HomeMy WebLinkAbout2004-12-21
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, December 21,2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle X Christine Donnell
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance: Dave McKinnon
3. Community Invocation by Pastor Ken Wilde, with Capital Christian
Center: Presented
4. Adoption of the Agenda: Approve as Amended
5. Consent Agenda:
A. Approve Minutes of November 30, 2004 Pre-Council Meeting:
Approve
B. Approve Minutes of November 30, 2004 City Council Special
Meeting: Approve
C. Approve Pawn Brokers Licenses: Approve
Benny's Pawn
Meridian Coin & Pawn
D. Approve Adult Entertainment Class B Licenses for Valley
Video: Approve
E. Award of Bid for Storey Park Phase II Project: Approve
F. Resolution No. 04-455 Amendment to Lease and
Trust Aareement Relating to Financing of Acquisition and
Construction of Law Enforcement Facilities: Approve
G. Resolution No. 04-456 VAC 04-008 Request for a
Vacation of a portion of the 5-foot utility easements located on each
side of the shared lot line of Lots 26 & 27, Block 1 for Lochsa Falls
Meridian City Council Agenda -December 21,2004 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting,
Subdivision No.6 by Ramsey Homes - 1660 West Glade Creek:
Approve
7 -H. Resolution No. 04-457 Acceptance of Bear Creek
Pathway Property Lot 29 Block 15 of Bear Creek Subdivision
No.8: Approve
I. Development Agreement: AZ 04-024 Request for Annexation
and Zoning of 47.66 acres from RUT to R-4 zone for proposed
Silverleaf Subdivision by Centennial Development, LLC - 2683
West Chinden Boulevard: Pull off Agenda
J. Development Agreement: AZ 04-005 Request for Annexation
and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres
Subdivision No.3 by Packard Estates Development, LLC - east of
North Locust Grove Road and south of East Ustick Road:
Approve
K. Development Agreement: AZ 04-026 Request for Annexation
and Zoning of 1.71 acres from RUT to C-G zone for Mountain
West Bank by Erstad Thornton Architects - northeast corner of
Venture Street and East Fairview Avenue: Pull off Agenda
L. Agreement for Hookup to the City of Meridian Sewer I Water
System Outside City Limits - Robinson I Hambley: Approve
M. Personal Services Contract between the City of Meridian and
Whitman and Associates. Inc. to provide building inspection
services and plan reviews for structures constructed within the
City of Meridian: Approve
N. Personal Services Contract between the City of Meridian and
RIMI. Inc. to provide mechanical inspection services and plan
reviews for structures constructed within the City of Meridian:
Approve
O. Personal Services Contract between the City of Meridian and
DMH Enterprises to provide plumbing inspection services and
plan reviews for structures constructed within the City of
Meridian: Approve
P. Personal Services Contract between the City of Meridian and
Harold's Electric Co., Inc. to provide electrical inspection
services for structures constructed within the City of Meridian:
Approve
6. Department Reports:
Meridian City Council Agenda -December 21, 2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
A. Mayor's Report: Presented
7. (Items Moved from Consent Agenda)
8. FP 04-075 Request for Final Plat approval of 49 single-family residential
building lots and 2 common lots on 12.14 acres in an R-8 zone for
Castlebrook Subdivision No.5 by Liberty Development, LLC - 4000
West Pine Avenue: Approve
9. FP 04-076 Request for Final Plat approval of 16 multi-family residential
building Jots and 3 common lots on 5.7 acres in an L-Q zone for
Roundtree Subdivision by Roundtree Development, LLC - Lot 2, Block
1, Tramore Subdivision: Approve
10. Public Hearing: CUP 04-045 Request for a Conditional Use Permit for a
beauty salon in the Q-T zone for Rodnev Shaul by Rodney Shaul - 116
East Pine Avenue: Prepare Findings of Fact and Conclusions of Law
for Approval
11. Pubic Hearing: RZ 04-014 Request for a Rezone of 2.4 acres from R-4
to R-15 zones for Cedar SprinQs Place Subdivision by Plantation Place,
LLP - southwest corner of North Meridian Road and West Ashby Drive:
Prepare Findings of Fact and Conclusions of Law for Approval
12. Public Hearing: PP 04-039 Request for Preliminary Plat approval for 2
residential building lots on 2.4 acres in a proposed R-15 zone for Cedar
Springs Place Subdivision by Plantation Place, LLP - southwest corner
of North Meridian Road and West Ashby Drive: Prepare Findings of
Fact and Conclusions of Law for Approval
13. Public Hearing: CUP 04-048 Request for a Conditional Use Permit for a
Planned Development for a new 27-unit assisted living facility and 13-unit
independent living facility in a proposed R-15 zone for Cedar Springs
Place Subdivision by Plantation Place, LLP - southwest corner of North
Meridian Road and West Ashby Drive: Prepare Findings of Fact and
Conclusions of Law for Approval
14. Public Hearing: PP 04-034 Request for Preliminary Plat approval for 83
single-family residential building lots and 5 common lots on 25.86 acres in
an R-4 zone for Milliron Subdivision by Dyver Development, LLC -
northeast corner of North Black Cat Road and West Cherry Lane:
Prepare Findings of Fact and Conclusions of Law for Approval
15. Public Hearing: AZ 04-028 Request for Annexation and Zoning of 43.83
acres from RUT to R-4 & L-Q zones for Strada Bellissima Subdivision
Meridian City Council Agenda -December 21 , 2004 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
by Pinnacle Engineers, Inc. - NWC of Victory Road and State Highway
69: Prepare Findings of Fact and Conclusions of Law for Approval
16. Public Hearing: PP 04-038 Request for Preliminary Plat approval for 90
single-family residential bu ilding lots, 14 commercial office lots and 12
common lots of 42.46 acres in a proposed R-4 & L-Q zones for Strada
Bellissima Subdivision by Pinnacle Engineers, Inc. - NWC of Victory
Road and State Highway 69: Prepare Findings of Fact and
Conclusions of Law for Approval
17. Public Hearing: CUP 04-047 Request for a Conditional Use Permit for a
Planned Development consisting of a single family residential and office
uses with a request for reduction to the minimum requirements for street
frontage from 80-feet to 79-feet for the residential portion for Strada
Bellissima Subdivision by Pinnacle Engineers, Inc. - NWC of Victory
Road and State Highway 69: Prepare Findings of Fact and
Conclusions of Law for Approval
18. Amendment to Ordinance No. 04-1109 : AZ 04-013 Request for
Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It
StoraQe Facilitv by Lyons Development, LLC - southwest corner of
Stoddard Road and West Overland Road: Approve
19. Ordinance No. AZ 04-024 Request for
Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed
Silverleaf Subdivision by Centennial Development, LLC - 2683 West
Chinden Boulevard: Pull off agenda
20. Ordinance No. 04-1120 :: AZ 04-005 Request for Annexation
and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres
Subdivision No.3 by Packard Estates Development, LLC - east of North
Locust Grove Road and south of East Ustick Road: Approve
21. Ordinance No. AZ 04-026 Request for
Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain
West Bank by Erstad Thornton Architects - northeast corner of Venture
Street and East Fairview Avenue: Pull off Agenda
22. Executive Session per Idaho State Code 67-2345(1)(b): No Decision
Meridian City Council Agenda -December 21,2004 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone deSiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, December 21,2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
K
X
,
Shaun Wardle )( Christine Donnell
Charlie Rountree )c Keith Bird
K Mayor Tammy de Weerd
2.
Pledge of Allegiance:
~c. /AL
3. Community Invocation by Pastor Ken Wilde, with Capital Christian
Center: ~,.~
4. Adoption of the Agenda: Fi ~~ ~.{ a/Y"eA-de b
5. Consent Agenda:
A. Approve Minutes of November 30, 2004 Pre-Council Meeting: ~ (II-<...
B. Approve Minutes of November 30, 2004 City Council Special
Meeting: ~
C.
Approve Pawn Brokers Licenses:
Bennv's Pawn
Meridian Coin & Pawn
~v<-
D. Approve Adult Entertainment Class B Licenses for Vallev
Video: ~v<-
E. Award of Bid for Storey Park Phase II Proiect: ~ v<--
F. Resolution No. {)4 - 4'-5""~ : Amendment to Lease
and Trust Aareement Relating to Financing of Acquisition and
Construction of Law Enforcement Facilities: ~
G. Resolution No. () 4--45 /; : VAC 04-008 Request
for a Vacation of a portion of the 5-foot utility easements located on
each side of the shared lot line of Lots 26 & 27, Block 1 for Lochsa
Meridian City Council Agenda -December 21, 2004 Page 1 of 4
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Falls Subdivision No.6 by Ramsey Homes - 1660 West Glade
Creek: ~ eM--
Resolution No. &4--- 4-7"1 : Acceptance of Bear
Creek Pathway Property Lot 29 Block 15 of Bear Creek
Subdivision No. 8: ~v-c.-
Development Agreement: AZ 04-024 Request for Annexation
and Zoning of 47.66 acres from RUT to R-4 zone for proposed
Silverleaf Subdivision by Centennial Development, LLC - 2683
West Chinden Boulevard: fitd<. DF~ t%.J~4((1l..r
Development Agreement: AZ 04-005 Request for Annexation
and Zoning of 5.27 acres from RUT to R4 zone for Packard Acres
Subdivision No.3 by Packard Estates Development, LLC - east of
North Locust Grove Road and south of East Ustick Road: ~1I"..v
Development Agreement: AZ 04-026 Request for Annexation
and Zoning of 1.71 acres from RUT to C-G zone for Mountain
West Bank by Erstad Thornton Architects - northeast corner of
Venture Street and East Fairview Avenue: p~ pH a(ft'~
Aareement for Hookup to the City of Meridian Sewer I Water
System Outside City Limits - Robinson I Hambley: ~tP V'(......-'
Personal Services Contract between the City of Meridian and
Whitman and Associates. Inc. to provide building inspection
services and plan reviews for structures constructed within the
City of Meridian: ~ V'C-
Personal Services Contract between the City of Meridian and
RJMI. Inc. to provide mechanical inspection services and plan
reviews for structures constructed within the City of Meridian: t:Vf ~ ~
Personal Services Contract between the City of Meridian and
DMH Enterprises to provide plumbing inspection services and
plan reviews for structures constructed within the City of
Meridian: ~ v<-
Personal Services Contract between the City of Meridian and
Harold's Electric Co.. Inc. to provide electrical inspection
services for structures constructed within the City of Meridian: ? pV'-C-'
Department Reports:
/I- - A/u1" S /2eflIJr f
(Items Moved from Consent Agenda)
/l4 {)V'~, h 1- H.
CD
J.
@
L.
M.
N.
o.
P.
6.
7.
Meridian City Council Agenda -December 21, 2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabifities 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.
8.
FP 04-075 Request for Final Plat approval of 49 single-family residential
building lots and 2 common lots on 12.14 acres in an R-8 zone for
Castlebrook Subdivision No.5 by Liberty Development, LLC - 4000
West Pine Avenue: ~ravC,..J
FP 04-076 Request for Final Plat approval of 16 multi-family residential
building lots and 3 common lots on 5.7 acres in an L-Q zone for
Roundtree Subdivision by Roundtree Development, LLC - Lot 2, Block
1, Tramore Subdivision: A pprD v't..
Public Hearing: CUP 04-045 Request for a Conditional Use Permit for a
beauty salon in the O-T zone for Rodney Shaul by Rodney Shaul - 116
East Pine Avenue: Rcpc.re FF"'C.L f"'or AR=>rovCtJ
9.
10.
11.
Pubic Hearing: RZ 04-014 Request for a Rezone of 2.4 acres from R-4
to R-15 zones for Cedar Sprinas Place Subdivision by Plantation Place,
LLP - southwest corner ,o.f North Me~di~nIRoad and West Ashby Drive:
?r cp:l \'"c:. t::'F C'.. L 1-CI Prf:p rvv~
Public Hearing: PP 04-039 Request for Preliminary Plat approval for 2
residential building lots on 2.4 acres in a proposed R-15 zone for Cedar
Springs Place Subdivision by Plantation Pla~ LLP - southwest corn}~r
of North Merjdian Road and West Ashby Drive: . r>tcpa. r e. FF~ L. +cr-
~rov tJ.....\
Public Hearing: CUP 04-048 Request for a Conditional Use Permit for a
Planned Development for a new 27 -unit assisted living facility and 13-unit
independent living facility in a proposed R-15 zone for Cedar Sprinas
Place Subdivision by Plantation Place~LP - southwest corn~ of North
Meridian Roap and West Ashby Drive: rr c.tDl1 n::.- FF ~ L +tr
AfopYlJVCVI
Public Hearing: PP 04-034 Request for Preliminary Plat approval for 83
single-family residential building lots and 5 common lots on 25.86 acres in
an R-4 zone for Milliron Subdivision by Dyver Development, LLC -
northeast comer of North Black Cat Road and VY~st Cherf)' Lane: \-'\0 vc::.. +0
end Df dC\Old.a.....- "N-;b~ ~/~:( o--U ~ ~~
Public Hearing: AZ. 04~028 Request for Annexation and Zoning of 43.83
acres from RUT to R-4 & L-Q zones for Strada Bellissima Subdivision
by Pinnacle Engineers, Inc. - NWC of Victory Road and State Highway
69: ~~ /-/P( vl-t kv ~
Public Hearing: PP 04-038 Request for Preliminary Plat approval for 90
single~family residential building lots, 14 commercial office lots and 12
common lots of 42.46 acres in a proposed R-4 & L-O zones for Strada
Bellissima Subdivision by Pinnacle Engineers, Inc. - NWC of Victory
Road and State Highway 69:
~/~ f/tte- t e/~ Av~
12.
13.
14.
15.
16.
Meridian City Council Agenda -December 21, 2004 Page 3 of 4
AU materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at feast 48 hours prior to the public meeting.
@
@
17.
Public Hearing: CUP 04-047 Request for a Conditional Use Permit for a
Planned Development consisting of a single family residential and office
uses with a request for reduction to the minimum requirements for street
frontage from BO-feet to 79-feet for the residential portion for Strada
Bellissima Subdivision by Pinnacle Engineers, Inc. - NWC of Victory
Road and State Highway 69: ~p.lV< .f(,c tc/4' /rr-~
Amendment to Ordinance No. 04-1109 : AZ 04-013 Request for
Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It
Storaae Facility by Lyons Development, LLC - southwest comer of
Stoddard Road and West Overland Road: ~V'\4-'
18.
20.
-
Ordinance No. AZ 04-024 Request for
Annexation and Zoning of 47.66 acres from RUT to R-4 zone for proposed
Silverleaf Subdivision by Centennial Development, LLC - 26B3 West
Chinden Boulevard: ~ ~ tI't-~
Ordinance No. 04 --1\ 2-0 AZ 04..005 Request for
Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard
Acres Subdivision No.3 by Packard Estates Development, LLC - east
of North Locust Grove Road and south of East Ustick Road: ~
Ordinance No. AZ 04-026 Request for
Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain
West Bank by Erstad Thornton Architects - northeast corner of Venture
Street and East Fairview Avenue: ~ ~ ~
Executive Session per Idaho State Code 67-2345(1)(b):
At:1 &v/lI ~
22.
Meridian City Council Agenda -December 21, 2004 Page 4 of 4
All materials presented at pUblic meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
January 14, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
January 18. 2005
ITEM NO.
5.A
REQUEST Approve Minutes of December 21. 2004 City Council Regular Meeting
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AlTORNEY
CITY POLICE DEPT:
CITY FIRE DE?T:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SEITLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~?
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
Meridian City Council MeetinQ
December 21. 2004.
The regular meeting of the Meridian City Council was called to order at 7:02 P.M.,
Tuesday, December 21,2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Shaun
Wardle, and Christine Donnell.
Others Present: Bill Nary, Will Berg, Tara Green, Anna Canning, Lenard Grady, David
Overton, Kenny Bowers, Doug Strong, Ted Baird, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll calf.
X Shaun Wardle
X Charlie Rountree
X
X Christine Donnell
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. I will bring this meeting to order. It is the City Council meeting of
Tuesday, December 21st. It is 7:02. We will start with roll call attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Thank you all for joining us here tonight. Dave McKinnon is going to lead
us in the pledge of allegiance. If you will all rise?
(Pledge of Allegiance recited)
Item 3:
Community Invocation by Pastor Ken Wilde, with Capital Christian
Center:
De Weerd: Thank you. Item No.3 is our community invocation by Pastor Ken Wilde
and he is with Capital Christian Center. I would like you to join us in the community
invocation or take this opportunity for a moment of silence.
Wilde: Let us pray. Father, at this time of the season of the year we thank you for the
season. Thank you for an opportunity to come to you and give our gifts and our talents
back to you. Lord, would come with a Biblical mandate to enter your gates with
thanksgiving. So, first of all, we thank you for your faithfulness. Thank you for your
goodness to each one of us. Thank you for a nation of freedom. Thank you for a
wonderful city that we live in. And we pray, particularly, tonight for our Mayor and City
Council members, that you give them divine wisdom, divine synergy of activity, Lord,
that you would enable them to do what might seem in the natural impossible, but you
give them of the ability to see through issues and come, Lord, with a sense of unity.
Lord, we know you command a blessing where there is unity. We thank you, Father, for
this evening. Let there be a unity of thought and action. We pray for divine wisdom
Meridian City Council
December 21,2004
Page 2 of 67
from heaven, for you are the author of wisdom and we pray grace now upon this time
we have, we pray grace upon our community, we thank you for Meridian and we pray,
Lord, that you would continue to guide us as we both lead this city naturally and
spiritually. Let your blessing be upon us, in your precious name, amen.
Item 4:
Adoption of the Agenda:
De Weerd: Pastor, I would like to give you one of our City of Meridian pins. Thank you
so much for joining us. Merry Christmas. Okay. Item No.4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: First of all, the numbers of our resolutions, Item F on the Consent is 04-455, Item
G is 04-456, and Resolution H is 04-457, which when we do the Consent Agenda, will
be asked to be pulled. Item I and K under the Consent Agenda needs to pulled from the
agenda for tonight. To the department reports we need to add 6-A, the Mayor's report.
And on No. 20 we have one ordinance, which is 04-1120, Items 19 and 20 on the
regular agenda, will have to be pulled also. With that I move we adopt the revised
agenda.
Rountree: Second.
Berg: Madam Mayor?
De Weerd: Mr. Berg.
Berg: Just to relay this, Item 19 and 21.
Bird: Twenty-one. Yeah.
Berg: Twenty is --
Bird: I'm sorry.
Berg: -- stays on the agenda. It's Packard and we do have a development agreement
for them.
De Weerd: Okay. So, just to remove 19 and 21. Okay. All those in favor say aye. All
ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
[
Meridian City Council
December 21, 2004
Page 3 of 67
A. Approve Minutes of November 30, 2004 Pre-Council Meeting:
B. Approve Minutes of November 30, 2004 City Council Special
Meeting:
C. Approve Pawn Brokers Licenses:
Benny's Pawn Meridian Coin & Pawn
D. Approve Adult Entertainment Class B Licenses for Valley
Video:
E. Award of Bid for Storey Park Phase II Proiect:
F. Resolution No. 04-445 Amendment to Lease and
Trust Agreement Relating to Financing of Acquisition and
Construction of Law Enforcement Facilities:
G. Resolution No. 04-456 VAC 04-008 Request for a
Vacation of a portion of the 5-foot utility easements located on each
side of the shared lot line of Lots 26 & 27, Block 1 for Lochsa Falls
Subdivision No.6 by Ramsey Homes - 1660 West Glade Creek:
I. Development Agreement: AZ 04-024 Request for Annexation
and Zoning of 47.66 acres from RUT to R-4 zone for proposed
Silverleaf Subdivision by Centennial Development, LLC - 2683
West Chinden Boulevard:
J. Development Agreement: AZ 04-005 Request for Annexation
and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres
Subdivision No.3 by Packard Estates Development, LLC - east of
North Locust Grove Road and south of East Ustick Road:
K. Development Agreement: AZ 04-026 Request for Annexation
and Zoning of 1.71 acres from RUT to C-G zone for Mountain
West Bank by Erstad Thornton Architects - northeast corner of
Venture Street and East Fairview Avenue:
L. AQreement for Hookup to the City of Meridian Sewer I Water
System Outside City Limits - Robinson I Hambley:
M. Personal Services Contract between the City of Meridian and
Whitman and Associates. Inc. to provide building inspection
services and plan reviews for structures constructed within
the City of Meridian:
Meridian City Council
December 21, 2004
Page 4 of 67
N, Personal Services Contract between the City of Meridian and
RIMI, Inc. to provide mechanical inspection services and plan
reviews for structures constructed within the City of Meridian:
O. Personal Services Contract between the City of Meridian and
DMH Enterprises to provide plumbing inspection services and
plan reviews for structures constructed within the City of
Meridian:
P. Personal Services Contract between the City of Meridian and
Harold's Electric Co., Inc. to provide electrical inspection
services for structures constructed within the City of Meridian:
De Weerd: Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda, which includes Item F, which is 04-
445, resolution number. Resolution No. 04-456, Item G. Jtem H we need to pull to 7-H
on the regular agenda. Item I and Item K needs to be pulled completely from the
agenda. And with that I move that we approved the revised Consent Agenda, for the
Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. Mr. Berg, you are requesting that H be removed to Item 7?
Bird: 7-H. Yeah.
De Weerd: Okay. Okay. Is there any further discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6:
Department Reports:
De Weerd: Thank you. Okay. Council, under department reports in front of you, you
have a letter of agreement that was submitted to us after we last met. It is a revised
agreement that kind of was taken from what you saw last week to discuss. This was
pulled together by the fire chief and Ada County as a -- kind of their proposal to the
county in lieu of what they had first received. Essentially, what it did was take away the
financial obligations to assume for the different activities, which are still unknown, and it
took out cities that did not have fire districts, as well as unions that don't have budget
Meridian City Council
December 21 , 2004
Page 5 of 67
authority or are not elected officials. So, they have streamlined it, but the agreement is
in front of you and since we do meet with the Ada County commissioners tomorrow
morning at 10:00, this issue might come up. It's not on the agenda. I did talk to
Commissioner Pevey-Derr last night, told her that a letter was forthcoming, would be
faxed this morning, which it was. I gave her the essence of the letter, what your
concerns were last week, and discussion regarding the original proposal, since we did
not -- had not seen this at that time, that we supported the vote to go out to the override
levy to go to the voters, that we also acknowledged that there is an issue that needs to
be addressed that we wanted to be an active participant at the table to discuss the blue
ribbon task force recommendations in fuJI, to look at the feasibility and I guess do-ability,
for lack of a better word, to implement, because we cannot just piecemeal it for one
issue. I also reiterated that the main concern was the statement of agreeing to pursue
consolidation of fire and emergency medical services that it would add new tax to our
citizens and that that's something that we could not support. That was the hesitancy of
signing that document and I was not authorized to sign. And that was also stated in the
letter, as you all got a copy of that. This, like I said, is a revised agreement and I
apologize, it wasn't in front of you, we just had not received it at that time. I guess what
I would like to know is do you have any further comment on this as we go to meet with
the commissioners tomorrow morning?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I think one of our primary issues throughout this discussion has been
Meridian that has taken the position that we wanted a vote of the Ada County residents
on any override over increase in taxes. We continue to get from Ada County verbally
that that's what they are going to do, but they are asking us to sign a document that
dances around that issue and the strongest wording they have about that issue is:
Whereas Ada County Commissioners are willing to consider asking voters of Ada
County. I think our position has been that that's not what we want, we want them to say
that there will be a vote. I have heard that said that that's what's going to be done, but
this agreement does not say that.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I, too, agree with Mr. Rountree on that and also I believe before you take
anything, you have to figure out costs and I have yet to see any costs coming from
emergency services on what it costs to make these runs that they are losing money on
and I think they are just throwing dollars and stuff and I can't -- I can't support that and
I'm like Councilman Rountree, I -- unless it's a hundred percent guarantee that there is a
vote, I can't back it.
Meridian City Council
December 21, 2004
Page 6 of 67
De Weerd: Any other comments? I guess that from what I understand is what they
discussed today and it will go to the voters. I think it is safe to say that we support that,
we will support them in getting that out to the voters and educating our constituents as
to what this means. I also think it's safe to say we agree with them, that there is an
issue that needs to be addressed, and that we are also very willing participants to sit at
the table and discuss the blue ribbon task force recommendations and to find solutions
to move forward. I s that safe to --
Donnell: That's good.
Bird: That would be fine.
De Weerd: Okay. Okay. Well, then, we will -- if they ask us to tomorrow, we will bring
it up, if it was not understandable in our letter, so -- okay. Thanks, Council.
Item 7:
(Items Moved from Consent Agenda)
H. Resolution No. 04-057 Acceptance of Bear Creek
Pathway Property Lot 29 Block 15 of Bear Creek Subdivision
No.8:
De Weerd: Item 7 is Item H removed from the Consent Agenda. Mr. Attorney.
Nary: Thank you, Madam Mayor, Members of the Council. Mr. Brown from Briggs
Engineering is here and, if you recall, this is property that has a pathway adjacent to
Bear Creek. I think you heard a presentation about a month and a half ago from the --
both the parks department and Briggs. There is a requirement in the plat that they were
to dedicate this easement. They wanted to gift it to the city instead. Mr. Strong was
supportive of that and felt that was a good resolution for the city. There is a couple
things. The reason I asked to pull it was, one, if you had any questions for Mr. Brown
regarding the transfer of this property, he is here to answer that. Secondarily, on this
resolution there is a blank space for the value of the property. The finance department
had asked for a particular value, so they could add it properly in their accounting for all
the city's property. We will probably have to supplement that Jater, because part of the
gift of the transfer is going to be them building the fence on the property to fence off this
pathway from the rest of the subdivision, so they won't have a particular value and I
wanted you to be aware of that and if that was any concern to you, but they wanted to
get this transfer and this deed done before the end of the year and that's basically it,
unless you had questions for Mr. Brown, but I just wanted you to be aware of what the
particulars of this one was.
De Weerd: Did I see our parks director? Mr. Strong, do you have anything you want
to comment on?
Meridian City Council
December 21,2004
Page 7 of 67
Strong: Madam Mayor, Members of the Council, as just further clarification, the
developer has also agreed to fence along the side of the pathway that's near the ditch
as well, so they will actually be fencing both sides of the pathway.
De Weerd: Kent, do you have anything you would like to add?
Brown: The only fence that we had --
De Weerd: If you will, please, state your name and address first.
Brown: Ken Brown, 1800 West Overland, Boise, Idaho. The only fence that needs to
be put in at this time is the fence between the pathway that we have already installed
and the Ridenbaugh Canal to make it safe. It's something that the parks department
was going to have to try to budget. They weren't sure if they could get it done before
water goes into the canal. Nampa-Meridian wanted that done and so my developer
stepped forward and volunteered to do that also, but we will need to add that fence.
The fence between the subdivision and the path has already been fenced between that
portion. So, this is just for safety for people as they walk down.
De Weerd: Well, great. Thank you.
Nary: Madam Mayor, Members of the Council, we can certainly supplement with a
subsequent ether a resolution or something else if you would like to -- when we have
the particulars of what the value of the property was, if you would like us to do that, but
you certainly can approve the resolution without it at this point and it has language in
there that allows us to continue with the process and whatever documents need to be
signed and all of those other things. So, if you prefer we can certainly supplement it
later with a value.
De Weerd: Okay. Thank you. Would that be the desire of Council?
Bird: It would be mine.
Rountree: Works for me.
De Weerd: Okay. Thank you, Mr. Nary.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we have approve Resolution 04-457 and to provide a dollar value and
the fence itself, so --
Rountree: Second.
Meridian City Council
December 21,2004
Page 8 of 67
De Weerd: Okay. The motion is to approve Item 7-H. Any further discussion? Mr.
Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 8:
FP 04-075 Request for Final Plat approval of 49 single-family residential
building lots and 2 common lots on 12.14 acres in an R-8 zone for
Castlebrook Subdivision No.5 by Liberty Development, LLC - 4000
West Pine Avenue:
De Weerd: Thank you. Item 8 is FP 04-075. Anna.
Canning: Madam Mayor, Members of the Council, this is a request for 49 single-family
residential building lots and two common lots on 12.47 acres. This is the fifth phase of
Castlebrook. Pine Street is down to our south. Black Cat is toward the west and this is
the area that is shown in the preliminary plat. The density is 4.0 dwelling units gross
and, then, 5.0 dwelling units per acre. This is the final plat and it is in substantial
compliance with the approved preliminary plat. And staff is recommending approval of
Castlebrook Subdivision NO.5.
De Weerd: Okay. Council, any questions? Anna, was the applicant in agreement
with all conditions?
Canning: Yes. I spoke with the applicant before this hearing and they did state that
they were in agreement with the conditions of approval.
De Weerd: Okay. If the applicant has nothing they would like to add -- no? Okay.
Council?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No.8, FP 04-075, final plat for Castlebrook
Subdivision No.5.
Donnell: Second.
De Weerd:
discussion?
Okay. The motion is to approve Item No.8.
Mr. Berg. Oh, sorry. You're not Mr. Berg.
Is there any further
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
December 21, 2004
Page 9 of 67
Item 9:
FP 04-076 Request for Final Plat approval of 16 multi-family residential
building lots and 3 common lots on 5.7 acres in an L-O zone for
Roundtree Subdivision by Roundtree Development, LLC - Lot 2, BJock
1, Tramore Subdivision:
De Weerd: Thank you. Item 9 is FP 076. Start with staff comments.
Canning: Madam Mayor, Members of the Council, this is also off of Pine Street,
although further east. As you can see here, it is an odd-shaped parcel with a flag lot
that extends to Pine Street. The final plat is for 16 residential lots and three common
lots on 5.7 acres. Each of the 16 lots will have a muJti-family building, one four-plex on
them, so it's a total of 64 units. The common lots consist of open space, landscaping,
and drainage lots. The amenities in the subdivision consist of a half basketball court, a
sand volleyball court and a gazebo. This is the site plan that was approved by the City
Council. It was a little more heJpful to look at than the approved preliminary plat. But
the final plat is in substantial compliance with the approved preliminary plat and the staff
is recommending approval.
De Weerd: Thank you, Anna. Was the applicant in agreement with all staff--
Canning: The applicant just came up and I did not have a chance to discuss that with
them.
De Weerd: Okay. Is the applicant in agreement with the staff report? Okay. Unless
you want to come up and provide any further information? Okay. For the record, the
applicant agrees with all staff comments. Do I have a motion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No.9, FP 04-076, final plat for Roundtree
Subdivision.
Donnell: Second.
De Weerd:
discussion?
Okay. The motion is to approve Item NO.9.
Ms. Green.
Js there any further
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Had to remember your last name. Okay. We have entered into the Public
Hearing portion of our agenda and by our own city ordinance, that still has not been
Meridian City Council
December 21, 2004
Page 10 of 67
changed, they are required to swear in any person who would like to offer testimony
tonight on any of the items for Public Hearing. Items 10 through 17 are all public
hearings. If you will raise your right hand, I won't require that you actually testify, but if
you think you have testimony, if you will, please, raise your right hand. Is the testimony
you provide tonight the truth, the whole truth, and nothing but the truth, so help you
God? If so answer yes.
(Affirmative answers.)
Item 10:
Public Hearing: CUP 04-045 Request for a Conditional Use Permit for a
beauty salon in the O-T zone for Rodney Shaul by Rodney Shaul - 116
East Pine Avenue:
De Weerd: Thank you. Okay. Item 10 is a Public Hearing on CUP 04-045. I will open
this Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is a request for Looks Unlimited,
which will be a beauty salon. It's in the OT zone. It has OT zoning right now is what I
was trying to say. They are not asking for a rezone. It is not too far away from us. And
this is EI Tenampa out in front here, so it's right -- just one lot east of Main Street. It's a
.165-acre parcel, with an existing home on it. The existing home is 964 square feet and
that is what they are proposing to convert to the beauty salon. There will no longer be a
residence there. So, this would be a commercial business only. This is the last
commerciaJ -- or last residence on this block, I believe. All right. Now gets to be the
tricky part. At the Planning and Zoning Commission -- the Planning and Zoning
Commission has recommended approval to you. They did hold a Public Hearing and
Rod Shaul testified in favor, as did Chad Jones, Tammy Ward, and Gary Shaul. There
was no one in opposition. The key issues of discussion included the parking design and
access to Pine Avenue and the alley. Let me go through that briefly. The access
comes to the east of the existing home. It will connect through to the alley at the rear of
the property. The applicant is proposing 45 degree angle parking on the east side and,
then, 90 degree angle parking on the west side. There was a lot of discussion about the
requirement for a five-foot landscape buffer on both the east and the west for the
parking area. That's our standard requirement. Now, this is Old Town and we would
anticipate that some of those landscaping requirements would be modified. There was
discussion about doing two angled parkings. There is sufficient room to do that. The
applicant chooses to do the 90-degree angle parking, because they can get more
parking spaces. Let me go on with the Commissioners' hearing. The Commission
recommends that -- the key conditions to this initial staff recommendation were that the
applicant be allowed a right-in access to the site from Pine Avenue, so that would be
this location here, and that the Commission also recommended that the applicant work
with staff to develop an appropriate parking scheme that meets the intent of the
discussion this evening. And, as I said, they had quite a bit of discussion and it was
clear from that discussion and from the motion that -- that whatever needed to be done
with the landscaping requirements could basically be done as alternative compliance.
So, the outstanding issues before the City Council: On December 1 st ACHD
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December 21, 2004
Page 11 of 67
commission district met and approved the applicant's appeal for the requirement to pave
the abutting alley. That had been an ongoing issue, not necessarily with us, but with
ACHD. So, they did grant that appeal. And, then, they did submit a revised site plan
and that's the one that you see here tonight that shows a one way entrance into the site
from Pine Avenue with three 45 degree parking stalls and, then, the four 90 degree
parking stalls on the west side. If you go to the second page of the -- well, as I was
preparing for tonight, unfortunately, I found that staff had, in approving this
configuration, approved alternative parking requirements, instead of alternative
landscape requirements. The code does not allow staff or the City Council to approve
alternative compliance to the parking requirements that could only be done through a
variance procedure. I had a brief moment to talk with the applicant's engineer Chad
Jones and a very brief moment to talk to Mr. Shaul. There are a couple options. The
options -- the easiest option that I saw is to just remove this three foot buffer on the east
side. That would give the applicant enough room to get the required drive aisle width
and the required -- basically the required drive aisle width that they are missing. They
are also missing two feet of length on these angled parking spaces. The applicant, in
my brief discussion with him, was concerned about that. They have the pavers coming
tomorrow. He felt that they couldn't get any closer to the property line than the three
feet as is. If -- that would be staffs preferred alternative, I suppose. The other
alternative that I -- the only one I can think of is that if we have these all labeled as
compact spaces on this side, then, that would -- we could reduce that requirement by
two feet and, then, we will probably have to shift things up a little bit, because we need
to get 25 feet on this main drive aisle. So, it would be unusual to have a compact
handicapped access, but that's the only other option I can think of, other than asking the
applicant to come back with a variance. So, that is the outstanding issue before City
Council tonight. Staff is -- the Planning and Zoning Commission did recommend
approval of this application to you.
De Weerd: Thank you, Anna.
Canning: And depending on the way that the Council wants to go, there will need to be
modifications to the staff report that's before you tonight. Or not the staff report, I'm
sorry, the conditions of approval.
De Weerd: Okay. Anything else?
Canning: No. Sorry, ma'am.
De Weerd: Okay. I guess my concern is we have all seen what parks in compact
parking spots. They are not compact cars. So, would the applicant like to come
forward? If you will, please, state your name and address.
Shaul: My name is Rod Shaul. I live at 775 North Ten Mile.
De Weerd: Thank you. Do you have any comments?
Meridian City Council
December 21,2004
Page 12 of 67
Shaul: I guess the only comment is, like she said, we prepared for asphalt, because we
are on a deadline for asphalt. They shut the asphalt plants down. So, I can say that we
prep'd wider than what we are actually going to pour, so we can probably gain a little bit
there, but I can't tell you exactly how much we can gain, because I didn't know any of
this was going to happen until 6:55. So, we can probably gain another foot in width if
we gain it on both sides. Part of the problem -- do you have a pointer? Here. Part of
our issue is we had to put a drain along here for the driveway, so we had to have -- we
had to maintain that three foot width here to allow for the drainage for the drive aisle.
Obviously, it's easier to pour asphalt straight, so we -- our plan is to pour asphalt
straight here. We have the ability to move these down a little bit and what my plan was
is if we need to cut out for landscape, then, we'd actually cut the asphalt and do the
landscape afterwards, because it's so much easier to pour straight. So, along the
borders I can't tell you. Again, I can't tell you how much we can gain there. If we need
to pour concrete, we can pour concrete to gain, but if we pour against the fence, I guess
it doesn't make sense to me, because the bumpers are going to extend passed there,
so I can say we can probably gain at least six inches, maybe a foot, for what we have
prep'd, but I really can't tell you exactly how much we gain. We have chosen to do two
handicapped spots, simply for the fact that the person that owns the place or that's
going to manage this facility, Tammy Ward, which runs Looks Unlimited, is
handicapped, so we are trying to keep another access for handicapped, because she
will take one already. So, that's why there is two handicapped spots, just to be able to
try and maintain the handicapped access. So, I don't know if that makes any difference.
I have no clue what we need to gain here. Anna, can you --
Canning: Yes. Let me -- Mayor and Council, with your permission. The issue is you're
short two feet on these, so although you have got your wheel stop here, the parking stall
would actually come out much further this way. So, this is a particular problem. I think
if you have anybody parking there right now in any kind of large vehicle, they will
basically block this drive aisle as it is right now. With the applicant's suggestion that -- if
you can gain a foot on each side, is that what the applicant was saying?
Shaul: Possibly. I haven't went out there and measured, but we did prep back farther
than the width, so they can pour asphalt. We can move this down, too. We haven't --
we can move this on down towards the alley.
Canning: As currently drawn we have got a 24-foot drive aisle. It needs to be 25 feet.
If the applicant can gain one more foot on this -- in this area, then, that will leave a two
foot overhang for the bumpers and he's got a bumper concrete barrier to prevent them
hitting the fence, so that would provide the required distance from basically the fence
line to the back of those parking stalls and, then, a 25-foot drive aisle. So, that would be
-- meet code. And, then, on this side if we were to gain a foot and, then, move the
concrete barriers to the very end of the pavement, then, if we -- if we determine that
they were just overhanging into that by another foot, I think that gets us there. I'm sure
that made no sense to anyone but me. But if the applicant can get another foot of
concrete -- asphalt on each side, then, I think we can make that work.
Meridian City Council
December 21,2004
Page 13 of 67
De Weerd: Rod, where will the applicant -- or where will the owner be parking? Will it
be in an angled one?
Shaul: No. We, actually, planned this as being hers -- her spot there.
De Weerd: Yeah. Because most your handicapped vehicles are not small.
Shaul: She has like a mini van, which that's -- I would say that is standard for most
handicapped people. A handicapped vehicle, you know, you have got handicapped
people that drive regular cars or pickups, so the mini-van is -- we did a lot of research
on that before we bought her vehicle and that's kind of a standard for -- I guess for
somebody in a wheelchair.
De Weerd: Okay.
Shaul: So, it appears that we have -- if we move these spots down, we have a couple
feet there and I don't have the drawings and I'm not familiar with it, but we do have
enough room to move those down to allow for more of a radius here to gain that. We
don't even have to have that as a handicapped, but we would like it as a handicapped,
so we can -- her whole plan is to -- obviously, if somebody in a wheelchair wants to
access -- you know, make it accessible for other people in wheelchairs. So, that's her
goal.
De Weerd: Okay. Council, do you have any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I have a question for Anna. How many parking spots are required?
Canning: Five. So, they have more parking than is required.
Shaul: Part of the reason for that is Tammy has five employees and each one of those
employees has a customer, so we wanted to do as much parking as possible. We have
the ability to have two spots out front and that puts us at pretty much what she can
handle without having people park across the street and try and make it across the
traffic and other things like that. The girls are going to try and maintain as much room in
the back for customers as possible, plus our handicapped ramp is -- this isn't exactly
right. It actually comes out here on a pad and, then, the ramp starts about right here
and wraps around. So, the access to the front of the building will be off of this parking
lot and wrap around. So, we are going to modify the current walkway there to a four-
foot walkway, but just because of the parking situation, most of the parking we are
hoping will come off the back for safety issues.
Rountree: Madam Mayor?
Meridian City Council
December 21, 2004
Page 14 of 67
De Weerd: Mr. Rountree.
Rountree: Rod, you know, we are not here to design for you and we don't have any
dimensions that we can read on these particular graphics, but it seems to me that you
can probably from this point -- and you say you can go this direction some more, but
you could almost get three parallel parking places right there along that border and your
problem goes away.
Shaul: Right. And what made this drawing happen is because we were trying to do the
most we could -- we understood that we had a five foot boundary for landscape that we
initially had, which was different than what we had planned, so the reason we did that is
to add a little bit of landscape down there to try and make up for the five foot boundary.
So, we can move it down and I can -- you know, we can -- I can plant some trees over
here and do more landscape along the walkway. I'm willing to do what we can to make
this thing work, but, obviously, parking is essential and our room.
Bird: You say the problem -- excuse me. Madam Mayor?
De Weerd: Mr. Bird.
Bird: Rod, do you see any -- what Charlie just said, do you see anything wrong with
that? I don't. I think that would solve your problem real fast.
Shaul: No. We can -- we can move this down with no problem on down. We are
paving that anyway and if I have to cut it out, I will have to cut it out, but it's just going to
make it so much easier to pave flat than it is to do these cut outs. So, we can move
those spots down with no problem.
Bird: I think that would solve your problem.
Canning: Madam Mayor, Members of the Council, just shifting it northward doesn't
solve the dimensions to east to west. It's solves this problem here with the corner and
providing a 13 foot backup area, but it doesn't solve the problem from east to west not
having the required length of parking stalls.
De Weerd: Well, I think that would be still adding the --
Canning: The two feet?
De Weerd: Uh-huh.
Canning: Oh. Okay. I just wanted to--
De Weerd: Wouldn't it, Mr. Rountree?
Meridian City Council
December 21,2004
Page 15 of 67
Rountree: If they need that to provide the width of the approach there, that's an issue.
Canning: They would.
Rountree: The approach is the issue.
Canning: Yes.
Rountree: Or the entrance, whatever you call it.
De Weerd: Will that work?
Shaul: It works as long as we prep back that far. Our problem is they shut the asphalt
plants down -- they were supposed to shut down today, so they are going to hold up
until Friday and they are planning on pouring tomorrow, but we really don't have --
unfortunately, don't have the time to come back and prep a three foot strip on both
sides, so we will pour out as wide as we can and if that's not wide enough, I'm going to
have to pour concrete. But I guess I don't see a reason to, if the wheel stops here, to
pour concrete to the fence when it's not usable -- usable ground. But, obviously, we got
to do what we got to do, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Well, if we go north -- and I don't know how many feet that is, what, five feet or
four feet or something like that farther north?
Shaul: Oh, yeah.
Bird: You could get away from -- you could actually get a little different other than the
45-degree parking. That would give you longer ones and still get rid of your entry
problem. Swing the front end out a little.
Shaul: We could do that. I think that at a bare minimum we can gain a foot on both
sides I would say. But, again, it -- I didn't have enough notice to go out and actually
measure that tonight, but I know that we have close to -- close to a foot overlay to prep
this thing, so we should be able to pour, hopefully, two feet wider than our plan.
De Weerd: Well -- and it sounds like that would be sufficient.
Shaul: And that would be sufficient if we have that prep'd. And we will do what we can.
We will do as best we can.
Meridian City Council
December 21 , 2004
Page 16 of 67
Canning: Madam Mayor, I think we will just work with the applicant in the field on this
one. I don't think we have much choice. J think the dimensions are going to be tight no
matter what we do and we will make sure it's safe.
De Weerd: There you have it. Commitment from staff.
Shaul: Thank you.
De Weerd: Okay. Is there anyone else who would like to provide testimony on this
application? Okay. Council?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Seeing no other comments, I move we close the Public Hearing.
Donnell: Second.
De Weerd: All those in favor say aye. All ayes. Motion carries.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: If I could ask Anna. Anna, if we approve this motion with the applicant's
comments, does that -- do we need to modify the staff conditions and bring it back for
final approval or --
Canning: I think we can do it now, if you're willing to be a little bit patient with me on
Exhibit A for the Conditional Use Permit. Item No.1, let's add a new condition that
would move the angled parking one-foot toward the east property line or extend the
angled parking. And similarly extend the parallel -- or the gO-degree parking one-foot
toward the west property line. And, then, maintain at least 13 feet for backup. And a
25-foot width for the drive aisle. And, then, remove condition number four, which states
remove the wheel stops for the 45-degree parking stalls. Then I think we are okay.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: See if we can get this right the first time. I move that we approve Item No.1 0,
CUP 04-045, Conditional Use Permit for Rodney Shaul, modifying Exhibit A, number
one, adding the phrase extend angled parking one foot east towards the property line
and extending the 90-degree parking one foot west toward the property line.
Meridian City Council
December 21, 2004
Page 17 of 67
Maintaining a 13 -- maintaining 13 feet for backup and a 25-foot distance for drive aisle
and to remove item number four in reference to the stops.
Bird: Second.
De Weerd: Amazing, Mr. Wardle. Okay. Is there any further discussion? The motion
is to approve Item 10 with the amendments as stated. Mrs. Green, will you, please, call
roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 11:
Pubic Hearing: RZ 04-014 Request for a Rezone of 2.4 acres from R-4
to R-15 zones for Cedar SprinQs Place Subdivision by Plantation Place,
LLP - southwest corner of North Meridian Road and West Ashby Drive:
Item 12:
Public Hearing: PP 04-039 Request for Preliminary Plat approval for 2
residentiaJ building lots on 2.4 acres in a proposed R-15 zone for Cedar
Springs Place Subdivision by Plantation Place, LLP - southwest corner
of North Meridian Road and West Ashby Drive:
Item 13:
Public Hearing: CUP 04-048 Request for a Conditional Use Permit for a
Planned Development for a new 27-unit assisted living facility and 13-unit
independent living facility in a proposed R-15 zone for Cedar Springs
Place Subdivision by Plantation Place, LLP - southwest corner of North
Meridian Road and West Ashby Drive:
De Weerd: Thank you. Items 11, 12 and 13 are RZ 04-014, PP 04-039, and 04-048.
will open these three public hearings with staff comments.
Canning: Madam Mayor, Members of the Council, this is a request only for a
subdivision. There is no accompany rezone -- what am I doing in Cedar Springs? I
pulled up Milliron. I'm sorry. Okay. Let's try this again. Madam Mayor, Members of the
Council, this is a request for a rezone, a preliminary plat, and Conditional Use Permit for
a planned development on 2.4 acres. The 2.4 acres that you see here, which is just
north of Settler's Park along Meridian Road north of Ustick and, then, this is Cedar
Springs residential sub here. We have Ashley Drive that provides the northern
boundary to the property. This property was kind of an out parcel when the original
Cedar Springs was developed, so it was not preliminary platted or it was added on. We
didn't feel it was appropriate to do residential development there, just standard
residential, so they have come in with this request today. As you can see, the site is
currently vacant and the applicant is requesting to rezone the entire property from R-4
to R-15. It does have a medium density residential designation on the Comprehensive
Plan. The preliminary -- or the combined -- yeah. The preliminary plat is just for two
lots. One of the lots would be for the assisted living facility and, then, one would be for
Meridian City Council
December 21, 2004
Page 18 of 67
the independent living units. So, the Conditional Use Permit does include a request for
27 unit assisted living facilities and, then, 13 independent living units. Those are on the
west side of the property. The assisted living facility is a single story structure and I do
have some elevations of that and it would house 22 -- I don't have that information. The
independent living facilities are a range of buildings. There is one -- or two four-plexes,
one three-plex and, then, one duplex. So, you can see the -- here is a four-plex. There
is a four-plex. There is the duplex. And, then, there is the three-plex. As far as
amenities go, for the planned development, the applicant is proposing to construct two
open courtyards with water features and open patio adjacent to the dining room of the
assisted living facility and a garden plot and two sitting areas on the independent living
unit lot and the walkways that traverse the site would tie into existing walkways in
Settler's Park. You can see the tie at that location here and -- three on the south and
one on the west. The independent living units, each is proposing 156 square-feet of
private usabJe open space and, then, a 96 square-foot back patio and a 50-foot square
foot front porch. So, they more than exceed the 100 feet of private usable open space
that we ask for in multi-family units. The Planning and Zoning Commission held a
hearing on November 18th. They have recommended approval to the City Council.
The applicant Chad Pollack spoke in favor of the application. There was no one
testifying in opposition to it. The key issues of discussion were the fire department's
requirements for all occupants to be capable of self-preservation. There is a follow-up
memo from Rich Green saying that that was only required for the independent living
units and does not -- it would not apply to the assisted living units. There are different
fire access requirements and sprinkling requirements for those units if they are not
capable of self-preservation. So, that he did write a letter clarifying that that only
applied to the independent living facilities. And I believe that was the onJy outstanding
issue before the City Council. It has been cleared up and I will end staff's presentation.
Oh, I have -- I'm sorry. This is another view of the site plan. You can see there is a
couple open courtyards in the assisted living facility. Landscape plan. And, then, these
are the elevations. This is the north elevation, so this would face the residences in
Cedar Springs. This is kind of an angled elevation as you look at it from the northwest,
so as you're looking down on it and seeing the full entrance to the independent living --
or the assisted living facility. This is the west elevation and I can't read them from this
distance. I believe this is the one that faces Meridian Road and, then, these are the
elevations of the smaller units. And with that I'll end staff's presentation.
De Weerd: Okay. Council, any questions for staff?
Bird: I have none, Mayor.
Rountree: None.
De Weerd: Okay. Is the applicant here. If you will, please, state your name and
address.
Pollack: Chad Pollack with Petersen-Staggs Architects, 5200 West State Street, Boise,
Idaho.
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December 21, 2004
Page 19 of 67
De Weerd: Thank you.
Pollack: We have had a chance to meet with the fire department and have agreed to
their memo and agree with all staff comments, so I would be happy to answer any
questions.
De Weerd: Okay. Council, do you have any questions for the applicant?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Madam Mayor, I see that in the packet the parks department commented on
allowing connection to the existing pathway facility for the park. What type of fencing
are you proposing for the perimeter that borders the park?
Pollack: We are proposing a decorative wrought iron fence.
Wardle: Thank you.
De Weerd: Okay. Thank you very much. Okay. Is there anyone who would like to
provide public testimony on this application? Application 11, 12 and 13. Okay.
Canning: Madam Mayor?
De Weerd: Yes, Anna.
Canning: To follow up on Councilman Wardle's question of the application, we did look
in -- it's not on the landscape plan, so if that's an important issue to Council, then, you
may want to consider that as a condition of approval.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Anna, I -- correct me if I'm wrong, but I believe we require open view fencing
adjacent to parks, unless special consideration is made; is that not correct?
Canning: Our only technical requirement is when it's along a micro-path. Oftentimes
when subdivisions do come through we require it adjacent to open space, so that there
is that ability to look in. So, it's not in the code, though. So, if you want it to be a
condition of approval, then --
Wardle: Madam Mayor, follow up. Which part of the application would that go to, the
plat or the --
Meridian City Council
December 21, 2004
Page 20 of 67
Canning: Mayas well put it with the Conditional Use Permit.
Wardle: Okay. Thank you.
De Weerd: Okay. Any further questions, Council? Okay. This Public Hearing is open.
Do I have a motion to close?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Don nell: I move that we close the Public Hearing on Item No. 11, 12 and 13.
Wardle: Second.
De Weerd: Okay. The motion is to close the public hearings on 11, 12 and 13. All
those in favor say aye. Okay. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 11.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 11, RZ 04-014, rezone for Cedar Springs
Place Subdivision.
Rountree: Second.
De Weerd: Okay. Motion to approve Item 11. Is there any further discussion?
Hearing none, Mrs. Green.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Item 12. Mr. Wardle.
Wardle: Madam Mayor, I move that we approve Item No. 12, PP 04-039, preliminary
plat for Cedar Springs Place Subdivision.
Rountree: Second.
Meridian City Council
December 21,2004
Page 21 of 67
Donnell: Second.
De Weerd: Okay. There is a motion to approve Item 12, Any further discussions?
Ms. Green.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES,
De Weerd: Okay. Mr. Wardle.
Wardle: Madam Mayor, I move that we approve Item No. 13, CUP 04-048, Conditional
Use Permit for Cedar Springs Place Subdivision and to include as a condition
applicant's comments of their intent to install wrought iron fencing on the perimeter of
the development adjacent to the city park.
Donnell: Second.
De Weerd: Okay. The motion is to approve Item 13 with the addition. If there is no
further discussion, Mrs. Green.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 14:
Public Hearing: PP 04-034 Request for Preliminary Plat approval for 83
single-family residential building lots and 5 common lots on 25.86 acres in
an R-4 zone for Milliron Subdivision by Dyver Development, LLC -
northeast corner of North Black Cat Road and West Cherry Lane:
De Weerd: Thank you. Okay. Item 14 is Public Hearing PP 04-034. I will open this
item with staff comments.
Canning: Madam Mayor, Members of the Council, this property is located at the corner
of Cherry Lane and Black Cat, as you see here. This property was annexed some time
ago, we believe in the late 1970s. It does have an R-4 zoning designation. The
applicant is before you here tonight with only a preliminary plat application, There is not
a rezone request or a planned development request. As you can see, there is one
existing home on the property and that has been incorporated into the subdivision at the
northeast corner of the property. The original submittal did not have an access onto
Cherry Lane. They did go back to ACHD and get that access approved, so there are
two accesses, one for Black Cat, one from Cherry Lane, and there is a fairly regular grid
pattern within the subdivision as you see and, then, there is a stub street to the -- or the
connect up to an existing stub street to the east of the property. Sorry. Looking for the -
- okay. The Planning and Zoning Commission has recommended approval of this
application. The applicant spoke in favor of the application at the Planning and Zoning
i
I
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December 21,2004
Page 22 of 67
Commission. That was Ken Amar and he is again here tonight. In opposition there
were nine neighbors testified at the hearing on the 21 st of October. There were two
hearings and I will explain that in a moment. And, then, ten neighbors testified at the
November 4th hearing. Most of the residents were from Golf View Estates, which is to
the north and east of the property. And there was one resident off of Black Cat Road
that testified in opposition. The opposition focused on lot size, house size,
Comprehensive Plan compatibility issues, traffic safety, and property devaluation. The
key issues of the discussion at the first hearing was the vehicular access to Cherry Lane
and, then, the applicant did go back and add that access to Cherry Lane. The key
issues of discussion at the next hearing were the existing zoning and allowed uses.
Actually, that was at both hearings. And, then, the neighborhood compatibility issues.
So, at the October 21 st Planning and Zoning Commission hearing, the P&Z
Commission continued the Public Hearing with a directive to the applicant to pursue a
new street connection to Cherry Lane with ACHD, which they did do, and hold a
neighborhood meeting, which they did do. So, then, they came back on November 4th
with that revised plat. The key conditions and changes to the staff -- initial staff
recommendation were that the minimum house size of -- to require a minimum house
size of 1,600 square feet adjacent to Golf View Estates Subdivision. Again, that's on
the north and east property lines. and then, to add the application agreements with Golf
View Estates Homeowners Association as conditions of approval of the subdivision
CC&Rs. And I don't know if Council has those in their packet. It's just simply titled
Milliron Subdivision at the top and, then, it has a number of bulleted items. I feel it's
probabJy important to at least read those to you now. All houses shall have a front yard
light installed during construction. The yard light to include a 60-watt bulb and photo
cell. All roofing material to be 30 year black architectural composition shingles or
greater as approved by the architectural control committee. A roof pitch to be a
minimum of a 6/12. All houses to be constructed using masonite siding, stucco, brick,
concrete siding or equivalent. No vinyl siding will be permitted. Minimum house size to
be 1 ,400 square feet, except on those lots along the north and east property lines and,
then, the minimum house size to be 1,600 square feet. There were lot line fencing
adjacent to the north and east property line, as well as those lots that are adjacent to
the park area to be restricted to four foot height maximum and to be vinyl material, as
approved by the architectural control committee. The pathway on the north and east
property line is private property and is owned and maintained by Golf View owners
association. Access from Milliron Subdivision is prohibited. Rear yard landscaping,
including grass and a minimum of one tree is required to be installed within six months
of occupancy of the home. Front yard landscaping on all houses, including the
following: The front yard sod and underground sprinkler system. Two two-inch caliper
trees and five two-gallon shrubs installed in the front yard. All trees to have a three-foot
diameter tree ring surrounding the trees. Corner lots to have an additional two two-inch
caliper trees installed on the sites -- street side of the house. Street side fencing to be
installed on all lots within 60 days from occupancy permit. Wing fencing on interior lots
and wing fencing plus street side fencing on corner lots. Wing fencing to be set back
five feet from each corner of the front of the house and street side fencing to be installed
ten feet from the sidewalk. So, again, those were the major -- I would imagine major
items of discussion at the neighborhood meeting and, then, those were incorporated
Meridian City Council
December 21, 2004
Page 23 of 67
into the Planning and Zoning Commission's approval as noted previously. There were
some questions about ACHD's conditions of approval still mentioning that -- the no new
street connection to Cherry Lane. I believe the applicant has provided a letter from
ACHD and I have a memorandum from Ms. Christy Richardson stating that that access
was approved, so I think we have resolved that issue. And, then, revised preliminary
plat, site specific condition number three and four required the applicant to revise the
preliminary plat. Staff has asked that those two conditions be deleted, because they are
no longer necessary. The applicant has already revised those. And the only other
issue I noted as I was going through preparing for you tonight is on page three of five,
condition number 14 references that document that I just read, but it does not include it
as part of the recommendation and J just thought that perhaps we should attach that as
Exhibit F. And, again, those are just commitments that the applicant has made to put in
the CC&Rs. So, those would not be enforced by the city. Those are just -- would be
enforced by that homeowners association. With that I'll answer any questions that the
Council might have.
De Weerd: Council, do you have any questions at this time?
Donnell: Not at this time.
Bird: I have none.
Rountree: None right now.
De Weerd: Okay. Is the applicant here? Okay. If you will, please, state your name
and address.
Amar: My name is Kevin Amar. Address -- we just moved. 36 East Pine in Meridian.
De Weerd: Okay. And you have 15 minutes for your presentation.
Amar: I wasn't here for the swearing in, so I'm supposed to do that. Sorry.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Amar: It certainly is.
De Weerd: Thank you.
Amar: Thank you. Madam Mayor, Council members, as I said, my name is Kevin
Amar, I'm here tonight representing Milliron Subdivision. Milliron Subdivision is 25
acres, 83 residential lots and, actually, 82 new residential lots. There is an existing
house out there, as Anna had indicated. Anna, do you have that -- oh, she's putting one
up for us that has fewer lines on it, so it's a little easier to see. The project is on the
corner of Black Cat and Cherry Lane. It's been a bare piece of property for years. The
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December 21, 2004
Page 24 of 67
house actually sits on this lot here in the northeast corner. It was constructed about 12
years ago and it's been -- there is a pasture and it's been an onion field for at least the
last year or so. The improvements along Cherry Lane exist and by improvements full
curb, gutter and sidewalk currently exist and we will be using that sidewalk. There are a
couple of curb cuts, one at this location and one here that will have to be redone and
put in actual curb and gutter, vertical curb and gutter and, then, there will be a berm
behind it as required by the City of Meridian. On this section that will need -- we will
need to put in sidewalk and it will be, actually, a meandering sidewalk within the berm,
as typical along -- along Black Cat. But, again, it would be within the -- it would be in
that area and it would be Jandscaped. The entire perimeter will be fenced by the
developer, by us, and on the arterials there will be a six-foot fence. On the area on this
section, the east and on the north, we will be putting in a four-foot vinyl fence and, then,
also around the park area will be a four-foot vinyl fence. The reason we are doing a
four-foot fence is although we can't use this pathway and we recognize that, we did not
want to create site obstruction to that pathway. This boundary of Golf View Estates has
been fenced -- currently is fenced and it's a four foot fence, so we can make matching
height with a cedar fence and we will put in a vinyJ fence. On this pathway some is
fenced and some isn't, but we did not want to create a corridor there where safety may
be an issue. The park area is for once on the high side of the property and will be just a
park area. There is no storm drainage. There may be some underground seepage
beds, but it's not going to be a depressed area, it's not going to be an indentation, it's
not going to do anything but be a park area. We will put a playground structure in that--
in that park for the residents to use. This is our storm drainage. It does not count into
our open space, we certainly will meet your storm drainage requirements and it will
drain within the appropriate time frame and it will be a nice, green, grassy area, but it's
not something we counted as five percent. Storm drainage is everybody's friend and
foe, I think. The project itself, as I said, it was -- or the property was annexed sometime
in the 70s. It is an R-4 designation now. We are not asking for a rezone or requesting
anything other than the preliminary plat on the property. We did hold a neighborhood
meeting at the request of the neighbors and the Planning and Zoning. We held that on
the 20th of October and I will give you a copy -- do you have a copy of this on your --
this is the request that -- what we are requesting as conditions of approval. You can
either make those conditions of approval or require them to be in the CC&Rs. Either
way we intend on putting those in the CC&Rs and enforcing them. Those were some
items that came out of the neighborhood meeting. Also, a letter from the highway
district -- should have done this all at once. The first Public Hearing it was requested,
but we added an additional access onto Cherry Lane. We had intended on using this
access here and, then, going through Golf View. Neither the neighbors, nor the
Planning and Zoning Commission, thought that was a good idea, so that letter merely
states that this is an accepted access point and it is approved within the conditions of
approval for Ada County Highway District. With that I will be happy to stand for any
questions.
De Weerd: What is the water table in that area? I know the area south of Cherry Lane
has a pretty high water table.
Meridian City Council
December 21, 2004
Page 25 of 67
Amar: I have got my geo tech report. I'm going to give you a real number.
De Weerd: You know, high, low, works for me.
Amar: Low. Low in relative to seepage beds and storm drain ponds. les about eight
feet in the corner where we are putting in the storm drain area.
De Weerd: But it would drain within the requirements?
Amar: Correct. It certainJy would.
De Weerd: It's not going to be sitting there long.
Amar: No. And if you want more information on it, I will let the man answer your
questions. He, actually, is the designer, Chad Kelly with Bailey Engineering, and we
can answer those questions better than Jean.
De Weerd: Okay. Council, do you have any questions for the applicant?
Bird: I have none, Mayor.
Donnell: No.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I do. You indicated that there would be berming on both Cherry Lane and
Black Cat. Could you describe what that consists of and is it your intent to make that
consistent with what's currently up and down Black Cat and what's currently adjacent to
you on the east side of Golf View?
Amar: Yes. Madam Mayor, Council-member Rountree, that is our intent. We have
done a couple of projects on Black Cat and some of the neighbors have seen
Bridgestone, which is the one that we just did the landscaping and we intend on making
this landscaping similar to that style, but there is the berm, the landscape, lots of trees
and shrubbery and the fencing on the back side of it.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I would point out that both Golf View and what's the other one? Ashford
Greens. Have considerable architectural elements within their Jandscape berms, rock
Meridian City Council
December 21, 2004
Page 26 of 67
features, those sorts of things. Are you intending to be consistent with what's adjacent
to you in both north and west -- or east of you?
Amar: Madam Mayor, Councilmember Rountree, if I might ask for clarification. Are you
talking about the landscaping borders that they have installed?
Rountree: That, as well as some instances there is some retaining wall where needed.
Amar: Directly east of us there is a retaining wall and that is near the -- there is an
irrigation structure there, as I recal!. We won't put the retaining wall there, because we
don't have that irrigation structure to protect, hide, obscure, but we do use extensive
rock on all borders. Landscape rocks and, then, berming, such as has been done on
the streets. But I don't anticipate any retaining walls, simply because there is no use for
that.
Rountree: Thank you.
De Weerd: Okay. Anything further, Council, at this time?
Okay. Thank you.
Amar: Thank you.
De Weerd: Okay. I do have a number of people that have signed up. When I read
your name, I will indicate if you signed up either for or against and if you would like to
provide testimony at that time, please, come forward. I have Clarence Malone against.
Okay. Would you like to provide testimony?
Malone: Yes, I would.
De Weerd: Okay. So, when I call your name and indicate for or against, if you would
like to provide testimony, just come on up. If you will, please, state your name and
address.
Malone: My name is Clarence Malone and I live at 2337 Black Cat Road.
De Weerd: Thank you.
Malone: In Ashford Greens. My concern is the size of the lots and the size of the
homes being consistent with the homes in Golf View and Ashford Greens. The people -
- the people have invested a lot in those areas and I'm just concerned that, you know,
our values are being protected and that is what I'm addressing at this meeting.
De Weerd: Okay.
Malone: So, thank you.
De Weerd: Thank you. Fred Becker against. Thank you.
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December 21, 2004
Page 27 of 67
Becker: Mayor and Council --
De Weerd: Please state your name and address.
Becker: Fred Becker, 2365 North White Ash Place, Ashford Greens.
De Weerd: Thank you.
Becker: I did not receive a notice of the neighborhood meeting. I don't know what
happened there. But my objection is that the homes are not compatible with the homes
in the area. Plus the lots are not compatible. And that's my main objection.
De Weerd: Okay. Thank you, sir. We will ask the developer when he gets up to
answer that, where all the notices for the public meeting went.
Becker: Thank you.
De Weerd: Okay. Lorita Becker is against. Thank you. John Malone against. Thank
you. Dave Learner. Against.
Learner: Dave Learner, 4603 West White Ash.
De Weerd: Thank you.
Learner: I'd just like to address the same thing everybody else is. Size of the homes
and the compatibility of the two subdivisions. We have had neighborhood meetings.
These same comments come up each and every time and the builder has agreed --
excuse me -- the developer as agreed to go with 1,600 square foot homes on the back
end or against our subdivision with the properties that join. Well, most of those homes
and anybody that lives in that area or have been in that area are well over 2,500 square
feet. Well over, what, 3,000 square feet. A 1,600 square foot home right in your
backyard and I'm one of the people that it's right in my backyard, it's not compatible. It's
not even close. We bought in there to protect our investment and figured that with a
little bit of -- we knew homes were going to go in there, I mean that's obvious. I'm not
against a project going in there, but get something that's compatible. In the
neighborhood meeting and every time we come into these meetings -- this is the fourth
one I have been to -- they always come back and say, well, the zoning is for R -- you
know, R-4, four units per acre. Okay. Four units per acre. But let's have something
that's compatible. And I think that that's not what the developer is planning on building
in there. That's alii have to say.
De Weerd: Thank you. Greg Embry for. Okay. Steve Peiper. Thank you. Against.
Peiper: Steve Peiper, 4655 West White Ash Drive.
Meridian City Council
December 21,2004
Page 28 of 67
De Weerd: Thank you.
Peiper: My concerns are the same as the other residents of the neighborhood. It is
basically a compatibility issue and the protection of our investment. As has been stated,
the houses that are proposed to back up against ours are about half the size. There is
not going to be the space between the homes that we have in Golf View Subdivision
and the landscaping requirements are quite a step down from what is required in the
Golf View Subdivision. I'm going to look out into somebody's backyard that's not
necessarily even going to be sodded, they are going to have one tree and it's just a
compatibility issue. I mean there is people in our subdivision that probably have almost
1,600 square foot garages, let alone homes. Those, like has been stated, are about
half the size of the homes that they are going to be backing up against and that's all I
have. Thank you, Madam Mayor and City council.
De Weerd: Thank you. Sanda Randall is against. Thank you. Heather Lanehart,
against.
Lanehart: Heather Lanehart, 1801 North Golf View Way and I'm also on the Golf View
homeowners association board. Madam Mayor and City Council, first of all, I'd like to
thank you for your service to our community, especially at this holiday time. We
appreciate your dedication to the city. In this city's Comprehensive Plan one of the six
community values is to enhance Meridian's quality of life for all residents. One of the
listed objectives is to maintain integrity of housing areas, to preserve values and
ambience of areas. Although Milliron Subdivision does meet all the zoning
requirements in lot size and minimum house size, as proposed it does not preserve the
ambience with the adjacent subdivision for two reasons. Number one, the irrigation
easement on the north here, our walking path from Golf View goes all along the
northern and the eastern border and cuts off just a little bit off into our property. On the
northern border there is an irrigation easement where the developer cannot build and he
has proposed to keep it as a common lot and weed free and I think we can do better
than that. I think we can use this open space and require some landscaping there to
beautify the area. We have talked with the Settler's Irrigation District and they will allow
landscaping on that easement, as long as it is not higher than three feet. The second
reason is the backyards of all the lots adjacent to the walkway are not equal in
landscaping requirements or appearance controls and if you will put that paper up that I
left. I have a comparison chart that I prepared with the landscape requirements for --
that's kind of small. I don't know if you can zoom in on the bottom at all, but Golf View is
listed on the left and the proposed Milliron on the right. Specifically right here, the
backyard next to the common area landscaping is what we are talking about. The Golf
View homes, which are existing, have a minimum of four trees and 14 shrubs, whereas
the Milliron houses will have one tree. Because the fence that -- and you can go back
to the map now, please. Because the fence that goes along the walking path has been
proposed as only four feet high, you will be able to see into these backyards, but also
have no screening requirements for pet enclosures or any other nuisances. It will totally
detract from the esthetic value of our walking path as we go along here. Therefore, we
propose that the fence be increased to six feet in height of a solid vinyl fence and I have
Meridian City Council
December 21, 2004
Page 29 of 67
spoken with Planning and Zoning yesterday and they said because it's not a micro-path
that could be approved. That's all.
De Weerd: Thank you. Any questions?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: When you were giving the comparison, are those the current shrubs and
trees?
Lanehart: What we have --
Donnell: Or were they the requirements when those homes were built?
Lanehart: They are the requirement and we control it and maintain it.
Donnell: Now, okay, I'm going to ask you again. The 14 -- the seven five gallon and the
seven one gallon shrubs were requirements of the home when they were built?
Lanehart: When they were built.
Donnell: Okay.
Lanehart: They had -- and down here they had to be in within 30 days of completion
and the Milliron has six months to put it in.
Donnell: Thank you.
De Weerd: Anna, can you give that to the city clerk, so we can make a copy for
Council?
Lanehart: I'm sorry. I should have --
De Weerd: No. That's fine. Any further questions? Thank you.
Canning: Madam Mayor, Mrs. Lanehart spoke about the fencing requirement and I did
want to verify that she did talk to Brad Hawkins-Clark and the four-foot is generally a
requirement we have on public pathways. Because this is a private pathway and we
don't anticipate that it will ever become a public pathway, a six-foot fence adjacent to
Golf View Estates would be -- would be okay. Or would be allowed. Or could be
allowed jf the Council wishes to do that. If the Council wishes to go that way, you do
need to make a modification to the P&Z recommendation, because they have
specifically recommended a four-foot fence.
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December 21, 2004
Page 30 of 67
De Weerd: Thank you. Harry Woodruff. Against.
Woodruff: Harry Woodruff. I live at 4386 West White Birch Court in Golf View Estates.
I'm the president of the Golf View Estates homeowners association currently and,
obviously, I'm against the proposal for many of the same reasons that Heather
commented to you on. I brought a letter down to Council chambers earlier in the month
and I hope you all received a copy of that. I think it's self-explanatory what I wrote in the
letter. I hope it's considered strongly. But here, again, I would like to make the Council
aware that we went to some extensive costs to do research on the Comprehensive Plan
for the city, which we found to be in noncompliance with this subdivision, mainly in
compatibility issues. We don't feel it's compatible. Our research didn't indicate that it
was. And that's basically what we are really looking for is a continuation extension of
the subdivision we currently have that is in likeness and manner and style and to
enhance the property values, the living area for ourselves, as well as the city to be
continued as a well planned development like we already have. We don't feel this
development is up to the standards of our subdivision landscaping standards, et cetera.
With those things in mind again and with the letter I wrote to the city and so forth, I
would hope you reconsider what the Planning and Zoning has recommended as a do
pass and deny the application of the applicant to the subdivision. I thank you for your
time.
Bird: Madam Mayor, I have a question.
De Weerd: Thank you. Mr. Bird.
Bird: Sir? Harry? What is the minimum house size for your CC&Rs in Golf View?
Woodruff: Our minimum house size started at 1,800 square feet and the only reason
that was that small was because of a small number of odd-shaped lots that were hard to
get any larger homes on it without going multiple stories.
Bird: But your minimum is 1800?
Woodruff: Yes, it is.
Bird: Thank you.
De Weerd: Thank you. Sandy Hoover against.
Hoover: I'm Sandy Hoover and I live at 4625 West White Ash Drive.
De Weerd: Thank you.
Hoover: And I live right behind where they are going to build -- the home that's going to
stay there and, actually, I should have addressed you right. I have never done this
before. But I am concerned about the fence also. We have our house for sale at this
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time and we had a buyer and they were concerned about the building that was going to
be going on behind our home, this big subdivision, and I am -- I would like to see a six
foot fence go up, because they did not buy my house because of all this going on. So,
I'm concerned about this procedure that's happened with our subdivision. I built in this
subdivision because of the resale value. We are doing a two year plan where we are
going to move on to build another home somewhere, nicer subdivision, but we built in
this subdivision on purpose to have a nicer home to be able to resell and I might not be
able to find better, because of this being able to see into the backyard of someone that
has one tree or no sod like that. So, I would just proposed on my thoughts if -- that we
could put a six foot fence up, at least do that much and, then, also landscape behind, so
that it has a nicer approach to it. And I appreciate your time. Thank you very much.
De Weerd: Thank you. Ron Anderson. I'm sorry. Even though you were sworn in I --
Rountree: He deserves it.
Anderson: I'll probably need three or four of those before you're satisfied.
De Weerd: Please state your name and address.
Anderson: Ron Anderson, 4327 West Quaker Ridge Drive.
De Weerd: Thank you.
Anderson: Madam Mayor and City Council Members, I'm here before you tonight to
oppose this subdivision and to ask for your assistance. I'd like to start off with my wife
and I, Debbie, have lived in the community for a lot of years and for about the last three
or four years we have been looking for someplace to move where we could kind of
move to our final home, if you will, before we retire and plan on living the rest of our
lives here in Meridian, and so we have been looking for quite awhile and have been
keeping our eyes on Golf View Subdivision and Golf View is a very impressive
subdivision. If you have driven through there or walked through there, there is some
very nice entryways with ponds and fountains and walking paths and we finally bought a
home in there about a year ago and we always knew that the property to the west of us
was going to develop, as well as all the neighbors did. What we always hoped was that
it would be developed in a fashion similar to what Golf View had been developed in.
You can imagine our delight when we heard that it was finally going to develop and you
can also imagine our delight when we found out that the development was going to be
one that would be soon developed by Hubble Homes and not to say anything bad about
Hubble Homes, but they typically develop more starter end or middle of the road homes
and so the homeowners as well looked at the plans that were presented to us, had a
number of concerns and when we look at our Camp Plan there are a couple of issues
that really stand out and one is compatibility and also buffering and protecting existing
properties and we feel like this development -- we know the property is going to
develop, we know the City of Meridian has ordinances to meet minimum standards, but
I got to tell you, we are less than thrilled at having this development come before -- or
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December 21, 2004
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next to our subdivision. So, the best that we are hoping for at this point is throw
ourselves at you guys' mercy and ask for some help in some buffering and some
compatibility issues. We learned about this very late in the process. They didn't feel
like there needed to be homeowners association meeting or meeting with the neighbors
until we went to Planning and Zoning and forced that to happen. When we did get to
that meeting, it's interesting, we have this Milliron Subdivision issues here that you guys
were given -- normally that would be something that's handed out after a meeting
occurs. That was handed to us at the start of the meeting. So, those were things that
they had already decided to do when we got to that meeting. The main issue is we
would like to see the homes on north and on the east side be a little bit larger in square
footage to be compatible with our subdivision.
De Weerd: Mr. Anderson?
Anderson: Yes, ma'am.
De Weerd: Your time is up.
Anderson: Thank you. Did you think that was going to stop me, though?
De Weerd: No. That's why I said, Mr. Anderson, your time is up.
Anderson: Okay. I would like to address a couple of issues that we really think would
help, though, in the compatibility and the buffering.
De Weerd: Council, would you like him to address those issues?
Bird: I have no problem with that. I would like to make one thing clear, I think I stated
that Hubble Homes was the developer and it is Corey Barton Homes, as I understand.
Anderson: Excuse me.
Bird: Let's get that straight. Yeah. I have no problem with it, if the rest of the people
don't.
De Weerd: Okay.
Anderson: Anyhow, we talked about the size of the homes. You guys have heard
already that most of the homes in our subdivision are around the 2,500 to 3,000 square
foot range. When we met with the developer we asked that the homes be a minimum of
1,800 square foot to match our subdivision, at least on the perimeter there. The other, I
guess, big issue to me is the fact that we talked about those amenities. Our subdivision
has the walking paths and those types of things. We know that there is absolutely no
way that you're to keep people from the next door subdivision off those walking paths
and we pay homeowners dues to maintain all those things. What we would like to see
is that this developer work with us and we have a walking path that surrounds this
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December 21, 2004
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subdivision on the north and the east, that they work with us to enhance that amenity
and that we share that with their subdivision and work for that compatibility issue that
we talked about in the Comp Plan so much for and also to create a buffering, if you will,
between these two subdivisions. And our thought and our concept is -- we already had
a paved path, most of the people have put shrubbery and landscaping up to that where
it goes up to their backyard there, is that we would like to see maybe less area in this
common space in the triangle area that you see there and that they put some
landscaping requirements and some space along the pathway adjacent to Golf View, so
that we create something that's nice that both of our subdivisions can share. One of the
concerns I have is if you go directly south across Black Cat Road there is a paved path
that was put along the drainage ditch and I don't know if you guys have had the
opportunity to walk down that, but it's nothing but weeds and thistles and trash and it
looks horrible. That's what's really proposed here. We say we are going to keep it
weed free. Well, it's going to be weed free, because we are going to go down there and
we are going to spray Roundup on it and that's going to be the weed free part. That's
going to be done by the homeowners association. We would love to have you guys
assist us and help us with trying to put some requirements in there and let's put some
landscaping along that pathway and let's improve it. We have already talked to the
irrigation district, they have no problem with that path being landscaped and done up
nice and those are my comments and, again, we just plead for some help and let's try to
bring some of the things that we talk about in our Camp Plan to fruition. Thank you.
De Weerd: Thank you. I have one last person signed. Robert Patchin against. Okay.
Okay. Is there anyone else who would like to provide testimony on this application?
Council, do you need any further information? Thank you. Okay. If there is no further
public testimony, the applicant can come up and provide his rebuttal.
Amar: Thank you, Madam Mayor, Council Members. Again, for the record, Kevin Amar
and my new address -- I'll have to remember it again. 36 East Pine here in Meridian.
We appreciate your time and we appreciate the neighbors' comments and we agree
with the neighbors completely, Golf View is a very nice subdivision. I have lived in
Meridian for many years, I saw it when it was started being developed and I have seen
it as early as today and it's still a nice subdivision and it will continue to be a nice
subdivision. As far as compatibility and the issues of the Comp Plan, I believe we are
compatible. I believe the Camp Plan does speak to it. I know we are asking for what is
allowed out here and we are not trying to change what is compatible when you look at
lot size and we could speak to that issue quite a bit, but our compatibility and the
number of lots we have on our north and east boundary and the number that they have
is -- the difference is one lot. We have one more lot on their -- on our boundary than
they do. So, compatibility is significant. I do have pictures -- I would like to address the
pathway and I have got some pictures that I'll use on the overhead. As we look at the
pathway, this first picture will be on the northern boundary. The top picture will be. If
you look at -- the pathway is here and you can see the fencing at this location. The
property line for these lots is actually on the other side of the pathway. This is a buried -
- and I presume it was buried by Settlers at some time in the past, but a buried irrigation
lateral there is a pipe there. We have also talked to Settlers and other irrigation districts
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and they will allow us to landscape, so long as it does not interfere with their access.
Down at this far corner is, actually, a box of head gates and different things that they do
drive up and down that road. What we would propose -- you can see a concrete ditch
here. We propose putting that -- and we proposed a four foot fence. If they want a six
foot fence, that's fine. I was just trying to keep in -- consistent with what they had on
their side. But we proposed a fence here -- or it's actually on the other side of the
concrete ditch and that distance would range from 27 to 33 feet of separation between
their fencing and our fence. So, there would be some distance there. But to actually
landscape this, it's driven on often, it's used often, it will be maintained. It's currently
done by the Settlers Irrigation District, they maintain the weeds, as I was told by some
of the neighbors and the property owner, Rick Milliron, who lives out here. If that falls
down for some reason, we made it a separate common lot, so it would be maintained,
rather than each individual homeowner needing to spray his weeds or whatever the
case may be. It will be maintained by the homeowners association. On the next picture
-- Anna, if you could help me, please. This is on the eastern boundary and this is the
existing stub road that comes into the property looking to the north. Again, these lots --
the property line actually comes out here and, as you can see, the Jot is here. So we
propose putting a fence at that location where our property meets their property and we
had proposed a four-foot fence. I'm not sure -- apparently the homeowners are allowed
to fence or not fence, as they desire. I'm not real familiar with their covenants. But,
again, we will put up a six foot fence, if that's -- I'll let the Council make that
determination. I just have seen in Meridian that four foot is the typical size adjacent to
pathways, but I'll go either way, if that's the desire of Council and the neighbors. And
we can look at the last picture -- it's just harder to see. This is actually looking from --
Cherry Lane is here, so you're looking from Cherry Lane back to that stub road, which is
here. Just to give you an idea of what that pathway does look like. We understand that
that pathway is private. We did put that in the CC&Rs for a reason. We also
understand that we -- we found that the open space and a place for kids and adults and
anyone to go play has been used more than pathways in subdivisions that we have put
in. The proposal did come up at the neighborhood meeting to do a joint pathway
homeowners association. We feel that, unfortunately, the neighbors will use that
pathway, ours, but I also know for a fact that the neighbors from Golf View will come
and use our park and I'm happy with that, I hope they do, the kids are going to play and
all that will happen together. So, I think there is equitable distribution in maintenance of
the different amenities within the subdivision. I'll talk about the neighborhood meeting in
a moment. Mr. Becker had indicated he was not notified of the neighborhood meeting.
I'm not sure where he lives, but we received our mailing list from the city and mailed out
to those people. So, I'm not sure if he received notice from the city or not, but we used
that same mailing list. At the neighborhood meeting -- at the neighborhood meeting I
met with Heather Lanehart prior to the neighborhood meeting after our October P&Z
meeting Mrs. Lanehart and also Mr. Woodruff. We spoke after the meeting and we
came up with some ideas of how to make this more compatible. The reason I handed
out that paper at that neighborhood meeting is that paper came from conversations with
both Mr. Woodruff and Mrs. Lanehart. I took that to the neighborhood meeting to give
them, so they could give to P&Z requesting that those be a part of the conditions and
they have done that. So, it was not done as a, here, this is what you're going to get, it
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was actually done with the meeting that happened at Mrs. Lanehart's house and
conversations with Mr. Woodruff after the Planning and Zoning -- the first Planning and
Zoning meeting. I know the two projects will be compatible. I know this has changed. I
know that normal -- what they have seen out there for as long as they have lived out
there is an onion field or a beet field or maybe corn or whatever has been grown out
there. Change is difficult for everybody, but we have been very successful with other
subdivisions in creating a compatible environment with the existing neighbors and we
are doing that with this project also. With that, I appreciate your time and I would hope
to answer any other questions if you have any.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have got a couple. We are talking about approximately 16 lots, Mr. Amar, along
the north and east boundary. You have said you would go to a minimum 1,600 square
feet where Golf View's minimum is 1,800. I don't -- I think that compatibility would be
much nicer if we went along with 1 ,600 with a minimum of 1 ,800 to at least match theirs.
It's only 200 more square feet and the cost isn't that much I don't believe that it would
make a difference. I think that your builders -- and I don't know if this is going to be a
one builder subdivision or if you're going to seJllots, I don't know how you're doing that.
I also think that we need to, if possible, look at making our backyard landscaping along
the east and north a little more compatible with what Golf View is. I don't think anybody
in Golf View ever thought that this was going to be developed, but in the same token, I
think they'd like to see it developed at least next to the existing one as close as possible
and I think that with those two little changes and some other stuff worked out, it can be
a very viable project. That's my view.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Mr. Amar, would you talk to me a little bit about the right of way that's used a
lot on the north and is that continued down the east side as well as the Settlers buried
there as well?
Amar: Anna, can you put up that first picture? No. There is, actually, a turnaround at
the eastern end of the project. The first photograph that I -- I guess we can use either
one. Is that -- no, the one on the -- this roadway continues to the northeast corner of
the project. At that location there is a turnaround, they come and -- come back out the
same way that they go in.
Rountree: So, at that point is the canal open through Golf View?
Amar: No. I believe it's tiled. I don't know where it comes from Golf View, but I haven't
seen any Golf View open.
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December 21, 2004
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Rountree: So what's the treatment from that point east?
Amar: I'm sure the neighbors in Golf View could answer that question better than I.
Rountree: Would it be fair to say that the access on that particular piece of canal works
is done because the property is currently in agricultural use and if that use goes away,
the need to access that property on a frequent basis is minimized to nonexistent?
Amar: No. It still provides headgates for users downstream, for other users
downstream, not just this property, so it will not go away, it will also provide the -- the
irrigation system will be owned by Settlers also and it will provide the location -- or the
access to the water for the pressure irrigation systems. So, Settlers will have to visit
that regularly and I live next to a Settlers irrigation system now and they are out there
two or three times a week, so they do visit it often.
Rountree: Could those headworks be moved to Black Cat?
Amar: I know we talked about -- Anna, can you put up the colored map, so we can look
at an overview? The headworks currently are here. We have talked to Settlers about
moving those, but there are still other boxes and things at this location that are -- do not
pertain to this property that need to remain for irrigation purposes.
De Weerd: Okay. Any further questions, Council?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Anna, could you put the picture -- not the first one, but one of those other two
that show the east side. I believe it's the east side. It is. Either one of those is fine.
Okay.
Canning: Just not tonight, by the way.
Donnell: Just so that I can get it straight in my mind, the walking path is next to -- let's
just say the walking path is next to the fence that you see there, that four-foot current
fence.
Amar: Correct. Yes, ma'am.
Donnell: And where are you suggesting that the fence for Milliron would go?
Amar: Anna, can you put up the other picture? Sorry. If she had a better
photographer. Okay. This is probably better for illustration purposes. The property line
is generally in this location and so that is where the fence would go on the property line.
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December 21,2004
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Donnell: Follow up, Madam Mayor. Then, where -- so that isn't where Settlers is driving
right now, that is for the -- whoever is farming the property, the road that we can see
right there? Okay.
Amar: That's for the existing house back in the --
Donnell: How will that house access itself -- that will be once the streets are in?
Amar: Correct. It will be -- I can show you, but I'd have to make Anna change the
pictures again.
Donnell: No. I can follow that. We are good. Okay.
Amar: You can see on this one the house, so this road will go right in front of it and
there will be a typical driveway.
Donnell: Okay. So, can we go back to the picture again? Now that I got the pointer.
So these houses are not fenced. They have made the decision not to fence them and
just to leave it open to the waJking path. The houses on -- further south have the fence,
so if you put a six-foot fence along this walking path, then, what you're creating there is
a tunnel.
Amar: Yes, ma'am.
Donnell: I don't like tunnels.
Amar: I will do either, but I will leave that in your hands. I like the four-foot fence. We
put four-foot fences along pathways, but I know what the neighbors have requested this
evening. If that's something you want to do, that's fine, if you want the four-foot fence or
the six-foot fence.
Donnell: And follow up, Madam Mayor. Okay. These homes are currently part of Golf
View?
Amar: Yes, ma'am.
Donnell: And there are 15 shrubs in the back of those homes?
Amar: I think the CC&Rs that Mrs. Lane -- I'm sorry?
De Weerd: Lanehart.
Amar: Oh, I'm sorry. There were 14 shrubs, I believe, and seven -- and I haven't -- I
apologize, I haven't seen that. I did get a copy of the CC&Rs from the company and it is
a little different than what they have. And these CC&Rs that I have actually don't
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require any rear yard landscaping, so I can give you a copy if you want to look at it, but -
Donnell: Thank you.
De Weerd: Okay. Any further questions for the applicant? Okay. Thank you, sir. Did
you need any clarification from the president of the homeowners association on any of
these items?
Rountree: I guess before Mr. Amar leaves, Madam Mayor, I'd just clarify on the east
side, essentially, you would fence the property on it and it appears that the pathway,
until it swerves away from the property on the south end, is bordered on both sides by
property that is owned by the Golf View residents.
Amar: The pathway -- I'm not sure how it's set up, but these lots, each house owns the
lots. The pathway apparently is just an easement within those lots, so it's not a
separate lot. And those lot lines actually extend out to the property line.
Rountree: Which is on the other--
Amar: It's on the west side.
Rountree: West side.
Amar: Exactly.
Rountree: Okay.
Amar: I have got other pictures, but if you look on this side, it appears that some of
those houses sit closer than allowed to the rear setback. That's not the case, because
the setback is actually on the other side of their -- or the property line is on the other
side of the fence in this other pathway.
De Weerd: On that north side your property line starts where that concrete ditch was; is
that correct?
Amar: No. Our property line starts just adjacent to their pathway on the south side of
their pathway.
De Weerd: So, you include the easement where --
Amar: Our property includes the easement within it.
De Weerd: Okay.
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December 21,2004
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Amar: Their property line is generally here and -- which, I guess, it's our common line.
So, all this easement is actually on our property.
De Weerd: Council, any further questions? Mr. Wardle.
Wardle: Madam Mayor, I don't have any further questions for the applicant.
De Weerd: Okay.
Wardle: I certainly would like to ask him to respond to my next question. I would like
further clarification of Councilman Rountree's question from the president of the
homeowners association as to the treatment of the canal easements to the east of this
property through their subdivision, so if we could have that.
De Weerd: If you will restate your name.
Woodruff: Harry Woodruff, 4386 West White Birch Court.
De Weerd: Thank you.
Woodruff: Now, I'm not quite sure or clear on which area you're talking about on the
canal easement.
Wardle: The applicant stated that we have a set of headwork's here and this path exists
to service the headwork's there. What extends through your subdivision along the
same line? Is there a canal easement?
Woodruff: Well -- the question that I have -- and I don't think it's been addressed
properly in these proceedings, that head gate at that corner has to get its water from
some place and I don't know if the developer is aware of where that water comes from.
I was told that head gate that is on Cherry Lane feeds that directly to the north in an
underground tile ditch. That's where that head gate in the northeast corner gets its
water. That ditch is going to be inside of his development, because it is west of our
pathway there. I don't know how he can build over that with a fence and put that
underground -- now that's what Settler's told me, that that's what -- where they told me
where the ditch was. I don't know. I haven't seen it on the plats even. But I'm not -- our
other big concern is if Settler's needs continued access down that easement area that
you see right there in that center picture, which is probably the best shot of it, that's on
the north side, we have no problem with sharing that access or helping develop that
access or even widening that walkway path to where they can drive to it on a paved
path. Now, at one time it was suggested that maybe the whole ditch be moved to the
perimeter of the subdivision west on Cherry Lane and, then, north on Black Cat, which
Settlers told me would tickle them to death, they got their ditches clear out of the interior
of the subdivision. It's our understanding that the only area that that head gate is
serving in this area in question is the open area there where you see the open ditch. It
feeds that ditch and, then, they siphon tube irrigate it out of that ditch. So, other than
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continuing on with the buried tiled ditch to the west, the concrete ditch can be removed,
that area could be landscaped or whatever, but I think there are probably some
irrigation easements here that either I'm being Jed astray or they haven't been
addressed properly. But, you know, we are amenable to developing either of those
areas. This one on the left-hand picture is the eastern border and that's where I was
told that the tiled ditch is probably buried. There is a head gate just south of where that
picture ends and that tile ditch runs right straight north up our pathway there just to the
west of it where he's telling you the property line is. So, that ditch would be totally inside
where he plans on fencing the backyards off. I didn't know you could do that. If you
can't fence it there, why couldn't you fence it on the center picture on the north side and
I'm confused about where that head gate gets its water, I guess.
De Weerd: Okay. Well, it looks like the applicant has a representative that can answer
those questions, so --
Woodruff: Anyway, we are more than willing to work with them on either border to make
an attractive area there with extending the pathway or whatever or landscaping or
whatever needs to be done. We probably don't have the means that they do at this
point, because our developer is gone and the subdivision is developed, so we have to
dig into our homeowners association budgeting money to do this, obviously, and that is
somewhat limited, homeowners dues, but anything that's within our power we are -- you
know, would certainly bring before the board and the homeowners association and do
everything we could.
De Weerd: So, if the developer was amenable to extending the width of that path in
partnership with your subdivision, you would be amenable to that?
Woodruff: You know, without holding a total homeowners association meeting at this
point, I can't speak for everyone, but I don't think we would have a tremendous problem
with getting that through. I think people would much rather see that than seeing just a
bare area with a fence on the other side of it and, like we said, Roundup once or twice a
year to keep the weeds knocked down, which is kind of what we have got now, but if we
just put fences on it, then, we are really creating that corridor with nothing but the weed
area there or the gravel area that you presently see there right now.
De Weerd: Okay. Thank you. Okay. Sir, were you sworn in?
Milliron: Yes, I was.
De Weerd: Okay. If you will state your--
Milliron: Rick Milliron and I live at 4450 West Cherry Lane. Where is the pointer?
You guys were questioning the ditch. The reason the path is there is for irrigation. The
tile ditch is right underneath there. That was not even proposed until the developer
didn't know what to do with it, so they made the pathway there, so they could cover the
tiled ditch and there is no easement on this side of the -- east of that -- west of that
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December 21, 2004
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property line right there, there is no easement for that ditch. The pathway was the
easement.
De Weerd: Thank you.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: If Mr. Milliron would explain what happens north and west on the irrigation
system.
Milliron: Okay. There is head gates -- irrigation head gates. There is head gates here,
here, and there is also several down in this area in here, which Golf View has put a
common area there, so that -- to accommodate those head gates right down here in this
area in here. If you will -- there is a picture in there of that north side that everybody
was flipping back and forth. Right here. The property line actually goes similar to what
Kevin said, Mr. Amar said in there, and Settler's required to get access back there to
that box, that they wanted drivable access back to that head gate there and so we've
had to allow that -- when they covered that there is an easement in there right along that
driveway, so they can have access to that. Does that answer your -- anybody have any
other questions?
De Weerd: Council, any other questions?
Rountree: Just you're more knowledgeable or probably the most knowledgeable.
What, in your estimation, is the need for Settler's to get to that head box?
Milliron: And I don't know what's required there to do that. There is a head gate there
and to my knowledge --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Milliron: There is also along this -- excuse me. I'm sorry.
Bird: Go ahead. Yeah.
Milliron: Along this road right here there is actually access boxes where they are
covered, so they can get them cleaned out. Several.
De Weerd: Mr. Bird.
Bird: Mr. Milliron, that one -- the head gate back there where it comes north off of -- it
comes down there, it's the canal that comes down Cherry Lane there and, then, heads
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December 21, 2004
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up, that head gate property is for your property that's being irrigated now and if you put
in a system, it would go away, wouldn't it?
Milliron: Possibly. I'm not sure what's there. Yeah.
Bird: Okay. Thank you.
Milliron: Again, we still have several boxes, though. Well, no, down at that other end
this is Black Cat and there is several of them that takes a certain length. Yeah.
De Weerd: Okay. Council, do you need any further information?
Bird: I don't.
De Weerd: Okay. Anything -- any conclusion remarks?
further comments?
Do you need to make any
Amar: Sorry. Looking behind me. No, I think this project has been addressed and
there has been, obviously, some numerous issues. The biggest thing that I would like
to remind everybody is there are minimums to everything, every subdivision has
minimums. It doesn't mean that's what it's going to be built at. We have got minimums
that are much smaller than this and the average home sizes are in the 2,000 plus
square foot range. This is a nice area, it's a nice subdivision, the neighbors have nice
homes. I anticipate this is going to be significantly greater than 1,400 square foot
homes built throughout. I haven't seen many subdivisions in Meridian in the R-4 zone
that people go in and build a 1 ,400 square foot home. That just isn't happening. Not
right now, not with the way the market is pushing and not the way with the consumers
demanding a nicer home. And I see that same thing happening here. We do
appreciate the neighbors' comments and I think we have -- it has helped the
subdivision. We have another access point onto Black Cat, we have some additional
requirements, so they have helped not only the subdivision, but also their situation and
we appreciate their comments and appreciate your decision this evening.
De Weerd: I did have a question. The president of the homeowners association said
that there would be an open -- they would be open to maybe widening those paths and
so there can be an opportunity to kind of clean up that area. Would you be agreeable to
that kind of partnership?
Amar: I do not want to go onto somebody else's property and make improvements on it.
I think it's going to be improved. I think it's going to look nice. But I don't want to be the
one that's required to go on and improve their pathway for their subdivision, because it
really wiff serve their subdivision.
De Weerd: You don't think your residents will use that path?
Meridian City Council
December 21,2004
Page 43 of 67
Amar: I think they will and I think their residents will use my park. I mean I think there is
an equal partnership out there and I think it will work out very well.
De Weerd: Mr. Bird.
Bird: Madam Mayor. Mr. Amar, I agree, most of it isn't going to be built to the
minimums, so I would like you to agree, which I know we can't force, but -- to 1,800
square foot lots on the north and the east, if at all possible.
Amar: Madam Mayor, Council-member Bird. And I agreed to what was in their CC&Rs
and I have a copy to that, which is 1,700 square foot single story or 1,900 square foot
two story. I will certainly agree to that. I can show that.
Bird: In their CC&Rs?
Amar: Yes, sir
Bird: Their homeowners has different CC&Rs or--
Amar: These are recorded with the title company. Minimum home size to be 1,700
square feet for a one story house and 1,900 square feet for a two story or tri-Ievel
house.
Bird: You're publicly stating that you will agree to Golf View's minimum house size
along the east and north side?
Amar: Yes sir.
Bird: Okay. Thank you. Thank you very much, Kevin.
Amar: Thank you.
De Weerd: Okay. Council, do you need any further information?
Donnell: No.
De Weerd: If not, I would entertain a motion to close the Public Hearing.
Donnell: So moved. Do I have to say it louder than --
De Weerd: No.
Rountree: Second.
De Weerd: Okay. All those in favor say aye. Okay. All ayes. Motion carries.
Meridian City Council
December 21, 2004
Page 44 of 67
MOTION CARRIED: ALL AYES.
De Weerd: Discussion?
Donnell: Madam Mayor, I'd like to approve -- I'd like to make a motion to approve Item
No. 14, PP 04-034 with a stipulation that -- that the developer has agreed to put 1,700
square feet one story homes and 1 ,900 square feet two story homes on those lots that
are adjacent on the north and the east side adjacent to Golf View or back up to that
subdivision and that's my motion.
Canning: Madam Mayor, would the maker of the motion like --
De Weerd: I'm sorry, you have to wait until it has a second.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would make a second, but I'd like to ask the motion maker if she is including all
public testimony and staff testimony.
Donnell: Madam Mayor, I am -- I would include all testimony. I am not including the
requirement of a six foot fence or -- or the compatible landscaping requirements. I'm
not including that in my motion.
Bird: Okay. I'll second it for discussion.
De Weerd: Anna.
Canning: Madam Mayor, I was just going to question the six-foot fence issue, so that's
been addressed. Thank you.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: There was also discussion by Mrs. Canning about the additional conditions that
were placed by the Planning and Zoning Commission that I think are on that document
that was handed to you and add that as an Attachment F I think is what Mrs. Canning
had suggested. Does that include all of those conditions that were to be added to the
CC&Rs?
Canning: Madam Mayor, for clarification, just to identify that as Attachment F. Those
don't become conditions of approval, those are just items in the CC&Rs.
Meridian City Council
December 21, 2004
Page 45 of 67
Donnell: We are talking -- Madam Mayor. Mr. Nary, we are talking about those
conditions that the developer agreed to?
Rountree: Yes, Councilwoman Donnell. I just wanted to make sure that was all part of
it.
De Weerd: Just for discussion on the fence, you can allow it to be six foot with a see-
through top, a lattice top. So, we do make those kinds of considerations in our open
space along our pathways. So, just a point of information.
Donnell: Thank you very much.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: The maker of the motion talked about -- your motion did not include the
compatible landscape and I assume you're speaking to the comparison chart and not
the comments that were made about the entry in Cherry Lane and Black Cat.
Donnell: I am.
Rountree: Okay. Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I believe we need resolve on the fence if we are going to move forward with
this. I believe the developer should be putting a uniform fence around here and not
have a Hines mix all the way around the development. So, I believe they need
guidance on four foot or six foot or some way to reach what that's going to be. So, we
need to resolve that here and figure out some language to assist both the applicant and
homeowners adjacent to know what is going to go on there.
De Weerd: The motion was a four-foot fence aJong the pathway and you're asking --
Rountree: That's the clarification I need, if that's part of the motion, then.
Donnell: Actually, Madam Mayor, when I made the motion I did not include the height of
the fence in the motion, specifically because I assume that the motion -- that the
requirement is the four foot fence and that's what I would prefer. Since we are still in
discussion, I have seen a lot of subdivisions that have big six-foot fences that separate
homeowners from other homeowners that, in fact, do create a tunnel and those end up
being places where kids can hide and where the tumbleweeds build up. I mean I have
just -- I have seen too many of those and I guess that's my explanation of why I think
the fence ought to be compatible on both sides, if, in fact, the people choose to fence it
into Golf View Subdivision, since, obviously, some of them have not.
Meridian City Council
December 21, 2004
Page 46 of 67
De Weerd: Okay. Any further discussion? No further discussion, the motion is to
approve Item 14 with the -- you had additions to it. To keep the fencing as required in
the staff conditions --
Donnell: And the square footage.
De Weerd: Square footage.
Donnell: Minimum square footage of the homes adjacent to Golf View Subdivision on
the north and east side.
De Weerd: And accepting Exhibit F?
Donnell: Yes.
De Weerd: Okay. So, that's the motion. If there is no further discussion, I will ask Ms
Green to call roll.
Roll-Call: Bird, yea; Rountree, nay; Wardle, nay; Donnell, yea.
Green: Two ayes, two nays.
De Weerd: And I will vote nay.
Green: Two ayes, three nays.
MOTION DENIED: TWO AYES. THREE NAYS.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just a comment. The thing that concerns me is that I think there has been
reasonable compromise, but I see this line of demarcation between two subdivisions
that's going to create the Hatfields and McCoys and I really and truly don't have a good
solution. We have heard the homeowners and their concern, we have heard the
homeowners president offer the willingness to work out some way to keep that pathway
and/or that boundary between the two subdivisions clean and presentable and really
and truly that's all I'm after and I think both parties are after that, that somehow we need
to get that down on paper. I would be willing to listen to staff if they had a comment or a
condition that, in fact, might be in the conditions of approval -- of a recommendation or
one that we might have dealt with previously or city attorney on how we might craft
some language to deal with that particular problem. Beyond that, I don't have any
particular difficulty.
Meridian City Council
December 21, 2004
Page 47 of 67
De Weerd: Mr. Wardle.
Wardle: Madam Mayor, just to follow up on Councilman Rountree's comments and a
comment from the applicant about off-site improvements. I believe in my opinion the
easement falls within their portion of the property and I understand not wanting to make
off-site improvements and certainly there are requirements that cannot be made with off
site, but we have the homeowners group willing to work with the applicant and for me,
my nay vote was for a couple things, but that was one of the reasons, because we do
have an unresolved issue. I have heard a couple of good ideas, I am not an engineer
and I do not study irrigation easements and what you can and can't do and so the issue
is unresolved in my mind at this point
De Weerd: I guess before I ask staff if they have any additional thoughts, it seems that
the issue hinges on this pathway and how we can best buffer or transition. If you go
through Golf View, the pathways are very wooded and treed on both sides and with the
backyard landscaping; compatibility can help with the four-foot fence, Mrs. Donnell, with
better landscaping to help transition. I understand the concerns of those that are on the
east side that they will be looking at a four foot fence and, then, the back of a house that
mayor may not have more than one tree and you have a tree lined path on both sides.
On the north side they are younger trees, they are newer homes, so they haven't quite
matured either. So, it's the fencing, the Jandscaping, a combination. I think the pathway
is -- can be an amenity and we certainly have seen other off-site improvements or
partnerships that can utilize that amenity and so I would like to see more working
together. It's encouraging that Golf View had extended that offer as will.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Procedural question for the city attorney. Mr. Nary, we have closed the Public
Hearing. We have an item before us. Procedurally, could we table this motion to
another meeting and, then, reopen the Public Hearing for specific comments from both
the applicant and the neighbor addressing the issues that we have talked about?
Nary: Madam Mayor, Members of the Council, Council-member Wardle, a couple of
things. Certainly the Council can move to reopen the Public Hearing and if you're
wanting more information or you're wanting an opportunity to gather more information
and come back to you, that is probably the best way to do that, is to move to reopen the
Public Hearing and continue this matter. One comment you made that I was unsure of.
I think the discussion or the testimony that I heard was the easement itself is on the Golf
View property, that there isn't an easement on this Milliron property. The pathway that
they are talking about on the Milliron side of this property is all on their property and
they are going to make it into a common lot, but it's all Milliron's property, it's not -- and I
think Mr. Amar's testimony regarding off-site improvements was a concern of trying to
meld these two paths together. It doesn't mean that it can't be done, but the easement
itself was all on the Golf View Estates side. It was for the Settler's Irrigation District and
Meridian City Council
December 21,2004
Page 48 of 67
that's why there is an open pathway there. But the pathway for Milliron is all on their
own property; it's not an easement. So, they were going to create a lot for it.
De Weerd: But the pathway on the east side, the pathway covers the ditch or the piped
ditch.
Nary: That's what I understood.
De Weerd: And the property line would abut that and, then, the area to the north, the
right of way to -- for that easement for Settler's abuts their pathway property line.
Nary: Right. From what I saw of the picture, Madam Mayor, what they are stating is
the access for Settler's is all on the Milliron property; it isn't currently on the Golf View
property. It basically ends right at the edge of that dirt road and the path that's already
existing. But I think that was the discussion and concern Mr. Amar had was just in
trying to improve this to meld these two together would at least put them at a situation
of, essentially, creating some off-site improvement for their homeowners association,
but, certainly, if the Council wants to direct that they explore that opportunity, you
certainly have the authority to do that.
De Weerd: Okay. Does that answer your question, Mr. Wardle?
or no.
That's easy. Yes
Wardle: Kind of. Thank you very much, Mr. Nary.
De Weerd: Okay. Council, what wouJd you like to do?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We need a motion of denial and why it's been denied is the majority.
De Weerd: If that is the desire of Councilor the other option is you can open the Public
Hearing and open it up for specific reasons.
Bird: How much more can we beat it to death?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Just to clarify, at this juncture all you have done is vote down a motion to
approve. It doesn't mean that a different motion to approve couldn't be formulated. If
you do want to deny, as Mr. Bird has stated, state law does require that you provide the
applicant with reasons as to what they could do to be approved.
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December 21, 2004
Page 49 of 67
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I would move to reopen the hearing for the purposes of hearing from staff
any additional guidance they might have.
De Weerd: Okay. Do I have a second? Okay. Well, that one dies. Let's try another.
Mr. Wardle.
Wardle: Let's see if we can get a second here. Madam Mayor?
De Weerd: Yes.
Wardle: I move that we deny Item No. 14, PP 04-034, Milliron Subdivision, citing all
staff, applicant, and public comments and citing specifically the subjectivity of the
interpretation of the City Council as to the Comprehensive Plan's need for compatibility
of -- in this specific instance.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: You can't do that. The Comprehensive Plan is not an ordinance, it is guidance
for this Council in making their decisions and there is an ordinance reference to it, but
you can't base a denial on the Comprehensive Plan, you have to base it on the
ordinance. There is a reference in design review 11-10-3 of the City Code that makes a
reference that all residential housing developments shall be subject to design review
and which includes the goals and objectives of the Meridian Comprehensive Plan, but it
doesn't give anymore specifics than that, so if you want to base a denial with a reason
of the Comprehensive Plan, you're going to have to have an ordinance more specific on
point, because the state law says that you have to give reasons of what the developer
could do to be approved. So, the lack of compliance isn't a valid reason. What they can
do to be approved you have to be more specific.
Donnell: So that died. So, Madam Mayor, let me make an attempt here.
De Weerd: Mrs. Donnell.
Donnell: One more time here and, then, I'm through. I would like to make a motion to
approve Item No. 14, preliminary plat approval for Milliron -- is it Milliron -- it's not
Milfrun. Millron. It's Milliron; right? Milliron Subdivision with the requirement of the
17,000 square feet -- 17,000 -- 1,700 square feet one story, the 1,900 square feet two
story on that property adjacent to Golf View. Also to -- with all testimony and staff
recommendations and entering into, as an exhibit, the require -- the agreement by the
Meridian City Council
December 21,2004
Page 50 of 67
developer that was shared with the homeowners and, then, I would ask that the
developer -- and maybe I can't do this, too. Mr. Nary's probably going to tell I couldn't
do this -- that he increase his requirements for landscaping in the backyards of those
homes that are adjacent to Golf view. Can I do that?
Nary: Yes, you can do that.
Donnell: That's it.
De Weerd: Do you want to state increased to what?
Donnell: I do not want to state to what, but, obviously, if tree lined will help the looks of
that path along there, then, I think with -- if the developer and the homeowners
association representative could get together and determine what that might be, that's --
we might have a resolution.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, Council-member Donnell, the City Code
11-10-2 does use the term compatibility with adjacent, existing, and a proposed
development, so existing developments -- if you want the staff directive to be that the
order indicates that it would be consistent with the existing landscaping, not the
proposed -- not the one that was presented to you tonight, that was tabled of what is
exactly there, and that would be consistent if there is an issue or concern between four
trees or three trees, I guess they can bring that back to you, but it can be consistent and
you have the authority to direct that, so they can see what's already there and not just
propose of what was in some other document that may not actually be on the ground.
So, you could do that.
Donnell: That's what I'll do.
Bird: I'll second that for discussion.
De Weerd: Okay. I have a second. Discussion? Did you have a question, Mr.
Rountree?
Rountree: Do I have a question? I don't have a question now.
Canning: May I ask a cfarification question? And it regards not the maker of the
motion; it regards a statement by the attorney. Did you mean the existing -- meaning
the existing CC&Rs or the existing as to what is planted physically in the ground?
Nary: Madam Mayor, Members of the Council, what is planted on the ground. There
seemed to be a discrepancy in what was presented tonight as to what -- one
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December 21, 2004
Page 51 of 67
presentation was a document doing a comparison of what -- of what type of plantings
have been put there. Mr. Amar said in the current -- the CC&Rs he had there were no
requirements for rear yard Jandscaping. So, it talks about compatibility in the code and
so I believe that Council has the ability to say compatibility as to what -- adjacent to
what the other property looks like. So, rather than trying to base it on a document that
mayor may not be what in reality is there, they can base it on what is actually there.
Canning: Okay. And, then, further clarification from the maker of the motion. Did you
mean to be consistent with trees and shrubs or just trees?
Donnell: I just meant trees.
Canning: Okay.
De Weerd: She said landscaping.
Donnell: Tree lined.
De Weerd: Okay. And the second agrees?
Bird: Yes.
De Weerd: Is there any further discussion?
Rountree: Madam Mayor, I'm still -- I'm not there yet, but that doesn't help me
understand either for the applicant or the homeowners. I mean --
De Weerd: Well, I can see how this is going and I will break another tie, but we can
always try. I guess it gets back to Councilman Rountree's motion to reopen and allow
the applicant to comment and tell us what he's thinking on the discussion that Council
has had and that might be the point where we are at, but since we have an active
motion on the floor, do you have any further comment or--
Rountree: I will call the question and get a vote.
De Weerd: Okay. Mrs. Green.
Roll-Call: Bird, yea; Rountree, nay; Wardle, nay; Donnell, yea.
De Weerd: Okay. Nay.
Green: Three nays, two ayes.
MOTION DENIED: TWO AYES. THREE NAYS.
De Weerd: Okay.
Meridian City Council
December 21, 2004
Page 52 of 67
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Just a suggestion, Madam Mayor, Members of the Council. It might be an
opportunity to take a five minute break and give Mr. Amar an opportunity to talk to staff
about what his concerns are and maybe to the -- the homeowners president is here as
well and, then, after that maybe Mrs. Canning could advise you on whether or not
reopening the open Public Hearing and continuing this matter for more information
might be more beneficial.
Rountree: That's the most rational thing I have heard in 15 minutes.
De Weerd: Okay. I will recall a recess for ten minutes and we will reconvene at -- I
think 9:40.
(Recess. )
De Weerd: Okay. What we are going to do is open up this meeting and ask the
discussion to continue in the hall, so we can get on with some additional agenda items.
And we will come back to these items. Okay. Mr. Nary, we can do that; right?
Nary: Yes.
De Weerd: Okay.
Rountree: Madam Mayor, I move such, so we can --
De Weerd: Okay. All those in favor of moving this behind Items 15, 16 and 17, all
those in favor say aye. Okay. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 15:
Public Hearing: AZ 04-028 Request for Annexation and Zoning of 43.83
acres from RUT to R-4 & L-O zones for Strada Bellissima Subdivision
by Pinnacle Engineers, Inc. - NWC of Victory Road and State Highway
69:
Item 16:
Public Hearing: PP 04-038 Request for Preliminary Plat approval for 90
single-family residential bu ild ing lots, 14 commercial office lots and 12
common lots of 42.46 acres in a proposed R-4 & L-O zones for Strada
Bellissima Subdivision by Pinnacle Engineers, Inc. - NWC of Victory
Road and State Highway 69:
Meridian City Council
December 21,2004
Page 53 of 67
Item 17:
Public Hearing: CUP 04-047 Request for a Conditional Use Permit for a
Planned Development consisting of a single family residential and office
uses with a request for reduction to the minimum requirements for street
frontage from 80-feet to 79-feet for the residential portion for Strada
Bellissima Subdivision by Pinnacle Engineers, Jnc. - NWC of Victory
Road and State Highway 69:
De Weerd: I will go ahead and open the Public Hearing on AZ 04-028, PP 04-038 and
CUP 04-047 and I will open this with staff comments.
Canning: Madam Mayor, Members of the Council this is the request for Strada
Bellissima Subdivision and it is a request for annexation and zoning for 39 +/- acres
from RUT to R-4 and L-O. There are a few existing homes on the property. As you can
see here, there is -- there is one in the northwest corner of the property that will remain.
This is Bear Creek Subdivision. There is one in this center property, which I believe
does not remain. And, then, there is a little building down here, it's not part of the
subdivision application and it looks like there is more houses here that will not remain. I
believe the only one that stays is the one in the northwest corner.
De Weerd: So, Anna, before you move on, that little house that is not part of the
application will be an enclave, it's not part of the application?
Canning: Correct. It's under separate ownership, so it did not come in as part of this
request.
De Weerd: Okay.
Canning: My understanding, Mayor, is that that's been a separate parcel for some time.
Sometimes we ask -- if it looks to have been a recent illegal subdivision, we have a little
more weight, but this looks to have occurred quite some time ago. This is the
Comprehensive Plan. As you can see, it's shown as low density residential on the
Comp Plan. The applicant has asked for L-O zoning along the Meridian Road frontage
or State Highway 69 frontage, but he's done that through the planned unit ordinance.
Okay. This application was submitted twice. Just to explain what the -- the primary
change in the second application was that this enclave property did come in and
develop. Staff had a lot of concerns about that chunk being missing and they did go out
and acquire that and have included it as part of this subdivision. The small enclave that
I was discussing with the Mayor previously is in this area right here. The subdivision
consists of 90 residential building lots, 14 office commercial building lots and 12
common lots. The gross density is 2.7 dwelling units per acre and the net density is
about 3.5 dwelling units per acre. The minimum lot size for the subdivision is 8,916
square feet and the required minimum is 8,000 square feet for the R-4 zone. The
average residential lot size in the subdivision is around 11,000 square feet. As I
mentioned before, the applicant is requesting a use exception for the proposed office
commercial lots located over here and, then, wrapping around to here. And that area
does comprise 17 percent of the property. They are allowed up to 20 percent with
Meridian City Council
December 21, 2004
Page 54 of 67
Council approval. For the planned development, the only request for reduction in
requirements was on the frontage. The original application was for a 75 foot -- or, I'm
sorry, 79-foot minimum frontage, instead of the 80. The P&Z -- at the P&Z they asked
for a 76-foot minimum, so that's where it stands now. Proposed as planned
development amenities include a micro-path and future bus stop along Victory Road
and an open space plaza and a tot lot and detached sidewalks with street trees. And I
believe that's internal to the development. At the Planning and Zoning Commission --
Planning and Zoning Commission heard this item on November 18th. They have
recommended approval with conditions. Dave McKinnon spoke in favor of the
application. There was no one to speak in opposition. The key issues of discussion by
the Commission included the fire department water supply, potential cut-through traffic
to Bear Creek through Strada Bellissima. You see there is one connecting stub street
into Bear Creek. Future traffic light at Victory and State Highway 69. And cross-access
to the out parcel in the southeast corner. And the outstanding conditions coming into
the City Council were that one -- for the parking area design, one of the conditions was
for the applicant to meet with staff to define the parking area design regarding planters
and drive aisles and trash enclosures and various things and they have done that. The
applicant got it to staff quite some time ago, we just got the final drawings the other day,
but we did get a draft well in advance to review it and they have made those changes.
And regarding this enclave, it is so small that staff was concerned once you do the
setbacks, that there would be no ability to develop that as a stand-alone property. So, if
you -- we redesigned -- have the applicant redesign the parking aisles so that that could
be extended into this property and access taken from their -- it takes away the need for
this property to actually have an access on Victory Road that close to the intersection.
They will be able to access the parking drive aisle for this property and get through that
way, assuming that that goes to a nonresidential use. Central District Health did not
provide comments on this application, so we have attached their general standard
conditions of approval for a residential subdivision. The revised plans, they did, as
mentioned, submit revised plans well in advance. We just got the landscape plans the
other day, just need to go on the record, we can catch this during final plat, but their
landscape plans were on the old base, so we have got trees showing up in the middle of
the street and we understand that that just needs to be changed before the final plat.
Easements. Site specific condition number five on the preliminary plat requires
easements for the street buffers and the buffers between land uses. The applicant has
agreed to plat the easements for the street buffer, but would prefer not to plat an
easement for the buffers between land uses. That would be in this area primarily. Staff
is okay as long as the buffer is built. So, if the Council concurs with the applicant's
request, the last sentence of condition number five should be modified to read: Also
construct a 20 foot landscape buffer between land uses around the out parcel and
behind the lots along Alfone Street and that's, I believe, Alfone Street. Getting a nod
from the applicant. That's good. Regarding ITD, staff just received a copy of ITD's
updated conditions of approval. The Council should reference that letter as additional
conditions of approval for the project and that letter is attached as Exhibit G. And one
last issue. There is a fire department issue regarding the cul-de-sacs. If I can find one.
Here is one. Regarding the cul-de-sacs with the parking and they had wanted to
increase the distance -- from the Planning and Zoning Commission the requirement was
Meridian City Council
December 21,2004
Page 55 of 67
to increase the distance around that parking aisle. The applicant met with -- met with
Joe Silva and he increased that distance, but he took out the parking within the aisles
and, then, he resubmitted that to -- we got kind of a last minute comment from Chief
Silva saying that they would need, instead of 33 feet, they would, actually, need 47 feet
on either side of the island, which, obviously, is going to have a huge impact on this
property and this occurred at 4:00 o'clock today. So, what staff is recommending is that
we can address that issue in the future on another application, but that this applicant
has already gone through the process, they had already been reviewed once and told
what to do, so we felt uncomfortable just abandoning that standard that we had kind of
gone by in the past. We have seen these in the past, there are a number of
subdivisions. Bear Creek has them. We feel they are a nice amenity. The fire marshal
did give the applicant the option of doing a standard cul-de-sac and, again, I think staff
would prefer that the applicant be allowed to construct them as he's proposed and, then,
we can deal with this issue at a latter date. The one thing that I might have the
applicant comment on is given this recent discussion I'm not sure if they are planning
parking in those landscaping islands or not. There is no landscaping shown in them, so
-- where the parking was, so we were unclear as to what their intent was there. And I
believe that's it for staffs presentation.
De Weerd: Thank you, Anna. Any questions for staff at this time? Okay. Would the
applicant like to come forward? And I assume that you were sworn in? Okay. If you
would, please, state your name and address.
McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735
South Crosstimber representing Strada Bellissima tonight. We have read the staff
report and the report from the Planning and Zoning Commission. We are in agreement
with it. We have received approval from ITO for our access. The enclave issue that she
touched on there and that Anna addressed, we have tried to purchase that piece of
property, the little half acre, almost. I guess a little more than a third acre. We tried to
purchase it. It's got a singlewide mobile home on it. Jim Fehriman owns it right now.
He tried to sell it to Tim Mussell and the sale didn't take place, so Jim Fehriman still
owns that and he said he didn't want to participate with us and we are kind of stuck with
that. However, at the P&Z Commission they asked us to put this access in, so that in
the future he won't be able to access -- or need to access off Victory and so we have
agreed to go ahead and revise this layout to have the access into the mobile home site
right there. ACHO went ahead and they took that a step further and they said if he's not
willing to participate right now, if we would build the ten foot asphalt pathway to this
point, ACHD would actually go ahead and condemn this right of way and continue the
pathway across. There wouldn't be a break in that pathway. And ACHD said they
would be willing to work with us on that. So, we tried and we tried, but we can't get it,
they are not willing to sell it to us and so -- he thinks it will be worth something -- a lot
more in the future and so we have done what we can to accommodate it and, hopefully,
that works. It's not really often that you have where the client agrees with the staff and
the Commission and we agree with all the regulatory agencies, we have met with ACH D
numerous times and they are in agreement with the street layout. ITD is in agreement
with it. Anna, if you can go to the overall site plan. One of the things that's interesting
Meridian City Council
December 21,2004
Page 56 of 67
about this site has been -- that's great. One of the things that we have had that has
been really nice on this project is -- as you are well aware, that the Nazarene Church
owns this piece of property to the north of this site and they have been in discussions
for a number of years to build their church on this site. As you know, Idaho
Transportation Department wants to limit the number of accesses onto the state
highways and one of the requirements for a type four roadway like this is to have the
intersections at the half mile and so we got together with the church and we went down
with the members of the church and their building committee and met with ITD and ITD
sat down and said as long as we can do a joint access here, they would be happy to
work with us and they have followed through with that and they have given us approval
for that. I talked with the church again today, Keith Ricketts said he had some other
issues to attend to tonight, but he wanted to pass along that the church has been
working with us and they are going to continue to work with us in the future on the decel
lane that's on the church's property coming into this to be built by us and so they are
happy with this. I talked with Bear Creek. You may have seen on a previous map this
street name here was Fireweed and nobody was really happy with the name Fireweed
and so we got together with the developer of Bear Creek and he's agreed to rename
Firewood to Orso, which is Italian for Bear. So, we have Bear Creek and the Italian
theme for Strada Bellissima, we are working together on the street that goes through.
There was no working -- or nobody testified against this project, so I can end my
testimony really quick by saying that -- that was only five minutes. I did it in five. Just
one thing. Keep in mind this property has been purchased already by the developer,
but the resident of Meridian that lives right here is going through cancer treatment right
now, he wasn't able to be here tonight, and he's -- I just bring that up, just because he's
in our thoughts and minds this holiday season, hopefully that's something you guys can
think on as well. So, if you have any questions at this time, I think we have got a project
that works for everybody and makes pretty much everybody happy and ask if you have
any questions.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I believe Anna asked a question about parking in the cul-de-sac islands.
McKinnon: Oh. Okay. Yeah. I'm sorry about that, Mr. Rountree, Madam Mayor. After
meeting with Joe Silva initially, he said that he was uncomfortable with the parking in
these locations. He said that they have approved them in the past and he's felt
uncomfortable with the parking. So, what we have done is taken out the parking,
widened the landscaping, so it's actually a wider landscape island now. It's not as wide
as initially shown here. We have actually shortened it by several feet, but we have
made it all landscaping. The concern was is we were given 33 feet -- at this point 33
feet of road width right here, but only 29 feet on this side and this side and so in order to
make that 33 feet, we said let's get rid of the parking, rather than making it wider and
adding more asphalt, we said let's get rid of the parking in the middle and let's add more
landscaping and make it more attractive, rather than just going with more asphalt. So,
Meridian City Council
December 21, 2004
Page 57 of 67
on the revised landscape plan that's taken out and on the plat that you have in front of
you it's just a wider landscape island with no parking.
De Weerd: Can you tell me what your open space is?
McKinnon: The open space is around eight percent. There is a common lot right here
and this is the landscaping. It's not a drainage lot. All the drainage is going to be
subsurface in the subdivision. Groundwater is over 14 feet deep in this location. In the
subdivision this small open space lot here -- Anna, if you can jump back one now.
Canning: Sorry about that.
McKinnon: Plus the landscaping in the islands. There is the pathway that runs through
here and there is some common lots that people can actually get from the subdivision
into the office service area. There is a plaza here and a plaza here. It's open space,
common. It's open space down in this area here. This is where the pathway aligns to
Bear Creek. Bear Creek didn't have the regional pathway constructed in this area, as
you know, on the Camp Plan down here. The regional pathway that's along Victory, we
are building a ten foot asphalt path and we have had to bring it off the right of way and
we have actually brought it further north than where it's at throughout the rest of this
project. And this open space also would align with the sidewalk in Bear Creek. Bear
Creek continues on with their sidewalk to the bridge. There is no crossing of the bridge
and so on the north side of the canal they have brought their pathway that comes up
and connects with Stafford Street.
De Weerd: So, how big is that middle lot?
McKinnon: This one right here?
De Weerd: No.
McKinnon: This one right here?
De Weerd: The one you said is your green space. Usable.
McKinnon: This one right here?
De Weerd: Uh-huh.
McKinnon: This one I believe -- Anna, if you can flip to that. I think it's about 11,000
square feet. Yeah. It's close to 11,000 square feet, if my memory serves me correct.
De Weerd: That will serve 90 homes?
McKinnon: All these lots are in -- like Anna said, the average -- the smallest lot is 8,900
square feet and so we will have adequate backyards and it's a large area. We also
Meridian City Council
December 21, 2004
Page 58 of 67
have detached sidewalks and there is the pathway in addition to that. So, it's an awful
lot of green space in the subdivision right now. It's not part of yards. This is the central
location for that green space, plus the one that's further down in this area. You have got
the little small one right there and that's just going back up to Bear Creek Subdivision
and, then, further down to the south was the open space.
De Weerd: But this is a planned development, a planned --
McKinnon: With a planned development. The requirements of the planned
development is that you have ten percent open space if you're planning on using that as
one of your amenities. It's not a requirement. You have the option of having a number
of amenities, one of those amenities can be ten percent open space or you can have
the other amenities, which would be the tot lots, the pathways, we have the regional
pathway and the tot lot and the bus area and the plazas within the office park. Those
would be amenities that we requested for approval. The standard subdivision requires
five percent open space and we are pushing -- it's closer to eight percent than it is
seven percent, something like 7.65.
De Weerd: And you went to a PD for a reason.
McKinnon: We did. And the reason for the PD is two fold. One is for the office uses
and, two, is to get a 76-foot street frontage, instead of an 80 foot street frontage. The
way this laid out, there is a couple of lots on the -- Anna, if you can go back to the
overall site plan. There we go. A couple of these lots -- actually, I think it's the one right
here, 68 feet of frontage and -- or 76 feet of frontage, instead of 80 feet of frontage.
That was the one request and the other request was to allow the office uses adjacent to
State Highway 69. And there was a couple of reasons. One is meeting with ITD they
said how are you going to buffer your residential and said we prefer to see some mixed
commercial out there, instead of just backing up more fence to the subdivision -- more
fence to State Highway 69. In meeting with the Planning and Zoning Commission,
Commissioner Zaremba, who attended the meeting, in concurrence with the members
of the Commission, said, you know, we think that maybe there should be more office
here. We felt we had plenty.
De Weerd: They asked you to put in --
McKinnon: ITD said, you know, there needs to be a buffer. Their policy is to have a
buffer for this and they said that this would be a fine buffer for the noise from that.
De Weerd: Okay. But for this exception of the office you have that tot lot as your
amenity.
McKinnon: That's one of the amenities. The regional pathway is a ten-foot wide
regional pathway, that's a requirement from the Comprehensive Plan. That's one of the
listed amenities that you can have. It's not a five-foot sidewalk, but -- a concrete
sidewalk, it's a ten-foot multi-use pathway that runs along the full front of this project.
Meridian City Council
December 21, 2004
Page 59 of 67
As you know, I think I have spoken out before about how Victory Road, there is three
crossings of Victory Road in less than a quarter mile of that regional pathway. If you
look on the Comprehensive Plan it comes across here, then, runs back across once
again and back before it crosses State Highway 69 at an angle and so you have to
provide that regional pathway in someplace that you're not crossing a major arterial or a
section line street three times, so we placed the entire pathway on our property on the
south side of the subdivision. That's a ten-foot regional pathway located outside of the
right of way within the property of Strada Bellissima.
De Weerd: Okay. Council, any questions?
Canning: Madam Mayor, may I ask a quick question of the applicant? This is the
revised landscape plan and did you not plan on -- I mean when we go to give the final
plat I want to know what we are getting for landscaping. Did you not plan on distributing
that a bit?
McKinnon: We were going to do that a little bit.
Canning: Okay.
McKinnon: I can promise you that, A, it will be distributed throughout and it won't be so
tight and make it work. If you look at the plat -- you guys will have a big copy of it,
Madam Mayor, we were looking at it earlier. If you're taking out the parking, there is just
a landscape island in there now and we will make that appropriate for the size and use
that we have there.
De Weerd: Okay. Any other questions, Council? Okay. Thank you. Is there anyone
who would like to provide testimony on this application? Okay. Are you done?
Council?
Bird: Well, hearing none, Mayor, I would move that we close the Public Hearing on 15,
16and17.
Rountree: Second.
De Weerd: Okay. The motion is to close the Public Hearing. All those in favor say aye.
All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Discussion? Yes, Mr. Bird.
Bird: I move that we approve AZ 04-028, with a recommendation of the testimony from
staff and applicant.
Meridian City Council
December 21, 2004
Page 60 of 67
Rountree: Second.
De Weerd: Okay. The motion is to approve Item 15. Is there any discussion? We
have a different clerk again. I guess I'll just -- just for what it's worth, my comments.
The intersection of Overland and Highway 69 is over capacity. We are adding value to
this piece of property by adding the office in the front for a PD. I think that the open
space -- the pathway is nice, but that little tot lot doesn't really provide too much in terms
of green space for the residents that will be living there. With the value added, I guess I
would expect a little bit more in terms of amenities to the neighbors. And, yes, the office
buffers it and it does provide some options of connectivity to the parcel to the north, but
I guess I always have to do my open space pitch.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't disagree with you, but I think that in the annexation and zoning it -- that isn't
where we would cover it. We'd probably get in the preliminary plat to make the
stipulation.
De Weerd: Okay. Well, I just -- those were my comments for what they were worth.
Okay. If there is no discussion, I will ask Mr. Berg to call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 16.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve PP 04-038, the preliminary plat, with the condition
that the applicant and staff work to get more green space. I, too, agree with your
comments, I believe that for a -- for a development this size that eight percent, one little
tot lot, isn't exactly enough green space. So, with that I would move that we approve it
with that condition.
Rountree: Second.
Canning: Madam Mayor?
De Weerd: Yes, Anna.
Meridian City Council
December 21, 2004
Page 61 of 67
Canning: If that is -- if that condition is related to the planned development, then, it,
actually, probably needs to go on that one -- yeah. I believe if we do it on both we are
probably okay.
Bird: Okay. We will do it on both, then, so we cover it.
De Weerd: Okay. Okay. Council, any further discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Item 17.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move that we approve CUP 04-047, with the added condition of more green
space to be worked out between the applicant and staff. The green space requirement
to be enlarged from what it is now.
Rountree: Second.
Canning: Madam Mayor, ['m sorry. Can you give staff a little bit more direction on what
kind of increase you might want to see there?
Bird: I believe in a planned development it's ten percent, isn't it? It isn't required to
be ten percent. You have traditional -- most of the time you see at least ten percent.
Would you like to make that a --
Bird: Well, in my motion I'll put ten percent. Okay?
Canning: Okay.
De Weerd: Okay. Does second agree?
Rountree: Yes.
De Weerd: Okay. If there is no further discussion, Mr. Berg, will you calf roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
December 21,2004
Page 62 of 67
De Weerd: Thank you. Staff, I guess I would have a question, now that this piece is
annexed almost, until we get the final paperwork. What does this do to the properties
across the street?
Canning: Across the street on Victory or across --
De Weerd: Yes. On Victory. Do we now have to annex them in and provide them
sewer?
Canning: We don't have to.
De Weerd: I thought that was a condition once we were contiguous.
Canning: Oh.
De Weerd: To Kentucky Ridge and that other thing.
Canning: Madam Mayor, Members of the Council?
De Weerd: Yes.
Canning: As I look at the map, the plat boundaries for -- now I just looked at the name
and I have forgotten it. Meridian -- what's the name of this one? This is Kentucky
Ridge. It doesn't start until here. Meridian Heights. It's boundary is here, so that does
not bring us contiguous to either of those subdivisions.
Item 18:
Amendment to Ordinance No. 04-1109 : AZ 04-013 Request for
Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It
StoraQe Facility by Lyons Development, LLC - southwest corner of
Stoddard Road and West Overland Road:
Item 20:
Ordinance No. 04-1120 : AZ 04-005 Request for Annexation
and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres
Subdivision No.3 by Packard Estates Development, LLC - east of North
Locust Grove Road and south of East Ustick Road:
De Weerd: Okay. Thank you. That's good news. Okay. Are we ready to go back to
the -- well, why don't we just go ahead and open up Item 18 and 20 to ask the city clerk
to please read the ordinances by title only on 18 and 20.
Berg: Thank you, Madam Mayor. Sorry. Item 18 amendment to the ordinance 04-
1109, an amendment to the ordinance finding that Idaho Power Company, the owner of
real -- certain real property generally located on the southwest corner of property --
corner of the intersection of Overland Road and Stoddard Road, within Township 24 --
excuse me -- Section 24, Township 3 North, Range, on the west -- Range 1 west,
Meridian, Idaho, to be known as Spell-It Self Storage within Township 24 -- excuse me,
Meridian City Council
December 21, 2004
Page 63 of 67
Section 24, Township 3-N, Range 1 west, Meridian City Limits, to be known as Spell-it
Storage and which lies contiguous or adjacent to the city limits of the City of Meridian,
county of Ada, state of Idaho, has made a request for annexation in writing to this
Council, that said land be annexed to the City of Meridian, zoning designated General
Retail and Service Commercial District, C-G and declaring that said land by property
legal descriptions 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. And just a
comment. This is the one where the legal description did not close, so we have to
amend that description.
De Weerd: Okay. So, Mr. Berg, what does that mean?
Okay. Thank you.
I thought we needed to -- oh.
Berg: That's why this is the amendment and we were trying to get it done before the
end of the year. And, then, the next one is Item 20, which is Ordinance No. 04-1120.
De Weerd: 1120?
Bird: Yep.
Berg: Yes, Ma'am.
De Weerd: Okay.
Berg: Ordinance No. 04-1120, an ordinance for Packard Acres Subdivision for property
located -- and an attachment for this ordinance and annexation of certain lands and
territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate
city limits -- corporate limits of the City of Meridian and described by the City of
Meridian, establishing and determining the land use zoning classification of lands as R-
8, Medium Density, in Meridian City Code, providing that copies of the ordinance shall
be filed with the Ada County Assessor, and the Ada County recorder and the Idaho
State Tax Commission, as required by law, and providing a summary of the ordinance
in providing a waiver of reading of the rules, and providing an effective date.
De Weerd: You have heard Item 18 and 20 -- read by title only. Is there anyone in the
audience that would like to hear it read in its entirety? Thank you for not saying yes.
Okay. I would entertain a motion, Council, to approve these ordinances.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
December 21, 2004
Page 64 of 67
Bird: I move we approve the amendment of 04-1109 and also Ordinance No. 04-1120,
with suspension of rules.
Rountree: Second.
De Weerd: Okay. The motion is to approve Items 18 and 20. If there is no further
discussion, Mr. Berg, will you calf roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Thank you. Mr. Nary, do you know where we at in the hall?
Nary: Madam Mayor, Members of the Council, that's what I went outside for. I asked
them if they were done and they said they weren't quite done, but they thought they
were really close and I don't know how long -- we have an Executive Session
scheduled, I guess it's up to you if you want to bring them back in and see if they are
done or set it over or if you want to go to your Executive Session, try to do that, and,
then, come back.
De Weerd: If they are not quite ready, if Council is ready to move into Executive
Session, I would entertain a motion.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Before we do that, I was remiss in not introducing our new deputy city attorney,
who is sitting over there on the side with the rest of the staff. Ted Baird started with us
yesterday. So, this is his second day with us. I should have introduced him earlier and
I neglected to do that.
De Weerd: Thank you. And welcome. And I kept thinking about reminding you to.
Nary: I didn't have a department report, so I forgot to do that. So, Ted is here now and
so we have got -- we have doubled our attorney staff in the last couple of months, so --
De Weerd: Welcome, Ted. It's nice to have you.
Bird: I don't know. Two lawyers instead of one?
De Weerd: And I'm sure Bill is very happy to have you. And, Len, it's nice having you
here as well.
Meridian City Council
December 21, 2004
Page 65 of 67
Canning: Len even said, hey, this is cool.
Rountree: Sheltered engineering life.
Item 22:
Executive Session per Idaho State Code 67-2345(1)(b):
De Weerd: Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho Code 67-2345(1)(b).
Donnell: Second.
De Weerd: Okay. The motion is to adjourn into Executive Session. Mr. Berg, will you
call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you.
EXECUTIVE SESSION:
Rountree: Madam Mayor, I move we come out of Executive Session.
Bird: Second.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 14:
Public Hearing: PP 04-034 Request for Preliminary Plat approval for 83
single-family residential building lots and 5 common lots on 25.86 acres in
an R-4 zone for Milliron Subdivision by Dyver Development, LLC -
northeast corner of North Black Cat Road and West Cherry Lane:
De Weerd: For the record, we'd note that no decisions were made while in Executive
Session. We will get back to Jtem 14. I do need a motion to open the Public Hearing.
Or was staff going to give us a -- okay.
Canning: Madam Mayor, Members of the Council, I believe I can give the summation.
The developer and the neighbors have agreed to a number of things. There is still one
Meridian City Council
December 21,2004
Page 66 of 67
outstanding issue that they would like for -- they have agreed to disagree and would like
for City Council to take an action one way or the other and I will try and present both
those sides. But on the compromise area, let me start with those. The applicant and
neighbors have agreed that on the north boundary there would be a six-foot vinyl fence,
solid, and there would be desert landscaping or arid landscaping in the easement. They
would not provide irrigation water up there, but it would be landscaped. On the east
boundary there would be a four foot vinyl solid fence and, then, the CC&Rs would
contain a condition for four trees, seven five gallon shrubs and seven one gallon shrubs.
Then, the applicant has also agreed to the 1,900 square foot upstairs along the north
and east boundaries and, then, if it's a single story, 1,700 square feet, if it's a two story,
1 ,900 feet. And the issue that they have not agreed upon is regards the eastern
property boundary. The neighbors to the east would like the fence setback five feet
from the property line and, then, they would like the applicant to do the same kind of
desert or arid landscaping within that five feet. The applicant has agreed to a zero
setback and they want a five-foot setback, so therein lies the rub. So, that would apply
to Lots 1, 2, and 3 on Block 5 and, then, 17, 18, 19 and 20 on Block 1, so it excludes the
-- this lot here. Otherwise, it's along that eastern boundary there.
De Weerd: Thank you, Anna. Thank you all. Council, what would you like to do?
Rountree: Madam Mayor, I would defer to Councilwoman Donnell to try to re-craft her
two previous motions.
Donnell: Thanks a lot.
Rountree: If she doesn't wish to do that, I will attempt --
Donnell: No. I can try to do that. But I need some clarification, Anna. So, can -- show
me, again, the area that has not been resolved.
Canning: It's on the east property boundary. It would be these four lots here and, then,
these three lots. It does not need to include that one -- and maybe I can show you why,
if I get up here. You can just barely see it there. See that little sliver right there? The
bike path pulls away -- or the path pulls away at that point from that lot, so they didn't
see the need to have the setback on this lot.
Donnell: All right. So, tell me again the neighbors would like to have --
Canning: The neighbors would like to have five feet. Their concern is that the path
comes within a foot of the property line, so their concern that it is -- that the fence would
be too close.
Donnell: Okay. Madam Mayor?
De Weerd: Mrs. Donnell.
Meridian City Council
December 21, 2004
Page 67 of 67
('
Donnell: Never having been one to back away from much of anything, I would like to
make a motion to approve preliminary plat Item No. 14, 04-034 -- am I on the right one?
De Weerd: Uh-huh.
Donnell: Oh, good. With those issues that have been resolved between the neighbors
in regard to the fencing and the landscaping and -- and that there be no required
setback of the fence. Now, where I'm going with that is with the developer, so did I say
that right?
Canning: Yes, ma'am.
Donnell: Okay. That's my motion.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 14 with the agreed upon items from
the neighbors and the developer.
Canning: Madam Mayor, before you take the vote, would the motion -- does that
include marking all those applicant's commitments as Exhibit F as previously presented
Donnell: Absolutely.
Canning: -- before? Thank you.
Donnell: Absolutely.
De Weerd: Discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Okay. Well, thank you. Thank you for working together. We
appreciate that And, Council, I would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. Merry Christmas.
MOTION CARRIED: ALL AYES.
Meridian City Council
December 21, 2004
Page 68 of 67
(
MEETING ADJOURNED AT 10:58 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
~~~~
MAYOR T - EERD-
ATTEST:~~~
WILLIAM G. BERG, J
December 17,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
December2L 2004
ITEM NO.
5-E
REQUEST Award of Bid for Storey Park Phase II Project
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SEITLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings ,hall become property of the City of Meridiem.
Memo
To:
CC:
From:
Date:
Re:
Will Berg
Mayor and City counCi.' jJrI;;-~ _
Doug Strong AD"(, x...J-V""'G
December 2, 2004
Storey Park Phase II Bids
The Parks and Recreation Department respectfully requests the following item to be placed
on the December 21 J 2004 City Council agendaJ under Consent Agendal for Council's
consideration:
Storey Park Phase II Construction Five bids were received for this project as summarized
below.
· King Excavation - Caldwell .................................... $2601000.00 - Alternate $23J800.00
· Warner Construction lnc......................................... $260,424.00 - Alternate $36,624.00
· Idaho Sand & Gravel............................................. $227,700.00 - Alternate $261350.00
· C & A Paving Company......................................... $2721000.00 - Alternate $42,000.00
· American Paving Company.................................. $203,035.00 - Alternate $24,615.00
The project consists of but not limited to: earthwork, utilities, parking, landscape and irrigation.
Recommended Council Action: The Parks and Recreation Department recommends
that the City Council approve the contract for Storey Park Phase II Construction with
American Paving Company, for $2031035.00, not awarding the alternate 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.
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INVITATION FOR BID
Sealed bids for Storey Park upgrades will be received by the City Clerk of Meridian, Ada County,
Idaho, the owner, at the City Hall Building located at 33 East Idaho Avenue, Meridian, Idaho 83642,
until 2:00 p.m., prevailing local time, November 24, 2004, and then publicaly opened and read aloud.
The work includes, but is not limited to: earthwork, utilities, parking, landscape and irrigation. All
work associated with the above will also be included.
Drawings and Bid documents may be obtained upon payment of $25.00 (nonrefundable) per set to the
Architect. Call JOT Architecture (463-9295) to reserve your set(s) of Construction Documents.
Drawings and Bid documents may also be viewed at the AGe Planroom at:
110 N. 27th
Boise, Idaho 83702
(208) 344-2531 phone
(208) 343-5321 fax
Bids must be submitted on the prescribed form and each bidder must include with their Bid, a Bid
security in the amount, form and subject to the conditions provided in the Information for Bidders.
No base bids may be withdrawn after the scheduled time for receipt of bids unless the award of
contract is delayed for a period exceeding sixty (60) days.
A pre-bid conference will be held on site November 9, 2004 at 2:00 p.m.
The City of Meridian reserves the right to waive any informalities or to reject any or all Bids and to
postpone the award of the contract not more than sixty days from the bid opening date, and to award
the contract, ifawarded., based on the best interests of the City.
Any questions concerning the interpretation of the bidding documents, the drawings, or other Contract
Documents or otherwice concerning the bidding procedures of the work to be performed in relation to
the above described project shall be to Tom Collins, JGT Architecture. P A at (208) 463-9295.
Dated this 28th day of October, 2004.
THE CITY of MERIDIAN, IDAHO
(
jgt architecture
1212 12th avenue south. nampa. idaho 83651
phone: (208) 463-9295 . fax: (208) 463~ 9299
email: jgt@jgt-architecture.com
letter of transmittal
to: City of Meridian
date: 10/26/2004
job no. 0315
re: Storey Park Upgrades
attention: Elroy Huff
we are sending you
o shop drawings
o prints
[gJ attached
o plans
o under seperate cover
o samples 0 specifications
o copy of letter
o change order
[g] other: Invitation to Bid
copies date no. description
1 Invitation to Bid
these are transmitted as checked below:
r8J for approval 0 approved as submitted D resubmit copies for approval
o for your use 0 approved as noted 0 submit copies for distribution
o as requested 0 returned for correction 0 return corrected prints
o for review and comment {8J other: Mayors signature needed
o for bids due 0 prints returned after loan to us
remarks:
copy to: file
Signed~ Wl.
~
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STOREY PARK
FOR
CITY OF MERIDIAN
MERIDIAN. IDAHO
.'\.
'\
~JGT AR.aHIECIURB PK'
.ARa:l'J1'Cl't1JQ!. II't1tlM+:J I [IMl(ftllNt
en III"EI AVINm SOUIJJ: :wJaA. m.wo w
^ _^A_ ~^A_ /
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DOCillvfENT 00300 - BID PROPOSAL FORM
BID TO:
City of Meridian
33 E. Idaho
Meridi~ ill 83642
BID FROM:
ADDRESS:
rtt~. &rm ~
?& fux ~0 MWUtWA fro B10fO
.
~tQ) ~~~/ 1tt0lb
. NAME:
PHONE:
BID FOR: St'orey Park Upgrades - City of Meridian
~
BID PACKAGE NlJ1\.1BER: . '{?) D ~ f:>
I have received the Drawings and Specifications for the Storey Park Upgrades.
I have attended the Pre-Bid Conference.
I have also received Addenda listed below and have included these provisions in my bId:
Addendum No. 11 Y\~J
Addendum No.
Addendwn No.
Addendum No.
Dated \-\D~. ~ \} 'l.tD-t
Dated
Dated
Dated
Having e:x:amined the Drawings and Specifications and related documents and the site proposed
work and being familiar with all of the conditions surrounding the construction of the proposed
project, including the availability of labor, ~ereby proposed to furnish all labor, materials and
supplies as .required for the work in accordance with the contract documents as specified, and
within thetim~ set forth and. at the price stated below. This price is t<:>C9V~ a.A c;:xpe~es ~c~~d
in perfonning the work required under the Contract Documents of wIllch this Proposal is apart.
In submitting this.bid, I agree:
3.
To hold bid op~n for a time of sixty (60) days from the date of bid opening.
To accept the provision of the Instruction to Bidders regarding disposition of Bid
Security.
The bid security attached, in the amount of 5% of the bid amount, is to become the
property of the Owner in the event the contract and bond are not executed with the time
set forth as liquidated damages for the delay and additional expense to the Owner caused
thereby.
~
;.L--:
1.
2.
Initials
BIDDERS CHECKLIST
The Bidder's Checklist is offered to the prospective bidder as a means of checking their
Bid in order to insure that a complete Bid is submitted, free from omissions and errors
that could possibly lead to rejection fo the Bid. The Contractor is not required to complete
or submit this form.
~ 1. Are all blank spaces filled out on Bid Form? Is a complete set of B,id
Proposal documents included.
1: L 2. Have questions arising from the bidding documents, contract, specifications,
or plans been submitted in writing to the proper authority and resolved in the proper
manner?
-r:. L 3. Are bid amounts shown correctly as well as extensions and totals? Recheck
for errors or omissions. Lump sum must be shown in words and figures.
1: L 4. Are authorized signatures properly affIXed to the Bidding Documents,
showing title, Idaho Public Works Contractor License number, corporate seal (if
applicable), etc.
l:J- . 5. Have all Addenda been received and acknowledged with the proper
signature on the Bid Proposal? ','"
~ 6. In order for a Bid to be considered, the Bid Security and all other required
documents, as specified in the Information For Bidders, must be placed in a properly
,~.~".addressed sealed envelope, and delivered to the specified authority prior to the time
designated for the bid opening.
..-,-. L, 7. Is the sealed envelope labeled per the "Instructions to Bidder"?
(
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A31 0
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we American Paving Co., Inc_
as Principal, hereinafter called the Principal, and
United States Fidelity and Guaranty
Company
a corporation duly organized under the laws of the State of MD
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Meridian
33 East Idaho Avenue
Meridian, ID
as Obligee, hereinafter called the Obligee, in the sum of
Five Percent of the Amount of the Accompanying Bid
, Dollars ($ 5% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for Storey Park Upgrade
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give slIch \')ond
or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penally hereof between the amount specified in
said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work c-l)vered by
said bid, then this obligation shall be null and void, other-wise to remain in full force and effect.
Signed and sealed this
24th
day of
November
4-82"004
~~~
{
Co., Inc.
(Seal)
1
-r€"RR\{
C1rIJ{-IA) ~(?L
(Witness)
uted States Fidelity and Guarant~_Company
(Surety) (Seal)
:J).AA__~U ~f-tl-t^-
Tina Coleman (Title) Attorney.. in- Fact
AlA DOCUMENT A310 . BID BOND. AIA@. FEBRUARY 1970 ED . THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D. C. 20006
StD...ul Surehi .... . A. Paul Fire and Marine Insurance Company
Irl1 L7 SI. Paul Guardian Insurance CompDny
SI. Paull\1ercury Insurance Company
Scaboud Suret)' Company
United ( ; Fidelity and Guaranty Company
Fidelily and Guamnt)" Insunnee Company
Fideliry and Guannt~. Insurance UndCt"Wrilers, Inc.
St. Paul Medical Liability Insurance Company
Bond No. Bid Bond
RIDER CONT AINJNG
DISCLOSURE NOTICE OF TERRORISM COVERAGE
This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the
"Act"). No action is required on your part. This Disclosure Notice- is incorporated in
and a part of the attached bond, and is effective the date of the bond.
You should know that, effective November 26, 2002, any losses covered by the
attached bond that are caused by certified acts of terrorism would be partially
reimbursed by the United States under a formula established by the Act. Under this
formula, the United States reimburses 90% of covered terrorism losses exceeding
the statutorily established deductible paid by the insurance company providing the
coverage.
Under the Act, there is a cap on our liability to pay for covered terrorism losses if the
aggregate amount of insured losses under the Act exceeds $100,000,000,000 during
the applicable period for all insureds and all insurers combined. In that case, we will
not be liable for the payment of any amount which exceeds that aggregate amount of
$100,000,000,000.
The portion of your premium that is attributable to coverage for acts of terrorism is
$0.00.
..
,
IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO
CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY.
(
(<
n~';:, ' , ~ :;, ,";,t;;,:;',!,i:~~,:~:>',; :',:' " " ;'~' * ' " '* " , ' ,}i '
'<i') "" ",,","i',,',,;),/,"",,{,,' 4merlcan RaVing Co " 'ft
!;~~': .',',;,' ~"" :(;i~,;~:f~;f, ~~~;;?!;:~!";, ',' ': '(' " ~:' ',,: ',":",' , ,!;! , .. ,. ,':, "::':i ,
Telephone: 88B-798B
Fax: 8BB-5020
P.O. Box 395, Meridian Idaho 83680
Idaho P. W. #12145-AAA-2-4( 43)
Oregon CCB # 137240
November 24, 2004
City of Meridian
33 E Idaho
Meridian, Idaho 83642
Re: Storey Park Upgrades-Subcontractor listing
Bid Date: Nov. 24, 2004 @ 2:00 PM
The information below is a listing of American Paving CO.'s proposed subcontractors for
the above referenced project along their trade and public works license numbers.
Striping & Signage: Pavement Specialties ofldaho, Inc.- PW# 14890-A-2
Landscape: ILS Co, Inc.- PW # 13939-A-4 (7,16,24,39,47)
Fencing: Sloan Fencing & Canst., Inc.- PW# 13453-A-4
Irrigation: Cascade Pipeline Corp.- PW# 13771-C-4 (7,16,22,43)
Concrete: TS Concrete Canst., Inc.- PW# 10149-A-4 (4,9)
Please feel free to contact our office should you have any questions regarding this
information.
::;:::;)~~
Terry~
Vice President
r..
~/ o.
f
,~ , , ">I"
. ~"" /"' iJi
f" ,.' , , ,', * *, .1., "
, " ,.' , . :~r '~me~lcan ~avlng CO.' . ',." :'~.. ,
, ~. ? F ,~ ~, , .;},;
Telephone: 888-7988
Fax: 888-5020
P.O. Box 395, Meridian Idaho 83680
Idaho PW. #12145-AAA-2-4(43)
Oregon CCB # 137240
November 24,2004
City of Meridian
33 E Idaho
Meridian, Idaho 83642
Re: Storey Park Upgrades-Tentative Job Schedule
Bid Date: Nov. 24, 2004 @ 2:00 PM
The information below is an estimated time frame of work operations for the above
referenced project.
Demolition, excavation and storm drain.... .......... ..... .........................,....2 weeks
Irrigation system ............................ ............ .......... .................................... 1 week
Regrading and pit run............ ...... .......... ..... .............. ..... ......... .......... ........ 1 week
Base for concrete...... .................. ............... ..... ..... ............ ............... .......... 1 week
Place concrete. .......... ................... ........ ....... ....... .......... ......... ..................2 weeks
Base for asphalt........ ................... ..... ........ ................... ..... ............. ........._2 weeks
Asphalt paving.......................................................................................... 3 days
Landscaping. .......... ....... ...... ......... ........ ............ ........ ...... .... .....................2 weeks
Concrete collars.. ....... ........................ .............. ..... ......... ........................... 2 days
The times noted above are based on a 5-day workweek, Monday thru Friday.
Tentative start date: Aprill st, 2005. Tentative finsh: July 1 st, 2005.
I
I}
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-
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I
DOCUMENT 00300 - BID PROPO'SAL FORl\1
BID TO:
City of Meridian
33 E. Idaho
Meridian, ill 83642
BID FROM:
NA1vfE: C t4 M{J/lVq CoM/AIV9
ADDRESS: 'IOle; S B110/lX1Z. Sr.- BOt5€: 10 &3709
PHONE: 3 G z. - t../ 2.. 'I ~
BID FOR:
Storey Park Upgrades - City of Meridian
BID PACKAGE NU1vffiER: / tj
I have received the Drawings and Specifications for the Storey Park Upgrades.
I have attended the Pre-Bid Conference.
I have also received Addenda listed below and have included these provisions in my bid:
Addendum No.
Addendrun No.
Addendrun No.
Addendum No.
.I Dated Moo /1 J.tDOi
Dated, "
Dated
Dated
.:.
Having examined the Drawings and Specifications and related documents and the site proposed
work and being familiar with all of the conditions surrounding the construction of the proposed
project. including the availability of labor, hereby proposed to furnish all labor, materials and
supplies as required for the work in accordance with the contract documents as,specifledand
within the time set forth and at the price stated below. 1'l1is price is to cover all expenses 'incurred
in performing the work ~equired under the Contract Documents of which this Proposal is a part.
In submitting this bid, I agree:
1. To hold bid open for a time of sixty (60) days from the date of bid opening.
2. To accept the provision of the Instruction to Bidders regarding disposition of Bid
Security.
3. The bid security attached, in the amount of 5% of the bid amount, is to become the
property of the Owner in the event the contract and bond are not executed with the time
set forth as liquidated damages for the delay and additional expense to the Owner caused
thereby.
4. To furnish all bonds and insurance required by the bidding documents within five (05)
days after receipt of properly prepared Agreement Between Owner and Contractor.
5. To accomplish the work in accordance with the bidding documents and commence work
on or before the date of Notice to Proceed.
6. To complete the work in timely matter as approved in the project schedule, submitted as
part of Bid package.
BID PROPOSAL: Bidder agrees to perform all of the base proposal work described in the
specifications and shown on thepl?U1S for the sum of1Wo IlUAJPIl.~() A.\>? 5~u~.,.'I' -raJ~ dollars
.., 72... . . . 'Tllous..AJUQ
($ A. . 000.- ). (Amount shall be shown m both words and figures. In case of dlScrepancy, the
amount shoWn in words will govern.)
ALTERNATE PROPOSALS: I will include the following alternates as specified substitutes for
the cost changes listed (See Contract Documents).
L Bid Alternate No.1: Additional Parking and Landscape with all associated curbs and
gutters. 00
Add the Sum of rOU/l.-r.., ~t7 '1N~SAAJO Dollars ($ J-/:l.., J 000 :-J.
(Amount shall be shown in both w6rds and figures. In case of discrepancy, the amount shown in words will govern.)
I have attached the required Bid Security in the sum of five percent (5%) of my base sum.
The undersigned notifies that he is of this date duly licensed as an Idaho Public Works
Contractor and further that he possesses State ofIdah6 Public Works Contractor's License.
10 JS9-AA - Y (b.23/~ P.2.:r/~ ~:L7'1(), Oz.s~&? t:>~785)
No. and is domiciled in the State of Idaho
Dated at J: 0 0 P. ff}. this OJ t-f.[l-v day of Ai 0-1 G;(Y\f66~
Respectfully submitted,
, 2004.
C fA 711VJIV6 ~""P,4v'Y
(Name of Bidder (Company))
(Seal, if bid is by a corporation)
'1'()/r;- S. 'EAJViUee. ~-r
Business Address
C~~~resanmtive
go/Sf; II? 8370?
City, State, Zip Code
?12e51,[)E"TJ
Title
2-08 ~ 3bt - ~ 2.l./l/
Telephone
,G08~ 3{;2.. - tf/<jO
Fax
~
(- (-
THE AMi:::RICAN INSTITUTE OF ARCHITECTS
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we C & A Paving Company, Iuc.
as Principal, hereinafter called the Principal, and
Insurance Company of The West
a corporation duly organized under the laws of the State of CA
as Surety, hereinafter called the Surety, are held and firmly bound unto
city of Meridian
33 East Idaho Ave
Meridian, ID 83642
as Obligee, hereinafter called the Obligee, in the sum of
Five Percent of the Amount of the Accompanying Bid
Dollars ($ 5% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for Storey Park upgrades
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such Qond
or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount spe,!cifted in
said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by
said bid, then this obligation shall be null and void, other-wise to remain in full force and effect.
Signed and sealed this
24th
day of
November
4-92 \) 04
~t~
{
C & A Paving company,
~~
(Tille)
Inc.
(S~al)
ale,u;) ~U;{_
(Witness)
{
Insurance Company of The West
~I j~l/r~ty)." .. (Seal)
~W4U. Gfr.--~
Tina Coleman
(Tille) Attorney-in-Fact
AlA DOCUMENT A310 . BID BOND. AIA@. FEBRUARY 1970 ED. THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. NW., WASHINGTON. D. C. 20006
No. 0001088
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty aod Surety Company
KNO W ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws ofthe State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws ofthe State of Texas, (collecti vely referred to as the "Companies"), do hereby appoint
ALLAN RANSTROM, TINA COLEMAN, KIM H. WARD,
COLLEEN THOMPSON, ROBIN STROUD
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalfofthe Companies, fidelity and surety bonds, undertakings,
and other similar contracts 0 f suretyship, and any related documents,
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
~~
John H. Craig, Assistant Secretary
John L. Hannum, Executive Vice President
State of California
County of San Diego
On December 5,2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their'signatures on the instrument, the entity upon behalfofwhich the persons acted, executed the instrument.
Witness my hand and official seal.
} ss.
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rvlAAY COBS I
COMM.#1321341 0
NO TAR y puBLIC-CALIfORNIA en
SAN DIEGO COUNTY ()
My o:.rnrnisslol1 Expires "'1
SEPTEr-,lBER ;gO, 2005 ,
...-..,...~~
~&6h
Mary Cobb. Notary Pnblic
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals wlder authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalfofthe Company, fidelity and surety bonds, undertakings. and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: 111at the signamres of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying, "
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 24 th day of November 2004
~
Jo1m H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney yon may call1-SOO-877-1111 and ask for the Surety Division, Please refer to the Power of Attorney Number,
the above named individual(s) and details ofthe bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group,
11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
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DOCillIIENT 00300 - BID PROPOSAL FORM
BID TO:
City of Meridian
33 E. Idaho
Meridian, ill 83642
BID FROM:
NAME:
~A~ 'S.....NI:"l \ ~f1'.d\\let.. LOMP1\N'V
ADDRESS:
^
'P.O. &:.... \~\C, ~",~.~b '8~53
.
~O<j... %6. - t;col
PHONE:
BID FOR:
Storey Park Upgrades - City of Meridian
BID PACKAGE NU1vfBER: II
I have received the Drawings and Specifications for the Storey Park Upgrades.
I have attended the Pre-Bid Conference.
I have also received Addenda listed below and have included these provisions in my bid:
Addendum No. ~ Dated ~~. H. ;tc:O~_
Addendwn No. Dated
Addendum No. Dated
Addendum No. Dated
Having- examined the Dravvings and Specifications and related documents and the site proposed
work and being familiar with all of the conditions surrounding the construction of the proposed
project, including the availability of labor, hereby proposed to furnish all labor, materials and
supplies as required for the work in accordance with the contract documents as specified and
within the time set forth and at the price stated below. This price is to cover all expenses incurred
in performing the work required under the Contract Documents of which this Proposal is a part.
In submitting this bid, I agree:
1. To hold bid open for a time of sixty (60) days from the date of bid opening.
2. To accept the provision of the Instruction to Bidders regarding disposition of Bid
Security.
3. The bid security attached~ in the amount of 5% of the bid amount, is to become the
property of the Owner in the event the contract and bond are not executed with the time
set forth as liquidated damages for the delay and additional expense to the Owner caused
thereby.
z:.~
Initials
4. To furnish all bonds and insurance required by the bidding documents within five (05)
days after receipt of properly prepared Agreement Between Owner and Contractor.
5. To accomplish the work in accordance with the bidding documents and commence work
on or before the date of Notice to Proceed.
6. To complete the work in timely matter as approved in the project schedule, submitted as
part of Bid p"ackage.
BID PROPOSAL: Bidder agrees to perform all of the base proposal work described in the
specifications and shown on the plans for the sum oflwo~,.,h.~ \_~s....~~ cs..,...... W..~~ I
($ '2 n, 'l00 ~ ). (Amount shall be shown in both words and figures. In case of discrepancy, th~ 'J~
amount shown in wor~ will govern.)
ALTERNATE PROPOSALS: I will include the following alternates as specified substitutes for
the cost changes listed (See Contract Documents).
1. Bid Alternate No.1: Additional Parking and Landscape with all associated curbs and
gutters.
Add the Sum of T,,\{c~.t;,'1 ~~~ ,,<<~tc. k~l~ ~.~~N/,...- Dollars ($"~ b, ~~ ~ ).
(Amount shall be shown in both words and figures. In case of discrep cy, the amount shown in words will govern.)
I have attached the required Bid Security in the sum of five percent (5%) afmy base sum.
The undersigned notifies that he is of this date duly licensed as an Idaho Public Works
Contractor and further that he possesses State of Idaho Public Works Contractor's License.
No..llCHb ~A"^-\-'l
and is domiciled in the State ofIdaho
Dated at I6P. w.:> S~~
Respectfully submitted,
i'"
this ") ~
day of ~"{eM~t.~
, 2004.
SDPMO ~~ ~ l, R~~~\.. G"",^H\~':'I
(Name of Bidder (Company))
(Seal, if bid is by a corporation)
:r.o.~" ,~\C ~"""""'l~, r~ -<g3U;.:>
Business Address
~~~
Signature of authorized represantative
N ~""~;... Ib ":8 ~"Z;;3
City, Smte, zip Code
A eo);\...Q ~"Z -e,.6 A '='t"N"""l
Title
'";<CS1 ... I..~ 9 t;c6~
Telephone
~ -4~-6lbb
Fax
LN
Initials
~ \ u.A.......,\ Su'el : Q........ \\ ~"{ ~ l.d;\(,. .r.N (... \ <.i \ t.L-::a - ~ A. A.. - Y. - (p~)
(~? t;-1J<>?
RESOLUTION OF THE BOARD OF DIRECTORS OF
STAKER & PARSON COMPANIES
RESOLVED, That pursuant to the Agreement and Plan of Merger of Jack B.
Parson Companies and Staker Paving and Construction Company, Inc., with and into
Oldcastle MMG, Inc., dated as of April 30, 2001, subsequently amended to Staker &
Parson Companies on March 27, 2002, and pursuant to the unanimous vmtten consent
agreement by the Board on June 8, 2004 to appoint officers and authorized agents.
RESOLVED, That the following individuals be authorized to execute and submit
contract bids, in the State of Idaho, for the above named Corporation or its trade names
of Bannock Paving Company, Idaho Sand & Gravel Co., Idaho Concrete Company, City
Transfer, Jack B. Parson Companies, and Staker Paving and Construction Company; as
duly filed in Idaho:
Tom Hall
Charles Lindsay
Hal Kelso
Garry Mattson
Erik Neilson
Robert Von Lintig
Jeff Chandler
Jerry Long
Kevin Wade
Larry Robson
Ryan Russell
Brad Hansen
John Grunenwald
Kevin Crockett
Larry Covey
Chad Gentry
RESOLVED FURTHER, That all contracts for securing and performing
construction work for the benefit ofthe Company in the State ofIdaho, shall be valid
and binding on the Corporation only when signed by anyone ofthe above named
individuals.
I, Douglas B. Peterson, do hereby certify that I am the duly elected and qualified
Vice President and Treasurer of Staker & Parson Companies, a corporation organized
and existing under the laws of the State of Utah, and that the above is a true and correct
copy of a resolution duly adopted by unanimous written consent in accordance with the
law and the Bylaws of said Corporation on June 8, 2004 and that such resolution is now
in full force and effect.
IN WITNESS WHEREOF, I have affixed my name as Vice President and
Treasurer and have caused the corporate seal of said Corporation to be hereunto affixed,
this 13th day of July, 2004.
':?J~ ~ b/----
Vice President & Treasurer
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Idaho Sand & Gravel Co. as Principal, and
XL Specialtv Insurance Company as Surety, are hereby held and firmly bound unto City of Meridian 33 East Idaho
Ave., Meridian. ID 83642 as Owner in the penal sum which is five percent (5%) of the amount bid, for the payment of
which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.
Signed, this 24th day of November, 2004. The Condition of the above obligation is such that whereas the Principal
has submitted to the Owner a certain BID, attached hereto and hereby made a part hereof to enter into a contract in
writing, for the Story Park Upqrades.
NOW, THEREFORE,
The Bond shall become null and void:
(a) If said BID shall be rejected.
(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form
of Contract attached hereto (properly completed in accordance with said BID) and shall furnish
a BOND for his faithful performance of said contract, and for the payment of all persons
performing labor or furnishing materials in connection therewith, and shall in all other respects
perform the agreement created by the acceptance of said BID.
OTHERWISE:
The Bond shall remain in force and effect; it being expressly understood and agreed that the liability of the
Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein
stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be
in no way impaired or affected by any extension of time within which the OWNER may accept such BID; and said
Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of
them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by
their proper officers, the day and year first set forth above
Idaho Sand & Gravel Co.
~Lkd -
Kevi Crockett, Principal
(Seal)
XL Specialty Insurance Company
Surety
(Seal)
......-
IMPORTANT. Surety companies executing BONDS must be on the approved list of companies on file with The Idaho State Department of
Insurance and be authorized to transact business in the state where the project Is located.
( (
SURETY DISCLOSURE
NOTICE CONCERNING FEDERAL TERRORISM
RISK INSURANCE ACT
You should know that, effective November 26, 2002, the US Congress enacted
the Terrorism Risk Insurance Act of 2002 (the "Act"). Under the Act, any covered
losses caused by certified acts of terrorism would be partially reimbursed by the
United States under a formula established by federal law. Under this formula, the
United States pays 90% of covered terrorism losses exceeding the statutorily
established deductible paid by the insurance company providing the coverage.
.
In accordance with this Act, we are providing this disclosure notice for bonds on
which XL Specialty Insurance Company is the surety.
DISCLOSURE OF PREMIUM
The portion of the bond premium attributable to coverage for certified acts of
terrorism under the Act is Zero Dollars ($0.00)
.. :"', , ' . .".',' ,"', "I'T,.': .....'.:,. ',', I", ii, _;";.' ,"';:,,'"
. '. . "A'" "."'"'' """" ' T' HIS IS NO,T A,'R'OND' NlJMB" E' R'"
];. ~'" ;,~ ~. ,~}/";' '~1 ~.:' ,;':~ ~;,. '. c~f;:::~'t, '..
~~~S:P.EGI~I1i-rl~{':" \. ./,,;, ,::,.'; ,,"'L"",)jM~ED P0WER OF ATTORNEY
"~';ffl~~~~~('; ,!!\,>';:....:':..':. ',. ,../' . , ^L~ 88202 '
KNOWAU.:MEN BY''rHESS'PRESENTS~,1hat the'X,b ~PEQJAlity INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Delaware
("com'pil.ny> or 'Corporation"), with offi,ces'& 25 Independence Blvd., Suite 103, Warren, New Jersey, 07059, does hereby nominate, '
,','. ,apPoint: patrfck W.Ar~strongr Miche/~eAmes!.~arry Maitson,.Ha{f{eIS~".,:". .~ . .:........::.. '...' ....... 'i"i,." , .',. ..... .' .
'. i~ts irue and lawful A1\?rn~Y(S~-in-fab}o mak.~, e~e'cJtEi:alie~t, seal a~d 'del'i~er for and o'~ ilstieh~li. as sllre~Y"~h~j~sil~ ,?ct and}!~.~#.,;.~y;tiere X'Ki~jt~1ia,9y:~H~:#i!~;~~~~~.h~;
- up.dertakings, recogmzances a8d wntten obhgallons In the nature thereof, for Sta~er. &. parso~ (';o~pa, : Jdaho S . ~fl:lmy.~te.~'.~ th~.:p!!:nal s~11Y~f/j}?'ory~OfWhii~!:ns
'. in any event to exceed $1 ,0,00 ,090-BI 0 BONDS ONLY.. Such'bonds and,undertaJ~lngs,y;hen dulY ex "tlorneY($'E!ntfilc .pelblndlng,'upon the safd
.....,. c'dli:ip~ny as fully arid i~ the sari;ieext~nt ~s if SUCh bon.ds andurid~~(!kii1gs \Vetil si~~e4 by ihe Pre,s!~,'C~mip~nY ~6~:. ,)w!th it's,.girpOrate se~!f
This Power of Attorney IS granted and IS Signed by faCSimile under and by theauthonty of the followmg n.a 0 y the Bqa,1d of Dlrectq~s' of the ,t;:ompany on me 5th .
'day of December 1988: '" ,/",., . ,y'.' ....,... '.,W' 'jj"r' ,m' '.:'.~;' '".,;)Y
, , " , ' ~ ,,' . , ".':, " :': >-;,-'::., i'~~~~,.i}~) ';~~';..".,;,.:1^jlny~:' . ,~t~:r (Jh: ;'::;~J).~/:~~)l~ ,
'RESOL VEri, That the President, or any Vice President of the Company?r any person designateifbYany one of'iA-em'rs hereby auttl'9'rrzed to e'xeC'UiEi'Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute In, behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any
Secretary or any Assistant Secreta ry of the Company be, and that each or any of them hereby is' authoriz.ed to attest the execution of any such Power of Attorney, and to .
. ,i'riJ~~~P th~~~to t~:~:~~,~Ji"rf;he ~~~j'1~~!;,;,~;.::riY,j',!:!,;:;,:;);,! ':,,' ..' . .
'.:i;!::i.ii,~' fYFnH~R R,~~~~rVED,ihat~\h~:~ign~f~i;;6f'~~HW~fficers a'n.~ the Seal oflhe Company may be affixed t6 any' such Power of Attorney orto any ~ertificaterelating thereto
,....!!"'.. ,', ':bY ,i\~:.~rld'any s'-!C1)'PoWerof f-lIorney qi;i':ertificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with
:':iites ,.. tO~~E~bond',,~n?e:rtaking ~fc.q6ntrac!8fsuretys~i~.t6'Which itis attached." . . '. . , . .'
.... Bondsi;~xe~41~d undkth.!~,~,g0~r of A~torf;1~~' may b~~X!l,(;!-lte'~ uhd~r f"csimile signature and seal pursuant 10 the following Resolution adopted by the Board of Directors of the
CompaliY'oh August'7/~ $l97,: " . . ';;' "', . .' .' . .
. RESOLVED, That the, signature of Nicholas M. Brown Jr., as President of this Corporation. and the seal. of this Corporation may be affi.xed or printed on any and all
bonds, undertakings, recogniz.ances, or. other written obligations thereof, on any revo~tion of any .Po~e,fJ~fAttorney. or on.'1DY ~ertificate .ling tI1er~!o,?y,r~csimile,
and any PowerofAllorney, any revocation of any power of Attorney, bonds, undertakmgs, recogn'~<jt)!;e,s;:certlficate or,ofhe.rowntten ab t?~a(i(ig,'siJC/1)faCSjrniJe
'(i. signatureorfaC5i~ile s~al shall be valid andbind!ngupbn the Corporation. ....., ". ,.-. j!i,ii?::;i;;;;i:i/ )V:i;ij[j;:~;Tyr:";!J~;;;r;1:?: ,:),~,Lr;[,;',{.~;':' '~'I:))lL.
,>i,l,N WITNES~ W!;lt=REOF, the XL SI7'EClALTY INSURANCE COMPANY has caused itfcorporate sealt~be,~'~~e~m6iarrl~~ii:t~nd t~~~~pr~i~hts #fbe sign~~!bY its duli:;,l~'
, authorized officerS this,Fe,~,ruary 20th, 2004,,', "...., ... ,',' iW' ""~",, ",i:,~' " . ,.ci,'i:' ,.i'1: ,/" ".i,'T.',
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...".;...~n~'(n~~affl:edt!Ff~:~"~y, ~r?r. ,IJ~~ IJUtho~lty.of .tne.:oa~d()f;~I~e,clors of'S<l~,~,W~mjf(lf;'j,10.,~"I,:~!r:nt.m:;..';""H 1';ll1: ...lrrme~t,;i}~G~f8'~f::r~q7~;r,"'.\'!'';~!;/'''; ~\c;}iJi'!,'. '''i. ",~,\iW' . '>'.,:;
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I. e~n Yi" ,!,"~ , 'L i,"'i. L $P~P:'A~ TY !~~p~~,9ktb~PANY~ 8br~bi~ij~n oft~~ ~tat~: o!"~e!~Ware:~;.hereby ,certify that.the above and forgoing is a full, true 'and',
cC\rre9 ' "" ,torney Is.sued ~~r:sal~ Company;; and th!lt f have compared sl!!"e With, lhe ong!ralan~,that !t1s,a correcHra?~pnpl therefrom and of the whole of lh eEn'
ofigin<ll'and,that th~:s PQwerof Attorney, IS stlll'in full force and effect and, has not been revoked::.... ......" '...... ":," ....'" '" ' ',,, ,'. .'
IN WrrNESS wHE~EOF. Ih." h.""",o." m, hood '"' ,ffi'" ., ",, 01 "Id Comp'", .. 1h, ~~:,0;:;I~~lo;,~r~~~1:~i;.;:~~,""{'Wr:f ., '>
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>><ACtl"",;,i';/ "/' i,'{ ,""'d>\1;"h' :"t"'n"'",u":,, "r, " ,', Ong ," .Early '"'.Early",, .','" ."
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1000, Mob and Survey 2d 2d 31JAN05 * 01: FEBOS
1010 12" PVC Irrigation and Manhole 5d 5d 02FEB05 08FEB05
1020 Demo Aspahlt and Excavate to Subgrade 4d 4d 09FEB05 14FES05
10$0 Excavate and Finish Storm Drain Ponds 3d 3d 15FEB05 17FEB05
1040 Granular Material! for Paving Section 5d 5d 18FEB05 24FEB05
1050 Relocate Misc,ltems ... 4d 4d 15FEB05 18FEB05
10.60 Prep for Site Concrete 5d 5d 25FEB05 03MAR05
1070 Site Concrete 5d 5d 04MAR05 10MAR05
10eO Prep for Paving 3d 3d 11 MAR05 15MAR05
10~O Asphalt Paving 1d 1d 16MAR05 16MAR05
1100 Extruded Curb and Striphng 2d 2d 17MAR05 18MAR05
1110 Backfill and Landscaping 10d 1Qd 21MAR05 01 AfPR05
11;20 Project Completion! 1d 1d 04APR05 . 04APR05
..
Start date 31 JAN05
Finish date 04APR05
Data date 31 JAN05 Idaho Sand l
Run date 24NOV04 Storey I
Page number 1A
@ Primavera Systems, Inc.
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DOCUMENT 00300 - BID PROPOSAL FORM
BID TO:
City of Meridian
33 E. Idaho
Meridi~ ill 83642
BID FROM:
NAME:
~o..~'t'\.G~ CO\l'.S\'(u-(:..,\::.,,,, ) :r'^c -
ADDRESS: .\>. t). Do ~ S l[!)B go:.s-,e I :t ~ 8s7 0:;
PHONE: '3 ~ 3 - 6 I B S
BID FOR:
Storey Park Upgrades - City of Meridian
BID PACKAGE NUMBER:
I have received the Drawings and Specifications for the Storey Park Upgrades.
I have attended the Pre-Bid Conference.
I have also received Addenda listed below and have included these provisions in my bid:
Addendum No. r
Addendum No.
Addendmn No.
Addendum No.
Dated 11/11/0'-(
Dated
Dated
Dated
Having examined the Drawings and Specifications and related documents and the site proposed
work and being familiar with all of the conditions surrounding the construction of the proposed
project, including the availability of labor, hereby proposed to furnish all labor, materials and
supplies as required for the work in accordance with the contract documents as specified and
within the time set forth and at the price stated below. lbis price is to cover all expenses incurred
in performing the work required under the Contract Documents of which this Proposal is a part.
In submitting this bid, I agree:
1. To hold bid open for a time of sixty (60) days from the date of bid opening.
2. To accept the provision of the Instruction to Bidders regarding disposition of Bid
Security .
3. The bid security attached, in the amount of 5% of the bid amount, is to become the
property of the Owner in the event the contract and bond are not executed with the time
set f,orth as liquidated damages for the delay and additional expense to the Owner caused
theI'eb~,
fJvJ
Initials
......
"',--"1Uiiiiii
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we, fue undersigned., Warner
Construction ~ as Principal, and Tri'lVA 1 FOr1=; (';;) 1=;1li'l1 ry as Surety. are hereby held
and fumIy bound unto the City of Meridian, Ada County~ Idaho. in the sum of
Five Percent Dollars ($ 'ilk ) for the payment ofwbic~ well
and lruIy to be made~ we hereby jointly and sc:vcraJ1y bind ourselves, successors aDd assign.
The condition of the above obligation is such that, whereas, the Principal has submitted to the
OWNERS a certain Bid, attached hereto and hereby made a part hereof, to enter into 8 contract in
writing, for the STOREY PARK UPGRADES.
NOW~ THERFORE,
(a) Ji'Said Bid shall be rejected; or
(b) If Said Bid shall be accepted and the Principal shall execute and deliver a contract in
the Fonn of Contract attached hereto (properly completed in accordance with said Bid)
and shall furnish Bond for his faithful performance of said con~ and for the
payment of all persons performing Jabar or furnishiDg materials in connection
therewith~ and sball in all other respects perform the agreement created by the
accpetance said Bi~ then this obligation shall be voj~ otherwi.st; the same shall
remain in force and in effect, it being expressly understood and agreed that the liability
of the Surety for any and all clBirns hereunder shall. in no event,. exceed the penal
amount oftbis obligation as herein stated..
The Surety, for value received, hereby stipulates and agrees that the obligatioIl5 of said Surety
and its Bond s11all be in no way impaired or affected by any ~ion of the time within which the
OWNER may accept such Bid; and the Sw:ety does hereby waive notice of any such extensioD.
IN WITNESS WHEREOF~ the Principal and the Surety have hereunto set their hands and
seal~ and such oftbem as arc corporations have caused their corponUe seals to be hereto affixed and
these presents to be signed by their proper officer, and day and year first set forth above.
Signed and sealed this 1 8
Day of November
. 2004.
w ~~ ---~ ~ Co~ \\ \..<.(.. ~:-o.-..... :t. 'J\..e: _
.
Principal
By; ~~
S. '-
IgnaLuxe
SEAL
((fBid is by a COIpOration) .
W-..: ~ r~
Signature
----
--
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'IRA VELERS CASUALTY AND SURETY COMPANY
(. FARMINGTON CASUALTY COWANl
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY CO:MPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY
corporations dilly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford:
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents malee, constitute and appoint: Mary Ann Shuker, Steven J. Roach, Andrea Legarreta, of Boise, Idaho, their true and
lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the
United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of
indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents
incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized
officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under: and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President; the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at ariy time may remove any such
appointee and revoke the power given him or her. '
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part afthe foregoing authority to on~.or more officers or employees oftllls Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys~in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of 1RA VELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect: .
VOTED: That the signature of eac!). of the foIIov.ring officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice. Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings Obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
ce;ufied by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11.00 Standard)
: ~
"'Travelers ,~
~
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
".
On November 261 20021 President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act").. The Act
establishes a short-term program under which the' Federal
Government will share in the payment of covered losses caused
by certain acts of international terrorism. We are providing you
with this notice to inform you of the key features of the Act, and to
let you k~ow what effect if any, the Act will have on your pre.mium.
Under the Act, insurers' are required ta provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
will pay a share of such losses. Specificafly, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that ye~r. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can. 'be responsible at
. $100,000,000,000.00, provided that the . insurer has met its
deductible.
Please note that passage of the Act does not result in any change
in coverage under the .attached policy or bond (or the pollcy or
bond being quoted). Please also note that no separate additional
premium 'charge has been made for the terrorism coverage,
required by the Act. T/:1e premium charge that is allocable to such
coverage is inseparable from and imbedded .in your overall
premium, and is no more than one percent of your premium.
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DOCUMENT 00300 - BID PROPOSAL FORM
BID TO:
City of Meridian
33 E. Idaho
Meridian, ID 83642
BID FROM:
NAME: /(I ^j C; Lc;v t:. f~ I)y\ 1 LL,C_
ADDRESS: 2./ $(JD f1)~J.JIf'tw\ RCl~dl C",;cJwe/C, /rlc..ho 83l/J5
PHONE: lf51- 3lj 2(5
BID FOR:
Storey Park Upgrades - City of Meridian
BID PACKAGE NUMBER: !f
I have received the Drawings and Specifications for the Storey Park Upgrades.
I have attended the Pre-Bid Conference.
I have also received Addenda listed below and have included these provisions in my bid:
Addendum No.
Addendum No.
Addendum No.
Addendum No.
J
.
Dated tV d 1/1> ....... b -;>/ I/" 200 t
Dated
Dated
Dated
Having examined the Drawings and Specifications and related documents and the site proposed
work and being familiar with all of the conditions surrounding the construction of the proposed
project, including the availability of labor, hereby proposed to furnish all labor, materials and
supplies as required for the work in accordance with the contract documents as specified and
within the time set forth and at the price stated below. TIlls price is to cover all expenses incurred
in performing the work required under the Contract Documents of which this Proposal is a part.
In submitting this bid, I agree:
1. To hold bid open for a time of sixty (60) days from the date of bid opening.
2. To accept the provision of the Instruction to Bidders regarding disposition of Bid
Security.
3. The bid security attached, in the amount of 5% of the bid amount, is to become the
property of the Owner in the event the contract and bond are not executed with the time
set forth as liquidated damages for the delay and additional expense to the Ovm.er caused
thereby.
AN...
Illi tiats
4. To furnish all bonds and insurance required by the bidding documents within five (05)
days after receipt ofproperIy prepared Agreement Between Owner and Contractor.
5. To accomplish the work in accordance with the bidding documents and commence work
on or before the date of Notice to Proceed.
6. To complete the work in timely matter as approved in the project schedule; submitted as
part of Bid package.
BID PROPOSAL: Bidder agrees to perform all of the base proposal work described in the
specifications and shown on the plans for the sum ofrl.v(l Ii c-,..d rt d .s j f. '17 ,hdvSt.-, r'\0 dollars
($2.~ D.OCO.O'tJ ). (Amount shall be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern.)
AL TERNA TE PROPOSALS: I will include the following alternates as specified substitutes for
the cost changes listed (See Contract Documents).
1. Bid Alternate No.1: Additional Parking and Landscape with all associated curbs and
gutters.
Add the Sum 0[-& f (\ f ~ Ihre~ rhD dr"flcl E~ 1hr .v\v"Jtd Dollars ($ 2:5 8 /5 (), ao ).
(Amount shall be shown in both wo ds and figures. In case ofiliscrepancy, the amount shown ill words will govern.)
I have attached the reg uired Bid Security in the sum of five percent (5%) of my base sum.
The undersigned notifies that he is of this date duly licensed as an Idaho Public Works
Contractor and further that he possesses State ofIdaho Public Works Contractor's License.
No.155/~ - S-Y(/2, n.'!?) and is domiciled in the State ofIdaho
Dated at ) 0 ~ 35 IJ 1m. this Z. LJ 1..!J day of /'I. 0 1/-( "". b "" -y' __
Respectfully submitted,
-'-.-,2004.
Ki~ r;; c'\ v,,1,'#1')' L, L. C.
(N e of Bidder (Company))
(Seal, ifbid is by a cQrporation)
2.1506 If} I JJle1"il f<t'J0\ d
Business Address
\.
CC\ J J~!' J)1 Id.A he; 8 j> ~(),
City, State, Zip Code
Title
Y 5> q - :3 Lf 20
iTelephone
Y51-2251
Fax
~~
Initials
BID BOND
# 1113
KNOW ALL 1\ffiN BY nmSE PRESENfS: That we~ the undersigned, KING
EXCAVATION, LLC . as Principal, and JNJBVNIlY OWPNY OF CALlFClil'ITA as Surety~ are hereby held
and finnly bound unto the City of Meridian, Ada County, Idaho, in the sum of
FIVE PERCENT (5%) OF AMOUNT BID Dollars ($ (5%) ) for the payment of which, well
and truly to be made, we hereby jointly and severally bind ourselves, successors and assign.
The condition of the above obligation is such that, whereas. the Principal has submitted to the
OWNERS a certain Bi~ attached hereto and hereby made a part hereof. to enter into a contract in
writing, for the STOREY PARK UPGRADES.
NOW, THERFORE,
(a) If Said Bid shall be rejected; or
(b) IT Said Bid shall be accepted and the Principal shall execute and deliver a contract in
the Form of Contract attached hereto (properly completed in accordance with said Bid)
and shall furnish Bond for his faithful performance of said contract, and for the
payment of all persons performing labor or furnishing materials in connection
therewith, and shall in all other respects perform the agreement created by the
accpetance said Bid, then this obligation shall be void, otherwise, the same shall
remain in force and in effect, it being expressly understood and agreed that the liability
of the Surety for any and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety
and its Bond shall be in no way impaired or affected by any extension of the time within which the
OWNER may accept such Bid; and the Surety does hereby waive notice of any such extension.
1N WITNESS WHEREOF~ the Principal and the Surety have hereunto set their hands and
seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and
these presents to be signed by their proper officer, and day and year first set forth above.
Signed and sealed this
18
Day of
NOVEMBER
,2004.
SEAL
(If Bid is by a Corpomtion)
Witness. c--
Signature
~~
JENAE M. PRICE
If ..1.-.J...1..'\J
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX I <)725. IRVINE. eA 9262.1 (<)49) 16.1-.1.100
KNOW ALL MEN BY TIIESE PRESENTS. tlUlt exc<:pt a, expr<:,sly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY <Ind INDEMNITY
COMPANY OF CALIFORNIA. do each. hereby make, constilute and appoint:
***Karyl A. Richter***
as their tllle and lawful Attorney(,)-in-Fa<:l. 10 make. exeeule. deliver and acknmvledge. for and on behalf of said corporations. as ,ureties, bonds. lllldertnkings
and contracts of sur<:lyship giving <Illd granling unto s,lid AttMn<:y(s).in-F.I<:1 full power .Ind ,Iulhority to do ,md to perf(lfI11 <:very .1ct ne<:eSS,IIY, r<:{)uisite or prop<:r
to be done in conl1ection Ihcrcwith ,IS each of saitl corpor.1Iions molcl do. hut rcserving to each of said <:llrporations full I'ow<:r of suhstitulion mul r<:vo<:<ition. .1Ild
all orthe acts ofs;lid Attorney{s)-in-Fact. pursm1l1t to Ihese presents. .11'<: h<:rehy ratitied and l:Ontinn<:d.
This Power of Attorney is granted and is signed by li1esimile under and by authorily of the following resolutions adopted by the respective Board of Direclors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I. 2000:
RESOLVED. Ih<ll Ihe Clwinnan of the Bo;ml. the Pr<:sid<:nt and any Vicc Presid<:nt of the corporiltion b<:. and Ilmt eHch ofth<:m hereby is. ilutllllrizcd to
<:X<:ClItC Power, of Attorncy. qualifying Ihe attol'll<:Y(') named in the Powers of Altorney 10 execute. on bdwlf of the corponltions. bonds. ul1c1crlakings and <:Olltr;ll:ts
of suretyship: and Ihat Ihe Seeretnry or any Assislanl Secretary of Ihe eoq~orminlls be. and eaeh of them hereby is. allthorized to attest the exe<:L1tion of any su<:h
Power 0 f A Horney:
RESOLVED. FURTIIER. Ihal the signatm<:s of sl1ch officers may be .1ff1xcd 111 ,lilY such Power of Attorn<:y or 10 any c<:rtitlcate relnting thcreto hy
t:lcsimilc. <lml any sudll'owcr of Attorney or cl'rtiti<:;ltc he.lring sl1ch facsimile siglHll\ll"cS sh,ll1 he v<llid 11I111 binding upon the corporation when so aftixecl <lml in
Ihc fllture with respect 10 <lny hondo ul1derlilking or conlnlel of suretyship to which it is alla<:hcd.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COM PANY and INDEMNITY COM PANY OF CALlFORN IA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st dny of October. 2003.
By cu:) ~)
ByD";dHl];;~
Walter A. Crowell. Secretary
,\",'~UIII"qt~
.....~\,.~"'I AND I.A:I-/~I,
,.' rL"<- .,........, "0,,..'"
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/c:;>.....o...." R41""'~\
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!i~ :' OCT. \ ::H
;~1 10 EnE
'; ~\ 19 J 6 /g j
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",~'.:f'o '+I.'IU~U'.'. 'r-.;;fi..............
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STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANGE
On October 1. 200.1. before me. Diane.l. Kawata. personally appeared David H. Rhodes and Walter A. Crowell. personally known to me [or proved to
me on the busis of salisfactory evidence) to he the persons whose names <Ire subscribed to the within instrulllent and acknowledged 10 me that thcy executed the
SU1l1e in their authorized capacities. and tlwt by their signatores onlhe instrument the entity upon behalfofwhich the persons ,Ict<:d. <:xecuted the instrumcnt.
WITN ESS my hand and ofticial seal.
~!O>~J~~
--D;~
COMM, # 1334746 ~
NOlary Public . California s:
ORANGE COUNTY 0
My :omm. E~~e. JAN, B. 20~~J
Sigllntl1l'e
CERTIFICATE
The undersicnctl. as Senior Vice-President. Und<:rwrilil1!! of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA. do;s hereby certify that the foregoing Power of' Attorney remains in full force and has not been revoked. and furthermore. thallhe provisions
of the resolutions of fhe re~pective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Cel1iticate.
This Cerlitk:lte is ex<:cllted in the City ofll'vine. Calif(mliil. 11t<: ~ clay of NOVEMBER 2004
w~
eniOl' Vi<:e-President. Underwri II g
I D-I .1RO (Rev. 1010.1)
'iI'~
InscliblCO
~~
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three~year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a
cap of$100 billion for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92614
(949) 263 3300
www.lnscoDico.com
ID-1498 (Rev. 5/03)
21500 MIDDLETON RD., CALDWELL, IDAHO 8360~
PHONE: 208-459-3420 FAX: 208-459-2251
PROPOSED SUBCONTRACTORS
STOREY PARK PROJECT
CONCRETE:
CHADEZ CONCRETE
11724 EVA LANE
CALDWELL, IDAHO
LICENSE NO. 14270-A-4(9)
ASPHALT PAVING:
MASCO, INC.
5450 GOWEN ROAD
BOISE, IDAHO
LICENSE NO. 10915-AAA-1-2-3
LANDSCAPING:
HILLSIDE NURSERY
2350 HILL ROAD
BOISE, IDAHO
LICENSE NO. 10651 -AA-4
MATERIALS TESTING:
GEOTEK, INC.
320 E. CORPORATE DR., SUITE 300
MERIDIAN, IDAHO
KI
EXCAVATION
21500 MIDDLETON RD., CALDWELL, IDAHO 8360~
PHONE: 208-459-3420 FAX: 208-459-2251
STOREY PARK PROJECT
TENTAIVE SCHEDULE
JANUARY 15, 2005 TO FEBRUARY 1, 2005
DEMOLISH SITE, GRADE TO SUB GRADE AND PLACE IT RUN BASE
FEBRUARY 1, 2005 TO FEBRUARY 15, 2005
PREP FOR CONCRETE FACILITIES AND CONSTRUCT THEM
INSTALL IRRIGATION SYSTEM SLEEVES AND PIPING
FEBRUARY 15, 2005 TO MARCH 1, 2005
PLACE BASE GRAVEL IN PARKING AREAS
MARCH 1, 2005 TO MARCH 15, 2005
ASPHALT PAVING AND STRIPING
PLACE TOPSOIL AND IRRIGATION SYSTEMS
March 15, 205 to APRIL 1, 2005
COMPLETE LANDSCAPING AND SOD PLACEMENT
COMPLETE PROJECT CLOSEOUT
December 1 7, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT Ramsey Homes
VAC 04-008
December 21 , 2004
ITEM NO.
5-G
REQUEST Resolution - Request for a Vacation of a portion of the 5-foot utility easements located
on each side of the shared lot line of Lots 26 & 27, Block 1 for Lochsa Falls Subdivision No.6 -
1660 West Glade Creek
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DE?T:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Resolution
v-Y
~ 0 k/4'0~
Contacted:
EmaiJed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
( .
ADA COUNTY RECORDER J, DA~ru NAVARRO AMOUNT ,00 10
BOISE IDAHO 12130/04 10:23 AM
DE~UTY Bonnie Oberbillig 1111111111111111111111111111111111111
REqORDED-REQUEST OF 104164975
Mer~dian City
CITY OF MERIDIAN
RESOLUTION NO. tJ4 - .{- r;- 6
BY THE CITY COUNCIL:
BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION VACATING A PORTION OF THE FIVE (5) FOOT
UTILITY EASEMENT ALONG THE INTERIOR LOT LINE BETWEEN LOTS
26 AND 27, BLOCK 1 OF LOCHSA FALLS SUBDIVISION NO.6 ALONG THE
EASTERN BOUNDARY OF THE SUBDIVISION; AS FILED AND RECORDED
WITH THE ADA COUNTY RECORDER IN BOOK 88 OF PLATS, PAGES 10,
145 TO 10,146 AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 14,2004, the City Council of the City of Meridian,
held a hearing on the vacation of a portion of the five (5) foot utility easement along the
interior lot line between lots 26 & 27, Block 1 of Lochsa Falls Subdivision No.6 along
the eastern boundary of the subdivision as filed and recorded with the Ada County
Recorder in Book 88 of Plats, Pages 10,145 to 10,146; and
WHEREAS, after such hearing, the City Council, by formal motion, did approve
said described vacation; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That a portion of the five (5) foot utility easement along the interior lot
line between lots 26 & 27, Block 1 of Lochsa Falls Subdivision No.6 along the eastern
boundary of the subdivision as filed and recorded with the Ada County Recorder in Book
88 of Plats, Pages 10,145 to 10,146 is hereby vacated. Copies of the necessary
relinquishments are attached as Exhibit "A".
Section 2. That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
VACATION OF UTILITY EASEMENT / LOCHSA FALLS SUBDIVISION - Page 1 of 2
(
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this 2-t!...t. day of 4-ec.e""~ , 2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this tf ~ day of }e ~hv'~ ,2004.
ATTEST:
STATE OF IDAHO, )
)ss.
County of Ada )
On this ;J17f day of Dec-eivlber ,2004, before me, the
undersigned I a Notary Public in and for said State, personally appeared TAMMY de
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, ofthe City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
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REsniING AT: 11eridi It '"
~OMMISSION EXPIRES: Olf /;).0/ D7
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VACATION OF UTILITY EASEMENT I LOCHS A FALLS SUBDIVISION - Page 2 of 2
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Ramsey Homes
November 18, 2004
ITEM NO.
V AC 04-008
4
REQUEST Recommendation: Vacation of 0 portion of the 5.100t utility easements located on each
side of the shored lot line of Lots 26 & 27. Block 1 for Lochso Falls Subdivision No.6 -
1660 West Glade Creek
AGENCY
COMMENTS
ft t fJIWI1JLPIld Clf7Prml'4
/)2 / Dff)
~-{J
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
CITY POLlCE DEPT:
CITY FIRE DEPT:,
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CtTY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS'IRRIGATlON:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted: ~~+5
Emailed:
See attached stalt comments
No comment
See attached comments
Phone: 5tt4.Jt 1 00
.
Date: -t t ~ (l t 1J~
Sfaff Initials:
Materlab prennted at publlc meetfnGl IhaU become ~rop.rty of the Clty of Mertdfan.
MAYOR
Tammy de Wmd
CITY COUNClL MEMBERS
Keith Bird
Cbri&I:ine Dolmell
SIumn Wardle
CbarlCIJ M. RDuuIne
~~,~CITVOF
"-/VLeriditrh. .
IDAHO
CTIY HALL
(20 i) 888-4433 - Fax Si7-4813
PUBUCWORKS
BUILDING DEPARTMENT
(20&) 887-2211 - Fax 898"9S~ 1
LEGAL DEPARTMENT
(208) 46&-9271 ~ FAX 466-4<WS
MEMORANDUM:
P & Z Hearing Date: November 18,2004
To;
Mayor, City Council and Planning & Zoning Commission
Brad Hawkins-Clark, Principal City Planner
.'RECE:fVE"'~
From:
. ~' r ,. ~:1nl.
- t t r.~ ;'.1.' "1
Re:
Lochsa FaIls Subdivision No.. 6 Easement Vacation
CITY OF MERIDIAN
....'IT\f -., t:~,1I' (">r:'F1rC'.:
,j I 1.., 1 I ~ ,"\ ... I I ~ }- I
Request for Vacation ofa Portion of the Five-Foot Utility Easements Located on Lots
26 & 27, Block l~ by Ramsey Homes (File No. VAC-04-008).
We have reviewed this suhmittal and offer the following comments, as coruiitions of the Applicant.
These conditions shall be considered infull, unless expressly modified or deleted by motion of the
Meridian City Council:
APPlJCJ\TIO~"S~ ~,LOC.3.UON
The applicant, Ramsey Hom~ requests approval to vacate the recorded utility easement along the
interior lot line between Lots 26 and 2 7 ~ Block 1 of Lochs a Falls Subdivision No.6 along the eastern
boundary of the subdivision. A single family house was constructed on Lot 27 that encroached into
the platted easement. The applicant intends to relocate the side lot line to accommodate the required
si4e setback for the residence. Approval of the subject easement vacation is required prior to the lot
line adjustment being approved by the City Engineer and recorded.
Lochs! FaIls Subdivision is zoned R-4 and is looated on the west side ofN. Ten:Mile in the Section
26, TAN., a.tw.
Idaho Power. Intermountain Gas. and Qwest have submitted notarized consent for relinquishment of
the easement which the applicant has included with their application. A letter ofrelinquisbmetrt is still
needed from Cable One. The Meridian Public Works Department has no objection to the
relinquishment of the easement.
Staff has no objection to the proposed vacation.
Planning & Zoning CommissionlMayor & City Council
November 18~ 2004 (p&Z Hearing Date)
Page 2
SURRO~~G USE~
Nortb - Lochsa Falls Subdivision, zoned R-4
So-uth - Lochsa Falls Subdivision, zoned R-4
East - Paramount Subdivisio~ zoned L-O
West - Lochsa Falls Subdivision, zoned R-4.
PROCESS
The Subdivision and Development Ordinance (Title 12); Chapter 1 O~ requires the Planning & Zoning
Commission to review and make a recommendation on Vacation applications. A public hearing is then
required before the City Council
CONDffiONS OF APPROVAL
1. ApplitaDt shall obtain and submit a relinquishment of easement from Cable One to the
Planning & Zoning Department prior to the City Council public hearing.
RECOMMENDATION
Staff recommends approval of the utility easement vacation for Lochsa Falls Subdivision No.6.
r
'1 .....;4_i.~,
.-- ~c:p-. Ada County Highway District
John S. Franden, President
David E. Wynkoop 1st Vice President
Susan S. Eastlake, 2nd Vice President
Sherry R. Huber. Commissioner .'
Dave Bivens, Commissioner
3775 N. Adams Street
Garden City ID 83714-6499
Phone (208) .387-6100
FAX (208) 387-6391
E-mail: tell.".s@ACHD.ada.id.us
TO: Ramsey Homes
4605 Floating Feather Road
Eagle. Idaho 83616
SUBJECT: MVAC-04-008
Vacation of 5-foot Utility Easement
1660 West Glade Creek
November 8, 2004
RECE,IVED
I'WV 1 0 200ft
City of M~ridjaf\
City Clerk Offict'
In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed
the submitted ~pplication and site plan for the item referenced above: It has b~en determined that the
Right-of-Way and Development Services Department does not have any site specific requirements for
you at this time due to the fact that the,proposed vacation does not affect the 'transportation system.
If the site plan or use should change in the future, ACHD will review the site plan and may require
improvements to the transportation system at that time.
- A traffic impact fee may be assessed by ~CHD and will be due prior to the issuance of a building
permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding
impact fees. '
Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement
widening, driveways, culverts, ete), a permit or license agreement must be obtained from ACHD.
. .
If you have any questions, please feal free to contact me at (208) 387-6177.
.Sincerely.G2t
Andr~a N. Tuning
Planner III
Right-of-Way and Devel~pment Services. Planning Division
Cc: Project File, Construction Services, Drainage, Utilities
Lead ~gency City of Meridian
Briggs Engineering
Kent Brown
1800 West Overland Road
Boise, Idaho 83705
REVJSION : BY:
SHEET ; 1 OF 1
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VICINITY MAP
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LOCATED IN SECTION 26,
TOWNSHIP 4 NORTH, FlANGE 1 WEST. B.M.,
ADA COUNlY. IDALlO
PROPERTY LINE ADJUSTMENT
LOCHSA FALLS SUBDMSION No.6
. BRIGGS ENGINEERING, INC.
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ENGINEERS PlANNERS. SURVEYORS
1000 W. O'ImlAAO, ROAD · 00lSE. [WiD 63705 · (208)344-9700
Vlel N 11Y MAP
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RECEIVED
NOV 1 J 2004
. :f,"!i ~!", I '. City of Meridian
'1A .- '....~ L .- I1"J4I _ __ ,. .1. _ . i"1 City ~ Office
,~ & ,,~ ~/~ V~
1503 fIRST STREET SOUTH NAMPA, IDAHO 83651.4395
FAX # 208-463.0092
9.November,2004
Phone$: Area Coda 208
OfFICE: Nampo 466-7B61
SHOP: Nampa 466-0663
WilIiani,G. Berg Jr.
City Clerk
City of Meridian
33 East Idaho Ave.
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RE: V AC 04-008/Lochsa FaDs Subdivision No.6
Dear Will:
Nanipa.& Meridian Irrigation District has no comment on the above referenced
application for Vacation of a portion of the SW foot utility easements located on each side
of !he shared lot line of Lots 26 & 271 Block 1 for u,chsa Falls Subdivision No.6.
Please contact Nathan Draper with Settlers Irrigation District regarding this matter at
344-2471.
Sincerely,
,w/'~
'xoo' P. Anderson .
. Wafer Superintendent
NAMP A & MERIDIAN IRRIGATION DISTRICT
JPAldbg
c:
Board of Directors
Secrc;t:aryfTreasurer
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fax (2Q8);J4S-29~
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R.B: ~limluillhment ofB8semeDtlend ~nttO. Vscation cfB:dsfirlg'~ts II;lci!lg the lot ,line ClllDl1lOtl
to Inta26 & 27,iblack lofLoob8a.FaJls'Sal!:dMsion No.6, Boott8;,pqu ]Cl.145.~ lO,l%.
DetirTom:
We hlLVO bcm~ b)' RlI.n1RY.~:thil ~Yil* of Lot 26, D10cIt l~8Dd by lay H.eath HONetSOlllUld
Emily McrriI Ho~ tbe OW1J8D.uI;.ot 27. (SJock I, Of~8 Falls f:h!~ No.cs. 10 ~atethe
~Dnd utilliyOllJllllDllQllr~by.IlOfCIVi2'Qr$llidplat eloni-u.prntil:m offhe ~ Lina 10 Jirld lots
2(i,Qlld11, a& lbowu OCl~:Bxlst1rit..A.". fin: dlo puIp\ll:llQ ofmU~S.ai4 tWllOlQl11ine. By Sisnmg this
~ Cable..Dno U1lUiquf&1usib intlnSt in tho bcloW-de~~ eil:d~ to the'l'alrilClOllQf
stlId ~by the CitY of MerIdian..
Desqthm: '
1. COMMENcI",e AT THE WESTERl. Y CO~NE~ C()MM'ON TO LOTS 26 AND 21, $LO,OK 1.
OF lOCH8A FAl.LS SUBDIVISiON NG.6 AS RECORDED IN BOOK 88 OF PLATS.
pAGES 1'0.145 TO 10.148, ADA. COUNTY RECORDERS OFFICE. L VING iNTHE NE' 114
OF SECTION 28, TAN. R.1W..,B.M.. THE.BEGINNlNG POfNT OF,THIS DESCRlFTlON,;
$AlD EASEMENTS BSING 6 FEET IN WIDTH, TO THE RlSHT IN &AID LOT 26;AND TO
THE lEFT IN SAID LOT 27 OF'rHE FOllOWING O~R[BE[) I.,INE~ . '
'T1:iE:NCE N 5~"4iQa.' E 84.46 FEEt ALONG THE 'LINE COMMON To. LOTS 2S'ANC 21:.
BLOCK 1', TO THE ENDING POINT OF THIS OESCRtPTtON.
S1Dcaroly, ~ ~
BlUGG8iri~~INC.
Wayne K. Berber P.L.S.
BncIosUhlll: 'LaI:lbsa FaIJi SubdMalcn No.6
Bidu'bft "A"
RECr~IVEri
PllWlO i:Ilalct.Ifc this Iflulrby a-nOtarized slpamre below. &pine to fho.Vlit
Mc:rtidflll1 im Idaho COde.
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ilW~t; endacblowkdJp:~ 10 Dl8&a1be~ the same.
IN WITNESS ~~bCJ:OtU1lO eetmyhlul4llildnf2b:edmycmCia.! seal thelday:lllldyur fusl
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Machelle Hili
From:
sent:
To:
Cc:
Subject:
Brad Hawldn.clark (hawkinsb@meridlancity.org]
Tuesday, November 16, 20044:42 PM
Jessica Johnson; greent@ci.meridlan.id.us; Michelle Hili
'Bruce Freckleton (E-maIW
FW; ramsey
.
Document
.pdf
Clerk's Office,
Please include the attached relinquishment letter from Cable One in the Lochsa Falls #6 V AC
file. It is the final utility letter requested of staff in our report.
Thanks,
Brad H-C.
-----OriginaL Message-----
From: sam [mailto:sam@briggs-engineering.com]
Sent: Tuesday, November 16, 2004 9:38 AM
To: hawkinsb@meridiancity.org
Subj ect: FW: ramsey
Here is the relinquishment from Cable one.
December 1 7, 2004 AZ 04-005
MERIDIAN CITY COUNCIL MEEfING December 21,2004
APPLICANT Packard Estates Development, LLC ITEM NO. 5-J
REQUEST Development Agreement - Request for Annexation and Zoning of 5.27 acres from
RUT to R-4 zones for Packard Acres Subdivision No.3 - east of North Locust Grove Road and south
of East Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS JRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Development Agreement
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 32
BO~E IDAHO 12130/04 10:23 AM
~~q~~6E~~~~a~~~i6[~g 11111111111 {I!~ 'll~!~~11111I11111
Merrdlan City
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Packard Estates Development LLC, Owner and Developer
THIS DEVELOPMENT AG~EMENT (this <<Agreement"), is made and
entered into this ~dJ~ day of De M-~~OL-; 20041 by and between CITY OF
MERIDIAN, a municipal cOlporation of the State ofIdaho, hereafter called "CITY', and
Packard Estates Development, LLC hereinafter called "OWNER" with the provision that
Packard Estates Development, LLC is also hereinafter "DEVELOPER," .
1.
RECITALS:
1.1 WHEREAS, "OWNER" is the sole owner, in law andlor equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2 WHEREAS, I.C. S 67-651 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a wlitten commitment concerning the use
or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property1s" described in Exhibit A,
and has requested a designation of (R-4) Low Density Residential
District, (Municipal Code of the City of Meridian); and
1.5 WHEREAS1 "Developer" made representations at the public
healings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject ~'Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
DEVELOPMENT AGREEMENT (AZ-04-005) PACKARD ACRES NO.3 PAGE 1 OF 1
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 26th day of October, 2004, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings>;); and
1.8 WHEREAS, the Findings require the .'Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNERlDEVELOPER" deem it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement ~as entered into voluntarily and at its urging and requests;
and
1.9 WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the uProperty" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for annexation and zoning
designation from goverrunent subdivisions providing services within
the planning jurisdiction and from affected property owners and to
ensure annexation and zoning designation is in accordance with the
amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11 and
Title 12.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words;
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ-04-005) PACKARD ACRES NO.3
PAGE 2 OF2
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State ofIdahol whose address is 33 East Idaho Avenue,
Meridianl Idaho 83642.
3.2 "OWNERlDEVELOPER": means and refers to Packard Estates
Development, LLCl whose address is 6223 Discovery Way, Suite
120, Boise, Idaho 83705, the party developing said "Property" and
shall include any subsequent owner(s)/developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 attached hereto and by this reference incorporated herein
. as if set fort4 at length,
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian City Code Section
11-7-2 (C) which are herein specified as follows:
Construction and development of a planned development consisting
0[20 residential building lots} and one other lot 0115.27 acres, in a
proposed R-4 zolte fo}' Packard Acres No.3 Subdivision.
4.2 No change in the uses specified in tlns Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to
"City" an application for conditional use pennit, and shall be required to obtain the "City's"
approval thereof, in accordance to the City's Zoning & Development Ordinance criteria,
therein, provided, prior tOl and as a condition of, the commencement of construction of any
buildings or improvements on the "Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
"Developer" shall develop the "Property" in accordance with the following
special conditions:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
DEVELOPMENT AGREEMENT (AZ~04-005) PACKARD ACRES NO.3 PAGE 3 OF 3
follows:
1. A chain link fence along the southern border and a wood fence along the western
border as perimeter fencing may remain.
2. The existing residence shown on Lots 20 and 21, Block 5 shall be removed prior to
the issuance of any building permits within the subdivision.
3. Direct lot access to Wingate Lane is specifically prohibited and this prohibition shall
be referenced in the subdivision's Covenants, Conditions and Restrictions.
4. Developer shall deposit the SlUU of $8,000 into a fund for use by the Wingate Lane
User's Association for the construction of a gate across Wingate Lane. If substantial
completion of the gate is not completed within one year from the execution of the
deposit, the entire fund balance of$8,000 shall revert back to the developer.
5. Developer shall have their attorney draw up a release of dominant parcel interest in
the private lane easement and record it prior to signature of the final plat. Also,
provide a recorded copy of deed restrictions to prohibit access to Wingate Lane and
forbid gates from adjoining lots or removal of permanent fencing on these lots prior
to applying for building permits.
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
1. A condition of this DA shall be that the applicant participates in any road
infrastructure agreements in the North Meridian Planning Area negotiated with
ACHD and shall faithfully perfonn the terms of such agreement or agreements.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. All irrigation ditches I laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City
Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. [flateral users
association approval can't be obtained, plans will be reviewed and approved by the
Meridian City Engineer prior to final plat signature.
DEVELOPMENT AGREEMENT (AZ-04-005) PACKARD ACRES NO.3
PAGE40F4
~
4. Any future subdivision, planned development. uses and construction shall comply
with the City of Meridian ordinances in effect at the time.
C. Adopt the ACHD conditions listed in their report which report lists required site-
specific requirements, conditions of approval and street improvements.
D. Comply with aU the conditions in the corresponding applications in this matter,
Annexation and Zoning AZ-04-005 and Preliminary Plat, PP-04-006.
E. Adopt the action of the City Council taken at their November 2, 2004 meeting as
follows:
For clarification:
1. Packard Estates Developmentl LLC shall deposit the sum of $8000 into a
fund for use by the Wingate Lane User's Association for the construction of a
gate across Wingate Lane. If substantial completion of the gate :is not
completed within year from the execution ofthe deposit, the entire balance of
$8000 shall revert back to the developer_
7. COMPLIANCE PERIODI CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default ofthe "Owner" andlor "Developer" or "Owner" andlor "Developer's" heirs,
successorsl assigns I to comply with Section 6 entitled "Conditions Governing Development"
of subject "Property" of this agreement within two years of the date this Agreement is
effective, and after the "City" has complied with the notice and hearing procedures as
outlined in I.C. g 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"OwnerlDeveloper" consent upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned upon the
following conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "Owner}
DEVELOPMENT AGREEMENT (AZ-04-00S) PACKARD ACRES NO.3
PAGE 5 OF 5
"Developer" fails to cure such failure within six (6) months of such
notice.
9. INSPECTION: "Owner/Developer" shall, inunediately upon completion of
any portion or the entirety of said development of the ~'Property" as required by this
agreement or by City ordinance or policy, notifY the City Engineer and request the City
Engineerls inspections and written approval of such completed improvements or portion
thereofin accordance with the terms and conditions oftrus Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns~ or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City'l upon compliance with the
requirements ofthe Zoning Ordinance.
10.2 A waiver by "City" of any default by "OwnerlDeveloper" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
.'Developer's" cost~ and submit proofof such recording to "OwnerlDeveloper", prior to the
third reading of the Meridian Zoning Ordinance in connection with the annexation and
zoning of the "Property" by the City Council. If for any reason after such recordation, the
City Council fails to adopt the ordinance in connection with the annexation and zoning ofthe
"Property" contemplated herebYl the "City" shall execute and record an appropriate
instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either '.City" or "OwnerlDeveloper", or by any successor or successors in title
or by the assigns ofthe parties hereto. Enforcement may be sought by an appropriate action
DEVELOPMENT AGREEMENT (AZ-04-005) PACKARD ACRES NO.3
PAGE 6 OF 6
at law or in equity to secure the specific performance of the covenantsl agreements,
conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer' shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity I then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
13.2 In the event the perfonnance of any covenant to be performed
hereunder by either "Owner" and/or "Developer" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such perfonnance shall be extended by the amount of time of
such delay.
]4. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code ~ 12-5-3, to insure that installation ofthe improvements,
which the "Owner" andlor "Developer" agrees to provide, if required by the "City",
15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner" and/or "Developer" have entered into an addendum
agreement stating when the improvements will be completed in a phased developed; and in
any event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation Ifthe owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances ofthe City of Meridian.
DEVELOPMENT AGREEMENT (AZ~04~005) PACKARD ACRES NO.3
PAGE70F7
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail) postage prepaid) return receipt
requested, addressed as follows:
CITY:
OWNERJDEVELOPER:
clo City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Packard Estates Developmentl LLC
6223 Discovery Way, Suite 120
Boise, Idaho 83705
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridianl ID 83642
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
detennined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto aelmowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the fail ure to timely perform any ofthe obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perfoon.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner" and lor "Developer" ofthe "Property'\ each
subsequent owner and any other person acquiring an interest in the "Property", Nothing
DEVELOPMENT AGREEMENT (AZ-04-005) PACKARD ACRES NO. 3 PAGE 8 OF 8
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owner/Developer", to execute
appropriate and recordable evidence ofterrnination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner/Developer" has fully performed its
obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets fortb all promises,
inducements, agreements, condition and understandings between ((Owner/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"OwnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing development of
the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in cOlmection with tbe annexation and zoning of the <<Property" and execution of
the Mayor and City Clerk.
24.
ACKNOWLEDGEMENTS:
IN WITNESS WHEREOF I the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERJDEVELOPER:
DEVELOPMENT AGREEMENT (AZ-04-005) PACKARD ACRES NO.3
PAGE 9 OF9
BY;
/<-v
'-"
Attest:
BY:
CITY OF MERIDIAN
Attest:
12-Z/-o4-
STATE OF IDAHO )
: S5
COUNTY OF ADA )
17 .51
On this 0(1
2004, before me, a Notary Public, e soually appeared ~
known or identified to me to be the f2;1t. "f7, , of PACKARD
ESTATES DEVELOPMENT, LLC, and t e pe on who executed the instrument and
acknowledged t~ me that he/she have executed the same 0 behalf of said limited liability
.~_.~ I
corpor~ C y ""'##'" ('
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(SE\~ Oao lJBL\cj I ---/ Notary Public fO..rI.dah. 0 IO/~OY
\.,,-1 )>~a.o.....o. ~ 0 :<o,l Residing at; !f?:rt9-t x_ 1 r
'"'''' OF IO ~ """""
DEVELOP~Ml{tiA~EMENT {AZ-04-005} PACKARD ACRES NO.3 PAGE 10 OF 10
Commission expires:
STATE OF IDAHO )
: 5S
County of Ada )
On this c2l H day of Dee e WI be r , in the year 2004, before
me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know
or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said Cityl and
acknowledged to me that such City executed the same.
(SEAL)
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ResidIng at: Mer-il/fl.t.-,
I Copftnission expires: ()1.{/;;LO/t>7
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DEVELOPMENT AGREEMENT (AZ-03-027)
PAGE II OF II
Project No.: 2427
Date: February 13, 2004
Revised: June 15, 2004
JUN 2 9 2004
MERIDIAN PUBLIC
WORKS DEPT,
DESCRIPTION OF
PACKARD ACRES SUBDIVISION No.3
A parcel of land being a resubdivision of Lot 10 of Block 5 of Packard Acres
Subdivision No.2 as on file in Book 85 of Plats at Pages 9502 and 9503 in the Office of
the Recorder for Ada County, Idaho and a portion ofthe SE 114 ofthe NW 114 of Section
5, T.3N., RIB., B.M., Meridi~ Ada County, Idaho, said parcel being more particularly
described as follows:
COMME1\r(:ING at an iron pin marking .the North 1/4 corner of said Section 5,
thence along the North-South center of section line of said Section 5
South 0002T~2'' West 192;3.39 feet to a brass cap marking the Northeast comer
of said Lot 10, s~~d.,point also beirigthe POINT OF BEGINNING; thence continuing
South 00027'32)~.,West 35.3.47 feet to an iron pin marking theSoutheast corner of
th<i North 1/2 otthe South 1/2 'o"fthe SE 1/4 ofthe,NW 1/4 of said Section 5; thence
along the South line-'ofsiid North':l/2 ofthe'Soutli'1/2oftheSE 1/4ofthe'NW 1/4
' -,:,. ~.. .~-'-. '.,..,'.,. ..,"~.",:..'I.L'.~:_....,._ . _'. oc-~
:',. North. ,~9~~:T9?:':r.~est .?7.~..8:? :I~~t~g.:'~kpg pin :~~ the ~* ~t? of Chateau
M~~dows~@~~~9:(l~~,~.'pn fill?,;,~ ,!g,e';g~9.~;.gBt;I:1~:.Recorder for Ada County, Idaho;
.~ theiice mon "said'East line 'ofChateat(lvf~tido:\;\~'sE#t No., 8,;
',,' '," . . g.:.,,"...,. U", ,"' .,', ".',.",.', "'-""<f'""'(''''''''-':'''.''' "". c' ",
"~i.i,,:',~~;,North:OQ~26~46~?East 3:1.L82 feeUo an iiQli"pfu on the'South line of said Packard
:Acre's 'Subdivi~laIi?&o::~HtheIic'e''@6nglilid S'6~tl1tili.~ ~: ;)7:"""~ n,: _, . i<;:". '
i'::':' South 89035>39'.~.East 158.56 feet to':fn itchi pm~marking the Southwest corner of
. ',' ",-' - ."",,'. _".:.,1.. "t".'. ' ." ~';,." ".., .".1 ';". """ "
,;said Lot ,I 0; thehce'~lloIig the 1'Jofflterly line of satd Lot 10 along the arc of a curve to the "
rightJ1avim~ a.radius of20 OO'feet; a central angle of 70054'57)), a length of24.75 feet
and a long chord that bears _ . '_ ". .
- North 54058'55;: East 23.20 fe.~t to an irqnpin marking a point of tangent; thence
continuing !'.":"'-z'" c" ._;.<....~< '.' . .
, So:uth89~~3 ~.3r East~~5-?7 Jeet to an ir~1l pin rparking a point of ctlr:Ve; thence
continuing along the arc' of curve to the left having a radius of 125.00 feet, a central angle
of 05041 '11", a lengrh of 12.41, feet ana a long chord that bears
, . 'N~rth~?~35'48:tEaSfi'2.40 feet"~o .~ iron pin marking a point of tangent; thence
continuing, !;,::,~,: ,:.:~~:: .;~t.&;:.: 'iJ'~~ . .~:; '-:.:. . .
. ,:"::"'}J'~~h;1.i11~~}t~J~)~3;,F?~~6.5 feet t?)~~ ~?I?; p~, ~king.a ?9~t of curvature;
. ., ;.;thenc~'.:c,QJlttP:~lWg~~J9J].g:th~ ~?I'c .:Qf~ .curve .jo:.th~.pghtJlaymg ar?d1U.~,of ,75.00. feet, a
. ~:';:~~~!$~-nt~~i::~]~~.' hiF"YH~'iS:" opn~r.!Y,,0504~.'~Ji")}~~~!e~gtJtpf;.7A1- feer:Mid'a'lp,ng'd1()id '.
.. ~. ~:{:~~ iJia:t b~'if~{ff.,J;~ '?:~;i~ ;1ft,1~~'i .. fi:f~". ;'2!)~;~~f1"~t~~;~::if, t:'t :,:~'. T ,~:;";~~<:~m;'; 'YM i: ';:;,~~~:" " .'
.,>.~:,\j;;\::(t1~N6fth~87;?35 ~3 6~,:~E~st7 .43;?f.ci~t (ionii~dy tf~itK"8iC:3 5' 48" E~t'7!ii4 i;cit)"fci the
.;!~~,2~t~Jjf""'''''''''G':i~~tL~*~jj~&1~'(;,:' ~'~ ,',~E: ,"W: ~,i.r:,~t(fr:-
','-' "., "';:' "::~T ~;}~~:;'Said,PaFcefofLanifCODtaiiis5.2i.Acres;'nlii~~'or'iess.
: ~:;:';';r.. :;.l~t:i1~1K;:'--. I_~t.r;::~:~, .,,~.::.~,;:~-.;.:.!t{:..: ~:~" ..... .' _~'..<~> " ',. _~_:" . ,:.
:.;'u~;;i~~~~,~_,':,,+J~f~I~~~:';;0~{f':';;";;, " , " ' ','
J~ ~I~":""i'.
Ex hib,f f3 '- !'ldl'n.q.( tJ{ Fact 411 d (oj;:~k.J/ItnJ #1 t~bJ
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of the Annexation and Zoning of 5.27 Acres from RUT to R4 Zones and a
Request for Preliminary Plat Approval of Twenty (20) Building Lo~ and One (1) Other
l&t on 5.27 Acres in a Proposed R~4 Zone for Pacliard Acres No. 3' Subdivision, by
Packard Estates Development, LLC
Case No(s).: AZ-04-005, PP-04-006
For tbe ~ity Council Hearing Date of: October 12, 2004
A. Findings of Fact
L Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearingl the first publication appearing and written notice
mailed to property owners or purchasers of record vvithin three hundred feet (300 J)
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code &67-
6509.
The matter was duly considered by the City Council at the October 12, 2004 public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction ofthe City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Plaruting and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City COlmcil. On May 18,
2004, the City Council remanded both applications to the P&Z Commission. On
September 16, 2004, the Commission made a second set of recommendations to the
City Council.
d. On October 12. 2004, the City Council heard and took oral and written testimony
and duly considered the evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth inGIdaho Code ~67-6509, 6512, and Meridian City Code ~.9 11-15-5 and 11-17-5 as
CITY OF MERlDlAN FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-005, PP-04-006 . PAGE 1 of 4
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staffreport.
3. AppliCation and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject appIication(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Packard Estates Development, LLC.
4. Required Findings per Zoning and Subdivision Ordinance
a See Exhibit G and H for the findings required for each type of application.
B. Conclusions of Law
1. The City of Meridian shall. exercise the powers conferred upon it by the uLocal Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.e. ~67-
6503 ).
2. The Meridian City Council takes judicial notice ofits Zoning, Subdivision and
Development Ordinances co~ifi.ed at TiUes 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Mericlian has~ by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian I which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pur:suant to Meridian City Code
~ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City ofMelidian planning jurisdiction.
S. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Deoision~ which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit Al the Preliminary Plat
dated 07..22-04 as shown in ExhibitB and the Conditions of Approval in Exhibits C
and D. The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval oithe applications.
C. Decision and Order
CITY OF MERIDJAN FINDINGS OF FACT, CONCLusrONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-005. PP-{}4-006 ~PAGE2 of4
Pursuant to the City Council's authority as provided.m Meridian City Code ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
is hereby conditionally approved; and
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval (Jf final plat; the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Tald.ngs Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003,. the Owner may
request a regulatory taking analysis. Such request must be in writingl and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed,
2. Please tal(e notice that this is a final action of the governing body ofllie City of
Meridian. pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek ajudicial review as provided by Chapter 52, Title 671 Idaho
Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat
Exhibit C: Annexation and Zoning Conditions of Approval
Exhibit D: Preliminary Plat Conditions of Approval
Exhibit E: ACHD Conditions of Approvat
Exhibit F: Central District Health Department Conditions of Approval
Exhibit G: Annexation and Zoning Findings
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC1SlON & ORDER
CASE NO(S). AUl4-00S, PP-04-006 - PAGE 3. of 4
Exhibit H: Preliminary Plat Findings
By action Q the City Council at its regular meeting held on the 2,6 "..fA day of
J- 2004.
COUNCIL :MEMBER SHAUN WARDLE
VOTED ~
VOTED /l1F~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED ~
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
-----.
Attest:
and City Attorney.
By:WJ\IIffi..J
. ity Clerk
Dated:i\ . J -04 '
eIlY OFMERIDlAN FJNOJNOS OF FACT, CONCLUSIONS OF LAW AND DECISION &. ORDER
CASE NO(S). AZ-04-005. PP~[}4..006 - PAGE 4 of 4
EXHIBIT A
IP@@[M @@[PW
Legal Description
Project No.: 2421
Date: FebruaJy 13~ 2004
Revised: JU1J.e.15. 2004
- DESCRIPTION OF
PACKARD ACRES SUBDMSION No. 3
A parcel of land being a resubdivision of Lot 10 of B1nllk 5 of Paclrn.rd Acres
SUbdivision No.2 as on file in Book 85 ofPIata at Pages 9502 and 9503 In 'the Office of
the Recorder fur Ada ColIllly. Idaho and II portion oftbc BE (/4 of1ht: NW 114 of Section
S, T.3N.. R.IE.. 80M.. Meridian. Ada Coumy. Idaho. said parcel being more particularly
described as fullows:
COMM.BNCiNG at an iron pin. markiiig the North 1/4 COmet of said Secililn 5,
~ along tho North-South center oisectiol:llinr: of3aid Sc:ctioa 5
Soll1b. 0002T3Z'" West 1923.39 fi:et tn a b:ress cap nIl3tking the Northeast comer
ofsaId Lot 10. said point tdllo ~.tlm POINT OF BIW~q: tb;ence COl1tinuing
South OO~rS2" West3S~.47 feet to on honpin mraldns the Southe\lSf corner of
the Norlh 112 of UJ,e Sc\ith 1Il of the SB 1/4 of ~ NW 1I4 of said Section S; 1lwt<:e
along tIle South ... ,j$lNorth tl20fthe South 112 oftJu:l'SB 114 of the NW 114
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EXHIBIT B
See Attached Preliminary Plat
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EXHIBIT C
Annexation and Zoning
Packard Acres No.3-Subdivision
. (File AZ-{t4-005)
The City Council of the City of Meridian hereby approves the requested Annexation and
. Zoning as requested by the Applicant for the property described in the application,
subject to the following:
1. The legal description submitted with the application (dated 6-15-04, stamped by
David N. Marks) shows the property as contiguous to the existing corporate boundary
of th~ City of Meridian.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-
domestic p\lIPoses such as landscape irrigation.
3. All irrigation ditches, laterals. or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City
Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district) or lateral users association (ditch owners)) with written
approval or non-approval submitted to the Public Works Department. If lateral users
association approval can't be obtained, plans win be reviewed and approved by the
Meridian City Engineer prior to final plat signature.
4. Any future subdivision, uses and construction on this property shall comply with the
City of Meridian ordinances in effect at the time.
5. Prior to annexation. a Development Agreement shall be entered into between Packard
Estates Development LLC and the City of Meridian. Said agreement shall include a
condition that the developer deposit the sum of $KOOO into a fund for use bv the
Wingate Lane User's Association for the construction of a gate across Wingate Lane.
If substantial comnletion of the gate is not completed within one year from the
execution of the deposit. the entire fund balance of $8.000 shall revert back to the
developer.
EXHIBIT D
Preliminary Plat
Packard Acres Subdivision No.3
(File PP~04-006)
Site Specific Conditions of Apuroval
1. Applicant has provided a chainlink fence along the southern border and a wood
fence along the western border as perimeter fencing and these fences may remain.
2. The existing residence shown on Lots 20 and 21, Block 5 shall be removed prior
to the issuance of any building permits within the subdivision.
3. If the subject application is approvedl the following conditions shall be placed on
the final plat:
a. Direct lot access to Wingate Lane is specifically prohibited and this
prohibition shall be referenced in the subdivision's Covenants. Conditions
& Restrictions.
b. Prior to annexation. a Development Agreement shall be entered into
between Packard Estates Development. LLC and the City of Meridian.
Said agreement shall include a condition that the developer deposit the
sum of$8~OOO into a fund for'use by the Winl!ate Lane User's Association
for the construction of a gate across Wingate Lane. If substantial
completion of the f!'ste is not completed within one vear from the
ex.ecution of the deposit. the entire fund balance of $8.000 shall revert
back to the developer.
c. The developer shall have their attorney draw up a release of dominant
parcel interest in the private lane easement and record it prior to signature
on the final plat. Alsol provide a recorded copy of deed restrictions to
prohibit access to Wingate Lane and forbid gates from adjoining lots or
removal of permanent fencing on these lots prior to applying for building
pennits.
4. Apennanent fence matching the existing Packard Acres No.2 materials shall be
constructed by the developer on the western boundary of the Wingate Lane
private road easement.
5. Lot 16, Block 1 shall be free of "wet ponds" or other'such nuisances. All
stormwater detention facilities incorporated into the required open space are
subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as
depicted on the submitted landscape plans.
6. Please submit any up-to~date groundwater monitoring data to the Public Warks
Department for review. All drainage areas (detention/retention basins) must be
designed to ensure that water will percolate or discharge within a period of time
not to exceed 24 hours for all storms up to and including a 1 DO-year storm event.
Side slopes within drainage areas shall not exceed 3:1. The project engineer
should pay close attention to the results of field studies determining the
groundwater, soil type & and characteristics during the design and construction
phases. The engineer shall be required to certify that the street centerline
elevations are set a minimum of 3-feet above the highest established nonnal
groundwater elevation. This is to ensure that the bottom elevation of the crawl
spaces of homes is at least I-foot above groundwater.
7. Sanitary sewer service to this site shall be via main line extensions from an
existing main installed adjacent to the property. The applicant will be
responsible to construct sewer mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide seIVice.
8. Domestic water service to. this site shall be via main line extensions fram mains
installed adjacent to the property. The applicant will be responsible to construct
water mains to and through this proposed development Sqbdivision designer to
coordinate main sizing and routing with the Public Works Department. Applicant
shall execute City of Meridian standard forms of easementsl for any mains that
are required to. provide service.
9. The applicant has not indicated who will own and operate the pressurized
irrigation system within this development. Underground year-round pressurized
irrigation must be provided to all lots within tbis development. The City of
Meridian requires that pressurized. irrigation systems be supplied by a year-round
source of water. If the pressurized irrigation system within this development is to
remain a private homeowners' association system, complete plans and
specifications shall be reviewed by the Public Works Department as part of the
dev<.llopment plan review process. A draft copy of the pressurized irrigation
system O&M manual shall be submitted prior to plan approval. The Applicant
shall be required to utilize any existing surface or well water for the primary
source. If a surface or well source is not availablel a single-point connection to
the culinary water system shall be required. If a single~point connection is
utilized, the developer shall be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the City Engineer.
Standard Conditions of Approval (Preliminary Plat)
1. AU grading of the site shall be performed in conformance "With MCC 11-12-3H.
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13~1O-8.
J
3. Please submit with the final plat application a copy of the Ada COWlty Street
Name Conunitteels approva1letter for the subdivision name, and the lot and block
numbering. Make any corrections necessary to conform. '
4. A letter of credit or cash surety in the amount of 11 0% will be required for all
fencing, landscaping~ pressurized inigatioll; sanitary sewer, water, etc., prior to
City Engineer signature on the final plat.
5. A detailed landscape and fencing plan, in compliance 'with the landscape and
subdivision ordinance, shall be submitted for the subdivision with the final plat
application.
6. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
7. One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections andlor fire
hydrants. Final design locations and quantity are detennined after power designs
are completed by Idaho Power Company. The street light oontractor shall obtain
design and permit from the Public Works Department prior Commencing
installations.
8. Any tree over 4~1 in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated. .
9. Any existing domestic wells and/or septic systems within tlp.s project willllave to
be removed from their domestic service per City Ordinance Section 9~ 1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
10. Compaction test results must be submitted to the Meridian Building Dep.art:ment
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
11. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a millimum of three
feet above the highest established normal gro1.U1dwater elevation.
Meridian Fire Department Conditions of ApJ)roval
1. One and two family dwellings will require a fire-flow of 1,000 gall()tlS per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall
bepl~ced an average of 400' apart. International Fire Code ,Appendix D
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a Fire Hydrants shall have the 4 WI outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works. spec.
. d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within 1O?
3. All entrance and internal roads shall have a turning radius of 28' inside and 48' ,
outside.
4. Operational fire hydrants and temporary or permanent street signs are requited
before combustible construction begins.
EXHIBIT E
Ada County Highway District
Conditions of Approval
Packard Acres Subdivision No.3
(File PP-04*OO(j)
A. Site Specific Conditions of Approval
1. Construct the intemallocal roadways (E. Meadowgrass Street and N. Devlin
Avenue) as 36-foot street sections with curb~ gutter, and 5-foot concrete sidewalk
within SOMfeet of right ..of-way.
2. Extend E. Meadowsgrass Street into the site across the private road easement for
Wingate Lane at the east property line.
3. Extend N. Devlin Avenue at the north. property line into the site.
4. Construct N. Devlin Avenue as a stub street to the 5-acre parcel adjacent to the
souib of the site. Install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE."
5. Pave Wingate Lane at its intersections with E. Meadowgrass Street and E. Challis
Street its full width and at least 30-feet beyond the edge of the concrete sidewalks.
6. Comply with all Standard Conditions of Approval.
.8. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated 'With improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed developmeri.t. Contact
Construction Services at 387~6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387~6258 (with. file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
< 7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right.of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction..
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative ofllie Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all roles.
regulations, ordinances, plans~ or other regulatory and legal restrictions. in fon;e at
the time fue applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sougb.t.
EXHIBIT F
Central District Health District
Conditions of Approval
.PackfJrd Acres Subdivision No.3
(File PP-04-006)
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare. Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation.
EXHmIT G
The City Council hereby approves the following analysis of required findings by staff:
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the P&Z Commission and Council are required "to review the'
particular facts and circumstances of each proposed zoning amendment in terms of the
. following standards and shall find adequate evidence answering tJ,e following questions
about the proposed zoning amendment. "
Thejollowingis the list of standards found in 11-15-11 and anaLrsis bY8tajJ:
A. Will the new Z6ning be harmonious with and in accordance with the
Comprehensive Plan and, if not~ bas there been an application for a
Comprehensive Plan amendment;
Staff finds that the proposed zoning designation, R-4, is harmonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the land to be Medium Density Residential. There is a minimum target
density of three (3) duJacre in the Comprehensive Plan and Packard Acres No. 3'8
gross density is 3.49 du/acre. In addition, Chapter VII of 1Jle Plan encourages
infill development and the connectivity of subdivisions~ which this subdivision
accomplishes.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Staff does not anticipate that the applicant intends to rezone the subject property
in the future. Besides the 5-acre, undeveloped parcel to the south (owned by the
SharpS)1 there are several large, 1U1developed county parcels to the north of the
site on the south side of Us tick Road, Rezone applications are anticipated on these
parcels in the future.
c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the lteW zoning -for example, a
residential area turning into a commercial area by means of conditional use
perndts; .
Staff finds that the proposed single family residential subdivision would be
allowed within the requested zoning district of R-4, The accompanying
preliminary plat demonstrates the land will be developed in lot sizes, housing
types and other dimensional requirements that confonn to the new zoning.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
Staff finds that the land directly north) west and east of the subject property is
annexed and constructed similar to the proposed subdivision (packard Acres and
Chateau Meadows East subdivisions). The majority of the subject section (TIN)
RIE~ 5) is designated for residential development similar tQ the'proposed project.
Staff finds there is adequate public street infrastructure, emergency access and
other municipal services to serve this infill site. The proposed number of new
units (20) :is not anticipated to create a demand that the existing infrastructure
cannot handle.
E. Will the propo.sed uses be designed, constructe~ operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not ~hange the
essential character of the same area;
Staff finds that the proposed single family residential use will have same change
impact on the existing character of the adjacent county parcel to the south. The
intended character of the subject parcel and the immediate vicinity is low to
medium density Iesidential uses. The proposed use conforms with the Future
Land Use Map. The design and density conforms to the Comprehensive Plan
policies. To avoid street m.aintenance problems due to gravel being tracked onto
the roadway~ ACHD is requiring the applicant to pave Wingate Lane at its
intersections with E. Meadowgrass Street and E. Challis Street its fun width and
at least 30~feet beyond the edge of the concrete sidewalks.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighbDring uses;
The Commission and Council should rely on public testimony (oral and written)
to detennine whether or not the proposed uses will be disturbing or hazardous to
the existinJ?; or future neighboring uses.
Staff does not anticipate that the proposed residential uses will be hazardous as
long as construction traffic and house construction is conducted in a manner
consistent with Meridian City Code.
G. Will the area be served adequately by essential public facilities and services
such as bighways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment sbaU be able to provide
adequately any of sueh services;
Staff fmds that the property to be annexed will or can be served adequately by
essential public facilities and services if all conditions of approval are met by the
applicant. All public streets that can be extended into the property are proposed to
be extended and utilized. The applicant will be required to ex.tend water and sewer
lines to and through the proposed development, thereby making them available to
the undeveloped property to the south. The applicant and/or future property
owners will be required to pay park and highway impact fees as well as construct
on~site storm water drainage facilities.
Please review ACHD~ Police and the Fire Department's conunents concerning
this subdivision for further information regarding public services and facilities,
H. Will not ereate excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the ~C1)nomic welfare of
the community;
Staff finds that there will not be excessive additional requirements at public cost
for public services and facilities~ if the applicant complies with the conditions of
approval for the accompanying conditional use permit and preliminary plat
applications.
t. Will the proposed uses not involve uses, activjfies~ processes~ materinls~
equipment and conditions of operation that will be detrime~tal to any
persons, property or the,general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Staff recognizes that traffic and noise will increase upon build-out of the proposed
subdivision. ACHD projects the development will generate 200 additional vehicle
trips per day. However, staff does not feel that the amount generated will be
detrimental to the public welfare if all City and ACHD conditions of approval are
met.
Staff finds that the proposed subdivision will not involve uses that would create
oth.er nuisances that would be detrimental to the general welfare of the
surrounding area.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
Staff finds that the applicant's companion preliminary plat demonstrates the
vehicular approaches and public streets will be designed 'in a logical and safe
manner. [n addition I the ACHD Commission approved the preliminary plat
application and the proposed vehicular approaches/access points. The
Commission and COWlcil should review ACHD comments concerning vehicular
approaches and traffic generation.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Staff:finds that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and rezone. Any existing trees larger than
4~' caliper that are removed shall be mitigated for, per th~ Landscape Ordinance.
L. Is the prQPosed zoning amendment in the best inter~st of the City of
Meridian. (Ord. 592~ 11-17-1992)1
Staff finds that all essential services are available or will be provided by the
developer to the subj ect property and will not require unreasonable expenditure of
public funds. The applicant is proposing to develop the land in substantial
compliance with the City's comprehensive plan (medium density residential) and
infill policies/goals. The land east, west and north of the subject property has
already been annexed and this is a logical expansion of existing zoning and land
uses.
EXHIBITH
The City Council hereby approves the following analysis of required findings by staff:
PRELIMINARY PLAT FINDINGS AND REQUIREMENTS
Sections 12-3"3 J.2 and 12-3-5 D read as follows: "In detennining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title
and at least the following:
a. The conformance of the subdivision with the Comprehensive
Development Plan;
Stafffinds that the proposed application is in substantial compliance with the
adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The
proposed density, 3.79 du/acre (gross), is in compliance with the land use
classification, medium density residential, noted on the map.
b. The availability of public services to accommodate the proposed
development;
Staff finds that public services are available to accommodate the proposed
development. (See the findings under "Annexation and Zoning" for more detail.)
c. The continuity of the proposed development. with the capital
improvement program;
Staff finds that the subdivision will not require the expenditure of capital
improvement funds.
d. The public rmandal capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the
public service providers (i.e. police, fire, ACHD, etc) to determine this finding.
e. The other health, safety or environmental problems that may be brought
to the Commission's attention.
Staff finds that there are no other health, safety or enviromriental problems
associated with the proposed development
December 1 7, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
December 21, 2004
ITEM NO.
5-L
REQUEST Agreement for Hookup to the City of Meridian Sewer I Water System Outside City
Limits - Robinson I Hambley
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
.r;r(f)~
/i1fv
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Cit;':~f:Meriili~n"",: ," ",,"';:",
'e~tilic VVO~S, BeRI. ;', ,", ,', ':,
? ", ??', '? ? . ,. ? ,
ECE
Mem
To: Mayor De Weerd & City Council
From: Brad Watson, P.E.
CC: File, City Clerk
Date: 12/16/04
Re: December 21, 2004 City Council Meeting Agenda Item
The Public Works Department requests that the item below be considered on December 21
City Council agenda, under Consent Agenda, for Council's consideration:
Aareement for Hookup to the City of Meridian SeweriWater Svstem Outside Citv Limits -
Robinson/Hamblev
Bonnie Robinson and Judy Hambley own a single-family residence at 715 Wells Street.
Their septic system is failing and they requested connection to the Five Mile Trunk that runs
through a comer of their property. As allowed by ordinance, I approved the sewer connection
and asked staff to prepare the Hookup Agreement. The agreement transmitted to Ms.
Robinson and Ms. Hambley, however, was crafted in such a way that it requires Council
approval. Therefore, I am bringing it before you for formal approval.
As a side note, Ms. Robinson and Ms. Hambley contend that the City promised them a ''free
hookup" to the sewer in exchange for them granting the City an easement in 1994. I
forwarded copies of the easement agreement to Bill Nary for review. Nothing I see within the
easement or an April 21, 1994 letter to Ms. Hambley from Mayor Kingsford explicitly indicates
this connection would be free. They have paid the connection fee "under protest."
Copies of the Hookup Agreement, sewer easement agreement, Mayor Kingsford's letter, and
Ms. Robinson and Ms. Hambley's November 22, 2004 letter are attached.
Recommended Council Action: Approve the Agreement for Hookup to the City of
Meridian SewerJWater System Outside City Limits between Bonnie Robinson/Judy
Hambley and the City of Meridian, and authorize the Mayor to sign and City Clerk to
attest.
Thank you,
/~
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERIW ATER
SYSTEM OUTSIDE THE CITY LIMITS
4 THIS AGREEMENT is made and entered into this _ day of ,
200)1, by and between CITY OF MERIDIAN, a Municipal corporation of the State ofIdaho,
hereinafter referred to as "CITY", and Bonnie Robinson and Judy Hambley, as hereinafter
defined and hereinafter referred to as "SEWERJW A TER USER".
1.
RECITALS:
1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in
equity of certain tract ofland in the County of Ada, State ofIdaho,
described in Exhibit "A", which is attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referr:edto as the
"Property"; and
1.2 WHEREAS, Idaho Code 950-323, provides and empowers cities to
establish, create, develop, maintain and operate SewerfWater systems; and
1.3 WHEREAS, "City" operates and maintains and develops as SewerfWater
system; and
1.4 WHEREAS, the "City" has enacted an ordinance governing its
Sewer/Water system codified in Meridian City Code S 9-4-26 and 9-1-16;
and
1.5 WHEREAS, the "SewerlWater User" is the owner of "Real Property"
hereinafter described which is presently located outside of the city limits
ofth~ "CIty"; and
1.6 WHEREAS, the "SewerlWater User" is desirous of obtaining connection
to the Sewer/Water to serve the "Real Property" and the "City" is willing
to provide that connection to the Sewer/Water service t6 the "Sewer/Water
User" subject to the terms and conditions ~d consideration of this
agreement, and it is specifically agreed that as a specific consideration of
the "City's" willingness to enter into tllls agreement that the "City's"
"Ordinance" and "Policy/Regulations" whichgovem its Sewer/Water
system be included as terms and conditions of this agreement and that the
"Sewer/Water User" provide perpetual consent to annexation of the "Real
Property" in to the "City".
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-1
2.
DEFINITIONS:
For all purposes of this agreement the following words, terms, and phrases herein
contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires othelWise:
2.1 "City": means and refers to the City of Meridian, County of Ada, State of
Idaho.
2.2 "Sewer/Water User": means and shall refer to and/or the person who is
the owner of the real property.
2.3 "Real Property": means and shall refer to certain parcel(s) ofreal
property located in the County of Ada, City of Meridian as described in
Exhibit "A", attached hereto and by this reference incorporated herein as if
set forth at length together with improvements thereon.
2.4 "Ordinance": means and shall refer to the City=s ordinances that
appertain to the regulation and control and use of its SewerfWater system
presently at Meridian City Code S 9-4-26 and 9-1-16, and this definition
specifically includes any prospective amendments and/or recodifications
to said ordinance or any parts thereof, and shall also refer to any other
ordinance ofthe City of Meridian governing the "SewerlWater System".
2.5 "Policy/Regulations": means and shall refer to any City Council enacted
policy and/or regulation of its SewerlWater system,
2.6 "SewerlWater System": m~ans and shall refer to the City=s SewerlWater
system.
NOW THEREFORE, in consideration of the covenants and conditions set forth
herein, "the parties agree as follows:
3.
INCORPORATION OF RECITALS:
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
4.
PROVISION OF SEWERlWATER HOOKUP SERVICE:
The "City" agrees to provide a connection to .the "SewerfW ater System" to service
the "Real Property" subject to the terms and conditions of this Agreement.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWERjW ATER SYSTEM OUTSIDE THE CITY LIMITS
-2
5.
CONDITIQNS AND REQUIREMENTS OF SKWERIW ATER USER FOR
THE HOOKUP OF THE SEWERJWATER LINE TO THE REAL
PROPERTY:
The hookup and assessment costs relative to the "SewerlW ater System"
connection shall be the responsibility of the "SewerlWater User".
Additionally, the "SewerlWater User" shall be required to hook up to the City
water service upon availability within the time frame as specified within Meridian City Code.
6.
ORDINANCE APPLICATION:
The "Ordinance" and "PolicyIRegulations" apply to the SewerlWater service and
connection and are herein incorporated as specific terms of this agreement and at such time or
times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this
agreement is automatically amended in accordance therewith.
7.
ANNEXATION:
The "SEWER/WATER User" is required ~o immediately submit an application
for annexation of the "Real Property", which is a condition precedent to the "SEWER/WATER
User's" eligibility for the "Real Property" SEWER/W ATER service connection fee within the
City limit rates. The "SEWER/W A TER User" herein gives consent to such annexation, agrees to
pay the annexation application fee, agrees to apply for annexation, and diligently pursue
annexation into the City. This provision of this Agreement is a written request and application
for such annexation in accordance with I.C. 9 50-222 or any amendments or recodification of
said statute.
8.
HOOKUP AND SERVICE FEES:
The charges for hookup, inspection, and service fees shall be in accordance with
the provisions ofthe "Ordinance" and/or "PolicyIRegulations" as are applicable for real
properties outside ofthe city limits.
9.
REQUIREMENT FOR RECORDATION:
"City" shall record either a memorandum of this Agreement or this Agreement,
including all of the Exhibits, at "SewerIWater User" cost, and submit proof of such recording to
"SewerlWater User".
10.
DEFAULT:
default.
Any failure to perform the term~ and conditions of this agreement shall be a
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEVVERjWATER SYSTEM OUTSIDE THE CITY LIMITS
-3
11.
REMEDIES:
11.1 This Agreement shall be enforceable in any court of competent jurisdiction
by either "City" or "SewerlWater User", or by any successor or successors
in title or by the assigns of the parties hereto. Enforcement may be sought
by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein. In addition, remedies available to the City include but
are not limited to, termination of Sewer/Water service to all users located
on the real property covered by this agreement.
l1.2 In the event of a default, written Notice of Default shall be served and
defaultinKParty shall then have thirty" (3 0) days after delivery of notice of
default to correct the same before the non-defaulting party may seek any
remedy provided for herein.
11.3 In the event the performance of any covenant to be performed hereunder
by either "SewerlWater User" or "City" is delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
12.
NOTICES:
12.1 Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) qays
after deposit in the United States Mail, registered or certified mail, postage
prepaid, return. receipt requested, addressed as follows:
CITY:
c/o Meridian City Engineer
City of Meridian -
660 E Watertower Ste 200
Meridian, Idaho 83642
PROPERTY OWNERS:
Bonnie Robinson and Judy Hambley
715 S Wells Street
Meridian ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWERjWATERSYSTEM OUTSIDE THE CITY LIMITS
-4
12.2 A party shall have the right to change their address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
13.
ATTORNEY FEES:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
14.
TIME IS OF THE ESSENCE:
The parties hereto aclmowledge and agree that time is strictly of~e essence with
respect to each and every term, condition and ~rovision hereof, and that the failure to timely
perform any of the obligations hereunder shall constitute a breach of and a default under this
Agreement by the other party so failing to perform.
15.
BINDING UPON SUCCESSORS:
This Agreement shall be binding upon and inure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including "City's" corporate
authorities and their successors in office. This Agreement shall be binding on the owner of the
property, each subsequent owner and each other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefitted and bound by the conditions and restrictions herein .
expressed.
16.
INVALID PROVISION:
If any provision of this Agreement is held not valid by a court of competent
jurisdiction, .such provision shall be deemed to be excised there from and the invalidity thereof
shall not affect any of the other provisions contained herein.
17.
FINAL AGREEMENT:
This Agreement sets forth all promises, inducements, agreements, condition and
understandings between "SewerlWater User" and "City" relative to the subject matter hereof, and
there are no promises, agreements, conditions or understanding, either oral or written, express or
implied, between "Sewer!\Vater User" and "City", other than as are stated herein. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWERjW ATER SYSTEM OUTSIDE THE CITY LIMITS
-5
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest 'or their assigns, and pursuant, with respect to "City", a duly
adopted resolution of "City".
18.
TERMINATION:
At such time as the "Real Property" is annexed into the City@ this agreement
shall terminate except for any default that exists at such time shall still be enforceable pursuant to
the terms of this agreement.
19.
EFFECTIVE DATE:
This Agreement shall. be effective at such time as both parties have executed this
Agreement.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have hen~in executed this agreement and
made it effective as hereinabove provided.
~RTYZ~S
.~ ~---
W+br~/l-
1 y Ha Me
CITY OF MERIDIAN
By:
MAYOR TAMMY DE WEERD
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
BY RESOLUTION NO.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THECITY LIMITS
-6
SATE OF IDAHO, )
: ss.
County of Ada)
On this I q th day of No V e m be. r , in the year 2004, before me, the
undersigned, aN otary Public, personally appeared ,Bonnie Robinson and Judy Hambley known
or identified to me to be the Property Owners, who executed the instrument.
IN WITNESS WHEREOF, I have herelinto set my hand and affixed my official
seal, the day and year in this certificate first above written.
~'J;&\I.~~natll&'q
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"~Q/ l'lJ Ol=< \"9 :.,t,,'<i
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ct'2/!"~anu~u..tI
~C(h,cp~
Notary Public for Idaho
Residing at: 13oi'1cj 'Ida-he
My Commission Expires: O'7/.;JS / dOOq
I I
STATE OF IDAHO, )
: ss.
County of Ada )
On this day of , in the year 2004, before me, the
,undersigned, a Notary Public, personally appeared TAMMY' DE WEERD and WILLIAM G.
BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the persons that executed the instrument on behalf of
said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
,seal, the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-7
November 22,2004
To: City of Meridian Building Department
660 E. Watertower, Suite 150
Meridian, Idaho 83642
Phone 887-2211 / Fax 887-1297
FrOln: Bonnie Robinson / Judy Hambley
715 Wells Street
Meridian, Idaho 83642
888-7240 Home /376-1771 Work / 841-3404 Cell
Len...
Enclosed please find the Agreement for Hookup to the City of Meridian's Sewer/Water Systeln
Outside the City Limits containing the notarized signatures of Judy and me along with a check
in the amount of $2,219.71.
The execution of this Agreement and payment of fees is contrary to the pre-existing agreement
we have with the city of Meridian in exchange for a sewer easement granted to the city in
Janu3J.Y 1995. The attached letter dated Aplil 21, 1994 signed by Grant Kingsford, Mayor, states
the accommodation for that easement is our right to access the sewer. That letter reflects the
discussions which were consistent throughout the easelnent negotiations giving us the light to
connect to the sewer line without the payment of any additional fees or annexation
requirements. We are executing the enclosed agreement and payment of fees under protest, in
no way agree to waive any lights under the earlier agreement, and reserve our right to claim the
promises set forth in the original easement agreement. Should this agreement subsequently be
set aside in favor of the earlier agreement, we reserve our right to pursue all remedies, in
addition to any other relief as may be granted, as to court costs, reasonable attorney's fee, and
full recovery of fees collected and action required contrary to the original easelnent agreement.
It is our understanding we can now infonn Jo1m McNatt of Cascade Pipeline Corporation to
proceed with the sewer hookup.
Thank you very much!
BONNIE ROBINSON / JUDY HAMBLEY
City of Meridian, Bui(lg Department
660 E Watertower, Suite 150
Meridian 10 83642
PH 887-2211/ FAX 887-1297
j
~,,",4,.l0
':~;~~~7~;~
~(J fCllTOF j..~.(J1If....!::t~....
L/VLendiaJt-'l'; \, 24 HOUR
\..; "MHO /; INSPECTION LINE
"'~''''~ _.J
'~"''''''-- _,.,>0_ 887-1155
-~.~~~ f~;;~
Water/Sewer Assessments Permit
Permit Number: WSA2004-63
Page 1 of 1
Printed: 11/12/2004
Applicant
Bonnie Robinson
Parcel Number:
Address: 715 Wells St. S.
Meridian, ID 83642
Addition:
Lot{s):
Block:
Contractors
PROPERTY OWNER
Address:
Fees and Receipts:
Number
FEE2004-58008
FEE2004-58009
Total Fees:
Amount
$1,580.00
$639.71
$2.219.71
Description
Sewer Assessment
Sewer Latecomers Fee
Check Number:
Total Receipts:
$0.00
Other Fields:
Commercial:
Residential:
Water Meter Size (in.):
Notes:
No
Yes
o
approved by C Engineer to hookup to sewer service prior to annexation -- water
service to be hooked up at later date as not available currently. 11/12/04
Latecomers fees based on 1/3 of an acre rather than the full 5 acres. It is
believed that this property will possibly develop in the future and latecomers could
be collected at that time.
ASCADE
IPELINE
ORPORATION
GENEilAl ENGINEEJUNG CON17MCTOll'
PO. Box Il35 . Meridian, Idaho 83680 . Bus: (208) 895-0286 . Fax: (208) 898-0144
November 6, 2004
Bruce D. Stuart
Special Project Coordinator
City of Meridian
Public Works Division
660 E. Water Tower, Suite 200
Meridian, ill 83642
Subject:
Proj ect
Letter of Intent
Sewer Tie In
Dear Mr. Stuart,
Let this letter serve as our intent for Judy Hambley and Bonnie Robinson to tie into a city
service stub provided by the city. Due to the septic system failure, they constantly have
to pump.
Please find attached a letter from the City of Meridian that shows an easement was
granted and a sewer service is located at 715 S. Wells Street, Meridian. We intend to tie
onto and run approximately 270 linear feet of 4" with 3 clean outs.
If you have any questions about the proposed sewer service, please call John McNatt,
941-2547.
/~~
Date
//~b "'as/-
Date
CLfr ?!:_L~
(!f"JUd a bley
M,L i .';tJtJ,/
/
Date .
\
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT O. CORRIE:
WALTW. MORROW
SHARI STILES
Planner & Zoning Administrator
JIM JOHNSON
Cnairman. Planning &. Zoning
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY O. SMITH, f.E. City Engineer
BRUCE D. STUART, Waler Works Supt.
JOHN T.SHAWCROFT. Waste Water Supt.
KENNY W. BOWERS. Fire Chief
W.L. "BILL" GORDON, Police Chief
WA YNE G. CROOKSTO N, JR., Attorney
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433. FAX (208) 887-4813
Public Works/Building Department (208) 887.22] I
,
GRANT P. KINGSFORD
Mayor
April 21, 1994
Judy Hambley
71SSouth Wells Street
Meridian, Idaho 83642
Dear Ms. Hambley:
As you may be aware, the City of Meridian is participating with Roylance and Associates,
P. A, Consulting Engineers, of Boise in the design and construction of a public sanitary
sewer main to serve properties located within the Five-Mile Creek drain-age area as
shown on the enclosed map. The route for this facility has been selected to cross your
property. 'We respectively request your dedication of a 20-foot wide ease-ment along this
route for the accommodation of this pipe in return for your right of access to thIS sewer
once itis placed in service,
Roylance & Associates will be contacting you in the near future to further discuss this
project with you. Roylance & Associates and the City will also provide the necessary
paperwork should you consent to allow the sewer line to cross your property,
If you have any questions or concerns regarding this matter, please do not hesitate to
contact either Mr. Gary Smith, P. E., City Engineer (887-2211), Ms. Shari Stiles, Plan-ning
Director (888-4433), or Mr. Mike Shrewsberry, Project Manager, Roylance and Associates
(336-7390). Your cooperation in this effort will be greatly appreciated.
Sincerely.
~p~~
Grant Kingsford,
Mayor
Enclosure
,.\ i.
EXHIBIT A
- ,
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ROYLANCE AND ASSOCIA:TES PA
Engineers SurveY9"-s Landplonner's
4619 Emerald Suite 0-2 Boise Idaho 83706 . (208) .336-7390
JUDY HAMBLEY
BONNIE ROBINSON
NOVEMBER 2~ 1994
PN 9306-1426
EASEMENT EXHIBIT
O. 2
f!.
MAGIC
"
,
,
,
,
"-
,
'-
----.,..._--
--... ---.
JAMES GRIFFEN
1\ _
JUDY HAMBLEY
BONNIE ROBINSON
SEWER LINE LOCATION AND
ct. OF 20' EASEMENT
...
\
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< I
EXHIBIT 13
. Roylance & Associates P.A.
4619 Emerald. Suite D-2, Boise. Idaho B3706
Engineers · Surveyors · LandpJanners
Telephone (20B) 336"-7390 Fax (20B) 336-7391
November 17, 1994
ProjeCt No. 1426
(See Attached Map dated 11-17-94)
REVISED December 20, 1994
REVISED January 19, 1995
Legal Description For Judy A. Hambley and Bonnie J. Robinson
Sanitary Sewer Easement in the vicinity of 5-Mile Drrdn fl:em Magic View Subdivision to Union
Pacific Railroad, Ada County, Meridian, Idal}o
A ~O foot wide permanent sanitary sewer easement being 10 feet each side of the
following. described centerline, and a temporary construction easement contiguous with and
60 feet to the right of said [allowing described centerline, being situated in Section 17,
Township 3 North, Range 1 East; Boise Meridian, Ada County, Idaho, described as follows:
Commencing at a found brass cap monumenting the Southeast Corner ofthe
Northeast 1/4 of said Section 17, thence along the southerly line of said Northeast 1/4
South 890-511-35" West a distance of2606.79 feet to a found steel pin monumenting the
Southwest Corner of said Northeast 1/4, thence North 890-5r-351t East along said southerly line
a distance of 178.51 feet (formerly South 890-57'-15'.8" East a distance of 177.75 feet to a point
on that public right-of-way shown on the plat of Amended Magic View Subdivision, ea recorded
subdivision on file in Book 52 of Plats at Pages 4445 and 4446, records of Ada County, Idaho),
thence leaving said southerly line and along said public right-of-way southwesterly a distance of
58.54 feet along the arc of a circular curve to the len, said curye having a radius of 45.00 feet, a
central angle of740-311-57", a chord bearing South 520-35'-36" West, and a chord distance of
54.50 feet to a point, thence leaving said right-of-way South 890-51'-31" West a distance of
46.09 feet to a point, thence North 630-27'-09" West a distanceof73.47 feet to a point on the
southerly line of the Judy A. Hambley and Bonnie J. Robinson property as described in Warranty
Deed recorded as Instrument No. 8305455, dated February 2, 1983, said point being the
POINT OF BEGINNING.
Thence North 63c-27';.,09'lWe?t a distanceof26.70 feeUo the pOINT OF TERMINUS,
being on the westerly property line as described in said Warranty Deed.
Prepared By:
ROYLANCE AND ASSOCIATES, P.A.
4619 EMERALD SUITE D-2
BOISE, IDAHO 83706 :.~:"'.u""
(208) 336-7390
FAX (208)336-7391
c:\msoillce\winword\jyll\l42Ghamb. doc
. "
ExmBIT C
ADDITIONAL EASEMENT LANGUAGE FOR THE
JUDY A. HAMBLEY AND BONNIE J. ROBINSON EA'SEl\1ENT AGREKMENT
(a) One 8 inch diameter sewer service,line opening in a "manhole base will be provided at no cost to the
property owner. This sewer line manhole opening will allow"future sewer connection for the property
owner into the Five Mile Creek Trunk: Sewer Line. Selection of which manhole location to be designed
for the sewer service line opening will be detennined by the property owner with confirmation by the City
Engineer's office. To expedite design of this sewer service line manhole opening, the property owner
needs to select the preferred manhole location within ten (10) days after signing this easement agreement.
The 8 inch sewer service manhole opening will be plugged in the manhole. A drawing will be provided
to the property owner showing the field location and appropriate elevation of the sewer service manhole
opening.
(b) During construction of the Five Mile Creek Trunk Sewer Line project, temporary fencing will be installed
to mark and isolate the construction area and prevent livestock and children from entering the active
construction zone. Temporary fencing will be a five foot high galvanized chain link fence fabric securely
mounted on steel tee-bar .fence posts,
(c) During construction of the Five Mile.Creek Trunk Sewer Line project, the property owners' livestock will
be allowed safe access to Five Mile Creek for stock water.
(d) During construction of the Five Mile Creek. Trunk Sewer Line project, all property coiners within the
construction area will be established or reestablished with appropriate survey pins and markers. A
drawing will be provided to the property owner showing field locations and appropriate dimensions of all
property pins and markers.
(e) To provide for routine sewer maintenance by the City of Meridian, the property owner must allow the City
permanent all-weather access to each manhole that is constructed on the grantor's property. Access to
each manhole that is constructed on the grantor's property must be available to the City as follows:
a. Prior to Future Develotlment or Current Property Situation: By signing this easement agreement,
the property owner agrees to allow the City of Meridian to construct an all-weather access road
across and through the grantor's property to drive. City owned. sewer maintenance equipment to
access the manhole locations. City agrees to contact grantor by phone or mail to coordinate
access arrangements prior to actual use. City will take precaution to close all gates and minimize
property disturbance to livestock and fanning facilities.
b. Future Prooerty Develovment or Redevelopment Situation: By signing this agreement:, the
property owner agrees to incorporate permanent all-weather access to each manhole that is
constructed on the grantor's property, into any future development or redevelopment plans of the
property. As part of this agreement, the City will cooperate with the property owner to determine
workable and reasonable permanent access alternatives as part of the future development plans
for this property. And after the property is developed or redeveloped, the City shall allow the
Grantor to remove the all-weather gravel access road above the sewer line.
c;\msoffice\wi.nwordlIetteIs\14261hambley.exd - 1
1/26/95
;".
'~
EXHIBIT C
ADnmONAL EASEMENT LANGUAGE FOR THE
JUDY A. HAMBLEY AND BONNIE J. ROBlNSON EASEMENT AGREEMENT
PAGE Two
(f)
The City ofMericlian and the property owner mutually understand and agree that permanent all-weather
. access to each,manhole is absolutely required for sewer line maintenance. TneCiq of Meridian and the
property owner mutually understand and agr~ that permanent all-weather access to each manhole must
be incorporated into any future redevelopment plans or subdivision design of the grantor's property.
(g)
A 20 foot by 20 foot area surrounding each manhole, within the permanent easement, will be improved
with a 10" ~ckness of compacted 3h" (-) road mix gravel on a stable subgrade to support City owned
sewer maintenance equipment in all-weather field conditions.
(h)
The property owner fully understands that sheds, buildings, fences, trees and other types of improvements
cannot be placed within the permanent easement as specified within this easement agreement. After
construction of the Five Mile Creek Trunk: Sewer Line project, the Grantor's property will be returned to
its current state, design, and elevation including removal of any surface rock raised by constructing the
sewer line and the area reseeded with pasture grass as reasonably specified by the Grantor, except as
proyided in paragraph La. (vi) of the Easement Agreement
950 2 Y Lf 7 0
:,D.t ~CL ?~ECORDER
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STATE OF IDAHO )
) 5S.
County of Ada )
City of Meridian
~~ f2~
By t P. Kingsford, :Mayor -'
On this $,LdayofJanilary, 1995, before me, DAUfi') .5. 1\1JE=t;?pN ,personallyappearedJudy
A. Hambley, !mown or identified to me (or proved to me on the oath of ), to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate :first above written., .. -'" '
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STATE 2)F~ANOl r';:; ~c:}~~;.
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My Commission Expires
County of Ada )
On thi$ ~ day of Jan~, 1995, before me' [f4..(}fl) 5. A JcL50A, . personally appeared
Bonnie 1. RobinSon, knOMl or identified to me (~r proved to me on the oath of ' ), to be the person
whose name is subscribed to the within instrument, and ac!mowledged to me that he executed the same.
IN WITNE~S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certifica~~, q)lf~en, .
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1/19f95-Final
'.'
STATE OF IDAHO ).
) ss.
County of Ada. )
On this ~ day of January, 1~95, be~ore me, the undersigned, fl Notary Public in and for said State,
personally appeared Grant P- Kingsford and William G. Berg, Jr., lmown to me to be the Mayor and City Clerk of the City
of Meridian, Idaho, and who executed the within instrument, and aclmowledged to me that the City of Meridian executed
the same.
In witneSs whereof, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
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l/19/95-Final
December 17, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
Oecember 21 , 2004
ITEM NO.
5~M
REQUEST Personal Services Contract between the City of Meridian and Whitman and Associates
Inc. to provide building inspection services and plan reviews for structures constructed within the
City of Meridian
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
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
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
PERSONAL SERVICES CONTRACT
BETWEEN:
CITY OF MERIDIAN, IDAHO, an Idaho Municipal
Corporation, hereinafter "City"
AND:
WHITMAN & ASSOCIATES, INC., an Idaho
corporation, hereinafter "Contractor."
DATED:
This _ day of
,2004.
PREMISES:
1. Whereas, the City of Meridian provides building inspection services and plan
reviews for structures constructed within the City of Meridian; and
2. Whereas, the City desires to facilitate the provision ofthose services by using the
personal services of Whitman & Associates, Inc.; and
3. Whereas, the Contractor has been providing such services to the City and has
established a good reputation for the provision of such services, and is willing and
able to continue to provide such services; and
4. Whereas, the City is authorized to obtain, by contract, the services necessary to
conduct plan reviews and building inspections.
NOW, THEREFORE, the parties hereto agree as follows:
1. Term. This contract shall become effective on the 151 day of October, 20Q.;2004,
and unless earlier terminated or extended, shall expire on or before September 30,
Ul{}42005.
2. Scope of Services. Contractor shall perform the necessary services in
accordance with the schedule as described on Exhibit "A" attached hereto and
herein incorporated by reference.
3. Compliance With Applicable Law. Contractor shall comply with all Federal,
state, city, and local laws and ordinances applicable to the work under this
contract, including, without limitation, the provisions ofIdaho Administrative
Rules and the rules and interpretations of the State ofIdaho Division of Building
Safety.
I Ll1'.lmuc!S.Y::JIllHlllEi.i'l1u:a\;[ t'lf l:'~[:'&n;l) ~.~fiJ<':.D~ !.2J21 04duL
Page 1
4. Reporting. Contractor agrees to prepare and furnish such reports and data as
may be required by the City. Contractor agrees to, and does hereby grant the City
the right to reproduce, use and disclose for City purposes, all or any part of the
reports, data, technical information and client information furnished to the City
under this contract. Any information or data which comes into possession of
Contractor in connection with services provided under this agreement shall
become City information and shall not be disclosed by Contractor to anyone
outside the City, unless the requester complies with the Idaho Public Records Act.
5. Records Maintenance; Access. Contractor agrees that services provided
under this contract by Contractor, facilities used in conjunction with such
services, client records, Contractor's policies, procedures, performance data,
flHancial reee-fffir.-e8-fl*Prore~fe€t)fas-and other similar documents and records
of Contractor that pertain, or may pertain, to services under this contract shall be
kept at the office space provided by City and shall be open for inspection by the
City, or its agents, at any reasonable time during business hours. Contractor
agrees to retain such records and documents for a period often years, or such
longer period as may be required by Idaho Code ~50-907.
6. Payment of Contract and Inspection Fees shall be according to the value
placed on the building permit and based upon the following pay schedule:
(a) ~~'o40% ofthe permit fees for the first $30.000100,000 in permit fees
collected annually.
(b) 4H~'o25<}o ofthe permit fees l'leP#e~G,fl9G-t-e~g()9-ittfH~Fmit
ree50ver $100,000 collected annually.
(c) J-9!3:'{rsfthe permit tees-!76t;-w-een $50,000 to $75,09Q--H.1:-f)ffi-1:ti-t-fees
ee-lfeeted annually.The Contractors percentage for any Qennit issued tor a
structure valued at more than $2,000.000 shall be negotiable between the
City of Meridian and the Contractor.
(d) 25%, of the .peFffl:it--fee&-EWel' $75,000 ifl:-l:1effil:i-t-fees-ee-l4eerea-afl:llually.
fe1@ +he-r>ermit foe and the-Gent-fG.ctor's percer.Jage thereof for uny stlUoture of
a-vahle of $5GQ,G.G9-6i=-mere shaH be negotiable eet>Neen the City of
MeFiEH-arl:-fl-B:c!-the-Geffil'B:€fe-F:85l}o of fe-inspection fees collected.
(S;f) 85% of 1'e inspeefi.~ech40% of plan review fees collected.
The City of Meridian agrees to provide office space, computers, telephone
system, inspection tags, permit notices, and clerical staff, as may be necessary for
Contractor to carry out the issuance of penuits, receiving and distributing
inspection requests, public assistance, and/or any other business transactions that
would need to be conducted by the Building Official that are directly related to
I !-_:}"J,'ntrull~ .'0:1}ljJP.ill1. (~WEj; 11,=,1.1:'<;[ 'c','fl.'l L~S'I2c.t.-:<;:~,j.;. (JJ IH-'G!i-
Page 2
I'
(
providing services under this contract. Ifthe Contractor desires additional
services that are not hereinabove provided by the City of Meridian, then those
additional services shall be at the sole cost and expense ofthe Contractor.
7. Termination
(a) All or part ofthis contract may be terminated by mutual consent of both
parties in writing.
(b) If Daunt Whitman ceases to act as the Building Official for the City of
Meridian, as outlined in number 8 here in below, then this contract shall
immediately be terminated and become null and void.
( c) In addition, City may terminate or modify this contract, in whole or in
part, effective immediately upon delivery of written notice to Contractor, or at
such later date as may be established by City under the following conditions:
(i) If Federal or state regulations or guidelines are modified, changed,
or interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this contract;
(ii) If any professional1icense, insurance, bond or certificate required
by law, regulation or this contract to be held by Contractor to provide the services
required by this contract, is for any reason denied, revoked, suspended, or not
renewed;
(iii) If City has evidence that Contractor in the course of its duties
herein has endangered or is endangering the health and safety of clients, residents,
staff or the public;
(iv) Falsification of records by Contractor;
(v) Failure ofthe Contractor to comply with the provisions of this
contract and all applicable Federal, state or local laws and rules, including
applicable building codes and Idaho Administrative Rules.
(vi) If Contractor fails to provide services as set forth in Exhibit "A";
(vii) If Contractor fails to provide services called for by this contract
within the times specified on Exhibit "A";
(viii) If Contractor or its agents engage in fraud, dishonesty, or any other
act of misconduct in the performance of this contract;
(ix) If continued or repeated justifiable, documented complaints are
made against Contractor or its agents for: (a) failure to provide services specified
on Exhibit "A"; or (b) perform their duties in a courteous and professional
manner;
f-,'i.-)----li--Geffiffiet6f'-l7eoot1'l:es inselvt'Ht or shetl-lEl volunturHY-&F
1:1tv-e-l:1:lftt-a-ftlry-&eelb'ffB-t-eet400-ootl-eHh-e-bI-rrfted S tlltes B2rfl:kfUp t cy Ge&e,
I h.:. ~ ont_m:;l::c:\yhnmiln (oJ,:rilli!.lIJQLt~~""lnl >"'r'di_e~ ))U 3~IL-l ,dsu.,
Page 3
--~-(Xt) Ifthe City Council determines that termination ofthe contract is in
the best interests of the City.
(d) Time is of the essence of Contractor's performance of each and every
obligation and duty under this Agreement. City, by written notice to Contractor
of default or breach may terminate the whole or part of this contract:
(i) If Contractor fails to provide services called for by this contract
within the time specified herein or any extension thereof; or
(ii) If Contractor fails to perform any of the provisions of this contract,
or so fails to pursue the work as to endanger performance of this contract in
accordance with its terms, and after receipt of written notice from City fails to
correct such failures within 14 calendar days or other period as specified.
The rights and remedies provided above are not exclusive and are in addition to any other
rights and remedies provided by law or under this contract. A waiver by City of any
rights, remedies or provisions provided in this contract or by law, is not a waiver by City
of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in
one instance constitute a waiver in any other instance or constitute a continuing waiver.
City shall not have to reinstate any provisions of this contract following a waiver for the
provision to be effective in any other instance.
8. Designated Building Official. Whitman & Associates, Inc. acknowledges that
Daunt Whitman is designated as the Building Official for the City of Meridian with the
primary responsibility for providing and performing all duties required under this
contract for the City of Meridian. lffor any reason Daunt Whitman fails or ceases to
continue as the Building Official for the City of Meridian, Contractor shall be required to
give notice of the City of Meridian.
9. Independent Contractor. Contractor is not an officer, employee or agent of
the City. Contractor is engaged as an independent contractor, and will be so deemed for
purposes ofthe following:
(a) Contractor will be responsible for payment of any Federal or state taxes
required as a result of this contract.
(b) Contractor is not entitled to any benefits generally granted to City
employees. Without limitation, but by way of illustration, the benefits which are
not intended to be extended by this contract to the Contractor are: vacation,
holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement
benefits.
(c) Contractor is an independent contractor for purposes of the Idaho
Worker's Compensation laws, and is solely liable for worker's compensation
coverage under this contract.
I ~-,-'!"'YJllra\.j~jlhlltlla.!l ~ Ul1HHGJll'lPcT'(!!llil ;:>'.:'fU":":-' L;JLo Q-l \J9~
Page 4
(d) Substantially all necessary tools, equipment, supplies and all other
administrative support expenses will be furnished by the Contractor, except the
following:
i. Administration support expenses
ii. Office space with furniture
iii. Computer systems, including software and printers
iv. Wired telephone system
v. Inspection tags and notices
(e) Contractor will not be eligible for any Federal Social Security, State
Workman's Compensation or unemployment insurance payment from the City or
charged to City's account.
(f) In the event a review by the United States Government, the State ofIdaho,
or any agency determines that this agreement constitutes an employee-employer
relationship, the Contractor agrees to reimburse City for all employment costs as a
result of that determination.
10. Subcontracts and Assignments; Successors in Interest To insure the
appropriate, uninterrupted, adequate and timely service to the residents of the City of
Meridian, Contractor shall not enter into any contracts or subcontracts for any of the
work required by this contract, or assign or transfer any of its interest in this contract,
without the prior written consent of the City. City may withhold its consent to
assignment, succession or other transfer of Contractor's rights and responsibilities under
this Contract, when City, in its reasonable discretion, determines that the proposed
assignment or transfer would not serve the bests interests of the citizens of Meridian.
The provisions of this contract shall be binding upon and shall inure to the benefit
of the parties hereto, and their respective successors and assigns, if any.
11. Transition. In the event this contract is terminated, or is not renewed or
extended, the parties agree that a period of transition will be necessary to assure adequate
protection of the public and continuity of service to contractors. Contractor agrees that
for ninety (90) days after termination of this agreement, it will provide such services as
are requested by City. During the ninety (90) day period, City will compensate
Contractor $75.00 per hour for each hour worked. Contractor will submit detailed
billings, including time records containing: date, service, personnel information, and time
expended (recorded in one-quarter hour increments). Payment will be made no later than
the 15th of the month for billing statements submitted not later than the first day of that
month.
12. Insurance and Bonding.
(a) General Liability Insurance. Contractor will have in place liability
coverage while serving the City pursuant to this contract. Contractor shall obtain
I k;llHHfflC~ \~!m!l!lli1i" 2lllfa q fur P C'1,?~Hal~';:r \li~ r,L l;_JU 04 .~i1'L
Page 5
and, at all times, keep in effect comprehensive general liability insurance with a
combined single limit not less than $1,000,000 or the equivalent for property
damage and bodily injury or death..QS1 occurrenl:e. In the event a unilateral
cancellation or restriction by the insurance company of the insurance policy
referred to in tbis paragraph, Contractor shall immediately notify City orally and
then in Vlriting within three (3) days. City has the right to suspend portions or all
of the services, operations and duties due under this contract if Contractor's
general liability insurance is revoked, cancelled, expires or Contractor is
otherwise without general liability insurance. Contractor will be afforded a
reasonable time to obtain insurance. If Contractor can not obtain insurance within
a reasonable time, City may terminate this contract.
(b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's
expense, and maintain in effect during this Contract, Automobile Liability
Insurance with a combined single limit per occurrence of not less than $500,000.
In addition, Contractor shall obtain and maintain throughout the term of tbis
Contract, and any renewal thereof, Automobile Collision and Comprehensive
Insurance coverage on all vehicles owned or leased by Contractor wbich are used
to perform the service element under this contract. Collision and Comprehensive
coverage shall have amounts that will protect the interest ofthe City and
Contractor in case of damage or loss to vehicles while performing the services of
this Contract.
(c) Additional Insured. Contractor shall name the City, its officers,
employees, and agents as Additional Insured on any insurance policies required
herein only with respect to Contractor's activities being performed under this
Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued
by an insurance company licensed to do business in the State of Idaho (ACORD
Form 27), containing a 30-day Notice of Cancellation endorsement and shall be
forwarded to City.
(d) Error and Omission Insurance. Contractor shall maintain error and
omission or professiona1liability insurance for the services under this contract in
an amount not less than $500,000 per occurrence.
(e) Proof of Insurance. Certificates ofInsurance (ACORD Form 27 or
equivalent) shall be provided for all required coverages and furnished to too
Public \\1-erks DireeteT-w-i-tl-1-a-€opy to the City Clerk and a copy to the
Development Services Manager.
13. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the
City, its officers, employees, agents, and members, from all claims, suits, actions or costs
including attorney fees and costs of defense resulting from or arising out of the work
performed under this contract and arising from the sole or joint negligence ofthe
Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save,
hold harmless and indemnify Contractor from all claims, suits, actions or costs, including
I L;.\CJ,HlU1\\;!!::WJl1!.!ILClt! (S'H..iJ{l.';l t'2fi'g::;ynaL2S'DlC:f2 Ld U3JJ:L..ql,~
Page 6
attorney fees and costs of defense resulting or arising out ofthis contract and arising from
the sole negligence of City.
14. fi uiffieiftl-Aca4tt-mul--Aee&aHtiug P re-eeaH1'-es.~-- -GeHtfaetef&Ral+flf6vtae~'
'A'tth-a-l-l-v€fti.ReAt-4tlmR:e-}fc~'Elnt-a-a-R&-ef)-Ff7Etffite-ta7Het-!:tFflS--c'1&Tl:Efl:l:e&tetl,,~.y ('1 t y. City-<a+\
e8-fleFffiiftecl--tEH~efldBet-PdTffitEltt{*-Hn y and all 0 f Ce ntrn&teT-'-& #ooaeta+4a-ta.at-tfle'~
~efl&e:
M 14. Nondiscrimination. Contractor agrees that it shall not discriminate against any
person in the performance of this contract, on the grounds of race, color, creed, national
origin, sex, marital status, disability or age.
+615. Attorney Fees. In the event an action, suit, or proceeding, including appeal
therefrom, is brought for failure to observe any of the terms ofthis contract, the non-
prevailing party shall be responsible for the prevailing party's attorney's fees, expenses,
costs, and disbursements for said action, suit, proceeding or appea1.
R~lQ, Governing Law; Jurisdiction; Venue. Tills contract shall be governed and
construed in accordance with the laws of the State of Idaho without resort to any
jurisdiction's conflict onaws, rules or doctrines. Any claim, action, suit or proceeding
between the City and Contractor that arises from or relates to this contract shall be
brought and conducted solely and exclusively with the Fourth Judicial District Court of
Ada County for the State ofIdaho. Provided, however, if the claim must be brought in a
federal forum, then it shall be brought and conducted exclusively within the United States
District Court for Idaho.
Hhl1 Subject Employers. The Contractor, its subcontractors, if any, and all
employers working under this contract are subject employers under the Idaho Worker's
Compensation Law and shall comply with said law, which requires them to provide
worker's compensation coverage for all their subject workers.
+9-:llL Amendments. The tenus of this Contract may be amended upon the mutual
consent of the parties. Contractor expressly agrees to amendments which may be
necessary fi.om time to time to incorporate changes or provisions required by law or the
Division.
2-9-:19. Severability. The terms ofthis Contract are severable and a determination by an
appropriate body having jurisdiction over the subject matter of this Contract that results
in the invalidity of any part, shall not affect the remainder of this Contract.
Dated
day of
,2004.
WHITMAN & ASSOCIATES, INe.
I ~AYl1lra<:(.L\YLUlmaiJ~!,\i.llm~\ h'xtl.:'1~t!.lJi}\ ~SJ.-~I-,,"-c~ll1},2iFIJ~
Page 7
BY:
DAUNT WHITMAN, PRESIDENT
CITY OF MERIDIAN
BY:
TAMMYde~ERD,MAYOR
Attest:
WILLIAM G. BERG, JR., CITY CLERK
STATE OF IDAHO, )
: ss:
County of Ada, )
On this day of ,2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared DAUNT WHITMAN, mown or
identified to me to be the President of Whitman & Associates, Inc., and whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same
for Whitman & Associates, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO, )
: ss:
County of Ada, )
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Page 8
On this day of , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk,
respectively, for the City of Meridian, and the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same on behalf of the
City of Meridian.
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Page 9
IN VVITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
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Page 10
EXHmIT "A"
SERVICES TO BE PERFORMED BY WHITMAN & ASSOCIATES, INC.
1. Computerized Permit Tracking Program. Contractor shall provide data and
input into the City of Meridian's computerized Building Permit Tracking program. All
building permit applications received shall be entered into the program and each step of
the building permit process shall be entered into the computer as soon as possible
following completion of that step. Every reasonable attempt shall be made to keep aU
entries current, however, the Building Permit Tracking program shall never be allowed to
become more than two working days behind the current status of each building permit.
2. Public Office. Contractor shall maintain regular business hours, or be available
by telephone, through the City of Meridian's Building Department located at 660 E.
Watertower Lane, Suite)50, Meridian, Idaho. Business hours are from 8:00 am to 5:00
pm, Monday through Friday, except holidays or as determined by the Building
Department. The City of Meridian agrees to provide office space, computers, telephone
system, and clerical staff, as may be necessary for Contractor to carry out the issuance of
pennits, receiving and distributing structural inspection requests, public assistance, and/or
any other business transactions related to this contract that would need to be conducted
by the Building Official. Ifthe Contractor desires additional services that are not here in
above provided by the City of Meridian, then those additional services shall be at the sole
cost and expense ofthe Contractor.
3. Coordination. Contractor shall mutually coordinate plan reviews with the City
Planning officials, Public Works officials and appropriate fire marshals. Field
inspections will verify and incorporate requirements of approved plan documents on
which permits are granted.
4. Conflicts. Contractor shall report to the Public WoFlffiDevelopment Services
9ireete-f-Manager any potential conflicts of interest it may have relative to a construction
project.
5. Administration and Enforcement of Codes and City Ordinances. Contractor
shall enforce and comply with building provisions as may be codified or ordained by the
City.
Contractor shall assist the City in enforcing its planning and zoning ordinances, including
the Flood Plain ordinance, and other ordinances related to building sites, and building
uses. Contractor shall report to the City of Meridian Planning & Zoning
fffl.eetE>fDevelopment Services Manager any observed violations ofthe City's planning
and zoning ordinances, or other ordinances of which Contractor has lmowledge as well as
the current code adopted bv the City of Meridian.
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Page 11
6. Organization of Contractor. City shall be apprised in writing of Contractor's
corporate organization and name of Directors at all times. All personnel and
subcontractors will possess the appropriate inspection certifications. A list of personnel
assigned to perform duties under this contract will be given to the I2uBti-e
Wtl1'l6Devewment Servlcesg.}.re€-tt)F-.tvlalla~and updated in writing as any changes
are made.
7. Performance of Services and Duties. Contractor, who is the Building Official,
shall ensure that he interprets all applicable codes reasonably and impartially. In
addition, Contractor shall ensure that all of its personnel and subcontractors perform all
duties required under this contract in a courteous and professional manner. Contractor is
directly responsible to, and reports to, the Pttblic "A/arks Di-l'eeffifDevelopment Services
Manager.
8. Disaster and Emergency Within the City of Meridian. If an emergency,
natural disaster, enemy attack or other major incident exists within the City of Meridian,
Contractor shall perform initial damage assessment services on a pro-bono basis. These
services include, but may not be limited to: field assessment and inspections of damage
to private and public property, collect damage information, assist in the compilation of
damage assessment reports, assist in the completion of a disaster summary outline,
review building codes for possible improvements, and assimilate information on damage
to private, public structures and businesses and any other services for initial damage
assessment under the Ada County Emergency Operations Plan - - Damage Assessment
Annex.
At the discretion of the City, any state and federal financial assistance to the City for the
above services will be applied for and paid to the Contractor.
9. Staffmg Levels. Contractor agrees to staff this contract with sufficient
qualified personnel or subcontractors to allow City to provide timely inspections and
reviews of building projects in the City. The following performance standards are
expected:
Commercial plan review: 10 working days after receipt of complete
application.
Calls for inspections: 48 hours after receipt of phone call requesting
inspection.
Residential building permits: 10 working days after receipt of complete
application.
10. Mobile Communications. Contractor will provide its personnel, at its own
expense, and require its subcontractors to maintain at their own expense, cellular
telephones with voice messaging.
11. Reporting. Contractor shall submit the following reports to the City on a
montWy basis:
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Page 12
· Complete summary of all pennits issued as to type and dollar amount
for that month and year to date; and
· Summary of all commercial building permits issued that month with
business name and address.
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Page 13
PERSONAL SERVICES CONTRACT
BETWEEN:
CITY OF MERIDIAN, IDAHO, an Idaho Municipal
Corporation, hereinafter "City"
AND:
WHITMAN & ASSOCIATES, INC., an Idaho
corporation, hereinafter "Contractor."
DATED:
TIns _ day of
,2004.
PREMISES:
1. Whereas, the City of Meridian provides building inspection services and plan
reviews for structures constnlcted within the City of Meridian; and
2. Whereas, the City desires to facilitate the provision ofthose services by using the
personal services of Whitman & Associates, Inc.; and
3. Whereas, the Contractor has been providing such services to the City and has
established a good reputation for the provision of such services, and is willing and
able to continue to provide such services; and
4. Whereas, the City is authorized to obtain, by contract, the services necessary to
conduct plan reviews and building inspections.
NOW, THEREFORE, the parties hereto agree as follows:
1. Term. This contract shall become effective on the 1 st day of October, 2004, and
unless earlier terminated or extended, shall expire on or before September 30,
2005.
2. Scope of Services. Contractor shall perform the necessary services in
accordance with the schedule as described on Exhibit "A" attached hereto and
herein incorporated by reference.
3. Compliance With Applicable Law. Contractor shall comply with all Federal,
state, city, and local laws and ordinances applicable to the work under this
contract, including, without limitation, the provisions of Idaho Administrative
Rules and the rules and interpretations ofthe State ofIdaho Division of Building
Safety.
Whitman Contract for Personal Services - Page 1
4. Reporting. Contractor agrees to prepare and furnish such reports and data as
may be required by the City. Contractor agrees to, and does hereby grant the City
the right to reproduce, use and disclose for City purposes, all or any part of the
reports, data, technical information and client information furnished to the City
under this contract. Any information or data which comes into possession of
Contractor in connection with services provided under this agreement shall
become City information and shall not be disclosed by Contractor to anyone
outside the City, unless the requester complies with the Idaho Public Records Act.
5. Records Maintenance; Access. Contractor agrees that services provided
under this contract by Contractor, facilities used in conjunction with such
services, client records, Contractor's policies, procedures, performance data, and
other similar documents and records of Contractor that pertain, or may pertain, to
services under this contract shall be kept at the office space provided by City and
shall be open for inspection by the City, or its agents, at any reasonable time
during business hours. Contractor agrees to retain such records and documents
for a period often years, or such longer period as may be required by Idaho Code
S 50-907.
6. Payment of Contract and Inspection Fees shall be according to the value
placed on the building permit and based upon the following pay schedule:
(a) 40% of the permit fees for the first $100,000 in permit fees collected
arumaIly.
(b) 25% of the permit fees over $100,000 collected annually.
(c) The Contractors percentage for any permit issued for a structure valued at
more than $2,000,000 shall be negotiable between the City of Meridian
and the Contractor.
(d) 85% ofre-inspection fees collected.
(e) 40% of plan review fees collected.
The City of Meridian agrees to provide office space, computers, telephone
system, inspection tags, permit notices, and clerical staff, as may be necessary for
Contractor to carry out the issuance of permits, receiving and distributing
inspection requests, public assistance, and/or any other business transactions that
would need to be conducted by the Building Official that are directly related to
providing services under this contract. lfthe Contractor desires additional
services that are not hereinabove provided by the City of Meridian. then those
additional services shall be at the sole cost and expense of the Contractor.
Whitman Contract for Personal Services - Page 2
7. Termination
(a) All or part of this contract may be terminated by mutual consent of both
parties in writing.
(b) If Daunt Whitman ceases to act as the Building Official for the City of
Meridian, as outlined in number 8 here in below, then this contract shall
immediately be terminated and become null and void.
(c) In addition, City may terminate or modify this contract, in whole or in
part, effective immediately upon delivery of written notice to Contractor, or at
such later date as may be established by City under the following conditions:
(i) If Federal or state regulations or guidelines are modified, changed,
or interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this contract;
(ii) If any professional license, insurance, bond or certificate required
by law, regulation or this contract to be held by Contractor to provide the services
required by this contract, is for any reason denied, revoked, suspended, or not
renewed;
(iii) If City has evidence that Contractor in the course of its duties
herein has endangered or is endangering the health and safety of clients, residents,
staff or the public;
(iv) Falsification of records by Contractor;
(v) Failure of the Contractor to comply with the provisions ofthis
contract and all applicable Federal, state or local laws and mles, including
applicable building codes and Idaho Administrative Rules.
(vi) If Contractor fails to provide services as set forth in Exhibit "A";
(vii) If Contractor fails to provide services called for by this contract
within the times specified on Exhibit "A";
(viii) If Contractor or its agents engage in fraud, dishonesty, or any other
act of misconduct in the performance of this contract;
(ix) If continued or repeated justifiable, documented complaints are
made against Contractor or its agents for: (a) failure to provide services specified
on Exhibit "A"; or (b) perform their duties in a courteous and professional
manner;
(x) If the City Council determines that termination of the contract is in
the best interests of the City.
(d) Time is of the essence of Contractor's performance of each and every
obligation and duty under this Agreement. City, by written notice to Contractor
of default or breach may terminate the whole or part of this contract:
(i) If Contractor fails to provide services called for by this contract
within the time specified herein or any extension thereof; or
(ii) If Contractor fails to perform any of the provisions of this contract,
or so fails to pursue the work as to endanger performance of this contract in
Whitman Contract for Personal Services - Page 3
accordance with its terms, and after receipt of written notice from City fails to
correct such failures within 14 calendar days or other period as specified.
The rights and remedies provided above are not exclusive and are in addition to any other
rights and remedies provided by law or under this contract. A waiver by City of any
rights, remedies or provisions provided in this contract or by law, is not a waiver by City
of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in
one instance constitute a waiver in any other instance or constitute a continuing waiver.
City shall not have to reinstate any provisions of this contract following a waiver for the
provision to be effective in any other instance.
8. Designated Building Official. Whitman & Associates, Inc. acknowledges that
Daunt Whitman is designated as the Building Official for the City of Meridian with the
primary responsibility for providing and performing all duties required under this
contract for the City of Meridian. If for any reason Daunt Whitman fails or ceases to
continue as the Building Official for the City of Meridian, Contractor shall be required to
give notice of the City of Meridian.
9. Independent Contractor. Contractor is not an officer, employee or agent of
the City. Contractor is engaged as an independent contractor, and will be so deemed for
purposes ofthe following:
(a) Contractor will be responsible for payment of any Federal or state taxes
required as a result of this contract.
(b) Contractor is not entitled to any benefits generally granted to City
employees. Without limitation, but by way of illustration, the benefits which are
not intended to be extended by this contract to the Contractor are: vacation,
holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement
benefits.
(c) Contractor is an independent contractor for purposes of the Idaho
Worker's Compensation laws, and is solely liable for worker's compensation
coverage under this contract.
(d) Substantially all necessary tools, equipment, supplies and all other
administrative support expenses will be furnished by the Contractor, except the
following:
i. Administration support expenses
ii. Office space with furniture
iii. Computer systems, including software and printers
iv. Wired telephone system
v. Inspection tags and notices
Whitman Contract for Personal Services - Page 4
(e) Contractor will not be eligible for any Federal Social Security, State
Workman's Compensation or unemployment insurance payment from the City or
charged to City's account.
10. Subcontracts and Assignments; Successors in Interest To insure the
appropriate, uninterrupted, adequate and timely service to the residents of the City of
Meridian, Contractor shall not enter into any contracts or subcontracts for any of the
work required by this contract, or assign or transfer any of its interest in this contract,
without the prior written consent ofthe City. City may withhold its consent to
assignment, succession or other transfer of Contractor's rights and responsibilities under
this Contract, when City, in its reasonable discretion, determines that the proposed
assignment or transfer would not serve the bests interests of the citizens of Meridian.
The provisions of this contract shall be binding upon and shall inure to the benefit
of the parties hereto, and their respective successors and assigns, if any.
11. Transition. In the event this contract is terminated, or is not renewed or
extended, the parties agree that a period of transition will be necessary to assure adequate
protection of the public and continuity of service to contractors. Contractor agrees that
for thirty (30) days after termination of this agreement, it will provide such services as are
requested by City. During the thirty (30) day period, City will compensate Contractor
$75.00 per hour for each hour worked. Contractor will submit detailed billings, including
time records containing: date, service, personnel information, and time expended
(recorded in one-quarter hour increments). Payment will be made no later than the 15th
of the month for billing statements submitted not later than the first day of that month.
12. Insurance and Bonding.
(a) General Liability Insurance. Contractor will have in place liability
coverage while serving the City pursuant to this contract. Contractor shall obtain
and, at all times, keep in effect comprehensive general liability insurance with a
combined single limit not less than $1,000,000 or the equivalent for property
damage and bodily injury or death per occurrence. In the event a unilateral
cancellation or restriction by the insurance company of the insurance policy
referred to in this paragraph, Contractor shall immediately notify City orally and
then in writing within three (3) days. City has the right to suspend portions or all
of the services, operations and duties due under this contract if Contractor's
general liability insurance is revoked, cancelled, expires or Contractor is
otherwise without general liability insurance. Contractor will be afforded a
reasonable time to obtain insurance. If Contractor can not obtain insurance within
a reasonable time, City may terminate this contract.
(b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's
expense, and maintain in effect during this Contract, Automobile Liability
Insurance with a combined single limit per occurrence of not less than $500,000
naming the City of Meridian as an additional insured.
Whihnan Contract for Personal Services - Page 5
(c) Additional Insured. Contractor shall name the City, its officers,
employees, and agents as Additional Insured on any insurance policies required
herein only with respect to Contractor's activities being performed under this
Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued
by an insurance company licensed to do business in the State ofIdaho (ACORD
Form 27), containing a 30-day Notice of Cancellation endorsement and shall be
forwarded to City.
(d) Error and Omission Insurance. Contractor shall maintain error and
omission or professional liability insurance for the services under this contract in
an amount not less than $500,000 per occurrence.
(e) Worker's Compensation Insurance. Contract shall maintain worker's
compensation insurance for the services under this contract.
(.0 Proof of Insurance. Certificates of Insurance (ACORD Form 27 or
equivalent) shall be provided for all required coverages and furnished to the City
Clerk and a copy to the Development Services Manager.
13. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the
City, its officers, employees, agents, and members, from all claims, suits, actions or costs
including attorney fees and costs of defense resulting from or arising out of the work
performed under this contract and arising from the sole or joint negligence of the
Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save,
hold harmless and indemnify Contractor from all claims, suits, actions or costs, including
attorney fees and costs of defense resulting or arising out ofthis contract and arising from
the sole negligence of City.
14. Nondiscrimination. Contractor agrees that it shall not discriminate against any
person in the performance ofthis contract, on the grounds ofrace, color, creed, national
origin, sex, marital status, disability or age.
15. Attorney Fees. In the event an action, suit, or proceeding, including appeal
therefrom, is brought for failure to observe any of the terms ofthis contract, the non-
prevailing party shall be responsible for the prevailing party's attorney's fees, expenses,
costs, and disbursements for said action, suit, proceeding or appeal.
16. Governing Law; Jurisdiction; Venue. This contract shall be governed and
construed in accordance with the laws of the State of Idaho without resort to any
jurisdiction's conflict oflaws, rules or doctrines. Any claim, action, suit or proceeding
between the City and Contractor that arises from or relates to this contract shall be
brought and conducted solely and exclusively with the Fourth Iudicial District Court of
Ada County for the State ofIdaho. Provided, however, if the claim must be brought in a
Whitman Contract for Personal Services - Page 6
federal forum, then it shall be brought and conducted exclusively within the United States
District Court for Idaho.
17. Subject Employers. The Contractor, its subcontractors, if any, and all
employers working under this contract are subject employers under the Idaho Worker's
Compensation Law and shall comply with said law, which requires them to provide
worker's compensation coverage for all their subject workers.
18. Amendments. The terms ofthis Contract may be amended upon the mutual
consent of the parties. Contractor expressly agrees to amendments which may be
necessary from time to time to incorporate changes or provisions required by law or the
Division.
19. Severability. The terms ofthis Contract are severable and a determination by an
appropriate body having jurisdiction over the subject matter ofthis Contract that results
in the invalidity of any part, shall not affect the remainder of this Contract.
Dated
day of
, 2004.
WHITMAN & ASSOCIATES, INC.
~,... ~ 1 \~
BY:~~\~ ~ ~~
DAUNT WHITMAN, PRESIDENT
CITY OF MERIDIAN
BY:
TAMMY de WEERD, MAYOR
Attest:
WILLIAM G. BERG, JR., CITY CLERK
Whitman Contract for Personal Services - Page 7
STATE OF IDAHO, )
: ss:
County of Ada, )
On this d. t day of ~~ t.1\\.\at.'-." 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared DAUNT WHITMAN, known or
identified to me to be the President of Whitman & Associates, Inc., and whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same
for Whitman & Associates, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in tbis~e~rtificate first above written.
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STATE OF IDAHO, ) fume
(SEAL)
~\l--- ~ ~~
Not~ry pUbtor Idaho 0. ~
Residmg at. \>....\'\11- ~ ~
My Commission Expires: fJ-o"'cf1
: ss:
County of Ada, )
On this day of , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk,
respectively, for the City of Meridian, and the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same on behalf of the
City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
Whitman Contract for Personal Services - Page 8
EXHIBIT "A"
SERVICES TO BE PERFORMED BY WHITMAN & ASSOCIATES, INC.
1. Computerized Permit Tracking Program. Contractor shall provide data and
input into the City of Meridian's computerized Building Permit Tracking program. All
building permit applications received shall be entered into the program and each step of
the building permit process shall be entered into the computer as soon as possible
following completion of that step. Every reasonable attempt shall be made to keep all
entries current, however, the Building Permit Tracking program shall never be allowed to
become more than two working days behind the current status of each building permit.
2. Public Office. Contractor shall maintain regular business hours, or be available
by telephone, through the City of Meridian's Building Department located at 660 E.
Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00
pm, Monday through Friday, except holidays or as determined by the Building
Department. The City of Meridian agrees to provide office space, computers, telephone
system, and clerical staff, as may be necessary for Contractor to carry out the issuance of
permits, receiving and distributing stmctural inspection requests, public assistance, and/or
any other business transactions related to this contract that would need to be conducted
by the Building Official. If the Contractor desires additional services that are not here in
above provided by the City of Meridian, then those additional services shall be at the sole
cost and expense of the Contractor.
3. Coordination. Contractor shall mutually coordinate plan reviews with the City
Planning officials, Public Works officials and appropriate fire marshals. Field
inspections will verify and incorporate requirements of approved plan documents on
which permits are granted.
4. Conflicts. Contractor shall report to the Development Services Manager any
potential conflicts of interest it may have relative to a construction project.
5. Administration and Enforcement of Codes and City Ordinances. Contractor
shall enforce and comply with building provisions as may be codified or ordained by the
City.
Contractor shall assist the City in enforcing its planning and zoning ordinances, including
the Flood Plain ordinance, and other ordinances related to building sites, and building
uses. Contractor shall report to the City of Meridian Development Services Manager any
observed violations of the City's planning and zoning ordinances, or other ordinances of
which Contractor has knowledge as well as the current code adopted by the City of
Meridian.
6. Organization of Contractor. City shall be apprised in writing of Contractor's
corporate organization and name of Directors at all times. All personnel and
Exhibit "A" - Page 1
subcontractors will possess the appropriate inspection certifications. A list of personnel
assigned to perform duties under this contract will be given to the Development Services
Manager and updated in writing as any changes are made.
7. Performance of Services and Duties. Contractor, who is the Building Official,
shall ensure that he interprets all applicable codes reasonably and impartially. In
addition, Contractor shall ensure that all of its personnel and subcontractors perform all
duties required lmder this contract in a courteous and professional manner. Contractor is
directly responsible to, and reports to, the Development Services Manager.
8. Disaster and Emergency Within the City of Meridian. If an emergency,
natural disaster, enemy attack or other major incident exists within the City of Meridian,
Contractor shall perform initial damage assessment services on a pro-bono basis. These
services include, but may not be limited to: field assessment and inspections of damage
to private and public property, collect damage information, assist in the compilation of
damage assessment reports, assist in the completion of a disaster summary outline,
review building codes for possible improvements, and assimilate information on damage
to private, public structures and businesses and any other services for initial damage
assessment under the Ada COlmty Emergency Operations Plan - - Damage Assessment
Annex.
At the discretion ofthe City, any state and federal financial assistance to the City for the
above services will be applied for and paid to the Contractor.
9. Staffing Levels. Contractor agrees to staff this contract with sufficient
qualified personnel or subcontractors to allow City to provide timely inspections and
reviews of building projects in the City. The following performance standards are
expected:
Commercial plan review: 10 working days after receipt of complete
application.
Calls for inspections: 48 hours after receipt of phone call requesting
inspection.
Residential building permits: 10 working days after receipt of complete
application.
10. Mobile Communications. Contractor will provide its personnel, at its own
expense, and require its subcontractors to maintain at their own expense, cellular
telephones with voice messaging.o
Exhibit "A" - Page 2
December 17, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
December 21,2004
ITEM NO.
5-N
REQUEST Personal Services Contract between the Ci1y of Meridian and RIM!' Inc.
to provide mechanical inspection services and plan reviews for structures constructed within the
City of Meridian
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
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the CIty 0' Meridian.
PERSONAL SERVICES CONTRACT
BETWEEN:
CITY OF MERIDIAN, IDAHO, an Idaho Municipal
Corporation, hereinafter "City"
AND:
RIMI, INC., an Idaho corporation, hereinafter
"Contractor. "
DATED:
This _ day of
,2004.
PREMISES:
1. Whereas, the City of Meridian provides mechanical inspection services and plan
reviews for structures constructed within the City of Meridian; and
2. Whereas, the City desires to facilitate the provision of those services by using the
personal services of RIM I, Inc.; and
3. Whereas, the Contractor has been providing such services to the City and has
established a good reputation for the provision of such services, and is willing and
able to continue to provide such services; and
4. Whereas, the City is authorized to obtain, by contract, the services necessary to
conduct plan reviews and mechanical inspections.
NO"V, THEREFORE, the parties hereto agree as follows:
1. Term. This contract shall become effective on the 1 st day of October, ;woo.2004,
and unless earlier terminated or extended, shall expire on or before September 30,
;w{M2005.
2. Scope of Services. Contractor shall perform the necessary services in
accordance with the schedule as described on Exhibit "A" attached hereto and
herein incorporated by reference.
3. Compliance With Applicable Law. Contractor shall comply with all Federal,
state, city, and local laws and ordinances applicable to the work under this
contract, including, without limitation, the provisions of Idaho Administrative
Rules and the rules and inteJ1lretations of the Unifonn Intemational Mechanical
Code and the Unifonn Intemational Mechanical Code Standards, as well as all
code regulations as specified in the Meridian City Code and Ordinances.
H:\Contracts\RIMI Iuc Contract for Personal Services 1203
04.docC:\DOCUME 1 \smithg\LOC:\LS 1 \Temp\FJMI me. fOf Personal Scr;iccs Clean 07 20 04-.dee
Page 1
4. Reporting. Contractor agrees to prepare and furnish such reports and data as
may be required by the City. Contractor agrees to, and does hereby grant the City
the right to reproduce, use and disclose for City purposes, all or any part of the
reports, data, technical information and client information furnished to the City
under this contract. Any information or data which comes into possession of
Contractor in connection with services provided under tIus agreement shall
become City information and shall not be disclosed by Contractor to anyone
outside the City, unless the requester complies with the Idaho Public Records Act.
5. Records Maintenance; Access. Contractor agrees that services provided
under this contract by Contractor, facilities used in conjunction with such
services, client records, Contractor's policies, procedures, performance data,
f:ffi.a.aeta-l-Fee&l'EI&--€B1fIeffi1:-e-t-fl7H'eeeffis-and other similar documents and records
of Contractor that pertain, or may pertain, to services under this contract shall be
kept at the office space provided by City and shall be open for inspection by the
City, or its agents, at any reasonable time during business hours. Contractor
agrees to retain such records and documents for a period of ten years, or such
longer period as may be required by Idaho Code 2.. 50-907.
6. Payment of Contract and Inspection Fees shall be according to the value
placed on the building permit and based upon the following pay schedule:
(a) 75% of the permit fees for the first $30,000 in pennit fees collected
annually.
(b) 60% ofthe permit fees between $30,000 to $45,000 in permit fees
collected armually.
(c) 50% of the permit fees between $45,000 to $60,000 in permit fees
collected armually.
tEti.~-~t-fe~eR-$B.g,ooQ-te~,{)OO-i-frtJet=mit fees
ee1teeted annually;
f-e1@ 40% of the permit fees over $75,000$60.000 in permit fees collected
annually.
Notwithstanding the foregoing, whenever the Contractor's percentage of a permit
fee has a value of$1,000.00 or more, the inspection fee shall be negotiable
between the City of Meridian and the Contractor.
The City of Meridian agrees to provide office space, computers, telephone
system, inspection tags, permit notices, and clerical staff, as may be necessary for
Contractor to carry out the regulation of design, construction, quality of materials,
erection, installation, alteration, repair, location, relocation, replacement, addition
to, use of maintenance of heating, ventilating, cooling, refrigeration systems,
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Page 2
incinerators, or other miscellaneous heat-producing appliances, issuance of
permits, and collection of fees, and to carry out all of the regulations, provisions,
conditions and terms of the Uniform Mechanical Code and the Uniform
Mechanical Code Standards, public assistance, and/or any other business
transactions that would need to be conducted by the Mechanical Inspector that are
directly related to providing services under this contract. If the Contractor desires
additional services that are not here in above provided by the City of Meridian,
then those additional services shall be at the sole cost and expense of the
Contractor.
7. Termination
(a) All or part ofthis contract may be tenninated by mutual consent of both
parties in writing.
(b) If Rodney L. Medley ceases to act as the Mechanical Inspector for the City
of Meridian, as outlined in number 8 here in below, then this contract shall
immediately be terminated and become null and void.
(c) In addition, City may terminate or modify this contract, in whole or in
part, effective immediately upon delivery of written notice to Contractor, or at
such later date as may be established by City under the following conditions:
(i) If Federal or state regulations or guidelines are modified, changed,
or interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this contract;
(ii) If any professional license, insurance, bond or certificate required
by law, regulation or this contract to be held by Contractor to provide the services
required by this contract, is for any reason denied, revoked, suspended, or not
renewed;
(iii) If City has evidence that Contractor in the course of its duties
herein has endangered or is endangering the health and safety of clients, residents,
staff or the public;
(iv) Falsification of records by Contractor;
(v) Failure of the Contractor to comply with the provisions of this
contract and all applicable Federal, state or local laws and rules, including
applicable building and mechanical codes and Idaho Administrative Rules.
(vi) If Contractor fails to provide services as set forth in Exhibit "A";
(vii) If Contractor fails to provide services called for by this contract
within the times specified on Exhibit "A";
(viii) If Contractor or its agents engage in fraud, dishonesty, or any other
act of misconduct in the performance of this contract;
(ix) If continued or repeated justifiable, documented complaints are
made against Contractor or its agents for: (a) failure to provide services specified
on Exhibit "A"; or (b) perform their duties in a courteous and professional
manner;
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f-*-}----- If ContrJet&l~ee8ffietH.nsolYer...t or shouIEI--Te-hl:l'J:ttH=i-ly-e-f
i-wd:"*1:t1ttaR-1y-seel~et-iBi:H:lfleef{che.-ld-B.tte4-Sta1:es--Baftkf.l:lfJterG8ae;
(xi) If the City Council determines that termination of the contract is in
the best interests of the City.
(d) Time is of the essence of Contractor's performance of each and every
obligation and duty under this Agreement. City, by written notice to Contractor
of default or breach may terminate the whole or part of this contract:
(i) If Contractor fails to provide services called for by this contract
within the time specified herein or any extension thereof; or
(ii) If Contractor fails to perform any of the provisions of this contract,
or so fails to pursue the work as to endanger performance of this contract in
accordance with its terms, and after receipt of written notice from City fails to
correct such failures within 14 calendar days or other period as specified.
The rights and remedies provided above are not exclusive and are in addition to any other
rights and remedies provided by law or under this contract. A waiver by City of any
rights, remedies or provisions provided in this contract or by law, is not a waiver by City
of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in
one instance constitute a waiver in any other instance or constitute a continuing waiver.
City shall not have to reinstate any provisions ofthis contract following a waiver for the
provision to be effective in any other instance.
8. Designated Mechanical Inspection Official. RIMI, Inc. acknowledges that
Rodney 1. Medley is designated as the licensed Mechanical Inspector for Contractor,
with the primary responsibility for providing and performing all duties required under
this contract for the City of Meridian. If for any reason Rodney 1. Medley fails or ceases
to continue as the Mechanical Inspector for the City of Meridian, Contractor shall be
required to give notice to the City of Meridian.
9. Independent Contractor. Contractor is not an officer, employee or agent of
the City. Contractor is engaged as an independent contractor, and will be so deemed for
purposes of the following:
(a) Contractor will be responsible for payment of any Federal or state taxes
required as a result oftrus contract.
(b) Contractor is not entitled to any benefits generally granted to City
employees. Without limitation, but by way of illustration, the benefits which are
not intended to be extended by this contract to the Contractor are: vacation,
holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement
benefits.
(c) Contractor is an independent contractor for purposes of the Idaho
Worker's Compensation laws, and is solely liable for worker's compensation
coverage under this contract.
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Page 4
(d) Substantially all necessary tools, equipment, supplies and all other
administrative support expenses will be furnished by the Contractor, except the
following:
i. Administration support expenses
ii. Office space with furniture
iii. Computer systems, including software and printers
iv. Wired telephone system
v. Inspection tags and notices
(e) Contractor will not be eligible for any Federal Social Security, State
Workman's Compensation or unemployment insurance payment from the City or
charged to City's account.
(f) In the event a review by the United States Government, the State ofIdaho,
or any agency determines that this agreement constitutes an employee-employer
relationship, the Contractor agrees to reimburse City for all employment costs as a
result of that determination.
10. Subcontracts and Assignments; Successors in Interest To insure the
appropriate, uninterrupted, adequate and timely service to the residents of the City of
Meridian, Contractor shall not enter into any contracts or subcontracts for any of the
work required by this contract, or assign or transfer any of its interest in this contract,
without the prior written consent of the City. City may withhold its consent to
assignment, succession or other transfer of Contractor's rights and responsibilities under
this Contract, when City, in its reasonable discretion, determines that the proposed
assignment or transfer would not serve the bests interests of the citizens of Meridian.
The provisions of this contract shall be binding upon and shall inure to the benefit
of the parties hereto, and their respective successors and assigns, if any.
11. Transition. In the event this contract is terminated, or is not renewed or
extended, the parties agree that a period of transition will be necessary to assure adequate
protection of the public and continuity of service to contractors. Contractor agrees that
for ninety (90) days after termination of this agreement, it will provide such services as
are requested by City. During the ninety (90) day period, City will compensate
Contractor ~9$75.00 per hour for each hour worked. Contractor will submit detailed
billings, including time records containing: date, service, personnel information, and time
expended (recorded in one-quarter hour increments). Payment will be made no later than
the lStl1 of the month for billing statements submitted not later than the first day of that
month.
12. Insurance and Bonding.
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(a) General Liability Insurance. Contractor will have in place liability
coverage while serving the City pursuant to this contract. Contractor shall obtain
and, at all times, keep in effect comprehensive general liability insurance with a
combined single limit not less than $1,000,000 or the equivalent for property
damage and bodily injury or death per occurrence. In the event a unilateral
cancellation or restriction by the insurance company of the insurance policy
referred to in this paragraph, Contractor shall immediately notify City orally and
then in writing within three (3) days. City has the right to suspend portions or all
of the services, operations and duties due under this contract if Contractor's
general liability insurance is revoked, cancelled, expires or Contractor is
otherwise without general liability insurance. Contractor will be afforded a
reasonable time to obtain insurance. If Contractor can not obtain insurance within
a reasonable time, City may terminate this contract.
(b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's
expense, and maintain in effect during this Contract, Automobile Liability
Insurance with a combined single limit per occurrence of not less than $500,000.
In addition, Contractor shall obtain and maintain throughout the term of this
Contract, and any renewal thereof, Automobile Collision and Comprehensive
Insurance coverage on all vehicles owned or leased by Contractor which are used
to perform the service element under this contract. Collision and Comprehensive
coverage shall have amounts that will protect the interest of the City and
Contractor in case of damage or loss to vehicles while performing the services of
this Contract.
(c) Additional Insured. Contractor shall name the City, its officers,
employees, and agents as Additional Insured on any insurance policies required
herein only with respect to Contractor's activities being performed under this
Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued
by an insurance company licensed to do business in the State of Idaho (ACORD
Form 27), containing a 30-day Notice of Cancellation endorsement and shall be
forwarded to City.
(d) Error and Omission Insurance. Contractor shall maintain error and
omission or professional liability insurance for the services under this contract in
an amount not less than $500,000 per occurrence.
(e) Proof of Insurance. Certificates ofInsurance (ACORD Form 27 or
equivalent) shall be provided for all required coverages and furnished to t.fte
JlB.b.!te-Werks Director v:ith a c6fl-y-te-the City Clerk with a copy to the
Development Services Manager.
13. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the
City, its officers, employees, agents, and members, from all claims, suits, actions or costs
including attorney fees and costs of defense resulting from or arising out of the work
performed under this contract and arising from the sole or joint negligence of the
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Page 6
Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save,
hold harmless and indemnify Contractor from all claims, suits, actions or costs, including
attorney fees and costs of defense resulting or arising out of this contract and arising from
the sole negligence of City.
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g14. Nondiscrimination. Contractor agrees that it shall not discriminate against any
person in the performance of this contract, on the grounds of race, color, creed, national
origin, sex, marital status, disability or age.
+0 15. Attorney Fees. In the event an action, suit, or proceeding, including appeal
therefrom, is brought for failure to observe any of the terms of tbis contract, the non-
prevailing party shall be responsible for the prevailing party's attorney's fees, expenses,
costs, and disbursements for said action, suit, proceeding or appeal.
l-+ 16. Governing Law; Jurisdiction; Venne. This contract shall be governed and
construed in accordance with the laws of the State ofldaho without resort to any
jurisdiction's conflict oflaws rules or doctrines. Any claim, action, suit or proceeding
between the City and Contractor that arises from or relates to this contract shall be
brought and conducted solely and exclusively with the Fourth Judicial District Court of
Ada County for the State of Idaho. Provided, however, if the claim must be brought in a
federal forum, then it shall be brought and conducted exclusively within the United States
District Court for Idaho.
t-&u. Subject Employers. The Contractor, its subcontractors, if any, and all
employers working under this contract are subject employers under the Idaho Worker's
Compensation Law and shall comply with said law, which requires them to provide
worker's compensation coverage for all their subject workers.
1-9~. Amendments. The terms of this Contract may be amended upon the mutual
consent of the parties. Contractor expressly agrees to amendments which may be
necessary from time to time to incorporate changes or provisions required by law or the
Division.
:2-019. Severability. The terms ofthis Contract are severable and a determination by an
appropriate body having jurisdiction over the subject matter of this Contract that results
in the invalidity of any part, shall not affect the remainder of this Contract.
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Page 7
Dated
day of
, 2004.
RIMI, me.
RODNEY L. MEDLEY, PRESIDENT
CITY OF MERIDIAN
By:
TAMMY de WEERD, MAYOR
Attest:
WILLIAM G. BERG, JR., CITY CLERK
STATE OF IDAHO, )
: ss:
County of Ada, )
On this day of , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared Rodney L. Medley, lmown or
identified to me to be the President of RIM I, Inc., and whose name is subscribed to the
within instrument, and acknowledged to me that he executed the same for RIMI, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
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Page 8
STATE OF IDAHO, )
ss:
County of Ada) )
On this day of ) 2004, before me) the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G. BERG) JR., known or identified to me to be the Mayor and City Clerk)
respectively, for the City of Meridian, and the persons whose names are subscribed to the
within instrument) and acknowledged to me that they executed the same on behalf of the
City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
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Page 9
EXHIBIT "A"
SERVICES TO BE PERFORMED BY RlMI, INC.
1. Computerized Permit Tracking Program. Contractor shall provide data and
input into the City of Meridian's computerized Mechanical Pemit Tracking program.
All mechanical permit applications received shall be entered into the program and each
step of the mechanical pemit process shall be entered into the computer as soon as
possible following completion of that step. Every reasonable attempt shall be made to
keep all entries current, however, the Mechanical Permit Tracking program shall never be
allowed to become more than two working days behind the current status of each
mechanical permit.
2. Public Office. Contractor shall maintain regular business hours, or be available
by telephone, through the City of Meridian' s Building Department located at 660 E.
Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00
pm, Monday through Friday, except holidays or as determined by the Building
DepartmenL The City of Meridian agrees to provide office space, computers, telephone
system, and clerical staff, as may be necessary for Contractor to carry out the regulation
of design, construction, quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, use of maintenance of heating, ventilating,
cooling, refrigeration systems, incinerators, or other miscellaneous heat-producing
appliances, issuance ofpermits, and collection of fees, and to carry out all ofthe
regulations, provisions, conditions and terms of the ldmfeR.:R.-lntemational Mechanical
Code and the lJH-i..:fffi:tnlnternationaI Mechanical Code Standards, public assistance,
and/or any other business transactions related to this contract that would need to be
conducted by the Mechanical Inspector. If the Contractor desires additional services that
are not here in above provided by the City of Meridian, then those additional services
shall be at the sole cost and expense of the Contractor.
3. Coordination. Contractor shall mutually coordinate plan reviews with the
City Planning officials, Public Works officials and appropriate fire marshals. Field
inspections will verify and incorporate requirements of approved plan documents on
which permits are granted.
4. Conflicts. Contractor shall report to the ~Development Services
Gtreeter-Manager any potential conflicts of interest it may have relative to a construction
project.
5. Administration and Enforcement of Codes and City Ordinances. Contractor
shall enforce and comply with building provisions as may be codified or ordained by the
City.
Contractor shall assist the City in enforcing its planning and zoning ordinances, and other
ordinances related to mechanical sites, and mechanical uses. Contractor shall report to
the City of Meridian Fli..UU11B:g &. 06oHlag-Direet8FDevelop!1lent Servi<:es Manager any
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Page 1
observed violations of the City's planning and zoning ordinances, or other ordinances of
which Contractor has knowledge.
6. Organization of Contractor. City shall be apprised in writing of Contractor's
corporate organization and name of Directors at all times. All personnel and
subcontractors will possess the appropriate inspection certifications. A list of personnel
assigned to perform duties under this contract will be given to the ~
WerlESDevelop-ment Services 9ire&t&f-Manager and updated in writing as any changes
are made.
7. Performance of Services and Duties. Contractor, who is the Mechanical
Inspector, shall ensure that he interprets all applicable codes reasonably and impartially.
In addition, Contractor shall ensure that all of its personnel and subcontractors perform
all duties required under this contract in a courteous and professional manner. Contractor
is directly responsible to, and reports to, the f!.ttb.l.tc \VorlffiDevelopment Services
GireeffifMana!!er.
8. Disaster and Emergency Within the City of Meridian. If an emergency,
natural disaster, enemy attack or other major incident exists within the City of Meridian,
Contractor shall perform initial damage assessment services on a pro-bono basis. These
services include, but may not be limited to: field assessment and inspections of damage
to private and public property, collect damage information, assist in the compilation of
damage assessment reports, assist in the completion of a disaster summary outline,
review building codes for possible improvements, and assimilate information on damage
to private, public structures and businesses and any other services for initial damage
assessment under the Ada County Emergency Operations Plan - - Damage Assessment
Annex.
At the discretion of the City, any state and federal financial assistance to the City for the
above services will be applied for and paid to the Contractor.
9. Staffmg Levels. Contractor agrees to staff this contract with sufficient qualified
personnel or subcontractors to allow City to provide timely inspections and reviews of
mechanical projects in the City. The following performance standards are expected.
Commercial plan review: 10 working days after receipt of complete
application.
Calls for inspections: 48 hours after receipt of phone call requesting
inspection.
Residential permits: 10 working days after receipt of complete application.
10. Mobile Communications. Contractor will provide its personnel, at its own
expense, and require its subcontractors to maintain at their own expense, cellular
telephones with voice messaging.
11. Reporting. Contractor shall submit the following reports to the City on a
monthly basis:
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· Complete summary of all permits issued as to type and dollar
amount for that month and year to date; and
· Summary of all commercial mechanical permits issued that month
with business name and address.
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PERSONAL SERVICES CONTRACT
BETWEEN:
CITY OF MERIDIAN, IDAHO, an Idaho Municipal
Corporation, hereinafter "City"
AND:
RIMI, INC., an Idaho corporation, hereinafter
"Contractor. "
DATED:
This _ day of
,2004.
PREMISES:
1. Whereas, the City of Meridian provides mechanical inspection services and plan
reviews for structures constmcted within the City of Meridian; and
2. Whereas, the City desires to facilitate the provision of those services by using the
personal services ofRIMI, Inc.; and
3. Whereas, the Contractor has been providing such services to the City and has
established a good reputation for the provision of such services, and is willing and
able to continue to provide such services; and
4. Whereas, the City is authorized to obtain, by contract, the services necessary to
conduct plan reviews and mechanical inspections.
NOW, THEREFORE, the parties hereto agree as follows:
1. Term. This contract shall become effective on the 1st day of October, 2004, and
unless earlier terminated or extended, shall expire on or before September 30,
2005.
2. Scope of Services. Contractor shall perform the necessary services in
accordance with the schedule as described on Exhibit "A" attached hereto and
herein incorporated by reference.
3. Compliance With Applicable Law. Contractor shall comply with all Federal,
state, city, and local laws and ordinances applicable to the work under this
contract, including, without limitation, the provisions of Idaho Administrative
Rules and the mles and interpretations of the International Mechanical Code and
the International Mechanical Code Standards, as well as all code regulations as
specified in the Meridian City Code and Ordinances.
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Page 1
4. Reporting. Contractor agrees to prepare and fmnish such reports and data as
may be required by the City. Contractor agrees to, and does hereby grant the City
the right to reproduce, use and disclose for City purposes, all or any part of the
reports, data, technical information and client information furnished to the City
under this contract. Any information or data which comes into possession of
Contractor in connection with services provided under this agreement shall
become City information and shall not be disclosed by Contractor to anyone
outside the City, unless the requester complies with the Idaho Public Records Act.
5. Records Maintenance; Access. Contractor agrees that services provided
lmder this contract by Contractor, facilities used in conjunction with such
services, client records, Contractor's policies, procedures, performance data, and
other similar documents and records of Contractor that pertain, or may pertain, to
services lmder this contract shall be kept at the office space provided by City and
shall be open for inspection by the City, or its agents, at any reasonable time
during business hours. Contractor agrees to retain such records and documents
for a period of ten years, or such longer period as may be required by Idaho Code
~ 50-907.
6. Payment of Contract and Inspection Fees shall be according to the value
placed on the building permit and based upon the following pay schedule:
(a) 75% of the permit fees for the first $30,000 in permit fees collected
annually.
(b) 60% of the permit fees between $30,000 to $45,000 in permit fees
collected annually.
(c) 50% of the petroit fees between $45,000 to $60,000 in permit fees
collected annually.
(d) 40% ofthe permit fees over $60,000 in permit fees collected annually.
The City of Meridian agrees to provide office space, computers, telephone
system, inspection tags, permit notices, and clerical staff, as may be necessary for
Contractor to carry out the regulation of design, construction, quality of materials,
erection, installation, alteration, repair, location, relocation, replacement, addition
to, use of maintenance of heating, ventilating, cooling, refrigeration systems,
incinerators, or other miscellaneous heat-producing appliances, issuance of
permits, and collection of fees, and to carry out all of the regulations, provisions,
conditions and terms of the International Mechanical Code and the International
Mechanical Code Standards, public assistance, and/or any other business
transactions that would need to be conducted by the Mechanical Inspector that are
directly related to providing services under this contract. If the Contractor desires
additional services that are not here in above provided by the City of Meridian,
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then those additional services shall be at the sole cost and expense of the
Contractor.
7. Termination
(a) All or part of this contract may be terminated by mutual consent of both
parties in writing.
(b) If Rodney L. Medley ceases to act as the Mechanical Inspector for the City
of Meridian, as outlined in number 8 here in below, then this contract shall
inunediately be terminated and become null and void.
(c) In addition, City may terminate or modify this contract, in whole or in
part, effective inunediately upon delivery of written notice to Contractor, or at
such later date as may be established by City under the following conditions:
(i) If Federal or state regulations or guidelines are modified, changed,
or interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this contract;
(ii) If any professional license, insurance, bond or certificate required
by law, regulation or this contract to be held by Contractor to provide the
services required by this contract, is for any reason denied, revoked,
suspended, or not renewed;
(iii) If City has evidence that Contractor in the course of its duties
herein has endangered or is endangering the health and safety of clients,
residents, staff or the public;
(iv) Falsification of records by Contractor;
(v) Failure of the Contractor to comply with the provisions of this
contract and all applicable Federal, state or local laws and rules, including
applicable building and mechanical codes and Idaho Administrative Rules.
(vi) If Contractor fails to provide services as set forth in Exhibit "A";
(vii) If Contractor fails to provide services called for by this contract
within the times specified on Exhibit "A";
(viii) If Contractor or its agents engage in fraud, dishonesty, or any other
act of misconduct in the performance of this contract;
(ix) If continued or repeated justifiable, documented complaints are
made against Contractor or its agents for:
(a) failure to provide services specified on Exhibit "A"; or
(b) perform their duties in a courteous and professional manner;
(x) Ifthe City Council determines that termination of the contract is in
the best interests of the City.
(d) Time is ofthe essence of Contractor's performance of each and every
obligation and duty under this Agreement. City, by written notice to Contractor
of default or breach may terminate the whole or part of this contract:
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(i) If Contractor fails to provide services called for by this contract
within the time specified herein or any extension thereof; or
(ii) If Contractor fails to perform any of the provisions ofthis contract,
or so fails to pursue the work as to endanger performance of this contract in
accordance with its terms, and after receipt of written notice from City fails
to correct such failures within 14 calendar days or other period as specified.
The rights and remedies provided above are not exclusive and are in addition to any other
rights and remedies provided by law or under this contract. A waiver by City of any
rights, remedies or provisions provided in this contract or by law, is not a waiver by City
of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in
one instance constitute a waiver in any other instance or constitute a continuing waiver.
City shall not have to reinstate any provisions of this contract following a waiver for the
provision to be effective in any other instance.
8. Designated Mechanical Inspection Official. RTh1I, Inc. aclrnowledges that
Rodney L. Medley is designated as the licensed Mechanical Inspector for Contractor,
with the primary responsibility for providing and performing all duties required under
this contract for the City of Meridian. If for any reason Rodney L. Medley fails or ceases
to continue as the Mechanical Inspector for the City of Meridian, Contractor shall be
required to give notice to the City of Meridian.
9. Independent Contractor. Contractor is not an officer, employee or agent of
the City. Contractor is engaged as an independent contractor, and will be so deemed for
purposes of the following:
(a) Contractor will be responsible for payment of any Federal or state taxes
required as a result of this contract.
(b) Contractor is not entitled to any benefits generally granted to City
employees. Without limitation, but by way of illustration, the benefits which are
not intended to be extended by this contract to the Contractor are: vacation,
holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement
benefits.
( c) Contractor is an independent contractor for purposes of the Idaho
Worker's Compensation laws, and is solely liable for worker's compensation
coverage under this contract.
(d) Substantially all necessary tools, equipment, supplies and all other
administrative support expenses will be furnished by the Contractor, except the
following:
i. Administration support expenses
ii. Office space with furniture
iii. Computer systems, including software and printers
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iv. Wired telephone system
v. Inspection tags and notices
(e) Contractor will not be eligible for any Federal Social Security, State
Workman's Compensation or unemployment insurance payment from the City or
charged to City's account.
10. Subcontracts and Assignments; Successors in Interest To insure the
appropriate, uninterrupted, adequate and timely service to the residents of the City of
Meridian, Contractor shall not enter into any contracts or subcontracts for any of the
work required by this contract, or assign or transfer any ofits interest in this contract,
without the prior written consent ofthe City. City may withhold its consent to
assignment, succession or other transfer of Contractor's rights and responsibilities under
this Contract, when City, in its reasonable discretion, determines that the proposed
assignment or transfer would not serve the bests interests ofthe citizens of Meridian.
The provisions of this contract shall be binding upon and shall inure to the benefit
of the parties hereto, and their respective successors and assigns, if any.
11. Transition. In the event this contract is terminated, or is not renewed or
extended, the parties agree that a period of transition will be necessary to assure adequate
protection of the public and continuity of service to contractors. Contractor agrees that
for thirty (30) days after termination ofthis agreement, it will provide such services as are
requested by City. During the thirty (30) day period, City will compensate Contractor
$75.00 per hour for each hour worked. Contractor will submit detailed billings, including
time records containing: date, service, personnel information, and time expended
(recorded in one-quarter hour increments). Payment will be made no later than the 15th
of the month for billing statements submitted not later than the first day of that month.
12. Insurance and Bonding.
(a) General Liability Insurance. Contractor will have in place liability
coverage while serving the City pursuant to this contract. Contractor shall obtain
and, at all times, keep in effect comprehensive general liability insurance with a
combined single limit not less than $1,000,000 or the equivalent for property
damage and bodily injury or death per occurrence. In the event a unilateral
cancellation or restriction by the insurance company ofthe insurance policy
referred to in this paragraph, Contractor shall immediately notify City orally and
then in writing within three (3) days. City has the right to suspend portions or all
of the services, operations and duties due under this contract if Contractor's
general liability insurance is revoked, cancelled, expires or Contractor is
othetwise without general liability insurance. Contractor will be afforded a
reasonable time to obtain insurance. If Contractor can not obtain insurance within
a reasonable time, City may terminate this contract.
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(
(b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's
expense, and maintain in effect during this Contract, Automobile Liability
Insurance with a combined single limit per occurrence of not less than $500,000
naming the City of Meridian as an additional insured.
(c) Additional Insured. Contractor shall name the City, its officers,
employees, and agents as Additional Insured on any insurance policies required
herein only with respect to Contractor's activities being performed under this
Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued
by an insurance company licensed to do business in the State of Idaho (ACORD
Form 27), containing a 3 O-day Notice 0 f Cancellation endorsement and shall be
fOlwarded to City.
(d) Error and Omission Insurance. Contractor shall maintain error and
omission or professional liability insurance for the services under this contract in
an amount not less than $500,000 per occurrence.
(e) Worker's Compensation Insurance. Contractor shall maintain worker's
compensation insurance for the services under this contract.
(f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or
equivalent) shall be provided for aU required coverages and furnished to the City
Clerk with a copy to the Development Services Manager.
13. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the
City, its officers, employees, agents, and members, from all claims, suits, actions or costs
including attorney fees and costs of defense resulting from or arising out of the work
performed under this contract and arising from the sole or joint negligence ofthe
Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save,
hold harmless and indemnify Contractor from all claims, suits, actions or costs, including
attorney fees and costs of defense resulting or arising out of this contract and arising from
the sole negligence of City.
14. Nondiscrimination. Contractor agrees that it shall not discriminate against any
person in the performance of this contract, on the grounds of race, color, creed, national
origin, sex, marital status, disability or age.
15. Attorney Fees. In the event an action, suit, or proceeding, including appeal
therefrom, is brought for failure to observe any ofthe terms of this contract, the non-
prevailing party shall be responsible for the prevailing party's attorney's fees, expenses,
costs, and disbursements for said action, suit, proceeding or appeaL
16. Governing Law; Jurisdiction; Venue. This contract shall be governed and
construed in accordance with the laws of the State ofIdaho without resort to any
jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding
between the City and Contractor that arises from or relates to this contract shall be
H:\My Word Files\Building Dept\FY05 Contracts\RlMI Inc Contract for Personal Services.doc
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brought and conducted solely and exclusively with the Fourth Judicial District Court of
Ada County for the State ofIdaho. Provided, however, if the claim must be brought in a
federal forum, then it shall be brought and conducted exclusively within the United States
District Court for Idaho.
17. Subject Employers. The Contractor, its subcontractors, if any, and all
employers working under this contract are subject employers under the Idaho Worker's
Compensation Law and shall comply with said law, which requires them to provide
worker's compensation coverage for all their subject workers.
18. Amendments. The terms of this Contract may be amended upon the mutual
consent of the parties. Contractor expressly agrees to amendments which may be
necessary from time to time to incorporate changes or provisions required by law or the
Division.
19. Severability. The terms of this Contract are severable and a determination by an
appropriate body having jurisdiction over the subject matter of this Contract that results
in the invalidity of any part, shall not affect the remainder of this Contract.
Dated c2) day of Jk.. c....
, 2004.
RTh1I, INC.
CITY OF MERIDIAN
By:
TAMMY de WEERD, MAYOR
Attest:
WILLIAM G. BERG, JR., CITY CLERK
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Page 7
STATE OF IDAHO, )
: ss:
County of Ada, )
On this d I day o~t' ~ 'ffi..b L, 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared Rodney L. Medley, known or
identified to me to be the President ofRIMI, Inc., and whose name is subscribed to the
within instrument, and acknowledged to me that he executed the same for RIM!, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the 'day an4<~~...certificate first above written.
. ;~~ A. G~~
'~Y;..G8""oo~t~
"" ""'V 0'" . ~
J I ~OTA-R~ o~ \
(SEAL) = '* : ___ ~ * !
~ e ! m
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~ ~. .PUB1J': l I
~ -&: "" ,,\) tti
~ '.?> /J$ 00;9
~ .,<J ~ ........ ~v
'9###### 'l? 0 F \"0- ,,,'j ., , :
,.~".:~~....._ ......nll..'Ii}: _._~..:,:',,);,I
STATE OF IDAHO, )
: ss:
County of Ada, )
On this day of , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk,
respectively, for the City of Meridian, and the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same on behalf of the
City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
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Page 8
EXHIBIT "A"
SERVICES TO BE PERFORMED BY RIMI, INC.
1. Computerized Permit Tracking Program. Contractor shall provide data and
input into the City of Meridian's computerized Mechanical Permit Tracking program.
All mechanical permit applications received shall be entered into the program and each
step of the mechanical permit process shall be entered into the computer as soon as
possible following completion of that step. Every reasonable attempt shall be made to
keep all entries current, however, the Mechanical Permit Tracking program shall never be
allowed to become more than two working days behind the current status of each
mechanical permit.
2. Public Office. Contractor shall maintain regular business hours, or be available
by telephone, through the City of Meridian' s Building Department located at 660 E.
Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00
pm, Monday through Friday, except holidays or as determined by the Building
Department. The City of Meridian agrees to provide office space, computers, telephone
system, and clerical staff, as may be necessary for Contractor to carry out the regulation
of design, construction, quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, use of maintenance of heating, ventilating,
cooling, refrigeration systems, incinerators, or other miscellaneous heat-producing
appliances, issuance of permits, and collection of fees, and to carry out all of the
regulations, provisions, conditions and terms of the International Mechanical Code and
the International Mechanical Code Standards, public assistance, andJor any other business
transactions related to this contract that would need to be conducted by the Mechanical
Inspector. Ifthe Contractor desires additional services that are not here in above
provided by the City of Meridian, then those additional services shall be at the sole cost
and expense of the Contractor.
3. Coordination. Contractor shall mutually coordinate plan reviews with the
City Planning officials, Public Works officials and appropriate :fire marshals. Field
inspections will verify and incorporate requirements of approved plan documents on
which permits are granted.
4. Conflicts. Contractor shall report to the Development Services Manager any
potential conflicts of interest it may have relative to a construction project.
5. Administration and Enforcement of Codes and City Ordinances. Contractor
shall enforce and comply with building provisions as may be codified or ordained by the
City.
Contractor shall assist the City in enforcing its planning and zoning ordinances, and other
ordinances related to mechanical sites, and mechanical uses. Contractor shall report to
the City of Meridian Development Services Manager any observed violations ofthe
City's planning and zoning ordinances, or other ordinances of which Contractor has
knowledge.
Exhibit "A"
Page I
6. Organization of Contractor. City shall be apprised in writing of Contractor's
corporate organization and name of Directors at all times. All personnel and
subcontractors will possess the appropriate inspection certifications. A list of personnel
assigned to perform duties under this contract will be given to the Development Services
Manager and updated in writing as any changes are made.
7. Performance of Services and Duties. Contractor, who is the Mechanical
Inspector, shall ensure that he interprets all applicable codes reasonably and impartially.
In addition, Contractor shall ensure that all of its personnel and subcontractors perform
all duties required under this contract in a courteous and professional manner. Contractor
is directly responsible to, and reports to, the Development Services Manager.
8. Disaster and Emergency Within the City of Meridian. If an emergency,
natural disaster, enemy attack or other major incident exists within the City of Meridian,
Contractor shall perform initial damage assessment services on a pro-bono basis. These
services include, but may not be limited to: field assessment and inspections of damage
to private and public property, collect damage information, assist in the compilation of
damage assessment reports, assist in the completion of a disaster summary outline,
review building codes for possible improvements, and assimilate information on damage
to private, public structures and businesses and any other services for initial damage
assessment under the Ada County Emergency Operations Plan - - Damage Assessment
Annex.
At the discretion ofthe City, any state and federal financial assistance to the City for the
above services will be applied for and paid to the Contractor.
9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified
personnel or subcontractors to allow City to provide timely inspections and reviews of
mechanical projects in the City. The following performance standards are expected.
Commercial plan review: 10 working days after receipt of complete
application.
Calls for inspections: 48 hours after receipt of phone call requesting
inspection.
Residential permits: 10 working days after receipt of complete application.
10. Mobile Communications. Contractor will provide its personnel, at its own
expense, and require its subcontractors to maintain at their own expense, cellular
telephones with voice messaging.
Exhibit "A"
Page 2
December 17, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
December 21 , 2004
ITEM NO.
5-0
REQUEST Personal Services Contract between the City of Meridian and DMH Enterprises
to provide plumbing inspection services and plan reviews for structures constructed within the
City of Meridian
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 DE?T:
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
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
PERSONAL SERVICES CONTRACT
BETWEEN =
CITY OF MERIDIAN, IDAHO, an Idaho Municipal
Corporation, hereinafter "City"
AND:
b-\:'NO. INC.. DJ\IH ENTERPRiSES, an Idaho
corporation, hereinafter "Contractor,," 'I'\<ttf1-+lte-iffiftS--feF-e-f
8-\ffie~ef,his inspeefi-efreemp::my. Lyfl€h+fle;--t&a
fiee.R.5e4-f41:lfl=l:-l:7ing Inspector, Dennis Holte. -t&-6e-€'freett-V€
eR-J.a,Ruary 6.204'1, and at '.vhicb time L VND, INC. ltA4ef
ERe-fte-\\'--&wnership of Denni~-a IicenseEi-l4Hfl-w.llig
lR&j:lector, '.\lill t[llH~ over the remaining time of this contrUBt
~Eh~ties reEj-1:flred herein '\.','lt11 the-Gify-ef
1\4er~
DATED:
This _ day of
, 2004.
PREMISES:
1. Whereas, the City of Meridian provides plumbing inspection services and plan
reviews for structures constructed within the City of Meridian; and
2. Whereas, the City desires to facilitate the provision of those services by using the
personal services of b:r<a4;---i-fleDIVlH ENTERPRISES~; and
3. Whereas, the Contractor has been providing such services to the City and has
established a good reputation for the provision of such services, and is willing and
able to continue to provide such services; and
4. Whereas, the City is authorized to obtain, by contract, the services necessary to
conduct plan reviews and plumbing inspections.
NOW, THEREFORE, the parties hereto agree as follows;
1. Term. This contract shall become effective on the 1 st day of October, ~2004,
and unless earlier tenninated or extended, shall expire on or before September 30,
~2005.
2. Scope of Services. Contractor shall perform the necessary services in
accordance with the schedule as described on Exhibit "A" attached hereto and
herein incorporated by reference.
I be ~ ~..J!1lU:iliJ~ 12 J\Ht /;1'1 1..1; BJ? JUS ES . ~~mlJ:~cJ kQLt':; [".tlj1i\I.:;:'~J' g.s~ 1.'.: J1} lH~,d~l(
Page 1
3. Compliance With Applicable Law. Contractor shall comply with all Federal,
state, city, and local laws and ordinances applicable to the work under this
contract, including, without limitation, the provisions of Idaho Administrative
Rules and the rules and interpretations of the Uniform Plumbing Code and the
Uniform Plumbing Code Standards, as well as all code regulations as specified in
the Meridian City Code and Ordinances.
4. Reporting. Contractor agrees to prepare and furnish such reports and data as
may be required by the City. Contractor agrees to, and does hereby grant the City
the right to reproduce, use and disclose for City purposes, all or any part ofthe
reports, data, technical information and client information furnished to the City
under this contract. Any information or data which comes into possession of
Contractor in connection with services provided under this agreement shall
become City information and shall not be disclosed by Contractor to anyone
outside the City, unless the requester complies with the Idaho Public Records Act.
5. Records Maintenance; Access. Contractor agrees that services provided
under this contract by Contractor, facilities used in conjunction with such
services, client records, Contractor's policies, procedures, performance data,
financial records, corporate tax reeeres-and other similar documents and records
of Contractor that pertain, or may pertain, to services under this contract shall be
kept at the office space provided by City and shall be open for inspection by the
City, or its agents, at any reasonable time during business hours. Contractor
agrees to retain such records and documents for a period of ten years, or such
longer period as may be required by Idaho Code ~ 50-907.
6. Payment of Contract and Inspection Fees shall be according to the value
placed on the building p!umbin2 permit and based upon the following pay
schedule:
(a) 50% of the permit fees for the first $100,000 in permit fees collected
annually.
(b) 40% ofthe permit fees between $100,000 to $200,000 in pennit fees
collected annually.
(c) 30% ofthe pennit fees over $200,000 in permit fees collected annually.
(d) Upon permit reconciliation, ifthe number of fixtures on a residential
pemlit or the value of a commercial permit are under or over reported. the
difference will be adiusted and added or subtracted to the original permit
fee. were--BflGef-f8j.3efleG then--ttre-fflspeet-ErF--s-fl:.a.H.-reeei.ve~~the.fees
Effie--Hfl-te-a~0f fi ve ~}-aa4i-ti0fl&H~'€s. Any-at1tBtH'11-eeYBt1El-f:1-ve
(5) shal~~ea-By4Be C0i1a=aet&HtfiEl-1h~
I .k,.~~!l!.n!..'='.I:i1Jj\IH J::.N:{1KPR1Sb.~ (,n\rw':!.Jy!!-'.~rS\;I!~0;.:,t'nl~',:::,.I~(J)~;:Lsj~
Page 2
The City of Meridian agrees to provide office space, computers, telephone
system, inspection tags, permit notices, and clerical staff, as may be necessary for
Contractor to carry out the issuance of permits, collection of fees, of all building
or structures, and to carry out the regulations, provisions, conditions and terms of
the Uniform Plumbing Code and the Uniform Plumbing Code Standards, and
enforce all code regulations within the Meridian City Code and Meridian City
Ordinances for the City of Meridian, and/or any other business transactions that
would need to be conducted by the Plumbing Inspector that are directly related to
providing services under this contract. If the Contractor desires additional
services that are not here in above provided by the City of Meridian, then those
additional services shall be at the sole cost and expense of the Contractor.
7. Termination
(a) All or part oftrus contract may be terminated by mutual consent of both
parties in writing.
(b) If byaEl+l:eevefT&F-Dennis Holte when the ownership is transferrea
e#eeti-ve-January ~g4,ceases to act as the Plumbing Inspector for the City of
Meridian, as outlined in number 8 here in below, then this contract shall
immediately be terminated and become null and void.
(c) In addition, City may terminate or modify this contract, in whole or in
part, effective immediately upon delivery of written notice to Contractor, or at
such later date as may be established by City under the following conditions:
(i) If Federal or state regulations or guidelines are modified, changed,
or interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this contract;
(ii) If any professiona1license, insurance, bond or certificate required
by law, regulation or this contract to be held by Contractor to provide the services
required by this contract, is for any reason denied, revoked, suspended, or not
renewed;
(iii) If City has evidence that Contractor in the course of its duties
herein has endangered or is endangering the health and safety of clients, residents,
staff or the public;
(iv) Falsification of records by Contractor;
(v) Failure ofthe Contractor to comply with the provisions of this
contract and all applicable Federal, state or local laws and rules, including
applicable building codes and Idaho Administrative Rules.
(vi) If Contractor fails to provide services as set forth in Exhibit "A";
(vii) If Contractor fails to provide services called for by this contract
within the times specified on Exhibit "A";
(viii) If Contractor or its agents engage in fraud, dishonesty, or any other
act of misconduct in the performance of this contract;
, ~~~L uWr~~?D.!\IH tl':L[tlz.f:'f.-J..~~~~rIJ1G!YIJQLPSC5UJkt12g.\KS:,:::U ();tU~L.>!Y...,.
Page 3
(ix) If continued or repeated justifiable, documented complaints are
made against Contractor or its agents for: (a) failure to provide services specified
on Exhibit "A"; or (b) perform their duties in a courteous and professional
manner;
(-*:1- I f CtH"1t-l'0el8r-&ee0ffl~~ltSeWeH+H'f-&hEH:lkl--'<'MH~'''-Bf
k}\'oluntarily-see.lrj7~~H~ed States -Bafl!tt\:1f}te)~.GE'4e:
-~----(xi) If the City Council determines that termination of the contract is in
the best interests of the City.
(d) Time is ofthe essence of Contractor's performance of each and every
obligation and duty under this Agreement. City, by written notice to Contractor
of default or breach, may tenninate the whole or part of this contract:
(i) If Contractor fails to provide services called for by this contract
within the time specified herein or any extension thereof; or
(ii) If Contractor fails to perform any of the provisions of this contract,
or so fails to pursue the work as to endanger performance ofthis contract in
accordance with its terms, and after receipt of written notice from City fails to
correct such failures within 14 calendar days or other period as specified.
The rights and remedies provided above are not exclusive and are in addition to any other
rights and remedies provided by law or under this contract. A waiver by City of any
rights, remedies or provisions provided in this contract or by law, is not a waiver by City
of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in
one instance constitute a waiver in any other instance or constitute a continuing waiver.
City shall not have to reinstate any provisions oftms contract following a waiver for the
provision to be effective in any other instance.
8. Designated Plumbing Inspector.byn~DMH ENTERPRISES
acknowledges that Lynd HoevcwDennis Holt is designated as the licensed Plumbing
Inspector with the primary responsibility for providing and performing all duties required
under this contract for the City of Meridian until January ~@01 when Dennis Holte
~eOOt'f1e--the Plumbil1'; Ifl:St3eeffif. !ffor anYreas&F1 Lynd !{e.e.veF, une UpOfl transfer
e-few-flefShip to Dem:>>-s-He-I:te-6ffee#ve January 6, 2904, Dennis Holte fails or ceases to
continue as the Plumbing Inspector for the City of Meridian, Contractor shall be required
to give notice to the City of Meridian. This Conh'uct may be assigned by Lynd, Inc. to
&ennis Holte, or an entitJH3ontrollod by Dennis Holte. In order for such assignmeflH.e-.e.e
effeetiv€-tt-t1'H:iSt-be aecepted by tho City and the Assignee ml:lst agree--te-l7~e
tenDS ofthis CetltFa-et-;
9, Independent Contractor. Contractor is not an officer, employee or agent of
the City. Contractor is engaged as an independent contractor, and will be so deemed for
purposes of the following:
(a) Contractor will be responsible for payment of any Federal or state taxes
required as a result oftms contract.
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Page 4
(b) Contractor is not entitled to any benefits generally granted to City
employees. Without limitation, but by way of illustration, the benefits which are
not intended to be extended by this contract to the Contractor are: vacation,
holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement
benefits.
(c) Contractor is an independent contractor for purposes of the Idaho
Worker's Compensation laws, and is solely liable for worker's compensation
coverage under this contract.
(d) Substantially all necessary tools, equipment, supplies and all other
administrative support expenses will be furnished by the Contractor, except the
following:
1. Administration support expenses
11. Office space with furniture
111. Computer systems, including software and printers
IV. Wired telephone system
v. Inspection tags and notices
(e) Contractor will not be eligible for any Federal Social Security, State
Worlanan's Compensation or unemployment insurance payment from the City or
charged to City's account.
(1) In the event a review by the United States Government, the State ofIdaho,
or any agency determines that this agreement constitutes an employee-employer
relationship, the Contractor agrees to reimburse City for all employment costs as a
result of that determination.
10. Subcontracts and Assignments; Successors in Interest To insure the
appropriate, uninterrupted, adequate and timely service to the residents of the City of
Meridian, Contractor shall not enter into any contracts or subcontracts for any of the
work required by this contract, or assign or transfer any of its interest in this contract,
without the prior written consent of the City. City may withhold its consent to
assignment, succession or other h-ansfer of Contractor's rights and responsibilities under
this Contract, when City, in its reasonable discretion, determines that the proposed
assignment or transfer would not serve the bests interests of the citizens of Meridian.
The provisions of this contract shall be binding upon and shall inure to the benefit
ofthe parties hereto, and their respective successors and assigns, if any.
11. Transition. In the event this contract is terminated, or is not renewed or
extended, the parties agree that a period of transition will be necessary to assure adequate
protection ofthe public and continuity of service to contractors. Contractor agrees that
for ninety (90) days after termination of this agreement, it will provide such services as
are requested by City. During the ninety (90) day period, City will compensate
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Page 5
Contractor $75.00 per hour for each hour worked. Contractor will submit detailed
billings, including time records containing: date, service, personnel infonnation, and time
expended (recorded in one-quarter hour increments). Payment will be made no later than
the 15th of the month for billing statements submitted not later than the first day of that
month.
12. Insurance and Bonding.
(a) General Liability Insurance. Contractor will have in place liability
coverage while serving the City pursuant to this contract. Contractor shall obtain
and, at all times, keep in effect comprehensive general liability insurance with a
combined single limit not less than $1,000,000 or the equivalent for property
damage and bodily injury or death per occurrence. In the event a unilateral
cancellation or restriction by the insurance company ofthe insurance policy
referred to in this paragraph, Contractor shall inunediately notify City orally and
then in writing within three (3) days. City has the right to suspend portions or all
of the services, operations and duties due under this contract if Contractor's
general liability insurance is revoked, cancelled, expires or Contractor is
otherwise without general liability insurance. Contractor will be afforded a
reasonable time to obtain insurance. If Contractor can not obtain insurance within
a reasonable time, City may terminate this contract.
(b) Automobile Liability Insurance and Workman's Compensation Insurance.
Contractor shall obtain, at Contractor's expense, and maintain in effect during this
Contract, Automobile Liability Insurance with a combined single limit per
occurrence of not less than $500,000. In addition, Contractor shall obtain and
maintain throughout the term oftms Contract, and any renewal thereof,
Automobile Collision and Comprehensive Insurance coverage on all vehicles
owned or leased by Contractor which are used to perform the service element
under this contract. Collision and Comprehensive coverage shall have amounts
that will protect the interest of the City and Contractor in case of damage or loss
to vehicles while performing the services of this Contract. Additionally, the
Contractor shall carry Workman's Compensation Insurance.
(c) Additional Insured. Contractor shall name the City, its officers,
employees, and agents as Additional Insured on any insurance policies required
herein only with respect to Contractor's activities being perfonned under this
Contract. Such insurance shall be evidenced by a Certificate ofInsurance, issued
by an insurance company licensed to do business in the State ofIdaho (ACORD
Form 27), containing a 30-day Notice of Cancellation endorsement and shall be
forwarded to City.
(d) Error and Omission Insurance. Contractor shall maintain error and
omission or professional liability insurance for the services under this contract in
an amount not less than $500,000.
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Page 6
(e) Proof of Insurance. Certificates ofInsurance (ACORD Form 27 or
equivalent) shall be provided for all required coverages and furnished to the
~~-9-.iTee-tef-vl"-itR~*eE}~4e-tlte-City Clerk with a cORY to the
Development Service Mana~er.
13. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the
City, its officers, employees, agents, and members, from all claims, suits, actions or costs
including attorney fees and costs of defense resulting from or arising out of the work
performed under this contract and arising from the sole or joint negligence of the
Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save,
hold harmless and indemnify Contractor from all claims, suits, actions or costs, including
attorney fees and costs of defense resulting or arising out ofthis contract and arising from
the sole negligence of City.
+~ Finaneial Aumt-and Accounting Proecdurcs. Gentraotor shull provide City
wit-lt-al+ f>ertinent financial dUtu unEl 6EH:'p8ffite tax returns asre~~
~effl*Ued to oon8-1:l€t un auEl#-e-f-a.ny-aRd all ofContfflet8Fs-Hnanciul cWa-aHRe-~
8*j7eflBe.
~ l:!:. Nondiscrimination. Contractor agrees that it shall not discriminate against any
person in the performance of this contract, on the grounds of race, color, creed, national
origin, sex, marital status, disability or age.
t-e l~. Attorney Fees. In the event an action, suit, or proceeding, including appeal
therefrom, is brought for failure to observe any of the terms of this contract, the non-
prevailing party shall be responsible for the prevailing party's attorney's fees, expenses,
costs, and disbursements for said action, suit, proceeding or appeal.
~lQ., Governing Law; Jurisdiction; Venue. This contract shall be governed and
construed in accordance with the laws of the State ofIdaho without resort to any
jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding
between the City and Contractor that arises from or relates to this contract shall be
brought and conducted solely and exclusively with the Fourth Judicial District Court of
Ada County for the State ofIdaho. Provided, however, if the claim must be brought in a
federal forum, then it shall be brought and conducted exclusively within the United States
District Court for Idaho.
-l:-811. Subject Employers. The Contractor, its subcontractors, if any, and all
employers working under this contract are subject employers under the Idaho Worker's
Compensation Law and shall comply with said law, which requires them to provide
worker's compensation coverage for all their subject workers.
WH. Amendments. The terms of this Contract maybe amended upon the mutual
consent of the parties. Contractor expressly agrees to amendments which may be
necessary from time to time to incorporate changes or provisions required by law or the
Division.
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Page 7
:t-919. Severability. The terms of this Contract are severable and a determination by an
appropriate body having jurisdiction over the subject matter of this Contract that results
in the invalidity of any part, shall not affect the remainder of this Contract.
Dated
day of
,2004.
L YND. ING.DMH ENTERPRISES
~DENNIS HOLTE,
PRESIDENT
CITY OF MERIDIAN
BY:
TAMMY de WEERD, MAYOR
Attest:
WILLIAM G. BERG, JR., CITY CLERK
A-N-Q
gFFEer:lVE ON JJ\N/\URY 6, 200t!, THE TRANSFER OF O\\LNERSHIP FROM
L YND HOCW-flR OF L YN-9-;-fNc. TO THE NEW QWN-BRSHIP OF DENNIS HOLTE
OF L YND, IN~'.
AJ2I2ROVED:
APPROVED by City Council
TAM}."!'! de WEERD, ~
Attest:
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Page 8
WILLlAM ~~~G-l-1-'.)::""~
STATE OF IDAHO, )
: ss:
County of Ada, )
On tbis day of , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared LVND HOQV-%RDENNlS
HOLTE, known or identified to me to be the President of Lynd, f.ReDMH
ENTERPRISES;, and whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same for byfu.4,-ffie:DMH ENTERPRISES.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in tbis certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Connnission Expires:
STATE OF IDAHO, )
: ss:
County of Ada, )
On this day of ,2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G.BERG, JR., Imown or identified to me to be the Mayor and City Clerk,
respectively, for the City of Meridian, and the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same on behalf ofthe
City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
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Page 9
Residing at:
My Conunission Expires:
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Page 10
EXHIBIT "A"
SERVICES TO BE PERFORMED BY L YND, INC.
1. Computerized Permit Tracking Program. Contractor shall provide data and
input it into the City of Meridian's computerized Plumbing Permit Tracking program.
All plumbing permit applications received shall be entered into the program and each
step ofthe plumbing permit process shall be entered into the computer as soon as
possible following completion ofthat step. Every reasonable attempt shall be made to
keep all entries current, however, the Plumbing Permit Tracking program shall never be
allowed to become more than two working days behind the current status of each
building permit.
2. Public Office. Contractor shall maintain regular business hours, or be available
by telephone, through the City of Meridian's Building Department located at 660 E.
Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00
pm, Monday through Friday, except holidays or as determined by the Building
Department. The City of Meridian agrees to provide office space, computers, telephone
system, and clerical staff, as may be necessary for Contractor to carry out the issuance of
permits, collection of fees, of all building or structures, and to carry out the regulations,
provisions, conditions and terms ofthe Uniform Plumbing Code and the Uniform
Plumbing Code Standards, and enforce all code regulations within the Meddian City
Code and Meridian City Ordinances for the City of Meridian, and/or any other business
transactions related to this contract that would need to be conducted by the Plumbing
Inspector. If the Contractor desires additional services that are not here in above
provided by the City of Meridian, then those additional services shall be at the sole cost
and expense of the Contractor.
3. Coordination. Contractor shall mutually coordinate plan reviews with the
City Planning officials, Public Works officials and appropriate fire marshals. Field
inspections will verify and incorporate requirements of approved plan documents on
which permits are granted.
4. Conflicts. Contractor shall report to the Public \V0'l4ffiDevelopmeni Services
GtreeteT-Manager any potential conflicts of interest it may have relative to a constmction
project.
5. Administration and Enforcement of Codes and City Ordinances. Contractor
shall enforce and comply with building provisions as may be codified or ordained by the
City.
Contractor shall assist the City in enforcing its planning and zoning ordinances, including
the Flood Plain ordinance, and other ordinances related to plumbing sites, and plumbing
uses as well as the current code adopted by the City of Meridian. Contractor shall report
to the Gi~~:f-Nlel.'iffi.~1aflfT~l'l.g--&--b&1-1i:-Hg DireetBi'Development Services Manager any
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Page 1
observed violations of the City's planning and zoning ordinances, or other ordinances of
which Contractor has knowledge.
6. Organization of Contractor. City shall be apprised in writing of Contractor's
corporate organization and name of Directors at all times. All persoooel and
subcontractors will possess the appropriate inspection certifications. A list of persoooel
assigned to perform duties under this contract will be given to theP-W:rl+e
\VorksDevelopment Services Dlrettor Manager and updated in writing as any changes
are made.
7. Performance of Services and Duties. Contractor, who is the Plumbing
Official, shall ensure that he interprets all applicable codes reasonably and impartially.
In addition, Contractor shall ensure that all of its personnel and subcontractors perform
all duties required under this contract in a courteous and professional maooer. Contractor
is directly responsible to, and reports to, the Public WorksDevelopment Services
9tfe6tefManager.
8. Disaster and Emergency Within the City of Meridian. If an emergency,
natural disaster, enemy attack or other major incident exists within the City of Meridian,
Contractor shall perform initial damage assessment services on a pro-bono basis. These
services include, but may not be limited to: field assessment and inspections of damage
to private and public property, collect damage information, assist in the compilation of
damage assessment reports, assist in the completion of a disaster summary outline,
review building codes for possible improvements, and assimilate information on damage
to private, public structures and businesses and any other services for initial damage
assessment under the Ada County Emergency Operations Plan - - Damage Assessment
Annex.
At the discretion of the City, any state and federal financial assistance to the City for the
above services will be applied for and paid to the Contractor.
9. Staffmg Levels. Contractor agrees to staff this contract with sufficient qualified
personnel or subcontractors to allow City to provide timely inspections and reviews of
building projects in the City. The following performance standards are expected:
Commercial plan review: 10 working days after receipt of
complete application.
Calls for inspections: 48 hours after receipt of phone call
requesting inspection.
Residential plumbing permits: 10 working days after receipt of
complete application.
10. Mobile Communications. Contractor will provide its personnel, at its own
expense, and require its subcontractors to maintain at their own expense, cellular
telephones with voice messaging.
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Page 2
11. Reporting. Contractor shall submit the following reports to the City on a
monthly basis:
· Complete summary of all permits issued as to type and dollar
amount for that month and year to date: and
· Summary of all commercial plumbing permits issued that month
with business name and address.
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Page 3
PERSONAL SERVICES CONTRACT
BETWEEN:
CITY OF MERIDIAN, IDAHO, an Idaho Municipal
Corporatio~ hereinafter "City"
AND:
DMH ENTERPRISES, an Idaho bimited~biability
Company, hereinafter "Contractor."
DATED:
This _ day of
,2004.
PREMISES:
1. Whereas, the City of Meridian provides plumbing inspection services and plan
reviews for structures constructed within the City of Meridian; and
2. Whereas, the City desires to facilitate the provision of those services by using the
personal services ofDMH Enterprises and
3. Whereas, the Contractor has been providing such services to the City and has
established a good reputation for the provision of such services, and is willing and
able to continue to provide such services; and
4. Whereas, the City is authorized to obtain, by contract, the services necessary to
conduct plan reviews and plumbing inspections.
NOW, THEREFORE, the parties hereto agree as follows:
1. Term. This contract shall become effective on the 1 st day of October, 2004, and
unless earlier terminated or extended, shall expire on or before September 30,
2005.
2. Scope of Services. Contractor shall perform the necessary services in
accordance with the schedule as described on Exhibit "A" attached hereto and
herein incorporated by reference.
3. Compliance With Applicable Law. Contractor shall comply with all Federal,
state, city, and local laws and ordinances applicable to the work under this
contract, including, without limitation, the provisions ofIdaho Administrative
Rules and the rules and interpretations of the Uniform Plumbing Code and the
Uniform Plumbing Code Standards, as well as all code regulations as specified in
the Meridian City Code and Ordinances.
DMH ENTERPRlSES Contract for Personal Services - Page 1
4. Reporting. Contractor agrees to prepare and furnish such reports and data as
may be required by the City. Contractor agrees to, and does hereby grant the City
the right to reproduce, use and disclose for City purposes, all or any part of the
reports, data, technical information and client information furnished to the City
under this contract. Any information or data which comes into possession of
Contractor in connection with services provided under this agreement shall
become City information and shall not be disclosed by Contractor to anyone
outside the City, unless the requester complies with the Idaho Public Records Act.
5. Records Maintenance; Access. Contractor agrees that services provided
under this contract by Contractor, facilities used in conjunction with such
services, client records, Contractor's policies, procedures, performance data, and
other similar docmnents and records of Contractor that pertain, or may pertain, to
services under this contract shall be kept at the office space provided by City and
shall be open for inspection by the City, or its agents, at any reasonable time
during business hours. Contractor agrees to retain such records and documents
for a period often years, or such longer period as may be required by Idaho Code
~ 50-907.
6. Payment of Contract and Inspection Fees shall be according to the value
placed on the plumbing permit and based upon the following pay schedule:
(a) 50% ofthe permit fees for the first $100,000 in permit fees collected
annually.
(b) 40% of the permit fees between $100,000 to $200,000 in permit fees
collected annually.
(c) 30% ofthe pennit fees over $200,000 in permit fees collected annually.
(d) Upon permit reconciliation, if the nmnber of fixtures on a residential
permit or the value of a commercial permit are under or over reported, the
difference will be adjusted and added or subtracted to the original permit
fee.
The City of Meridian agrees to provide office space, computers, telephone
system, inspection tags, permit notices, and clerical staff, as may be necessary for
Contractor to carry out the issuance of permits, collection of fees, of all building
or structures, and to carry out the regulations, provisions, conditions and tenus of
the Uniform Plumbing Code and the Uniform Plumbing Code Standards, and
enforce all code regulations within the Meridian City Code and Meridian City
Ordinances for the City of Meridian, and/or any other business transactions that
would need to be conducted by the Plumbing Inspector that are directly related to
providing services under this contract. If the Contractor desires additional
services that are not here in above provided by the City of Meridian, then those
additional services shall be at the sole cost and expense of the Contractor.
DMH ENTERPRISES Contract for Personal Services - Page 2
7. Termination
(a) All or part of this contract may be terminated by mutual consent of both
parties in writing.
(b) If Dennis Holte ceases to act as the Plumbing Inspector for the City of
Meridian, as outlined in number 8 here in below, then this contract shall
immediately be terminated and become null and void.
(c) In addition, City may terminate or modify this contract, in who Ie or in
part, effective immediately upon delivery of written notice to Contractor, or at
such later date as may be established by City under the following conditions:
(i) If Federal or state regulations or guidelines are modified, changed,
or interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this contract;
(ii) If any professional license, insurance, bond or certificate required
by law, regulation or this contract to be held by Contractor to provide the services
required by trus contract, is for any reason denied, revoked, suspended, or not
renewed;
(iii) If City has evidence that Contractor in the course of its duties
herein has endangered or is endangering the health and safety of clients, residents,
staff or the public;
(iv) Falsification of records by Contractor;
(v) Failure of the Contractor to comply with the provisions of this
contract and all applicable Federal, state or local laws and rules, including
applicable building codes and Idaho Administrative Rules.
(vi) If Contractor fails to provide services as set forth in Exhibit "A";
(vii) If Contractor fails to provide services called for by this contract
within the times specified on Exhibit "A";
(viii) If Contractor or its agents engage in fraud, dishonesty, or any other
act of misconduct in the performance oftrus contract;
(ix) If continued or repeated justifiable, documented complaints are
made against Contractor or its agents for: (a) failure to provide services specified
on Exhibit "A"; or (b) perform their duties in a courteous and professional
manner;
(x) If the City Council determines that termination of the contract is in
the best interests ofthe City.
(d) Time is of the essence of Contractor's performance of each and every
obligation and duty under this Agreement. City, by written notice to Contractor
of default or breach, may terminate the whole or part of this contract:
(i) If Contractor fails to provide services called for by this contract
within the time specified herein or any extension thereof; or
DMH ENTERPRISES Contract for Personal Services - Page 3
(ii) If Contractor fails to perform any of the provisions ofthis contract,
or so fails to pursue the work as to endanger performance of this contract in
accordance with its terms, and after receipt of written notice from City fails to
correct such failures within 14 calendar days or other period as specified.
The rights and remedies provided above are not exclusive and are in addition to any other
rights and remedies provided by law or under this contract. A waiver by City of any
rights, remedies or provisions provided in this contract or by law, is not a waiver by City
of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in
one instance constitute a waiver in any other instance or constitute a continuing waiver.
City shall not have to reinstate any provisions of this contract following a waiver for the
provision to be effective in any other instance.
8. Designated Plumbing Inspector. DMH ENTERPRISES acknowledges that
Dennis Holte is designated as the licensed Plumbing Inspector with the primary
responsibility for providing and performing all duties required under this contract for the
City of Meridian. If for any reason Dennis Holte fails or ceases to continue as the
Plumbing Inspector for the City of Meridian, Contractor shall be required to give notice
to the City of Meridian.
9. Independent Contractor. Contractor is not an officer, employee or agent of
the City. Contractor is engaged as an independent contractor, and will be so deemed for
purposes of the following:
(a) Contractor will be responsible for payment of any Federal or state taxes
required as a result of this contract.
(b) Contractor is not entitled to any benefits generally granted to City
employees. Without limitation, but by way of illustration, the benefits which are
not intended to be extended by this contract to the Contractor are: vacation,
holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement
benefits.
(c) Contractor is an independent contractor for purposes of the Idaho
Worker's Compensation laws, and is solely liable for worker's compensation
coverage under this contract.
(d) Substantially all necessary tools, equipment, supplies and all other
administrative support expenses will be furnished by the Contractor, except the
following:
1. Administration support expenses
n. Office space with furniture
Ill. Computer systems, including software and printers
IV. Wired telephone system
v. Inspection tags and notices
DMH ENTERPRISES Contract for Personal Services - Page 4
(e) Contractor will not be eligible for any Federal Social Security, State
Workman's Compensation or unemployment insurance payment from the City or
charged to City's account.
10. Subcontracts and Assignments; Successors in Interest To insure the
appropriate, uninterrupted, adequate and timely service to the residents ofthe City of
Meridian, Contractor shall not enter into any contracts or subcontracts for any of the
work required by this contract, or assign or transfer any of its interest in this contract,
without the prior written consent of the City. City may withhold its consent to
assignment, succession or other transfer of Contractor's rights and responsibilities under
this Contract, when City, in its reasonable discretion, determines that the proposed
assignment or transfer would not serve the bests interests of the citizens of Meridian.
The provisions of this contract shall be binding upon and shall inure to the benefit
of the parties hereto, and their respective successors and assigns, if any.
11. Transition. In the event this contract is terminated, or is not renewed or
extended, the parties agree that a period of transition will be necessary to assure adequate
protection ofthe public and continuity of service to contractors. Contractor agrees that
for thirty (30) days after termination ofthis agreement, it will provide such services as are
requested by City. During the thirty (30) day period, City will compensate Contractor
$75.00 per hour for each hour worked. Contractor will submit detailed billings, including
time records containing: date, service, personnel information, and time expended
(recorded in one-quarter hour increments). Payment will be made no later than the 15th
of the month for billing statements submitted not later than the first day of that month.
12. Insurance and Bonding.
(a) General Liability Insurance. Contractor will have in place liability
coverage while serving the City pursuant to this contract. Contractor shall obtain
and, at all times, keep in effect comprehensive general liability insurance with a
combined single limit not less than $1,000,000 or the equivalent for property
damage and bodily injury or death per occurrence. In the event a unilateral
cancellation or restriction by the insurance company ofthe insurance policy
referred to in this paragraph, Contractor shall immediately notify City orally and
then in writing within three (3) days. City has the right to suspend portions or all
of the services, operations and duties due under this contract if Contractor's
general liability insurance is revoked, cancelled, expires or Contractor is
otherwise without general liability insurance. Contractor will be afforded a
reasonable time to obtain insurance. If Contractor can not obtain insurance within
a reasonable time, City may terminate this contract.
(b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's
expense, and maintain in effect during this Contract, Automobile Liability
Insurance with a combined single limit per occurrence of not less than $500,000
naming the City of Meridian as an additional insured.
DMH ENTERPRISES Contract for Personal Services ~ Page 5
(c) Additional Insured. Contractor shall name the City, its officers,
employees, and agents as Additional Insured on any insurance policies required
herein only with respect to Contractor's activities being performed under this
Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued
by an insurance company licensed to do business in the State of Idaho (ACORD
Form 27), containing a 30-day Notice of Cancellation endorsement and shall be
forwarded to City.
(d) Error and Omission Insurance. Contractor shall maintain error and
omission or professional liability insurance for the services under this contract in
an amount not less than $500,000.
(e) Worker's Compensation Insurance. Contractor shall maintain worker's
compensation insurance for the services under this contract.
(f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or
equivalent) shall be provided for all required coverages and furnished to the City
Clerk with a copy to the Development Service Manager.
13. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the
City, its officers, employees, agents, and members, from all claims, suits, actions or costs
including attorney fees and costs of defense resulting from or arising out of the work
performed under this contract and arising from the sole or joint negligence of the
Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save,
hold harmless and indemnify Contractor from all claims, suits, actions or costs, including
attorney fees and costs of defense resulting or arising out oftms contract and arising from
the sole negligence of City.
14. Nondiscrimination. Contractor agrees that it shall not discriminate against any
person in the performance of this contract, on the grounds ofrace, color, creed, national
origin, sex, marital status, disability or age.
15. Attorney Fees. In the event an action, suit, or proceeding, including appeal
therefrom, is brought for failure to observe any of the terms ofthis contract, the non-
prevailing party shall be responsible for the prevailing party's attorney's fees, expenses,
costs, and disbursements for said action, suit, proceeding or appeal.
16. Governing Law; Jurisdiction; Venue. This contract shall be governed and
construed in accordance with the laws of the State of Idaho without resort to any
jurisdiction's conflict oflaws, rules or doctrines. Any claim, action, suit or proceeding
between the City and Contractor that arises from or relates to this contract shall be
brought and conducted solely and exclusively with the Fourth Judicial District Court of
Ada County for the State ofIdaho. Provided, however, if the claim must be brought in a
federal forum, then it shall be brought and conducted exclusively within the United States
District Court for Idaho.
DMH ENTERPRISES Contract for Personal Services - Page 6
17. Subject Employers. The Contractor, its subcontractors, if any, and all
employers working under this contract are subject employers under the Idaho Worker's
Compensation Law and shall comply with said law, which requires them to provide
worker's compensation coverage for all their subject workers.
18. Amendments. The terms of this Contract may be amended upon the mutual
consent ofthe parties. Contractor expressly agrees to amendments which may be
necessary from time to time to incorporate changes or provisions required by law or the
Division.
19. Severability. The terms ofthis Contract are severable and a determination by an
appropriate body having jurisdiction over the subject matter of this Contract that results
in the invalidity of any part, shall not affect the remainder of this Contract.
Dated ;), D day of 1>-e c- emb-efL
,2004.
DMH ENTERPRISES
~
DENNIS HOLTE, PRESIDENT
CITY OF MERIDIAN
BY:
TAMMY de WEERD, MAYOR
Attest:
WILLIAM G. BERG, JR, CITY CLERK
DMH ENTERPRlSES Contract for Personal Services - Page 7
STATE OF IDAHO, )
: ss:
County of Ada, )
On this 8\ day o~u\~~"---' , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared DENNIS HOLTE, known or
identified to me to be the President ofDMH ENTERPRlSES, and whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same
for DMH ENTERPRlSES.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the dflY pud yej1bifutl:Ji~eiiific;ate first above written.
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otary pubr forIdaho
Residing at:
My Commission Expires:
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STATE OF IDAHO, )
: ss:
County of Ada, )
On this day of , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk,
respectively, for the City of Meridian, and the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same on behalf of the
City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
DMH ENTERPRISES Contract for Personal Services ~ Page 8
EXHIBIT" A"
SERVICES TO BE PERFORMED BY DMH ENTERPRISES
1. Computerized Permit Tracking Program. Contractor shall provide data and
input it into the City of Meridian's computerized Plumbing Permit Tracking program.
All plumbing permit applications received shall be entered into the program and each
step of the plumbing permit process shall be entered into the computer as soon as
possible following completion of that step. Every reasonable attempt shall be made to
keep all entries current, however, the Plumbing Permit Tracking program shall never be
allowed to become more than two working days behind the current status of each
plumbing permit.
2. Public Office. Contractor shall maintain regular business hours, or be available
by telephone, through the City of Meridian's Building Department located at 660 E.
Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00
pm, Monday through Friday, except holidays or as determined by the Building
Department. The City of Meridian agrees to provide office space, computers, telephone
system, and clerical staff, as may be necessary for Contractor to carry out the issuance of
permits, collection of fees, of all building or structures, and to carry out the regulations,
provisions, conditions and terms ofthe Uniform Plumbing Code and the UnifOlm
Plumbing Code Standards, and enforce all code regulations within the Meridian City
Code and Meridian City Ordinances for the City of Meridian, and/or any other business
transactions related to this contract that would need to be conducted by the Plumbing
Inspector. If the Contractor desires additional services that are not here in above
provided by the City of Meridian, then those additional services shall be at the sole cost
and expense of the Contractor.
3. Coordination. Contractor shall mutually coordinate plan reviews with the
City Planning officials, Public Works officials and appropriate fire marshals. Field
inspections will verify and incorporate requirements of a?proved plan documents on
which pennits are granted.
4. Conflicts. Contractor shall report to the Development Services Manager any
potential conflicts of interest it may have relative to a construction project.
5. Administration and Enforcement of Codes and City Ordinances. Contractor
shall enforce and comply with building provisions as may be codified or ordained by the
City.
Contractor shall assist the City in enforcing its planning and zoning ordinances, including
the Flood Plain ordinance, and other ordinances related to plumbing sites, and plumbing
uses as well as the current code adopted by the City of Meridian. Contractor shall report
to the Development Services Manager any observed violations of the City's planning and
zoning ordinances, or other ordinances of which Contractor has knowledge.
Exhibit "A" - Page 1
6. Organization of Contractor. City shall be apprised in writing of Contractor's
corporate organization and name of Directors at all times. All personnel and
subcontractors will possess the appropriate inspection certifications. A list of personnel
assigned to perform duties under this contract will be given to the Development Services
Manager and updated in writing as any changes are made.
7. Performance of Services and Duties. Contractor, who is the Plumbing
Official, shall ensure that he interprets all applicable codes reasonably and impartially.
In addition, Contractor shall ensure that all of its personnel and subcontractors perform
all duties required under this contract in a courteous and professional manner. Contractor
is directly responsible to, and reports to, the Development Services Manager.
8. Disaster and Emergency Within the City of Meridian. If an emergency,
natural disaster, enemy attack or other major incident exists within the City of Meridian,
Contractor shall perform initial damage assessment services on a pro-bono basis. These
services include, but may not be limited to: field assessment and inspections of damage
to private and public property, collect damage information, assist in the compilation of
damage assessment reports, assist in the completion of a disaster summary outline,
review building codes for possible improvements, and assimilate information on damage
to private, public structures and businesses and any other services for initial damage
assessment under the Ada County Emergency Operations Plan - - Damage Assessment
Annex.
At the discretion of the City, any state and federal financial assistance to the City for the
above services will be applied for and paid to the Contractor.
9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified
personnel or subcontractors to allow City to provide timely inspections and reviews of
building projects in the City. The following performance standards are expected:
Commercial plan review: 10 working days after receipt of
complete application.
Calls for inspections: 48 hours after receipt of phone call
requesting inspection.
Residential plumbing permits: 10 working days after receipt of
complete application.
10. Mobile Communications. Contractor will provide its personnel, at its own
expense, and require its subcontractors to maintain at their own expense, cellular
telephones with voice messaging.
Exhibit "A" - Page 2
December 17,2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
December 21 , 2004
ITEM NO.
5-'
REQUEST Personal Services Contract between the City of Meridian and Harold's Electric, Co.
to provide electrical inspection services for structures constructed within the City of Meridian
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
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
PERSONAL SERVICES CONTRACT
BETWEEN:
CITY OF lVIERIDIAN, IDAHO, an Idaho Municipal
Corporation, hereinafter "City"
AND:
HAROLD'S ELECTRIC CO., INe., an Idaho
corporation, hereinafter "Contractor~." with the transfer of
the ownership of his inspection company. Harold's Electric
Co.. Inc. to a licensed electrical inspector. Harold Welch, to
be effective January L 2005. and at which time Harold's
Electric under the new ownership of Harold Welch. a
licensed electrical inspector. will take over the remaining
time o[t11is contract including all duties required herein
with the City of Meridian.
DATED:
This day of
, 2004.
PREMISES:
1. Whereas, the City of Meridian provides electrical inspection services for
structures constructed within the City of Meridian; and
2. Whereas, the City desires to facilitate the provision of those services by using the
personal services of Harold's Electric Co., Inc.; and
3. Whereas, the Contractor has been providing such services to the City and has
established a good reputation for the provision of such services, and is willing and
able to continue to provide such services; and
4. Whereas, the City is authorized to obtain, by contract, the services necessary to
conduct plan reviews and electrical inspections.
NOW, THEREFORE, the parties hereto agree as follows:
1. Term. This contract shall become effective on the 1 st day of October, ~3.z004,
and unless earlier terminated or extended, shall expire on or before September 30,
;60042005.
2. Scope of Services. Contractor shall perform the necessary services in
accordance with the schedule as described on Exhibit "A" attached hereto and
herein incorporated by reference.
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3. Compliance With Applicable Law. Contractor shall comply with all Federal,
state, city, and local laws and ordinances applicable to the work under this
contract, including, without limitation, the provisions of Idaho Administrative
Rules and the rules and interpretations of the National Electrical Code and
National Electrical Code Standards, as well as all code regulations as specified in
the Meridian City Code and Ordinances.
4. Reporting. Contractor agrees to prepare and furnish such reports and data as
may be required by the City. Contractor agrees to, and does hereby grant the City
the right to reproduce, use and disclose for City purposes, all or any part of the
reports, data, teclmical information and client information furnished to the City
under this contract. Any information or data which comes into possession of
Contractor in connection with services provided under this agreement shall
become City information and shall not be disclosed by Contractor to anyone
outside the City, unless the requester complies with the Idaho Public Records Act.
5. Records Maintenance; Access. Contractor agrees that services provided
under this contract by Contractor, facilities used in conjunction with such
services, client records, Contractor's policies, procedures, performance data,
fi.t.:\a-Retat-ree0fEls,~te-J:a7H'eeerds-and other similar documents and records
of Contractor that pertain, or may pertain, to services under this contract shall be
kept at the office space provided by City and shall be open for inspection by the
City, or its agents, at any reasonable time during business hours. Contractor
agrees to retain such records and documents for a period of ten years, or such
longer period as may be required by Idaho Codei50-907.
6. Payment of Contract and Inspection Fees shall be according to the value
placed on the building permit and based upon the following pay schedule:
(a) 50% of all commercial permit fees collected annually.
(b) 50% ofthe residential permit fees for the first $49-;;909$80,000 in permit
fees collected annually.
(c) 40% of the residential permit fees from $40;-900$80,000 on up in permit
fees collected annually.
The City of Meridian agrees to provide office space, computers, telephone
system, inspection tags, permit notices, and clerical staff, as may be necessary for
Contractor to regulate the installation of electrical service in all buildings or
structures, issuance of permits and collection of fees, and to carry out the
regulations, provisions, conditions and terms of the National Electrical Code and
the National Electrical Code Standards, and enforce all code regulations within
the Meridian City Code and Meridian City Ordinances for the City of Meridian,
and/or any other business transactions that would need to be conducted by the
Electrical Inspector that are directly related to providing services under this
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contract. If the Contractor desires additional services that are not here in above
provided by the City of Meridian, then those additional services shall be at the
sole cost and expense of the Contractor.
7. Termination
(a) All or part of this contract may be terminated by mutual consent of both
parties in writing.
(b) If Harold Hudson..QLHarold Welch. when the ownership IS transferred
effective Janl!arv L 2005 ceases to act as the Electrical Inspector for the City of
Meridian) as outlined in number 8 here in below) then this contract shall be
immediately terminated and become null and void.
(c) In additio~ City may terminate or modifY this contract) in whole or in
part, effective immediately upon delivery of written notice to Contractor, or at
such later date as may be established by City under the following conditions:
(i) If Federal or state regulations or guidelines are modified) changed,
or interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this contract;
(ii) If any professional license, insurance) bond or certificate required
by law, regulation or this contract to be held by Contractor to provide the services
required by this contract) is for any reason denied, revoked, suspended, or not
renewed;
(iiO If City has evidence that Contractor in the course of its duties
herein has endangered or is endangering the health and safety of clients, residents,
staff or the public;
(iv) Falsification of records by Contractor;
(v) Failure of the Contractor to comply with the provisions ofthis
contract and all applicable Federal, state or local laws and rules, including
applicable building codes and Idaho Administrative Rules.
(vi) If Contractor fails to provide services as set forth in Exhibit "A";
(vii) If Contractor fails to provide services called for by this contract
within the times specified on Exhibit "A";
(viii) If Contractor or its agents engage in fraud) dishonesty) or any other
act of misconduct in the performance of this contract;
(ix) If continued or repeated justifiable, documented complaints are
made against Contractor or its agents for: (a) failure to provide services specified
on Exhibit "A"; or (b) perform their duties in a courteous and professional
manner;
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(xi) lfthe City Council determines that termination of the contract is in
the best interests of the City.
(d) Time is of the essence of Contractor's performance of each and every
obligation and duty under this Agreement. City, by written notice to Contractor
of default or breach may terminate the whole or part of this contract:
(i) If Contractor fails to provide services called for by this contract
within the time specified herein or any extension thereof; or
(ii) If Contractor fails to perform any of the provisions of this contract,
or so fails to pursue the work as to endanger performance of this contract in
accordance with its terms, and after receipt of written notice from City fails to
correct such failures within 14 calendar days or other period as specified.
The rights and remedies provided above are not exclusive and are in addition to any other
rights and remedies provided by law or under this contract. A waiver by City of any
rights, remedies or provisions provided in this contract or by law, is not a waiver by City
of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in
one instance constitute a waiver in any other instance or constitute a continuing waiver.
City shall not have to reinstate any provisions of this contract following a waiver for the
provision to be effective in any other instance.
8. Designated Electrical Official. Harold's Electric Co., Inc. acknowledges that
Harold Hudson is designated as the licensed Electrical Inspector with the primary
responsibility for providing and performing all duties required under this contract for the
City of Meridian until January 1, 2005 when HaroldWelch shall become the Eledrical
Inspector.. If for any reason Harold Hudson. and upou transfer of ownership of Harold
Welch effective Januar.x L 2005, fails or ceases to continue as the Electrical Inspector
for the City of Meridian, Contractor shall be required to give notice of the City of
Meridian. This Contract may be assigned by Harold's Electric Co., Inc. to Harold Welch,
or an entity controlled by Harold Welch. In order for such assignment to be effective it
must be accepted by the City and the Assignee must agree to be bound by the tenus of
this contract,
9. Independent Contractor. Contractor is not an officer, employee or agent of
the City. Contractor is engaged as an independent contractor, and will be so deemed for
purposes of the following:
(a) Contractor will be responsible for payment of any Federal or state taxes
required as a result of this contract.
(b) Contractor is not entitled to any benefits generally granted to City
employees. Without limitation, but by way of illustration, the benefits which are
not intended to be extended by this contract to the Contractor are: vacation,
holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement
benefits.
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(c) Contractor is an independent contractor for purposes of the Idaho
Worker's Compensation laws, and is solely liable for worker's compensation
coverage under this contract
(d) Substantially all necessary tools, equipment, supplies and all other
administrative support expenses will be furnished by the Contractor, except the
following:
i. Administration support expenses
ii. Office space with furniture
iii.Computer systems, including software and printers
iv. Wired telephone system
v. Inspection tags and notices
(e) Contractor will not be eligible for any Federal Social Security, State
WorIanan's Compensation or unemployment insurance payment from the City or
charged to City's account.
(f) In the event a review by the United States Government, the State ofIdaho,
or any agency determines that this agreement constitutes an employee-employer
relationship, the Contractor agrees to reimburse City for all employment costs as a
result of that determination.
10. Subcontracts and Assignments; Successors in Interest To insure the
appropriate, unintermpted, adequate and timely service to the residents of the City of
Meridian, Contractor shall not enter into any contracts or subcontracts for any ofthe
work required by this contract, or assign or transfer any of its interest in this contract,
without the prior written consent of the City. City may withhold its consent to
assignment, succession or other transfer of Contractor's rights and responsibilities under
this Contract, when City, in its reasonable discretion, determines that the proposed
assignment or transfer would not serve the bests interests of the citizens of Meridian.
The provisions of this contract shall be binding upon and shall inure to the benefit
of the parties hereto, and their respective successors and assigns, if any.
11. Transition. In the event this contract is tenninated, or is not renewed or
extended, the parties agree that a period of transition will be necessary to assure adequate
protection of the public and continuity of service to contractors. Contractor agrees that
for ninety (90) days after termination of this agreement, it will provide such services as
are requested by City. During the ninety (90) day period; City will compensate
Contractor $75.00 per hour for each hour worked. Contractor will submit detailed
billings, including time records containing: date, service, personnel information, and time
expended (recorded in one-quarter hour increments). Payment will be made no later than
the 15th ofthe month for billing statements submitted not later than the first day ofthat
month.
12. Insurance and Bonding.
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(a) General Liability Insurance. Contractor will have in place liability
coverage while serving the City pursuant to this contract. Contractor shall obtain
and, at all times, keep in effect comprehensive general liability insurance with a
combined single limit not less than $1,000,000 ptr occurrence or the equivalent
for property damage and bodily injury or death. In the event a unilateral
cancellation or restriction by the insurance company of the insurance policy
referred to in this paragraph, Contractor shall immediately notify City orally and
then in writing within three (3) days. City has the right to suspend portions or all
of the services, operations and duties due under this contract if Contractor's
general liability insurance is revoked, cancelled, expires or Contractor is
othelWise without general liability insurance. Contractor will be afforded a
reasonable time to obtain insurance. If Contractor can not obtain insurance within
a reasonable time, City may terminate this contract.
(b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's
expense, and maintain in effect during this Contract, Automobile Liability
Insurance with a combined single limit per occurrence of not less than $500,000.
In addition, Contractor shall obtain and maintain throughout the term of this
Contract, and any renewal thereof, Automobile Collision and Comprehensive
Insurance coverage on all vehicles owned or leased by Contractor which are used
to perform the service element under this contract. Collision and Comprehensive
coverage shall have amounts that will protect the interest of the City and
Contractor in case of damage or loss to vehicles while performing the services of
this Contract.
(c) Additional Insured. Contractor shall name the City, its officers,
employees, and agents as Additional Insured on any insurance policies required
herein only with respect to Contractor's activities being performed under this
Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued
by an insurance company licensed to do business in the State of Idaho (ACORD
Form 27), containing a 30-dayNotice of Cancellation endorsement and shall be
fOlWarded to City.
(d) Error and Omission Insurance. Contractor shall maintain error and
omission or professional liability insurance for the services under this contract in
an amount not less than $500,000 per occunence.
(e) Proof of Insurance. Certificates ofInsurance (ACORD Form 27 or
equivalent) shall be provided for all required coverages and furnished to t-he
~ \Vorks Direet:or ':.'it11 a c8f:3TEe-tfie-City Clerk with a coPY to the
DeveloRl11ent Services Manager.
13. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the
City, its officers, employees, agents, and members, from all claims, suits, actions or costs
including attorney fees and costs of defense resulting from or arising out of the work
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performed under this contract and arising from the sole or joint negligence of the
Contractor. Likewise, subject to the limits ofthe Idaho Torts Claims Act, City shall save,
hold harmless and indemnify Contractor from all claims, suits, actions or costs, including
attorney fees and costs of defense resulting or arising out of this contract and arising from
the sole negligence of City.
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f-3-d~ Nondiscrimination. Contractor agrees that it shall not discriminate against any
person in the performance of this contract, on the grounds of race, color, creed, national
origin, sex, marital status, disability or age.
-I-e-:-Q Attorney Fees. In the event an action, suit, or proceeding, including appeal
therefrom, is brought for failure to observe any ofthe tenus of this contract, the non-
prevailing party shall be responsible for the prevailing party's attorney's fees, expenses,
costs, and disbursements for said action, suit, proceeding or appeal.
.j-.:h16. Governing Law; Jurisdiction; Venue. This contract shall be governed and
construed in accordance with the laws of the State of Idaho without resort to any
jurisdiction's conflict onaws rules or doctrines. Any claim, action, suit or proceeding
between the City and Contractor that arises from or relates to this contract shall be
brought and conducted solely and exclusively with the Fourth Judicial District Court of
Ada County for the State ofIdaho. Provided, however, ifthe claim must be brought in a
federal forum, then it shall be brought and conducted exclusively within the United States
District Court for Idaho.
1--&11 Subject Employers. The Contractor, its subcontractors, if any, and all
employers working under this contract are subject employers under the Idaho Worker's
Compensation Law and shall comply with said law, which requires them to provide
worker's compensation coverage for all their subject workers.
f-9.:.l...[, Amendments. The terms of this Contract may be amended upon the mutual
consent of the parties. Contractor expressly agrees to amendments which may be
necessary from time to time to incorporate changes or provisions required by law or the
Division.
~~ Severability. The terms ofthis Contract are severable and a determination by an
appropriate body having jurisdiction over the subject matter of this Contract that results
in the invalidity of any part, shall not affect the remainder of this Contract.
Dated
day of
,2004.
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HAROLD'S ELECTRIC CO., INe.
HAROLD HUDSON, PRESIDENT
~
HAROLD WELCH. PRESIDENT
As of Jmmary 1,2005
CITY OF MERIDIAN
TAMMY de WEERD, MAYOR
Attest
WILLIAM G. BERG, JR.
CITY CLERK - CITY OF MERIDIAN
AND
EFFECTIVE ON JANUARY L 2004, THE TRANSFER OF OWNERSHiP FROM
HAROLD HUDSON OF HAROLD'S ELECTRIC CO., INe. TO THE NEW
OWNERSHIP OF HAROLD WELCH OF HAROLD'S ELECTRIC CO., INC'.
APPROVED:
APPROVED by City Council
.
TAMMY de WEERD, MAYOR
Attest:
WILLIAM G. BERG. JR. CITY CLERK
81' ATE OF IDAHO, )
: ss:
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County of Ada, )
On this day of , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared HAROLD HUDSON, known or
identified to me to be the President of Harold's Electric Co., Inc., and whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same
for Harold's Electric Co., Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
ST ATE OF IDAHO. )
: ss:
County of Ada, ---1
On this day at . , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared HAROLD WELCH, known or
identified to me to be the President of Harold's Electric Co., inc., as of Januaryl.. 2005
and whose name is subscribed to the within instrument, and,acknowledged tome that he
executed the same tor Harold's Electric Co., Inc.
iN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO, )
5S:
County of Ada, )
On this day of ,2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
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WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk,
respectively, for the City of Meridian, and the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same on behalf of the
City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
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EXHIBIT "A"
SERVICES TO BE PERFORMED BY HAROLD'S ELECTRIC CO., INC.
1. Computerized Permit Tracking Program. Contractor shall provide data and
input into the City of Meridian' s computerized Electrical Pennit Tracking program. All
electrical penuit applications received shall be entered into the program and each step of
the electrical pennit process shall be entered into the computer as soon as possible
following completion of that step. Every reasonable attempt shall be made to keep all
entries current, however, tpe Electrical Permit Tracking program shall never be allowed
to become more than two working days behind the current status of each electrical
pennit.
2. Public Office. Contractor shall maintain regular business hours, or be
available by telephone, through the City of Meridian's Building Department located at
660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am
to 5:00 pm, Monday through Friday, except holidays or as determined by the Building
Department. The City of Meridian agrees to provide office space, computers, telephone
system, and clerical staff, as may be necessary for Contractor to regulate the installation
of electrical service in all buildings or structures, issuance of permits and collection of
fees, and to carry out the regulations, provisions, conditions and terms of the National
Electrical Code and the National Electrical Code Standards, and enforce all code
regulations within the Meridian City Code and Meridian City Ordinances for the City of
Meridian, and/or any other business transactions related to this contract that would need
to be conducted by the Electrical Inspector. Ifthe Contractor desires additional services
that are not here in above provided by the City of Meridian, then those additional services
shall be at the sole cost and expense of the Contractor.
3. Coordination. Contractor shall mutually coordinate plan reviews with the City
Planning officials, Public Works officials and appropriate fire marshals. Field
inspections will verify and incorporate requirements of approved plan documents on
which pennits are granted.
4. Conflicts. Contractor shall report to the Pt:tooe-\\4:l'fh:s DireeterDevelopment
Services Manager any potential conflicts of interest it may have relative to a construction
project.
5. Administration and Enforcement of Codes and City Ordinances. Contractor
shall enforce and comply with building provisions as may be codified or ordained by the
City.
Contractor shall assist the City in enforcing its planning and zoning ordinances, including
the Flood Plain ordinance, and other ordinances related to electrical sites, and electrical
uses. Contractor shall report to the City of Meridian f4.a-nniaf; &.;?;e-R-iTrg
9tfeetBfDevelopment Services Manager any observed violations of the City's planning
and zoning ordinances, or other ordinances of which Contractor has knowledge.
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6. Organization of Contractor. City shall be apprised in writing of Contractor's
corporate organization and name of Directors at all times. All personnel and
subcontractors will possess the appropriate inspection certifications. A list of personnel
assigned to perform duties under this contract will be given to the PttI3ft€
WerlffiDevelopment Services Gtreetef-Manager and updated in writing as any changes
are made.
7. Performance of Services and Duties. Contractor, who is the Electrical Official,
shall ensure that he interprets all applicable codes reasonably and impartially. In
addition, Contractor shall ensure that all of its personnel and subcontractors perform all
duties required under this contract in a courteous and professional manner. Contractor is
directly responsible to, and reports to, the P-i:tl7lic \VorksDevelopment Services
f)ffeeffifManager.
8. Disaster and Emergency Within the City of Meridian. If an emergency,
natural disaster, enemy attack or other major incident exists within the City of Meridian,
Contractor shall perform initial damage assessment services on a pro-bono basis. These
services include, but may not be limited to: field assessment and inspections of damage
to private and public property, collect damage information, assist in the compilation of
damage assessment reports, assist in the completion of a disaster summary outline,
review building codes for possible improvements, and assimilate information on damage
to private, public structures and businesses and any other services for initial damage
assessment under the Ada County Emergency Operations Plan - - Damage Assessment
Annex.
At the discretion ofthe City, any state and federal financial assistance to the City for the
above services will be applied for and paid to the Contractor.
9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified
personnel or subcontractors to allow City to provide timely inspections and reviews of
building projects in the City. The following performance standards are expected:
Commercial plan review: 10 working days after receipt of complete
application.
Calls for inspections: 48 hours after receipt of phone call requesting
inspection.
Residential electrical permits: 10 working days after receipt of complete
application.
10. Mobile Communications. Contractor will provide its personnel, at its own
expense, and require its subcontractors to maintain at their own expense, cellular
telephones with voice messaging.
11. Reporting. Contractor shall submit the following repolis to the City on a
monthly basis:
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e Complete summary of all permits issued as to type and dollar
amount for that month and year to date; and
e Summary of all commercial electrical permits issued that month
with business name and address.
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~~(:~~Bi-'l~ Page 3
PERSONAL SERVICES CONTRACT
BETWEEN:
CITY OF MERIDIAN, IDAHO, an Idaho Municipal
Corporation, hereinafter "City"
AND:
HAROLD'S ELECTRIC CO., INC., an Idaho
corporation, hereinafter "Contractor," with the transfer of
the ownership of his inspection company, Harold's Electric
Co., Inc. to a licensed electrical inspector, Harold Welch, to
be effective January 1, 2005, and at which time Harold's
Electric under the new ownership of Harold Welch, a
licensed electrical inspector, will take over the remaining
time of this contract including all duties required herein
with the City of Meridian.
DATED:
This _ day of
, 2004.
PREMISES:
1. Whereas, the City of Meridian provides electrical inspection services for
stmctures constmcted within the City of Meridian; and
2. Whereas, the City desires to facilitate the provision of those services by using the
personal services of Harold's Electric Co., Inc.; and
3. Whereas, the Contractor has been providing such services to the City and has
established a good reputation for the provision of such services, and is willing and
able to continue to provide such services; and
4. Whereas, the City is authorized to obtain, by contract, the services necessary to
conduct plan reviews and electrical inspections.
NOW, THEREFORE, the parties hereto agree as follows:
1. Term. This contract shall become effective on the 1 st day of October, 2004, and
unless earlier terminated or extended, shall expire on or before September 30,
2005.
2. Scope of Services. Contractor shall perform the necessary services in
accordance with the schedule as described on Exhibit "A" attached hereto and
herein incorporated by reference.
H:\My Word Files\Building Dept\FY05 Contracts\Harold's Elec Contract for Personal Services FINAL.doc
"Page 1
3. Compliance With Applicable Law. Contractor shall comply with all Federal,
state, city, and local laws and ordinances applicable to the work under this
contract, including, without limitation, the provisions ofIdaho Administrative
Rules and the rules and interpretations of the National Electrical Code and
National Electrical Code Standards, as well as all code regulations as specified in
the Meridian City Code and Ordinances.
4. Reporting. Contractor agrees to prepare and furnish such reports and data as
may be required by the City. Contractor agrees to, and does hereby grant the City
the right to reproduce, use and disclose for City purposes, all or any part of the
reports, data, teclmical information and client information furnished to the City
tmder this contract. Any information or data which comes into possession of
Contractor in connection with services provided under this agreement shall
become City information and shall not be disclosed by Contractor to anyone
outside the City, unless the requester complies with the Idaho Public Records Act.
5. Records Maintenance; Access. Contractor agrees that services provided
under this contract by Contractor, facilities used in conjunction with such
services, client records, Contractor's policies, procedures, performance data, and
other similar documents and records of Contractor that pertain, or may pertain, to
services under this contract shall be kept at the office space provided by City and
shall be open for inspection by the City, or its agents, at any reasonable time
during business hours. Contractor agrees to retain such records and documents
for a period often years, or such longer period as may be required by Idaho Code
950-907.
6. Payment of Contract and Inspection Fees shall be according to the value
placed on the building permit and based upon the following pay schedule:
(a) 50% of all commercial permit fees collected annually.
(b) 50% of the residential permit fees for the first $80,000 in permit fees
collected annually.
(c) 40% ofthe residential permit fees from $80,000 on up in permit fees
collected annually.
The City of Meridian agrees to provide office space, computers, telephone
system, inspection tags, permit notices, and clerical staff, as may be necessary for
Contractor to regulate the installation of electrical service in all buildings or
structures, issuance ofpermits and collection of fees, and to carry out the
regulations, provisions, conditions and terms ofthe National Electrical Code and
the National Electrical Code Standards, and enforce all code regulations within
the Meridian City Code and Meridian City Ordinances for the City of Meridian,
and/or any other business transactions that would need to be conducted by the
Electrical Inspector that are directly related to providing services under this
contract. If the Contractor desires additional services that are not here in above
H:\My Word Files\Building Dept\FY05 Contracts\Harold's Elec Contract for Personal Services FINAL.doc
- Page 2
provided by the City of Meridian, then those additional services shall be at the
sole cost and expense of the Contractor.
7. Termination
(a) All or part of this contract may be terminated by mutual consent of both
parties in writing.
(b) If Harold Hudson or Harold Welch, when the ownership is transferred
effective January 1, 2005 ceases to act as the Electrical Inspector for the City of
Meridian, as outlined in number 8 here in below, then this contract shall be
immediately terminated and become null and void.
(c) In addition, City may terminate or modify this contract, in whole or in
part, effective immediately upon delivery of written notice to Contractor, or at
such later date as may be established by City under the following conditions:
(i) If Federal or state regulations or guidelines are modified, changed,
or interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this contract;
(ii) If any professional license, insurance, bond or certificate required
by law, regulation or this contract to be held by Contractor to provide the services
required by this contract, is for any reason denied, revoked, suspended, or not
renewed;
(iii) If City has evidence that Contractor in the course of its duties
herein has endangered or is endangering the health and safety of clients, residents,
staff or the public;
(iv) Falsification of records by Contractor;
(v) Failure of the Contractor to comply with the provisions of this
contract and all applicable Federal, state or local laws and TIlles, including
applicable building codes and Idaho Administrative Rules.
(vi) If Contractor fails to provide services as set forth in Exhibit "A";
(vii) If Contractor fails to provide services called for by this contract
within the times specified on Exhibit "A";
(viii) If Contractor or its agents engage in fraud, dishonesty, or any other
act of misconduct in the performance of this contract;
(ix) If continued or repeated justifiable, documented complaints are
made against Contractor or its agents for: (a) failure to provide services specified
on Exhibit "A"; or (b) perform their duties in a courteous and professional
manner;
(x) If the City Council determines that termination of the contract is in
the best interests of the City.
(d) Time is of the essence of Contractor's performance of each and every
obligation and duty under this Agreement. City, by written notice to Contractor
of default or breach may tenninate the whole or part ofthis contract:
(i) If Contractor fails to provide services called for by this contract
within the time specified herein or any extension thereof; or
H:\My Word Files\Building Dept\FYOS Contracts\Harold's Elec Contract for Personal Services FINAL.doc
~ Page 3
(ii) If Contractor fails to perform any of the provisions of this contract,
or so fails to pursue the work as to endanger performance ofthis contract in
accordance with its terms, and after receipt of written notice from City fails to
correct such failures within 14 calendar days or other period as specified.
The rights and remedies provided above are not exclusive and are in addition to any other
rights and remedies provided by law or under this contract. A waiver by City of any
rights, remedies or provisions provided in this contract or by law, is not a waiver by City
of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in
one instance constitute a waiver in any other instance or constitute a continuing waiver.
City shall not have to reinstate any provisions of this contract following a waiver for the
provision to be effective in any other instance.
8. Designated Electrical Official. Harold's Electric Co., Inc. acknowledges that
Harold Hudson is designated as the licensed Electrical Inspector with the primary
responsibility for providing and performing all duties required under this contract for the
City of Meridian until January 1, 2005 when Harold Welch shall become the Electrical
Inspector. If for any reason Harold Hudson, and upon transfer of ownership of Harold
Welch effective January 1,2005, fails or ceases to continue as the Electrical Inspector
for the City of Meridian, Contractor shall be required to give notice of the City of
Melidian. This Contract maybe assigned by Harold's Electric Co., Inc. to Harold Welch,
or an entity controlled by Harold Welch. In order for such assignment to be effective it
must be accepted by the City and the Assignee must agree to be bound by the terms of
this contract.
9. Independent Contractor. Contractor is not an officer, employee or agent of
the City. Contractor is engaged as an independent contractor, and will be so deemed for
purposes of the following:
(a) Contractor will be responsible for payment of any Federal or state taxes
required as a result ofthis contract.
(b) Contractor is not entitled to any benefits generally granted to City
employees. Without limitation, but by way of illustration, the benefits which are
not intended to be extended by this contract to the Contractor are: vacation,
holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement
benefits.
(c) Contractor is an independent contractor for purposes of the Idaho
Worker's Compensation laws, and is solely liable for worker's compensation
coverage under this contract.
(d) Substantially all necessary tools, equipment, supplies and all other
administrative support expenses will be furnished by the Contractor, except the
following:
i. Administration support expenses
H:\My Word Files\Building Dept\FY05 Contracts\Harold's Elec Contract for Personal Services FINAL.doc
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ii. Office space with furniture
iii. Computer systems, including software and printers
iv. Wired telephone system
v. Inspection tags and notices
(e) Contractor will not be eligible for any Federal Social Security, State
Workman's Compensation or unemployment insurance payment from the City or
charged to City's account.
10. Subcontracts and Assignments; Successors in Interest To insure the
appropriate, uninterrupted, adequate and timely service to the residents of the City of
Meridian, Contractor shall not enter into any contracts or subcontracts for any of the
work required by this contract, or assign or transfer any of its interest in this contract,
without the prior written consent of the City. City may withhold its consent to
assignment, succession or other transfer of Contractor's rights and responsibilities under
this Contract, when City, in its reasonable discretion, determines that the proposed
assignment or transfer would not serve the bests interests of the citizens of Meridian.
The provisions ofthis contract shall be binding upon and shall inure to the benefit
ofthe parties hereto, and their respective successors and assigns, if any.
11. Transition. In the event this contract is terminated, or is not renewed or
extended, the parties agree that a period of transition will be necessary to assure adequate
protection of the public and continuity of service to contractors. Contractor agrees that
for thirty (30) days after termination of this agreement, it will provide such services as are
requested by City. During the thirty (30) day period, City will compensate Contractor
$75.00 per hour for each hour worked. Contractor will submit detailed billings, including
time records containing: date, service, personnel information, and time expended
(recorded in one-quarter hour increments). Payment will be made no later than the 15th
of the month for billing statements submitted not later than the first day of that month.
12. Insurance and Bonding.
(a) General Liability Insurance. Contractor will have in place liability
coverage while serving the City pursuant to this contract. Contractor shall obtain
and, at all times, keep in effect comprehensive general liability insurance with a
combined single limit not less than $1,000,000 per occurrence or the equivalent
for property damage and bodily injury or death. In the event a unilateral
cancellation or restriction by the insurance company ofthe insurance policy
referred to in this paragraph, Contractor shall immediately notify City orally and
then in writing within three (3) days. City has the right to suspend portions or all
of the services, operations and duties due under this contract if Contractor's
general liability insurance is revoked, cancelled, expires or Contractor is
otherwise without general liability insurance. Contractor will be afforded a
reasonable time to obtain insurance. If Contractor can not obtain insurance within
a reasonable time, City may terminate this contract.
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(b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's
expense, and maintain in effect during this Contract, Automobile Liability
Insurance with a combined single limit per occurrence of not less than $500,000
naming the City of Meridian as an additional insured.
(c) Additional Insured. Contractor shall name the City, its officers,
employees, and agents as Additional Insured on any insurance policies required
herein only with respect to Contractor's activities being performed under this
Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued
by an insurance company licensed to do business in the State ofIdaho (ACORD
Form 27), containing a 30-day Notice of Cancellation endorsement and shall be
forwarded to City.
(d) Error and Omission Insurance. Contractor shall maintain error and
omission or professional liability insurance for the services lmder this contract in
an amount not less than $500,000 per occurrence.
(e) Worker's Compensation Insurance. Contractor shall maintain worker's
compensation insurance for the services under this contract.
(f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or
equivalent) shall be provided for all required coverages and furnished to City
Clerk with a copy to the Development Services Manager.
13. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the
City, its officers, employees, agents, and members, from all claims, suits, actions or costs
including attorney fees and costs of defense resulting from or arising out of the work
performed lmder this contract and arising from the sole or joint negligence ofthe
Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save,
hold harmless and indemnify Contractor from all claims, suits, actions or costs, including
attorney fees and costs of defense resulting or arising out of this contract and arising from
the sole negligence of City.
14. Nondiscrimination. Contractor agrees that it shall not discriminate against any
person in the performance of this contract, on the grounds ofrace, color, creed, national
origin, sex, marital status, disability or age.
15. Attorney Fees. In the event an action, suit, or proceeding, including appeal
therefrom, is brought for failure to observe any ofthe terms of this contract, the non-
prevailing party shall be responsible for the prevailing party's attorney's fees, expenses,
costs, and disbursements for said action, suit, proceeding or appeaL
16. Governing Law; Jurisdiction; Venue. This contract shall be governed and
construed in accordance with the laws of the State ofIdaho without resort to any
jurisdiction's conflict oflaws rules or doctrines. Any claim, action, suit or proceeding
between the City and Contractor that arises from or relates to this contract shall be
brought and conducted solely and exclusively with the Fourth Judicial District Court of
H:\My Word Files\Building Dept\FY05 Contracts\Harold's BIec Contract for Persollal Services FINAL.doc
- Page 6
Ada County for the State ofldaho. Provided, however, ifthe claim must be brought in a
federal forum, then it shall be brought and conducted exclusively within the United States
District Court for Idaho.
17. Subject Employers. The Contractor, its subcontractors, if any, and all
employers working under this contract are subject employers under the Idaho Worker's
Compensation Law and shall comply with said law, which requires them to provide
worker's compensation coverage for all their subject workers.
18. Amendments. The terms ofthis Contract may be amended upon the mutual
consent of the parties. Contractor expressly agrees to amendments which may be
necessary from time to time to incorporate changes or provisions required by law or the
Division.
19. Severability. The terms of this Contract are severable and a determination by an
appropriate body having jurisdiction over the subject matter of this Contract that results
in the invalidity of any part, shall not affect the remainder of this Contract.
Dated dJ- f day of AJJ J!... c. -e #1.-<.. 6 e;- , 2004.
HAROLD'S ELECTRIC CO., INC.
~~.
HAROLD HUDSON, PRESIDENT
~~L?2~.?-n
. OLD WELCH, PRESIDENT
As of J auuary 1, 2005
CITY OF MERIDIAN
TAMMY de WEERD, MAYOR
H:\My Word Files\Building Dept\FY05 Contracts\Harold's Elec Contract for Personal Services FINALdoc
- Page 7
Attest:
WILLIAM G. BERG, JR.
CITY CLERK - CITY OF MERIDIAN
AND
EFFECTIVE ON JANUARY 1,2005, THE TRANSFER OF OWNERSHIP FROM
HAROLD HUDSON OF HAROLD'S ELECTRIC CO., INC. TO THE NEW
OWNERSHIP OF HAROLD WELCH OF HAROLD'S ELECTRIC CO., INe.
APPROVED:
APPROVED by City Council
TAMMY de WEERD, MAYOR
Attest:
WILLIAM G. BERG, JR. CITY CLERK
STATE OF IDAHO, )
: ss:
County of Ada, )
On this (OJ day o~~ , 2004, before me, the lLUdersigned, a
Notary Public in and for said State, personally appeared HAROLD HUDSON, known or
identified to me to be the President of Harold's Electric Co., Inc., and whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same
for Harold's Electric Co., Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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H:\My Word Files\Building Dept\FY05 Contracts\Harold's Elec Contract for Personal Services FINAL.doc
- Page 8
STATE OF IDAHO, )
: ss:
County of Ada, )
On this dl day o~t \)Th..b~~ , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared HAROLD WELCH, known or
identified to me to be the President of Harold's Electric Co., Inc., as of January 1,2005
and whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same for Harold's Electric Co., Inc.
(SEAL)
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and.year in tm~&ertificate.first above written.
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STATE OF IDAHO, )
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County of Ada, )
On this day of , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk,
respectively, for the City of Meridian, and the persons whose names are subscribed to the
within instnnnent, and acknowledged to me that they executed the same on behalf of the
City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
H:\My Word Files\Building Dept\FY05 Contracts\Harold's Elec Contract for Personal Services FINAL.doc
- Page 9
EXHIBIT" A"
SERVICES TO BE PERFORMED BY HAROLD'S ELECTRIC CO., INC.
1. Computerized Permit Tracking Program. Contractor shall provide data and
input into the City of Meridian's computerized Electrical Permit Tracking program. All
electrical permit applications received shall be entered into the program and each step of
the electrical permit process shall be entered into the computer as soon as possible
following completion of that step. Every reasonable attempt shall be made to keep all
entries current, however, the Electrical Permit Tracking program shall never be allowed
to become more than two working days behind the current status of each electrical
permit.
2. Public Office. Contractor shall maintain regular business hours, or be
available by telephone, through the City of Meridian's Building Department located at
660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am
to 5:00 pm, Monday through Friday, except holidays or as determined by the Building
Department. The City of Meridian agrees to provide office space, computers, telephone
system, and clerical staff, as may be necessary for Contractor to regulate the installation
of electrical service in all buildings or structures, issuance of permits and collection of
fees, and to carry out the regulations, provisions, conditions and terms ofthe National
Electrical Code and the National Electrical Code Standards, and enforce all code
regulations within the Meridian City Code and Meridian City Ordinances for the City of
Meridian, and/or any other business transactions related to this contract that would need
to be conducted by the Electrical Inspector. If the Contractor desires additional services
that are not here in above provided by the City of Meridian, then those additional services
shall be at the sole cost and expense of the Contractor.
3. Coordination. Contractor shall mutually coordinate plan reviews with the City
Planning officials, Public Works officials and appropriate fire marshals. Field
inspections will verify and incorporate requirements of approved plan documents on
which permits are granted.
4. Conflicts. Contractor shall report to the Development Services Manager any
potential conflicts of interest it may have relative to a constmction project.
5. Administration and Enforcement of Codes and City Ordinances. Contractor
shall enforce and comply with building provisions as may be codified or ordained by the
City.
Contractor shall assist the City in enforcing its planning and zoning ordinances, including
the Flood Plain ordinance, and other ordinances related to electrical sites, and electrical
uses. Contractor shall report to the City of Meridian Development Services Manager any
observed violations of the City's planning and zoning ordinances, or other ordinances of
which Contractor has knowledge.
Exhibit "A: - Page 1
6. Organization of Contractor. City shall be apprised in writing of Contractor's
corporate organization and name of Directors at all times. All personnel and
subcontractors will possess the appropriate inspection certifications. A list of personnel
assigned to perform duties under this contract will be given to the Development Services
Manager and updated in writing as any changes are made.
7. Performance of Services and Duties. Contractor, who is the Electrical Official,
shall ensure that he interprets all applicable codes reasonably and impartially. In
addition, Contractor shall ensure that all of its personnel and subcontractors perform all
duties required under this contract in a courteous and professional manner. Contractor is
directly responsible to, and reports to, the Development Services Manager.
8. Disaster and Emergency Within the City of Meridian. If an emergency,
natural disaster, enemy attack or other major incident exists within the City of Meridian,
Contractor shall perform initial damage assessment services on a pro-bono basis. These
services include, but may not be limited to: field assessment and inspections of damage
to private and public property, collect damage information, assist in the compilation of
damage assessment reports, assist in the completion of a disaster summary outline,
review building codes for possible improvements, and assimilate information on damage
to private, public stmctures and businesses and any other services for initial damage
assessment under the Ada County Emergency Operations Plan - - Damage Assessment
Annex.
At the discretion of the City, any state and federal financial assistance to the City for the
above services will be applied for and paid to the Contractor.
9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified
personnel or subcontractors to allow City to provide timely inspections and reviews of
building projects in the City. The following performance standards are expected:
Commercial plan review: 10 working days after receipt of complete
application.
Calls for inspections: 48 hours after receipt of phone call requesting
inspection.
Residential electrical permits: 10 working days after receipt of complete
, application.
10. Mobile Communications. Contractor will provide its personnel, at its own
expense, and require its subcontractors to maintain at their own expense, cellular
telephones with voice messaging.
Exhibit "A: - Page 2
December 1 7, 2004
MERIDIAN CITY COUNCIL MEETING December 21,2004
APPLICANT Packard Estates Development, LLC ITEM NO.
AZ 04-005
20
REQUEST Ordinance - Request for Annexation and Zoning of 5.27 acres from
RUT to R-4 zones for Packard Acres Subdivision No.3 - east of North Locust Grove Road and south
of East Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POUCE 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 Ordinance
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Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 04-005
PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for land
known as Packard Acres Subdivision commonly located east of North Locust Grove and
south of East Ustick Road, more commonly known as a resubdivision of Lot 10, Block 5
ofParkard Acres Subdivision No.2 and a portion of the NW 'l4, Section 5, T.3N., R.IE.,
RM., Meridian, Idaho, more particularly described in Attachment "A".
This parcel contains 5.27 acres more or less.
Also, this parcel is SUBJECT TO all easements and rights-of-way of record or
implied.
The information contained in this legal description was derived from the data
from Tealey's Land Surveying Annexation/Rezone Exhibit as attached in Attachment
"B", and is not based on an actual field survey.
A full text of this ordinance is available for inspection at City Hall, City of
Meridian, 33 East ~aho, Meridian, Idaho. This ordinance shall become effective on the
2/-SPdayof ~ ,2004.
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City of Meridian ; SEAL =
Mayor. ~d City Council. ~ 1t rf" i
By: WIlham G. Berg, Jr., City Clerk ~ l'.....~t .;'( t~ ~ j
~'7 l<f 0.- _~. "~~ .it.,'f
First Reading: /2- - 2-1--p.tj-- ......',.....,,;VUN'f'i. ,p~t'fi;>,
Adopted after first reading by suspension of tt'~~reWft>~ allowed pursuant to Idaho Code
S 50-902: YES K NO
Second Reading:
Third Reading:
ORDINANCE SUMMARY - AZ 04-005 Packard Acres - Page 1 of 1
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Fax (20B) 385-0696
REVi W APPR3YAL "'7 _ \
BY , / J~
Project No.: 2427
Date: February 13, 2004
Revised: June 15,2004
JUN 2 9 2004
MERIDIAN PUBLIC
WORKS DEPT.
DESCRIPTION OF
PACKARD ACRES SUBDIVISION No.3
A parcel of land being a resubdivision of Lot 10 of Block 5 of Packard Acres
Subdivision No.2 as on file in Book 85 of Plats at Pages 9502 and 9503 in the Office of
the Recorder for Ada County, Idaho and a portion of the SE 1/4 of the NW 1/4 of Section
5, T.3N., RIB., B.M., Meridian, Ada County, Idaho, said parcel being more particularly
described as follows:
C01v1MENCING at an iron pin marking the North 1/4 comer of said Section 5,
thence along the North-South center of section line of said Section 5
South 00027'32" West 192339 feet to a brass cap marking the Northeast comer
of said Lot 10, sai~.point also being the POINT OF BEGINNING; thence continuing
South 00027'32",West 353.47 feet to an iron pin marking the Southeast comer of
the North 1/2 of the South 1/2 of the SE 1/4 of the NW 1/4 of said Section 5; thence
along the South line: of said North'1/2 oftheSouthl/2oftheSE 114- oftheNW 1/4
North89037~08'''',West 6iO.82.feet to an'iTo:Opin on the East line of Chateau
. Meadows EaSi,N9Y:i~::~'on fi1e~hlthe"gffiS~\9.ft~eRecorder for Ada.. County, Idaho;
thence alongsiiidEastline~f<;;J#teallMe~dows'EaSt No.8.
'.'>}:;North'6o~2~'46':~,East 3~r82 feet)o'a.n#C;hpm on the South line of said Packard
"Acres Subdivm'fp'nNoJi(therice"aIong s~icl Sqiith]in~ ..: . .
..I : South 8903.5'39'.' East 158,56 fee(to an irO'n pm.marking the Southwest corner of
_.,-t; .--'. .' . -.c~"".'r '",-;/<' /c '~.'-'_':-., .... l~. . . !,_._:~'>~_ _;_" ~ .~-f /~
.Bald Lot 10; thence along the Northerly 1me of saId Lot 10 along the arc of a curve to the
right havi.n~ aradius of20 OO.feet, a central angle of 70054'57", a length of 24.75 feet
and a long chord that bears
North 54058'55'~ East 23.20 feet to an irqn pin marking a point of tangent; thence
continuing....""
South 89~33'37" Eastj95.37 feet to an iron pin marking a point of curve; thence
continuing along the arc of cUiye to the left having a radius of 125.00 feet, a central angle
of 05041' 11", a length of 12:41feet and a long chord that bears
)N~rth?703S.~48:.iEast.j2.40 feet to an iron pin marking a point of tangent; thence
continuing, .,g',i>"j"f':},.<: .,;
>North..84045',P'l.:lEast78.65 feet toa.u iron pin marking a point of curvature;
'. :thence.cp,riiU:i~WgW1J()~~'jh~"~c sif.f! curvetdJhefightllaymg aradius'of75 .00 ,feet, a
.';;"[~~~~~I~i40'.' 8;t~~tf;).~~?5041:1~1.')/l~I~~~;~~0i~.f~f;;{1!r~~~ord
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ADA COUNTY RECORDER J. DA..., NAVARRO AMOUNT .00 5
BOI$E IDAHO 12130f04 10:23 AM
DE~UTY Bonnie Oberbillig 1111111111I11111111111111111111111111
RECORDED-REQUEST OF 104164977
Meridian City
CITY OF MERIDIAN ORDINANCE NO. 04-- I ( z,.O
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE (AZ-04-00S AKA PACKARD ACRES SUBDIVISION) FOR
PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS
ORDINANCE AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED
IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE
CITY OF MERIDIAN.; ESTABLISHING AND DETERMINING THE LAND USE
ZONING CLASSIFICATION OF SAID LANDS AS R-8 (MEDIUM DENSITY) IN
THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS
ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE
ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS
REQUIRED BY LAW; AND PROVIDING A SUMMARY OF THE ORDINANCE;
AND PROVIDING FORA WAIVER OF THE READING RULES; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal
Description herein incorporated be reference as Exhibit "A" is contiguous and adjacent to the
City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation and zoning by the City of Meridian, pursuant to Idaho Code S 50-222, Category "B"
annexation.
SECTION 2. That the above-described real property is, and the same is hereby and
annexed and zoned as R-8 (Medium Density Residential), in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State ofIdaho, and
the Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to
the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said
property.
ANNEXATION AND ZONING OF AZ-04-00S PACKARD ACRES SUBDIVISION - Page
10f3
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as
well as the official zoning maps, and all official maps depicting the boundaries and the zoning
districts of the City of Meridian in accordance with this ordinance.
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith
are hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
days following the effective date ofthis ordinance, duly file a certified copy of this ordinance
and a map prepared in a draftsman manner, including the lands herein rezoned, with the
following officials ofthe County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer
and Assessor and shall also file simultaneously a certified copy of this ordinance and map with
the State Tax Commission of the State ofIdaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (l) of the
Members ofthe full Council, the rule requiring two (2) separate readings by title and one (1)
reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall
be in full force and effect upon its passage, approval and publication.
APPROVED by the City Council of the City of Meridian, Idaho, this 2/o/day of
lJecel1-v~ ,2004.
APPROVED by the Mayor of the City of Meridian, Idaho, this 2/ ~ day of
4e.ceh'V~ ,2004.
ANNEXATION AND ZONING OF AZ-04-005 PACKARD ACRES SUBDIVISION - Page
2of3
ATTEST:
STATE OF IDAHO, )
: ss
County of Ada )
On this~ I s+- day of ~t' 'Z9-I~r- , 2004, before me, the undersigned,
a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM
G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe CITY of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City
of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
~,'IU"'III~
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NO ---- -- PUBLI5iZR IDAHO __
RESIDING AT: ~A:J(..--t-;- f
MY COMMISSION EXPIRES: ~/6-<;/0/
/ ,.
ANNEXATION AND ZONING OF AZ-04-005 PACKARD ACRES SUBDIVISION - Page
30f3
".,'
J~'~:~~~;;~ .. . ..
'::2501 Bogus Basin . Boise,
. (208) 385-0636
Fax (208) 385-06.96
RE'Vi' W APPR.9YAL 1..---- \
BY , . I) J
j -
JUN 29 2004
Project No.: 2427
Date: February 13, 2004
Revised: June 15,2004
MERIDIAN PUBLIC
WORKS DEPT.
DESCRIPTION OF
PACKARD ACRES SUBDIVISION No.3
A parcel of land being a resubdivision of Lot 10 of Block 5 of Packard Acres
Subdivision No.2 as on file in Book 85 of Plats at Pages 9502 and 9503 in the Office of
the Recorder for Ada County, Idaho and a portion of the SE 114 of the NW 114 of Section
5, T.3N., R IE., B.M., Meridian, Ada County, Idaho, said parcel being more particularly
described as follows: '
COM:MENCING at an iron pin-marking the North 1/4 corner of said Section 5,
thence along the North-South center of section line of said Section 5
South 00027'32" West 1923.39 feet to a brass cap marking the Northeast comer
of said Lot 10, sai.d,point also being the POINT OF BEGINNING; thence continuing
South 00027'32'~,West 353.47 feet to an iron pin marking the Southeast comer of
the North 112 of the South 1/20lthe SE 1/4 oftheNW ~14 of said Section 5; thence
along the Southline'of~aldNorth)/2 ()fthe'So,uth)~~bftheSE 1I4-oftheNw 1/4
',.. North :89037.'08;' r,West 67'0.82 cfee't: to an Hron pm 'on the EaSt line of Chateau
Meadows EaSt:,NoS~.{8 ::iiron fileIii 'the'Dtflie";bf;the'Recorder for Ada. C6unty, Idaho;
. . ,~-'.; - - . ~ ,_c....-.'f".'.,~'~>.,,'.l..;~.-"'_+. -.:"" ,.,n.:_ _ :'-_:," _.'--I'l..l<:-~-...q,:,.~... .,..:,:.J.....".."'r. -' .
,thence along~~dE~lin~9fCh~teau.1vf~dc):Ws'~t No.8; .
,.^"/"~~<N orth~OQ~2~; 46'}.East 3 3 'f~82 feerio '&niioti'pm on the' South line of said Packard
~. :",-" -' . l",1:.-:(i~~"".~~~~)." ,-"~i-'-__~, ,'.""~'.~:~"'1.''-<''I;_- ,.::,~.:,tc1',-,_" i'c:1-:.':>~";.~L:-- .~. ' ~ '
AcresSubdivisi6iiNo;'2; thence.alcingsaid S6uth'lme\ " ~' .
"': .' South 89035'39'} East 1'5856 feettd'ah fr<:)ll p~~marking the S~uthwest comer of
.:r~;-,..._..., _ .>~'..;:i~'~~;~."~ '~'.:".'- '''':-'''-./~' ...',-,,:':.'C .~_... ~j" ..
.;sald Lot 10; thence along the Northerly lme of saId Lot 10 along the arc of a curve to the /
. - ., , . . " ." . ~
fight haVIDl? aradius of20 00 feet, a central angle of 70054'51", a length of 24.75 feet
and along chord that bears
North 54058~55" East 23.20 fe~t to an irqJ?- pin marking a point oftangent; thence
continuing"., 'c. '. . "'" . '
South 89~~3'J1" East~~5.37 feet to an iron pin marking a point of curve; thence
continuing along the arc~f curye to the left havmg a radius of 125.00 feet, a central angle
'. of 05041 '11", a len~h of 12.41feet and a long chord that bears
.. ) North 87035'48'~Ea~fi2.40 feet'to an iron pin marking a point of tangent; thence
continuing :;'X? :"'~U",:.: ',,>i:; . ". . .: .
,.'NoIj:~.;.~4.~~~JJ.~~l,L~.~t:78.~5 feet to'~ ir<2ll pinmClfking a point of curvature;
, .;Jhence:c9.nill;i~mg;(aJo,iig.:thf:?rc,.o.f €3: .curve fd,.theright,pa:0rig an:ldiug'6f75.00feet, a
:.:S;.W~~.ntdii,:?figi~~?.8<' t'~r'~" 8'<~tfofrii~#y 05 04 (;il")};~~)epm~1if7 A4 feef:~aa'lqng ',chord
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AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DE?T:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DE?T:
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:
MvI~l ~
yvo
Confacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at pUblic meetings shall become property of the City of Meridian.
\
** TX CONF IRI'"., ION REPORT **
AS OF DEC 28 '04 10:03 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
01 12/28 10:02 PUBLIC WORKS
MODE MlN/SEC PGS CMD~ STATUS
EC--S 01 J 25" 004 185 OK
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, December 21,2004 at 7:00 p.m.
City Council Chambers
1. RolI..call Attendance:
)(
X
,
Shaun Wardle X Christine Donnell
Charlie Rountree )C Keith Bird
--K- Mayor Tammy de Weerd
2.
Pledge of Allegiance:
).wt. ~
3. Community Invocation by Pastor Ken Wilde, with Capital Christian
Center: ~d....-
4. Adoption of the Agenda; A ~JI'I! p.,( ItIY"~b
5. Consent Agenda:
~ Approve Minutes of November 30, 2004 Pre-Council Meeting: ~ IlK-
B. Approve Minutes of November 30, 2004 City Council Special
Meeting: ~
c.
Approve Pawn Brokers Licen~:
Bennv'$ Pawn
Meridian Coin & Pawn
C1J7'rl~
D. Approve Adult Entertainment Class B Licenses for Valley
~: ~vo<.-
E. Award of Bid for Storey Park Pha$~ .. Proiect: ~ io"(...
F. Resolution No. 04 -- 4--5"5" ; Amendment to Lea68
and Trust Aareement Relating to Financing of Acquisition and
Construction of law Enforcement Facilities: ~tr<-"
G. Resolution No. t) 4---4-56 = VAC 04-008 Request
for a Vacation of a portion of the 5-foot utility easements located on
each side of the shared lot line of Lots 26 & 27, Block. 1 for lochsa
Meridian City Council Agenda -December 21. 2004 Page 1 of-4
All materials presented at pullllc meetings shall become proplHty of the City of Meridian.
Anyone desirIng accommodation for disabilities related to documents and/or hearings,
please contact the City Clerk's Office at 8854433 at least 48 hours prlor1o the pUblic meeting.
(
** TX CONFIRMRTION REPORT **
AS OF DEC 22 '04 01:67 PRGE.61
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:1 STATUS
133 12/22 06:17 38101613 EC--S 02'28" 064 166 OK
64 12/22 06:26 PUBLIC WORKS EC--S 81'25" 684 166 OK
65 12/22 66:22 8841159 EC--S 61'26" 664 166 OK
66 12/22 613:24 2688846744 EC--S 61' 28" 664 166 OK
137 12/22 1313:26 POLICE DEPT EC--S 61'26" 064 166 OK
08 12/22 86:28 8985501 EC--S 61'25" 664 166 OK
139 12/22 1313:36 LIBRRRY EC--S 81'54" 884 166 OK
18 12/22 130:32 92083776449 EC--S 01' 24" 004 166 OK
11 12/22 06:34 3886924 EC--S 61' 25" 664 166 OK
12 12/22 66:36 2688886854 EC--S 131'25" 664 166 OK
13 12/22 60:38 268 895 6396 EC--S 61'25" 13134 166 OK
14 12/22 613:40 208 387 6393 EC--S 61'24" 004 166 OK
15 12/22 66:42 RDR CTY DEUELMT EC--S 61'26" 004 166 OK
16 12/22 60:44 8885652 EC--S 01'24" 664 166 OK
17 12/22 1313:46 CHERRY LANE G3--S 00'131" 600 166 INC
18 12/22 00:47 CHERRY LRNE 83--S 00' 34" 006 166 INC
19 12/22 88:48 CHERRY LANE G3--S 013'35" 0136 166 INC
26 12/22 06:49 CHERRY LANE G3--S 60'34" 600 166 INC
21 12/22 130:56 IDAHO RTHLETIC C EC--S 61'25" 004 166 OK
22 12/22 00:52 ID PRESS TRIBUNE EC--S 01'26" 1364 166 OK
23 12/22 61:67 MER SCHOOL DISTR ----S 66'06" 000 166 BUSY
THIS DOCUMENT IS STILL IN MEMORY
--------~----------------------------------------------------------------------~-~----------
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday. December21. 2004 at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
x-
X
Shaun Wardle )( Christine Donnell
Char1ie Rountree )C Keith Bird
K Mayor Tammy de Weerd
2.
Pledge of Allegiance:
~~ /Ac.
3. Community Invocation by Pastor Ken Wilde, with Capital Christian
Center: J'rU'~
4. Adoption of the Agenda: .Fi tr~ Iit.r A.-~en.d.e ^'"
~ 1"'-----.. .. ___-1__
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 12130104 10:23 AM
DEPUTY Bonnie Oberbillig 11I111111I111111111111111111111111111
RECORDED-REQUEST OF 104164976
Meridian City
CITY OF MERIDIAN AMENDMENT TO ORDINANCE NO. 04-1109
AN AMENDMENT TO ORDINANCE FINDING THAT, IDAHO POWER COMPANY, THE
OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF THE INTERSECTION OF OVERLAND ROAD AND STODDARD ROAD, WITHIN
SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO, TO BE KNOWN AS
STOW-IT SELF STORAGE, AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY
LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAS MADE A
REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE
ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND
SERVICE COMMERCIAL DISTRICT (C-G); 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 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.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the
City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to
the City of Meridian, Idaho, by the owners of said Property, to-wit:
LEGAL DESCRIPTION
A parcel of land lying in the NE ~ of the NW y,; of Section 24, T.3N., R. 1 W., B.M., Ada
County, Idaho, more particularly described as follows:
Commencing at the y,; comer common to Sections 13 and 24 of said T.3N., R.I W., said point
being the REAL POINT OF BEGINNING,;,
Thence South 00051 '53" West, 1164.75 feet on the east boundary of said NW ~ of Section 24'
AMENDED ANNEXATION AND ZONING OF AZ-04-003 STOW IT SELF STORAGE SITE - Page 1 of l' 4-
Thence North 89006'56" West, 33.00 feet to a point on the centerline extended of the Hardin
Drain;
Thence North 46039'41" West, 347.48 feet on the extended centerline and the centerline of
the Hardin Drain;
Thence North 40042'05" West, 265.61 feet on the centerline of the Hardin Drain;
Thence North 45000'56" West, 161.99 feet on said centerline;
Thence North 60018'32" West, 107.71 feet on said centerline;
Thence leaving the centerline of the Hardin Drain, North 00041 '54" East, 566.91 feet to a
point on the north line of said Section 24;
Thence South 89006'56 " East, 677.82 Feet to the Point of Beginning. Containing 13.5 acres,
more or less.
SECTION 2: That the above-described real property be, and the same is hereby annexed and
made a part ofthe City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian
hereinabove described shall be zoned General Retail and Service Commercial District (C-G).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as
the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City
of Meridian in accordance with this ordinance.
SECTION 5: All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby
repealed, rescinded and annulled.
SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication, according to law.
AMENDED ANNEXATION AND ZONING OF AZ-04-003 STOW IT SELF STORAGE SITE - Page 2 of f 4-
SECTION 7: The Clerk ofthe City of Meridian shall, within ten (10) days following the days
following the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, to-
wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of
this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with
Idaho Code ~63-2215 and ~50-223.
$'-h
~SSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 { /" day of
l)fC IflvUv .2004.
;J <)'1-
Ai{PROVEV BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this b-( -- day of
tJf:&:.t1;v ~ , 2004.
de WEERD
ATTEST:
-
AMENDED ANNEXATION AND ZONING OF AZ-04-003 STOW IT SELF STORAGE SITE - Page 3 of ~ 4-
(
STATE OF IDAHO, )
)ss.
County of Ada )
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On this c91 ~ day oft. Yp t:..6I1.v-kv- ,2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
(SEAL)
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AMENDED ANNEXATION AND ZONING OF AZ-04-003 STOW IT SELF STORAGE SITE - Page 4 of ;r' 4-
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ENGINEERING
SOL UTIONS UP
EAGLE. IDAHO
(
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, December 14J 2004, at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle X Christine Donnell
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance: Government Students
3. Community Invocation by Pastor Steve Moore, with Cherry Lane
Christian Church: Presented
4. Adoption of the Agenda: Approve Amendment
5. Consent Agenda:
A. Approve Minutes of November 16, 2004 Pre-Council Meeting:
Approve
B. Approve Minutes of November 23, 2004 City Council Regular
Meeting: Approve
C. Approve Minutes of November 23, 2004 Pre-Council Meeting:
Approve
D. Findings of Fact and Conclusions of Law for Approval: CUP
04-039 Request for a Conditional Use Permit for a women's fitness
center in a C-N zone for Lot 1, Block 1 of Cherry Crossin~
Subdivision by Robnett Construction, Inc. - northwest corner of
Cherry Lane and Linder Road: Approve
E. Findings of Fact and Conclusions of Law for Approval: CUP
04-038 Request for a Conditional Use Permit for a coffee shop with
a drive-thru window in a C-C zone for EI Dorado Subdivision. Lot
6. Block 5 by W.H. Moore Company - north west corner of East
Overland Road and Bonito Way and west of South Eagle Road:
Approve
Meridian City Council Agenda - Dccember ] 4,2004 Page I of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting,
F. Findings of Fact and Conclusions of Law for Approval: PP 04-
037 Request for Preliminary Plat approval for 11 commercial
building lots and 2 common lots on 36,93+ acres in a C-G zone for
Smitchaer Subdivision by Ustick Marketplace, LLC - NEC of
Eagle Road and Ustick Road: Approve
G. Findings of Fact and Conclusions of Law for Approval: CUP
04-043 Request for detailed Conditional Use approval for 7 office
buildings in an L-O zone for SaQecrest Subdivision by Sundell
Architecture - south of East Overland Road and west side of South
MiIlenium Way: Approve
H. Findings of Fact and Conclusions of Law for Approval: PP 04-
036 Request for a Preliminary Plat approval of 5 commercial
building lots on 7.16 acres in a C-G zone for Waltman Court
Subdivision by Buffalo Hump, LLC - 420 Waltman Court:
Approve
I. Findings of Fact and Conclusions of Law for Approval: CUP
04-044 Request for a Conditional Use Permit for a contractor's yard
in a C-G zone for Waltman Court Subdivision by Buffalo Hump,
LLC - 420 Waltman Court: Approve
J. Findings of Fact and Conclusions of Law for Approval: RZ 04-
013 Request for a Rezone of 1.674 acres from C-C to C-G zone for
Westside Body Works by Westside Body Works - 210 East
Fairview Avenue: Approve
K. Findings of Fact and Conclusions of Law for Approval: CUP
04-042 Request for a Conditional Use Permit to allow the operation
of a body shop in a proposed C-G zone for Wests ide Body Works
by Westside Body Works - 210 East Fairview Avenue: Approve
L. Sanitary Sewer and Water Main Easement for WashinQton
Trust Bank: Approve
M. Approve Beer license for San Francisco Sourdough Eaterv -
2044 South Eagle Road: Approve
N. Approve Beer license for Baja Taco - 1735 West Franklin,
Suite 120: Approve
O. Addendum to Aqreement for Professional Services - Sewer
Master Plan Update, JUS Engineers: Approve
Meridian City Council Agenda - December 14, 2004 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
7-P. Award of Bid for Storey Park Phase II Construction to
American Pavin~ Company for $227 J650.00: Table to
December 21, 2004 Meeting
Q. ChanQe Order No. 3 for the Headworks Expansion Proiect:
Approve
R. Resolution No. 04-453 : Amendment to the Meridian
Police Department Policy and Procedures Manual: Approve
S. Resolution No. 04-454 : CPA 04-002 Request for Text
Amendment to allow applicants to request an L-Q zoning in areas
designated as residential which are located along arterial streets
and section line roads and also allow applicants to request that
property with a Public/Quasi Public designation to be rezoned to a
zoning district that is compatible with adjoining zoning districts and
land uses upon redevelopment of the property by the City of
Meridian Planning and Zoning Department: Approve
T. Pressure Reducinq Stations - Change Order #1 - Star
Construction: Approve
6. Department Reports:
A. Mayor's Office
1. Appointment to Meridian Development Corporation: Ron
Anderson Approve
2. Service Awards - Rick Heller and Dwight Hosford:
7. (Items Moved from Consent Agenda) P
8. FP 04-074 Request for Final Plat approval of 5 commercial building lots
and 4 common lots on 5.13 acres in a C-N zone for Cedar Springs
Subdivision No.6 by Howell-Murdoch Development Corporation - NEC
of Venable Lane and West Ustick Road: Approve
9. Public Hearing: CUP 04-041 Request for a Conditional Use Permit for an
espressolinternet cafe in the C-N zone for Joltz Internet Cafe by Joltz
Internet Cafe, LLC - SEe of West Franklin Road and Linder Road:
Prepare Findings of Fact and Conclusions of Law for Approval
10. Public Hearing: VAC 04-008 Request for a Vacation of a portion of the
5-foot utility easements located on each side of the shared lot line of Lots
26 & 27, Block 1 for Lochsa Falls Subdivision No.6 by Ramsey Homes
Meridian City Council Agenda - December 14,2004 Page 3 of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting,
- 1660 West Glade Creek: Prepare Findings of Fact and Conclusions
of Law for Approval
11. Public Hearing: RZ 04-012 Request for a Rezone of 3.74 acres from I-L
& C-G zones to all C-G zone for Ravmond Estates by Ronald Van Auker
- NEC of East Franklin Road and North Gaudians Avenue: Prepare
Findings of Fact and Conclusions of Law for Approval
12. Public Hearing: CUP 04-046 Request for a Conditional Use Permit for a
drive-thru window in a C-C zone for Jack in the Box by RHL Design
Group - NWC of E. Goldstone Drive and North Eagle Road: Prepare
Findings of Fact and Conclusions of Law for Approval
13. Public Hearing: AZ 04-023 Request for Annexation and Zoning of 76.72
acres from RUT to R-4 zone for proposed Kinqsbridge Subdivision by
Vision First, LLC - 4070 South Eagle Road: Prepare Findings of Fact
and Conclusions of Law for Denial - January 4, 2005
14. Public Hearing: PP 04-030 Request for Preliminary Plat approval for
237 single-family residential building lots and 21 common lots on 76.72
acres in a proposed R-8 zone for proposed Kinqsbridqe Subdivision by
Vision First, LLC - 4070 South Eagle Road: Prepare Findings of Fact
and Conclusions of Law for Denial - January 4, 2005
15. Public Hearing: CUP 04-032 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots with
reductions to the minimum requirements for lot size, street frontage and
request to exceed the maximum block length allowed for proposed
Kinqsbridge Subdivision by Vision First, LLC - 4070 South Eagle Road:
Prepare Findings of Fact and Conclusions of Law for Denial -
January 4, 2005
16. Ordinance No. 04-1119 : AZ 04-025 Request for Annexation
and Zoning of 121.96 acres from R4 (Ada County) to R-4 zone for Vienna
Woods Subdivision No. 1-7 and Edinburgh Place Subdivision No. 1-2
by the City of Meridian - NEC of East McMillan Road and North Locust
Grove Road: Approve
17. Water, Sewer, and Trash Delinquencies: Approve
18. EMS Response to Ada County Commissioners: Discussed
19. Executive Session per Idaho State Code 67-2345(1)(b) & (f):
Meridian City Council Agenda- December 14,2004 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting,
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, December 14,2004, at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
)( Shaun Wardle X Christine Donnell
X Charlie Rountree ---x- Keith Bird
iC Mayor Tammy de Weerd
2.
Pledge of Allegiance:
;jpvV\.-n~rs-~
3. Community Invocation by Pastor Steve Moore, with Cherry Lane
Christian Church: ~
4. Adoption of the Agenda: ~pv< ~~
5. Consent Agenda:
A. Approve Minutes of November 16, 2004 Pre-Council Meeting: ~ V'L<.../
B. Approve Minutes of November 23, 2004 City Council Regular
Meeting: ~v<-
C. Approve Minutes of November 23,2004 Pre-Council Meeting: Wjt?~v-.e..-
D. Findings of Fact and Conclusions of Law for Approval: CUP
04-039 Request for a Conditional Use Permit for a women's fitness
center in a C-N zone for Lot 1, Block 1 of Cherry Crossin~
Subdivision by Robnett Construction, Inc. - northwest corner of
Cherry Lane and Linder Road: ~;r.ov"L
E. Findings of Fact and Conclusions of Law for Approval: CUP
04-038 Request for a Conditional Use Permit for a coffee shop with
a drive-thru window in a C-C zone for EI Dorado Subdivision. Lot
6. Block 5 by W.H. Moore Company - north west corner of East
Overland Road and Bonito Way and west of South Eagle Road: ~~
F. Findings of Fact and Conclusions of Law for Approval: PP 04-
037 Request for Preliminary Plat approval for 11 commercial
building lots and 2 common lots on 36.93+ acres in a C-G zone for
Meridian City Council Agenda ~ December 14, 2004 Page I 0 F 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring acconunodation 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.
7 - P.
'-
G.
Smitchger Subdivision by Ustick Marketplace, LLC - NEC of
Eagle Road and Ustick Road: ~VL
Findings of Fact and Conclusions of Law for Approval: CUP
04-043 Request for detailed Conditional Use approval for 7 office
buildings in an L-O zone for Sagecrest Subdivision by Sundell
Architecture - south of East Overland Road and west side of South
Millenium Way: ~yrPerL-
Findings of Fact and Conclusions of Law for Approval: PP 04-
036 Request for a Preliminary Plat approval of 5 commercial
building lots on 7.16 acres in a C-G zone for Waltman Court
Subdivision by Buffalo Hump, LLC - 420 Waltman Court: ~~
Findings of Fact and Conclusions of Law for Approval: CUP
04-044 Request for a Conditional Use Permit for a contractor's yard
in a C-G zone for Waltman Court Subdivision by Buffalo Hump,
LLC - 420 Waltman Court: PjJ;JT>>{.;\.A....-
H.
I.
J.
Findings of Fact and Conclusions of Law for Approval: RZ 04-
013 Request for a Rezone of 1.674 acres from C-C to C-G zone for
Westside Body Works by Westside Body Works - 210 East
Fairview Avenue: ~
Findings of Fact and Conclusions of Law for Approval: CUP
04-042 Request for a Conditional Use Permit to allow the operation
of a body shop in a proposed C-G zone for Westside Body Works
by Westside Body Works - 210 East Fairview Avenue: ~~
Sanitary Sewer and Water Main Easement for Washington
Trust Bank: ~ ~
Approve Beer license for San Francisco Sourdough Eaterv -
2044 South Eagle Road: ~vo.c--
Approve Beer license for Baja Taco - 1735 West Franklin,
Suite 120: ~rr<-
K.
L.
M.
N.
O.
Addendum to Agreement for Professional Services - Sewer
Master Plan Update, JUB Engineers: ~V'<./
Award of Bid for Store Park Phase II Construction
American Paving Company for $227,650.00: ~ Iv
Q.
to
. $/ ~ /l4-'if-
arrv-<.--
Change Order No.3 for the Headworks Expansion Proiect:
Melidian City Council Agenda - December 14,2004 Page 2 of 4
All materials presented at public meetings shall become property ol'the City of Melidian.
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.
6.
7.
8.
9.
10.
11.
12.
R. Resolution No. tP1-- -153 Amendment to the
Meridian Police Department Policv and Procedures Manual: ~froll"'<..
S. Resolution No. tJ 4-- 4fJ 4- : CPA 04-002 Request for
Text Amendment to allow applicants to request an L-Q zoning in
areas designated as residential which are located along arterial
streets and section line roads and also allow applicants to request
that property with a Public/Quasi Public designation to be rezoned
to a zoning district that is compatible with adjoining zoning districts
and land uses upon redevelopment of the property by the City of
Meridian Planning and Zoning Department: ~1/'-'0
T. Pressure Reducina Stations - Change Order #1 - Star
Construction:
"f, YI7 vvc-
Department Reports:
Mayor's Office }. . .
~el-v/u-/fw~d,{ /<./i:./e.-llaev... /~/?pM-4.j ~
1. Appointment to Meridian Development Corporation:
f(.tlh ~{lh'l-- "?r~
(Items Moved from Consent Agenda) -p
A.
FP 04-074 Request for Final Plat approval of 5 commercial building lots
and 4 common lots on 5.13 acres in a C-N zone for Cedar Sprinas
Subdivision No.6 by Howell-Murdoch Development Corporation - NEC
of Venable Lane and West Ustick Road: ~___
Public Hearing: CUP 04-041 Request for a Conditional Use Permit for an
espresso/internet cafe in the C-N zone for Joltz Internet Cafe by Joltz
Internet Cafe, LLC - SEC of West Franklin Road and Linder Road:
;orep~ ~;;Ctc/.e ~ a.~~
Public Hearing: V AC 04-008 Request for a Vacation of a portion of the
5-foot utility easements located on each side of the shared lot line of Lots
26 & 27, Block 1 for Lochsa Falls Subdivision No.6 by Ramsey Homes
- 1660 West Glade Creek: I"o/1tblL fI-/- t c;/.t ./irr-~~ ~
Public Hearing: RZ 04-012 Request for a Rezone of 3.74 acres from I-L
& C-G zones to all C-G zone for Ravmond Estates by Ronald Van Auker
- NEC of East Franklin Road and North Gaudians Avenue:
p~~#?t4L~~~
Public Hearing: CUP 04-046 Request for a Conditional Use Permit for a
drive-thru window in a C-C zone for Jack in the Box by RHL Design
Group - NWC of E. Goldstone Drive and North Eagle Road:
fJrcp~ /11- tel.! An-~
Meridian City Council Agenda - December 14,2004 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiting acconunodatioll for disabilities related to documents and/or hearing
please contact the City Clerk's Oftice at 888.4433 at least 48 hours prior to the public meeting.
13.
14.
15.
16.
Public Hearing: AZ 04-02~or Annexation and Zoning of 76.72
acres from -RI:JT to R-4 zone for proposed Kinasbridae Subdivision by
Vision First, LLC - 4070 South Eagle Road: 4
~/tJ;1..l iY Ft c;l L f1r'y ~ - J;Vr. . ,UJP 'i
Public Hearing: PP 04-030 Request for Preliminary Plat approval for
237 single-family residential building lots and 21 common lots on 76.72
acres in a proposed R-8 zone for proposed Kinasbridae Subdivision by
Vision First, LLC - 4070 South Eagle Road: -r;. A1_ ~
~flV'e r/fyC-6 cl..t -/frr-~:-M. -.,.i~"7J 'ZPo;;;
Public Hearing: CUP 04-032 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots with
reductions to the minimum requirements for lot size, street frontage and
request to exceed the maximum block length allowed for proposed
Kinasbridae SUbdivis~n by Vision First, LLC - 407QJ>~uth Eagle Road:
,ol'o/~ /l ( ?/.,( A.rv~r7rL - Ji'VY"...17 'hio5
Ordinance No. ,94- - 1119 : AZ 04-025 Request for
Annexation and Zoning of 121.96 acres from R4 (Ada County) to R-4 zone
for Vienna Woods Subdivision No. 1-7 and Edinburah Place
Subdivision No. 1-2 by the City of Meridian - NEC of East McMillan Road
and North Locust Grove Road: ~
17. /AI~/J(JnJvv/~1v let/h-~:- ~V-(../
E fn J 1UJ"'t7n s:e.. Iv /I-d~ Co0 (' om.I'h;7r/~J ~.
t,:tf J lM.S ~
(q. E)(.ecvv~~fJ/~: 67-~?4'>"'{-- b4 f
I~.
Meridian City Council Agenda - December 14,2004 Page 4 of4
All materials presented at public meetings shall become propelty of tile City of Melidian.
Anyone desiring acconunodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at &88-4433 at least 48 hours prior to the public meeting.
CITY OF MERIDIAN
PRE.COUNCIL MEETING
AGENDA
Tuesday, December 14, 2004 at 5:30 p.m.
City Council Chambers
1. RolI~call Attendance:
~ Shaun Wardle ~ Christine Donnell
=x::: Charlie Rountree =x= Keith Bird
X Mayor Tammy de Weerd
2. Adoption of the Agenda: CLfF~
3. Executive Session per Idaho State Code 67M2345(1)(b) and (f): IlIl dec/T/1l}......I
4. Discussion and Review of Draft Inspection Services Contracts: CC.i:ra-vJJeQ(;
5. Discussion of Prosecution Contract: dt?CU4Su:C
6. Discussion of Amendment to the Police Building: Lease
tJl1T Cur.fut
#< Approximate allowable time set for agenda item may change depending on
discussion. Please use the designated minutes as a guideline only.
MeridJan City Pre-Council Agenda - December 14, 2004 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.
December 30, 2004
MERIDIAN CITY COUNCIL MEETING
APPLICANT
January 4, 2005
ITEM NO.
5-B
REQUEST Approve Minutes of December 14, 2004 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:
J.t.-l
~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Meridian City Council MeetinQ
December 14. 2004
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, December 14, 2004, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Shaun
Wardle, and Christine Donnell.
Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, Bill Musser, Kenny
Bowers, Doug Strong, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
X Christine Donnell
X Keith Bird
Mayor Tammy de Weerd
De Weerd: Okay. I will go ahead and call this meeting to order. It is Tuesday,
December 14th; it is four minutes after 7:00. I will welcome you all here with us today
and ask the City Clerk to, please, start with roll call attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Okay. Item NO.2 is our pledge of allegiance. We have some high school
students here. This is a government class requirement and we have Brandon Blessing,
Matt McClusky, and Trevor Gordon. If you will, please, rise.
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Pastor Steve Moore~ with Cherry Lane
Christian Church:
De Weerd: Thank you, guys. Okay. Our Community invocation tonight is led by Pastor
Steve Moore with Cherry Lane Christian Church. Please join us in the community
invocation or take this moment -- or opportunity for a moment of silence,
Moore: Our Father God in Heaven, you know that I was thinking today as I drove
through our community of the challenges before us of the traffic, for instance, God, and
the extreme growth that we have had and tonight just that thought reminds us that we
need direction, we need wisdom. You have said in your word that if we ask you will give
it. Humbly, God, I don't know that I would want to sit where our Mayor sits and these
Council folks sit tonight and have the awesome responsibility of balancing this
community and keeping our quality of life high that we have historically enjoyed,
balancing residential growth and commercial growth and the tax base and being fair to
people and making decisions when there is so many ways of looking at these problems.
Meridian City Council
December 14, 2004
Page 2 of 70
(
So, bless them, God, for giving up their time and their family time for even daring to put
themselves in these positions. I just pray that this meeting, what's done would, indeed,
be for the best of this community. I pray that ethics and integrity and honesty would
prevail, to somehow weigh out all these pressures and to come to solutions and to
realize that what's at stake that right now tonight in decisions lives will be affected for
this week and for this generation and generations to come. Father, in this season when
we recognize your gift in Jesus Christ, while it's so easy to think about the pressures in
this community, help us to see the bigger picture, that we could live in Iraq or Sudan.
I'm grateful for our solders and for this nation and its historic concern outside of itself. I
pray for peace in this world. I pay for your protection of those from this very community
who have gone in recent days to make the world a better place globally. I pray that
each of us in this season would realize that peace begins with us. In the name of Christ
again we ask for your direction in this meeting, Amen.
Item 4:
Adoption of the Agenda:
De Weerd: Pastor Moore, I would like to offer you our City of Meridian pin for joining us
tonight. Merry Christmas. Our Item NO.4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have on our Consent Agenda, which, when we approve that, I'll give - re-do
this again, but our resolution numbers are 04-453 and 04-454. Item No. 16 is an
ordinance and its number is -- on the regular agenda is 04-1119. We need to add Item
No. 17, which is the water, sewer delinquency. We need to add No. 18, which is the
EMS reply, and we would like to, if the time permitted, we will add 19, which is an
Executive Session 67-2345(1 )(b)(f). And with that I would move we adopt the revised
agenda.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A. Approve Minutes of November 16, 2004 Pre-Council Meeting:
B. Approve Minutes of November 23, 2004 City Council Regular
Meeting:
C. Approve Minutes of November 23, 2004 Pre-Council Meeting:
Meridian City Council
December 14, 2004
Page 3 of 70
(
D. Findings of Fact and Conclusions of Law for Approval: CUP
04-039 Request for a Conditional Use Permit for a women's fitness
center in a C-N zone for Lot 1, Block 1 of Cherry Crossina
Subdivision by Robnett Construction, Inc. - northwest corner of
Cherry Lane and Linder Road:
E. Findings of Fact and Conclusions of Law for Approval: CUP
04-038 Request for a Conditional Use Permit for a coffee shop with
a drive-thru window in a C-C zone for EI Dorado Subdivision, Lot
6, Block 5 by W.H. Moore Company - north west corner of East
Overland Road and Bonito Way and west of South Eagle Road:
F. Findings of Fact and Conclusions of Law for Approval: PP 04~
037 Request for Preliminary Plat approval for 11 commercial
building lots and 2 common lots on 36.93+ acres in a C-G zone for
Smitchaer Subdivision by Ustick Marketplace, LLC - NEC of
Eagle Road and Ustick Road:
G. Findings of Fact and Conclusions of Law for Approval: CUP
04-043 Request for detailed Conditional Use approval for 7 office
buildings in an L-O zone for Saaecrest Subdivision by Sundell
Architecture - south of East Overland Road and west side of South
Millenium Way:
H. Findings of Fact and Conclusions of Law for Approval: PP 04-
036 Request for a Preliminary Plat approval of 5 commercial
bu i1d ing lots on 7.16 acres in a C-G zone for Waltman Court
Subdivision by Buffalo Hump, LLC - 420 Waltman Court:
I. Findings of Fact and Conclusions of Law for Approval: CUP
04-044 Request for a Conditional Use Permit for a contractor's yard
in a C-G zone for Waltman Court Subdivision by Buffalo Hump,
LLC - 420 Waltman Court:
J. Findings of Fact and Conclusions of Law for Approval: RZ 04-
013 Request for a Rezone of 1.674 acres from C-C to C-G zone for
Westside Bodv Works by Westside Body Works - 210 East
Fairview Avenue:
K. Findings of Fact and Conclusions of Law for Approval: CUP
04-042 Request for a Conditional Use Permit to allow the operation
of a body shop in a proposed C-G zone for Westside Bodv Works
by Westside Body Works - 210 East Fairview Avenue:
!
Meridian City Council
December 14,2004
Page 4 of 70
L. Sanitary Sewer and Water Main Easement for Washington
Trust Bank:
M. Approve Beer license for San Francisco Sourdough Eatery -
2044 South Eagle Road:
N. Approve Beer license for Baja Taco - 1735 West Franklin, Suite
120:
O. Addendum to Agreement for Professional Services - Sewer
Master Plan Update, JUB Engineers:
Q. Change Order No.3 for the Headworks Expansion Project:
R. Resolution No. 04-453 Amendment to the Meridian
Police Department Policy and Procedures Manual:
S. Resolution No. 04-454 CPA 04-002 Request for Text
Amendment to allow applicants to request an L-O zoning in areas
designated as residential which are located along arterial streets
and section line roads and also allow applicants to request that
property with a Public/Quasi Public designation to be rezoned to a
zoning district that is compatible with adjoining zoning districts and
land uses upon redevelopment of the property by the City of
Meridian Planning and Zoning Department:
T. Pressure Reducing Stations - Change Order #1 - Star
Construction:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Yes.
Bird: I move that we approve the Consent Agenda, which includes Resolutions 04-453
and 04-454 and for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay, Discussion?
Wardle: Madam Mayor?
De Weerd: Yes.
Meridian City Council
December 14, 2004
Page 5 of 70
Wardle: If we could amend that to remove Item P, award for bid for Storey Park Phase
II construction.
De Weerd: Okay,
Bird: Which item?
Wardle: Item P.
De Weerd: Is that okay with the motion maker?
Bird: The motion maker agrees to that.
Rountree: Second agrees.
De Weerd: Okay. Any other discussion? Okay. The motion is to approve the Consent
Agenda with the removal of Item P. Mr. Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, abstain; Donnell, yea.
MOTION CARRIED: THREE AYES. ONE ABSTAIN.
Item 6:
Department Reports:
A. Mayor's Office
1. Employee Recognition.
De Weerd: Okay. Item 6, Department Reports. I do have two of our employees here
tonight that I would like to recognize and I apologize for not getting it on our schedule.
We were not quite sure who all would be joining us tonight. Our city staff is very
important to the operations of our city and the contributions of those who serve long
terms with the city are numerous, the benefits that we get, and I would like to recognize
two of our employees here tonight. So, if Council doesn't mind, I will just step down to
the other microphone. I would first like to recognize Rick Heller. He has been with our
parks department for ten years and I would like to present him a certificate of
appreciation in grateful appreciation for your service to the City of Meridian. Our
success is measured by the value of those who choose to remain and grow with the
city. Rick, if you will, please, come forward. Council, I'd also like to recognize Rick. He,
for our city tree lighting ceremonies, as well as for our Santa -- our kids Santa's
program, Rick donated his time and was the most delightful Santa Claus I have ever
seen. I got to sit on his lap and my wish was for a Ten Mile interchange, so if any of you
can help me. Oh, it was for a city hall and, then, I talked to someone behind me in line
to ask for the Ten Mile interchange. So, we have two needs. You know, because there
is a child, apparently, inside of you, I do have a small token of our appreciation, a gift
certificate to Boondocks. The second award goes to one of our Meridian's finest,
Meridian City Council
December 14, 2004
Page 6 of 70
Dwight Hosford, our sergeant. He's served with us for 20 years and this just really
shows you what a great city that we are made of and we are made of the quality
employees that we have. Sergeant Hosford, if you will come forward. And I would like
to recognize Faye. They both brought their spouses. We know that it's so important
that the support you get from your partners and thank you also for being a part of our
city in a more indirect way and, Rick, we can see the department support that you have
with some of your fellow employees here to cheer you on. So, thanks again for both of
you coming here tonight.
Item 7:
(Items Moved from Consent Agenda)
P. Award of Bid for Storey Park Phase II Construction to
American Pavin~ Company for $227,650.00:
De Weerd: Okay. Item 7, we did remove an item from the Consent Agenda, Item P.
Councilman Wardle.
Wardle: Madam Mayor, the parks department has asked me to remove this item for a
reduction in dollar value and so that will come back to us next week. So, Madam
Mayor, I move that we table Item P to December 21 st, 2004.
Rountree: Second.
De Weerd: Okay. The motion is to move Item P to -- until next week. Did the Parks
Department have any comments? I know they were available for any questions. Is
their request to have it moved?
Wardle: It's their request to move it and they are going to bring it back with a reduction
in scope. They are not going to contract the addition to the contract, so it will come
back with a reduced dollar amount.
De Weerd: Okay. Thank you. The motion was to move this item to the next agenda
next week on the 21st. All those in favor say aye. All ayes. Motion carries,
MOTION CARRIED: ALL AYES.
1. Appointment to Meridian Development Corporation:
De Weerd: I apologize, I didn't get to my agenda item, appointment to the Meridian
Development Corporation. Tomorrow is the meeting, so I would like to get confirmation
of the name I have brought to you, it's in your packet, it is Ron Anderson, who served as
a replacement to Clare Bowman, who is now the executive director.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
(
. Meridian City Council
December 14, 2004
Page 7 of 70
Bird: I move that we approve your appointment of Ron Anderson to the Meridian
Downtown Corporation.
Donnell: Second.
De Weerd: Okay, The motion is to approve the appointment of Ron Anderson to the
MDC Board. All those in favor -- oh, I'd like roll call on that.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 8:
FP 04-074 Request for Final Plat approval of 5 commercial building lots
and 4 common lots on 5.13 acres in a C-N zone for Cedar SprinQs
Subdivision No.6 by Howell-Murdoch Development Corporation - NEC
of Venable Lane and West Ustick Road:
De Weerd: Item 8 is FP 04-074. I will start with staff comments.
Canning: Madam Mayor, Members of the Council, I don't know why I'm never quite
ready for that first one, I have got plenty of time, you just never make that. So, I
apologize for the pause here. This is the final plat for approval of five commercial
building lots and four common lots on 5.13 acres. The property is at the intersection of
Ustick and Venable in the northeast corner. The preliminary plat is shown here,
although it's smaller, and the final plat is in substantial compliance with the approved
preliminary plat. These lots when it came through to you on the preliminary plat, you did
see a development plan on all these and they do have shared access and this was a
fueling station and car wash. The staff report I found, as I was going through, does
have a couple corrections that need to be made. On site specific requirements, item 3-
D, it references a condition number nine and it should be condition number ten and,
similarly, on F it references a condition number ten and it should be condition number
eleven. So, with those corrections staff is recommending approval of this final plat.
De Weerd: Anna, have you heard from the applicant? Is he in agreement?
Canning: I'm sorry. Thank you for reminding me. The applicant did send me an e-mail
stating that they are in agreement with the conditions of approval.
De Weerd: Okay. Thank you. Council?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle,
Meridian City Council
December 14, 2004
Page 8 of 70
Wardle: Hearing no more discussion, I move that we approve FP 04-074, final plat for
Cedar Springs Subdivision NO.6.
Donnell: Second.
De Weerd: Okay. The motion is to approve Item No.8 with the changes. Is there any
further discussion? Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Okay. We are in the Public Hearing portion of our agenda. We
do ask that anyone who wishes to provide testimony, please, sign up on the sign-up
sheet in the back. By our ordinance we do require that those providing testimony are
sworn in. So, rather than do it each one individually, we will just do a group exercise
here. All of those who desire to provide public testimony, if you will, please, raise your
right hand. Is the testimony that you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
(Affirmative answers.)
Item 9:
Public Hearing: CUP 04-041 Request for a Conditional Use Permit for
an espresso/internet cafe in the C-N zone for Joltz Internet Cafe by Joltz
Internet Cafe, LLC - SEC of West Franklin Road and Linder Road:
De Weerd: Okay. Item No.9 is Public Hearing CUP 04-041. I will open this Public
Hearing with staff comments.
Canning: Madam Mayor, Members of the Council. This is a request for Joltz Internet
Cafe, which is a 2,454 square foot cafe or restaurant would be closest use
corresponding and this is in the C-N zone. Restaurants do require a Conditional Use
Permit in that neighborhood commercial zone. The business is going to be geared
towards youth, particularly teenagers, and it's offering a safe alternative to socialize,
play computer games, do homework and generally hang out in a coffee shop. The
circled area is the portion that the cafe is sitting on. The Karate for Kids is on the
remainder of the building. There might be one other spot that's available in the building
at this time, but it is the second use to go into the building, so all the building is existing
and approved. It did go before the Planning and Zoning Commission and it was very
favorably received. Sue Clark spoke in favor of the application, as did Deslie Hallsworth
and Larry Sundell. There was no one that spoke in opposition or commenting and Brad
Hawkins-Clark presented it for Craig Hood. The only discussion of -- by the
Commission was regarding the hours of operation and I think that the applicant and the
Planning and Zoning Commission were agreed upon that. There were a couple small
changes that needed to be made in the findings that were prepared by Mr. Hood. He
Meridian City Council
December 14,2004
Page 9 of 70
inadvertently left fitness center, instead of cafe, as the use, so he changed those. And
to our knowledge there are no outstanding issues before City Council.
De Weerd: Thank you, Anna. Any questions for staff? [s the applicant here this
evening? Would you care to provide testimony? Please state your name and address.
Clark: My name is Sue Clark and I reside at 282 East James Court, No. 301, in
Meridian. 83642. And I'm the mother of three teenage girls, two of them are at Meridian
High and one is at Meridian Middle School and I have over the course of growing up
there hasn't been a great place for them to hang out and just to be and socialize that I
feel is safe. They end up either at the bowling alley, which I'm not real thrilled with, or at
somebody's home where parents mayor may not be there and I feel that I am going to
be providing a wonderful opportunity for the community and also am planning on
sponsoring different community functions, softball teams, things like that, to where it
would be a pillar of the community. Thank you.
De Weerd: Council, any questions for the applicant? Just a comment. I applaud you. I
think our youth do need a place to hang out and since it's probably called this for a
reason, there must be coffee there.
Clark: There is coffee, ice cream, soup, sandwiches, smoothies, internet games, X Box
De Weerd: Well, you hit all the right components. Thank you,
Clark: Thank you.
Canning: Madam Mayor, before the applicant sits down, we don't have a letter stating
she's in agreement with the conditions of approval, so we might want to--
Clark: I'm sorry, Yeah, I was assuming that the letter that I sent to the Planning and
Zoning was going to cover that, but I am in agreement with of all of the conditions.
Canning: Great.
De Weerd: Thank you so much.
Clark: Thank you.
De Weerd: Okay. Is there anyone else who wishes to provide testimony? Okay.
Council?
Rountree: Madam Mayor?
De Weerd: Yes.
. Meridian City Council
December 14, 2004
Page 10 of 70
Rountree: Seeing no further comment, I move that we close the Public Hearing for
Item No.9.
Bird: Second,
De Weerd: The motion is to close the Public Hearing on Item 9. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the request for a Conditional Use Permit for Joltz
Internet Cafe.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 9. Is there any further discussion?
Mr. Berg, will you, please, call roll call.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 10:
Public Hearing: VAC 04-008 Request for a Vacation of a portion of the
5-foot utility easements located on each side of the shared lot line of Lots
26 & 27, Block 1 for Lochsa Falls Subdivision No.6 by Ramsey Homes
- 1660 West Glade Creek:
De Weerd: Item 10 is a Public Hearing on VAC 04-008. I'll open this Public Hearing
with staff comments.
Canning: Madam Mayor, Members of the Council, this is a request to vacate a five foot
utility easement within Lochsa Falls Subdivision. We have -- here is Chinden. I circled
the site. It's just barely visible from this, but it's up in this northern -- north eastern
corner of the approved plat. Sorry. I just really hit the wrong button. Okay. There we
go. Here are the two lots here on the corner as you see them. Lots 26 and 27. What
happened is the builder -- the same builder owns both lots and he's built the house as
it's shown here. As you can see, it goes right over the lot line. I have provided the
explanation for you, just because one wonders how on earth they did that, but what they
did is they found this property pin and they found that property pin and they took it off
five feet and even that doesn't line up, so we are not sure what happened. What they
have proposed is to move the line in like this and, then, around that, so it fits there. As I
said, the same builder still owns this one. We did make sure that he could fit one of his
Meridian City Council
December 14, 2004
Page 11 of70
buildings on here and he has shown us how that will fit. It's still a good size parcel. It's
8,610 square feet. We have received all the required relinquishments for the vacation
of the easement and staff is recommending approval.
De Weerd: Okay. Thank you, Anna. Is the applicant here this evening? Would you
like to provide testimony? Usually people are just jumping up and coming forward.
Harris: Kevin Harris.
De Weerd: Please give your name and address.
Harris: Kevin Harris. Business address is 1800 West Overland Road in Boise. Madam
Mayor and Members of the Council, I'm here to answer any questions you might have.
I'm the engineer for the client. If you have any questions I would be happy to answer
them.
De Weerd: Okay. Council, do you have questions for the applicant?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I just wondered if there is any recommendation from the applicant or his
representative to the city how to keep this from happening in the future.
Harris: Councilmember Rountree, it is our understanding, too, that the contractor did
locate off those two pins on the left-hand side. I think my understanding is that he had
dug a foundation to the south and he had started another one and just was a quick error
and kind of a lack of planning on their part.
De Weerd: He builds often in Meridian?
Harris: I can't answer that question.
De Weerd: That was politically incorrect. Okay. Council, do you have any other
questions for the applicant? Okay. Thank you. Is there any further testimony?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the Public Hearing for Item NO.1 0,
Donnell: Second.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carried.
Meridian City Council
December 14, 2004
Page 12 of 70
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve VAC 04-008, Lochsa Falls Subdivision NO.6 by Ramsey
Homes.
Rountree: Second,
De Weerd: Okay. The motion is to approve Item No. 10, Any further discussion?
Hearing none, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 11:
Public Hearing: RZ 04-012 Request for a Rezone of 3.74 acres from I-L
& C-G zones to all C-G zone for Raymond Estates by Ronald Van Auker
- NEC of East Franklin Road and North Gaudians Avenue:
De Weerd: Item 11 is Public Hearing RZ 04-012. I'll open this Public Hearing with staff
comments.
Canning: Sorry, Madam Mayor, Members of the Council. Raymond Estates. This is a
request for a rezone from I-L to C-G. The property is shown here -- I'll try and point it
out. The existing zoning splits this larger property. This was our first lot split request
that we processed and it created this parcel here. It's -- the whole property had split
zoning. It fronts onto Franklin and, then, it goes toward the back toward the railroad.
As part of the conditions of approval for the lot split we did require that they submit a
rezone and so we -- we have -- this rezone, in effect, takes the commercial zone to the
boundary of the new parcel. The Planning and Zoning Commission did hold a Public
Hearing on this and they have recommended approval with conditions on the -- on the
summary, but it's really just with comments. No testimony was given by the applicant or
the public at the hearing and there was no real discussion and they have recommended
approval. I did want to point out one thing, The Ada County Highway District sent over
conditions of approval, but this is just a rezone. There is nothing tied to it. So, we can't
really have conditions of approval. So, I would ask that if the Council chooses to
approve this rezone, that they exclude those conditions on Exhibit C. My understanding
-- we didn't get a chance to verify with the Ada County Highway District, but my
understanding was that when the CZC went through for the building that they were able
to get those conditions complied with. I notice the applicant is here tonight and he can
address that, but there is no mechanism for conditions, just the rezone. And with that I
will end staff's presentation.
Meridian City Council
December 14, 2004
Page 13 of 70
De Weerd: Okay. Thank you. Any questions for staff, Council? Okay. Is the applicant
here? If you will state your name and address.
Miller: Brad Miller. 3084 East Lanark in Meridian.
De Weerd: Thank you.
Miller: We are in agreement with the staff report and we are fine with the ACHD
conditions of approval, even though I guess they don't apply to this.
De Weerd: Okay. Council, do you have any questions?
Bird: I really don't.
De Weerd: Anna, did you have any further questions for the applicant?
Canning: No. And I am pretty sure that these are the same conditions of approval that
they have provided at other times, so I feel pretty comfortable moving forward.
Miller: Thank you.
De Weerd: Thank you, Brad. Is there anyone who would like to provide testimony on
this application? Okay.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I would like to close the Public Hearing on RZ 04-012.
Wardle: Second.
De Weerd: The motion was to close the Public Hearing on Item 11. All those in favor
say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I'd like to make a motion to approve RZ 04-012, with excluding the conditions
outlined in Exhibit C.
Rountree: Second.
Meridian City Council
December 14, 2004
Page 14 of 70
De Weerd: Okay. The motion is to approve Item 11, excluding Exhibit C in the ACHD
report. Is there any further discussion? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 12:
Public Hearing: CUP 04-046 Request for a Conditional Use Permit for a
drive-thru window in a C-C zone for Jack in the Box by RHL Design
Group - NWC of E. Goldstone Drive and North Eagle Road:
De Weerd: Okay. Item 12 is Public Hearing CUP 04-046. We will open this item with
staff comments,
Canning: Madam Mayor, Members of the Council, this is a Conditional Use Permit for a
Jack in the Box. It's located off Eagle and Goldstone, I believe it is. The Conditional
Use Permit is necessary only for the drive-thru facility. The restaurant use and the fuel
station use or convenience store are allowed uses. It's only the drive-thru that requires
the conditional use. This is the layout. There is -- the fuel stations are in the front and,
then, the Jack in the Box and convenience store are towards the north end of the site.
The drive-thru comes around to the west. This is also a commercial property within the
EI Dorado Subdivision, This is Eagle Road by reference. There was one outstanding
issue. To create this property, the applicant has requested a lot line adjustment. As
you can see, it's much smaller than this. He intends to do either a future subdivision or
a lot split to effect that. We have been working with the applicant as to just the best
method of accomplishing how he gets to this boundary that he wants for the Jack in the
Box. Under the special considerations in the staff report there was two items regarding
a lot line adjustment and cross-access agreement. I just for the record wanted to state
that those two items will work with whatever scenario we end up going through to create
this property for the Jack in the Box property. So, those two conditions are still good no
matter which process he goes through. It did go to the Planning and Zoning
Commission. They have recommended approval. Richard Dugie spoke in favor of the
application. No one spoke in opposition to it. Josh Wilson presented the application.
There were no key issues of discussion or changes to the staff recommendation. Mr.
Wilson has outlined the site-specific concerns as outstanding issues, but those were
resolved and I did go back and check that, so that's what I wanted to let you know. So,
with that I will end staff's presentation.
De Weerd: Okay. Thank you, Anna. Any questions for staff? Okay. Is the applicant
here this evening? Would you like to provide testimony? See, I set you up. You have
to provide testimony just to answer my question. If you will state your name and
address, please,
Moncur: Steve Moncur from Vancouver, Washington, and I'm construction manager
with Jack in the Box.
Meridian City Council
December 14, 2004
Page 15 of70
De Weerd: Thank you. See, we have to at least have you up if you came all the way
from Vancouver,
Moncur: I feel welcome. I feel the warmth.
De Weerd: That's great. Council, do you have any questions?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I have just one question. Is this one of your standard stores or is this one of
the new prototypes?
Moncur: This is neither a standard store or one of the new JBX. This is what we call a
Quick Stop which has a Jack in the Box restaurant in it and a convenience store. So,
it's a completely different prototype than any of those. And we are matching the exterior
elevations with the EI Dorado, so it's going to look like the other buildings in that area. It
will be nice.
De Weerd: Great. Well, thank you. Any further questions?
Bird: I have none,
De Weerd: Thank you. Okay. We had no one sign up to testify. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the Public Hearing on Item No. 12. CUP 04-046.
Rountree: Second.
De Weerd: Okay. It's been moved to the close the Public Hearing on Item 12. All
those in favor say aye. All ayes. Motion carried.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird,
Meridian City Council
December 14, 2004
Page 16 of 70
Bird: I move we approve CUP 04-046 for Jack in the Box by RHL Design.
Donnell: Second.
De Weerd: Okay. The motion is to approve Item 12. Any further discussion? Hearing
none, Mr. Berg.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES,
Canning: Madam Mayor?
De Weerd: Yes.
Canning: Before you open the next hearing, I had several people come up to me, as
you saw, asking me to organize slide presentations. If we could just take about a two-
minute break, so I can get those organized for those folks, I'd appreciate it.
De Weerd: Okay. Council?
Rountree: I'm fine with that.
De Weerd: Okay. We will take a five-minute break.
(Recess. )
Item 13:
Public Hearing: AZ 04-023 Request for Annexation and Zoning of 76.72
acres from RUT to R-4 zone for proposed Kinasbridae Subdivision by
Vision First, LLC - 4070 South Eagle Road:
Item 14:
Public Hearing: PP 04-030 Request for Preliminary Plat approval for 237
single-family residential building lots and 21 common lots on 76.72 acres
in a proposed R-8 zone for proposed Kinasbridae Subdivision by Vision
First, LLC - 4070 South Eagle Road:
Item 15:
Public Hearing: CUP 04-032 Request for a Conditional Use Permit for a
Planned Development consisting of single-family residential lots with
reductions to the minimum requirements for lot size, street frontage and
request to exceed the maximum block length allowed for proposed
Kinasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road:
De Weerd: Okay. I will go ahead and reopen our meeting here. Items 13,14, and 15
are all related, so I will open all three of them, the Public Hearing on AZ 04-23, PP 04-
030, and CUP 04-032. We will start with staff comments and, then, I will ask the city
attorney to give us an overview as well.
Meridian City Council
December 14, 2004
Page 17 of70
Canning: Madam Mayor, Members of the Council, I struggled with how on earth I was
going to present this to yOU. It's come before you in bits and pieces, I know you know
the name, but you haven't had an official presentation, so I am going to do it in the best
way that I think makes sense, which is to go through the original staff report, show you
briefly the original site plan, go to the Planning and Zoning Commission
recommendation and what they were looking for and, then, go to the letter from Steve
Siddoway that addressed how the new site plan met those conditions. So, that's just to
give you an idea of where I'm going and, hopefully, that will make some sense. I'm not
going to dwell on the characteristics of the development too much, because I think the
applicant has a far nicer presentation for you than I would, so I will let them do that.
But, hopefully, I can just hit some of the planning issues that staff was concerned with.
Okay. With that preamble in mind, here we go. This is the -- this parcel is on Eagle
Road. It's on the east side of Eagle road between Victory and Amity. There is an
existing Dartmoor. The large part of the property is a lot within the Dartmoor
Subdivision. The remainder of the Dartmoor Subdivision is out on Eagle Road. It was
done as a non-farm in Ada County and, then, they also have two parcels south of there
that they are bringing in. As you can see there is a relatively low density of residentials
platted around it. There is not a lot of large parcels, aside from the Dartmoor lot. Most
of these are kind of two, three, four, five-acre parcels and, then, they get a little bit larger
as you go south. This is our Comprehensive Plan designation. This large Dartmoor lot
is shown as low density residential. The other two are medium density residential. And
that becomes important later. And, then, this was the original lot. So, again, I'm just
going to go through this, so that you can see -- you don't understand the last letter from
Steve unless you're able to look at this -- at this first plat. This is the entrance road,
comes off of Eagle, comes into the development as you see here and, then, there is a
connection to Dartmoor Drive that makes a dogleg and, then, ties into the main road.
Find my notes. Sorry. The original -- the applicant has submitted a planned
development, along with the annexation and rezone, as well as they have requested R-
8 zoning. The planned development originally requested a minimum lot size of 7,000
square feet and, then, the city requirement, as you know, is 8,000 square feet. The lot
frontage they originally proposed is 70 foot minimum and to my knowledge that has not
changed. The block length they proposed was 1,300 square feet instead of the 1,000
square foot maximum. In the findings -- in the original staff report the recommendation
was for denial. I mean --I'm sorry. The original recommendation was for approval, but I
wanted to go through some of the findings that were particularly of issue at that time in
the staff report. One was that the new zoning be harmonious with and in accord with
the Comprehensive Plan and, if not, has there been an application for a Comprehensive
amendment. Again, these were the original findings in the original staff report. And the
issue was -- there was that they were asking for a step up in density. They are no
longer asking for that one. So, that was one of the original findings that was kind of
borderline, but they are no longer asking for that step up in density. The new plan that
they have proposed is less than three units to the acre. In Finding 0, has there been a
change in the area or adjacent areas, which may dictate that the area should be
rezoned. For example, have the streets been widened. New railroad access been
developed or planned or adjacent area being developed in a fashion similar to the
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Meridian City Council
December 14, 2004
Page 18 of 70
proposed rezone area. And Mr. Siddoway says this is perhaps the most difficult finding
to make for this project. The subject property is surrounded by one to five acre lots.
Very low density. Tuscany Lakes Subdivision to the west -- it shows up better here.
You can see the beginnings of the platting there -- was platted at 2.4 dwelling units per
acre gross density and 3.1 net. So, although it's similar to what's being proposed on the
west side of Eagle Road, it is dissimilar to what's being proposed on the -- or what
exists on the east side of Eagle Road, Moving on to Finding E. Will the proposed use
be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity. And staff
finds that the proposed use of the smaller lot, single family residential will change the
existing character of the area, which is largely rural. However, the change is generally
harmonious with the intended character as envisioned by the Comprehensive Plan. So,
I wanted to point those out. I'm going to move now to the summary that was prepared
for you coming out of the Planning and Zoning Commission hearing, The Planning and
Zoning Commission did conduct a hearing on September 16th. The applicant Ken
Elliott of Vision First, LLC, testified in favor of the application. The Planning and Zoning
Commission heard and took oral and written testimony, as reflected in the clerk's record
and the minutes, and duly considered the evidence and record in this matter. The
majority of the testimony was in opposition to the project mainly due to density and
traffic issues. And that traffic issue was primarily on Dartmoor Drive and this connection
as you see it there. Key issues of discussion by the Commission included density and
lot size issues, the cut-through traffic on Dartmoor Drive, stub streets, landscaping, and
also the outstanding legal issues. The Planning Commission did recommend denial
and, then, those denials are in that -- those findings are in that recommendation sheet.
So, the Council has before it the findings for approval from the original staff report and
the finding from denial as listed in the summary recommendation to City Council.
Depending on whatever way the Council may want to go tonight, as staff I would feel
much more comfortable if we came back with findings that you could see, because I
think you don't have the findings appropriate to either way that we want to go and I'll just
leave it at that for now, unless the attorney has other recommendations. Okay. Now,
I'm going to move to the letter by Steve Siddoway as the staff report update that was
prepared for hearing and for that I'm going to go to the new layout. It's been washed
out, but as you can see there is Dartmoor Drive comes down and ends in a cul-de-sac
now and we have a connecting street that angles northeastward and, then, ties into the
-- the kind of arching system that's in this area here. So, that was the big change. As
you go through Steve's letter I'm going to leave the outstanding legal issues to the city
attorney. So, I'm going to move down to B on page two. It says -- in response to the
findings is how Steve has organized this. So, the plat needs to provide a better
transition from the surrounding large lot subdivisions, both in terms of increasing the
perimeter lot sizes and reducing the overall density. They have removed two lots from
the eastern boundary, making the average lot size 8,866 square feet along that edge.
All lots in the subdivision now are over the 8,000 square feet minimum. They have
removed two lots from the south boundary along here for the Ten Mile feeder canal,
making the average lot size 8,957 square feet. They have removed one knuckle from
the southeast edge here, so that small cul-de-sac there, making the average lot size
11,151 square feet. And, then, they have removed one lot from the Zaldia Lane,
I Meridian City Council
December 14,2004
Page 19 of 70
bringing that average lot size up to 8,306 square feet. On the west boundary they have
removed one lot, making the average lot size 16,832 square feet in this area here. And,
then, they have removed four lots from the north boundary on here, making the average
lot size 9,381 square feet. And, then, Steve does point out that there is also a 22-foot
separation north of those lots. You can see that little sliver right there. The original plat
included 110 lots, less than 8,000 square feet. They have proposed to remove 18 of
those lots, such that all of the lots are at or over the 8,000 square feet minimum for the
proposed R-4 zone. They have reduce density from 3.09 dwelling units per acre to 2.86
dwelling units per acre and that's related to that one finding that I mentioned earlier that
talked about the step up in density, but is no longer necessary, given the reduction in
lots. When the item went before the Commission, ACHD had not completed their
analysis. ACHD did hold a hearing on October 6 and the final ACHD report did require
several new stub streets to be added to the original plat. The revised plat does address
all of those stub streets. Regarding projected traffic, the original layout would have put
800 new vehicles per day on Dartmoor Drive and this layout, because it is less
convenient now to get to Dartmoor Drive, they are projecting that only 400 vehicle trips
per day will take that route. They are predicting that most of them will come the
southern route. The planned development -- I'm going to quickly cycle through some of
the landscaping. Most of it's just street buffer landscaping. This is the -- as you can
see, the streets as well as the community center, and here is the community. I'm going
to focus a little bit of attention on that for a moment. This is a community park with a
swimming pool, clubhouse, full size basketball court, tot lot, gazebo, picnic tables, and
barbecue stands. Another park with a gazebo was located in the northeast corner. I
believe up in this area. I don't know what happened to it. I'm not seeing it on the -- the
applicant may need to address that one, because I'm not seeing it now. Here we go.
There is the other park and there is a micro-path proposed to connect the two parks.
There is also a path and landscaping proposed along the Ten Mile feeder canal. See, if
I can find that one. I can't. There it is. And additional amenities include a landscaped
entry boulevard, multiple smaller open spaces around the subdivision, a bridge or -- and
here is the bridge. A bridge monument or ornamental street lights. Detached sidewalks
and street trees are also proposed throughout the subdivision, And the applicant has
offered to increase the minimum house size from 1 ,400 square feet to 1,600 square feet
for the subdivision. There is -- the applicant stated that they were going to do a buffer
along Zaldia Lane with a berm, grass, shrubs, fence and trees and that's the south
boundary of the property. Here is Zaldia Lane. The landscape as you see here has not
identified those yet and staff had some concerns about how to best accomplish that.
Right now there is not sufficient room in the common open space there because of the
irrigation easement, there is not sufficient area to put in trees, because they can't be on
the irrigation. We have seen in other subdivisions where the applicant proposes to put
trees in the backyards. Staff has found that enforcement of that condition is very
difficult. You can't get the trees put in before the houses go up and, then, once the
houses go up, there is some question -- it's difficult to make sure that the trees are
going. So, staff had some questions about how best to accomplish that. I think, in
general, we feel it would be better to increase the buffer width to accommodate those
trees, but, then, these lots would likely fall below the 8,000 square feet minimum.
ACHD in their final report has asked the city to preserve additional right of way for Eagle
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Meridian City Council
December 14, 2004
Page 20 of 70
Road. The current Capital Improvement Plan only shows a three-lane road-widening
project for Eagle Road in the next 11 to 15 years. So, ACHO will be only able to
purchase 35 feet of right of way at this time. However, they would ask that the city
consider preserving the 48 feet of future right of way and that that be in a separate
common lot that could be sold to ACHO in the future. The required 25-foot landscape
strip should be at the boundary of that 48-foot right of way. Staff did not have an
opportunity to talk to the applicant about this, so they should verify tonight if they could
accommodate this recommendation. Regarding access easement, this large parcel --
there is one large parcel here. The board obscures the rest of it. It's just a square
property, but right now it's separated from the road by a common lot and because it is a
fairly large property, it would be anticipated that it would redevelop in the future, given
the -- if the surrounding uses, if this were approved. So, staff is recommending that and
ACHO as well have -- would like to see some sort of future access. The way it's written
in the staff report right now it's asking for a cross-access agreement. But also another
possibility might be just to have them have frontage on it for some length of roadway.
So, that that would be secured in the future and they wouldn't have to negotiate with the
homeowners association for that access, but either of those options would probably
work. Finally, in number five Steve points out that there are some findings to resolve.
One of the -- the first bulleted item there, as I mentioned before, the one step density
increase no longer applies with this revised plat. The annexation Finding 0 on -- talks
about how the project relates to the surrounding areas. Council should determine
whether or not the changes proposed by the applicant are sufficient to address the
surrounding compatibility issues. And, then, regarding annexation Finding F, the
Council should resolve -- determine whether or not the proposed reduction in traffic on
Dartmoor from 800 to 400 vehicle trips per day is sufficient to make the finding that it will
not be hazardous or disturbing to neighboring land uses. So, as you see, there are a
number of outstanding issues. That sounds like my phone, but it's not. I'm thankful of
that. Staff anticipates that some of the major issues from the surrounding property
owners will include the density of the project and related traffic impacts. Many
surrounding property owners are hoping for lots of one to five acres in size for the
subject property. Staff recommends resolving the issues raised in the report, including
deleting the preliminary plat site specific condition number two, which I believe Mr, Nary
will explain that one. That's the legal issues. And the Zaldia Lane landscape berm, the
right of way preservation along Eagle Road, the access easement for Lot 17, Block 2,
and resolution of required findings. With that I think I'll end staff's presentation, unless
Council has specific questions or if they'd like to come back after the applicant's
presentation.
De Weerd: Anna, could you summarize the key points in the testimony that was
provided in opposition for this?
Canning: Density and traffic were the two key issues,
De Weerd: Okay. Mr. Nary.
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Meridian City Council
December 14, 2004
Page 21 of 70
Nary: Thank you, Madam Mayor, Members of the Council. Just for the record, to make
it clear, this matter is properly before you. What you have seen before this is some
procedural issues that you have addressed in setting this matter for tonight. As
previously said by Mrs. Canning, this project originally was recommended for denial by
the Planning and Zoning Commission and the plat itself was denied. That was before
you previously as an appeal of that denial. As you know, under our city ordinances the
Planning and Zoning Commission do have the say on plats and if they deny the plat, it
does not move forward to in front of you. They did request -- the applicant did request
reconsideration by the Planning and Zoning Commission. That was not granted. They
came for an appeal. This Council did grant the appeal for the purposes of hearing all of
these matters together and I think you made it very clear at the last hearing that it was
not the intent of this Council to grant the appeal for any other purpose than being able to
hear both the annexation request, the preliminary plat, and the Conditional Use Permit
all at one hearing. This matter was set over one time at the request of the applicant and
that's why it's before you tonight. Probably the only thing -- there is a number of lawyers
in this room and as you would imagine when there is a bunch of lawyers none of them
can agree on one thing, but I think we a]1 -- I think all the lawyers do agree that this
matter is within the discretion of this Council on the decision of annexation, that I don't
think that's a legal issue that has been before the Planning and Zoning Commission or
you or in the documentation we have received to this point. It is within the city's area of
impact, it's within the discretion of this Council to decide that tonight as part of this
hearing, unless more information is needed. I don't think that's a legal issue you need
to be concerned with. The rest of it there probably is a tremendous disagreement and
this Council will probably hear a lot of different legal issues being addressed by both the
applicant and as well as the neighborhood, both through lawyers and on their own. The
issues predominately -- and what the Planning and Zoning Commission had originally
denied, the preliminary plat, was concerned with, again, the same legal issues, the
concern that was expressed in the recommendation for Planning and Zoning, was that
there were other legal issues and the P&Z was concerned about the city becoming
embroiled in a lawsuit over this particular property. What I advised the Planning and
Zoning Commission and advised this Council is under Idaho Code 50-222, that's not --
that's not a finding that this Council needs to concern itself with on whether to annex
property or not. What the Council has to be able to address in an annexation is,
essentially, three things. First, that the property is appropriate to be annexed. And
what that means is that if it fits all the requirements of annexation, it's contiguous to the
city, services can be provided, are probably the two most important. Secondarily, that
it's consistent with the public purposes addressed by this Council and the needs of the
City of Meridian. Again, that's based on the testimony that you hear, based on the
information that you have received prior to that that's part of the public record, that's this
Council's decision on whether an annexation is appropriate based upon that and, finally,
that it's reasonably necessary for the orderly development of the city, That, again, is a
discretionary decision of this Council to decide and] think Ms. Canning has summed it
up very well in looking at all of this project in conjunction with this annexation, you have
to look at the consistency with the remainder of the city, the services that can be
provided, whether or not it fits the orderly growth pattern as this Council determines it to
be, those are all land use decisions within your discretion. Again, you will hear a lot of
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Meridian City Council
December 14, 2004
Page 22 of 70
legal issues on the applicability of the county's ordinance. When this was previously
part of the Dartmoor Subdivision, as I stated previously, in the Council meeting, the
county's ordinances, if this property becomes annexed into the City of Meridian, do not
apply, the city doesn't have authority to enforce county ordinances and the city does not
recognize county ordinances within its city limits. So, that isn't an issue and that was
the reason that the Planning and Zoning Commission's recommendation was not
appropriate and why this Council granted the appeal. So, that may be an issue again
tonight, there may be some discussion, but that's still the same opinion that I rendered
previously, that I wanted to make sure was on the record. I think that covers all that's
within the bounds, but, again, it is clearly within your discretion tonight, it is properly
before you for this hearing, so --
De Weerd: Council, any questions for staff at this point?
Bird: I have none, Mayor.
Donnell: None.
De Weerd: Mr. Attorney, I guess I would have one in terms of these county clusters and
when they put a note on the plat and, then, the county allows a split. In the county's
opinion does that plat note follow the land?
Nary: Madam Mayor, Members of the Council, you will probably hear some differences
of opinion on that particular point and there are some cases in Idaho that have some
discussion that probably addresses that to some degree on whether they actually follow
the land. In my opinion I don't believe they do. I don't see how a plat note from one plat
can be transferred to another, but there is probably going to be some testimony about
some reliance that people have upon those plat notes in what land use decisions they
make. That's probably the crux of the legal issue, that if this matter were to get beyond
this hearing room to a district court that may be an answer a district court judge may
have to answer better for us, but the case law is not very great in the state of Idaho on
that particular fine point and I think that's probably why we are here and why there is so
many people here is it's not quite that clear, but my opinion, again, it is not within the
city's jurisdiction or authority to apply county restrictions or county requirements upon
city subdivisions.
De Weerd: I guess at some point the city should meet with the county on that, because
the way their ordinance is on these cluster developments, this is one of many that could
come before us. So, that question needs to be answered. Otherwise, you will have
these developments where they develop a cluster, then, they split off their open area --
their required open area and you get this time and time again. So, that is something,
staff, that we will want to address in one regard or another.
Nary: Madam Mayor, just another point on that. Part of the reason we are here on this
particular one -- and that may not be as prevalent an issue in the more -- the more
recent county cluster subdivisions is because the ordinance itself has changed. And the
Meridian City Council
December 14, 2004
Page 23 of 70
ordinance in the county now allows it to happen when there are services available to it,
whereas the path when this particular subdivision was created, they had a time
restriction and the time restriction, at least from the information we were able to gather,
was not really based on any particular specific point in time that they felt there was --
that 15 years didn't have some magic to it, that 15 years was what was generally
anticipated as to when services would occur in those areas. Services got ahead of that
and so that's why this one has that. We may not see that it's much in all of them, but
there certainly are other county subdivisions and, you're correct, in the southern area of
our area of impact that may have similar types of wording or restrictions on it that may
have the same applicable concerns, so --
De Weerd: Okay. Thank you. Anna, before we move on to -- just to point out to
Council where this has its contiguous boundaries.
Canning: Yes, ma'am, if I can get my mouse up here. Oh, I'm frozen. That's why.
Madam Mayor, Members of the Council, the point of contiguity is right here to Tuscany.
Rountree: Follow that dot.
De Weerd: Don't blink. Okay. Thank you. I would like to preface this. There has been
a lot of testimony, both in the Planning and Zoning hearing and the written testimony
from e-mail and letters that we have received. I would like to read those names into the
record, so that it is -- even though it is part of the record in front of you, to acknowledge
that Tim O'Brien, Frank and Sue Shoemaker -- and if I mess up your name, I will
apologize in advance, okay? Frank and Connie Stotts. Phillip and Judy DeAngely.
Michael and Paula Reedy. Robert Burns. Tim and Renee Ruhl. Gordon Bates. Tom
Smith. Rick and Brenda Schultsmeier. Sherry Lewis. Troy Quick. Chantelle Krasinski.
Greg and Bev Vertel. Rex and Tammy Cook. Jeff and Sharon McKee. Lisa Job.
Michael and Donna Rich. George Hicks. Jeff and Virginia Walkersein. Tim and Lori
Wallace. Ronald Patton. Bob and Lisa Becker. Brady and Theresa Turner. David and
Valerie LaVigne. Edward Miller. And Rick Scott. Stott. Sorry. Council, have you read
all the testimony that's been provided? Councilman Wardle?
Wardle: Yes.
De Weerd: Mrs. Donnell?
Donnell: Yes, I have.
De Weerd: Mr. Rountree?
Rountree: Yes, ma'am.
De Weerd: Mr. Bird?
Bird: Yes, ma'am.
Meridian City Council
December 14, 2004
Page 24 of 70
De Weerd: Do you have any questions at this point?
Bird: I have none at this point.
De Weerd: Okay. As you can see, Council has read all of the testimony, so we do want
to assure you that that testimony has been read. At this time I would also, since we
have a full house -- and I know you have been in front of us several occasions, but
haven't been allowed to speak, but if I can have a show of hands those that were in
support of this application, if you could, please, indicate your support by raising your
hand. Thank you very much. Okay. And those in opposition of this application, if you
will raise your hands. Okay. Thank you. With that said, I would like to invite the
applicant forward. We have a time limit on the applicant's part of 15 minutes.
Elliott: Thank you. Thank you, Madam Mayor and Members of the Council. My name
is Ken Elliott, I'm resident legal Council for the applicant Vision First, LLC. My address
is 661 South River Shore Lane, Suite 120, Eagle, Idaho. 83616. I'd like to quickly
introduce our team with me here tonight. The senior partner of Vision First is Randy
Cuarno, seated in the back row. Directly in front of him our legal counsel Ed Miller from
the Givens Pursley law firm. Both of them will be available to answer the Council's
questions on any specific matters later and Mr. Cuarno would like to make some closing
comments at the conclusion of the -- of the comments. Vision First is an experienced
developer of residential communities. We have offices in Eagle and in Vancouver,
Washington, although Kingsbridge is our first project in Meridian, the company has
developed literally thousands of residential lots over the past several years, in Oregon,
Washington, and now Idaho. We take pride in the neighborhood amenities that we put
into our projects, the landscaping, streetscape, and architectural controls. We are
confident that Kingsbridge will be developed at a standard that is at least as high or
higher than other projects that you have seen in the City of Meridian. Our notice of
appeal to the City Council, my letter, details the case background and the staff has
discussed the ways in which we have revised our plat to address the concerns of
Planning and Zoning, as well as the neighbors who testified at the September hearing.
We reduced our density from 237 residential lots to 219, reducing the average gross
density to 2.86 dwelling units per acre, which puts it in compliance with the maximum for
the R-4 low-density zone. We eliminated all lots of less than 8,000 square feet, which is
the minimum lot size for R-4 without a planned development. We increased the size of
all lots on the project perimeter. We obtained, after Planning and Zoning's hearing, a
favorable recommendation from ACHD. That recommendation was conditioned on the
cul-de-sac that you see at the end of Dartmoor Drive and the addition of the two stub
streets at the northwest and the northeast corners of the project. We did not reduce our
open space at all, so the expansion in lot sizes was not at the expense of open space or
amenities, we still have 11 percent of the site maintained as open space. And, finally,
we have a letter from our legal counsel Ed Miller addressing the Dartmoor covenant.
We would urge the City Councll tonight to follow the guidance of the city attorney, the
comments made both at the November 3rd hearing and, again, tonight, that the issue of
the covenant should not be a ground for a finding that annexation is not in the public
Meridian City Council
December 14, 2004
Page 25 of 70
interest, that it, indeed, is beyond the City Council's jurisdiction and is a private real
estate matter to be resolved by Kingsbridge and the Dartmoor neighbors in court if
necessary. Kingsbridge meets the criteria for annexation and annexation is in the public
interest. The site is within the area of city impact, the urban service planning area. Our
property is contiguous at the southeast corner of Messina Village at the centerline of
Eagle Road. There are sewer and water mains in Eagle Road adjacent to the site and
adequate sewer and water capacity is available to serve our project. With respect to
zoning, the future land map shows that our site is split between two residential
densities. The 56 acres north of the Ten Mile canal are planned for three units per acre.
The 28 acres south of the Ten Mile canal are designated for medium density at four to
eight units per acre. Our overall project density on the revised plat, though, complies
with the more strict low-density limit at 2.86 units per acre. By comparison, our previous
plat with 237 lots had a density of 3.09 units per acre, slightly above the R-4 maximum.
It relied on a blending of densities between the low and the medium, but that issue is
now gone, as the staff report pointed out, we are no longer seeking the one zone
density step up. Kingsbridge provides a transition from the medium density residential
areas shown on the future land use map to the south and to the west and, then, to the
rural existing subdivisions to the east and the north outside the city boundary. A straight
subdivision of these two sites would have allowed either 17 -- or four lots per acre on
the 17 acres south of the canal, up to eight lots per acre. So, between 68 and 136 lots
and 168 lots on the north 56 acres at the three units per acre density. So with just two
straight subdivisions, without seeking any planned development, we could have
developed between 236 and 304 residential units without any relaxation of the density
standard, compared with the 219 units that we are proposing on our revised plat. All
lots on our revised plat comply with the 8,000 square foot minimum lot size for the R-4
zone, even though the medium density residential tract south of the canal would have
allowed lots of only 6,500 square feet in size. Our previous plat had a total 110 lots of
less than 8,000 square feet in size, as shown in yellow on this site plan. There are none
in our revised plat. We reduced that number of substandard lots to zero. Our average
lot size has been correspondingly increased from 8,526 square feet, based on the 237
lots, to 9,730 square feet now, Kingsbridge exceeds the approval standards for a
Conditional Use Permit for this residential planned development. Our revised plat
contains the same amount of open space as the previous plat, 11 percent. The 11
percent qualifies as one of the two required amenities for a planned development.
Additional project amenities are shown on this diagram of the main park. They include
the park, clubhouse, swimming pool, basketball court, tot lot, picnic tables, barbecues.
We have an entry monument at the Kingsbridge Drive entry off of Eagle Road leading to
a landscaped median, a tree lined boulevard extends to the landmark Kingsbridge that
crosses the Ten Mile canal. Throughout the project we have street lined tree -- street
lined -- or tree lined streets with eight foot planter strips between the sidewalk and the
streets, so we have detached sidewalks and landscaping throughout the project. In the
northeast area we have a pocket park with a gazebo. There will be ornamental street
lights throughout. And as mentioned in the staff report, pedestrian paths connecting the
two parks. This compares very favorably with the two standard subdivisions which
could have otherwise been approved on these sites with as many as 304 lots and no
project amenities. The Kingsbridge preliminary plat conforms to the Comprehensive
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Meridian City Council
December 14,2004
Page 26 of 70
Plan. We have public service available in Eagle Road. We will be extending all of the
public utilities into the project site and build the Eagle Road frontage improvements that
are shown on ACHD's plan for widening of the road. And there will be no required
expenditure of public funds as a result of extending the utilities into the site. As to
compatibility with the Dartmoor rural subdivision, this has been a contentious matter.
We met on two occasions with the Dartmoor neighbors. We submitted all of our revised
plat and supporting documents for their review and discussion after the Planning and
Zoning Hearing. We have attempted to address their concerns in several ways. First
by expanding even further the area of the adjacent lots. We have the lots shown there
in dark that abut the eastern boundary of Dartmoor, we have eliminated one lot there,
so the average size now is up in the range 16,500 square feet. We have also taken out
a lot there on the cul-de-sac, so that you see the lots 36, 35 and 34 that adjoin Dartmoor
are -- two of them well over 17,000 and one about 16,000 square feet in size. We are
proposing and the previous recommendation of staff recommended privacy fencing,
vinyl fencing, throughout the project perimeter and with the police department standard
for security where it adjoins the buffer areas, we would have that at four feet high solid
fence and, then, a two foot lattice above that. And we also have proposed -- and this is
the question raised by staff that this design did not get incorporated into our revised
landscape plan, but we are committed to abiding by this detailed cross-section for the
berm and fence along Zaldia Lane. We are prepared to following the city's guidance on
this. We could either plant trees, one on each lot inside the fenceline as shown on this
diagram, or expand the width of the buffer strip and have the trees planted within a
common area tract, but outside the area of the irrigation easement. So, the fence -- in
that scenario we would have the fence moved further to the north and the tree would be
on the south side of the fence on each lot. So, we have two strips south of the
fenceline, both the irrigation easement and, then, a common area tract. Either of those
conditions would be acceptable to us. As I mentioned, we have detached sidewalks
and street trees throughout the project, 11 percent open space, all of the amenities that
you have seen and we have also agreed with the Dartmoor residents that we would
improve the tail water, which now runs from the field along the south side of Dartmoor in
an open ditch that's prone to lots of weeds and makes it difficult for the adjoining yards
to be maintained. We would put that in a pipe and route it along the south side of
Dartmoor to Eagle Road northerly along Eagle Road to the Dartmoor irrigation pond,
which is just north of their entry. Traffic mitigation, we -- as I mentioned, the ACHD has
recommended approval of this project. We felt attempted early on to convince ACHD to
allow the termination of Dartmoor Drive at the boundary of the project. They declined,
they said it was against their policy. The recommendation they made in lieu of that was
to create the cul-de-sac, which we have incorporated into our design. By doing that we
-- our traffic engineer concluded that the trips going through Dartmoor would be cut in
half from an estimated 800 vehicle trips per day to 400. And you see the cul-de-sac
there adjoining the park, which Dartmoor Drive used to connect through sbridge Drive.
The traffic circulation is designed to minimize the trips going through the Dartmoor
neighborhood. We are building a very prominent entry at Kingsbridge Drive with the
monument signage, with the median landscaped. We will be directing vehicle trips to
the Kingsbridge entry on and off of Eagle Road and in order to help with that we will be
widening Eagle, adjoining our project to include dece[ and accellanes northbound and a
Meridian City Council
December 14, 2004
Page 27 of 70
left turn pocket southbound. This diagram shows the traffic calming measures that we
will be implementing where our Dartmoor Court connects into the existing Dartmoor
Drive bulb, We will be narrowing down the street, having the sidewalk taper into the
bulb and, then, continuing with a stripped pedestrian path on the existing Dartmoor
Drive. This particular design has been approved by ACHD on other projects and they
have found that it works very well to make the transition between an urban and a rural
subdivision. Much of the neighborhood opposition and the discussions at Planning and
Zoning focused on the characterization of our site as being in a rural area and, thus, this
urban low density subdivision is incompatible with its surroundings. I'd like to ask
Heather if you could put the larger map up in front in case some people can't see the
screen, but -- or over here on the easel. Sorry about that.
De Weerd: Sir, I might tell you your time is up.
Elliott: Okay. We will save it for rebuttal. Thank you.
De Weerd: And you will have ten minutes then.
Elliott: Thank you.
De Weerd: Council, do you have any questions for the applicant at this time?
Bird: I have none.
Rountree: Not at this point.
Elliott: Thank you.
De Weerd: Thank you.
Canning: Madam Mayor, I wanted to make a quick clarification on something the
applicant presented regarding the Comprehensive Plan. The low density allows for
density of three dwelling units or less per acre. The medium density -- there is a tiny bit
of overlap. It says three to eight dwelling units per acre. Staff has always taken that to
mean 3.01. The applicant's testimony said four to eight, so I just wanted to make it
clear that it was just 3.01 to eight units per acre.
De Weerd: Okay. Thank you, Anna. Council, any questions at this point? Okay. I
guess I would ask is if there is a spokesperson for any of the groups that are here
tonight and that way I can allow that spokesperson more time if there are people willing
to give their time to that spokesperson. So, are there any designated spokespersons in
this room? Okay. If you will, please, come and speak into the mike. Were you sworn
in?
Burns: I was, indeed.
Meridian City Council
December 14,2004
Page 28 of 70
De Weerd: Okay. If you will state your name and address.
Burns: Yes. My name is Robert Burns, I am the attorney for Dartmoor Subdivision and
my address 101 South Capital Boulevard, Boise, Idaho.
De Weerd: Okay. At this point you have three minutes. Is there anyone in the
audience who you are speaking on behalf of, if you will, please, raise your hands.
Burns: Dartmoor Subdivision.
De Weerd: Are you willing to give your time to your spokesperson?
Burns: When you ask are you willing to give your time, are you asking them to give up
all their time or just a portion of their time? Because I don't think--
De Weerd: That will be very hard to track.
Burns: I only intend to speak for a few minutes, but I wanted to speak before most of
them got up,
De Weerd: Okay. If you can speak in your three minutes time it's not an issue.
Burns: Great.
De Weerd: Okay.
Burns: I wanted to address, as an initial matter, a comment that's made in this staff
report update, because I'm not exactly certain what the update means when it reports
that -- back in the second to the last paragraph on the first page the update states:
When granting the appeal, the Council found that one of the primary reasons for denial,
legal issues surrounding the developability of the land based on prior Ada County action
was invalid and should not have been considered as a reason for denial. I'm afraid that
that statement is misleading and let me tell you why. It is just absolutely clear that when
this City Councilor any other city annexes property into the city it's a legislative action
and as a legislative action, as the city attorney indicated just a few minutes ago, this
body has discretion to do as it pleases and because it has discretion to do as it pleases,
it can consider any matter that it believes is relevant to the decision pending in the
annexation. It's not held to firm standards, because it is a legislative matter and,
therefore, this City Council can absolutely consider the private zoning restrictions or the
plat restrictions, CC&R restrictions in connection with deciding whether or not it wants to
exercise its discretion in annexing this property. So, I think that's an important point that
I wanted to clarify, is that although you are not bound by private restrictions, CC&Rs,
plat restrictions necessarily, you can consider them in connection with exercising your
discretion this evening, because you have the absolute right to do as you feel it's the
appropriate thing to do for the benefit of the citizens of this community. Now, I provided
the City Council with a letter, which you have made reference to, at least by citing my
Meridian City Council
December 14, 2004
Page 29 of70
name earlier, and the letter is dated October 11th of this year and in this letter I explain
why concerns with equity, fairness, good government and prudence should prevail over
the given fact that the City Council does have the discretion to annex into this city the
property at issue should it want to. And I don't want to restate and go over what I stated
in my letter, because I know that you have read it, you made that clear at the beginning
of the evening. I would offer to answer any questions should anybody have questions
with what I stated in my letter. But if there are no questions, let me just get to the point.
At the time my clients, the residents of the Dartmoor Subdivision, bought their property,
there was a recorded plat and CC&R in place on their property, as well as the bulk of
the Kingsbridge Subdivision, that promised that there would be no development in that
property until 2009.
De Weerd: Your time is up.
Burns: And there is the deed restriction. I would simply ask the City Council members
to read that deed restriction and see if there is any question as to the promises that
were made to these residents with respect to the use of the property.
De Weerd: Council, do you have any questions?
Bird: I have none.
Rountree: None at this time.
De Weerd: Okay. Thank you. Okay. I do have a number of people signed up to testify
and what I'll do is I'll read off your name and indicate the support for or against. If you
would like to provide testimony, I will ask you to come forward at that time. Rick
Anderson, against. Okay. Do you wish to provide testimony? Okay. Thank you. And
your wife also Delphia. Okay. Is also against. Bradford Deadman. Okay. Against.
Deadman: Hello, My name is Bradford Deadman. I reside at 3644 East Zaldia Lane,
which is on the southern border there of the proposed subdivision.
De Weerd: Were you sworn in?
Deadman: Yes, I was,
De Weerd: Thank you.
Deadman: Of course, again, I prepared something that I really wanted to say and had
to change it as a result of listening to some of the initial comments here tonight. The
main thing that I'm very interested in is the recent comparison of this subdivision to
being broken down into two parts, one addressing the large neighborhood proposed
north of the Ten Mile feeder, as well as looking at a portion of the subdivision south of it.
My idea here is that the proposal is -- that the whole is far greater than the sum of these
two parts that we are looking at and to portray low density, excuse me, on the slides as
Meridian City Council
December 14, 2004
Page 30 of 70
individuals doesn't seem like a very bad thing, but to take them both together, we are
clearly looking at an area that is going to have high density. I am still very adamant
about my interest in my five acres of property being bordered by very small lots versus
larger ones where the homes compliment each other and there is a smooth transition
from neighborhood to neighborhood. I am very adamant in my desires to see a balance
of density in the form of a harmonious blending, which is something that I know is a
target. My -- forgive me for hemming and hawing here. I'm so passionate about this. I
have attended every meeting, I have been very involved and very interested. I'm not a
direct -- as you can tell, I am not neighboring Dartmoor, but I have met all of these
neighbors, we share the same concerns, I have a border property that I have
approximately 950 feet of frontage that will be affected by this proposal. I'm very
curious what it would be like for emergency services or anybody to reach the portion of
this neighborhood in the very far northeast corner of this neighborhood should there be
an accident or something in someone's home. I'm very protective of my six-year-old
daughter and my wife. I'm glad to know that I'm just 30 seconds off of Eagle Road, if I
have to get either an ambulance to my home or directly shoot down toward -- across the
freeway to St. Luke's. I sure hope that this is not a direction that the neighborhood is
going. I was also one of many people that was told by my realtor, when considering the
purchase of my land, that, indeed, our neighborhood would be bordered by a
neighborhood that has the 15 year moratorium, I guess is the -- is that the proper term?
On development. So, I was definitely led to believe that that would, indeed, be the case
and that that would give me a chance to grow some trees. So, that is a big interest of
me, considering the representation of my property and the representation of the
property directly north of me. Thank you very much.
De Weerd: Thank you.
Donnell: Madam Mayor--
De Weerd: Can you tell me --
Donnell: I was just going to ask the same thing.
De Weerd: -- where your lot is?
Donnell: Yeah. Can you point that out?
Deadman: I'm going to do my best here.
De Weerd: Mr. Nary, can you move that -- the board?
Deadman: I am right here. My wife and I and my daughter, we have -- our building
envelope places our home right toward the back of this property. Of course, here is
Zaldia Lane and here is five-acre plats all the way across the board. So, we are toward
the back end.
Meridian City Council
December 14, 2004
Page 31 of 70
De Weerd: Thank you. Council, any other questions? Thank you so much. A P.o.
Angel is against. Okay. When we get to him we will call him up. Thank you. He was
tardy? What happens when you're tardy? I guess we will ask Mr, Shoemaker to go
ahead and speak. I guess I will also have to swear you in. Is the testimony that you
provide tonight the truth, the whole truth, and nothing but the truth, so help you God?
Shoemaker: Yes, it is.
De Weerd: Thank you. Please state your name and address.
Shoemaker: Okay. Thank you. My name is Frank Shoemaker. I currently own five
acres on Zaldia Lane, currently building a house there. The address is 3497 Zaldia
Lane on a five-acre parcel of land that abuts the south end of the proposed project. I
have been a real estate appraiser in the Boise valley since 1977, so I think I have a
good understanding of what creates values. Obviously, I don't disagree with
development, as a share of my income comes from the end result, appraising
residential homes for lending and mortgaging purposes. However, as Kingsbridge as
proposed, I do not think that is the best interest for my neighborhood. From my view
point I see Kingsbridge as a typical tract development that exists throughout the
Meridian area. We -- typically the development puts up some berm and landscaping as
a buffer zone on the street areas and, then, they do some litt[e calming area to appease
the appropriate parties, sometimes they donate a school site or whatever and
everything looks the same when you drive down the rows. Their intent is to sell the lots,
not to develop them with improved -- improvements on them. So, consequently, what
we end up with are developers selling lots to several builders, most of them just mirror
each other in their construction techniques, so we see a lot of houses that mirror each
other. In my opinion that is what Kingsbridge is at this point in time. I purchased the
four acres -- I purchased the five-acre parcel four years ago and I'm just now starting
construction there. If Kingsbridge would have existed when I was looking to buy the
property, I would have not have purchased it. I was buying the five acres and the
country environment and the close in proximity and location to services. The
surrounding lots are larger lots than five acres on the majority of the property. And,
then, we have the Dartmoor Subdivision, which is the nicer custom built homes on
three-quarters, one acre lots, some of them are smaller, but the larger homes also exist.
If I were to do an appraisaJ today on approved construction on five acres on Zaldia
Lane, my comparable property would be the most similar properties I could find in the
neighborhood. Obviously, I'm going to have to go out into the county for that and when
I'm out in the county what J'm going to see is a county and the rural environment,
whereas on Zaldia Lane what I'm going to see from my home and any property that
borders that, particularly those on Zaldia, Terri, Selatir.
De Weerd: I'm sorry, your time is up. Council, do you have any questions for -- thank
you. Okay. Tim Wallace is against.
Wallace: And I'm here a lot.
Meridian City Council
December 14, 2004
Page 32 of 70
De Weerd: If you will, please, state your name and address.
Wallace: My name is Tim Wallace. I live at 3834 South Gideon in Meridian, Idaho.
De Weerd: Thank you.
Wallace: We have been --
De Weerd: Your times up. I'm sorry. You stand up here way too much. I'm sorry.
Wallace: One of the things that I hope you people consider -- I have heard the
language both ways. If Meridian annexes our parcel into Meridian, that -- from the
county, that our 15 year deed restriction goes away and at the time, as I wrote on my
letters to the Council, ten years ago we paid a premium for that one acre that I
particularly have. I was the first one to build there and with the idea that there would be
no building on that 56 acres for 15 years and now we are in the ten year zone and not
only do they want to put multiple houses from one to two acres that we were told that
would be put there, now they want to put a multitude of houses and, then, the street is
going to be considerably busier with traffic than it is right now. I just hope that you
consider the thought and what we bought into was that for 15 years we did not have to
deal with any type of housing or anything going in behind us and as the gentleman
stated before us, is I have done research on the property and what my property values
will be after this development goes in and it will be 10 to 20 percent below what it is
appraised for right now. I guess being in the car business I could say it's like buying a
brand new car with a five year warranty and you move to Meridian and, then, that goes
away. I don't feel that that's right. Thank you.
De Weerd: Thank you. Okay. Lori Wallace has signed up against. Only if they are a
spokesperson for many, other than for each individual.
L.Wallace: I'm Lori Wallace and I live at 3834 South Gideon and I just wanted to say
that we purchased our house knowing this 15 year deed restriction was going to allow
us to have 15 years and you're going to turn it all away?
De Weerd: Thank you. Ron Patton. Against.
Patton: Madam Mayor, Council Members, my name is Ron Patton, I reside at 385
South Gideon Place in the Dartmoor Subdivision.
De Weerd: Thank you.
Patton: I wanted to just touch on the traffic issue that's been brought up before. I
appreciate the attempts that have been made to limit the traffic flowing through
Dartmoor. You know, unfortunately, Kingsbridge has got a problem, you know, the
location they are putting the subdivision is very land locked. Their only access is the
two points out to Eagle Road and, unfortunately, one of those being through my
Meridian City Council
December 14, 2004
Page 33 of 70
subdivision. I don't really want to argue the numbers, whether it's 800, 400 cars, I don't
really know, but you can look at that picture and see that the majority of the traffic is
going to flow north, people are going to head north. So, a large portion of that upper
half, that northern half is -- they are going to want to go down Dartmoor. It's going to be
more convenient for them. And, unfortunately, unlike their main entrance, we have no
traffic buffers, we have no privacy fencing. Our houses on the street, all open fencing.
Our children walk and wait for the bus on that road. This is, to me, the largest concern.
I would be -- feel much better if they had a different access off to another main road that
would severely limit the traffic driving onto Dartmoor. It kind of seems like we are kind
of getting hit double here. Not only do we have this high density subdivision getting put
in right next to us, we also have the burden of the traffic flowing through our subdivision
to that -- to that high density subdivision. So, I hope you consider that in making your
decision. You know, this is -- this is maybe a very nice subdivision. The problem I see
is the placement. This seems like the wrong place to try to fit it in. It's kind of shoe
horned in, you know, where they could put it, land locked all the way around. I just don't
feel that it's right to have us -- that traffic flow right through our subdivision. Thank you
very much.
De Weerd: Thank you. Any questions? Okay. Mr. George Hicks, Against. Does Mr.
Hicks wish to provide testimony?
Hicks: Thank you, Your Honor.
De Weerd: Were you sworn in?
Hicks: I am not sworn in, so I will do that.
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
Hicks: Yes.
De Weerd: Thank you. Please state your name and address.
Hicks: My name is George Hicks. My office address is 1471 Shoreline Drive in Boise,
Idaho. Suite 100. I'm here this evening on behalf of folks who have some interest in
this open space that was promised to them until the year 2009. They are members of
the Bridlewood Subdivision and Bremerton Subdivision. There is a letter that I wrote to
Your Honor and members of the Council in the record already. I wanted to augment the
record just briefly and point out a few things in my short time. Back in the time when
these subdivisions were approved in the county, Bremerton Subdivision and Dartmoor
Subdivision had provisions in them that didn't just magically appear out of the whole
thought. They were placed in these -- on these plats under a county code provision 8-
4B-7 under nonfarm development, under subsection F in that particular ordinance.
There are open space requirements and there were four options and it appears that the
developers at that time chose option number four, deed restricted private ownership for
Meridian City Council
December 14, 2004
Page 34 of 70
a period of not less than 15 years, which shall prevent development and/or subsequent
subdivision of the open space area and provide the maintenance responsibility,
including the payment of all taxes and charges. This, I guess, was a promise made in
an ordinance, it was made by public officials in open meetings like this, to people who
spent a lot of money to buy lots and to build homes in this area, because it was a rural
area. And this particular development -- and I must congratulate the developer, the
applicant, I think they are very organized and they make a great presentation, but it's
not for now and it's not for here. I think a couple of things that you should look at and,
with all due respect, I wonder where Mr. Nary got his idea that this 15 year restriction
was just kind of a guesstimate of maybe when the various city services might reach the
area. It's really real to these people. It's really real. And that's one of the things they
counted on when they bought the land and they built their houses. Please look to your
own ordinances with regard to what conditions are placed upon development and I
quote from Meridian City Code, There are three very -- three ordinances, 11-1-6 is the
one that's pertinent here, where the conditions imposed by any provision herein upon
the use of land or buildings or upon the bulk of the building are either more restrictive or
less restrictive than comparable conditions imposed by any other provision herein or
any other law, ordinance, resolution, rule or regulation of any kind, regulations are more
restrictive or which impose higher standards or requirements shall govern. Thank you
very much for your time.
De Weerd: Thank you. Okay. Robert Burns. We have a letter or -- has provided
testimony. Is against. Have new testimony to offer? Okay, I'm sorry. I didn't check
you off. Lori Allen. Against.
Allen: I'm Lori Allen, I live on 3550 Terri Drive adjacent to the subdivision.
De Weerd: Thank you.
Allen: It's a pretty lousy copy and she said she would put it up anyway, but if you can
see by the highlighted yellow, that is what the one-acre area looks like. She has it
turned around sideways, but Victory is north, if you wouldn't mind.
Canning: I can do that.
Allen: Thank you. I thought the developer had been quite careful to show you a view
that was favorable of his presentation, rather than showing you all these single family
acreages in the rural setting and, then, all of a sudden this mass of housing in the
center of it, it just doesn't seem to be necessary to me and that was one of your
statements, that it needed to be necessary to the development to the city plan. I don't
think it's necessary in that place. Probably it will be a nice subdivision, but I don't think it
needs to be there and I have a very small voice, I haven't got an attorney, but I have
one of the largest contiguous lot lines and I will have probably seven or eight more
homes adjacent to me and that's certainly not what I bought into and I thought I had at
least 15 years because of that 15 year clause or I would have fought the original
Dartmoor Subdivision a little harder, but they implied -- told me that we would have 15
Meridian City Council
December 14, 2004
Page 35 of 70
years at least and it would be rural when it did come. It would be more acre
subdivisions, so I just hope you will stick with that. Thank you.
De Weerd: Mrs. Allen, can you point out where your lot is? Kind of the northeast
corner?
Allen: Yeah. It's -- there it is.
De Weerd: Right there. Okay.
Allen: Thank you.
De Weerd: Okay. Phil Allen is also signed in opposition. And, sir, were you sworn in?
Thank you.
P.Allen: Phil Allen, 3350 South Terri. On the same northeast lot. And I just wanted to
say that I agree with everybody here. When we went there we understood the 15 years
when they approved the Dartmoor and, furthermore, it was to be -- when it was
approved development it was going to be larger lots and I guess my biggest problem is
is that when we were told something, what are we supposed to believe and who are we
supposed to listen to and if you tell us something here today or tonight, what are we
suppose to get out of that? Will it change tomorrow or next month? I mean this is the
public out here and we are here and we are saying what's out here to protect us?
What's exactly legal or what's right? That's about all I got to say. Thank you.
De Weerd: Thank you. Okay. I would like to remind everyone, if we could bring in new
testimony. We have seen that most everyone in this room is in opposition and we have
been able to look at the record as stated. So, if you have new testimony -- because
there is a lot of new detail in front of us that you haven't been able to comment on. I
would ask that you limit those comments to that. Lee Moncar is signed up against.
Thank you, Anna.
Moncar: My name is Lee Moncar. I live at 3415 South Terri Drive, right on that lot right
there, and I'm going to have about nine houses backing up to me right there.
De Weerd: Thank you.
Moncar: I'm the second owner of this house, It was built in '75 and the man that I
bought it from originally was a good friend of mine and a builder in this valley and this
was his original place. He just -- they got to be too elderly to take care of it and it was
getting run down and I ended up buying, but that was the same thing I was told by him,
this moratorium for Dartmoor being started, he was one of the first five or six houses
around there that had a say in Ada County to the development of Dartmoor. So, when
that came through and he explained that to me, that was the only reason why we
bought the property, too. And I spent over a year and a half remodeling and adding on
and this and that to our house to get it where we wanted to live there. It would just be a
Meridian City Council
December 14, 2004
Page 36 of 70
real shame to have a development -- a small city stuck right into this rural area that
probably doesn't even have a hundred homes in that square mile, to put two hundred
and some right there for monetary gain for somebody else or just because the sewer
and water is right there, that makes it okay just to make this all right now is just not right
and that's all I have to say.
De Weerd: Thank you. And Sandy Moncar is also against. Thank you. Brady Turner.
We also have testimony on file. Is in opposition. Thank you.
Turner: My name is Brady Turner. I live at 3678 South Caleb Place in Meridian. I was
sworn in at the beginning of the meeting.
De Weerd: Thank you.
Turner: In the initial meeting between Vision First and Dartmoor resident subdivision
back in February, the plat that was presented to the Dartmoor residents was 222
homes. When the Vision First filed for the P&Z they presented a plat of 237 homes.
Now, they have reduced the current plan down to 219 homes. The overall reduction
from what was originally presented to the Dartmoor homeowners association is a total
of three homes net. I suppose that a reduction of 1.4 percent of the homes is supposed
to address the homeowners' concerns about the density being too high in the
Kingsbridge Subdivision. I don't believe it does. There were a number of other
secondary concerns that were expressed at the meeting. These were all affects of the
higher density. Several of the neighbors have expressed concerns about the increased
traffic and pedestrian safety when walking along Dartmoor Drive, which does not have
sidewalks, it has borrow ditches. I echo their comments and add that the residents in
Kingsbridge will also be at risk when the elementary school is built in Tuscany Lakes
there will be a significant increase of traffic -- pedestrian traffic along Dartmoor Drive
from the Kingsbridge residents walking to and from the elementary school. Unlike cars,
which, according to the traffic study, will be discouraged from using Dartmoor Drive, in
theory at least, pedestrians will take the shortest route from Kingsbridge over to
Tuscany Lakes along Dartmoor Drive. In a November 22nd e-mail message to the
president of the homeowners association in Dartmoor, Kingsbridge offered to build
sidewalks along Dartmoor Drive. However, that proposal was contingent not only on all
Dartmoor residents supporting this proposal, but also all surrounding property owners
supporting this proposal. I can see from the testimony and the sign-in sheets that at
least one surrounding property owner has opposed this development. We, therefore,
must conclude that Vision First will not build these sidewalks, disregarding the safety of
the Dartmoor residents, as well as the residents of their own Kingsbridge Subdivision.
Another issue addressed was the need for irrigation tail water being piped from
Palfreyman land. The Vision First application to the P&Z states that they will, quote,
connect the tail water from Palfreyman land in a pipe to Dartmoor irrigation subdivision.
However, in the same e-mail message to the Dartmoor president, Vision First reiterates
this promise: However, again, it is contingent upon not only all Dartmoor residents
supporting the Kingsbridge proposal, but also all surrounding property owners, quote,
standing down from their opposition. Again, at least one surrounding property owner
Meridian City Council
December 14, 2004
Page 37 of 70
has opposed Kingsbridge. This promise made to the City of Meridian, the Planning and
Zoning board, and the Dartmoor residents is now, apparently, null and void. Also in the
same e-mail to the Dartmoor president, Vision First proposed to implement a 25-foot
rear yard setback on Kingsbridge lots abutting Dartmoor Subdivision. Again, this was
contingent upon all surrounding property owners not opposing Kingsbridge.
De Weerd: Thank you, sir. Do you have something in writing you can give to the clerk?
Turner: Yes. I have a copy of the e-mail report.
De Weerd: Thank you.
Turner: Thank you.
De Weerd: Okay. Theresa Turner is signed up in opposition. Chantelle Kransinski.
Thank you. Against.
Kransinski: My name is Chantelle Kransinski and I reside at 3475 East Falcon Drive.
That's the corner property at the end of Falcon Drive there. Right -- right there. And
you do have my testimony to Planning and Zoning on record and I had talked about
schools. I will be brief. I just -- just this week, from Lake Hazel Elementary we got a
notice saying that they are over capacity on their first grade classes and they are going
to have to add another one. So, they are trying to figure out how to reorganize the kids
to do that. Today when I called them their capacity is 460 and they are at 588 currently.
There are no more elementary schools currently in bond issues and Eric Exline had
indicated at the last redrawing of the boundary that if there is another elementary school
built it will be in northern Meridian and so we don't have anything coming down the
pipes to alleviate and to take on the extra capacity of this high density subdivision. The
only other thing I'd like to mention is the four way stop at Victory Road and Eagle.
That's a two-lane intersection, with a four way stop that is already backed up. Ada
County currently plans to widen that intersection and put in lights in 2008 and so up until
that time all that traffic of that high-density subdivision is going to be backing up and we
are just right off that intersection. It's already very difficult to get out. It seems like the
2009 planned building of this property would fit in very well with the 2008 widening of
that intersection. And I would just close with that infrastructure doesn't necessarily
always have to mean that water and sewer lines connect across a road, it also has to be
schools and roadways to make it easy for us to get home and our kids to go to school.
Thank you.
De Weerd: Thank you. And Harold also signed up against. Okay, Lisa Becker also
against.
L.Becker: Let me give you my presentation. I'm sure you're quite anxious to see what
it's going to look like.
Rountree: Deaf by technology.
Meridian City Council
December 14, 2004
Page 38 of 70
De Weerd: Maybe we should have taken our break.
Rountree: Why don't we until we get it up and running?
De Weerd: Okay. Council, do you want to take a break? We will take a five-minute
break.
(Recess.)
De Weerd: Okay. Lisa.
L.Becker: Okay. Hit it, Anna. Good evening. My name is Lisa Becker, I live at 3421
South Selatir Place in Meridian, Idaho, I wanted to compliment you on your
Comprehensive Plan. I feel it's well written, it shows your vision, and it helps us
understand as citizens the decisions that you will make. I wanted to focus on my
comments about the Comprehensive Plan and whether this development meets that or
not. One of the quotes in the Comprehensive Plan: Existing land use development
patterns provide the basis for future land use development. The proposed
development, the surrounding area is surrounded by five to ten acre estates ranging in
value from 350 to 500 thousand dollars. I wanted to give you a sense for the character
of the area, This is our house. We live on five acres. Our neighbors house to the right.
Our other neighbor on the left. And our neighbor across the street. So, this is the
character of the area that we are talking about. The Comprehensive Plan also states
that it's important for the citizens of the area to determine how they want development to
occur in order to preserve the city's character. The developer has not planned any
transition lots to the east of the development. They have actually clustered the highest
density lots along our property line. We will show you a picture of that in a minute. The
developer also did not seek our opinion how the area should be developed. When I
contacted Vision First's CEO, he indicated that while he attempted to work with
Dartmoor, he had no legal obligation to meet with any of the neighbors prior to
establishing plans for this development. The Comprehensive Plan also states that
within rural areas it requires new urban density subdivisions which abut low density
residential provide landscape screening or transitional densities with larger, more
compatible lots to buffer the interface between urban level and rural densities. The plat
is coming up. Our property is right here. The lots that they have placed along our
property line are the 8,000 square foot lots. We have houses in our neighborhood that
are almost that big. We have several concerns about this plot. Also we have a concern
about the stub road here that's supposedly accessing Selatir Place. We have an
agreement with the -- on the Ada County recorder on September 10th, we made an
agreement and recorded it that says the developer shall extend South Selatir place as a
dead end cul-de-sac within the interior of the residential lots with no reservation of right
of way over residential lots. So, we have a real concern about that stub road and their
intent to access Selatir Road. We did attend the Ada County commissioners' hearing
when Dartmoor was approved. Dartmoor was approved contingent upon the property
owner and developer agreeing to the 15-year deed restriction. They did that, because
Meridian City Council
December 14, 2004
Page 39 of 70
Dartmoor's one-acre lots were at a higher density than the zoning allowed. Vern
Bisterfelt was the author of the cluster development. He took great extent to explain to
us the purpose of cluster developments and the 15-year moratorium.
De Weerd: I'm sorry, your time's up, but thank you. JeffWalkersein.
Walkersein: Close. I don't think anybody's ever pronounced it right.
De Weerd: That's all right. I have one of those names, too. Usually no one will even
attempt to say it. Were you sworn in?
Walkersein: Yes, I was.
De Weerd: Okay. If you will, please, state your name and address.
Walkersein: My name is Jeff Walkersein. I live on 3702 South Selatir Place.
De Weerd: Thank you.
Walkersein: And in light of the testimony that I have heard tonight, if I understood it
correctly, Mr. Nary indicated that regardless of all these legal issues that everybody is
talking about, the bottom line is the Council discretion, The letter Mr. Siddoway wrote
indicates the key issues are the density and the traffic concerns and I might add also
that schools overcrowded. The applicant has said that annexation is in the public
interest and in my opinion, with the increased traffic and the density concerns with
placing the subdivision in the middle of all these, you know, more rural setting houses
and all the property owner concerns, I, myself, have not seen how this annexation is in
the public interest. So, those are just comments I had.
De Weerd: Thank you,
Walkersein: Thank you.
De Weerd: And do you -- your wife, she also signed against.
Canning: Madam Mayor, I have that letter, if you'd like me to read it.
De Weerd: Okay. I have asked staff to read the letter from the school district that we
received.
Canning: I apologize, Madam Mayor, I thought I found it. It's for Silverleaf Subdivision,
apparently.
De Weerd: Okay. We will get back to you. Okay. Bob Becker. Against. Okay. And I
cannot read the next printed name. Troy something. Okay. Signed up against.
Meridian City Council
December 14, 2004
Page 40 of 70
Quick: My name is Troy Quick. I reside at 3677 South Caleb Place inside the Dartmoor
Subdivision and I'd like to make three points tonight and, first of all, I'd like to let the City
Council know that -- that I am a builder and so build homes as a profession and so I am,
obviously, not against development, but I am against the way this development is
proposed because of the way it sits. And the reason that I am opposed to that is for
these points. The first point is is that, obviously, if we only took into account the
surrounding properties, this is not now, you know, compatible. What they are using as
compatibility is the Tuscany Subdivision. However, the Tuscany Subdivision is at 2.4
gross density homes per acre, whereas Kingsbridge is proposing 2.86. Though that
seems like a small increase, if you do the percentage of that, that is a 20 percent
increase in density from what Tuscany is proposed -- or what Tuscany is doing
currently. The other thing that makes Tuscany much different than Kingsbridge is that
Tuscany, basically, has bought almost half of that entire one mile block there, whereas
the Kingsbridge Subdivision is, basically, just a land locked piece of property that is
surrounded completely by all of these larger parcels, so that makes our subdivision
much different. The second point is is that the due diligence that the developer has not
really shown towards us -- or I guess I should say has made a very token effort at
showing towards us. We have concerns of the safety of our children with the traffic flow
down Dartmoor. The way he addresses that is by saying that he will paint white lines on
our road for us. Actually, I should -- actually, according to his own thing, Ada County
will paint white lines on the road and that's supposed to protect our children from all
these -- from the traffic flow. We told him up front that we had a problem with all the
number of homes that he was proposing. The original one was 222. The way he
addressed that concern was to increase the lot count to 237 homes. The other thing, as
you saw tonight, he was asked for, basically, larger transitional lots, so his way that he
addressed this was basically by approximately removing one lot on each boundary, I
don't really consider that much in the way of due diligence. I consider that much of a
token effort. The other point that I'd like to make is that if City Council does choose to
approve this subdivision as proposed, that you're going to be forcing the voting, tax
paying citizens of this small community and these small surrounding areas to go into
litigation against this developer in court and I don't feel like that that would be right in
your case to do that. I feel like it would be in the best interest of the citizens, the people
that live in this area, that once we are annexed into Meridian we will be voting for your
offices and paying taxes to your city, that you need to pay attention to maybe our voice,
rather than the voice of this developer. Thank you.
De Weerd: Maybe even running for them. Look at how much fun you will have. Mr.
Dan Johnson signed up against. Were you sworn in?
Johnson: I was not.
De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and
nothing but the truth, so help you God?
Johnson: Yes, it is.
Meridian City Council
December 14, 2004
Page 41 of 70
De Weerd: Thank you.
Johnson: My name is Dan Johnson, I reside at 3501 South Selatir Place. I have been
following this with a lot of great advice from some excellent legal advisors and I guess
the thing that bothers me is I'm kind of wondering why this application ever made it past
the pre-app with this deed restriction on it. I think that's something that staff should
know and understand what that means. A lot of comments have been made about the
inappropriate densities and the fact the developer didn't work with the perimeter
property owners. I have six acres to the east of this property and I was never contacted
and I -- you know, it's a nice subdivision, but does not fit here. I think you heard that.
The thing I'm wondering about, since I did attend Ada County council hearings, their
commissioners hearings ten years ago on two different cluster developments, they
indicated that this 15 year moratorium was a minimum fixed term, it would go with the
land, it was part of a legal record of plat and it would survive any annexation process
that was done by any municipality. That's what we were told, that's what we believe is
true, and that I think is the law and I think Mr. Nary was correct in saying that the City
Council tonight can annex this property, because there is no law against that, but if you
approve the development, we believe you will be violating that law and I don't think
there would have been any reason for that 15 years minimum moratorium to have
existed to any benefit if it wouldn't survive annexation. So, I think the fellows or the
people that think that there is going to be a litigation between the neighboring property
owners and Vision First, they are wrong. If the city approves this, I think the city is
vulnerable. Thank you,
De Weerd: Thank you. And David -- I'm really not even going to try your last name.
LaVigne: Come on. Give it a shot.
De Weerd: LaVigne. There you go.
LaVigne: She's going to load a presentation for me. Hopefully we won't have to take
another five-minute break.
De Weerd: And did we swear you in?
LaVigne: No, ma'am.
De Weerd: Okay. Well, while she does that I will swear you in.
LaVigne: Okay,
De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing
but the truth, so help you God?
LaVigne: Yes, it is.
(
Meridian City Council
December 14, 2004
Page 42 ono
De Weerd: Now, I will stress to our attorney, it will be nice to get this thing out of that
ordinance.
Nary: Yes, ma'am.
De Weerd: We all trust that everything you say to us is the truth, the whole truth, and
nothing but the truth without you swearing at us.
LaVigne: I would never do that. Maybe under my breath.
De Weerd: Almost like the hearing impaired, we need to have advance notice and have
our computer guy here.
Canning: It doesn't like your CD.
LaVigne: It doesn't like my CD?
Canning: No. Oh, there you are.
LaVigne: Yeah, That's it. That's a good CD.
Canning: Have you got a lot of photos on here or something? David, have you got a lot
of photos on here?
LaVigne: A few. I figured you guys would have pretty fast computers over here.
Canning: This is a reject computer. It's not very good, so -- Madam Mayor, with the
indulgence, if I move it onto the hard drive it might be better, but I will have to -- it will
take another --
LaVigne: Does somebody want to go and, then, I can come back up here once she
gets it?
Canning: That will work.
LaVigne: Okay.
De Weerd: Yes. Thank you. Tim O'Brien is signed up against. Were you sworn in?
O'Brien: I was not.
De Weerd: Maybe as I swear in Tim, anyone else who hasn't been sworn in, if you will
raise your right hand, if you will be providing testimony. Is the testimony you provide
tonight the truth, the whole truth, and nothing but the truth, so help you God?
(Affirmative answers.)
Meridian City Council
December 14, 2004
Page 43 of 70
De Weerd: Thank you.
O'Brien: Okay. My name is Tim O'Brien and I live at 3873 South Gideon Place in the
Dartmoor Subdivision and just real briefly, my biggest concern is that the density really
doesn't fit I think the whole flavor of that block and I think in terms of fitting in and
approving it, I think that needs to be considered, along with resources, such as sewer
and all that. It needs to really fit the flavor of the area and it doesn't. That's all.
De Weerd: Thank you. Christie Quick against. Okay. Rick Stott against. Please state
your name and address.
Stott: Rick Stott, 3684 South Caleb Place, Meridian.
De Weerd: Thank you.
Stott: You have heard a lot of testimony about the lack of consistency in the area with
this subdivision. Maybe we could talk a little bit about what it can be. There is an
opportunity here to set up a -- as all the neighbors have said, they are not against
dividing or subdividing this land. It's a valuable piece of land. We are within a mile of
one of the best business developments that's going into Meridian. We are within a mile
and a half of a freeway. We have homes surrounded that range anywhere from
400,000 to a million dollars in value. We have an environment that is rural in nature, as
Mr. Elliott said, rural Dartmoor and that's what it is and the surrounding area. What we
can do with that land is develop it into something that is consistent with that area in half
acre or one acre parcels and it gives an opportunity for executive homes, large homes,
that adds value to this entire area, not just Dartmoor, not just the surrounding area, but
also the subdivisions that are higher density that are across Eagle. What a great
opportunity that you have as a visionary Council to send that message to developers in
the long run. We have horses; we have cows that surround that. I work for a company
called Agri Beef and we fight every day for freedom of farm, freedom of ranch, the
freedom of farming act and it's being eroded on a constant basis. I had a steer in the
backyard. My wife said it smelled. I disagreed. But she won and it's no longer there.
but I do have a horse and the neighbors around the area have horses as well. What
happens when you have high density houses that are inside of a city that doesn't like
the smell, doesn't like the flies, the freedom of farm act goes out the window. DEQ
comes and says it's a nuisance. That's what happens. I know from personal
experience with our properties in rural areas that that's what happens. It's a big
concern. The traffic is a big concern. My daughter is deaf, she's going blind. No
sidewalks. Rural area. Walking to school in the dark is a grave concern. The
calculations that they have made in the traffic study are flawed. As an accountant I like
numbers. Calculating the numbers that they use at 200 trips today out of Dartmoor --
there is only 15 homes there. Add that up. That's 13 trips per day, yet they calculate
their own calculations with only eight trips out of the Kingsbridge calculation. In addition
to cutting from 400 to 200, that means only 50 homes. If you look at that map -- I mean
I know how I drive, I find the shortest way. It doesn't make any sense just because you
Meridian City Council
December 14, 2004
Page 44 of 70
cut off one little part that half of the people are not going to go that direction. It makes
no sense. There is no street lights, no sidewalk, and the legal issues are -- that have
been spoken of well and -- but we were committed to in the deed to 15 years and with a
rural development and that's what we committed to. Thank you.
De Weerd: How are we doing, Anna?
Canning: Not quite there yet, Mayor. Sorry.
De Weerd: Okay. Susan Brenden signed up against. Okay. Ralph Tipton signed up
against. Donna Rich signed up against. Thank you, Donna. Okay. Those are the
people who have signed up. Is there anyone else who would like to provide testimony?
Please come forward. Were you sworn in?
Smith: I was. Just come in. I was tardy also.
De Weerd: Okay. Thank you. Please state your name and address.
Smith: Tom Smith. I live at 3300 East Dartmoor in the Dartmoor Subdivision. We have
-- we are the first lot as you come in the left on the north side of Dartmoor as you come
in, so have a lot of exposure and a lot of people that will be walking and driving down,
as has been said. I think this, you know, has been said that I don't feel like this
subdivision fits very well either. Everything has its place and everything has a feel to it
and this is kind of like me taking my car and parking it in the family room, my wife really
wouldn't find it very -- a very good fit, so -- but the one thing that hasn't been brought up
-- I agree with Rick Stott that it has -- has a chance to be something really good here.
I'm a businessman and I understand that everybody is out to make a profit, but the
difference, if you run the numbers -- and I'm also not a realtor and I just go by what I see
the market has done out there and we have looked at other properties, but Dartmoor is
such a nice home country feel and we like the people there and the feel of it, which will
totally change with this subdivision. But if you run the numbers, the difference between
the lots -- as I said, I'm all about them making money, but if they were to go with one
acre lots and get say a hundred to a hundred twenty thousand apiece out of them, they
would be in the five to six million dollar range that they would be getting when they were
done as far as total return on investment. I don't know what their costs will be in that,
but if you look at it with their 219 lots at an average of say 60,000 dollars that they will
get per lot, some of the bigger lots and some of the smaller lots, they are almost 15
million. So, I understand that they are trying to make money at this. The thing is, you
know, trying to shove a square peg in a round hole just to make the extra cash, you
know, is not -- not what I think Meridian wants to -- we are all -- I think everybody wants
to see them make some money, but more than that, we want it to be the right fit and do
what the city wants it to do and what we would like to -- we would like to have good
neighbors and good relations with these people, not have it be a fight from the
beginning and have to deal with that clear through. Thank you.
De Weerd: Thank you.
Meridian City Council
December 14, 2004
Page 45 of 70
Canning: Madam Mayor, we are ready.
De Weerd: All right. David, come on up. Okay. If you will just restate your name and
address.
LaVigne: My name is David LaVigne. I live at 3317 South Selatir Place, Meridian,
Idaho.
De Weerd: Thank you.
LaVigne: And as you can see, we had a few dates that we had kind of gone through,
but I have three primary concerns that I want to talk about. Proposed stub streets, the
Meridian traffic, and no transition lots. All the proposed stub streets attempt to access
rural roads with no sidewalks, some with open borrow pits for drainage. And as you can
see, the proposed stubs streets on Falcon Drive, Terri Lane, and Selatir Place, this is
kind of what they look like. Selatir Place is 22 feet wide with open borrow pits. Terri
Lane is 20 wide with no sidewalks. Falcon Drive is 22 feet wide with open ditches. If
you look at Tuscany across the street from Dartmoor on Roam Drive it's 30 feet wide,
plus it has sidewalks. It's pretty safe walking around in there. Vision First's proposal for
Dartmoor Drive is to have a four-foot wide stripe on each side of the road, as they had
proposed earlier. What that really means is if you look at Dartmoor, Dartmoor Drive is
24 feet wide, if a four-foot wide stripe is painted on each side of the road that will leave
a 16-foot wide road. That's like pulling in your garage at 25 miles an hour, Regarding
the proposed stub streets, with the general standard applicable to all conditional uses,
that proposed -- the proposal will not -- the proposal will not involve conditions of
operation detrimental to any persons, property, or general welfare or reasons, excess
production of traffic. Kingsbridge doesn't meet that. Based on the November 14th news
article that I think everybody here read regarding Meridian traffic, the planning agencies
have miscalculated several key estimates of land that's being developed at fast -- pretty
fast rates. Traffic is moving toward gridlock in the City of Meridian and there is not
much can be done. Does the City of Meridian really need to annex anymore property in
the city limits with current traffic and growth issues unresolved? I think a lot of people
here would probably say no. With regard to transition lots. As stated in the City of
Meridian, this is the same thing that Lisa had put up originally. The bottom line is
traditional densities with larger, more comparable lot sizes that buffer -- they need to
buffer or interface between urban level densities and rural residential densities, which
Kingsbridge isn't doing. So, as you will see, those are the transition lots. My property is
in the upper right-hand corner that abuts the east thing and the transition lots on the
east end of the development that abut the five acre parcels, Kingsbridge proposed
8,000 square foot lots, that's equivalent to 5.44 homes per acre. If I had 30 homes on
my 5.5 acres, then, I would probably call that a transition. You know, if you look at a
view from right there in that back east lot, wouldn't you think that that would demand a
little better premium lot? As you can see, I'm asking you guys to deny the annexation
into the city. We don't want to become looking like Seattle.
Meridian City Council
December 14, 2004
Page 46 of 70
De Weerd: Thank you.
LaVigne: Or Eagle,
De Weerd: Okay. Other testimony?
McKee: Madam Mayor, my name is Sharon McKee and I reside at 3891 --
De Weerd: Sorry, your time is up. I'm sorry.
McKee: I reside at 3891 South Gideon. At this time I have to say I'm so proud of
everybody here. Mr. Turner presented some really good information and he said one
perimeter lot stood in denial. He didn't recognize that everybody here is perimeter lots
and they also stand in denial. Also Mrs. Becker, what she had done and what David
LaVigne has done is really good. However, I don't have it computerized for you, but I
did make you a storyboard and if you would allow me, I'd like to show it to you.
De Weerd: Okay. Any ideas how best to accomplish that?
Nary: Got to give that to the clerk when she's done.
Canning: We may be able to do them one at a time, but the whole thing won't fit on
there.
McKee: Can I submit it as the record?
De Weerd: Sure,
McKee: Can I give it to him? I take it you will all see it. The board is broken up into
three equal parts. The first section of pictures -- there is ten pictures on the first section.
It shows you, as Lori did, the character of the neighborhood and the homes that are in
the neighborhood. They are high-end homes and they have a lot of value, The second
section of pictures -- I took pictures of our back yards and the acreages and as you can
see by the pictures, we keep -- we take a lot of great pride in our land. The cost of
keeping it nice is high. Our personal expenses in maintaining them has always been
considered an investment into our property value. What I would like you to realize in
this is that the urban development is smack dab in the middle of a rural area. The last
section is what Kingsbridge is bringing to this lovely area of Meridian. As you can see, it
is just rooftops, walls, and fences. If you turn the board over, which I encourage you to
do, Madam Mayor, before you pass it on, we tried to illustrate what this development
would really look like. The top picture shows our existing rural area and the bottom
picture shows you that we inverted some roof tops in there and that is what Kingsbridge
is donating to our urban backyards. Because everybody else has done a really good
job, I'm going to try and keep it short and bypass my entire thing, but like they said, we
are not here to stop the developer, we are here trying to protect our home values. We
want to see the CC&Rs of the lot held. The 15-year deed restriction was a substantial
Meridian City Council
December 14,2004
Page 47 of 70
fact in everyone's decision to purchase their homes, let alone the commitment to
develop it in the same manner as Dartmoor was developed. We love living in Meridian
and better yet in the area because of its rural style. If this plan gets approved it will
decrease our property values and that's not fair or just and I really hope that you don't
put that burden on us that we would have to stand and fight and have some of these
few homeowners fight that financial battle against a giant developer and I'm just asking
you to, please, just say no. You have choices. We need a different development in
here that is in like with the rest of the neighborhood. Thank you.
De Weerd: Thank you. Okay. Anyone else?
Canning: Madam Mayor, I do have the school district letter.
De Weerd: Okay. Well, we will go ahead and just finish the testimony.
Canning: Oh, I didn't see any. I thought they were done. I'm sorry.
De Weerd: Okay, Sir. If you will, please, state your name and address.
J.McKee: Yes. My name is Jeff McKee. I live at 3891 South Gideon Place. And we
talk about everybody's concerns and everything, but the way I see it, there is right and
there is everything else. So, we can have lawyers, we can pay them to argue either
side of this, I think, but what I really want to know is what's right. The current property
owner he has a right to develop that property. I'm a property owner in Texas. I have
the right to develop that property. I understand that. But he has the right to develop,
based on what you have heard, on restrictions that were placed when Dartmoor went in.
And he has also restrictions that they had when I bought the property that I'm currently
at. And we were here many times in 15 years and it needs to be an extension of
development of Dartmoor, so we both have rights. I think Meridian has -- as a body, as
a governing body, should stick with putting in what fits, So, alii want to state is you can
have right and everything else. So, what is right for this piece of property? And that's
all.
De Weerd: Okay. Any further testimony? Yes, sir.
Schultsmeier: Good evening. I haven't been sworn in yet.
De Weerd: Okay.
Schultsmeier: Okay.
De Weerd: Are you sure? Weren't you here when we did the group thing?
Schultsmeier: Sorry. No.
(
Meridian City Council
December 14, 2004
Page 48 of 70
De Weerd: Another tardy guy. Okay. Is the testimony you provide tonight the truth, the
whole truth, and nothing but the truth, so help you God?
Schultsmeier: Yes.
De Weerd: Thank you. Please state your name and address.
Schultsmeier: Rick Schultsmeier, 3422 East Dartmoor.
De Weerd: Thank you.
Schultsmeier: I'd like to read an e-mail that was sent to Lisa Job from Ken Elliott and
I'm going to read a portion of it. If the Dartmoor residents or neighbors challenge the
City Council decision in court, we will fully prepare to litigate the matter to its final
conclusion. Once a decision is made -- and we are reasonably certain the court will
agree with our interpretation of the Dartmoor covenant as a matter of law, we will move
ahead and develop the project as conditioned by the city approval, but without any of
the benefits to Dartmoor listed above. The Dartmoor residents can cost Kingsbridge
project time and money, but as you all may rest assured, we are not leaving. Just from
that statement alone I'd like to appeal to the Council's sense of justice and realize that
we do not want to go into this and get involved in a legal battle. All we are doing is
asking for you to basically disapprove the Kingsbridge development and not allow us to
get into a battle in court. Thank you.
De Weerd: Thank you.
Nary: Madam Mayor?
De Weerd: Yes,
Nary: He needs to give that e-mail to the clerk.
Schultsmeier: It's the same letter,
De Weerd: Oh, it's already been submitted? Sir, could you, please, on the record, tell
us who these people are. You just read an e-mail and I'm not familiar -- you'll need to
do it on the microphone.
Schultsmeier: The e-mail is from Ken Elliott.
De Weerd: And who is that?
Schultsmeier: He's Vision First.
De Weerd: Okay.
Meridian City Council
December 14,2004
Page 49 of 70
Schultsmeier: And, then, it's to Lisa Job, which is the president of the Dartmoor --
De Weerd: Okay.
Schultsmeier: Is that enough?
De Weerd: Yes.
Schultsmeier: Okay. Thank you.
De Weerd: Okay. Is there any further testimony?
B.Schultsmeier: Madam Mayor, my name is Brenda Schultsmeier. I haven't spoke in
public in awhile. I reside at 3422 East Dartmoor Drive in Meridian,
De Weerd: Thank you.
B.Schultsmeier: We bought our property about three years ago and we had looked for
about a year trying to find property that had an acre that was close in proximity and that
had the rural setting. We have lots of dogs. Knowing that we were going to start a
family soon, we would have never bought this property had we known that this was
going to be developed into an urban -- into an urban development. It was promised to
us that this deed restriction would -- that it not be developed for 15 years and so we are
relying on that and we are asking for you to stop this development -- that couldn't have
been three minutes.
De Weerd: No. Time flies when you're having fun.
B.Schultsmeier: And, furthermore, the fact of the matter is it's going to cost all of us a
lot of time and a lot of money to fight this battle, which we are prepared to do, as they
are. So, we are just pleading with you to stop this development and look for something
else to go into this property at a later date. Thank you.
De Weerd: Thank you. Ma'am. State your name and address.
Bowden: I'm Sarah Bowden and I reside at 3515 South Eagle Road and I would be on
the northwest --
De Weerd: There is a pointer up there.
Bowden: Okay. Right there.
De Weerd: Okay.
Bowden: So, we would definitely be impacted by the additional number of cars coming
out of Dartmoor, but I totally sympathize with Dartmoor, because the flavor has totally
Meridian City Council
December 14, 2004
Page 50 of 70
changed in our neighborhood since Tuscany has moved in. When they were
developers, sometimes they would just throw trash over the fence, They did put a five
foot fence, but they didn't berm it, they -- they wanted to berm it on our side of the
property, because -- you know, and they said, well, we will protect your view, but they
haven't protected our view and I'm concerned that possibly Dartmoor's view may not be
protected. They were only going to build like single layer homes around, you know, the
property, but, no, there are two story homes and it's also -- I have lived in this home
since 1985 and it was said back then that it was a natural migratory route and Tuscany
was going to try and save the flavor of the wildlife that is out there, there is wonderful
foxes out there in the area and geese and so much of that is leaving and I just hate to
see it leave across the street. We, too, have horses and I feel sorry for those people
that have horses for concern of, you know, all the little kids in the subdivision, they like
to stick their hands in -- you know, over fencing and play with animals. Also, what was
brought up when Tuscany was going through, I had objected to that as well, but they
said -- someone spoke from the fire department and there was also a letter read about
-- from the police department saying how it would tax that area -- I mean tax them with
so many people just moving into that area. I do know that on the fire department it's a
substation that's going to be built further north of us, but in the meantime, I'm concerned
that, you know, the people that are there, you know, can they truly be totally protected
by everyone and so I just kind of wondered that. I also object to the traffic. As it is now
-- or to the number of homes coming in. The traffic is such a gridlock on Eagle Road,
that there are times of the day when, between Overland and Victory is blocked, it is
backed up. And in the mornings when we try and leave our home, it is totally backed up
beyond Dartmoor. I can't imagine anymore homes on that double lane, but thank you
so much for your time.
De Weerd: Thank you.
Ruhl: I'm Renee Ruhl and I reside at 3886 South Gideon Place, also in the Dartmoor
Subd ivision.
De Weerd: And that was Renee Ruhl?
Ruhl: Yes.
De Weerd: Okay.
Ruhl: And I guess I would think that the deed restriction would be the thing that I would
want to stand on the most as well and I think about raising our four children and wanting
to go home and explain to them that integrity is still a value of the Meridian city that we
want to uphold and so I would hope that that would be the main reason that this would
be denied. Also I wanted to talk about the traffic as well. We walk on the ditch bank
that is currently right here and often at 7:45 in the morning this is backed up clear to
here from Victory Road, which is way up here, at this point in time when Tuscany isn't
even halfway down putting the homes in. They also have another proposed subdivision
area down here and more back over in here and I can't imagine what the road's going to
Meridian City Council
December 14, 2004
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be like just when Tuscany completes their homes, let alone Kingsbridge. I have a third
child just getting her driver's license and I am fearful for her to turn on Eagle Road
where it's 45 miles an hour, trying to take a left-hand turn there with cars going back and
forth not stopping. I think it's already dangerous and I can't imagine what it will become.
Also, if you have been out there on Saturdays during soccer season, the traffic is
incredible heading out to the soccer fields down on Hubbard Road, which we are thrilled
that those fields are down there, but traffic is often backed up clear from Overland all
the way out. State soccer tournaments were out there this year. State soccer
tournaments. There were buses, there were thousands of people on those roads and
the fire station is not proposed to be put in until 2008, so we have got things way down
the line. It's going to get much much worse at this point. Also the bridge that is pictured
in the subdivision -- I don't know if you can put that up. I don't understand how that's
going to work. That is Meridian-Nampa irrigation road that goes right there along the
ditch and the bridge doesn't even show that the road even exists and that's like their key
focal point of the subdivision. It's going to have to totally be changed. There is -- it's
like obliterated the road. I don't know if we can see the picture, but it's not
comprehensible how that's going to work in with the way the road is there and it's
required, it's the only way to get in and out of the home back there, so thank you.
De Weerd: Thank you. Just for the record, the fire station will open about this time next
year, 80, we know we need to get service down there. Sir.
T.Rohl: My name is Tim Ruhl. I reside at 3886 South Gideon Place and I'd just like to
point out some obvious things with this new proposal, the new information. There are
no significant changes in the number of homes going in their new proposal. There is no
significant effort by the developer to meet any of our concerns or addresses any of our
issues. However, if this development goes in, there will be a significant impact on us.
Significant. There will be a significant impact on our way of life, on our schools that are
-- as you probably already know, are overcrowded and that will impact our children,
There will be a significant impact on our traffic, as was already stated. I think to
appreciate our plight, just try to drive down Eagle Road between 5:00 and 6:00 o'clock
and you will fully appreciate what we go through on a daily basis trying to get home after
work. And as what was already stated, I can't imagine what the traffic will look like if this
development goes in. It's already very very bad. The traffic will have a significant effect
on the safety of our children through that subdivision, as was already stated. It's
obvious. There will be a significant change in our rural living. It will change our way of
life. And we purchased these lots, as you well know, in good trust with the city planning
that had already taken place and we trusted that that was going to stay the same.
There will be a significant change on our views. It's -- if you look out our back lots right
now, we enjoy rural living. We will be looking at hundreds of homes, It will significantly
impact those. And it will significantly impact our property values. And so I'd just like to
state, along with everyone else in the room, that I'm in opposition to this development.
Thank you.
De Weerd: Thank you. Okay. Any further testimony? I thank you were the first one
here and the last one to testify,
Meridian City Council
December 14, 2004
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B.Becker: Actually, I wasn't going to testify. My wife is the toastmaster in the family, so
I defer to her, but --
De Weerd: If you will state your name and address.
B.Becker: -- my name is Bob Becker, I live at 3421 South Selatir Place. I don't know if
you can -- not the best map, but it's right in this area here. I wanted to address just one
thing that Mr. Elliott said. He said that by increasing the lot size from 7,000 to a little
over 8,000 square feet along the east side, that satisfied the Commission's concerns
about transition lots and I don't think you can say that going from a 200,000 square foot
lot, which is approximately what our lot is, to an 8,000 square foot lot, is a transition
from low density to higher density. Thank you,
De Weerd: Okay. Any further testimony before I ask the applicant to come up for their
closing remarks? Okay. Would the applicant like to come forward?
Canning: Madam Mayor, did you want the letter before --
De Weerd: Yes. Before we start the clock on the applicant, if you will read that letter
into the record.
Canning: This is a letter from Joint School No.2, which is the Meridian School District,
dated August 19th, 2004. Dear Planners: The Meridian School District has
experienced phenomenal student growth the last ten years. The high schools, middle
schools, and elementary schools throughout the district are operating over capacity.
Approval of Kingsbridge Subdivision will have a significant impact on school enrollment
at Lake Hazel Elementary, Lake Hazel Middle, and Mountain View High School. We
can predict that these homes when completed will have eight elementary age children,
seven middle school age child -- children it should be -- and six senior high age
students. Additional students will further compound the current overcrowded situation.
Residents cannot be assured of attending the neighborhood school, as it may be
necessary to bus students to other schools across the district. School capacity is
addressed in Idaho Code 67-6508. Meridian School District is currently operating
beyond capacity. Future development will continue to have an impact on the district's
capacity. If you have questions, please contact me. Signed Wendell Bigham.
De Weerd: So, are they recommending denial?
Canning: No, they are not. They never do,
Elliott: Thank you, Madam Mayor, Members of the Council. Again, for the record my
name is Ken Elliott, speaking on behalf of the applicant Vision First, LLC. We have
listened patiently, as the Council has, to the testimony. Many of the issues we have
heard before presented at the Planning and Zoning Commission hearing. We took the
comments very seriously at that initial hearing and we do believe that we have made
Meridian City Council
December 14, 2004
Page 53 of 70
significant changes to this project in response to the neighbors' concerns. We are in a
developing area, We recognize that. We look at the city's Comprehensive Plan or the
future land use map and we see that our tract is slated for low density residential at
three lots per acre, except for 28 acres of the site, which is as the planning director
pointed out, between three and eight lots per acre. We have attempted to address the
transition from the existing rural development at our boundaries by going with the low
density across the entire site, rather than mixing it with low and medium density, We
are at 2.86 units, which is below the three unit per acre max for the city's R-4 low
density zone. A couple of legal arguments have been made repeatedly tonight. We'd
like to rely -- continue to rely on Mr. Miller's interpretation of the Dartmoor covenants
and Mr. Nary's advice to the City Council about the impact of those covenants or the
nonimpact on the City Council's decision tonight. Since every Dartmoor neighbor,
though, has testified that he or she purchased their lot in the project in reliance on a 15
year covenant governing Lot 11 of Block 2 of Dartmoor, which is our 56 acres to the
east, I would like to repeat a sentence that is in Mr. Miller's letter, which is an excerpt
from the Dartmoor CC&Rs, which states that Lot 11 of Block 2 is excluded by the
grantor from coverage of this declaration. By accepting a deed to a lot within Dartmoor
Subdivision, each owner shall be conclusively deemed to have waived any objection to
the exclusion of said Lot 1 and Lot 11 of Block 2 and consents to the resubdivision and
development thereof in accordance with the zoning ordinances then in force and effect
and applicable to Lot 1 and 11 of B[ock 2, including such resubdividing and
development as shall require that access to Lot 1 and 11 of Block 2 will be provided by
the public rights of way within Dartmoor Subdivision. [t is disingenuous of, in my biased
view, for all these Dartmoor residents to say that they bought in reliance on a covenant,
when this was in their title report at the time of every purchase of every lot that you have
heard from tonight. We feel that our project addressed the city's Comprehensive Plan
and future land use map. The exhibit that I just began to discuss in the main testimony
shows the red tracts of land that are within the city's area of impact south of Overland
Road. A total of 705 new lots have been approved by the city for preliminary plat. It is
obvious that this entire area north of Amity is in a rapid state of change. We think that
our project will help address the traffic on Eagle Road, rather than make it worse,
because if you look at the northern part of that area that is shaded in brown, you see the
Silverstone and EI Dorado employment centers. In the Mayor's State of the City
address earlier this fall the study is referred to where we have projected by the end of
2005 there will be a total of 14,000 jobs created in those two projects. We are trying to
create additional housing south of the freeway where people can live and take a short
trip to work, rather than having to commute from north Meridian, where a lot of the
housing to date has occurred, and go down Eagle Road to get to these employment
centers south of the freeway. We think that Kingsbridge is precisely the right project in
the right place at the right time to respond to this issue and to the growth of Meridian.
We need to grow in concentric circles around the job centers. The air of impact was
established with that in mind, it's established a quarter mile south of Amity, as shown on
our red boundary on the exhibit, we are three-quarters of a mile south of that and about
one mile south of those job centers where we are expecting 14,000 jobs. If we are
wrong, we need -- and we would welcome guidance from the City Council tonight. We
are trying to abide by the future land use map. We think that we have balanced the
Meridian City Council
December 14, 2004
Page 54 of 70
city's goals for residential growth in this area in a way that is -- that addresses the
transition from the existing rural development. Every lot on our perimeter exceeds the
minimum lot size for the R-4 zone. What is not mentioned in any of the opposition
testimony is that it says create large lots or landscape buffers. Well, we have a
landscape buffer all the way around our project. On the south side it's 60 feet. On the
east and north side it's 30 feet. So, we have both lots that comply with the zoning and
the landscape buffer to transition from the five-acre lots to the east and north. With
respect to the pedestrian safety improvements and my e-mail submitted to Lisa Job,
when we revised our plat we invited discussions with the Dartmoor neighbors, they
reviewed all of the compromises that we had proposed at that time and said, sorry, we
don't want to talk unless you are willing to go to one acre lots. We proposed recently,
about two weeks ago, a set of traffic safety improvements, because we had gotten
information that, in fact, the neighborhood thought we had withdrawn those proposed
compromises. We have never withdrawn them, it's just that they never responded to us.
So, I restated in my e-mail all of the improvements that we were willing to make and, in
fact, we hoped that we would reach an agreement with them and that's why it says if we
are going to do all of these things, we would expect, as a quid quo pro, that you not
oppose the project, because none of those enhancements are going to be made without
the project. And to be -- to be chastised for offering to do off-site improvements that
have never been made in their neighborhood to protect the safety of their children and
the safety of the Kingsbridge children I think is not fair play. We are willing to make all
of those improvements and we stand ready to accept that as a condition. We will put in
the first sidewalk that's ever existed on Dartmoor Drive. We will create setbacks far
beyond those that are required by the city's code. We will put privacy fencing all the
way along their boundary. We will commit to single level houses on the lots that adjoin
Dartmoor to preserve their views from their two story houses on their lots. We have
never withdrawn those proposals, it's just that whenever we seek to have a discussion
they say, sorry, one acre lots, we are going to hold out for a rural subdivision. Well, the
intent of the county ordinance was to prevent urban sprawl, to prevent the proliferation
of one acre lots in areas where urban services were expected to be extended in future
years. We have now reached that future year, it's year 11, instead of the predicted 15,
but Meridian has grown faster than anyone could have projected back in 1994. There
are several examples on our map that show where one-acre lots are existing quite
compatibly with 8,000 square foot lots on adjoining projects. Two examples are the
Muirwood Subdivision at Cloverdale and Victory and the new Sutherland Farm where
we have R-4 density lots abutting five-acre mansions on the north side of Overland. In
response to Mrs. Becker's testimony on our stub street in Selatir Place, we have no
intent or hope of ever connecting to Selatir, because of the strip of land that prevents
that. Our hope is that we will connect to Bott Lane and, then, to Cloverdale to the east,
which is in Ada County's traffic plan for an east-west connection between Cloverdale
and Eagle. The difference in lot numbers, we have heard discussion about 222 in an
earlier plan, then, 237, then 219. The initial plan included many 6,000 square foot patio
home lots. We met with the Dartmoor neighbors, they said, please, don't put in any
6,000 square foot lots. We increased the -- all of them to above 7,000 square feet, the
averaging created 237 lots. So, we have given up 19 lots.
Meridian City Council
December 14, 2004
Page 55 of 70
De Weerd: Thank you. Council, do you have questions for the applicant?
Bird: Madam Mayor, I do have one.
De Weerd: Mr. Bird.
Bird: For the public -- for public testimony. How many of your -- 219, I guess, lots you
got now? Is that right?
Elliott: Yes.
Bird: How many of them is over 8,000 square feet?
Elliott; Over 8,000? All of them.
Bird: Every one of them is over 8,000?
Elliott: Every one exceeds. And the average is 9,700. May I introduce two exhibits at
the very end of my testimony. I have a letter from Ed Miller in response to George
Hicks' letter that was submitted into the record. I also have the detail on those red tracts
of Jand showing the 304 lots, as well as the job centers.
De Weerd: Yes. Council, do you have any other questions?
Bird: I have none, Mayor.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: May I ask the folks in the audience a couple of questions? Not for the
applicant, no.
De Weerd: Okay. Any other questions for the applicant? No? Thank you.
Donnell: Now, I can go?
De Weerd: Yes.
Donnell: J'm curious as to how many of you are actually in Dartmoor. Can you raise
your hands? And just one per family. Would you raise your hand? Just one, so not,
you know, both of you. How many of you have been there since 1984? J said 1884
when that -- when the ordinance in regard to the 15 years -- 1984. If the 15 years __
okay. Fifteen years is going to be 2009. So 1994. How many of you have been there?
My math is really good. So -- okay. And, then, how many of you are in the surrounding
Meridian City Council
December 14, 2004
Page 56 of 70
other areas? Just one hand per family. And how many of you have been there since
1994? Thank you,
De Weerd: Okay. Council, any further information needed? Okay. Hearing none, do I
have a motion to close the Public Hearing?
Donnell: Madam Mayor, I would move to close the Public Hearing.
De Weerd: Do I have a second?
Bird: I will second.
De Weerd: Okay. The motion is to close the public hearings on 13, 14 and 15. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Discussion?
Donnell: Oh, yeah.
De Weerd: Was that a -- do you want to go first?
Donnell: Oh, yeah. I have been listening for a long long time and I have some really
conflicting concerns about this, I live in one of those subdivisions. I live in one of those
Kingbridges. I'm one of those people who put those trips on the roads. I watch the
children that are out there waiting for the bus every morning, so -- and I see the
developments that have been approved all over everywhere. I also lived, prior to that,
in an area that had big homes and big lots and I can remember talking to the builder
when the home behind me was being proposed and I just said please don't build a two
story home, you're going to ruin my view and he said I'll tell you how you can insure that
it won't be, you buy the lot. And that was exactly right and a two-story home was built.
It didn't make much difference. The trees grew up and blocked my view anyway. Didn't
make any difference that the house was there after ten and a half years. So, I have
great sympathy with those of you that have a particular -- not particular, that's a really
bad choice of words, but a lifestyle that you enjoy and you love and you want to stop
anything else from happening around you. I have a greater concern about the ability of
the school district to provide services for a subdivision that is that big. But I also know
that from years and years of experience with the school district that their role is to
provide services, so when the developments are built, then, their role is to provide those
services, to build the schools. And I -- Anna, I'd really like to talk about the numbers
that were -- that you read into -- in the letter, because I don't think those were quite
rig ht.
Canning: They would seem incorrect, but that was what was on the letter, so --
Meridian City Council
December 14, 2004
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Donnell: I think that must have been -- something must have happened there. Usually
there is a little bit -- yeah, a little bit more children than that that would come out of 219
home lots. And would impact that. There is a school site that's proposed for Tuscany
and that, of course, would serve the Kingsbridge Subdivision and the land has been
purchased, it's just not yet gone before the public to provide a bond to support building a
school there. Lake Hazel has gone back and forth being over capacity and under
capacity. So, that is -- that happens all across the district. So, I'm -- I have a greater
concern, I guess, about annexation, when the one little contiguous area is one little spot
there. I assume across the road. Thank you, Anna. Going to put that up. Right there.
So, that meets the legal requirements; is that right? Mr. Nary?
Nary: Madam Mayor, Members of the Council, yes, it does.
Donnell: Okay. That's enough from me for now.
De Weerd: Is there any further comment?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: As Councilman Donnell indicated, we certainly have done a lot of listening
tonight and I hope it's the right kind. First I want to thank everybody for taking the time
to come and recognizing that a good share of you are not now -- and probably not going
to be in the near term residents of the City of Meridian, but thank you for being here.
We have had some interesting testimony this evening, some interesting legal concepts
thrown at us. Quite honestly, the legal issues are not necessarily resonating with me in
terms of a decision. I believe those are for lawyers to deal with and I don't think that
either way somebody's not going to be happy with the decision. So, again, that's for the
lawyers to resolve. We have a unique situation with this development in the existing
condition and we have an interesting discussion in our Comprehensive Plan about what
happens in these kinds of areas. Normally we do not have a situation where we have a
residential development, which I will characterize as a -- anyway, it's an oddity, we
haven't seen one like this before, where it's surrounded by large lots and a rural
environment. Typically we will see a large lot on one side or one corner of a
development. And when you factor in what it was we were trying to accomplish with the
language within our Comprehensive Plan and what the character is of this particular
piece of real estate, I'm not -- it doesn't resonate to me that the proposed development
and/or annexation is consistent with what we are trying to accomplish. The word I was
looking for is it appears to me is if we have on enclave, but a reverse of the kinds of
enclaves that we typically deal with the city surrounding a rural area and in this case we
have a rural area surrounding the city. My inclination at this point is to not look
favorably upon the annexation. Some of the things we have learned tonight, before
there was a decision, I think one that we hear continually is be careful who you listen to
and when you listen to them when you buy property. I'm not sure what we heard this
evening again resonates with me in that regard. There is not much we can do about
Meridian City Council
December 14, 2004
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promises made to you when you buy property. But what we can do is look at this in the
context of what we want the city to be and how we want the city to grow and given that I
at this point can't take a favorable position.
De Weerd: Thank you. Any further comments? Mr. Wardle.
Wardle: Madam Mayor, I agree with some of the comments that Councilman Rountree
has laid out for us and one of the words that I have heard tonight from the public and
from our own plan is the word harmonious and one of the reasons that we have within
our Comprehensive Plan a mixture of residential types is to be able to achieve those
kinds of blends and to attempt, even some of the lots are much much larger, to attempt
to transition from one style of either residential or one style of land use to the other style
and I didn't see -- I saw an attempt made and I will -- I will say that there certainly was
an attempt to do that in this application, but I don't think it goes far enough and that's
why we have these subjective hearings, so that people can express their public opinion
and bring those thoughts and attitudes forward and so I would agree with many of
Councilman Rountree's statements about the annexation and its place within our city.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I, too, want to thank everybody for coming out and testifying and presenting your
views before the deal. I, too, agree with Councilman Rountree to the point that I -- I
don't feel this is a fit right now. I think -- and don't get me wrong, two rights don't -- you
know, or two wrongs don't make a right and we have -- we have in the past probably
made some bad decisions, but I think this is set in with rural around it and I just can't go
for the density. Now, if it was an R-2 or something like that, I could probably support it.
I'm not against development. But I just -- I just don't -- there is something I just don't
feel that it's right in this area under these terms and I -- the developer has done a good
job, he's changed some stuff, but I think it's just too high of density surrounding the
other -- being surrounded by the acre and five acre lots and I think we need to be able
to transition a little better on the skirts of our impact area. That's my viewpoint.
De Weerd: Thank you, Council. I don't get to vote, but since I run the meeting, I get to
talk. I'm sure you guys are shocked by that. I appreciate the comments from Council
and, you know, in most circumstances this is a well designed subdivision, it has some
great amenities, but as Councilman Rountree has stated, it is kind of reverse of what we
normally see and we have had a similar situation in north Meridian that we asked the
proposers of that subdivision to be conscientious of the lower density lots that
surrounded it and they did a good job in transitioning in and I also agree with the
testimony that this is an opportunity for the executive houses and I certainly don't
propose to purchase this property and develop it myself. I know that they have to be
certainly aware of what the market would bear, but those jobs coming in do provide
some opportunity for some housing that currently doesn't exist and I know staff always
cringes when I talk about lower density, but this is certainly an opportunity to provide
Meridian City Council
December 14, 2004
Page 59 of 70
choices in our city for different housing stock and the type of housing that surrounds it in
this rural area -- and it is a city area of impact, so it is supposed to be urban, but since
the homes that surround this are very nice high quality homes, it doesn't make sense
trying to urbanize this area that is very rural. I also would like to get on my soap box. It
is an opportunity every time I hear schools and crowded and all of that -- right now we
are getting ready to go into a new legislative session. Growth needs to start paying its
way and schools are the only things that are exempted from impact fees and I have
been suggesting to the school district, who has been beaten down every year in the
legislature for even suggesting such a thing, but it is time that this community, this
school district, steps up and says growth needs to start paying its way and impact fees
should be allowed in this high area of growth. And sorry I took advantage of a full room
to please challenge you all to call the school district and say we are on your side and
what do you need us to do, because we definitely need the public's help on this,
because we can get -- the development community has stepped up to the plate and
they are offering property for development, now it's building the buildings and so,
certainly, you can be of great assistance to the school district, but, yes, their job is to
provide a service. We have been asking them to take a stand and say we cannot take
another child, but I do understand what their charter is, it's a little bit different than that,
but it makes it very difficult for us to turn down development, because of an authority
that we don't have to interpret what they are telling us. With that said, I also am
concerned with these rural subdivisions. There is two entrances onto Eagle Road and
one of them is through a rural subdivision plat. They don't have sidewalks, they don't
have road widths that are going to accommodate those things, and by using it as a
second entrance, you do set up -- and we would prefer that in these county subs in our
area of impact that they really do build it to our standards, because, then, you will see
sidewalks and those kind of things, so when those open fields are not guaranteed for
the fox and the geese and, you know what, that's why I got involved in city government,
because I had open space behind me and I really liked that fox was behind there and
now I have a whole big subdivision of higher density than what you see here and now I
moved and I have a golf course behind me. But, you know, when you build those urban
subdivisions around there and they are going to connect through a subdivision that's
been built to county standards, it really provides a very difficult challenge and so I do
agree with the neighbors in that that traffic going through there and that pedestrian
traffic going through there, are a risk, because of how that was designed and I didn't
want to disappoint Council by not saying just a few things.
Rountree: Are you off that soapbox yet?
De Weerd: So that soapbox is worn out.
Bird: Hallelujah.
De Weerd: Except for you can't gavel me down. And, again, I would say that it is a nice
development. I wish you would find another part of our city, but you choose your first
development in Idaho to build in, there is some work to be done and I would agree with
the statements of Council. If there is no further comments, I would entertain a motion.
Meridian City Council
December 14, 2004
Page 60 of 70
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Madam Mayor, Members of the Council, I just wanted to be sure -- we had a lot
of testimony tonight and Mrs. Canning and her staff are going to have to help draft the
findings, which ever way the Council's going, although I can kind of see where we are
going. I didn't know, Mrs. Canning, if there would be some help that you would like to
help craft the findings. I think Councilmember Rountree talked a lot about the
compatibility and the fit and I think so did Councilmembers Donnell and Wardle, but I
don't know whether or not there is enough. If you would like to have any input on that.
Canning: Madam Mayor, Members of the Council, if you could, whoever makes the
motion, if they could highlight some of those issues and, then, we will make sure we go
back and hit them. Madam Mayor, with your permission, if I might converse with the city
attorney. Do you think that we need to prepare new findings for them to look at before
they address this or would -- do you feel comfortable -- we have --
Nary: I guess I'm not tracking.
Canning: We have findings for approval based on a -- the staff recommendation without
the P&Z and, then, we have findings for denial from the Planning and Zoning
Commission.
Nary: I think we probably be best in crafting some new findings and getting them pretty
clean.
Canning: And, then, bringing them back for the final vote?
Nary: Yes.
Canning: That's what I was hoping.
Nary: Yes.
Canning: So, I don't know how that -- what kind of motion is made tonight.
De Weerd: Do you really want these people to come back again?
Canning: No, I do not. I think --
De Weerd: We love you all and we keep denying -- or keep continuing this. Is there
any way we can do that --
Meridian City Council
December 14, 2004
Page 61 of 70
Canning: I think that the maker of the motion could make it clear what direction the City
Council was going, but just direct staff to prepare findings for their review at the next
hearing.
Nary: Correct. Madam Mayor, Members of the Council, that's all I was going to
suggest, is that the maker of the motion just make it clear -- again, just for the benefit of
the staff and especially on a lengthy hearing like this, it's very difficult to piece through
an entire hearing to find your reasons to either grant or deny a particular motion. So, if
you can at least condense that down somewhat, between the planning staff and myself
we can certainly go through that to make sure we have got that correct, we will bring
that back if it isn't, we can certainly take that again and make sure we get it crafted the
way you're most comfortable with. But you can simply make that direction. These folks
don't all have to come back. Those will be available as part of a packet before the next
hearing, so --
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Mr. Nary, at the beginning of this hearing you talked in regard to the three
areas when we are looking at annexation, that it is appropriate and that's all the farther I
got, because you went right on to contiguous to city property and city services being
provided and, then, reasonably within the orderly growth pattern -- would you say those
three again?
Nary: Certainly. Madam Mayor, Members of the Council, Councilman Donnell, I'm
sorry if I spoke too quickly before.
Donnell: You did. I can't write that fast.
Nary: I'm so sorry. Basically, Idaho Code 50-222 talks about three particular areas that
-- where the findings need to be addressed by the Council in making a decision on
annexation. The first is whether or not the land is eligible to be annexed, whether it's
contiguous, whether it's annexable. Secondarily, the second consideration would be
whether or not it would be consistent with the public purposes addressed in your
Comprehensive Plan, whether it has a consistency with the rest of your community and,
lastly, the annexation is reasonably necessary for the orderly development of the city.
And those are, again, both very discretionary decisions on the part of this Council, but,
hopefully, that's of some assistance. I'll try to talk slower. I'm sorry.
Donnell: That is. Thank you very much. That helps.
De Weerd: Okay. If there is no further information needed or discussion, I would
entertain a motion on Item 13.
Rountree: Madam Mayor?
Meridian City Council
December 14, 2004
Page 62 of 70
De Weerd: Mr. Rountree.
Rountree: I have one question for legal council. Does the motion need to reflect
approval or denial?
Nary: Madam Mayor, Members of the Council --
Rountree: And the necessary direction for preparation of the findings.
Nary: Council member Rountree, yes, that would be our preference.
Rountree: And our action would be after we review the findings?
Nary: Correct. Right. You can make a motion just to prepare findings in one particular
direction, we can do that, it will probably be -- it wouldn't be likely for your next meeting,
it would probably be your first meeting in January we could bring those back. Your final
action isn't completed until you have actually approved the findings.
Rountree: And if I heard you right, you're more comfortable with that then --
Nary: I think just so we make sure that it's what you want it to be. I think you would be
the safest to do that.
Rountree: Okay. Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I'll attempt this. I move that City Council instruct the city staff to prepare
Findings of Facts and Conclusions of Law based on the request for annexation for Item
No. 13, indicating denial of the request for annexation and that the basis for the denial
be around consistency with the direction of the city Comprehensive Plan as it deals with
transition between rural and urbanizing areas and the responsibility -- or the
reasonableness, the necessity for orderly development about and around the city and
that those findings be brought back to the Council for final action. Do I need a date
certain?
Nary: Yes. A date certain would probably be best. The January 4th meeting, Mrs.
Canning, is that okay?
Canning: That's fine.
Rountree: We aren't having that -- that those findings be available at Council for final
action on January 4th, 2005.
Bird: Second.
Meridian City Council
December 14, 2004
Page 63 of 70
De Weerd: Okay. The motion is to deny Item 13 and to ask the city attorney to draw up
findings.
Nary: City staff, just to make it --
Canning: And, Madam Mayor, just to clarify. I believe you're not actually denying it,
you're just asking staff to prepare the findings for denial.
Rountree: For denial.
De Weerd: For denial. Yes. Which seems kind of like the same thing, but--
Canning: Subtle differences.
De Weerd: Okay. This must be a legal thing. Okay. Is there any further discussion or
clarification needed? Staff? No? Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Mr. Nary is -- would that be for the same on Items 14 and 15?
Nary: Madam Mayor, Members of the Council, we could certainly prepare findings for
all of those at once. The other ones normally our standard findings would be is if the
property isn't annexed, then, we certainly don't have to make a decision -- we cannot
make a decision on a plat or a CUP, so those are not very complicated and we can
certainly make those as well at the same time.
Canning: Madam Mayor, if -- if perhaps the city attorney could address, though, that we
do have a permit -- we have a Conditional Use Permit and I believe we need some
clarification on exactly what City Council would like for -- as how they can remedy the
situation.
Rountree: We didn't annex it.
Bird: We didn't annex it. How can you have a permit? We can't issue a permit to the
county. When they don't annex, those things go away.
Canning: I just -- my limited understanding -- I'm going to shut up.
Nary: Madam Mayor, Members of the Council, Mrs. Canning is always good to remind
me -- I mean statutorily it does require when you deny a permit, that you give some
grounds as to what they could do to be approved. Certainly one of those is going to be
that the property has to be within the city. If there is anything else you want us to
Meridian City Council
December 14, 2004
Page 64 of 70
include, we can certainly look at that. There isn't any real specifics in the Idaho Code or
case law that says what the depth of that recommendation needs to be, but there does
need to be something. We can certainly -- we can try to craft what we can, based on
the fact that we didn't annex the property, but if there is anything else, we can certainly
add that.
Rountree: Is that triggered with action on the finding on the annexation?
Nary: It's triggered by the denial of the Conditional Use Permit, That's what is required
by the state code, is that you give them reasons of what they could do, particular
directions you could give them as to what they could do to be approved and at the
moment I think all we are -- what we would be including is that they would have to be
annexed into the city to be approved, but if there is anything else you would like us to
add, we could do that.
Rountree: That's fine with me. Do we need a motion?
Nary: I think you probably should -- it would be best to have a motion to direct us to
prepare the findings for the preliminary plat and the Conditional Use Permit as well and
anything else you want us to include in that.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we direct staff to prepare findings for denial, PP 04-030,
preliminary plat for Kingsbridge Subdivision, utilizing the reason that the City Council did
not act favorably upon the annexation, date certain to be January 4th, 2005.
Bird: Second.
De Weerd: Okay. The motion as stated was to ask the staff to draw up some findings.
Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you. Item 15.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we direct staff to prepare Findings of Facts and Conclusions of
Law for denial for CUP 04-032, Conditional Use Permit for Kingsbridge Subdivision,
Meridian City Council
December 14, 2004
Page 65 of 70
utilizing the reasoning that City Council did not act favorably upon the request for
annexation.
Donnell: Second.
De Weerd: Okay. The motion is to ask staff to draw up findings for denial on Item 15.
If there is no further discussion, Mr. Clerk.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 16:
Ordinance No. 04M1119 AZ 04-025 Request for Annexation
and Zoning of 121.96 acres from R4 (Ada County) to R-4 zone for Vienna
Woods Subdivision No. 1-7 and EdinburQh Place Subdivision No. 1-2
by the City of Meridian - NEC of East McMillan Road and North Locust
Grove Road:
De Weerd: Thank you. Item 16 is Ordinance No. 04-1119 for AZ 04-025. Mr. Berg,
will you, please, read this ordinance by title only.
Berg: Thank you, Mayor, Members of the City Council. Ordinance No. 04-1119, an
Ordinance Vienna Woods and Edinburgh Place Subdivisions for property located as
described in the attachment A of this ordinance and annexing certain lands and
territories situated in Ada County, Idaho, and adjacent to the -- and contiguous to the
corporate limits of the City of Meridian as requested by the City of Meridian, establishing
and determining the land use zoning classification of said lands as R-4, medium to low
density residential in the Meridian city code, providing that copies of this ordinance shall
be filed with the Ada County assessor, the Ada County recorder, and the Idaho State
Tax Commission as required by law and providing a summary of the ordinance and
providing for a waiver of the reading rules and providing an effect date.
De Weerd: Thank you, Mr. Berg. You have heard this ordinance read by title only. Is
there anyone who would like to hear it read in its entirety?
Donnell: No, ma'am.
De Weerd: Hearing none, Council, I would entertain a motion to approve this
ordinance.
Rountree: So moved.
Donnell: Second.
De Weerd: Okay. The motion is to approve Item 16. Mr. Berg, will you call roll.
Meridian City Council
December 14, 2004
Page 66 of 70
Bird: With suspension of rules; right?
Nary: That's actually in the rules.
Berg: Madam Mayor, that suspension of the rules is in the summary.
Bird: Thank you.
Berg: Of the title of the ordinance.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 17:
Water, Sewer, Trash Delinquency Turn-off List:
De Weerd: Okay. Our next item is the delinquency list. This is to inform you in writing,
if you so choose, that you have the right to a pre-termination hearing at 7:30 p.m.,
Tuesday, December 14th, 2004, before the Mayor and City Council to appear in person
to be judged on the facts and to defend the claim made by this city that your water,
sewer and trash bill is delinquent. You may retain counsel. Your service will be
discontinued on December 15th, 2004, unless payment is received in full. Is there
anyone present who wishes to contest his or her water, sewer, and trash delinquency?
Seeing none, they are hereby informed that they may appeal and have the decision of
the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code.
Even though they appeal, their water will be shut off. The amount of the turn-off list is
$52,500.73.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we approve the turnoff of December 15, 2004, to the sum of $52,500.73.
Rountree: Second.
De Weerd: Okay. The motion is to approve the delinquency list. If there is no further
discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 18:
Discussion: EMS issue.
Meridian City Council
December 14, 2004
Page 67 of 70
De Weerd: Thank you. Mr. Berg. The next item is discussion on our EMS issue. Mr.
Nary, would you like to give an overview of where we are at?
Nary: On the EMS?
De Weerd: Yes.
Nary: Madam Mayor, Members of the Council, I will pass out to you a second
agreement that was proposed today by the Ada County -- or the Ada County Fire Chiefs
Association. Chief Bowers had spoke to me this morning about this particular one. As
some of you may know from our discussions in the last week, the county had taken a
wait and see attitude on the EMS redistricting proposal that had been before them, they
had provided an agreement for the city to review on Friday afternoon. We, obviously,
couldn't ~- and they wanted a decision by 9:00 o'clock this morning. Obviously, we
didn't have a meeting prior to that for you to be able to have that time to review that
agreement. The agreement had some concerns that I did communicate to all of you in
regards to the city's commitment to funding the city's commitment to personnel or
providing personnel, the city's makeup and participation in a committee to review the
current EMS situation, so the -- this proposal by the Ada County Fire Chiefs Association
is a little softer than what you had previously seen. This is one where, basically, the
support for the override election is simply support, that the city would agree to assist
and maybe providing a fire station as a location, if necessary, but it wasn't required to
do so, that the city would work to simply require volunteers to assist with that -- with the
election, if necessary; that the city would assist with helping to formulate some better
legislation that might assist in having override elections for these types of ambulance
districts, that -- and, then, the other information regarding -- or the other conditions
regarding the review of the EMS services, as well as the study committee, was left a
little broader, it didn't have the particulars as to the members. I think there was -- I think
there is probably some better language in here, we probably need to do a little bit more
work, but that's what's in front of you. Chief Bowers had dropped that off with me this
morning and that's about as much time as I had to look at it, so --
De Weerd: And [ guess, Council, to add to that, it sounds like -- and I have only heard
what I have heard on the radio, is they will be considering this again at their meeting on
the 21 st, which is the same time we meet, so we do need some sense of direction from
the Council.
Nary: Actually, Madam Mayor, I think we meet with them on the 22nd at 10:00.
De Weerd: No. They will meet --
Bird: We meet on the 21 st--
De Weerd: -- on the 21 st regarding this particular issue for the county as a whole, not
just our opportunity to talk to them directly.
Meridian City Council
December 14, 2004
Page 68 of 70
Nary: Right. Okay. I misunderstood you.
Bird: Well, Mayor, I have no problem if we get the opinion and know definitely, but none
of us have had a chance to really read it and look at it -- or look it over that I know of. I
would -- Mr. Nary needs to study it a little more than I think he has. I'm definitely in
favor of -- you know, if we can help it would be volunteer help and provide a -- provide a
fire station for a voting booth, but I think this at least takes care of the concern I had, but
if when you're going to raise the mill levy like that, at least the public needs the chance
to vote on it and, you know, I think this is something that's asked for, so -- which worked
hard to get something like this is talking about. I think it's definitely an improvement
from what they sent us.
Nary: Madam Mayor, Members of the Council, just probably the one -- the most
significant change is that the original agreement that was sent included all the cities in
Ada County, even those that don't have fire departments. That has been eliminated.
The only cities that are signators to this document is the city of Boise and the City of
Meridian and it includes the Whitney Fire District, which wasn't included in the last
agreement, and so it includes all of the fire districts, which is appropriate. It does not
include the fire unions. That was another signator on the last document, was the Boise
and Meridian fire unions. Those are not included, because, again, they aren't the taxing
entities that are really having to foot the bill here. So, I think there is some improvement
here. If you'd like, Council, if you want to simply have the opportunity to read this over
in the next day or two and get back with the Mayor's office or myself or both of us,
maybe through the Mayor's office we could craft a letter that you would have an
opportunity to review prior to being sent to the County next Monday.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Based on my cursory reading of this, the second to the last whereas troubles
me. If that's a non-commitment commitment, there never was one. I'm not sure what
they are telling us that they are willing to consider to ask. I mean our position to them in
writing has been that that's what they do, whether it's for a temporary levy or whether it's
for any kind of raising taxes, we suggested that they go to the voters and seek approval.
So, I have problems with that paragraph. And to your last point about who is signatory
and/or who is reviewing this, I understand who the taxing entities are, but to be
inclusionary, I suppose, of -- our fire folks should be at least asked for input that we
could include with ours, if they are not in complete opposition of the position we might
take. I mean that's just a step to being inclusive of their opinion.
Nary: Council member Rountree, in the spirit of the season it would always certainly be
good to ask them what they think.
Rountree: Ho. Ho. Ho.
Meridian City Council
December 14, 2004
Page 69 of 70
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I guess I'm more troubled than Councilman Rountree about this agreement, for
a number of different reasons. One, the previous agreement was certainly something
that I just, under immediate review, could not have agreed with and this appears to me,
just as a rough estimate, as some sort of an ordinance for us to be able to move forward
to try to get some action and I think the City of Meridian has always been willing to go to
the table and able to provide a solution. This doesn't provide a solution to me, it doesn't
provide, really, anything more than some political cover for some of the -- some of the
things that are going on right now, while our citizens of Meridian are very affected in
that. I'm not sure that we need to sign this document to get involved in that process. I
think that there are people that are involved in the process already and we have already
extended a hand, we need to be part of a solution, in my opinion, not more
postponement of the issue and not more -- I think we have a very good study of the
issue out, so we need to be part of a solution, as opposed to a bandage to this situation.
That's my personal opinion.
De Weerd: Any other comments?
Rountree: Madam Mayor, like I said, I don't necessarily disagree with what Councilman
Wardle is saying, but there is an immediacy here that doesn't -- that's facing the county
and us as well if they can't pay their bills. So, does that put them in a situation of having
to furlough emergency services in the county? I hope we don't get there.
Bird: I'm with you.
De Weerd: Well, I guess I am a little bit concerned with the statement about the
consolidated fire and EMS statements, that we certainly can look at pieces of this
document and say what we feel comfortable about agreeing to and we can put that in a
letter. It just -- it should not be an all or nothing type of situation and I don't think it
actually needs to. We can support their immediacy without committing ourselves to
supporting the idea of a consolidated district.
Rountree: Here. Here.
Bird: You haven't figured out who wrote that?
De Weerd: Yeah. So, what I guess our city attorney and I would like to get from you is
the parts in here that you feel strongly that we can support and your concerns with the
items that you can't. Okay. Mr. Nary, do you need anything further?
Nary: No, Madam Mayor. I think if we can have something by the end of the week, we
could probably put a letter together. The only other comment I would have is I guess
continuation of what Council member Wardle is saying is what they are asking to do is
Meridian City Council
December 14, 2004
Page 70 of 71
sign off on an agreement that has a tremendous amount of information that nobody
from the city has any first-hand knowledge of. It all relates to the countis efforts and
nothing that we have been involved to this point. So, a letter, I think, as Madam Mayor
suggests, is probably more appropriate from the city voicing its concern and support for
the things that it feels are important to its citizens.
De Weerd: Okay.
Bird: How important is the Executive Session to you, Madam Mayor?
De Weerd: Well--
Bird: It's 11: 15. I have got to be back here at 7:00 in the morning.
De Weerd: Mr. Berg, do we need discussion?
Item 19:
Executive Session: Idaho Code 67-2345(1 )(b )(f).
Bird: Madam Mayor, I move we go into Executive Session as per 67-2345(1)(b)(f).
Rountree: Second.
De Weerd: Mr. Berg, if you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES,
EXECUTIVE SESSION:
Bird: Madam Mayor I move we come out of Executive Session.
Rountree: Second.
De Weerd: The motion is to come out of Executive Session. All those in favor, say aye.
For the record just to note no decisions were made while in Executive Session.
MOTION CARRIED: ALL AYES.
De Weerd: Motion to adjourn?
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye.
Meridian City Council
December 14, 2004
Page 71 of 71
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 10:55 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
!
~~~~
4iMMY DE WE R , MAYOR
(I +-,tJt;)
ATTESTED: ~~~
WILLIAM G. BERG, JR.,