements in the Comprehensive Plan
about the kind of fluid nature of those lines, that they are not intended to be hard and
fast lines. We do have an adjoining property that does have the office designation, so
when the applicant first came and talked to me, I said that I would be willing to kind of
push that line over to this property under the condition that the applicant do a lot of work
with the neighborhood association and -- or the neighbors and they have done that and
Meridian City Council
October 14, 2003
Page 41 of 45
they -- that was key to having staff's recommendation for approval on this project. I
think they have done a real good job of working with their neighbors and meeting their
concerns and so it does come forward from Planning and Zoning with a
recommendation for approval and I made it clear at the Planning and Zoning
Commission hearing and I do want to make it clear here that I don't take this push
lightly, that we did consider it and wanted to make sure that the neighbors were well
informed and their needs were well met by the application.
De Weerd: Thank you, Anna. Any questions, Council? Okay. Applicant? Is the
testimony you provide tonight the truth, the whole truth, and nothing but the truth, so
help you God?
Wardle: Yes.
De Weerd: Thank you. Please state your name and address.
Wardle: For the record, my name is Jon Wardle. My address is 3940 East Mill Station
in Boise. I'm glad to be here with you this evening. Appreciate the overview that Anna
gave this evening. Just to give you a little bit of background on the process we have
gone through. Looking at the project, there is L-Q right here and we felt that since there
was an existing road that made the most sense to bring our access directly out to
WilJowbrook Road, instead of going straight out to Locust Grove and create a conflict
there. In order to do that, though, there was a right of way -- actually, a common strip
there along the Westwood Subdivision, so we held a neighborhood meeting with that
homeowners association and talked specifically about the access needs that we had
and got the majority of them to sign off agreeing to let us access across their common
strip directly to that road, as well as utility. We also, as Anna indicated, we are part of
the platted Doris Subdivision, which was platted in the county. We are subject to their
CC&R's. So, we went door to door gaining signatures to opt out of their of CC&R's and
their association. We told them specifically what we were doing with the limited office
and we got the signatures that we needed to amend the CC&R's and not be a part of
that anymore. We also sent out a notice to have a neighborhood meeting for the rest,
everybody else that was impacted, and so we really tried to go above and beyond, other
than just show up for a public hearing and saying this is what we are trying to do. It is a
four lot office subdivision. Buildings will range I think from 2,200 square feet to 3,500,
3,600 square feet. All the access will be internal. We will have a cross-access
agreement amongst all the properties, so they will share parking, as well as ingress and
egress to Willowbrook Court. Anna, if you can go to the landscape plan. Anna did
indicate correctly that there is a grove of trees that's right here and you see that there is
one building that takes a good portion of those. We have been working with the
neighbor directly to the west. You can t ell that there a re trees that show up 0 n his
property and we have been working with him to move those trees directly onto his
property. We are also working with both neighbors on fencing and just making sure that
we are being a good neighbor. If you look at the overall plan, seeing the overall zoning
that exists there, limited office to the north, commercial straight -- right across the street
from us, it, actually, creates a nice little neighborhood service core right there at that
Meridian City Council
October 14, 2003
Page 42 of 45
location. They are not high impact use, but they, generally would be services or uses
that would direct -- relate directly to neighborhood small offices. Currently in the office
to the north there is just a general office, there is a dentist and I think there is also a
mortgage company. So, it will be something along those lines, nothing intense, but
something that would be a good transitional buffer to those neighbors. We just
respectfully request your approval of both the Annexation and Zoning request, as well
as the preliminary plat and final plat approval and I stand for any questions you might
have.
De Weerd: Okay. Council, any questions?
Nary: Madam President?
De Weerd: Mr. Nary.
Nary: I guess I don't have a question as a comment, but I mean I think you have gone
above and beyond, Mr. Wardle, and I appreciate that. I think that that's going to be a
good addition to that area and think the whole idea and the way you have gone about it
is what we like to see. So, thank you very much.
Wardle: Thank you.
De Weerd: I think it speaks well not having the neighbors here, that you dotted all your
I's and crossed your T's and that's testimony in itself.
Wardle: Obviously, that's not always the case, but in this case we were able to work
with the neighbors and they were comfortable with what we were doing. So, thank you.
De Weerd: Good job. Okay. Is there any other testimony on this application? Okay.
Questions for staff? Okay. I would entertain a motion to close the Public Hearing.
Nary: So moved.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Items
19 and 20. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Discussion?
Bird: Madam President?
De Weerd: Mr. Bird.
Meridian City Council
October 14, 2003
Page 43 of 45
Bird: Hearing no discussion, I would move that we approve AZ 03-020, request for
Annexation and Zoning of 1.13 acres from R-6 to L-O zones for proposed Office Jet
Subdivision by Wardle and Associates, 1975 North Locust Grove Road and to
incorporate staff comments, Planning and Zoning approval, and applicant comments
and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision
of Order.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve AZ 03-020. Mr. Clerk, roll
call.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion?
BIrd: Madam President?
De Weerd: Mr. Bird.
Bird: I would move that we approve PFP 03-003, request for preliminary/final plat
approval of four building lots on 1.13 acres in a proposed L-O zone for the proposed
Office Jet Subdivision by Wardle and Associates, 1975 North Locust Grove Road, to
Incorporate staff, Planning and Zoning, applicant comments and for the attorney to draw
up Findings of Facts and Conclusions of Law and Decision of Order.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve PFP 03-003. Mr. Clerk,
roll call.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Item 21 :
Public Hearing: MI 03-009 Request for modification of condition to
leave the Onweiler Lateral open and construct a 10 foot wide paved multi-
use pathway and place a 5 foot chain link fence along the south bank of
canal for Silhouette Subdivision by Silhouette LLC - east of North
Meridian Road and south of East Ustick Road:
Oe Weerd: Okay. Item 21, Public Hearing MI 03-009, request for modification of
condition to leave the Onweiler Lateral open and construct a ten foot wide paved multi-
Meridian City Council
October 14, 2003
Page 44 of 45
use pathway and place a five foot chain link fence along the south bank of the canal for
Silhouette Subdivision and I will open the Public Hearing with staff comments.
Bird: Madam President -- this is Item 21?
De Weerd; Yes. Thank you.
Bird; I would move we -- you have opened the Public Hearing?
De Weerd: Yes.
Bird: I would move we continue Public Hearing MI 03-009, request for the modification
of c ond ition to I eave the 0 nweiler Lateral 0 pen a nd construct a t en foot wide paved
multi-use pathway by Silhouette Subdivision by Silhouette, LLC, east of north Meridian
Road and south of East Ustick Road to November 25th, 2003.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to continue the Public Hearing on
Item 21 to November 25th, 2003. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. I think that you all received Will's e-mail on Malcolm MacCoy's
services. They are tomorrow. Oh. Thursday. I'm sorry. I'm 0 n Wednesday. 4;00
o'clock Wednesday. Still Thursday. Chief Bowers' father has passed away and his
services will be Friday morning and from what I understand, in the cemetery, but Will
will send details. So -- and I'm sure Will has already done flowers. Thank you. Any
word on Mayor Corrie?
Bird: Cherie, do you have anything?
McCandless: Yes. I saw him Saturday and he's coming along great. Talked to him and
he sounded even better, so --
De Weerd: Great. That's good news. Okay. Is there any further city business?
Okay. I'll entertain a motion to adjourn.
Nary. So moved.
McCandless; Second
De Weerd: Okay. It's been moved and seconded to adjourn the public hearing regular
agenda October 14th at 9:30. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED; ALL AYES
Meridian City Council
October 14, 2003
Page 45 of 45
MEETING ADJOURNED AT 9:30 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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Meridian City Council
October 14, 2003
Page 2 of 45
De Weerd: Uh-huh.
Nary: With all of those changes as noted by you, I'd move to approve the agenda as
published.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve the agenda as amended.
I will go over those amendments one more time, just for everyone's information. Item 3-
A will be tabled until October 21st. 3-D will be pulled to Item five on the regular agenda.
Item seven will be continued for one week to October 21 s1. Item 11 to October 21 sf.
12,13, and 14, as well, to October 21st. It looks like we are going to have a full agenda
already next week and then, Item 21 will be November 25th. All those in favor of the
motion say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 3:
Consent Agenda:
A. Tabled from October 7,2003: Resolution No.
Approving the Memorandum of Understanding with Meridian
Firefighters Local 2311 regarding Wages:
B. Approve minutes of September 23, 2003 City Council Regular
Meeting:
C. Approve minutes of September 23, 2003 Pre~CounciI Meeting:
E. Water Main Easement for LOS Stake Center (McMillan and
Linder):
F. License Agreement with Nampa Meridian Irrigation District for
LOS Stake Center (McMillan and Linder):
G. License Agreement with Nampa Meridian Irrigation District for
the Jackson Drain Pathway through Locust Grove Place
Subdivision:
H. Agreement for Professional Services for Meridian
Development Corporation (MDC) Water Main Upgrades on East
2nd Street and Bower Street - Civil Survey Consultants:
I. October 2003 Addendum to Development Agreement
Correcting the legal description for AZ 00-026 Bear Creek
Subdivision No.6 (fka 1 approved as Kodiak Development):
Meridian City Council
October 14, 2003
Page 3 of 45
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda with the changes of 3~A being tabled
to October 21st, 2003. D, the resolution for Prosecutor / Criminal Legal Services, be
moved to 5-D on the regular agenda and would ask for the Council President and the
Clerk -- to sign and the Clerk to attest on all proper papers and I'd move that we
approve the Consent Agenda.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda as
amended. Mr. Clerk, roll call.
Nary: Madam President, could I ask a question before we do that?
De Weerd: Uh-huh. Mr. Nary.
Nary: Since we moved item seven -- or tabled it to 10/21, is item I on the Consent
Agenda, that appears to relate to the same development, is it okay to approve this or
should we have moved that, too? That's the addendum to the development agreement
regarding the same subdivision phase, so I didn't know --
De Weerd: Mr. Nichols?
Nichols: Madam President, Members of the Council, that's correct. It should be moved.
Nary: Okay.
Bird: I will change my -- if the second --
McCandless: Second agrees.
Bird: I will change to move item I on the Consent Agenda to 10/21/03.
De Weerd: To 10/21/ 03? We were pulling D to Item five.
Bird: But that's got to go along with Item number seven, which is going on the regular --
De Weerd: Okay. Thank you. Mr. Clerk.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
RECEIVED
J
City of Meridian.
City Clerk OfficrE:
WHITE PETERSON
ATTORNEYS AT LAw
KEvIN DINIUS
JU].JE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM. F. GIGRAY, In
T.GuvHALLAM**
JILl.S.HoUNKA
JOHN R KoR.'d.,\NlK *
WlLUAMA MORROW
WilLIAM F. NICHOrs **
CANYON PARKATTHE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMP~IDAHo8368r7901
TEl.. (208) 466-9272
FAX (208) 466-4405
CI-lRISTOPHER S. NY!!
PHIUP A PETERSON
TODDA.ROSSMAN
TERRENCE R. WHITE u*
* Also admitted in CA
** Also admitted in OR
*** Also admitted in WA
January 5, 2004
William G. Berg, Jf.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re:
LICENSE AGREEMENT BETWEEN NAMPA & MERIDIAN
IRRIGATION DISTRICT AND THE CITY OF MERIDIAN TO
CONSTRUCT A PATHWAY ALONG THE JACKSON DRAIN FOR
LOCUST GROVE PLACE SUBDIVISION
FILE NO. FP-03-028
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
LICENSE AGREEMENT for Locust Grove Place Subdivision for construction of a pathway along
the Jackson Drain. This original is for your record keeping, and our office has kept a copy for our
file.
If you have any questions, please give me a call.
Z:\WorklM\M:eridianlMeridian 15360M\Locust Grove Place Subdivision FP 03 028\Clerk LicenseAgrnt Ltr 0105 04.doc
,.
I
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02127/04 09:59 AM
DEPUTY Bonnie Oberbillig
REGORDED-REQUEST OF
Meridian City
AMOUNT ,00
5
11I1111111111111111111111111111111111
104022053
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into thisd.JIday of ~, 2003, by and
between NAMP A & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing
under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the
"District," and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State ofIdaho (hereinafter "City").
party or parties of the second part, hereinafter referred to as the "Licensee,"
W IIN gS.S.gIH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of the
District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999,
records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities;
to enhance the City's pathway planning though early consultation between the City and the District; to estab !ish
a process for the City's submission of pathway requests and the District's consideration of such requests; and
to provide the general conditions for the District's approval and authorization of pathway requests affecting
the District's ditches, property, operations and maintenance; and,
WHEREAS, the ~istrict grants to Licensee the right develop pathways to encroach within the
District's easements along and across the ~istrict's ditches, canals and easements therefor upon the terms and
conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed
crossing and encroachment; and,
WHEREAS, the Licensee is the owner of the real property easement I right of way (burdened with the
easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached
hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District controls the irrigation ditch or canal known as JACKSON DRAIN
(hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to
convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said
described real property ofthe Licensee as shown on Exhibit B attached hereto and by this reference made a part
hereof; and,
LICENSE AGREEMENT - Page 1
WHEREAS, the Licensee desi~es a license to perform construction to pave a pathway within the
District's easement for the Jackson Drain under the terms and conditions of said Master Pathway Agreement
and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree
as follows:
1. Licensee may perform construction involving the paving of the pathway on the west side of
the Jackson Drain, within the District's easement for said drain, located within the Locust Grove Subdivision,
south west of the intersection of Fairview Avenue and Locust Grove Road, Meridian, Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance
with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof.
3. The permitted hours of use of the pathway shall be from _a.m. until ---p.m.
4. The parties hereto incorporate in and make part of this License Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result ofthe provisions
of this License Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to run with, and ruooing with, all of the lands of the Licensee described in said Exhibit
A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or
either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto
subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year
herein first above written.
NAMPA & MERIDIAN IRRIGATION DISTRICT
B~~JJl1f? i~~2-
'1 s reside#"
ATTEST:
LICENSE AGREEMENT - Page 2
(T, /7. /(-~.
~~.
Its Secretary
I THE CITY OF MERIDIAN
ATTEST:
III '1' ".! if" 'Lt.; ( f( (~l CL'-Vl.:t
1\ \ \ \ lIlHI Au}, .....' V'-"
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() \i"l(U) ti1.S nt~ +(l
1Jtlh,c1-vj C~ AL~ C-LU\\0 ~
STATE OF IDAHO )
) ss:
County of Canyon ) .. _ \ ., .\,\
. <. . "I'
On this;J IJd day of 4..1fAZl~'~~~;:'~e~~re me, the undersigned, a Notary Public in and for
said State, personally appeared Ralph B. Wissel] and Daren R. Coon, known to me to be the President and
Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
b~ t~ .~~) ( [) MIlOl' (
/0 .-I~ -0.3
SEAL
rN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written. J~ J1., IpW
Notary Public fur Idaho ~
Residing at 6Ld/ /.LtL1. , Idaho
My Commission Expires: /IJ'~ >9' ZtJCJ(P
STATE OF IDAHO
County of Ad. (L-
On this P"l,j-l.-dayof OcA-obu\, 2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared "1Cl.rnhl1.H ri.<-LtY...e.{{;\ and '5;1-1 Cl..( IYl,)n~ -+~ , knO\vn to me to be
the t~J..0tC\.Zlnt;.1 ?l'N\ lf1"-,,,,-\: and f:,.(tt:~(;+,",' CLt:)\.\L.. , respectively, of The CITY OF MERIDIAN, the
entity that executed the foregoing ins rurifent klld acknowledged to me that such entity executed the same.
"""""""
," 't
. f1~~J have hereunto set my hand and affixed my official seal, the day and year
~
ove w n. ~ .ba
t\~RY it ~
~O ,_I "l . lAm .fL1kDm.oJ
..v~ ~ j Notary Public for .
pU ~ I Residing at 'Po\!:> ~ , ~
1'.ltTB O't ~-, My Cormnission Expires: q ~ L-8~
,.........~
fNWI
in this certific
LICENSE AGREEMENT - Page 3
EXHIBIt A
Legal Description
Lot 1, Block 1 of the Locust Grove Place Subdivision, in the NE1I4, Section 7, Township 3 North,
Range I East, B.M., Meridian, Ada County, Idaho.
EXIDBIT C
Special Conditions
a, Construction ofthe pathway shall be in accordance with certain plans consisting of one sheet
entitled" Locust Grove Place Subdivision, Landscape Plan", This plan has been delivered to the District's
water superintendent, is in his possession in his office, and is hereby incorporated by this reference.
b, The District's easement for this section of the Jackson Drain is 50 feet, 35 feet to the left, and
l5 feet to the right ofthe centerline facing downstream. Construction shall be completed not later than one year
from the date of this agreement. Time is of the essence.
LICENSE AGREEMENT - Page 4
POOR COpy
Jackson Stub Drain in NE1I4, I
~~
S.7, T.3N ~ R.1 E I' B 1M., Ada ~
County, Idaho (August 1994) I
Exhibit B
EJCDC
Standard Form of Agreement
Between OWNER and CONTRACTOR
On the Basis of a Stipulated Price
THIS AGREEMENT is dated as of the J5~ day of Ockbu-
between City of Meridian, Ada County, Idaho (hereinafter called O\VNER) and
IV\L (hereinafter called CONTRACTOR).
in the year 2003 by ap.d . ....
Soi'WiIrI.€-r tn ...,s-k-.....(..-\\ 0....'1
OWNER and CONTRACTOR, in consideration ofllie mutual covenants hereinafter set forth, agree as
follows:
Article 1 WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract
Documents. The WORJ< is generally described as follows; This project includes installation of
approximately 2,200 feet of water and sewerline installation on Locust Grove, south of Chinden. Wark
currently is scheduled to start October 17. It is the intent of these documents to describe the work required
to complete this project in sufficient detail to secure comparable bids. All parts or work not specifically
mentioned which are necessary in order to provide a complete installation shall be included in the bid and
sball conform to all Local, State and Federal requirements.
Article 2 ENGINEER. The Project "2004 Locust Grove Sewer and Water Line" has been designed by
City of Meridian who is hereinafter called ENGINEER and who is to act as OWNER's representative,
assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
Article 3
CONTRACT TIME.
3.1 < The Work will be completed within 45 from the date when the Contract Time commences to run as
provided in paragraph 2.3 of the General Conditions, and completed and ready for fmal payment
in accordance with paragraph 14.13 of the General Conditions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER One Hundred Dollars ($100.00) for each calendar
day that expires after the time specified in paragraph 3.1 for Substantial Completion until the
Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect,
refuse or fail to complete the remaining Work within the Contract Time or any proper extension
thereof granted by OWNER, the O\VNER may withhold moneys from the contract and complete
remaining work as required.
Article 4 CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in
accordance with the Contract Documents in current funds in accordance with unit prices bid; see Exhibit A
to this Agreement.
Article 5 PAYMENT PROCEDURES. The CONTRACTOR shall submit Applications for Payment
in accordance with ARTICLE 14 of the General Conditions. ENGINEER will process applications for
Payment as provided in the General Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on
the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or
about the 25th day of each month during construction, as provided below, for Applications
submitted to the Engineer prior to or on the 25th day of the previous month. All progress
payments will be on the basis of the progress of the work measured by the schedule of values
2004 Locust Grove Sewer and Water
Page 1 of6
established in Article 4 and in the case of Unit Price Work, based on the number of units
completed.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER, shall detennine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
100 % of work completed (less 5% retainage).
100 % of materials and equipment (less 5% retainage) not incorporated in the
Work (but delivered, suitably stored and accompanied by documentation
satisfactory to OWNER as provided in paragraph 14.2 of the General
Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 100% of the Contract Price, less such amounts, as ENGINEER shall
detennine, or OWNER may withhold, in accordance with paragraph 14.7 of the General
Conditions.
5.2 Final Payment. Upon lmal completion and acceptance of the Work in accordance with paragraph
14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in said paragraph 14.13.
Article 6 INTEREST. All moneys not paid when due as provided in ARTICLE 14 of the General
Conditions shall bear interest at the maximum rate allowed by law at the place of Project
Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the
Agreement CONTRACTOR makes the following representations:
7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Laws and Regulations that in any manner may
affect cost, progress, performance or furnishing of the Work
7.2 CONTRACTOR has studied carefully all drawings of physical conditions which are identified in
the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts
the detennination set forth in ARTICLE 4 of the Supplemental Conditions of the extent of the
technical data contained in such drawings upon which CONTRACTOR is entitled to reply.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests, reports and studies
(in addition to or to supplement those referred to in paragraph 7 .2 above) which pertain to the
subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost,
progress, performance or furnishing of the Work at the Contract Price, witItin the Contract Time
and in accordance with the other tenns and conditions of the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents, including
specifically the provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies, or similar information or data are
or will be required by CONTRACTOR for such purposes.
7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the site
and assumes responsibility for the accurate location of said Underground Facilities. No additional
examinations, investigations, explorations, tests, reports, studies, or similar information or data in
respect of said Underground Facilities are or will be required by CONTRACTOR in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in accordance
2004 Locust Grove Sewer and Water
Page 2 of 6
with the other terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.3 of the General Conditions.
7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
7.6 CONTRACTOR has given ENGINEER 'lVritten notice of all conflicts, errors or discrepancies that
the Contractor has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
Article 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire
agreement between OWNER and CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement.
8.2 Exhibits to this Agreement.
8.3 Performance and other Bonds.
8.4 Notice of Award.
8.5 Acceptance of Notice of Award
8.6 General Conditions.
8.7 State ofIdaho Tax Reporting Requirements
8.8 Supplemental General Conditions.
8<9 Technical Specifications.
8.10 Drawings.
8.11 Appendix.
8.12 Invitation To Bid.
8.13 Information for Bidders.
8.14 Addenda.
8.15 CONTRACTOR's Bid.
8.16 Documentation submitted by CONTRACTOR prior to Notice of Award.
8 < 17 The following which may be delivered or issued after the Effective Date of the Agreement and are
not attached hereto; All Written Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to ARTICLE 11 and ARTICLE 12 of the
General Conditions.
8.18 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly
noted otherwise above).
2004 Locust Grove Sewer and Water
Page 3 of 6
There are no Contract Documents other than those listed above in this Article 8 < The Contract Documents
may only be amended, modified or supplemented as provided in ARTICLE 11 and ARTICLE 12 of the
General Conditions.
Article 9
MISCELLANEOUS.
9.1 Terms used in this Agreement, which are defined in ARTICLE 1 of the General Conditions will
have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interest in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect of all covenants and obligations contained in the Contract Documents.
Article 10 OTHER PROVISIONS. None
2004 Locust Grove Sewer and Water
Page 4 of6
IN WITNESS WHEREOF, OVlNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the
Contract Documents have been signed or identified by OVlNER and CONTRACTOR or by ENGINEER
on their behalf.
The Agreement will be effective on ~ ~
,2003<
SEAL
[CO~O ~SEAL] & ~
-:;. -:9 GIGo: ,\Qi 0 .:::-
~ '6 'Sr is! . ~.!
'{-. ':N/ ~ "
~II 00UNT-..J ~ "",
lit l' \\\
'II \\\\
11/1;111;;(\'
..
Attes
William G. Berg, Jr. City Clerk
Address for giving notices
33 East Idaho Ave.
Meridian, ill 83642
Public Works License No.
Contractor
By:
Name:
Attest
n
J"'-S~.... -r: if, v~tl~
[CORPORATE SEAL]
911~
Address for giving notices
!(Yd.-GO N, 'J-o~
Nl',w-~Jj) ~3<oB7
I ~ d--o r; - A-AA- ,- d.-.
. If CONTRACTOR is a corporation, attach evidence of authority to sign if other that President signing
2004 Locust Grove Sewer and Water
Page 5 of6
2004 Locust Grove Sewer and Water
Exhibit A
Sommer Construction
$8,622.55
$72,901.20
$99,636.2
. $181,160.00
Page 6 of6
EJCDC
Standard Form of Agreement
Between OWNER and CONTRACTOR
On the Basis of a Stipulated Price
THIS AGREEMENT is dated as of the 0 day of 0(': Iz,)oi in the year 20031 and
between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and~eG'gu rf' i ;?~
.n\:/J;! (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1 WORK. CONTRACTOR shall complete all Work as specified or indicated in the contract
Documents. The WORK is generally described as follows: The project includes construction of two
municipal water supply welIs including, but not limited to, drilling, water quality sampling, installation of
casing, screens and surface seal, development, test pumping, and site restoration and related work. It is the
intent ofthese documents to describe the work required to complete this project in sufficient detail to
secure comparable bids. All parts or work not specifically mentioned which are necessary in order to
provide a complete installation shall be included in the bid and shall conform to all Local, State and Federal
requirements.
Article 2 ENGINEER. The Drilling & Construction of Supply Well 25 Project has been designed by
City of Meridian who is hereinafter called ENGINEER and who is to act as OWNER's representative,
assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the Contract
Documents.
Article 3 CONTRACT TIME.
3.1. The Work will be completed within sixty (60) days from the date when the Contract Time
commences to run as provided in paragraph 2.3 of the General Conditions, paragraph 3.14 of the
WeIl Drilling section, and completed and ready for final payment in accordance with paragraph
14.13 of the General Conditions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence ofthis
Agreement. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER $250.00 for each calendar day that expires after the
time specified in paragraph 3.1 for Substantial Completion until the Work is substantially
complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to
complete the remaining Work within the Contract Time or any proper extension thereof granted by
OWNER, the OWNER may withhold moneys from the contract and complete remaining work as
required.
Article 4 CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion oIthe Work in
accordance with the Contract Documents in current funds in accordance with unit prices bid; see Exhibit A
to this Agreement.
Article 5 PAYMENT PROCEDURES. The CONTRACTOR shall submit Applications for Payment
in accordance with ARTICLE 14 of the General Conditions. ENGINEER will process applications for
Payment as provided in the General Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on
the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or
about the 20th day of each month during construction, as provided below, for Applications
Page 1 of6
submitted to the Engineer prior to or on the 20th day of the previous month. All progress
payments will be on the basis of the progress of the work measured by the schedule of values
established in Article 4 and in the case of Unit Price Work, based on the number of units
completed.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER, shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
100 % of work completed (less 5% retainage).
100 % of materials and equipment (less 5% retain age) not incorporated in the
Work (but delivered, suitably stored and accompanied by documentation
satisfactory to UWNER as provided in paragraph 14.2 of the General
Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to lOO% of the Contract Price, less such amounts, as ENGINEER shall
detennine, or OWNER may withhold, in accordance with paragraph 14.7 ofthe General
Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph
14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in said paragraph 14.13.
Article 6 INTEREST. All moneys not paid when due as provided in ARTICLE 14 of the General
Conditions shall bear interest at the maximum rate allowed by law at the place of Project.
Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the
Agreement CONTRACTOR makes the following representations:
7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Laws and Regulations that in any manner may
affect cost, progress, perfonnance or furnishing of the Work.
7.2 CONTRACTOR has studied carefully all drawings of physical conditions which are identified in
the Supplemental Conditions, as provided in paragraph 4.2 ofthe General Conditions, and accepts
the determination set forth in ARTICLE 6 of the Supplemental Conditions of the extent of the
technical data contained in such drawings upon which CONTRACTOR is entitled to reply.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests, reports and studies
(in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the
subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost,
progress, perfonnance or furnishing of the Work at the Contract Price, within the Contract Time
and in accordance with the other terms and conditions of the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Documents, including
specifically the provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies, or similar information or data are
or will be required by CONTRACTOR for such purposes.
7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the site
and assumes responsibility for the accurate location of said Underground Facilities. No additional
examinations, investigations, explorations, tests, reports, studies, or similar information or data in
Page 2 of6
respect of said Underground Facilities are or will be required by CONTRACTOR in order to
perform and furni,sh the Work at the Contract Price, within the Contract Time and in accordance
with the other terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.3 of the General Conditions.
7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions ofthe Contract Documents.
7.6 CONTRACTOR bas given ENGINEER written notice of all conflicts, errors or discrepancies that
the Contractor has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
Article 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire
agreement between OWNER and CONTRACTOR concerning the Work consist of the following:
&.1 This Agreement.
8.2 Exhibits to this Agreement.
8.3 Performance and other Bonds.
8.4 Notice of Award.
8.5 Acceptance of Notice of Award
8.6 General Conditions.
&.7 State ofIdaho Tax Reporting Requirements
8.8 Supplemental General Conditions.
8.9 Technical Specifications.
8.10 Drawings.
8.11 Appendix.
8.12 Invitation To Bid.
8.13 Information for Bidders.
8.14 Addenda.
&.15 CONTRACTOR's Bid.
8.16 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.17 Tbe following which may be delivered or issued after the Effective Date of the Agreement and are
not attached hereto: All Written Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to ARTICLE 11 and ARTICLE 12 of the
General Conditions.
8.18 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly
noted otherwise above).
Page 3 of6
There are no Contract Documents other than those listed above in this Article 8. The Contract Documents
may only be amended, modified or supplemented as provided in ARTICLE 11 and ARTICLE 12 of the
General Conditions.
Article 9
MISCELLANEOUS.
9.1 Terms used in this Agreement, which are defined in ARTICLE 1, of the General Conditions will
have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interest in the Contract Documents will be
binding on another party hereto without the written consent ofthe party sought to be bound; and
specifically but without limitation moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect of all covenants and obligations contained in the Contract Documents.
Article 10 OTHER PROVISIONS. None
Page 4 of6
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER., CONTRACTOR and ENGlNEER. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER
on their behalf.
The Agreement will be effective on Ct: ~Je -r h
,2003.
Owner
CITY
----
Contractor }'f'PuSVft
By: jf ~
Name: :JD J., f'1 h I / .fiE' ~
(.lee P?JJ,,//:nd
r ..-<
%
[CORPORATE SEAL]
-
-
Attes
Att",t/ L~' f?,)-
I
William G.Berg, Jr. City Clerk
Address for giving notices
Address for giving notices
33 East Idaho Ave.
(0 ~(\.k SY7
~V <J SJ... l' I :r:u ' ~ ") b TL.
Meridian, ID 83642
Public Works License No.
I <;:~ 1.J:J. - . B - if (is;/I;)
* If CONTRACTOR is a corporation, attach evidence of authority to sign if other that President signing
Page 5 of6
t.
Exhibit A
Treasure Valley Drilllnq & Pump
Estimated
Item Description Quantity Units Unit Price Total Bid Price
1 Mobilization 1 LS 9,200.00 9,200.00
2 Surface Casing 1 LS 11,400.00 11,400.00
3 28"/24" Drilling 260 LF 90.00 23,400.00
4 17" PVC Casing 262 LF 80.00 20,960.00
5 Bentonite Chip Surface Seal 13 CY 300.00 3,900.00
6 Bentonite Grout Surface Seal 13 Cy 300.00 3,900.00
7 17"/15" Drilling 100 LF 65.00 6,500.00
8 8" S.S Well Screen 115 LF 102.00 11,730.00
9 Sand Filter 3 CY 500.00 1,500.00
10 18"/15" to 10"/8" Removable Packer/Reducer Assembly 1 LS 2,700.00 2,700<00
11 Well Development 30 HR 200,00 6,000.00
12 Test Pump Set-up -Install & Remove 1 LS 5,000.00 5,000.00
13 Test Pumping 20 HR 150.00 3,000.00
14 Well Head Assembly 1 LS 3,000.00 3,000.00
15 Miscellaneous Site Work with crew and rig 10 HR 175<00 1,750<00
16 Miscellaneous Site Work with crew only 20 HR 125.00 2,500.00
Total 116,440.00
Page 6of6
(
** I RMAT ION REPORT ** AS OF OCT 10 t 03 :01 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS
10 10/10 13:26 3810160 EC-S 01'47" 003 147 OK
11 1\'1/1013'28 PUBLIC WORKS EC--S 01'02" 003 147 OK
12 10/10 13:30 12084664405 EC--S 01'03" 003 147 OK
13 10/10 13:31 8S41159 EC--S 01'132" 003 147 OK
14 10/10 13'33 208S840744 EC--S 01'02" 003 147 OK
15 10/10 13:34 POLICE DEPT EC-S 01'02" 003 147 OK
16 Hl/10 13: 36 8985501 EC--S 01'02" 003 147 OK
17 10/10 13:37 LIBRARY EC--S 01' 22" 003 147 OK
18 10/10 13:38 92083776449 EC-S e1'01" 003 147 OK
19 11<:1/10 13: 41 200 3SB 6924 EC--S 01'21" 003 147 OK
20 10/10 13'43 2088886854 EC--S 01'01" 0133 147 OK
21 10/10 13:44 208 895 0390 EC-S 1211'02" 12103 147 OK
22 10/10 13:46 Laurel EC-S 1211'03" ElEl3 147 OK
23 10/1121 13:47 208 387 6393 EC-S 01'01" 01213 147 OK
24 1l:l/10 13' 49 ADA CTY DEIJELMT 63--5 1211'46" 1303 147 OK
25 10/1121 13:51 208-888-5052 EC-S 131'132" 13133 147 OK
26 1<:1/10 13: 53 CHERRY LFI'IE EC--S 01'21" 13133 147 OK
27 10/1e 13'55 POST OFF1CE EC--S 01'46" 0133 147 OK
28 10/10 13:57 IDAHO ATHLETIC C EC--S 01'131" 003 147 OK
2'3 10/113 13'59 lD PRESS TRIBUNE EC--5 1211'01" 003 147 OK
313 10/10 14:00 208 8BB 6700 EC--S 01'02" 003 147 OK
P\e-o.se. Pos-l-+O( pLlbhc. notICe... -1"'ant5;.~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, Octobef 14, 2003 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
_ TammydeWeerd _ Bill Nary
_ Cherie McCandless Keith Bird
_ Mayor Robert Corrie-
2. Adoption of the Agenda:
3. Consent Agenda:
A. Tabled from October 7, 2003: Resolution No. :
Approving the Memorandum of Understanding with Meridian
Firefighters Local 2311 regarding Wages:
B. Approve minutes of September 23, 2003 City Council Regular
Meeting:
C. Approve minutes of September 23. 2003 Pre-Council Meeting:
D. Resolution No. : Approving Addendum
No. 1 to Agreement with Boise City for City Prosecutor I
Criminal legal Services:
E. Water Main Easement fOf LDS Stake Center (McMillan and
Linder):
F. License Agreement with Nampa Meridian Irrigation District for
LOS Stake Center (McMillan and Under):
G. License Agreement with Nampa Meridian Irrigation District for
the Jackson Drain Pathway through locust Grove Place
Subdivi!lion:
H. Agreement for Professional Services for Meridian
Development Corporation (MDC) Water Main Upgrades 01'1 East
2nd Strllet and Bower Street - Civil Survey Consultants:
Maid;.. City c-.;! A.G<ll<la - o...tow [4, zoo., 1'020 1 of)
AJI motoriol, jlrt<<llt<d II pubti<.m.orinil",jqIJ b...",. prQpa1y of tho ClryofMoridio..,.
Anyon. ~U I<commodolioo to< dl..bilili<o ttUll.:d t. d.",~ ODdIor bau;ng
pl........-th. c;tyClorlc', Qflj<o 1l8ll8-1433 otloost48 boo.opcior 10 11>0 public: "",<tin&-
P\eOSC10os\- tor- pllb\ lC. ho-hsr-- -\han.u;.~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 14,2003 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Consent Agenda:
A. Tabled from October 7,2003: Resolution No.
Approving the Memorandum of Understanding with Meridian
Firefighters Local 2311 regarding Wages:
B. Approve minutes of September 23, 2003 City Council Regular
Meeting:
C. Approve minutes of September 23, 2003 Pre-Council Meeting:
D. Resolution No. : Approving Addendum
No. 1 to Agreement with Boise City for City Prosecutor J
Criminal Legal Services:
E. Water Main Easement for LDS Stake Center (McMillan and
Linder):
F. License Agreement with Nampa Meridian Irrigation District for
LDS Stake Center (McMillan and Linder):
G. License Agreement with Nampa Meridian Irrigation District for
the Jackson Drain Pathway through Locust Grove Place
Subdivision:
H. Agreement for Professional Services for Meridian
Development Corporation (MDC) Water Main Upgrades on East
2nd Street and Bower Street - Civil Survey Consultants:
Meridian City Council Agenda - October 14,2003 Page 1 of3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andlor hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
I. October 2003 Addendum to Development Agreement
Correcting the legal description for AZ 00-026 Bear Creek
Subdivision No.6 (tka I approved as Kodiak Development):
4. Department Reports:
A. Public Works Department:
1. Discussion with Marvin Everett regarding Consent to
Annexation Agreement for 785 South Locust Grove
Road:
5. (Items Moved from Consent Agenda)
6. Ordinance No. : Amending Ordinance 03-1024
Adopting the 2002 National Electrical Code and Additions and
Exceptions:
7. Ordinance No. : Amending Ordinance 03-1033
Correcting the legal description for AZ 00-026 Bear Creek
Subdivision No.6 (tka I approved as Kodiak Development):
8. Ordinance No. : Amending Ordinance 03-1037
AZ 03-012 Request for annexation and zoning of 24.004 acres from R1
to R-2 zones for Carol Subdivision by The City of Meridian - west of
North Eagle Road and south of East Ustick Road:
9. Ordinance No. : Amending Ordinance 03-1039
Adopting the 2000 Edition International Fire Code:
10. TE 03-006 Request for a Time Extension for filing of the Final Plat for
Sundance Place Subdivision No.1 by Engineering Solutions, LLP _
east of North Meridian Road and north of East Ustick Road:
11. Continued Public Hearing from September 23, 2003: ZOA 03-002
Request for Amendments to Sian Ordinance:
12. Public Hearing: AZ 03-015 Request for annexation and zoning of 9.8
acres from RUT to R-8 zones for proposed SaQeland Planned
Development by Quasar Development, LLC - northeast corner of South
Locust Grove Road and East Victory Road: Re-noticed for October 14,
2003 City Council meeting due to plat changes
13. Public Hearing: PP 03-020 Request for revised Preliminary Plat
approval of 41 building lots and 9 other lots on 10.64 acres in a proposed
R-8 zone for proposed Saqeland Planned Development by Quasar
Meridian City Counoil Agenda - October 14, 2003 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to doouments and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hOlm> prior to the public meeting.
Development, LLC - northeast corner of South Locust Grove Road and
East Victory Road: Reanoticed for October 14, 2003 City Council
meeting due to plat changes
14. Public Hearing: CUP 03-036 Request for Conditional Use Permit for a
Planned Development with a private neighborhood park in an R-8 zone for
proposed Saaeland Planned Development by Quasar Development -
northeast corner of South Locust Grove Road and East Victory Road: Rea
noticed for October 14, 2003 City Council meeting due to plat
changes
15. Public Hearing: AZ 03-019 Request for annexation and zoning of 16
acres from RUT to R-8 zones for proposed Hiahaate Subdivision by
Harris Homes, LLC - 2700 North Meridian Road:
16. Public Hearing: PP 03a023 Request for Preliminary Plat approval of 74
building lots and 10 other lots on 15<68 acres in a proposed R-8 zone for
proposed Hiahaate Subdivision by Harris Homes, LLC - 2700 North
Meridian Road:
17. Public Hearing: CUP 03-039 Request for a Conditional Use Permit for
single-family residential Planned Development with a mix of attached and
detached housing in a proposed R-8 zone for proposed Hiahaate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
18. Public Hearing: AZ 03-018 Request for annexation and zoning of 43.86
+/- acres from RT to C-G zones for Kissler I Cobbs I Eaov I Ruwe by
BRS Architects - southwest corner and southeast comer of North Eagle
Road and East Ustick Road:
19. Public Hearing: AZ 03-020 Request for annexation and zoning of 1.13
acres from R-6 to L-O zones for proposed Office Jet Subdivision by
Wardle and Associates - 1975 North Locust Grove Road:
20. Public Hearing: PFP 03-003 Request for Preliminary I Final Plat
approval of 4 building lots on 1.13 acres in a proposed L-O zone for
proposed Office Jet Subdivision by Wardle and Associates - 1975 North
Locust Grove Road:
21. Public Hearing: MI 03a009 Request for modification of condition to leave
the Onweiler Lateral open and construct a 10 foot wide paved multi-use
pathway and place a 5 foot chain link fence along the south bank of canal
for Silhouette Subdivision by Silhouette LLC - east of North Meridian
Road and south of East Ustick Road:
Meridian City Council Agenda - October 14, 2003 Page 3 of3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
** TX CONFIRMATION REPORT **
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10/14 22:12 12084664405
10/14 22:14 8841159
10/14 22:15 2088840744
10/14 22:17 POLICE DEPT
10/14 22:19 8985501
10/14 22:20 LIBRARY
10/14 22:22 92083776449
10/14 22:24 208 388 6924
10/14 22:26 2088886854
10/14 22:27 208 895 0390
10/14 22:29 208 387 6393
10/14 22:31 ADA CTY DEVELMT
10/14 22:33 208-888-5052
10/14 22:35 CHERRY LANE
10/14 22:37 POST OFFICE
10/14 22:40 IDAHO ATHLETIC C
10/14 22:41 887 0816
10/14 22:44 ID PRESS TRIBUNE
10/14 22:46 208 888 6700
10/14 22:51 3810160
AS OF OCT 14 '03 22:53 PAGE. 01
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Tuesday~ October 14,2003 at 7:00 p.m.
City Council Chambers
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1. Roll-call Attendance:
--..K-. Tammy de Weerd X Bill Nary
~ Cherie ~cCandJeSS =x= Keith Bird
Mayor Robert Corrie
CITY COUNCIL REGULAR MEETING
AGENDA
2. Adoption of the Agenda: ~rL as a--~cL
3. Consent Agenda:
A. Tabled from October 7,2003: Resolution No. :
Approving the Memorandum of Understanding with Meridian
Firefighters local 2311 regarding Wages:
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Item Packet Pickup
MEETING DATE: October 14,2003 City Council
October 10, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 14, 2003
3-1)
ITEM NO.
REQUEST Resolution No. Approving Addendum No. 1 to Agreement with
Boise City for City Prosecutor / Criminal Legal Services:
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLlCE DEPT:
CITY FI RE 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:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See Attached Addendum I Resolution
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Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Interoffice
MEMORANDUM
RECEIVED
William G. Berg, Jr.~ OCT 0 6 2003
~ C~ty Of Meridian
Wm. F. Nichol C ty Cl k
1 -' er Office
Addendum No.1 To Agreement For City Prosecutor/Criminal Legal Services
Dated November 1,2002, Resolution/Cert of Clerk for Boise City
Prosecutor/Criminal Legal Services Contract Extension
To:
From:
Subject:
Date:
October 3, 2003
Will:
Please find attached the originals of the Addendum No. I, Resolution, Certificate
of Clerk, and a copy of Boise City's cover letter dated August 5, 2003 for the above matter. This
matter is now ready to be placed upon an upcoming City Council meeting.
If you have any questions please give me a calL
Z:\Work\M\Meridian\Meridian 15360M'v\dministration\Berg Memo Boise City K Extension 10 03 03.d(X:
MAYOR
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LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-550 I
PUBLIC WORKS
(208) 898-5500. Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING & ZONING
(208) 884.5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
October 27, 2003
Boise City Attorney's Office
City of Boise
P.O. Box 500
Boise, Idaho 83701
RE: Addendum No.1 to Agreement for City Prosecutor I Criminal
Legal Services dated November 1, 2002
Dear Sirs,
Enclosed you will find two original agreements as noted above. Please obtain
proper signatures and notarizations and forward one conformed original back to
my office at your earliest convenience.
I have also included for your records, a copy of our resolution approving this
agreement. Please feel free to contact our office if you have any questions.
Sincerely,
$hM m8rru th
Sharon Smith
Deputy City Clerk
Enc.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642. (208) 888-4433
City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility BiDing Fax (208) 887-4813
RESOLUTION NO
(J 3 - 4-14-
BY: ke/fh l3irvU
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER
INTO, ON BEHALF OF SAID MUNICIPALITY, A CONTRACT EXTENSION ENTITLED
"ADDENDUM NO.1 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL
SERVICES DATED NOVEMBER 1, 2002", BY AND BETWEEN THE CITY OF MERIDIAN
AND THE CITY OF BOISE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to continue its current
agreement for prosecutor/criminallegal services and enter into a contract extension with the City
of Boise, denoted as "ADDENDUM NO. 1 TO AGREEMENT FOR CITY
PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1,2002", a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for
which are as set fOlih in said contract extension, and to include a part-time prosecutor not
contemplated in the original bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as
follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian that certain contract extension with the City of Boise, entitled "ADDENDUM NO.1
TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED
NOVEMBER 1,2002", by and between the City of Meridian and the City of Boise, a copy of
which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
RESOLUTION FOR THE CITY OF BOISE - CONTRACT EXTENSION - FY -2004
PROSECUTION AND CRIMINAL LEGAL SERVICE FOR THE
CITY OF 11ERIDIAN COST FOR SERVICES
PAGEIOF2
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P 1.~S~D BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 1..1:: day of
tJc/lt7~ ,2003.
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APJ,>ROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I ~day of
6Jofr; h-?v , 2003.
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RESOLUTION FOR THE CITY OF BOISE - CONTRACT EXTENSION - FY -2004
PROSECUTION AND CRIMINAL LEGAL SERVICE FOR THE
CITY OF MERIDIAN COST FOR SERVICES
PAGE 2 OF 2
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State ofIdaho, with its principal
office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, lam t~e custodian of its records and minutes
and do hereby certify that on the / .cft'.:--day of tJ C-lt{7'~ , 2003, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER
INTO, ON BEHALF OF SAID MUNICIPALITY, A CONTRACT EXTENSION ENTITLED
"ADDENDUM NO.1 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL
SERVICES DATED NOVEMBER 1, 2002", BY AND BETWEEN THE CITY OF MERIDIAN
AND THE CITY OF BOISE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to continue its current
agreement for prosecutor/criminallegal services and enter into a contract extension with the City
of Boise, denoted as "ADDENDUM NO. 1 TO AGREEMENT FOR CITY
PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1,2002", a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for
which are as set forth in said contract extension, and to include a part-time prosecutor not
contemplated in the original bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as
follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian that certain contract extension with the City of Boise, entitled "ADDENDUM NO.1
TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED
CERTIFICATE OF CLERK OF THE CITY OF :MERIDIAN
PAGE] OF2
NOVEMBER 1, 2002", by and between the City of Meridian and the City of Boise, a copy of
which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
~ -~~(~
LLIA~ERG, JR.
CITY CLERK
STATE OF IDAHO, )
: ss:
County of Ada, )
On this ~ day of Dc ~ ' in the year 2003, before me, a Notary
Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk ofthe
City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
(SEAL)
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Commission Expires: 1-- ~~ {)5
Z:\Work\M\Meridian\Meridian 15360MVl.dministration\Cert of Clerk Contract Extension for City of Boise 10 03 03.d(X:
CERTIFICATE OF CLERK OF THE CITY OF 11ERIDIAN
PAGE 2 OF 2
ADDENDUM NO.1 TO AGREEMENT FOR
CITY PROSECTOR/CRIMINAL LEGAL SERVICES
DATED NOVEMBER 1, 2002
The following is an addendum to that certain Agreement For City
Prosecutor/Criminal Legal Services between the City of Meridian, a municipal
corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter
referred to as "City"), and the City of Boise, a municipal corporation organized and
existing by virtue of the laws of the State ofIdaho (hereinafter referred to as "Boise"),
specifically to the sections pertaining to 4.1, 4.1.2 and 4.2 Payment For Services, which
are subsequent to entering into of the original Agreement For City Attorney/Civil Legal
Services dated November 1, 2002.
The parties hereto agree as follows:
1. Pursuant to the Payment For Services under Section 4.1 of the original
Agreement, Section 4.1 is modified to read as follows:
4.1 As compensation for all Primary Legal Services, including all out-
of-pocket expenses incurred by Boise in performing the Primary
Legal Services, Meridian shall pay Boise the total sum of thirteen
thousand four hundred thirty and 00/1 OOths dollars ($13,430.00)
per month, with the annual total cost of$161,160.00.
2. Pursuant to the Payment For Services under Section 4.1.2 of the original
Agreement, Section 4.1.2 is modified to read as follows:
4.1.2 In addition to the monthly retainer amount, Meridian shall execute
a waiver to transfer the JAIBG grant funds (in the approximate
amount of $9,680.00) previously assigned to Meridian to Boise,
along with a one-time match by the City of Meridian of$l,076.00.
3. Pursuant to the Payment For Services under Section 4.2 ofthe original
Agreement, Section 4.2 is modified to read as follows:
4.2. Compensation for victim/witness services performed by Boise at
the request of Meridian shall be paid at the rate of $52.00 per hour for
services performed by Boise's victim witness coordinators (who shall be
available 24 hours a day 7 days a week and who shall also provide follow-
up for all violent misdemeanor crimes), plus reimbursement for mileage to
and from the Boise City victim witness coordinator office, to and from the
crime scene, victims' locations, or court, in the amount of $0.0365 per
mile.
4. Except as modified by this Addendum No.1, the original Agreement For
City Prosecutor/Criminal Legal Services between the City of Meridian and the City of
Boise dated November 1, 2002, is hereby ratified and confirmed,
IT IS SO AGREED.
IN WITNESS WHEREOF, the parties have executed this Addendum No. 1 on
this ! 4 -If: day of . ~ c:./tl ~ , 2003.
CITY:
CITY OF MERIDIAN
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BOISE CITY:
CITY OF BOISE
By:
Mayor
ATTEST:
BY:
City Clerk
STATE OF IDAHO, )
: ss:
County of Ada, )
On this 25rd day of f)6l:-&~ , 2003, before me, a Notary
Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or
identified to me to be the persons whose names are subscribed to the within and
foregoing instrument as the Mayor and City Clerk, respectively, ofthe City of Meridian,
and who aclmowledged to me that they executed the same for the City of Meridian.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and
year first above written.
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STATE OF IDAHO, )
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, 2003, before me, a Notary
and
, known or identified to me to be
the persons whose names are subscribed to the within and foregoing instrument as the
Mayor and City Clerk, respectively, of the City of Boise, and who acknowledged to me
that they executed the same for the City of Boise.
On this day of
Public, personally appeared
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and
year first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
Z:\Work\M\Meridian\Meridian 15360M\Administration\Adden No.1 to Agmt for City Prose Criminal Legal Services for Boise City
1003 03.doc
IJ J - #-14-
RESOLUTION NO
BY: ke/~h l3/r~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERlDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORlZING THE MAYOR TO ENTER
INTO, ON BEHALF OF SAID MUNICIPALITY, A CONTRACT EXTENSION ENTITLED
"ADDENDUM NO.1 TO AGREEMENT FOR CITY PROSECUTOR/CRlMINAL LEGAL
SERVICES DATED NOVEMBER 1,2002", BY AND BETWEEN THE CITY OF MERlDIAN
AND THE CITY OF BOISE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to continue its current
agreement for prosecutor/criminallegal services and enter into a contract extension with the City
of Boise, denoted as "ADDENDUM NO.1 TO AGREEMENT FOR CITY
PROSECUTOR/CRlMINAL LEGAL SERVICES DATED NOVEMBER 1,2002", a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for
which are as set forth in said contract extension, and to include a part-time prosecutor not
contemplated in the original bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MA YOR AND CITY COUNCIL as
follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian that certain contract extension with the City of Boise, entitled "ADDENDUM NO.1
TO AGREEMENT FOR CITY PROSECUTOR/CRlMINAL LEGAL SERVICES DATED
NOVEMBER 1,2002", by and between the City of Meridian and the City of Boise, a copy of
which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
RESOLUTION FOR THE CITY OF BOISE - CONTRACT EXTENSION - FY -2004
PROSECUTION AND CRIMINAL LEGAL SERVICE FOR THE
CITY OF JvffiRIDIAN COST FOR SERVICES
PAGE 1 OF 2
I . r!-
P ASS~D BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of
tlclt?/ivv ,2003. -
APj>RQVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I Lf!l;y of
6/uf-v6?v ,2003.
ATTEST:
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RESOLUTION FOR THE CITY OF BOISE - CONTRACT EXTENSION - FY -2004
PROSECUTION AND CRIMlNAL LEGAL SERVICE FOR THE
CITY OF MERIDIAN COST FOR SERVICES
PAGE 2 OF 2
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal
office at 33 East Idaho, Meridian, Idaho.
2. That as the City Cl.erk of this City, I am ~~e custodian ofits records and minutes
and do hereby certrfy that on the !f-'I":.-dayof oJ (/fzP~ , 2003, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER
INTO, ON BEHALF OF SAID MUNICIPALITY, A CONTRACT EXTENSION ENTITLED
"ADDENDUM NO.1 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL
SERVICES DATED NOVEMBER 1,2002", BY AND BETWEEN THE CITY OF MERIDIAN
AND THE CITY OF BOISE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to continue its current
agreement for prosecutor/criminal legal services and enter into a contract extension with the City
of Boise, denoted as "ADDENDUM NO. I TO AGREEMENT FOR CITY
PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002", a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for
which are as set forth in said contract extension, and to include a part-time prosecutor not
contemplated in the original bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as
follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian that certain contract extension with the City of Boise, entitled "ADDENDUM NO.1
TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
PAGE 1 OF 2
NOVEMBER 1,2002", by and between the City of Meridian and the City of Boise, a copy of
which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
df~~~(~
WILLIAM G. BERG, JR.
CITY CLERK
STATE OF IDAHO, )
: ss:
County of Ada, )
On this /q+h day of f)c~ ' in the year 2003, before me, a Notary
Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk ofthe
City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
(SEAL)
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z:\ Work\M\Meridian\Meridian 15360M\Administration\Cert of Clerk Contract Extension for City of Boise 10 03 03.dcc
CERTIFICATE OF CLERK OF THE CITY OF 11ERIDIAN
PAGE 2 OF 2
tJ'" i
~w?k
CAROLYN TERTELING-PAYNE
MAYOR
,
LEGAL DEPARTMENT
ROGER E. COCKERILLE
CITY ATTORNEY
BOISE
~
COUNCIL MEMBERS
M. JEROME MhPP VERNON L. BlSI'ERFELDr
COUNCIL PRESIDENT PAULA B. FORNEY
JON MASON MARYANNE JORDAN
COUNCIL PRO TEM ALAN W. SHEALY
August 5, 2003
Mr. Will Berg
Meridian City Clerk
33 East Idaho
Meridian, In 83642
RECEIVED
AUG 1 J 2003
City Of Meridian
City Clerk Office
Subj ect:
City Prosecutor/Criminal Legal Services for Meridian City
Dear Mr. Berg:
Since we are more than halfway through our contract period with Meridian City for prosecution
and criminal legal services, I thought this was an appropriate time to initiate discussions about a
possible extension.
Boise City has been very pleased with our cooperative venture in this area. We have
successfully integrated Meridian's services into our current workload, with the addition of the
staff described in the original proposal. After we assessed the initial impact, we also added
another part-time prosecutor that was not contemplated in our original bid.
At this point, I would recommend that the City of Meridian renew our contract to provide
prosecutor/criminal legal services at an annual cost of$161, 160 for the period from October I,
2003, through September 3D, 2004. This represents an overall bid increase of 6%, which
includes both a 3% inflationary increase as well as the cost of the additional part-time attorney.
Again, we propose that you opt to accept the expanded victim/witness services at a slight
inflationary increase. We also propose that you agree to sign over your JAIBG allotment to
Boise City and provide a one-time match of $1,076 so that we could continue to provide juvenile
accountability services. The details of our bid are included in the enclosed proposal.
CITY HALL. 150 N. CAPITOL BOULEVARD · P.O. BOX 500 · BOISE, IDAHO 83701-0500 · 208/384-3870
fAX 208/384-4454. An Equal opportunity Employer · www.dtyofbolse.org
of) Printed on ftl:yelod pip.r C
~
(
August 5, 2003
Page 2
. ,
I also have enclosed copies of our latest contract report for your Mayor and City Council: This
information illustrates the services that we are providing to you and your citizens, provides
specific statistical information, and lists our accomplishments since the last time we reported to
you in February 2003.
I hope you find this proposal satisfactory and look forward to your response. We would be
happy to prepare a formal presentation for your Mayor and City Council if you so choose. In the
meantime, it has been a pleasure working with your City on this contract, and I believe it has
benefit e City of Boise as well as the City of Meridian.
REC/dq
Enclosures
//
CONTRACT EXTENSION ~ FY-2004
Prosecution and Criminal Leeal Service for the City of Meridian
Cost for Services
The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to
be billed in monthly installments to provide the services described in this proposal.
PrimarvLegal Services
Primary prosecutoriallegal services include:
. Prosecutorial intake screening and review of all police-generated reports and citations;
. Timely filing decision and notification back to MPD and customer;
. Prosecution of infractions and misdemeanors occurring within the Meridian City limits or
pursuant to the Memorandum of Understanding between MPD and BPD;
. Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving
MPD, including infractions, misdemeanors, and felony cases;
. Coverage ofthe caseload in Family Violence Court.
Primary civil legal advice and guidance to the Meridian Police Chief and MPD include:
. Access to members of the Public Safety/Enterprise team for immediate assistance 24
hO,urs a day, 7 days a week through cell phone and/or pager under MPD's protocol;
. On-site legal services by the dedicated assigned Police liaison attorney two days each
week;
. Written responses to Legal Information Requests approved by the Meridian Police Chief;
. Routine review and approval of the MPD's public records requests and property
dispositions;
. Superior legal training for Block Training, Advanced Academy, on search and seizure,
public record requests, property dispositions, internal affairs, and civil liability;
. Training on other needs (including those identified through the screening process) by
request ofthe Meridian Police Chief;
. Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth
Circuit.
Basic VictimfWitness services include:
. Timely contact with victims (either by telephone or automated letter notice) by a
victim/witness coordinator to advise of victim rights on all assumed cases;
. Preparation ofvictims/witnesses for domestic violence-related cases (domestic assault,
domestic battery, violation of no contact order, violation of protection order, stalking,
telephone harassment when associated with one of the preceding, and malicious injury to
property when associated with one ofthe preceding) and all cases with restitution;
. Coordination and liaison with prosecutor on the above-mentioned cases.
Annual Cost - $161,160
Monthly Installment - $13,430
~
Optional Services
Boise City a:lso provides two optional services to Meridian:
· On-call victim/witness services (2417) for both misdemeanor and felony domestic
. violence-related cases and any other violent crimes, including sexual assault, rape, etc.
$52/hour + mileage* to and from the crime scene, victims' locations, or court
*Mileage will correspond with the City of Boise's mileage rate (currently
SO.0365/mile)
. Juvenile Accountability Services for all juveniles with first-time tobacco and alcohol
tickets, including two afternoons each week onsite for assessments, initial and exit
interviews, scheduling of education classes and community service, and formal
complaints for the tickets of those who do not qualify, who fail to complete the program,
or who re-offend within 12 months of the first offense. In order to implement this
portion, Meridian City signs over its $9,680 JAIBG dollars to Boise City and pays the
required match of $1 ,076.
Meridian's Match Payment - $1,076
FFYOl JAIBG dollars - $9,680**
**Federal dollars assigned from Meridian City to Boise City
LEGAL DEPARTMENT
ROGER E. COCKERILLE
CITY ATTORNEY
~
BOISE
C[~ES
CAROLYN TERTELING-PAYNE
MAYOR
COUNC1L MEMBERS
M. JEROME MAPP
COUNCIL PRESIDENT
VERNON L. BISTERFELDT
PAULA B. I'ORNEY
MARYANNE JORDAN
ALAN W. SHEALY
JON MASON
COUNCIL PRO TEM
August 5, 2003
Mr. Will Berg
Meridian City Clerk
33 East Idaho
Meridian, ill 83642
RECEI D
AUG 1 1 2003
City Of Meridian
City Clerk Office
Subject:
City Prosecutor/Criminal Legal Services for Meridian City
Dear My. Berg:
Since we are more than halfway through our contract period with Meridian City for prosecution
and criminal legal services, I thought this was an appropriate time to initiate discussions about a
possible extension.
Boise City has been very pleased with our cooperative venture in this area. We have
successfully integrated Meridian's services into our current workload, with the addition of the
staff described in the original proposal. After we assessed the initial impact, we also added
another part-time prosecutor that was not contemplated in our original bid.
At this point, I would recommend that the City of Meridian renew our contract to provide
prosecutor/criminal legal services at an annual cost of$161,160 for the period from October 1,
2003, through September 30, 2004. This represents an overall bid increase of 6%, which
includes both a 3% inflationary increase as well as the cost of the additional part-time attorney.
Again, we propose that you opt to accept the expanded victim/witness services at a slight
inflationary increase. We also propose that you agree to sign over your JAIBG allotment to
Boise City and provide a one-time match of $1 ,076 so that we could continue to provide juvenile
accountability services. The details of our bid are included in the enclosed proposal.
CITY HALL. 150 N. CAPiTOL BOULEVARD. P.O. BOX 500. BOISE, IDAHO 83701-0500.208/384-3870
FAX 208/384-4454. An Equal Opportunity Employer · www.cityofboise.org
@ Printed on recycled paper ~
August 5, 2003
Page 2
I also have enclosed copies of our latest contract report for your Mayor and City Council. This
infonnation illustrates the services that we are providing to you and your citizens, provides
specific statistical information, and lists our accomplishments since the last time we reported to
you in February 2003.
I hope you find this proposal satisfactory and look forward to your response. We would be
happy to prepare a formal presentation for your Mayor and City Council if you so choose. In the
meantime, it has been a pleasure working with your City on this contract, and I believe it has
benefit e City of Boise as well as the City of Meridian.
REC/dq
Enclosures
CONTRACT EXTENSION - FY-2004
Prosecution and Criminal Leeal Service for the City of Meridian
Cost for Services
The Boise City Attorney's office proposes to continue to offer Meridian City a flat ammal fee to
be billed in monthly installments to provide the services described in this proposaL
Primary Legal Services
Primary prosecutoriallegal services include:
. Prosecutorial intake screening and review of all police-generated reports and citations;
· Timely filing decision and notification back to MPD and customer;
· Prosecution of infractions and misdemeanors occurring within the Meridian City limits or
pursuant to the Memorandum of Understanding between MPD and BPD;
. Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving
MPD, including infractions, misdemeanors, and felony cases;
· Coverage ofthe caseload in Family Violence Court.
Primary civil legal advice and guidance to the Meridian Police Chief and MPD include:
. Access to members ofthe Public Safety/Enterprise team for immediate assistance 24
hours a day, 7 days a week through cell phone and/or pager under MPD's protocol;
· On-site legal services by the dedicated assigned Police liaison attorney two days each
week;
· Written responses to Legal Information Requests approved by the Meridian Police Chief;
. Routine review and approval of the MPD's public records requests and property
dispositions;
. Superior legal training for Block Training, Advanced Academy, on search and seizure,
public record requests, property dispositions, internal affairs, and civil liability;
. Training on other needs (including those identified through the screening process) by
request of the Meridian Police Chief;
· Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth
Circuit.
Basic VictimfWitness services include:
. Timely contact with victims (either by telephone or automated letter notice) by a
victim/witness coordinator to advise of victim rights on all assumed cases;
. Preparation of victims/witnesses for domestic violence-related cases (domestic assault,
domestic battery, violation of no contact order, violation of protection order, stalking,
telephone harassment when associated with one of the preceding, and malicious injury to
property when associated with one ofthe preceding) and all cases with restitution;
. Coordination and liaison with prosecutor on the above-mentioned cases.
Annual Cost - $161,160
Monthly Installment - $13,430
Optional Services
Boise City also provides two optional services to Meridian:
· On-call victim/witness services (2417) for both misdemeanor and felony domestic
violence-related cases and any other violent crimes, including sexual assault, rape, etc.
$52/hour + mileage* to and from the crime scene, victims' locations, or court
*Mileage will correspond with the City of Boise's mileage rate (currently
$0.0365/mile)
· Juvenile Accountability Services for all juveniles with first-time tobacco and alcohol
tickets, including two afternoons each week onsite for assessments, initial and exit
interviews, scheduling of education classes and community service, and formal
complaints for the tickets of those who do not qualify, who fail to complete the program,
or who re-offend within 12 months of the first offense. In order to implement this
portion, Meridian City signs over its $9,680 JAIBG dollars to Boise City and pays the
required match of$1,076.
Meridian's Match Payment - $1,076
FFY01 JAIBG dollars - $9,680**
**Federal dollars assigned from Meridian City to Boise City
LEGAL DEPARTMENT
ROGER E. COCKERILLE
C1TY ATTORNEY
CAROLYN TERTELlNG-PAYNE
MAYOR
COUNCIL MEMBERS
M. JEROME MAPP
COUNCIL PRESIDENT
VERNON L. BISTERFELDT
PAULA B. FORNEY
MARYANNE JORDAN
ALAN W. SHEALY
JON MASON
COUNCIL PRO TEM
August 5, 2003
Mr. Will Berg
Meridian City Clerk
33 East Idaho
Meridian, ill 83642
RECEIVED
AUG 1 1 2003
City Of Meridian
City Clerk Office
Subject:
City Prosecutor/Criminal Legal Services for Meridian City
Dear Mr. Berg:
Since we are more than halfway through our contract period with Meridian City for prosecution
and criminal legal services, I thought this was an appropriate time to initiate discussions about a
possible extension.
Boise City has been very pleased with our cooperative venture in this area. We have
successfully integrated Meridian's services into our current workload, with the addition of the
staff described in the original proposaL After we assessed the initial impact, we also added
another part-time prosecutor that was not contemplated in our original bid.
At this point, I would recommend that the City of Meridian renew our contract to provide
prosecutor/criminallegal services at an annual cost of$161,160 for the period from October 1,
2003, through September 30, 2004. This represents an overall bid increase of 6%, which
includes both a 3% inflationary increase as well as the cost of the additional part-time attorney.
Again, we propose that you opt to accept the expanded victim/witness services at a slight
inflationary increase. We also propose that you agree to sign over your JAIBG allotment to
Boise City and provide a one-time match of$1,076 so that we could continue to provide juvenile
accountability services. The details of our bid are included in the enclosed proposal.
CITY HALL. 150 N. CAP1TOL BOULEVARD. P.O. BOX 500. BOISE, IDAHO 83701-0500 . 208/384-3870
FAX 208/384-4454. An Equal opportunity Employer. www.cityofboise.org
e Primed on reevc:l~d COlDer il1
August 5, 2003
Page 2
I also have enclosed copies of our latest contract report for your Mayor and City Council. This
information illustrates the services that we are providing to you and your citizens, provides
specific statistical information, and lists our accomplishments since the last time we reported to
you in February 2003.
I hope you find this proposal satisfactory and look forward to your response. We would be
happy to prepare a formal presentation for your Mayor and City Council if you so choose. In the
meantime, it has been a pleasure working with your City on this contract, and I believe it has
benefit e City of Boise as well as the City of Meridian.
REC/dq
Enclosures
CONTRACT EXTENSION - FY -2004
Prosecution and Criminal Legal Service for the City of Meridian
Cost for Services
The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to
be billed in monthly installments to provide the services described in this proposal.
Primary Legal Services
Primary prosecutoriallegaI services include:
· Prosecutorial intake screening and review of all police-generated reports and citations;
· Timely filing decision and notification back to MPD and customer;
· Prosecution of infractions and misdemeanors occurring within the Meridian City limits or
pursuant to the Memorandum of Understanding between MPD and BPD;
· Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving
MPD, including infractions, misdemeanors, and felony cases;
· Coverage ofthe caseload in Family Violence Court.
Primary civil legal advice and guidance to the Meridian Police Chief and MPD include:
· Access to members ofthe Public Safety/Enterprise team for immediate assistance 24
hours a day, 7 days a week through cell phone and/or pager under MPD's protocol;
· On-site legal services by the dedicated assigned Police liaison attorney two days each
week;
· Written responses to Legal Information Requests approved by the Meridian Police Chief;
· Routine review and approval ofthe MPD's public records requests and property
dispositions;
· Superior legal training for Block Training, Advanced Academy, on search and seizure,
public record requests, property dispositions, internal affairs, and civil liability;
· Training on other needs (including those identified through the screening process) by
request of the Meridian Police Chief;
· Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth
Circuit.
Basic Victim/Witness services include:
· Timely contact with victims (either by telephone or automated letter notice) by a
victim/witness coordinator to advise of victim rights on all assumed cases;
· Preparation of victims/witnesses for domestic violence-related cases (domestic assault,
domestic battery, violation of no contact order, violation of protection order, stalking,
telephone harassment when associated with one of the preceding, and malicious injury to
property when associated with one of the preceding) and all cases with restitution;
· Coordination and liaison with prosecutor on the above-mentioned cases.
Annual Cost - $161,160
Monthly Installment - $13,430
Optional Services
Boise City also provides two optional services to Meridian:
· On-call victim/witness services (2417) for both misdemeanor and felony domestic
violence-related cases and any other violent crimes, including sexual assault, rape, etc.
$52/hour + mileage* to and from the crime scene, victims' locations, or court
*MiIeage will correspond with the City of Boise's mileage rate (currently
$0.0365/mile)
· Juvenile Accountability Services for all juveniles with first-time tobacco and alcohol
tickets, including two afternoons each week on site for assessments, initial and exit
interviews, scheduling of education classes and community service, and formal
complaints for the tickets of those who do not qualify, who fail to complete the program,
or who re-offend within 12 months of the first offense. In order to implement this
portion, Meridian City signs over its $9,680 JAIBG dollars to Boise City and pays the
required match of$I,076.
Meridian's Match Payment - $1,076
FFY01 JAIBG dollars - $9,680**
**Federal dollars assigned from Meridian City to Boise City
Page 1 of 1
Will Berg
From: Marlene St. George [ms@WHITEPETERSON.com]
Sent: Friday, October 03,20033:59 PM
To: 'Will Berg'; 'Sharon Smith'; 'Tara Green'; 'Jessica Johnson'
Cc: 'rcockerille@cityofboise.org'; Bill Nichols
Subject: Boise City's Addendum NO.1 to Agreement, Resolution, Cert. of Clerk, and Boise City letter dated
August 5, 2003
Please find attached for placement upon an upcoming Council meeting the following documents for
Boise City:
Cover memo
Addendum No. 1 To Agreement For City Prosecutor/Criminal Legal Services Dated November
1, 2003
Resolution
Certificate of Clerk
Boise City letter dated August 5, 2003 - via separate email.
Additionally, hard copies of all the above documents will be hand delivered by our runner on
Monday, October 6,2003. If you need anything further, please let me know. Thank: you, Marlene.
Thank you,
111arlene St. George
Legal Assistant to Wm. F. Nichols
White Peterson
5700 East Franklin Road, Suite 200
Nampa, Idaho 83687-8402
208-466-9272 Ext. 111
mS@whitepeterson.com
Confidentiality Notice: This email message may contain confidential and privileged infonnation
exempt from disclosure under applicable law. If you have received this message by mistake, please
notify us immediately by replying to this message or telephoning us, and do not review, disclose,
copy, or distribute this message. Thank you
;-~>"'~'*.'*";>'"",$*';++<$!k .. 4i1'i{fff +.'r<f '$''''*#~1i'$'''"'t)!f.+ w<"., "ilh, 4.*,++ "1F$v":'1H.0"~\><
1 0/412003
Interoffice
MEMORANDUM
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Addendum No.1 To Agreement For City Prosecutor/Criminal Legal Services
Dated November 1,2002, Resolution/Cert of Clerk for Boise City
Prosecutor/Criminal Legal Services Contract Extension
Date:
October 4, 2003
Will:
Please find attached the originals of the Addendum No.1, Resolution, Certificate
of Clerk, and a copy of Boise City's cover letter dated August 5,2003 for the above matter. This
matter is now ready to be placed upon an upcoming City Council meeting.
If you have any questions please give me a call.
Z:\Work\M\Meridian\Meridian i5360MlAdministration\Berg Memo Boise City K Extension 1003 03.doc
ADDENDUM NO.1 TO AGREEMENT FOR
CITY PROSECTOR/CRIMINAL LEGAL SERVICES
DATED NOVEMBER 1, 2002
The following is an addendum to that certain Agreement For City
Prosecutor/Criminal Legal Services between the City of Meridian, a municipal
corporation organized and existing by virtue of the laws of the State ofIdaho (hereinafter
referred to as "City"), and the City of Boise, a municipal corporation organized and
existing by virtue of the laws of the State of Idaho (hereinafter referred to as "Boise"),
specifically to the sections pertaining to 4.1, 4.1.2 and 4.2 Payment For Services, which
are subsequent to entering into ofthe original Agreement For City Attorney/Civil Legal
Services dated November 1, 2002.
The parties hereto agree as follows:
1. Pursuant to the Payment For Services under Section 4.1 of the original
Agreement, Section 4.1 is modified to read as follows:
4.1 As compensation for all Primary Legal Services, including all out-
of-pocket expenses incurred by Boise in performing the Primary
Legal Services, Meridian shall pay Boise the total sum of thirteen
thousand four hundred thirty and OOIlOOths dollars ($13,430.00)
per month, with the annual total cost of$161,160.00.
2. Pursuant to the Payment For Services under Section 4.1.2 of the original
Agreement, Section 4.1.2 is modified to read as follows:
4.1.2 In addition to the monthly retainer amount, Meridian shall execute
a waiver to transfer the lAIBG grant funds (in the approximate
amount of $9,680.00) previously assigned to Meridian to Boise,
along with a one-time match by the City of Meridian of$l,076.00.
3. Pursuant to the Payment For Services under Section 4.2 of the original
Agreement, Section 4.2 is modified to read as follows:
4.2 Compensation for victim/witness services performed by Boise at
the request of Meridian shall be paid at the rate of $52.00 per hour for
services performed by Boise's victim witness coordinators (who shall be
available 24 hours a day 7 days a week and who shall also provide follow-
up for all violent misdemeanor crimes), plus reimbursement for mileage to
and from the Boise City victim witness coordinator office, to and from the
crime scene, victims' locations, or court, in the amount of$0.0365 per
mile.
4. Except as modified by this Addendum No.1, the original Agreement For
City Prosecutor/Criminal Legal Services between the City of Meridian and the City of
Boise dated November I, 2002, is hereby ratified and confirmed.
IT IS SO AGREED.
IN WITNESS WHEREOF, the parties have executed this Addendum No. I on
this day of ,2003.
CITY:
CITY OF MERIDIAN
BY:
Mayor Robert D. Corrie
ATTEST:
BY:
William G. Berg, Jr., City Clerk
BOISE CITY:
CITY OF BOISE
By:
Mayor
ATTEST:
BY:
City Clerk
STATE OF IDAHO, )
: ss:
County of Ada, )
On this day of , 2003, before me, a Notary
Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or
identified to me to be the persons whose names are subscribed to the within and
foregoing instrument as the Mayor and City Clerk, respectively, of the City of Meridian,
and who acknowledged to me t~at they executed the same for the City of Meridian.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and
year first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO, )
ss:
County of Ada, )
On this day of
Public, personally appeared
,2003, before me, a Notary
and
, known or identified to me to be
the persons whose names are subscribed to the within and foregoing instrument as the
Mayor and City Clerk, respectively, of the City of Boise, and who acknowledged to me
that they executed the same for the City of Boise.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and
year first above written.
(S EAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
Z:\Work\M\Meridian\Meridian 1 5360M\Adrninistration\Adden No. I to Agmt for City Prosc Criminal Legal Services for Boise City
100303.doc
RESOLUTION NO
BY:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER
INTO, ON BEHALF OF SAID MUNICIPALITY, A CONTRACT EXTENSION ENTITLED
"ADDENDUM NO. I TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL
SERVICES DATED NOVEMBER 1,2002", BY AND BETWEEN THE CITY OF MERIDIAN
AND THE CITY OF BOISE.
BE IT RESOL YED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to continue its current
agreement for prosecutor/criminallegal services and enter into a contract extension with the City
of Boise, denoted as "ADDENDUM NO.1 TO AGREEMENT FOR CITY
PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1,2002", a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for
which are as set forth in said contract extension, and to include a part-time prosecutor not
contemplated in the original bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as
follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian that certain contract extension with the City of Boise, entitled "ADDENDUM NO.1
TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED
NOVEMBER 1,2002", by and between the City of Meridian and the City of Boise, a copy of
which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
RESOLUTION FOR THE CITY OF BOISE - CONTRACT EXTENSION - FY -2004
PROSECUTION AND CRIMINAL LEGAL SERVICE FOR THE
CITY OF MERIDIAN COST FOR SERVICES
PAGE 1 OF 2
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _ day of
,2003.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ day of
,2003.
MAYOR
ATTEST:
CITY CLERK
Z:\Work\M\Meridian\Metidian J 5360MlAdtninislration\RESOLUTION FOR CONTRACT EXTENSION FOR CITY OF BOISE [003 03.d(X:
RESOLUTION FOR THE CITY OF BOISE - CONTRACT EXTENSION - FY-2004
PROSECUTION AND CRIMINAL LEGAL SERVICE FOR THE
CITY OF MERIDIAN COST FOR SERVICES
PAGE20F 2
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal
office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and minutes
and do hereby certify that on the day of , 2003, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER
INTO, ON BEHALF OF SAID MUNICIPALITY, A CONTRACT EXTENSION ENTITLED
"ADDENDUM NO. 1 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL
SERVICES DATED NOVEMBER 1,2002", BY AND BETWEEN THE CITY OF MERIDIAN
AND THE CITY OF BOISE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests ofthe City of Meridian to continue its current
agreement for prosecutor/criminallegal services and enter into a contract extension with the City
of Boise, denoted as "ADDENDUM NO.1 TO AGREEMENT FOR CITY
PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1,2002", a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for
which are as set forth in said contract extension, and to include a part-time prosecutor not
contemplated in the original bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as
follows;
1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian that certain contract extension with the City of Boise, entitled "ADDENDUM NO.1
TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
PAGE 1 OF 2
NOVEMBER 1,2002", by and between the City of Meridian and the City of Boise, a copy of
which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
WILLIAM G. BERG, JR.
CITY CLERK
STATE OF IDAHO, )
: ss:
County of Ada, )
On this day of , in the year 2003, before me, a Notary
Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the
City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
(SEAL)
Notary Public for Idaho
Commission Expires:
Z:\ Work\M\Meridian\Meridian I 5360MlAdministration\Celt of Clerk Contract Extension for City of Boise 10 03 03.dcc
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
PAGE 2 OF 2
Will Berg
From:
Sent:
To:
Cc:
Subject:
Marlene St. George [ms@WHITEPETERSON.com]
Friday, October 03, 2003 4:02 PM
'Will Berg'; 'Sharon Smith'; 'Tara Green'; 'Jessica Johnson'
Bill Nichols
FW: Emailing: Boise City 03-04 proposal
~
l8
Boise City 03-04
proposal.pdf
Here you go. This was in a separate area, that I couldn't pull up when I
emailed the other Boise City documents to you. You should now have
everything you need, and again, hard copies to come over on Monday, October
6th.
Thanks,
Marlene
<<Boise City 03-04 proposal.pdf>>
1
,.rt' ..
,w?{
CAROLYN TERTELING-PAYNE
MAYOR
COUNCIL MEMBERS
I
LEGAL DEPARTMENT
ROGER E. COCKERILLE
CITY ATTORNEY
BOISE
CITY OF TREES
~
M. JEROME MhPP
COUNCIL PRESIDENT
VERNON L. BISTI::RI'EI.DT
PAULA B. fORNEY
MARYANNE JORDAN
III..AN W. SHEALY
JON MASON
COUNCIL PRO TEl.!
August 5,2003
Mr. Will Berg
Meridian City Clerk
33 East Idaho
Meridian, ill 83642
RECEIVED
AUG 1 1 2003
City Of Meridian
City Clerk Office
Subject:
City Prosecutor/Criminal Legal Services for Meridian City
Dear Mr. Berg;
Since we are more than halfway through our contract period with Meridian City for prosecution
and criminal legal services, I thought this was an appropriate time to initiate discussions about a
possib Ie extension.
Boise City bas been very pleased with our cooperative venture in this area. We have
successfully integrated Meridian's services into our current workload, with the addition of the
staff described in the original proposaL After we assessed the initial impact, we also added
another part-time prosecutor that was not contemplated in our original bid.
At this point, I would recommend that the City of Meridian renew our contract to provide
prosecutor/criminal legal services at an annual cost of$161,160 for the period from October 1,
2003, through September 30, 2004. This represents an overall bid increase of 6%, which
includes both a 3% inflationary increase as well as the cost of the additional part-time attorney.
Again, we propose that you opt to accept the expanded victim/witness services at a slight
inflationary increase. We also propose that you agree to sign over your JAIBG allotment to
Boise City and provide a one~time match of$1,076 so that we could continue to provide juvenile
accountability services. The details of our bid are included in the enclosed proposal.
CITY HALL. 150 N. CAPITOL. BOULEVARD. P.O. BOX 500. BOISE. IDAHO 83701-0500.208/384-3870
FAX 208/384-4454. An Equal opportunity Employer . www.cityofbolse.org-
C Prin,ed on recyckd p.per C
~
August 5, 2003
Page 2
I also have enclosed copies of our latest contract report for your Mayor and City Council. This
information illustrates the services that we are providing to you and your citizens, provides
specific statistical information, and lists our accomplishments since the last time we reported to
you in February 2003.
I hope you find this proposal satisfactory and look forward to your response. We would be
happy to prepare a formal presentation for your Mayor and City Council if you so choose. In the
meantime, it has been a pleasure working with your City on this contract, and I believe it has
benefit e City of Boise as well as the City of Meridian.
REC/dq
Enclosures
//
CONTRACT EXTENSION - FY-2004
Prosecution and Criminal Lef!sl Service for the City of Meridian
Cost for Services
The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to
be billed in monthly installments to provide the selVices described in this proposaL
PrimarvLegal SelVices
Primary prosecutoriallegal selVices include:
· Prosecutorial intake screening and review of all police-generated reports and citations;
· Timely filing decision and notification back to MPD and customer;
· Prosecution of infractions and misdemeanors occurring within the Meridian City limits or
pursuant to the Memorandum of Understanding between MPD and BPD;
· Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving
MPD, including infractions, misdemeanors, and felony cases;
· Coverage of the caseload in Family Violence Court.
Primary civil legal advice and guidance to the Meridian Police Chief and MPD include:
· Access to members of the Public SafetylEnterprise team for immediate assistance 24
hours a day, 7 days a week through cell phone and/or pager under MPD's protocol;
· On-site legal selVices by the dedicated assigned Police liaison attorney two days each
week;
· Written responses to Legal Information Requests approved by the Meridian Police Chief;
· Routine review and approval ofthe MPD's public records requests and property
dispositions;
· Superior legal training for Block Training, Advanced Academy, on search and seizure,
public record requests, property dispositions, internal affairs, and civil liability;
· Training on other needs (including those identified through the screening process) by
request of the Meridian Police Chief;
· Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth
Circui 1.
Basic VictimIWitness services include:
· Timely contact with victims (either by telephone or automated letter notice) by a
victim/witness coordinator to advise of victim rights on all assumed cases;
· Preparation of victims/witnesses for domestic violence-related cases (domestic assault,
domestic battery, violation of no contact order, violation of protection order, stalking,
telephone harassment when associated with one of the preceding, and malicious injury to
property when associated with one ofthe preceding) and all cases with restitution;
· Coordination and liaison with prosecutor on the above-mentioned cases.
Annual Cost - $161,160
Monthly Installment - $13,430
~
Ootional Services
Boise City also provides two optional services to Meridian:
I
I
I
I
I
· On.call victim/witness services (2417) for both misdemeanor and felony domestic
violence-related cases and any other violent crimes, including sexual assault, rape. etc.
S52/hour + mileage* to and from the crime scene, victims' locations, or court
*Mileage will correspond with tbe City of Boise's mileage rate (currently
SO.036S/mile)
· Juvenile Accountability Services for all juveniles with first-time tobacco and alcohol
tickets, including two afternoons each week onsite for assessments, initial and exit
interviews, scheduling of education classes and commwrity service, and formal
complaints for the tickets of those who do not qualify, who fail to complete the program.
or who re-offend within 12 months of the first offense. In order to implement this
portion, Meridian City signs over its $9,680 JAlBG dollars to Boise City and pays the
required match of$I,076.
Meridian's Match Payment - $1,076
FFYOl JAIBG dollars - S9,680..
**Federal dollars assigned from Meridian City to Boise City
Page 1 of 1
Will Berg
From: Marlene St. George [ms@WHITEPETERSON.com]
Sent: Friday, October 03,20033:59 PM
To: 'Will Berg'; 'Sharon Smith'; 'Tara Green'; 'Jessica Johnson'
Cc: 'rcockerille@cityofboise.org'; Bill Nichols
Subject: Boise City's Addendum NO.1 to Agreement, Resolution, Cert. of Clerk, and Borse City letter dated
August 5, 2003
Please find attached for placement upon an upcoming Council meeting the following documents for
Boise City:
Cover memo
Addendum No.1 To Agreement For City Prosecutor/Criminal Legal Services Dated November
1, 2003
Resolution
Certificate of Clerk
Boise City letter dated August 5, 2003 - via separate email.
Additionally, hard copies of all the above documents will be hand delivered by our runner on
Monday, October 6, 2003. If you need anything further, please let me know. Thank you, Marlene.
Thank you,
Marlelle St. GeoJ'ge
Legal Assistant to Wm. F. Nichols
White Peterson
5700 East Franklin Road, Suite 200
Nampa, Idaho 83687-8402
208-466-9272 Ext. 111
mS@whitepeterso/l.com
Confidentiality Notice: This email message may contain confidential and privileged infonnation
exempt from disclosure under applicable law. If you have received this message by mistake, please
notifY us immediately by replying to this message or telephoning us, and do not review, disclose,
copy, or distribute this message. Thank you
~'<\>" ,,+. e.; R+'P " >,it"';.. ,,~., 'f 'tot. '~"'''''~11''''~~) ~..w" ~104~' ',~+., {""$-.".~..."..
* foy~yLtw - Oc-l::o~r- )4,2()\)3 tl~ CcLvtteA l
10/412003
Interoffice
MEMORANDUM
To:
William G. Berg, Jr.
From:
Wm. F. Nichols
Subject:
Addendum No.1 To Agreement For City Prosecutor/Criminal Legal Services
Dated November 1, 2002, ResolutionlCert of Clerk for Boise City
Prosecutor/Criminal Legal Services Contract Extension
Date:
October 4, 2003
Will:
Please find attached the originals of the Addendum No.1, Resolution, Certificate
of Clerk, and a copy of Boise City's cover letter dated August 5, 2003 for the above matter. This
matter is now ready to be placed upon an upcoming City Council meeting.
If you have any questions please give me a call.
Z:\Work\M\Meridian\Meridian 15360M\A.dministratjon\Berg Memo Boise City K Extension 10 03 03.do:::
ADDENDUM NO.1 TO AGREEMENT FOR
CITY PROSECTOR/CRIMINAL LEGAL SERVICES
DATED NOVEMBER 1, 2002
The following is an addendum to that certain Agreement For City
Prosecutor/Criminal Legal Services between the City of Meridian, a municipal
corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter
referred to as "City"), and the City of Boise, a municipal corporation organized and
existing by virtue of the laws of the State of Idaho (hereinafter referred to as "Boise"),
specifically to the sections pertaining to 4.1, 4.1.2 and 4.2 Payment For Services, which
are subsequent to entering into ofthe original Agreement For City Attorney/Civil Legal
Services dated November 1, 2002.
The parties hereto agree as follows:
1. Pursuant to the Payment For Services under Section 4.1 of the original
Agreement, Section 4.1 is modified to read as follows:
4.1 As compensation for all Primary Legal Services, including all out-
of-pocket expenses incurred by Boise in performing the Primary
Legal Services, Meridian shall pay Boise the total sum of thirteen
thousand four hundred thirty and OOIlOOths dollars ($13,430.00)
per month, with the annual total cost of$161,160.00.
2. Pursuant to the Payment For Services under Section 4.1.2 of the original
Agreement, Section 4.1.2 is modified to read as follows:
4.1.2 In addition to the monthly retainer amount, Meridian shall execute
a waiver to transfer the JAIBG grant funds (in the approximate
amount of$9,680.00) previously assigned to Meridian to Boise,
along with a one-time match by the City of Meridian of$1,076.00.
3. Pursuant to the Payment For Services under Section 4.2 ofthe original
Agreement, Section 4.2 is modified to read as follows:
4.2 Compensation for victim/witness services performed by Boise at
the request of Meridian shall be paid at the rate of $52.00 per hour for
services performed by Boise's victim witness coordinators (who shall be
available 24 hours a day 7 days a week and who shall also provide follow-
up for all violent misdemeanor crimes), plus reimbursement for mileage to
and from the Boise City victim witness coordinator office, to and from the
crime scene, victims' locations, or court, in the amount of$0.0365 per
mile.
4. Except as modified by this Addendum No.1, the original Agreement For
City Prosecutor/Criminal Legal Services between the City of Meridian and the City of
Boise dated November 1, 2002, is hereby ratified and confirmed.
IT IS SO AGREED.
IN WITNESS WHEREOF, the parties have executed this Addendum No. 1 on
this day of ,2003.
CITY:
CITY OF MERIDIAN
BY:
Mayor Robert D. Corrie
ATTEST:
BY:
William G. Berg, Jr., City Clerk
BOISE CITY:
CITY OF BOISE
By:
Mayor
ATTEST:
BY:
City Clerk
STATE OF IDAHO, )
: ss:
County of Ada, )
On this day of ,2003, before me, a Notary
Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or
identified to me to be the persons whose names are subscribed. to the within and
foregoing instrument as the Mayor and City Clerk, respectively, of the City of Meridian,
and who acknowledged to me t~at they executed the same for the City of Meridian.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and
year first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO, )
: ss:
County of Ada, )
,2003, before me, a Notary
and
, known or identified to me to be
the persons whose names are subscribed to the within and foregoing instrument as the
Mayor and City Clerk, respectively, of the City of Boise, and who acknowledged to me
that they executed the same for the City of Boise.
On this day of
Public, personally appeared
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and
year first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
Z:\Work\M\Meridian\Meridian 15360M\Administration\Adden No.1 to Agmt for City Prose Criminal Legal Services for Boise City
10 03 03.doc
RESOLUTION NO
BY:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER
INTO, ON BEHALF OF SAID MUNICIPALITY, A CONTRACT EXTENSION ENTITLED
"ADDENDUM NO.1 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL
SERVICES DATED NOVEMBER 1,2002", BY AND BETWEEN THE CITY OF MERIDIAN
AND THE CITY OF BOISE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to continue its current
agreement for prosecutor/criminallegal services and enter into a contract extension with the City
of Boise, denoted as "ADDENDUM NO.1 TO AGREEMENT FOR CITY
PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002", a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for
which are as set forth in said contract extension, and to include a part-time prosecutor not
contemplated in the original bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MA YOR AND CITY COUNCIL as
follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian that certain contract extension with the City of Boise, entitled "ADDENDUM NO.1
TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED
NOVEMBER 1,2002", by and between the City of Meridian and the City of Boise, a copy of
which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
RESOLUTION FOR THE CITY OF BOISE - CONTRACT EXTENSION - FY-2004
PROSECUTION AND CRIMINAL LEGAL SERVICE FOR THE
CITY OF MERIDIAN COST FOR SERVICES
PAGE 1 OF 2
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of
,2003.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ day of
, 2003.
MAYOR
ATTEST:
CITY CLERK
Z:\Work\M\Meridian\Meridial1 15360M\Administration\RESOLUTION FOR CONTRACT EXTENSION FOR CITY OF BOISE [003 03.do::
RESOLUTION FOR THE CITY OF BOISE - CONTRACT EXTENSION - FY-2004
PROSECUTION AND CRIMINAL LEGAL SERVICE FOR THE
CITY OF MElUDIAN COST FOR SERVICES
PAGE 2 OF 2
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws ofthe State ofIdaho, with its principal
office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and minutes
and do hereby certify that on the day of , 2003, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER
INTO, ON BEHALF OF SAID MUNICIPALITY, A CONTRACT EXTENSION ENTITLED
"ADDENDUM NO.1 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL
SERVICES DATED NOVEMBER 1, 2002", BY AND BETWEEN THE CITY OF MERIDIAN
AND THE CITY OF BOISE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests ofthe City of Meridian to continue its current
agreement for prosecutor/criminallegal services and enter into a contract extension with the City
of Boise, denoted as "ADDENDUM NO.1 TO AGREEMENT FOR CITY
PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002", a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for
which are as set forth in said contract extension, and to include a part-time prosecutor not
contemplated in the original bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as
follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian that certain contract extension with the City of Boise, entitled "ADDENDUM NO.1
TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
PAGE 1 OF 2
NOVEMBER 1,2002", by and between the City of Meridian and the City of Boise, a copy of
which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
WILLIAM G. BERG, JR.
CITY CLERK
STATE OF IDAHO, )
: 58:
County of Ada, )
On this day of , in the year 2003, before me, a Notary
Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk ofthe
City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
(SEAL)
Notary Public for Idaho
Commission Expires:
Z:\Work\M\Melidian\Meridian I 5360M.AdminiSlration\Cert of Clerk Contract Extension for City of Boise 10 03 03.doc
CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN
PAGE 2 OF 2
Will Berg
From:
Sent:
To:
Cc:
Subject:
Marlene St. George [ms@WHITEPETERSON.com]
Friday, October 03, 20034:02 PM
'Will Berg'; 'Sharon Smith'; 'Tara Green'; 'Jessica Johnson'
Bill Nichols
FW: Emailing: Boise City 03-04 proposal
~
Boise City 03-04
proposal.pdf
Here you go. This was in a separate area, that I couldn't pull up when I
ernailed the other Boise City documents to you. You should now have
everything you need, and again, hard copies to come over on Monday, October
6th.
Thanks,
Marlene
<<Boise City 03-04 proposal.pdf>>
1
,.r"^ ; .'
._ t?1
'lo'V \
CAROLYN TERTELING-PAYNE
MAYOR
COUNC1L MEMBERS
1
LEGAL DEPARTMENT
ROGER E. COCKERILLE
CITY ATTORNfY
BOISE
~
M. JEROME MAPP
COUNCIL !'fll!SIPENT
VERNON L. B!STERFELDT
PMJLA B. FORNEY
MARYANNE JORDAN
M.AN W. SHULY
ION MASON
COUNCIL Pl\O TEM
August 5, 2003
Mr. Will Berg
Meridian City Clerk
33 East Idaho
Meridian, ID 83642
RECEIVED
AUG 1 1 2003
City Of Meridian
City Clerk Office
Subject:
City Prosecutdr/Criminal Legal Services for Meridian City
Dear Mr. Berg;
Since we are more than halfway through our contract period with Meridian City for prosecution
and criminal legal services, I thought this was an appropriate time to initiate discussions about a
possib Ie extension.
Boise City has been very pleased with our cooperative venture in this area. We have
successfully integrated Meridian's services into our current workload, with the addition of the
staff described in the original proposaL After we assessed the initial impact, we also added
another part-time prosecutor that was not contemplated in our original bid.
At this point, I would recommend that the City of Meridian renew our contract to provide
prosecutor/criminal legal services at an annual cost of$161,160 for the period from October 1.
2003, through September 30, 2004. This represents an overall bid increase of 6%, which
includes both a 3% inflationary increase as well as the cost of the additional part-time attorney.
Again, we propose that you opt to accept the expanded victim/witness services at a slight
inflationary increase. We also propose that you agree to sign over your JAIBG allotment to
Boise City and provide a one-time match of$1,076 so that we could continue to provide juvenile
accountability services. The details of our bid are included in the enclosed proposal.
CITY HALL. 150 N. CAPITOL BOULEVARD. P.O. BOX SOD. B01SE, lDMIO 83701-0500. 208/384-3B70
FAX 20B/384-4454. An Equal Opportunity Employer · www.cityofbolse.org-
of) Ptln,.d an rtC)'t1ed pap<< C
~.
August 5. 2003
Page 2
I also have enclosed copies of our latest contract report for your Mayor and City Council. This
information illustrates the services that we are providing to you and your citizens. provides
specific statistical information, and lists our accomplishments since the last time we reported to
you in February 2003.
I hope you find this proposal satisfactory and look forward to your response. We would be
happy to prepare a formal presentation for your Mayor and City Council if you so choose. In the
meantime, it has been a pleasure working with your City on this contract, and I believe it has
benefit e City of Boise as well as the City of Meridian.
REC/dq
Enclosures
//
CONTRACT EXTENSION - FY-2004
Prosecution and Criminal Leeal Service for the City of Meridian
Cost for Services
The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to
be billed in monthly installments to provide the services described in this proposal.
PrimarvLegal Services
Primary prosecutoriallega1 services include:
. Prosecutorial intake screening and review of all police-generated reports and citations;
. Timely filing decision and notification back to MPD and customer;
. Prosecution of infractions and misdemeanors occurring within the Meridian City limits or
pursuant to the Memorandum of Understanding between MPD and BPD;
. Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving
MPD, including infractions, misdemeanors, and felony cases;
. Coverage of the caseload in Family Violence Court.
Primary civil legal advice and guidance to the Meridian Police Chief and MPD include:
. Access to members of the Public SafetylEnterprise team for immediate assistance 24
hours a day, 7 days a week through cell phone andlor pager under MPD's protocol;
. On-site legal services by the dedicated assigned Police liaison attorney two days each
week;
. Written responses to Legal Information Requests approved by the Meridian Police Chief;
. Routine review and approval ofthe MPD's public records requests and property
dispositions;
. Superior legal training for Block Training, Advanced Academy, on search and seizure,
public record requests, property dispositions, internal affairs, and civil liability;
. Training on other needs (including those identified through the screening process) by
request of the Meridian Police Chief;
. Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth
Circuit.
Basic Victim/Witness services include:
. Timely contact with victims (either by telephone or automated letter notice) by a
victim/witness coordinator to advise of victim rights on all assumed cases;
. Preparation of victims/witnesses for domestic violence-related cases (domestic assault,
domestic battery, violation of no contact order, violation of protection order, stalking,
telephone harassment when associated with one of the preceding, and malicious injury to
property when associated with one of the preceding) and all cases with restitution;
. Coordination and liaison with prosecutor on the above-mentioned cases.
Annual Cost - $161,160
Monthly Installment - $13,430
",.
Ootional Services
Boise City also provides two optional services to Meridian:
. On-call victim/witness services (2417) for both misdemeanor and felony domestic
. violence-related cases and any other violent crimes, including sexual assault, rape, etc.
$S2lbour + mileage* to and from the crime scene, victims' locations, or court
*Mileage will correspond with the City of Boise's mileage rate (currently
SO.036S/mile)
. Juvenile Accountability Services for all juveniles with first-time tobacco and alcohol
tickets, including two afternoons each week onsite for assessments, initial and exit
interviews, scheduling of education classes and community service, and formal
complaints for the tickets of those who do not qualify, who fail to complete the program,
or who re-offend within 12 months of the first offense. In order to implement this
portioIl; Meridian City signs over its $9,680 JAIBG dollars to Boise City and pays the
required match of$I,076.
Meridian's Match Payment - $1,076
FFYOl JAIBG dollars - $9,680**
**Federal dollars assigned from Meridian City to Boise City
October 10,2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 14, 2003
ITEM NO.
3-13
REQUEST Water Main Easement for LOS Stake Center (McMillan and Linder):
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:
NAMP A MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See Attached Easement
~vJJ
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. '
. .
Memo
To: Mayor Conie & City Council
From: Brad Watson, P.E.
CC: File, Gary Smith, PE, City Clerk
Date: 101312003
Re: Proposed Agenda Items for October 14th City Council Meeting
"I'r"'1\""'-" .I"'~T'\VE"""""
'-(~"<<'\ad, ~:~'\;.
t \\JtI.J "J .~,J J.. , _ A 1)
OCT 0 7 2003
City Of Meridian
City Clerk Office
The Public Works Department respectfully requests that the following items be placed on the
October 14th City Council agenda, on the Consent Agenda, for Council's consideration:
~
1)
Water Main Easement for LOS Stake Center (McMillan and Linder).
Typical water main easement
Recommended Council Action: Approve the Water Main Easement for the
LOS Stake Center and authorize the Mayor to sign and City Clerk to attest.
2) License Aareement with Namoa Meridian Irrfgation District for LOS Stake Center
(McMillan and Linder) .
Typical License Agreement
Recommended Councii Action: Approve the License Agreement with Nampa
Meridian Irrigation District and authorize the Mayor to sign and City Clerk to
attest.
Thank you for your consideration.
., Page 1
WATER MAJN EASEMENT
C',P4 r ~;:'&1.hPr
Corpomtlon of !he Presldng Bishop of the Church of
,.J:/!!; Jesus Christ of latter.(!al" SaInts, a Utah Corporation sole
THIS INDENTURE, made this~ oay of J?v6" 2G::71 between . the parties of the
first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the
second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property
hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by
others; and
WHEREAS, it will l?e necessary to maintain, service and subsequently connect to said pipeline from time
to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and
valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right..of-way
for an easement for the construction, operation, maintenance, repair, replacement of a water main over
and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement at
the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easement that was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way
and easement hereby granted shall become part of, or lie within the boundaries of any public street, then,
to such eJ\..1ent, such right-of-way and easement hereby granted which lies within such boundary thereof
or which is a part thereof, shall cease and become null and void and of no further effect and shall be
completely relinquished.
Water Main Easement Page I EASMT WTR
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned and described tract ofIand, and that they have a good and lawful right to convey said
easement, and that they will warrant and forever defend the title and quiet possession thereof against the
lawful claims of all persons whomsoever.
GRANTO~l'Porallo" of the Presiding Bishop or the Church of
~; (ji:g;;;-:-oo,"
r;esiclomA 0 IZE GENT
ill WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the
day and year first herein above written. ,,1"""'....,
,,' . \$ CHF?I,s ..
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Seeret~
U?>>JJ
STATE OF ITh.'\HE> )
) 5S
County of Me-- J... )_
J!4.&.....,.,.tLc:.
On this /".?~ day of '&..,:;._.rF . 20p1, before me, the undersigned., a Notary Public in and
for said State, personally appeared r.6e'4,.-~ BOO
. known or identified to me to be the Pre . 'Z:~f_v.efY, of the corporation that
executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist
above written.
NOTARY PUBLIC
FLORA D. WRIGHT
50 E. N.TEMPLE ST. 12TH FLR.
SALT LAKE CITY, UT 84150
MY COMMISSJON EXPIRES
OCTOBER 10.2005
STATE OF UTAH
~~~,.
PUBLIC FOR ID/~HO m#
NOTARY
Residing at clAL-T L.4~.c. 4<'7/ /f'?7
Commission Expires: pL'..r- ~ 5J4f-
GRANTEE: CITY OF MERIDIAN
Robert D. Corrie, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
Water Main Easement
Page 2
EASMT WTR
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~ Land Surveying, Inc.
GPS. BOUNDARY,
TOPOGRAPEUC ANDAL. T.A
SURVEYS
CONSTRUcnON STAKING
3D SCANNING
---:-
1121 E. State street · Suite 185 · Eagle" Idaho 83616 · office: 1-288-939...7373 · folIC: 1-298-9S9-7321
~
Job No. 2002812
6-03-03
D.RL
LEGAL DESCRIPTION
FOR
LOMBARD-CON-xAD
LDS CHURCH (US TICK & LINDER)
A 20-foot wide waterline easement lying in the Northeast Quarter of the Northwest
Quarter of Sectiotl 2. Township 3 North, Range 1 West of the Boise Meridian described
as fonows~ .
Comm~noing at the North Quarter comer of Section 2, Township 3 North, Range 1 West
of the Boise Meridian and running thence S 00 15 '31 n W 38.00 feet along the North-
South centerline of said section; thence N 89015~30" W 45.68 feet to the POINT OF
BEGINNING; thence S 0044'38" W 386,93 feet; thence N 89015'30" W 252.93 feet;
thence N 0"44'39" E 386.93 feet; thence S 89015'30" E 20.00 reel; thence S 0044'39"W
15.10 feet; thence S 89015"30" E 94.55 feet; thence S 01)44'30" W 20.00 feet; thence
N g~lS.30.. W 94.55 feet;.theoce S 0044'39" W 234.34 feet; thence S 89015'30" E
41.50 feet; thence S 0044'39" W 20,00 feet; thence N 89(115'30'1 W 41.50 feet; thence
S 0044'30" W 77.50 feet; thence S 89015'30" E 16.99 fee4 thence N 0049'01" E 16.00
feet; thence S 89~lS'30" E 20.00 feet; thence S 0"49'01" W 16.00 feet; thence
S 89015'30" E 175.94 feet ; thence N OQ44'38'" E 366.93 feet; thence S 89015'30" E
20.00 feet to the point of beginning.
Exhibit "A"
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October 10, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 14, 2003
ITEM NO.
r53- f
REQUEST License Agreement with Nampa Meridian Irrigation District for LOS Stake Center
(McMillan and Linder):
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
~
01~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Mayor Come & City Council
From: Brad Watson, P.E.
CC: File, Gary Smith, PE, City Clerk
Date: 101312003
Re: Proposed Agenda Items for October 14th City Council Meeting
REC~T\Tt=i:~
.. w .l!.Jl V -wIJ
OCT 0 7 2003
City OfMericlian
City Clerk Office
The Public Works Department respectfully requests that the following items be placed on the
October 14th City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for LOS Stake Center (McMillan and Linder).
Typical water main easement
Recommended Council Action: Approve the Water Main Easement for the
LOS Stake Center and authorize the Mayor to sign and City Clerk to attest.
'*'
2)
License Aareement with Namo8 Meridian Irrigation District for LOS Stake Center
(McMillan and Linder) .
Typical License Agreement
Recommended Council Action: Approve the License Agreement with Nampa
Mend Ian Irrigation District and authorize the Mayor to sign and City Clerk to
attest.
Thank you for your consideration.
. Page 1
LICENSE AGREEMENT
Ut'4 p ~r..p,fe>F-
liCENSE AGREEI';IENT, made and entered into this $Ii day of~ ' 2003, by and
among NAMP A & MERIDIAN IRRIGATION DISTRICT, an irrigation distric org zed and existing under
and by virtue of the laws of the State ofIdaho, party of the first part, hereinafter referred to as the "District",
and
CORPORATION OF THE PRESIDING BISHOP OF JESUS CHRIST OF LATTER-DAY SAINTS,
a Utah corporation sole,
50 East North Temple Street, 12th Floor, Salt Lake City, Utah 84150
party or parties of the second part, hereinafter referred to as the "Licensee",
W !IN g.s..s.liIH:
WHEREAS, Licensee is the owner of real property (burdened with the easement of the District
hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by
this reference made a part hereof; and,
WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter
collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system,
together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch
or canal, and access the ditch or canal for those purposes; and,
WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown
on Exhibit B attached hereto and by this reference made a part hereof; and,
WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch
or canal or the District's easement in its course across the lands of the Licensee in the manner and under the
terms and conditions hereinafter set forth; and,
WHEREAS, it is necessary that the District protect absolutely its right to control any modification or
alteration of its watercourses and its right of way along its watercourses;
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the
District's easement along said ditch or canal in the manner generally described in the "Purpose of License"
attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal
by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and
maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this
reference made a part hereof.
2. This agreement pertains only to the Licensee's modification of said ditch or canal or
encroachment to the District's easement for the purposes and in the manner described herein. The Licensee
shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch
or canal in any manner not described in this agreement without first obtaining the written pennission of the
District.
3. Each facility ("facility" as used in this agreement means any object or thing of any nature
installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be
constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense
of the Licensee.
4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct
its activities within or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation water in the ditch or canal
or the delivery of irrigation water by the District;
c. an increase in seepage or any other increase in the loss of water from the ditch or
canal;
d. the subsidence of soil within or adjacent to the easement;
e. any other damage to the District's easement and irrigation works.
5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for
damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the
circumstances enumerated in the preceding paragraph, 4.a. through 4 .e., or any other damage to the easement
and trrigation works which may be caused by the construction, installation, operation, maintenance, repair, and
any use or condition of any facility.
6. Licensee agrees that the work performed and the materials used in such construction shall at
all times be subject to inspection by the District and the District's engineers, and that final acceptance of such
work shall not be made until all such work and materials shall have been expressly approved by the District.
Such approval by the District shall not be unreasonably withheld.
7. The District reserves the right, at the District's option, to remove any facility installed by the
Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which
does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said
ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees
to pay to the District, on demand, the costs which shall be reasonably expended by the District for such
purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the
District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder,
shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the
District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for
such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such
maintenance, repair or other work except that in cases of emergency the District shall attempt to give such
notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of
any kind by Licensee or any third party against the District for failure to exercise the options stated in this
LICENSE AGREEMENT - Page 2
paragraph, and Licensee shall indenmify, hold harmless and defend the District from any claims made against
the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the
negligence of the District.
8 . Neither the terms of thi s agreement, the permission granted by the District to the Li censee, the
Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance
of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule,
regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official
to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and
facilities which did not apply to the District's operations and activities prior to and without execution of this
agreement. In the event the District is required to comply with any such requirements or is subject to the
jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized
hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities
associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District,
this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility
authorized by this agreement.
9. In addition to all other indemnification provisions herein, Licensee further agrees to indenmify,
hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including
reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or
omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities
authorized by this agreement.
10_ The Licensee agrees that the District shall not be liable for any damages which shall occur to
any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee
shall install on the said easement area of the District in the reasonable exercise of the rights of the District in
the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to
suspend its use of the said easement area when the use of the easement area is required by the District for
maintenance or repair under this or any other paragraph of this agreement.
11. Licensee shall place no structures or landscaping of any kind above within the District's
easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the
District.
12. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully
resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall
be entitled to reimbursement for its costs and reasonable attorney fees from the other party.
13. The parties hereto understand and agree that the District has no right in any respect to impair
the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any
rights in its irrigation works and system incompatible with the uses to which such irrigation works and system
are devoted and dedicated and that this contract shall be at all times construed according to such principles.
14. Nothing herein contained shaH be construed to impair the right of way of the District in the
- LICENSE AGREEMENT - Page 3
said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor
shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the
transmission and delivery of irrigation water.
15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms
and conditions of this agreement, the license of the Licensee under the tenns hereof may be terminated by the
District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right
of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the
District with its equipment for the maintenance of its said ditch or canal may be removed by the District.
16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the
District or by the engineers for the District in connection with the preparation of this License Agreement or in
connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees
to pay any fees incurred in connection with the recording of this Agreement.
17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or
adverse possession by the Licensee or any third party against District.
18.
third party.
This agreement is not intended for the benefit of any third party and is not enforceable by any
19. If any provision of this agreement is determined by a court of competent jurisdiction to be
invalid or otherwise unenforceable, ail remaining provisions of this agreement shall remain in full force and
effect.
20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and
feminine genders, the singular number includes the plural, and the plural number includes the singular.
The covenants, conditions and agreements herein contained shall constitute covenants to run with, and
running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the
parties hereto and on all parties and all persons claiming under them or either of them, and the advantages
hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns.
NAMPA & MERIDIAN IRRIGATION DISTRICT
"
1tA~0
(".-
ATTEST:
~~~
Its Secretary
LICENSE AGREEMENT - Page 4
ATTEST:
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CORPORATION OF lliEPRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER-DAY
SAINTS, a Utah corporation sole
r:-
~ ( ~
W~Ab~
STATE OF I AHO )
) ss:
County of Canyon )
On this /5tlday of 2003, before me, the undersigned, a Notary Public in and
for said State, personally appeared h B. isseI and Daren R Coon, known to me to be the President and
Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN VilITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first abO:;~~..,o IfJ~JI ~~
~~~:"""... ~A Notary PUbli~or Idaho
~ii::) .. ..~
1 l 'tI- 0 T Ai? ~. \ Residing at 0../Jd / ,Idaho
:: .r ':. '//!~,../
· * i -.- : *! My Commission Expires: 1/1'/ /~
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STATE OF P7:41-4
)
)ss.
County of J:4~rLA/?,)
On this 5/i'1J dayof :fin....L/ ,2003, before me, the undersigned, a notary public
in and for said state, personally appeared 7"'~A'9'",c- /f'PPL' . and ,known
to be the t4QJ?I~d,UD ,th.,Dvr- and - ,respectively, of CORPORA TION OF THE
PRESIDING BISHOP OF THE CHURCH OF JESUS CHlUST OF LAITER-DA Y SAINTS, the entity that
executed the foregoing instrument, and acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
OV'r" NOTARY PUBUC
..~,*- '"'h FLORA D. WRIGHT
'~~". :t;, 50 E. N. TEMPLE ST. 12TH FLR.
~i . . iij SALT LAKE CITY, UT 84150
~ :j MY COMMISSION EXPIRES
"'...,'''; OCTOBER 10, 2005
.... . STATE OF UTAH
LICENSE AGREEMENT - Page 5
~ ~ fdA/;?.DL:'
Notary Public for a-~N
Residing at ,J'.t t! , k'r
My Commission Expires: PL" /-r~J~r
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Engineering & Surveying
GPS. BOUNDARY,
TOPOGRAPHIC AhLi ALiA
SURVEYS
CONSTRUcnON STAKING
222 E. State street · Suite 8 · Eagle, Idaho 83616 · office: 1.298-939-7373 -fax: 1~2fJ8-939-7321
Job No. 02812
R.A.M.
3-11-02
LEGAL DESCRlPTION
FOR
1HE CHURCH OF JESUS CHRIST
OF LA TTER-DA Y SAINTS
A parcel of land situated in the Northeast Quarter of the Northwest Quarter of
Government Lot 3. Section 2, Township 3 No~ Range 1 West of the Boise Meridian in
Ada County. Idaho; more particularly described as follows:
Beginning at the North quarter corner of said Section 2. thence along the North section
line of said Section 2 N89015130"W 412.16 feet to a point; thence SO'" 15'31 "W 528.45
feet parallel to the mid-section line of said Section 2; thence S89015'30"E 412.16' feet
parallel to the North section line of said Section 2 to a point on the mid-section line of
said Section 2; thence NO'" 15'31 "E 528.45 feet along the mid-section line to the real point
of beginning.
Parcel contains 5.00 acres.
Exhibit A, page 1
EXHIBIT IN
,..... I r- '"' """'" ........ 'Y
r I LC L,U,....,
JOB NAME LI7S~ ~
JOB #. 0 z.oo -, .....0 r
FILE CODE 'f-6-
LEGAL DESCRIPTION
THE soum 10 FEET OF LOT 13, BLOCK 2 OF TIIE TUMBLE CREEK SUBDIVISION
LOCATED IN SECTION 2, TOWNSHIP 3 NOR1H, RANGE I WEST, BOISE MERIDIAN IN
ADA COUNTY, IDAHO, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON ROD MARKING THE NORlH ~ CORNER OF SECTION 2,
TUWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN IN ADA COUNIT, IDAHO;
THENCE SOUlH 06 15'31" WEST ALONG TIIE \VEST BOUNDARY OF LOT 13, BLOCK 2
IN TUMBLE CREEK SOBDIVISION A DISTANCE OF 220.03 FEET TO A POINT WHICH
IS THE TRUE POINT OF BEGINNING;
TIIENCE SOUlH 8~ 44' 22" EAST A DISTANCE OF 107.80 FEET TO A POINT ON nm
NORTH MARBURG PUBLIC RIGHT OF WAY;
TIlENCE CURVING RIGHT ALONG THE NORlH MARBURG PUBLIC RIGHT OF WAY
AT RADIUS 89.01 FEET WITH CURVE DELTA 66 52' 49", CHORD BEARlNG SOUTH20Q
50' 58" WEST, CHORD LENGTH 10.68 FEET AND CURVE LENGlH OF 10.69 FEET TO A
POINT ON THE NORm MARBURG PUBLIC RIGHT OF WAY;
THENCE NORTII 89" 44' 22" WEST ALONG THE SOUTH BOUNDARY OF LOT 13,
BLOCK 2 OF11J1\.ffiLE CREEK SUBDIVISION A DISTANCE OF 104.04 FEET TO A
POINT ON TIlE WEST BOUNDARY OF LOT 13, BLOCK 2 OF TUMBLE CREEK
SUBDIVISION;
TIJENCE NORm 00 IS '31" EAST ALONG TIm WEST BOUNDARY OF LOT 13, BLOCK 2
IN TIJMBLE CREEK SUBDIVISION A DISTANCE OF 10.00 FEET TO TIffi TRUE POINT
OF BEGINNING;
AN AREA OF 0.02 ACRES, MORE OR LESS.
Exhibi t A, page 2
IOF
.'. .~"""~ ~.wc:!ir". . ,..,~~,~":.~:.,., m'1d.~..__ _. ....~___.~.~..~
Five Mile Drain in NE1/4, S.2, i
~
T.3N, R.1W, 8.M., AdaCoun~, ~
Idaho (hJgust 1994) ~
Exhibit B
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to construct and install a sewer line across
the Five Mile Drain and the District's easement therefore, all within or near Licensee's property described in
Exhibit A, located southwest of the intersection of Linder Road and Dstick Road in Meridian, Ada County,
Idaho.
EXHIBIT D
Special Conditions
a. Construction shall be in accordance with certain plans consisting of two sheets: sheet C3. 0
entitled "McMillian & Linder Wards, Site Utilities Plan," bearing engineer's stamp dated May 14,2003; and
sheet C3.l entitled "McMillian & Linder Wards, Sewer Plan & Profile," bearing engineer's stamp dated May
14,2003. These plans have been delivered to the District's water superintendent, are in his possession in his
offices, and are hereby incorporated by this reference.
b. The Licensee recognizes and acknowledges that the license granted in this agreement by the
District pertains only to the rights of the District as owner of an easement. The District has no right or power
to create rights in the Licensee affecting the .holder oftide to the property subject to the District's easement.
Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property.
Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained
prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by
any party arising out of or related to such failure of rights and at the option of the District this agreement shall
be of no force and effect.
c. Licensee shall notify the water superintendent of the District prior to and immediately after
construction so that he or the District's engineers may inspect and approve construction.
d. Licensee shall not excavate, place any structures, plant any trees, shrubs, or landscaping or
perform any other construction or activity within or affecting the District's easement for the Five Mile Drain
except as referred to in this agreement or exhibits hereto without the prior written consent of the District. The
District's easement along this section ofthe Five Mile Drain is 100 feet, 50 feet to either side of the centerline.
e. Construction shall be completed not later than one year from the date of this Agreement. Time
is of the essence.
LICENSE AGREEMENT - Page 6
October 10, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
October 14, 2003
3-C,
ITEM NO.
REQUEST License Agreement with Nampa Meridian Irrigation District for the Jackson Drain
Pathway through Locust Grove Place 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:
NAMP A 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.
__ . _ ... __ __ . _......... J ..:;;;;/' _. f ..... CJ W . ..L. { . IU
CUtf"tbb<t'tU~
p.2
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this day of ,2003, by and
between NAMPA & MERlDIAN IRRIGATION DISTRICT, an irrigation district organized afld existing
under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as tlle
"District," and
THE CITY OF MERIDIAN; a political subdivision and
municipality of the State ofldaho (hereinafter "City").
p arty or parties of the second part, hereinafter referred to as the "Licensee,"
WIIN &~~gIH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some ofehe
District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100 102999,
records of Ada County, idaho, hereinafter referred to as the "Master Pathway Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following ina manner that is consistent with their respectivc1cgal and fiduciary responsibilities;
to enhance the City's pathway planning though early consultation between the City and the District~ to esta,blish
a process for the City's su bmission of pathway requests and the District's consideration of such requcsts~ and
to provide the general conditions for the District's approval and authorization of pathway requests affecting
thc District's ditches, property, operations and maintenance; and,
WHEREAS, the District grants to Licensee the right develop pathv'/aYs to encroach within the
District's casements along and aCross the District's ditches, canals and easements therefor upon the terms and
conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed
crossing and encroachment; and,
WHEREAS, the Licensee is the O\'\'ner of the real property easement I right of way (burdened \vith the
casement of the District hereinafter mentioned) particularly described in the "Legal Description" attached
hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District controls the irrigation ditch or canal known as JACKSON DRAIN
(hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to
convey irrigation "\-vatcr, to operate and maintain the ditch or canal, and which crosses and intersects said
described real property ofthe Licensee as shown on Exhibit B attached hereto and by this reference made a part
hereof; and,
LICENSE AGREEMENT - Page 1
OCT 09 '03 15:58
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__ . _ _ .... _ . _ "" ....." __ _. ~ ..... <:J WI'. .... r - In
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p.3
WHEREAS, the Licensee desires a license to perform construction to pave a pathway \vithin the
District's casement for the Jackson Drain under the terms and conditions of said Master Pathway Agreement
and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the panics hereto agree
as follows:
1. Licensee may perform construction involving the paving of the pathway on the ,",,'est side of
the Jackson Drain, within the District's easement for said drain, located within the Locust Grove Subdivision,
south west of tile intersection of Fairviev,' Avenue and Locust Grove Road, Meridian, Idaho.
2. Any construction, widening or crossing of said ditch or eanal shall be perfonned in accordance
with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof.
3, The permitted hours of use of the pathway shall be from _a.m. until ---p.m.
4. The parties hereto incorporate in and make part of this License Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions
of this License Agreement.
The covenants, conditions and agreements hcrein contained and incorporated by reference shaH
constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit
A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under thom or
either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto
subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as ofthe day and year
herein first above ,....'fittcn.
NAMPA & MERIDIAN IRRiGATiON DISTRICT
By
Its President
ATTEST:
Its Secretary
LICENSE AGREEMENT - Page 2
OCT 09 '03 15:59
20846644li\S
por-c Ql~
. - - . - ........... ,......... '-'. ~ ",-,., '- c:J w r-.L r - In
'::Ut:l"tbb~~U~
p.4
THE CITY OF MERIDiAN
By
ATTEST:
STATE OF IDAHO )
) ss:
County of Canyon )
On this _ day of ,2003, before me, the undersigned, a Notary Public in and for
said St'ltc, personally appeared Ralph B. Wisscll and Daren R. Coon, known to me to be the President and
Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRlCT, the irrigation district that
executed !he foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO )
) ss:
County of _ )
On this day of ,2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared and . knO\"'ll to me to be
the and , respectively, of The CITY OF MERIDIAN, the
entity that executed the foregoing instrument and ackno\vledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
Notary Public for
Residing at
My Commission Expires:
LICENSE AGREEMENT - Page 3
OCT 09 '03 15:59
20R4F.F.aaOl'"
C.f"1~t:' IA.A
. - - - - --.... ---, - - ,. L- 'l;;I .... , .L I III
C;UO"tbb"t"tU:l
p.5
EXHIBIT A
Lc~al Description
Lot ], Block 1 of the Locust Grove Place Subdivision, in the NE1/4, Section 7, Township 3 North,
Range 1 East, B.M., Meridian, Ada County, Idaho.
EXHIBIT C
Special Conditions
a. Construction of the pathway shall be in accordance with certain plans consisting of one sheet
entitled" Locust Grove Place Subdivisioll, Landscape Plan". This plan has been delivered to thc District's
water superintendent, is in his possession in his officc, and is hereby incorporated by this reference.
b, The District's easement for this section of the Jackson Drain is 50 feet, 35 feet to the left, and
15 teet to the right ofthe centerline facing downstream. Construction shall be completed not later than one year
from the date of this agreement. Time is of the essence.
LICENSE AGREEMENT ~ Page 4
OCT 09 '03 15:59
20846644ViS
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Exhibit B
OCT 09 '03 16:01
20R4hF,aalll=:
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p. 1
WHJTE PETERSON
Wm1E, PETERSON, MORROW. GIGRAY, ROSS1v1AN, NYE & ROSSMAN, P.A.
KEVlN DINlUS
JUllE KI.Er:;r FISCHER
VIM. F. G[Gll.AY, In
T. GuY HALLAM'
JlIL S. Hm.1NKA
D. SA.\MiI. JOliNSON
Wat1AMA.MoRRow
WILLl.......r F. N1Cl101S.
A TIORNEYS AT LAW
CANYON PARK AT TIlli IDAHO CENTER
5700 E. FRAo.'1KLlN RD., SUlm 200
NAMI'A, IDAHO 83687
TEL (208) 466~9272
FA,>: (208) 466-4405
ClIRJsrOffiER S. NYE
PmLIl' A. PETERsON
ERlc:1\. S. PHlLLI?S
ERIc S. ROSSMAN
TODD!'.. RO"IS.....\N
TERll.ENC5 R. Wlll'lE'.
NlCHnL,\5 L WOLUN
. AJ<Q admitted i~ OR
- Also admitted i'l WA..
FACSIMILE TRANSMISSION
Date:
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208 466 9272
-4z- (including coversheet)
To:
Company:
Fax No.:
From:
Phone:
No. of Pages:
.) "
COMMENTS:~i~(yL,d->'L/ - a d~', t!:./&-'c'C/ .-e; i..~a:C. ~ U:/L~.../~::~-( .
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This fadlrmile transmission (and/or the documents accompanyiffg it) may c6htain confidential /);""..,,[ /Li d'/
information belonging to the sender which is protected by the ATTORNEY-CLIENT PRIVILEGE. (JL f!:'..l..... ~ ;JCO$
This information is intended only for the use of the individual or entity named above. If you are ~...~ ._
not the intended recipient, you are hereby notified that any disclosure, copying, distrjbution or "-d'L.-B~fi..
the taking of any action in reliance on the contents of this information is strictly prohibited. If you ~ 0(>:'5
have received this transmission in error, please immediately notify us by telephone to arrange1{, .
for return of the documents. ~(.ru"c..
If you do not receive all pages, please call our office as soon as possible at (208) 466~9272.
The original of this faxed document will not be sent unless requested by the recipient
OCT 09 '03 15:58
2084664405
PAGE. 01
Page 1 of 1
From: Marlene St. George
Sent: Thursday, October 09,20033:57 PM OCT 1 0 2003
To: 'Sharon Smith' . arM 'di
.. I' , City en an
Cc: B]II Nichols; Will Berg City Clerk Office
Subject: License Agreement between the City and Nampa & Meridian Irrigation District for Locust Grove
Place Sub/Jackson Drain
Marlene St. George
Sharon: I was asked to get this above License Agreement to you for placement on the upcoming
Council meeting for October 14,2003. I just faxed the License Agreement to you, and by now the
whole document should be at the Clerk's office. I will have hand delivered tomorrow the two
originals of the License Agreement between the City of Meridian and the Nampa & Meridian
Irrigation District for the Locust Grove Place Subdivision/Jackson Drain. If you have any questions,
please give me a call.
Thank you,
111arlene St. George
Legal Assistant to Wm. F. Nichols
White Peterson
5700 East Franklin Road, Suite 200
Nampa, Idaho 83687-8402
208-466-9272 Ext. 111
ms@wltitep-eterson.com
Confidentiality Notice: This email. message may contain confidential and privileged infoTInation
exempt from disclosure under applicable law. If you have received this message by mistake, please
noti:fY us immediately by replying to this message or telephoning us, and do not review, disclose,
copy, or distribute this message. Thank you
'c, "4"" ~ llh'tl1. "C ll'i$4{' Ii'''}'~ ';0'i'~4; ."q. q *'''i!F$'W~''W,*,$1i'<W 'iI'<74*,~4;1I-'ii'**i!l-ii'~~,{I'\'t4'>[>*,1l>;ij;.j..,. 0'~,*+"'" ,*~+4;l>*4v%'~. oft",,?.:> ii' '"
1 0/912003
/..-.--.'
** TX CONFIRMATION REPORT **
AS OF OCT 20 '03 08:40 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
02 10/20 08:35 208 4530092
MODE MIN/SEC PGS CMD~ STATUS
EC--S 04'35" 008 253 OK
--------------------------------~~--------------~----------------------------------------~--
MERIDIAN City of Meridian
City Clerk's Office
(208) 888.4433 Fox: (208) 888-4218
33 East Idaho, Meridian. ID 83642
Fax
To: -llml6
Fox: 4l.o 3 -0092..
From: ghar t/V7..
Pages: g
Oate: ID- 2D-03
Phone:
Re:
cc:
* Urgent ~ For Review
o Please Comment 0 Please Reply
o Please Recycle
6h-9frwJ.,s WiU Ix ixUJoJlrkd +0 !fa< ~
~\~VlCC+u.teJ -fhw wee~ - ThMttt IfU-!
MERIDIAN City of Meridian
City Clerk's Office
(208) 888-4433 Fax (208) 888-4218
33 East Idaho, Meridian, ID 83642
Fax
To: (LrvL; ()
Fax: Lj to 3 -009 L
From:
ghart1VL
g
![).- 2tJ-03
Pages:
Phone:
Date:
Re:
cc:
* Urgent ~ For Review
o Please Comment 0 Pleose Reply
o Pleose Recycle
(5)hWr1tUs Wi~ Ix 1xWCUl~ -Tv {j-CU j;y
),'~V((A--+UVS -I:hLo UJfet- - (hMt';i fJOtl!
MAYOR
Robert D. Con'ie
{;~-;; .
?;..y.-J}.
"'" j ~Ic~l'
cU'e;;d/;;~ t; "
IDAHO
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
""(!
\'
\I
,/
t
/f
7~
Qlru:E
\ 1903
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466-4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-5501
PUBLIC WORKS
(208) 898.5500 . Fax 887- I 297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
November 18, 2003
Nampa Meridian Irrigation District
1503 1 st Street South
Nampa, Idaho 83651
Re: License Agreement for Jackson Drain Pathway through Locust
Grove Place Subdivision
Dear Sirs,
Enclosed you will find two original documents as referenced above. Please pursue the
proper signatures and return one original to my office as soon as possible.
You may contact our office at (208) 888-4433 if you have any questions or concerns.
Sincerely,
~hQ)l~~
Sharon Smith
Deputy City Clerk
enc.
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Oftlce Fax (208) 888-42l8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-48] 3
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this _ day of , 2003, by and
between NAMP A & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing
under and by virtue of the laws of the State ofIdaho, party of the first party, hereinafter referred to as the
"District," and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State ofIdaho (hereinafter "City").
party or parties of the second part, hereinafter referred to as the "Licensee,"
W I I N gs..s. g1 H:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of the
District's easements and fee title lands dated December 19,2000, recorded as Instrument No. 100102999,
records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities;
to enhance the City's pathway planning though early consultation between the City and the District; to establish
a process for the City's submission ofpathway requests and the District's consideration of such requests; and
to provide the general conditions for the District's approval and authorization of pathway requests affecting
the District's ditches, property, operations and maintenance; and,
WHEREAS, the District grants to Licensee the right develop pathways to encroach within the
District's easements along and across the District's ditches, canals and easements therefor upon the terms and
conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed
crossing and encroaclunent; and,
\VHEREAS, the Licensee is the owner of the real property easement / right of way (burdened with the
easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached
hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District controls the irrigation ditch or canal known as JACKSON DRAIN
(hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to
convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said
described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part
hereof; and,
LICENSE AGREEMENT - Page 1
WHEREAS, the Licensee desires a license to perfonn construction to pave a pathway within the
District's easement for the Jackson Drain under the tenns and conditions of said Master Pathway Agreement
and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree
as follows:
I. Licensee may perfonn construction involving the paving of the pathway on the west side of
the Jackson Drain, within the District's easement for said drain, located within the Locust Grove Subdivision,
south west of the intersection of Fairview Avenue and Locust Grove Road, Meridian, Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be perfonned in accordance
with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof.
3. The permitted hours of use of the pathway shall be from _a.m. until -p.m.
4. The parties hereto incorporate in and make part of this License Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions
of this License Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to run with, and ruMing with, all ofthe lands of the Licensee described in said Exhibit
A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or
either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS "WHEREOF, the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto
subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year
herein first above written.
NAMP A & MERIDIAN IRRIGATION DISTRICT
By
Its President
ATTEST:
Its Secretary
LICENSE AGREEMENT - Page 2
THE CITY OF MERIDIAN
ATTEST:
() hCU1 (118 rYG( +h
~f)U.JVj C/~ i\) GLu\ i0 -
STATE OF IDAHO )
) ss:
County of Canyon )
p(e~t cLvVL"t
bt t~ *0 (0 ttVWl' l
10 --14 -03
,
,
~"
'-
....
On this _ day of ,2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared Ralph R Wissell and Daren R. Coon, known to me to be the President and
Secretary, respectively, of NAMP A & MERIDIAN IRRIGA nON DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
In this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO
)
) ss:
)
County of Acl 0__
On this rl'}-{...Jayof DcAubo\ ,2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared ""\ClY'r'"Wru.uid.,Je..ea:\ and $t-1 ClJ I Y1. I) Y'''l.;: -~ ,known to me to be
the e;..tulctvrtrlJ ?l'pf) ide"....-\: and f.tf'~(..i1v. CWtk:.....> , respectively, of The CITY OF MERIDIAN, the
entity that executed the foregoing ins rument ~d acknowledged to me that such entity executed the same.
"t."""1/1/1/1/
~, 'f.
. ft~"J have hereunto set my hand and affixed my official seal, the day and year
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My Commission Expires: q. '2-B ~
LICENSE AGREEMENT - Page 3
EXHIBIT A
Legal Description
Lot I, Block 1 of the Locust Grove Place Subdivision, in the NE1I4, Section 7, Township 3 North,
Range 1 East, B.M., Meridian, Ada County, Idaho,
EXHIBIT C
Special Conditions
a. Construction of the pathway shall be in accordance with certain plans consisting of one sheet
entitled" Locust Grove Place Subdivision, Landscape Plan", This plan has been delivered to the District's
water superintendent, is in his possession in his office, and is hereby incorporated by this reference.
b. The District's easement for this section of the Jackson Drain is 50 feet, 35 feet to the left, and
15 feet to the right of the centerline facing downstream. Construction shall be completed not later than one year
from the date of this agreement. Time is of the essence.
LICENSE AGREEMENT - Page 4
Jackson Stub Drain in NE 1/4J
8.7, T.3N, R.1 E., B 1M., Ada
County, Idaho (August 1994)
Exhibit B
Meridian City Council
October 14, 2003
Page 2 of 45
De Weerd: Uh-huh.
Nary: With all of those changes as noted by you, I'd move to approve the agenda as
published.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve the agenda as amended.
I will go over those amendments one more time, just for everyone's informatIon. Item 3-
A will be tabled until October 21 sf. 3-D will be pulled to Item 5 on the regular agenda.
Item 7 will be continued for one week to October 21 s1. Item 11 to October 21 st.
Twelve, thirteen, and fourteen, as well, to October 21 st. It looks like we are going to
have a full agenda already next week and then, Item 21 will be November 25th. All
those in favor of the motion say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 3:
Consent Agenda:
A. Tabled from October 7, 2003: Resolution No.
Approving the Memorandum of Understanding with Meridian
Firefighters Local 2311 regarding Wages:
B. Approve minutes of September 23, 2003 City Council Regular
Meeting:
C. Approve minutes of September 23,2003 Pre-Council Meeting:
E. Water Main Easement for LOS Stake Center (McMillan and
Linder):
F. License Agreement with Nampa Meridian Irrigation District for
LDS Stake Center (McMillan and Linder):
G. License Agreement with Nampa Meridian Irrigation District for
the Jackson Drain Pathway through Locust Grove Place
Subdivision:
H. Agreement for Professional Services for Meridian
Development Corporation (MDC) Water Main Upgrades on East
2nd Street and Bower Street - Civil Survey Consultants:
I. October 2003 Addendum to Development Agreement
Correcting the legal description for AZ 00-026 Bear Creek
Subdivision No.6 (fka / approved as Kodiak Development):
MerJdian City Coundl
October 14,2003
Page 3 of 45
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda with the changes of 3-A being tabled
to October 21st, 2003. D, the resolution for Prosecutor / Criminal Legal Services, be
moved to 5-0 on the regular agenda and would ask for the Council President and the
Clerk -- to sign and the clerk to attest on all proper papers and I'd move that we approve
the Consent Agenda.
McCandless: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda as
amended. Mr. Clerk, roll call.
Nary: Madam President, could I ask a question before we do that?
De Weerd: Uh-huh. Mr. Nary.
Nary: Since we moved Item 7 -- or tabled it to 10/21, is Item I on the Consent Agenda,
that appears to relate to the same development, is it okay to approve this or should we
have moved that, too? That's the addendum to the development agreement regarding
the same subdivision phase, so I didn't know --
De Weerd: Mr. Nichols?
Nichols: Madam President, Members of the Council, that's correct. It should be moved.
Nary: Okay.
Bird: I will change my -- if the second --
McCandless: Second agrees.
Bird: I will change to move Item I on the Consent Agenda to 10/21/03.
De Weerd: To 10/21/ 03? We were pulling 0 to Item 5.
Bird: But that's got to go along with Item No.7, which is going on the regular --
De Weerd: Okay. Thank you. Mr. Clerk.
Roll-Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
october 10,2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT
october 14,2003
ITEM NO.
3-1-1
REQUEST Agreement for Professional Services for Meridian Development Corporation (MDC)
Water Main Upgrades on East 2nd and Bower Street -- Civil Survey Consultants:
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 Memo / Agreement
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materiais presented at public meetings shall become property of fhe City of Meridian.
City of Meridian
Public Works Dept.
Memo
RT;1npI~TE
.~. ~~0~J \t." D
OCT 0 9 2003
To: Brad Watson
From: Lenard Grady ~2.
cc: Gary Smith
Date: 10/9/2003
City Of Meridiul1
City Clerk Office
Re: Proposed Agenda Items for October 14, 2003 City Council Meeting
The Public Works Department respectfully requests the following item(s) be placed on the
October 14 City Council consent agenda:
MDC Water Main Upqrades on 2nd Street and Bower Attached is a contract with Civil Survey
for design of an upgrade to several water mains on 2nd street and Bower. This work will be
associated with ACHD's Franklin Road Storm Water Conveyance Project. This area is part
of the future Meridian Development area. The contract is for $1 ,500.
Recommended Council Action: The Public Works Department recommends
that City Council approve the $1,500.00 contract with Civil Survey for design of
the MDC Water Main Upgrades on 2nd Street and Bower 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.
From the desk of...
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E. Watertower, Suite 200
Meridian, Idaho 83642
. Page 1
(208) 898-5500
Fax: (208) 887-1297
gradyl@meridiancity.org
Glenn K. Bennett, P.LS.
President
Civil Survey Consultants, Inc.
] 00 South Adkins Way
Suite 101
Meridian, Idaho 83642
(208)888-4312
Fa,"{ 888-0323
Timothy A. Burgess, P.E.
Vice Presi dent
October 9, 2003
Len Grady
City of Meridian
660 E. Watertower
Meridian, ID 83642
Re: Water Main Upgrades - 2nd Street and Bower Street
Dear Len:
Thank you for considering Civil Survey Consultants to provide professional services for design of a
water main upgrade associated with ACHD's Franklin Road Storm Water Conveyance Project. The
following is our understanding of the scope of services to be provided:
The proposed water main upgrade begins at the intersection of Meridian Road and Bower Street; extends
east to 211d Street, then south to Franklin Road. New parallel 8-inch water mains will be installed and all
existing services transferred over to the new main. All existing fire hydrants will be removed and
replaced with new hydrants. Additional hydrants will be installed as directed by the City of Meridian.
The existing mains will be abandoned in place once all services are transferred over to the new mains.
The water main replacement project will be bid and constructed as part of ACHD's Franklin Road
Project No. 501019.0. The plans will be prepared to be included in the ACHD bid package along with
special provisions and a bid schedule. The plans wi]] be prepared using construction drawings prepared
by ACHD for the stoml water conveyance project.
Construction services will not be provided under this agreement.
We propose to provide the Design Services as outlined above on a time and materials basis with a not to
exceed amount of$ 1,500.00 without prior approval of the City of Meridian.
If the proposed scope of services and fee estimates are acceptable please sign and return one copy of the
enclosed Agreement for Professional Services.
Sincerely,
Civil Sm-vey Consultants, Inc.
f~
Tim Burgess, P.E.
CIVIL SURVEY CONSULTANTS, INC.
AGREEMENT FOR PROFESSIONAL SERVICES
Project No. 02024
THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY
CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this _day of
, 2003. The CLIENT and CSC in consideration of their mutual covenants
herein agree as set fOIth below.
The Client intends to replace existing water mains and appurtenances in Bower Street between Meridian Road and 2nd Street,
and 2nd Street between Bower Street and Franklin Road as part of Ache's Franklin Road Storm Water Conveyance Project
No. 501019.0, hereinafter referred to as the PROJECT.
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information
as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements,
flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which
CLIENT will require to be incorporated in the Drawings and Specifications.
The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings,
probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and
equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property
descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be
available; all of which CSC may use and rely upon in performing services under this Agreement.
The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform
services under this Agreement.
SERVICES TO BE PERFORMED BY CSC
CSC will provide services as outlined in tl1e attached letter dated February 13,2003.
BASIS OF FEE AND BILLING SCHEDULE
The Client will pay CSC for services provided under this Agreement per the attached letter dated October 9,2003.
Notice to Proceed, either verbal OT written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS
AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND
CONDITIONS. IN WITNESS \VHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
City of Meridian
33 E. Idaho Avenue
Meridian, Idaho 83642
Civil Survey Consultants, Inc.
100 South Adkins Wa ite 101
Meridian, I 3642
BY:
BY:
NAME:
TITLE:
AITESTBY:
NAME:
TITLE:
APPROVED BY CITY COUNCIL:
Timothy A. Burgess, Vice President
CIVIL SURVEY CONSULTANTS, INC.
TERMS AND CONDITIONS
GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project
described in this Agreement. These services will be performed in accordance with generally accepted professional practices
for the intended use of the project. CSC makes no other warranty either expressed or implied.
CSC shall not be responsible for acts or omissions of any paJty involved in the Project other than their own. CSC shall not
be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations
issued by CSC.
CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not 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 Contractor(s) or for any failure of Contractor(s) to
comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their
work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume
responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents.
The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points
and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional
services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by
professionals providing soils testing or geotechnical advice.
Resetting of survey and/or construction stakes shall constitute extra work and shan be paid for on a time and material basis in
addition to any other payment provided in this Agreement.
OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional
services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor,
materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over
competitive bidding or market conditions. TIle CLIENT understands that CSC opinions of cost are based on esc experience
and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or
estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSc. The CLIENT
agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of
PROJECT costs.
Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, dlen those services shall be
considered additional and beyond the scope ofthis Agreement unless specifically stated otherwise in this Agreement.
REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by esc. The
CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to
indemnify and hold cse harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all
work products prepared by CSC for the PROJECT.
GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of
this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this
Agreement.
SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors,
administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in
respect of all covenants, agreements and obligations of this Agreement.
Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than
CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of CLIENT and CSC and not for the benefit of any otller party.
TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses
incurred. CLIENT shall make prompt montJlly payments. If CLIENT fails to make any payment due CSC for services and
{
expenses within thirty (30) days . receipt of CSC's statement therefor, the amo'uULs due CSC will be increased at the rate
of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend
services under. this Agreement until CSC has been paid in full all amounts due for services, expenses and charges.
TERMINA TION - The obligation to provide finiher services under this Agreement may be terminated by either party upon
thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the
tenns and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating
party. If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses
incurred to the date of such termination.
HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not
anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there
is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous
materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC
and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take
inunediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon
as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The
CLIENT encourages esc to take any and all measures that in CSC's professional opinion are justified to preserve and protect
the health and safety of esc's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC
for the additional cost of such work. In addition, the CLIENT waives any claim against cse, and agrees to indemnify,
defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated
hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and
expenses incurred by CSC in defense of any such claim, witl1 such compensation to be based upon CSC's prevail ing fee
schedule and expense reimbursement policy.
DISPUTE RESOLUTION - All claims, disputes or controversies ansmg out of, or in relation to the interpretation,
application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed
alternative dispute resolution technique. Tlle CLIENT and CSC agree non-binding mediation or other mutually acceptable
alternative dispute resolution technique shall precede litigation or recourse to other judicial forums.
RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal actiOn is brought by either party against the
other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other
judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's
fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing
party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others,
preparing for depositions, responding to interrogatories, and so on. The value oftime spent and the expenses incurred shall,
on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the
recovery of direct project costs.
EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and
esc and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended
only by written instrument signed by botb CLIENT and CSC.
Glenn K. Bennett, P.L.S.
President
Timothy A. Burgess, P.E.
Vice President
Labor:
Civil Survey Consultants, Inc.
100 South Adkins Way
Suite 101
Meridian, Idaho 83642
(208)888-4312
Fax 888-0323
CIVIL SURVEY CONSULTANTS
PREVAILING FEE SCHEDULE
EFFECTIVE OCTOBER J, 2002
Project Manager - $ 90.00 per hOllr
Chief of Surveys - $ 90.00 per hour
Project Engineer - $ 70.00 per hour
Design Engineer - $ 65.00 per hour
Design/Survey Technician 1 - $ 60.00 per hour
Design/Survey Technician 2 - $ 55.00 per hour
Direct Expenses:
GPS - $ 40.00 per hOllr
Vehicle 2-Wheel Drive - $ No Charge
Vehicle 4- Wheel Drive - $ No Charge
Outside Printing - $ Cost
Long Distance Telephone - $ Cost
Sub-Consultants - $ Cost
October 10, 2003
MERIDIAN CITY COUNCIL MEETING
APPLICANT Public Works Department
Department Reports
October 14, 2003
ITEM NO.
Lj~.A.-1
REQUEST Discussion with Marvin Everett regarding Consent to Annexation Agreement for 785
South Locust Grove Road:
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMP ANY
CENTRAL DISTRICT HEALTH:
NAMP A MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER: .
/
fil/tV'
t Pur ~. ;-fU
n/f . 9 (;b'VN
r r\..~~
SeL oJiccch.tcl ~ ~Y\t0 n1ttrv/tl t. VfA.L:tC
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of fhe City of MerIdIan.
_" ____ _...._..... ..........0'1'.... ......,...,....,Vl.,.'v....~"t:
llJJ:,~illi^l~ l:'&t. 11.1::;.1"1'.
~ C1 ty Clerk
@OOl
September 15,2003
Mr. Brad Watson, P.E.
City Engineer
Public Works Dept
City of Meridian
660 E Watertower, Ste 200
Meridian 10 83642
Dear Me Watson'
RECEIVED.
SEP 1 5 2003
MERlDlAN CITY ENGiNEER
RIE
ElVEr)
OCT 1 0 2003
City Of Meridian
City Clerk Office
1 own the piece of property at 785 S locust rove Road, Meridian 10 identified as
assessor parcel # 51118142200. I presently njoya private septic system that is
affected by the proposed widening of Locust rove Road by the Ada County
Highway District CACHO)-
The drain fields run into that proposed acqui ition area and according to Central
Health and City policies can not be altered 0 my property. In addition there is
sewer service available in the front of my pro arty that was provided by the new
subdivision across the road from me. .
Through the efforts of Mr. J. Brent Smith, Rig t-of-Way consultant for the ACHD,
the only recourse we have is to hook up to th new sewer line out in front of my
ownership_ I will be willing to do this, provide my zoning does not change as a
direct result of these corrective actions, that I did not wish upon myself.
Therefore. I formally request a commitment 0 the City's part that in hooking Lip
to the sewer sefVices can be done" Prior to nnexation" because my ownership
is currently and I wish it to remail'! category" UT'.
Your favorable written response to this requ t will enable me to enter into a
negotiated settJement with ACHD, for this fall construction schedule. I know
ACHD will also appreciate a prompt respons as well.
Thank you for your attention.
~~;(~
Marvin L. Everett
785 S Locust Grove Road
Phone 343-5512 Work
OCT 10 · 03 09: 12
2088886854
PAGE. 01
September 15, 2003
lUnIUJJ'/'I\J~ r6l:.l. lJl:i.t'L -+ City Clerk I4l 001
!
I .
I/nhA) I
t.:)e. shoeJ/d fJi"dboi.l:t )/(Jdol/e a'Yt
{It; '5 J~..;;,.~ c...J ~ s~oI 0. "'~"nS'?
. z:';11'\ .Q Q. c:.""1 ~ ,.. ~ n c ~ '-' ~ I.,' ( 1C,Wf cd' Y'<r W 1'.ftI.
jtr.~;e5
RECEIVED 4/j"~ 1
SEP 15 2003 Cr)~~~'
~D~CITYENGmEER
Mr. Brad Watson, P .E.
City Engineer
Public Works Dept
City of Meridian
660 E Watertower, ste 200
Meridian 10 83642
Dear Mr. Watson'
I own the piece of property at7BS S Locust drove Road, Meridian 10 identified as
assessor parcel # S1118142200. I presently ~njoy a private septic system that is
affected by the proposed widening of Locust Grove Road by the Ada County
Highway District (ACHD). I
The drain fields run into that proposed acquisition area and according to Central
Health and City policies can not be altered orl my property. In addition there is
sewer seNice available in the front of my prowerty that was provided by the new
subdivision across the road from me. . 'I
Through the efforts of Mr. J. Brent Smith, Rig~t-of-way consultant for the ACHD,
the only recourse we have is to hook up to the new sewer line out in front of my
ownership. I will be willing to do this, provided my zoning does not change as a
direct result of these corrective actions, that I :did not wish upon myself.
Therefore, I fonnally request a commitment oh the City's part that in hooking up
to the sewer services can be done II Prior to Annexation" because my ownership
is currently and f wish it to remair"! category "RUT",
Your favorable written response to this requelt will enable me to enter into a
negotiated settlement with ACHD. for this fall~ construction schedule. I know
ACHD will also appreciate a prompt response! as well.
Thank you for your attention.
Sincerely. ;;:(. ~
~~ .
MalVin L. Everett
785 S Locust Grove Road
Phone 343-5512 Work
OCT 06 '03 15:09
2088886854
PAGE.01
Sharon Smith
From:
Sent:
To:
Cc:
Subject:
Brad Watson [watsonb@meridiancity.org]
Monday, October 06,20032:02 PM
'Sharon Smith'; 'Craig Hood (E-mail)'; 'Anna Powell (E-mail)'
'Will Berg'; 'Brad Watson (E-mail)'
RE: RE: Request for pre~council presentation
Sharon,
I don't really care if it's on dept. reports or not. PW and P&Z will probably have to tag
team on it since there are a couple of issues at play here. The initial discussion would
be appropriate for department reports (whether to allow sewer hookup or not) but will, I
suspect, turn into an annexation discussion. I will fax you copies of two letters
pertaining to the issue.
Thanks,
BRW
-----Original Message-----
From: Sharon Smith [mailto:smiths@meridiancity.org]
Sent: Monday, October 06, 2003 1:41 PM
To: Craig Hood (E-mail); Anna Powell (E-mail)
Cc: Will Berg; Brad Watson (E-mail)
Subject: RE: RE: Request for pre-council presentation
Craig, Anna, & Brad,
I understand you are working with this gentleman regarding Marvin
Everett, 785 S. Locust Grove. He requests placement on the Council
agenda for discussion -- Is this a department report item? we may have
room on October 14th if so (no other dept reports so far but public
hearings are full that date.) Next available would be October 21
pre-council. Input or suggestions? Was correspondence copied to us or
can you send something over to me? I see so much I don't recall this
item. Thanks!!
-----Original Message-----
From: Sharon Smith
Sent: Monday, October 06, 2003 1:35 PM
To: 'J Brent Smith'
Subject: RE: RE: Request for pre-council presentation
thank you for the info - I just wondered if this would be going to
Council without much staff involvement, as does sometimes happen with
discussion items. My apologies, I hadn't seen anything from our
departments' staff yet -- I will see what we can do for you as far as
scheduling quickly.
-----Original Message-----
From: J Brent Smith [mailto:jbsmith1@myrealbox.com]
Sent: Monday, October 06, 2003 1:20 PM
To: smiths@meridiancity.org
Cc: Sjohnson@achd.ada.id.us
Subject: Re: RE: Request for pre-council presentation
Sharon
We have been working very closely with both staff at Public Works and
your Planning and Zoning department throughout this long drawn out
process.
1
It was the recommendation of Ann Powell ,through Craig Hood ,that
prompted our original request for presentation, dating back to Sept
19th.
We have not been advised to talk this matter over with your attorney
Bill Nichols, to date. However, he has been included in the loop by
virtue of the copy of letter addressed to Mr. Everett from Brad Watson
letter dated Sept. 17, 2003 being CC: to him.
Our presentation would not take any longer than your indicated 10-15
minutes.
Can this process be expidited, if we were to meet with Mr. Nichols? I'm
sure that representatives of ACHD could join me in meeting with him ,if
it were deemed necessary or a substitute for meeting with the council.
Please advise
Brent
-----Original Message-----
From: "Sharon Smith" <smiths@meridiancity.org>
To: "J Brent Smith" <jbsmithl@myrealbox.com>
Date: Mon, 6 Oct 2003 12:12:11 -0600
Subject: RE: Request for pre-council presentation
Sir,
Do you have an idea on how much time you expect to need? I tentatively
put down 10-15 minutes (?) and have you talked to Public Works Staff or
City Attorney Bill Nichols on this?
-----Original Message-----
From: Sharon Smith
Sent: Monday, October 06, 2003 12:09 PM
To: 'J Brent Smith'
Subject: RE: Request for pre-council presentation
Thanks for your follow up on this matter - I am sorry the item didn't
make Oct 7th. Our pre-council agendas are so full this month, and have
been booked for at least a month now. I am checking on Oct 21st for you
and will try to pin the clerk down today for an approval. Thank you!
Sharon
-----Original Message-----
From: Sharon Smith
Sent: Friday, September 19, 2003 9:05 AM
To: 'J Brent Smith'
Subject: RE: Request for pre-council presentation
I will confirm this requested date (October 7th) with the City Clerk and
Mayor. Thank you.
Sharon Smith
Deputy City Clerk
Meridian City Clerks Office
ph. 888-4433 ext 210
-----Original Message-----
From: J Brent Smith [mailto:jbsmithl@myrealbox.com]
Sent: Friday, September 19, 2003 8:43 AM
To: SmithS@meridiancity.org
2
Cc: Sjohnson@achd.ada.id.ui
Subject: Request for pre-council presentation
Ms. Smith--- as the negotiator for ACHD involved with Mr. Marvin Everett
property at 785 S Locust Grove Road, we have need to go before the
council in its next available date of August 7, 2003.
The nature of the business, is to plead for an arrangement for Mr.
Everetts property, not to be annexed as a direct result of this
acquisition ( requirement to hook up to sewer services). Consideration of
an Annexation Agreement with Mr. Everett possibly triggered by any
future sale of all or a portion of the property (20 acres)in size or a
request for other services, such as water service.
Please advise us as to being included in that pre-council session as
soon as possible.
Thank you for your assistance
J Brent Smith
Right-of-Way Consultant
Phone 208-850-9207
J Brent Smith
J Brent Smith
3
Sharon Smith
From:
Sent:
To:
Bruce Freckleton [freckleb@meridiancity.org]
Monday, October 06, 2003 11 :57 AM
'Sharon Smith'; 'Steve O'Brien (E-mail)'; 'Bruce Freckleton (E-mail)'; 'Marlene St. George (E~
mail)'; 'Bill Nichols (E-mail)'
'Will Berg'; 'Tara Green'; 'Jessica Johnson'; 'Anna Powell (E~mai1)'
RE: Ordinance No. 03-1033 Bear Creek I Kodiak AZ
Cc:
Subject:
-
Ordinance 03-1033
legal.pdf
Sharon and others,
Attached hereto is the annexation legal description that I reviewed and approved back on
December 15, 2000 for the Jewett-Meridian Property. This legal matches the mapping that
was prepared by my office, and was included in the Ordinance, however not the legal in the
Ordinance. I don't know where the legal that is in the Ordinance came from?
I believe that you should use this approved legal description, and the map that was
included in the Ordinance for the preparation of the Amended Ordinance.
Let me know if you need additional help.
Bruce
-----Original Message-----
From: Sharon Smith [mailto:smiths@meridiancity.org]
Sent: Monday, October 06, 2003 10:09 AM
To: Steve O'Brien (E-mail); Bruce Freckleton (E-mail); Marlene St.
George (E-mail); Bill Nichols (E-mail)
Cc: Will Berg; Tara Green; Jessica Johnson; Anna Powell (E-mail)
Subject: Ordinance No. 03-1033 Bear Creek I Kodiak AZ
<<03-1033 Bear Creek Kodiak AZ.TIF>> <<03-1033 Tax Commission
Letter.TIF>>
The Tax Commission didn't like the map and/or the legal on this
ordinance. Please review -- Need an amendment ordinance?
Thanks - Sharon
1
CITY OF MERIDIAN
f)'y,'U - is -fhLs {)Jc. ?
PRE-COUNCIL MEETING
AGENDA
Tuesday, October 21, 2003 at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Tammy de Weerd
Cherie McCandless
Mayor Robert Corrie
Bill Nary
Keith Bird
2. Adoption of the Agenda:
3. Discussion with Marvin Everett regarding Consent to Annexation
Agreement for 785 South Locust Grove Road:
(10 minutes*)
* Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
Meridian City Council Agenda - October 21,2003 Page I 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.
Sharon Smith
From:
Sent:
To:
Cc:
Subject:
J Brent Smith Ubsmith1@myrealbox.com]
Friday, September 19,20038:43 AM
SmithS@meridiancity.org
Sjohnson@achd.ada.id.us
Request for pre-council presentation
Ms. Smith--- as the negotiator for ACHD involved with Mr. Marvin Everett property at 785 S
Locust Grove Road, we have need to go before the council in its next available date of
~ 7, 2003.
()(::t~y
The nature of the business, is to plead for an arrangement for Mr. Everetts property, not
to be annexed as a direct result of this acquisition( requirement to hook up to sewer
services). Consideration of an Annexation Agreement with Mr. Everett possibly triggered by
any future sale of all or a portion of the property {20 acres}in size or a request for
other services, such as water service.
Please advise us as to being included in that pre-council session as soon as possible.
Thank you for your assistance
J Brent Smith
Right-Of-Way Consultant
Phone 208-850-9207
J Brent Smith
1
Sharon Smith
From:
Sent:
To:
Cc:
Subject:
J Brent Smith Ubsmith1@myrealbox.com]
Friday, September 19,20039:02 AM
SmithS@meridiancity.org
Sjohnson@achd.ada.id.us
Pre council scheduling
Ms. Smith I have an error in my previous e-mail .The requested date should nhave been
October 7th, rather than August 7th
Thanks again
J Brent Smith
1
Sharon Smith
From:
Sent:
To:
Cc:
Subject:
J Brent Smith Ubsmith1@myrealbox.com]
Friday, September 19, 2003 8:43 AM
SmithS@meridiancity.org
Sjohnson@achd.ada.id.us
Request for pre-council presentation
Ms. Smith--- as the negotiator for ACHD involved with Mr. Marvin Everett property at 785 S
Locust Grove Road, we have need to go before the council in its next available date of
August 7, 2003.
The nature of the business, is to plead for an arrangement for Mr. Everetts property, not
to be annexed as a direct result of this acquisition ( requirement to hook up to sewer
services). Consideration of an Annexation Agreement with Mr. Everett possibly triggered by
any future sale of all or a portion of the property (20 acres)in size or a request for
other services, such as water service.
Please advise us as to being included in that pre-council session as soon as possible.
Thank you for your assistance
J Brent Smith
Right-of-Way Consultant
Phone 208-850-9207
J Brent Smith
1
Sharon Smith
From:
Sent:
To:
Cc:
Subject:
J Brent Smith [jbsmith1@myrealbox.com]
Friday, September 19,20039:02 AM
SmithS@meridiancity.org
Sjohnson@achd.ada.id.us
Pre council scheduling
Ms. Smith I have an error in my previous e-mail .The requested date should nhave been
October 7th, rather than August 7th
Thanks again
J Brent Smith
1
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
FOR EXTENSION ON FINAL PLAT FOR )
SUNDANCE PLACE NO.1 SUBDIVISION, )
LOCATED EAST OF NORTH MERIDIAN )
ROAD AND NORTH OF EAST USTICK )
ROAD, MERIDIAN, IDAHO )
)
BY: ENGINEERING SOLUTIONS, LLP, )
)
APPLICANT )
)
)
C/C 10-14-03
CASE NO. TE-03-006
ORDER GRANTING A ONE
(1) YEAR TIME EXTENSION
FOR FILING THE FINAL PLAT
This matter coming on regularly before the City Council on the 14th day of October,
2003, upon the Applicant's time application for a one (1) year extension for filing the final plat,
which preliminary plat was originally approved on November 19,2002, as provided in 9 12-3-6
B, and good cause appearing.
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
1. The above named Applicant is granted a one (I) year extended period of time
until October 1,2004, ofthis Order for the filing of the final plat for the above
entitled subdivision application.
VQ-tD buu
By action of the City Council at its regular meeting on the ~ day of
,2003.
Order Granting A One (1) Year Time Extension For
Final Plat - Sundance Place No. 1 Subdivision (TE-03-006)
Page 1 of2
It-
/4 #" day of
!l Cff~
,2003.
DATED this
Attest:
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A ' tJ('lilli\H ,,\\\11 111111
ttorney. ,\\,\ Of ME(f III/II
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Z:\Work\M\Meridian\Meridian I 5360M\Sundance Place Subdivision No. I TE.03-006\FP Time Extension TE.03.006.doc
Order Granting A One (1) Year Time Extension For
Final Plat - Sundance Place No.1 Subdivision (TE-03-006)
Page 2 of2
,) ~
Glenn K. Bennett, P.L.S.
President
Civil Survey Consultants, Inc.
100 South Adkins Way
Suite 101
Meridian, ldaho 83642
(208)888-4312
Fax 888-0323
Timothy A. Burgess, P.E.
Vice President
October 9,2003
Len Grady
City of Meridian
660 E. Wateliower
Meridian, ID 83642
Re: Water Main Upgrades - 211d Street and Bower Street
Dear Len:
Thank you for considering Civil Survey Consultants to provide professional services for design of a
water main upgrade associated with ACHD's Franldin Road Storm Water Conveyance Project. The
following is our understanding of the scope of services to be provided:
The proposed water main upgrade begins at the intersection of Meridian Road and Bower Street, extends
east to 2nd Street, then south to Franklin Road. New parallel 8-inch water mains will be installed and all
existing services transferred over to the new main. All existing fire hydrants will be removed and
replaced with new hydrants. Additional hydrants will be installed as directed by the City of Meridian.
The existing mains will be abandoned in place once all services are transferred over to the new mains.
The water main replacement project will be bid and constructed as part of ACI-ID's Franklin Road
Project No. 501019.0. The plans will be prepared to be included in the ACHD bid package along with
special provisions and a bid schedule. The plans will be prepared using construction drawings prepared
by ACHD for the storm water conveyance project.
Construction services will not be provided under this agreement.
We propose to provide the Design Services as outlined above on a time and materials basis with a not to
exceed amount of $ 1,500.00 without prior approval of the City of Meridian.
If the proposed scope of services and fee estimates are acceptable please sign and retum one copy of the
enclosed Agreement for Professional Services.
Sincerely,
Civil Survey Consultants, Inc.
~~
CIVIL SURVEY CONSULTANTS, INC
AGREEMENT FOR PROFESSIONAL SERVICES
Project No. 02024
THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY
CONSULTANTS, INC.. an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this -/.4---day of
Oc-~..Iv....... ,2003. The CLIENT and CSC in consideration of their mutual covenants
herein agree as set forth below.
The Client intends to replace existing water mains and appurtenances in Bower Street between Meridian Road and 2nd Street,
and 2nd Street between Bower Street and Franklin Road as pat1 of Ache's Franklin Road Storm Water Conveyance Project
No. 501019.0, hereinafter referred to as the PROJECT.
CLIENT INFORMATION AND RESPONSrBILITfES
The CLIENT will provide to CSC a full and complete description of the PROJECT including; aH design criteria, information
as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements,
flexibility and expandability needs, any budgetary (imitations, and copies of all design and construction standards which
CLIENT will require to be incorporated in the Drawings and Specifications.
The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings,
probings and subsurface explorations; hydrographic surveys; Jaboratol)' tests and inspection repol1s of samples, materials and
equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property
descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be
available; all of which CSC may use and rely upon in performing services under this Agreement.
The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform
services under this Agreement.
SERVICES TO BE PERFORMED BY CSC
CSC will provide services as outlined in the attached letter dated February 13, 2003.
BASIS OF FEE AND BILLING SCHEDULE
The Client will pay CSC for services provided under this Agreement per the attached letter dated October 9,2003.
Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS
AND CONDITIONS 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.
BY:
NAME: 111/1 TillOthy A. Burgess, \fice President
\\,,\11 Ii/Ill
TITLE: "'\\~I Of MEIYJ1~:'~~.I.1~
'- #C", ~""J ~ .........
" .......... ::".j -:..
ATTEST BY: S v CPfl.POlVJ.7;j"f,; ~"
'. iJ S ~ <6-~
NAME: iulll;a/l'l. 6,i,ue-rJI (fj---, f ~
TITLE: {'i'k.. (! l-tvl"- ~ SEAL ;
~ /.... -,.: .
APPROVED BY CITY COUNCIL:~/I" ~ "Q/...... ....0)0!:
f , ~ "'0 ~o'r 1 S1' ' {;? ~'::
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"'....".. COUil.I-'" ~ ...........
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/'lllill lIllln\'
Cl VIL SUR VEY CONSULTANTS, INC.
TERMS AND CONDITIONS
GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project
described in this Agreement. These services will be perfOlmed in accordance with generally accepted professional practices
for the intended use of the project. CSC makes no other warranty either expressed or implied.
CSC shall not be responsible for acts or omissions of any party involved in the Project otller than their own. CSC shall not
be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations
issued by CSc.
CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not 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 Contractor(s) or for any failure of Contractor(s) to
comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their
work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume
responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents.
The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points
and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional
services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by
professionals providing soils testing or geotechnical advice.
Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in
addition to any other payment provided in this Agreement.
OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional
services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor,
materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over
competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience
and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or
estimates prepared by contractors, subcontractors or other will not deviatefi'om opinions prepared by CSC. The CLIENT
agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of
PROJECT costs.
Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be
considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement.
REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSc. The
CLIENT agrees that no product will be reused without specific written permission of CSc. The CLIENT agrees to
indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all
work products prepared by CSC for the PROJECT.
GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of
this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this
Agreem ent.
SUCCESSORS AND ASSIGNS - CliENT and CSC each is hereby bound and the paltners, successors, executors,
administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in
respect of all covenants, agreements and obligations of this Agreement
Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than
CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of CLIENT and CSC and not for the benefIt of any other party.
TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses
incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and
{ (
expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate
of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend
services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges.
TERMlNA nON - The obligation to provide further services under this Agreement may be terminated by either patty upon
thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the
terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating
party. ffthis Agreement is terminated by either patty, CSC shall be paid for services rendered and for reimbursable expenses
incurred to the date of such termination.
HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not
anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there
is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous
materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC
and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessmy for CSC to take
immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon
as practically possible should unanticipated hazardOllS materials or suspected hazardous materials be encountered. The
CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect
the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC
for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify,
defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated
hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and
expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee
schedule and expense reimbursement policy.
DISPUTE RESOLUTION - All claims, disputes or controversies ansll1g out of, or in relation to the interpretation,
application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed
alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable
alternative dispute resolution technique shall precede litigation or recourse to other judicial forums.
RECOVERY OF DISPUTE RESOLUTION COSTS - ]n the event that legal action is brought by either party against the
other, the prevailing patty shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other
judgments or settlement Slims, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's
fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing
party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others,
preparing for depositions, responding to interrogatories, and so on. The value oftime spent and the expenses incurred shall,
on esC's part, be computed based upon CSC's prevailing fee schedu Ie and expense reimbursement policy relative to the
recovery of direct project costs.
EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and
CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended
only by written instrument signed by both CLIENT and CSC.
Glenn K. Bennett, P.L.S.
President
Timothy A. Burgess, P.E.
Vice President
Civil Survey Consultants, Inc.
100 South Adkins Way
Suite 101
Meridian, Idaho 83641
(208)888-43 I 2
F8X 888-0323
CIVIL SURVEY CONSULTANTS
PREVAILING FEE SCHEDULE
EFFECTIVE OCTOBER 1,2001
Labor:
Project Manager - $ 90.00 per hour
Chief of Surveys - $ 90.00 per hour
Project Engineer - $ 70.00 per hour
Design Engineer - $ 65.00 per hour
Design/Survey Technician I - $ 60.00 per hour
Design/Survey Technician 1 - $ 55.00 per hour
Direct Expenses:
GPS
Vehicle 2-Wheel Drive - $
Vehicle 4-Wheel Drive - $
Outside Printing - $
Long Distance Telephone - $
Sub-Consultants - $
- $ 40.00 per hour
No Charge
No Charge
Cost
Cost
Cost
WHITE PETERSON
ATIORNEYS AT LAw
KEvIN E. DlffiUS
JUUEKu!JN FISCHAA
CmuSTOPHAA D. GADBAAT
WM. F. GIGRAY, ill
T.GuvliALLAM*.
JII.l.S. HOUNKA
JOHN R. KoRMANIK.
WIWAMA. MORROW
WILUAM F. NICHOlS..
WHITE PETERSON, P.A.
CANYON PARKATTHE IDAHO CENfER
5700 E. F'RANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-1)272
FAX (208) 466-4405
CHRISTOPHER S. NYE
PHIuP A. PlmlRSON
TODDA. ROSSMAN
TRRR1!NCK R. WliITE".
* Also admitted in CA
.. Also admitted in OR
... Also admitted in WA
March 18, 2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re:
LICENSE AGREEMENT BETWEEN NAMPA & MERIDIAN
IRRIGATION DISTRICT AND THE aTY OF MERIDIAN TO PERFORM
CONSTRUCTION TO PAVE A PATHWAY WITIDN THE DISTRICT'S
EASEMENT FOR THE JACKSON DRAIN WITIDN THE LOCUST
GROVE SUBDIVISION - FP-03-028
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
LICENSE AGREEMENT for Locust Grove Subdivision for construction of a pathway along the
Jackson Drain. This original is for your record keeping, and our office l1as kept a copy for our file.
If you have any questions, please give me a call.
Z:\Work\M\Meridill1l\Meridian 15360M\Locust Grove Place Subdivision FP 03 028\Clerk Executed OriginalUcenseAgmt Ltr 03 18 04.doo
"
LICENSE AGREEMENT
between
NAMPA & MERIDIAN IRRIGATION DISTRICT
and
CITY OF MERIDIAN
2 December 2003
Instrument #103201984
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 12108/03 08:15 AM
DEPUTY Joalme Hooper
RECORDED-REQUEST OF
NAMPA-MERrDIAN IRR
AMOUNT 15.00
5
11I111111I111111111I11111111111111111
103201984
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into thisd!!!.. day of 4 /~~ ,2003, by and
between NAMP A & MERIDIAN IRRIGA nON DISTRICT, an irrigation district organized and existing
under and by virtue of the laws of the State ofIdaho, party of the first party, hereinafter referred to as the
"District," and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State ofIdaho (hereinafter "City").
party or parties of the second part, hereinafter referred to as the "Licensee,"
W ! I N E .s. .s. E I H:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of the
District's easements and fee title lands dated December ]9,2000, recorded as Instrument No. 100102999,
records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with theirrespective legal and fiduciary responsibilities;
to enhance the City's pathway planning though early consultation between the City and the District; to establish
a process for the City's submission of pathway requests and the District's consideration of such requests; and
to provide the general conditions for the District's approval and authorization of pathway requests affecting
the District's ditches, property, operations and maintenance; and,
WHEREAS, the District grants to Licensee the right develop pathways to encroach within the
District's easements along and across the District's ditches, canals and easements therefor upon the terms and
conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed
crossing and encroachment; and,
WHEREAS, the Licensee is the OV\ll1er of the real property easement I right of way (burdened with the
easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached
hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District controls the irrigation ditch qr canal knOV\ll1 as JACKSON DRAIN
(hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to
convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said
described real property of the Licensee as shoV\ll1 on Exhibit B attached hereto and by this reference made a part
hereof; and,
LICENSE AGREEMENT - Page 1
,/!'
WHEREAS, the Licensee desires a license to perform construction to pave a pathway within the
District's easement for the Jackson Drain under the terms and conditions of said Master Pathway Agreement
and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree
as follows:
1. Licensee may perform construction involving the paving of the pathway on the west side of
the Jackson Drain, within the District's easement for said drain, located within the Locust Grove Subdivision,
south west of the intersection of Fairview A venue and Locust Grove Road, Meridian, Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance
with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof.
3. The permitted hours of use of the pathway shall be from _a,m. until -----p.m.
4. The parties hereto incorporate in and make part oftms License Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions
of this License Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit
A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or
either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto
subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year
herein first above written.
NAMPA & MERIDIAN IRRIGATION DISTlUCT
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ATTEST:
LICENSE AGREEMENT - Page 2
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Its Secretary
THE CITY OF MERIDIAN
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STATE OF IDAHO) ~ '1'0 vel 151; .....~ .......f?./
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On tltis;?!JcI day OfJI/I~Ju, 20~~~ before me, tlte undersigned, a Notary Public in and for
said State, personally appeared Ralph B. Wissell and Daren R. Coon, Imown to me to be the President and
Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and aclmowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first nbove written. ~ );1 ~
Notary PUbli2lZahO ~
Residing at 'ILfL , Idaho
My Commission Expires: /l/tJ~z.c;Ok:,
County of Ad c....
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STATE OF IDAHO
On this 11.ih day of o C{-o(t.)(fl ,2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared 'I (;t.(l-tml{ df ~J u.>)d and 3har7YI XI1U :';/"-,, , known to me to be
the r,/l~[O~VflG-a f/fJidh-lT and t)--'liJi~.M-t:-Ij r;LiJik- , respectively, of The CITY OF MERIDIAN, the
entity iliat executed the foregoing instrum~nt and acknowledged to me that such entity executed the same,
IN WITNESS v.rHE~n,l:.9ii.ve hereunto set my hand and affixed my official seal, the day and year
in this certificate first ah~~.4 '"'' bo
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LICENSE AGREEMENT - Page 3
EXHIBIT A
Legal Description
Lot 1, Block 1 of the Locust Grove Place Subdivision, in the NEl/4, Section 7, Township 3 North,
Range 1 East, RM., Meridian, Ada County, Idaho.
EXI-llBIT C
Special Conditions
a. Construction ofllie pathway shall be in accordance with certain plans consisting of one sheet
entitled" Locust Grove Place Subdivision, Landscape Plan". This plan has been delivered to the District's
water superintendent, is in his possession in his office, and is hereby incorporated by this reference.
b. The District's easement for this section ofthe Jackson Drain is 50 feet, 35 feet to the left, and
15 feet to the right of the centerline facing downstream. Construction shall be completed not later than one year
from the date of this agreement. Time is of the essence.
UCENSE AGREEMENT - Page 4
POOR COpy
&leks on Stub Drain in N E 114.1
8.7, T.3N, R.1 E'J B .M., Ada ~
,::,<' County, Idaho (August 1994) i
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Exhibit B
those infrastructure improvements will be paid for. Along with the utility extensions, there will
need to be a projection of, and plan for payment of) the cost of street related infrastructure
improvements. The group also needs to know whether the City has any intent to take over the
facility at the end of the lease, or at the end of any renewals that might be granted. Because the
Corporation intends to sublease space to commercial entities such as a pro shop and food
vendors, the corporation needs a commitment, or at least the City to answer the question, whether
such leases will be permitted, and if so, whether the City intends to participate in any revenue
from the subleases. The Corporation intends to sell advertising which will be displayed on the
walls inside the facility, and they need to know whether the City has any objection to that
advertising or to the Corporation being able to "name" various portions of the facility in
recognition of significant donations or contributions. The City also needs to provide direction on
the minimum lease term, and whether that can be extended, and if so, the length of each
extension and the number of extensions that would be permitted.
At the request of Doug Strong, we are proceeding to fmalize purchase of the
remaining 12 acres of the Borup property. Therefore, the timing of the discussion on these issues
related to the ice skating facility is appropriate.
eridian\M:eridian 15360M'Mayor and Council\Ice Skating Facility 10 13 03.do::
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RECEIVED
OCT 1 5 2003
Interoffice
MEMORANDUM:
MAYORS OFFICE
CITY OF 1I-ffiBJJ)JAN
To:
Mayor Robert D. Corrie and Meridian City Council
William G. Berg, Jr., D~j Strong
Wm.F.NiC~
Ice Skating Facility
Cc:
From:
Subject:
Date:
October 14,2003
Mayor Corrie and Council Members:
Last summer I met with Bob Aldridge, one of the founders of the non-profit
corporation formed to develop funding for an ice skating facility to be built in Meridian. The
facility would include two "sheets" of ice, with additional space for locker rooms, and other
accessory facilities.
The non-profit corporation needs four to five acres of space, furnished through a
lease of at least 20 years, at a very nominal rent. They also want the City to provide the
infrastructure improvements, such as curb, gutter, sidewalk, and street improvements, along with
sewer and water stubbed to the property. They would prefer to get any and all discounts they can
on water/sewer connection fees and inspection fees. They also would expect the City to assist in
the review and design of, and placement of, the facility upon the property.
The corporation is willing to co-locate the facility with other general or special
uses, and they primarily see that by sharing a common parking lot. They will build the building
and construct the landscaping and parking lot. They anticipate that they will emphasize public
usage of the facility, which will include allocation of time for school skating and hockey
programs, developing programs for disabled people to enjoy the ice, and develop fr~e and
reduced fee programs, particularly for youth. In recognition of the City's contribution towards
the facility by providing the land at low cost, the group is also willing to discuss discounts to
bona fide City of Meridian residents. The group anticipates that they will raise all of the funds
sufficient to build the facility before entering into the lease. They expect that it will take at least
2.5 million dollars to construct the bare bones facility, and want to raise more money than that.
Before we can proceed to develop a Memorandum of Understanding, it is
necessary for the Mayor and Council to answer some questions. Among these are: 1) the
projection of the time frame within which water and sewer service will be available to the
property, 2) a projection of the costs for those utility extensions, and 3) a commitment as to how
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MEETING DATE: [)cJ-~r 2..6, f']DO 3
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MAYOR
Robert D. Corrie
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LEGAL DEPARTMENT
(208) 288-2499 . Fax 288-2501
PARKS & RECREATION
(208 888-3579 . Fax 898-5501
PUBLIC WORKS
(208) 898-5500 -Fax 887-] 297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING AND ZONING
(208) 884-5533 . Fax 888-6854
CITY COUNCIL MEMBERS
Tammy deWeerd
William L. M. Nary
Cherie McCandless
Keith Bird
NOTICE OF SPECIAL JOINT WORKSHOP
MERIDIAN CITY COUNCIL
&
ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
and the Commissioners of the Ada County Highway District will hold a Special
Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street,
Garden City, Idaho, on Monday, October 7,2002 at 12:00 noon. They will be
discussing planning and servicing issues and items concerning both agencies.
The public is welcome to attend.
DATED this 4th day of October, 2002.
......
......,
;11:.
".
Meridian City Council Special Joint Meeting with ACHD Commissioners - October 7, 2002
Ail materials presented at public meetings shall become the property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the
Administration of Ada County Highway District at 387-6100 at least 48 hours prior to the public meeting.
33 EAST IDAHO. MERIDIAN, IDAHO 83642
(208) 888-4433. Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723
jJlel{ s::e. fJOff-
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Tammy deWeerd
William L M. Nary
Cherie McCandless
Keith Bird
-j"~~v ;J~U>'2- tY~h2f-~ - /A~S'
h......-;."Q~t' LEGAL DEPARTMENT
,.:.~.~'fJt.., .' (208) 288-2499 . Fax 288-2501
--';':WP
~~CIT1YdOFl'a.f.!!n~"\"-_: ~~.f; PARKS & RECREATION
-. "" (208888-3579' Fax 898-5501
'.
".
" PUBLIC WORKS
\~ (208) 898.5500 'Fax 887-1297
~."" '? IDAHO Y'/ ~
-::~ 0" BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
.~ ".Cf PLANNING AND ZONING
: 190J (208) 884-5533 . Fax 888.685.\
NOTICE OF SPECIAL JOINT WORKSHOP
MERIDIAN CITY COUNCIL
&
ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
and the Commissioners of the Ada County Highway District will hold a Special
Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street,
Garden City, Idaho, on Monday, October 7,2002 at 12:00 noon. They will be
discussing planning and servicing issues and items conceming both agencies.
The public is welcome to attend.
DATED this 4th day of October, 2002.
Meridian City Council Special Joint Meeting with ACHD Commissioners - October 7, 2002
All materials presented at public meetings shall become the property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the
Administration of Ada County Highway District at 387-6100 at least 48 hours prior to the public meeting.
33 EAST IDAHO. MERIDIAN, IDAHO 83642
(208) 888.4433. Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884.8723