HomeMy WebLinkAbout1999 08-17
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1. ORDINANCE #
-- FULL TIME MAYOR: (REMOVE)
2. ORDINANCE #837 -- MA VOR AND CITY COUNCIL SALARIES: (APPROVE)
3. APPOINTMENT OF PLANNING AND ZONING COMMISSIONERS: (APPROVE
KENT BROWN & RICHARD HATCHER, JR.)
4. TABLED 8/3/99: FINAL PLAT FOR MAWS NO.3 SUBDIVISION (7 BUILDING
LOTS) BY TEALEY'S LAND SURVEYING--NORTH OF PINE & WEST OF
LOCUST GROVE RD: (TABLE UNTIL 917/99)
5. TABLED 8/3/99: REQUEST FOR PRELIMINARY PLAT FOR
WILKINS RANCH SUBDIVISION (89 BUILDING LOTS ON 27.86 ACRES) BY
STEINER DEVELOPMENT LLC - SOUTH OF USTICK & WEST OF TEN MILE:
(APPROVE)
6. TABLED 8/3/99: ORDINANCE #838 - FLOOD DAMAGE PREVENTION:
(APPROVE)
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7. ORDINANCE # ..- ANNEXATION & ZONING OF 6.15
ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY
IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE &
FRANKLIN: (TABLE UNTIL 917/99)
8. DEVELOPMENT AGREEMENT FOR TREMONT SUBDIVISION BY LUNA
VISTA, INC. BROADWAY & 8TH STREET (725 W. 8TH): (APPROVE)
9. ORDINANCE #839 ..- REZONE OF 9.838 ACRES FROM R-8 WITH
CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR
PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.-
BROADWAY & 8TH STREET (725 W. 8TH): (APPROVE)
10. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING
OF 4.6 ACRES BY TREASURE VALLEY BAPTIST CHURCH I K. D.
ROOFING-NORTH OF OVERLAND RD, SOUTH OF 1-84 & EAST OF TEARE
AVE: (ATTORNEY TO PREPARE FINDINGS)
11. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND
CONTRACTOR'S BUSINESS BY TREASURE VALLEY BAPTIST CHURCH I K.
D. ROOFING-NORTH OF OVERLAND RD, SOUTH OF 1-84 & EAST OF
TEARE AVE: (ATTORNEY TO PREPARE FINDINGS)
12. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR USE
OF EXISTING BUILDING FOR A PRIVATE SCHOOL-BY CAPITAL
CHRISTIAN CENTER-NORTH OF FAIRVIEW & WEST OF EAGLE ROAD:
(ATTORNEY TO PREPARE FINDINGS)
13. PUBLIC HEARING: REQUEST FOR VARIANCE FOR TIME EXTENSION FOR
FINAL PLAT OF PACKARD NO.1, PHASE 2 BYTEALEY'S LAND
SURVEYING - NORTH OF FAIRVIEW AND WEST OF EAGLE ROAD:
(ATTORNEY TO PREPARE FINDINGS)
14. PUBLIC HEARING: REQUEST FOR VARIANCE FOR PRESSURIZED
IRRIGATION IN MAWS NO.3 SUBDIVISION BY TEALEY'S LAND SURVEYING
- NORTH OF PINE AND WEST OF ADKINS AVENUE: (ATTORNEY TO
PREPARE FINDINGS)
15. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.0
ACRES OF LAND FOR OFFICE USE (I..L ZONING) FOR JACKSON'S FOOD
STORES-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD:
(ATTORNEY TO PREPARE FINDINGS)
16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PUD
TO ALLOW OFFICE BUILDING CONSTRUCTION ON ADJOINING SITE FOR
JACKSON'S FOOD STORES-NORTH OF FRANKLIN ROAD & EAST OF
EAGLE ROAD: (ATTORNEY TO PREPARE FINDINGS)
17. PUBLIC HEARING: REQUEST FOR PARTIAL EASEMENT VACATION IN
ENGLEWOOD CREEK NO.2 SUBDIVISION BY BRIAN LEE CONSTRUCTION
- LOT 17, BLOCK 6: (ATTORNEY TO PREPARE ORDER TO APPROVE)
18. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF
APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR
PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC-
NORTH OF 1-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET:
(ATTORNEY TO PREPARE FINDINGS)
19. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A
DRIVE..THRU FOR MOXIE JAVA BY AVII L.L.C.-1800 N LOCUST GROVE
RD: (ATTORNEY TO PREPARE FINDINGS)
20. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT INCLUDES
SIGNAGE FOR CHEVRON C-STORE WITH GAS PUMPS & DETACHED CAR
WASH, MCDONALD'S WITH DRIVE-UP WINDOW (SAME BUILDING AS C-
STORE) & IDAHO UNITED CREDIT UNION BY EAGLE PARTNER8-NW
CORNER EAGLE ROAD & MAGIC VIEW DR: (ATTORNEY TO PREPARE
FINDINGS)
21~ PUBLIC HEARING: REQUEST FOR VARIANCE TO REDUCE SETBACK BY
GENE KLEFMAN AT LOT 10 BLOCK 3 OF LAKES AT CHERRY LANE NO.2:
ATTORNEY TO PREPARE FINDINGS FOR APPROVAL)
22. WATER I SEWER I TRASH DELINQUENCIES: (DO NOT HAVE REPORTS)
23. DEPARTMENT REPORTS:
1. GARY SMITH:
A. CHANGE ORDER NO.1 FOR WELL NO. 18 PUMP AND
PUMPHOUSE: (APPROVE)
B. CONSTRUCTION INSPECTION - WASTEWATER TREATMENT
PLANT PROJECTS: (APPROVE)
c. CONTRACT MODIFICATION - USTICK RESERVOIR &
BOOSTER PUMP STATION: (APPROVE)
D. BID RESULTS I AWARD 1999 WATERLINE PROJECT PHASE 1
OVERLAND ROAD TO EAGLE ROAD: (APPROVE)
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E. AMENDMENT TO EASEMENT AGREEMENT WITH B & F
ENTERPRISES: (APPROVE)
2. KENNY BOWERS:
A. COLLECTIVE LABOR AGREEMENT WITH UNION #2311: (NO
AGREEMENT)
B. LINE ITEM ADJUSTMENTS: (APPROVE)
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17. 1999
The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on
August 17, 1999 by Mayor Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Mayor Bob Corrie, Will Berg, Bill Gigray, Bill Gordon, Gary Smith,
Tom Kuntz, Kenny Bowers, Steve Siddoway, Brad Hawkins-Clark.
Corrie: I want to welcome all of you here this evening to the Council meeting. Thank
you for coming. We have the first on the agenda is the consent agenda items A, B, C
and D. I would like to recommend that we take D off the consent agenda, and have it
as a separate entity right after the consent agenda. The attorney has some things that
you need to look at or hear.
Anderson: Mr. Mayor, I would make a motion that we approve the consent agenda with
the exclusion of removing item 0 from that agenda.
Bird: Second.
Corrie: Motion made and second to approve the consent agenda A, B, and C with 0
being pulled off. Any further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES.
Corrie: On item 0, Mr. Gigray would you like to explain we have here on this property
exchange lot 8 and 9?
Gigray: Mr. Mayor and members of the Council, this matter was brought to my attention
as on the agenda and this has to do with a lot line adjustment that must have been
occasion back in October of 1985. The lot line adjustment was recorded, but there were
never any exchanges of deeds between the property and the city to affect a change of
ownership of those portions of lots 8 and 9 that were affected by the lot line adjustment.
You have before you for your consideration the proposed quitclaim deeds that were
prepared by Pioneer Title and I think this is possibly in conjunction with the work being
done on the letter of credit relative to the golf course clubhouse. This I believe was
located in that process as being something that was not yet complete. The problem
with this is and my inquiry was whether or not the property which is the subject of this
exchange which would exchange property to the city was subject to any kind of lien that
would pass with the deed because a quitclaim deed does not pass after acquired title. I
was advised by Harold Houston at Pioneer Title that American Mortgage Company has
a recorded deed of trust on this property and unfortunately that deed is with reference to
the prior subdivision boundaries so any exchange of properties at this time would not
remove that lien and I would not recommend that this process be completed until that
lien is removed by a partial deed of re-conveyance from American Mortgage back to the
parties that involve the other lot. So that's the sum and substance of my memo. I have
written a letter to the other lot owners advising them of the need to do this. That went
out yesterday. I have not heard from them yet. I think by the time this is communicated
to North American Mortgage Company and they get appropriate authority to do all the
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 2
things they need to do, I don't know whether that can be done in two weeks. I would
recommend it least be tabled for two weeks and possibly four in order to complete this
process.
Corrie: Any questions from Council?
Anderson: I have none.
Bird: I have none.
Corrie: I will entertain a motion then to table this property exchange lot 8 and 9 block 1
of Lakes at Cherry Lane until the September 21st.
Anderson: Mr. Mayor I would make a motion that we table item 0 property exchange
for lot 8 and 9 block 1 of the Lakes at Cherry Lane until our September 21st meeting.
Bird: Second.
Corrie: Motion is made and second to table consent agenda item D until September 21 ,
1999. Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: Council, I do need to make an announcement to you for your approval. We
forgot somehow to put in the regular agenda the variance that was at Cherry Lakes No.
.2 Subdivision to allow an encroaching original porch to be replaced with an encroaching
kitchen addition and setback of 12 feet. With your permission, I would ask that it be
placed on here tonight as an emergency because it was noticed of a public hearing for
tonight for that. Is there anybody here that is here going to be testifying on that? Okay.
So Council, I would ask that it be placed on the regular agenda tonight wherever you
would like to have it.
Bird: Where do you want it at Mayor?
Corrie: We can have it right after the last public hearing if you want to have it then.
Bird: So make it 21.
Bentley: Mr. Mayor are we going to be able to make it through all these public hearings
tonight?
Corrie: I think we might. I've got some things that I might combine 10 and 11 and 15
and 16. I need to check with you on that one as well.
Bentley: Mr. Mayor, I move we add the variance for Cherry Lane to item number 21 on
the agenda.
Rountree: Second.
Corrie: Motion is made and second to add the variance for Cherry Lane Lakes to
agenda 21. Is there any further discussion? Hearing none, all those in favor of the
motion say aye.
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 3
MOTION CARRIED: ALL AYES.
Corrie: Also Council we might be able to save some time here tonight if we can
combine number ten and number eleven which is the Treasure Valley Baptist Church
annexation and conditional use permit and also 15 and 16 which is Jackson's Food
Stores public hearing. If you don't have any objections to that. Is the applicants here
tonight for those two as well? Okay do you have any objections to that. Council if you
don't see any objections we can go ahead and do that when the time comes.
Bird: That's fine.
Corrie: Okay I think that takes care of the special announcements.
1. ORDINANCE # -- FULL TIME MAYOR:
Corrie: Item number one is the ordinance we had last week. We had some confusion
about what we could and couldn't do so I placed it back on tonight. So, Mr. Clerk if you
would read Ordinance #, what will it be?
Berg: Mr. Mayor if it's approved it will be 837 to try to keep it in chronological order.
Corrie: Okay if you will read Ordinance #837 by title only then.
Berg: Yes, thank you Mr. Mayor. (ORDINANCE #837 WAS READ BY TITLE ONLY)
Corrie: Okay, you've heard the reading of Ordinance #837 by title only. Is there anyone
from the audience who would like Ordinance #837 read in its entirety tonight? Hearing
none, I'll entertain a motion on Ordinance #837 if you would like.
Bentley: Mr. Mayor I move we approve Ordinance #837 with suspension of rules.
Corrie: Is there a second on this so that we can give this a full discussion tonight?
Anderson: Mr. Mayor, I'll second that.
Corrie: Motion is made and seconded to Ordinance #837. Discussion? I think Mr.
Gigray, you have given us a report on that in a memo form. Could you kind of tell us
what we've got here and then could you kind of go from there?
Gigray: Mr. Mayor, members of the Council, at the direction and as the action occurred
at the last Council meeting I have supplied the Mayor and Council with a memorandum
of the City Attorney's opinion with regards to the action that was taken on August 3rd
and the relative authority of the persons involved voting in this matter. The sum and
substance of that opinion is that the action that was taken at the last Council meeting
was the approval of a motion that no action be taken, which I believe Councilman
Rountree had moved and that passed three to one and no final action was taken on the
other motion. So therefore it is our recommendation that this matter could come back to
the City Council under the Mayor's authority with regard to the presentation and matters
to the City Council in the setting of the agenda and that is why it's back before the
Council at this particular time upon motion and second. With regards to the issue of
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 4
whether or not there was a conflict of interest on the part of the Mayor to be able to vote
to break a tie, it was our opinion that there is not. We have cited the various code
sections which we believe are relevant to this particular matter. It doesn't within the
definition of pecuniary interest under the ethics law of the state, there are specific
provisions in the municipal code that provide when considering matters of setting the
compensation of members of the Councilor the Mayor that the Council has the Mayor
have that authority and there's a particularly deliberate methodology in which those can
be passed. That is it has to be passed 60 days before the general election and doesn't
take effect until January 1 following the election. There was a specific intent of the
legislature to ensure at least the voters had some ability to respond to any such actions
and it wouldn't take effect until the next calendar year. Also it would seem to make
annulity out of the statute and the one I'm referring to is Idaho Code 9 5203 of the
authority of the Mayor and Council to set compensation because if there is a conflict of
interest on the part of the Mayor, there would also be on the part of the Council when
issues of the compensation of the Council were brought to the - for consideration. As
far as other matters, it's our recommendation that the Council consider amending
Ordinance #1705B of the municipal code because it references the authority with
regards to what governs Council meetings and this references a very old publication of
the Idaho Municipal League. I've referenced a follow up in this memo and our intents to
locate that particular document and at this point the Association of Idaho Cities has not
been able to locate it. So I think we really do need to address that issue as well at
some point and not the very distant future. I think the rest of the memo pretty much
speaks to the main items that I've addressed here. If you need further report on this, I'll
be happy to follow up.
Corrie: Thank you Mr. Gigray. Further discussion?
Bentley: Mr. Mayor my feeling on this ordinance is it's time to move ahead with the
growth of this city, the amount of work that falls under the authority of the Mayor. I feel
that it's time that the city does have a full time Mayor. And I would like to see this
ordinance passed tonight. Thank you.
Corrie: Further discussion?
Rountree: Mr. Mayor, I'll repeat my previous position of the last meeting and something
along the lines of but given the contemplation and thought over the number of months
that we've been dealing with this, I've been full circle. At this point, I'm not in favor of
the ordinance and I would support leaving our ordinance as is, which really doesn't
specify one way or another full timeness or part timeness of the Mayor, but the Mayor
does sufficient work for the needs of the city. I would also encourage that we look at a
full time administrative person that would work for a Mayor and provide continuity in
administrative activities to all the department heads.
Corrie: Any further discussion?
Anderson: Mr. Mayor I guess I'm probably the pivotal vote in this thing tonight, and I've
gone flip flopping back and forth. I feel like a fish out of water on this thing. But just a
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 5
couple of observations. Number one in this ordinance, there's a number of references
to the Mayor being his and I think it's probably inappropriate to assume that the Mayor
is always going to be a male. So I would think those would need to be stricken out of
this particular ordinance, and then I also favor a full administration position that would
oversee pretty much the day to day affairs of the city, which would add consistency to
the management of the city and with the department heads even through times of
election, but it doesn't appear like that is on the near horizon. So at this point I think our
existing ordinance does not necessarily prohibit a Mayor from working full time or part
time. It's just a matter of the salaries that we set which is the next item on the agenda.
So I'm not really going to say right ,now how I'm going to vote. I'm going to sit on top of
that fence for a couple more minutes. I like it on the top here.
Bird: I hope it don't get sore.
Anderson: Savor the moment.
Bentley: Watch out for those pickets.
Corrie: Any other discussion?
Bird: I don't have any.
Corrie: Weill still I gave my opinion last time. Having been Mayor for four years, I feel
too that it would be nice to have an assistant to help with the day to day things in the
Mayor's office. In the four years that I've had, it has been a full time job. I'm sure
everybody realizes that. I am one who is definitely feel that it should be a position of full
time and then perhaps have an assistant and also perhaps a person in the finance
department can help much the same as Nampa has and Boise. The City of Meridian is
now (inaudible) depending on which you take it's 36 to 38,000. In four years it could be
50,000. I think that there's plenty there for the Mayor to have to do. That's my opinion
on it. So with that, is there any further discussion?
Bird: I have nonea
Corrie: Okay if not, then we'll vote on Ordinance #837 by roll call vote.
ROLL CALL VOTE: ROUNTREE, NAY. BIRD, NAY. BENTLEY, YEA. ANDERSON,
NAY.
MOTION DEFEATED: 3 NAY, 1 YEA.
2. ORDINANCE #837 -- MAYOR AND CITY COUNCIL SALARIES:
Corrie: Okay ordinance number -
Berg: Excuse me Mr. Mayor, it would be 837 if we try to keep it in chronological order.
In talking with the City Attorney it would be best instead of knowing why skip numbers.
Corrie: Okay, gotcha.
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 6
Bird: What number is it?
Corrie: 837. Since this is an ordinance that has some holes in it, mainly the wages, I
would suggest that we have a discussion on this first so that you can come to some
agreement before we have the blanks filled in. Is there any discussion that you would
like to do before this discussion? If not we'll go right into the ordinance.
Rountree: Mr. Mayor, I suggested some ranges the last time we looked at this.
Something on the order of nothing from 5 to $600 for City Council and from no increase
to an increase of approximately $6,000 for the Mayor's position which would bring it up
to $20,000 on it per annum.
Corrie: Okay so the salary of the Mayor shall be how many dollars per month then?
Rountree: Well that would be $1667.
Corrie: Okay any other discussion?
Bird: What was the Council's? Did it stay the same?
Rountree: Given the budget situation we've got this year, I can't support increase for
us.
Bird: I can't either.
Corrie: Okay you're staying at five then.
Rountree: Just stay where it is. I mean that's my opinion.
Bird: Mr. Mayor I agree that to raise the Mayor's salary, because it probably needs it,
but with the restraint we've had on our budget this year, we've asked all the
departments to tighten their belts and I think we can just tighten ours right with it if we
think we need a raise, which I don't think we do.
Bentley: Mr. Mayor, I'm going to disagree, because I feel the funds are there. I feel that
we still have got a lot of work to do on that budget. I feel with the extra meetings that
we're now attending, the extra work we're now attending, I feel we should be
compensated or at least brought up to what the rest of the Councils are getting in the
area. So I would support going to $600 for the Council and I would even support $100 a
month for the Council President for his extra activities as the other councils do.
Corrie: Okay any other discussion?
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 7
Anderson: Mr. Mayor, I would also an increase in the Mayor's salary. As for the
Council members, I know I for one didn't sign on for this position for the money. And I'm
more than willing to serve out my term for the existing pay that's there. So in light of
keeping a tight budget and showing that we're willing to do what we ask our troops to
do, I would be willing to forego any increase in salary for the Council members.
Gigray: Mr. Mayor point of information for the Mayor and Council. You have before you
two forms of an ordinance. One does away with any designation for the Council
President. The other would set that amount, so if you feel that you've got - someone
wants to make a motion on some point on the ordinance, I just want to point that out.
The existing ordinance has I think a rather cumbersome provision regarding the Council
President because it provides for a different rate of pay which would be equal to that of
the capacity of the Mayor prorated for the period of time they perform the duties and
that's kind of a cumbersome thing to work with I think.
Rountree: It costs more to figure out than -
Corrie: Okay.
Rountree: Mr. Mayor I move that we adopt Ordinance #837 that would reflect an
increase in the Mayor's salary to $1 ,667.00 per month. No increase in the City Council
salary and delete the reference to compensation for the Council President.
Bird: Second.
Corrie: Motion is made and second to Ordinance #837 that the Mayor's salary shall be
$1,667.00 and the salary of the Council President at $500. Is this the ordinance that
you want?
Rountree: Yes.
Corrie: Okay then we need to have the City Clerk read the ordinance by title and then
we'll vote on the ordinance.
Berg: Thank you Mr. Mayor. (ORDINANCE #837 WAS READ BY TITLE ONLY)
Corrie: Is there anyone from the audience who would like to have Ordinance #837 read
in its entirety? Hearing none, a motion was made by Mr. Rountree and second by Mr.
Bird to the salary of the Mayor to $1667 per month and the Council to stay the same at
$500 a month.
Rountree: Mr. Mayor that motion would be for suspension of rules.
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 8
Corrie: And suspension of rules. All right. Any further discussion? Hearing none roll
all vote.
ROLL CALL: ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. BIRD, YEA.
MOTION CARRIED: ALL YEAS.
Corrie: All right Ordinance #837 has been passed. However I might add it might be
vetoed. I didn't take this job for the money and I don't think that I should be making if
nobody else is either.
3. APPOINTMENT OF PLANNING AND ZONING COMMISSIONERS:
Corrie: At this time Council I would like to recommend two new names for the Planning
and Zoning Commission. We have two positions open. Tonight I would like to - you
have the resumes of both these people. I would like to recommend that Richard C.
Hatcher, Jr., who is an architect be appointed. And also L. Kent Brown, who is the
project manager analysis right at the present time at Boise City Ada County Subdivision
Applications. Do we have any discussion?
Bird: Mr. Mayor I believe L. Kent Brown works for Briggs Engineering now, not for the
Boise City.
Corrie: I think that's correct. I'm sorry. (Inaudible) Any further discussion? Okay,
hearing that is there any - would anybody like to issue a motion to accept Richard C.
Hatcher, Jr. and L. Kent Brown as the two replacements on the Planning and Zoning
Commission?
Anderson: Are they in the audience?
Corrie: Yes, they are.
Anderson: Would they raise their hands then to see who I'm voting on? One of them is
here.
Corrie: Kent Brown, right, and I can't break a tie. It's got to be 3 to 1 or all 4.
Rountree: Mr. Mayor, I would prefer that we do each individual if that is consistent.
Corrie: All right then let's start with L. Kent Brown. My recommendation is that he be
appointed the Planning and Zoning Commissioner.
Bentley: Mr. Mayor, I move we accept the nomination of L. Kent Brown to P & Z for the
City of Meridian.
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 9
Rountree: Second.
Corrie: Motion is made and seconded that we approve L. Kent Brown as one of the
Planning and Zoning Commissioners. Any further discussion? Hearing none, all those
in favor, let's do a roll call vote to make sure we have it right.
ROLL CALL: ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. BIRD, YEA.
MOTION CARRIED: ALL YEAS.
Corrie: Kent, you have been approved by City Council.
Anderson: I hope you know what you're getting into.
Rountree: You'll find out if it's worth a turkey or not.
Corrie: The next appointee would be Richard C. Hatcher, Jr., who is the architect with
Lombard Conrad.
Bird: Mr. Mayor, I move that we approve Richard C. Hatcher, Jr. to the Planning and
Zoning Commission.
Bentley: Second.
Corrie: Motion is made and second that we approve Richard C. Hatcher, Jr. as a
member of the Planning and Zoning Commission. Any further discussion? Hearing
none, roll call vote.
ROLL CALL: BIRD, YEA. BENTLEY, YEA. ANDERSON, YEA. ROUNTREE, YEA.
MOTION CARRIED: ALL YEAS.
Corrie: Richard C. Hatcher, Jr. is approved and is on the Planning and Zoning
Commission. Congratulations to both of you. Kent, glad you're here tonight.
4. TABLED 8/3/99: FINAL PLAT FOR MAWS NO.3 SUBDIVISION (7 BUILDING
LOTS) BY TEALEY'S LAND SURVEYING-NORTH OF PINE & WEST OF
LOCUST GROVE RD:
Corrie: We have here Council a variance that's coming in on item number 14, and I
think that we probably should have the variance Findings of Fact and Conclusions of
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 10
Law and Order presented to you before you do the final plat on Maws 3 Subdivision. Is
this correct, Mr. Gigray?
Gigray: That's correct.
Corrie: I would ask that you table this until the meeting of September 7th following the
public hearing which will be on the variance.
Bentley: Mr. Mayor, I move we table the final plat for Maws NO.3 until September 7,
1999.
Bird: Second.
Corrie: Motion made and second that we table the Maws final plat No.3 Subdivision
until September 7th, 1999 meeting. Any further discussion?
Rountree: Mr. Mayor, the only comment I would make is if there are issues with the
final plat, it would be nice if the applicant knew those now. He could be working on
those concurrently with getting ready for the next hearing. I don't have any. I don't
know if anybody else does and I don't know if staff has got any outstanding issues but if
they're there we ought to let them know that.
Corrie: Staff is there any outstanding conditions that you have there on that one?
Siddoway: I know of no outstanding issues on the plat other than the variance itself and
we were going to recommend the same.
Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
5. TABLED 8/3/99: REQUEST FOR PRELIMINARY PLAT FOR
WilKINS RANCH SUBDIVISION (89 BUILDING LOTS ON 27.86 ACRES) BY
STEINER DEVELOPMENT LLC - SOUTH OF USTICK & WEST OF TEN MILE:
Corrie: Council we have a problem here as well. I think this is a new plat and it's going
to require a public hearing. I think it needs to be noticed in this case and also you can
determine whether the City Council wants to hear this or refer it back to Planning and
Zoning. Any comment Mr. Gigray?
Gigray: No, I note that in the file there was a memo from Steve Rutherford to the Mayor
and Council with regards to this particular matter. This had to do with the development
agreement, but the development agreement would not be something that would be
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 11
involved in the preliminary plat. That would be a matter associated with annexation and
zoning. Now whether or not there were conditions that were imposed on annexation
and zoning that would be relative to this development, then it would be relevant at a
hearing on this preliminary plat before the City Council.
Corrie: Discussion Council?
Rountree: Mr. Mayor it seems to me that we've seen this plat before in a somewhat
different form. It was a little higher density. It was our desire to see the density and the
zoning at R-4 as opposed to R-8 which was the request. I think it's been past practice
that if there is a lessening of the development intensity and the potential impact on one
of these that's gotten to the Council after Planning and Zoning, that we've not had
another public hearing. We simply acted on the modification that we've requested so
I'm not sure in my mind I'm convinced we need to have another public hearing. They
have responded to our direction and our Findings of Facts on this.
Corrie: I think I agree with you Charlie, but they changed the preliminary plat.
Bentley: Mr. Mayor they had to change the preliminary plat because we told them to.
Corrie: I know we did, that's (inaudible)
Bentley: I don't know. I guess I would have to refer it over to Counsel and get his
opinion because that was one of the - it was virtually a condition we put on it. It's the
only way we would accept it and they've made corrections in accordance to our wishes
and I would prefer not to send it to a public hearing, but I guess I would have to hear
from the Counsel as to what his opinion is on that.
Corrie: I don't disagree. Mr. Gigray?
Gigray: Mr. Mayor and members of the Council, your ordinance provides for public
hearings at preliminary plats. You don't have public hearings on final plats. Since this
matter was not approved as a result of the former public hearing as was sent back and
has come back again to the City Council, I would suggest that the safe play would be to
advertise it for public hearing once again because of any possible change of conditions.
If you feel that there aren't changes of conditions and there have been adequate public
notice and it has been adequately addressed and that it doesn't pose any new issues
which should be addressed by persons who might be opposed to this and you don't
need any addition evidence with regards to the preliminary plat, then I guess you make
a decision not to have the public hearing.
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 12
Anderson: Mr. Mayor I guess a point of order for my own clarification because I don't
understand, but could we have either staff or the applicant explain what changes were
made?
Gigray: Mr. Mayor I would recommend that we're getting into a public hearing when we
do that, because you're taking information with regards to this that would be part of the
record.
Anderson: Even from our staff.
Gigray: Yes. Now if you wanted to ask about what procedure it's been through and
limit it to procedural issues, I would say you could get that information. But if it gets to
the merits of this application, that's where we have problems.
Rountree: Mr. Mayor I guess one final point if you'll let me. If doesn't seem to me that
there's a substantive change in the plat. That portion of the property that was
(inaudible) previously is still not platted. The road configurations are essentially the
same. We have a few fewer lots because the lot sizes have gone up. In my opinion I
don't recognize that as a substantive negative change, but I would like to hear from staff
if they've had a procedural review in terms of consistency with the ordinances for an R-4
subdivision and what if any comments they may have as it relates to our requirements.
Corrie: Staff comment on that particular -
Hawkins-Clark: Mayor, Council the plat does conform to the R-4 standards. The
frontages have been expanded and as Councilman Rountree stated, there have been I
believe six or seven total lots omitted from the plat to get the appropriate frontage on
those other lots. The only other change they have changed the location I believe of a
storm drain which was previously located up on the northwest corner going out towards
Ustick. That was on the previous plat, but that's been modified and my understanding is
that the Public Works Department doesn't have any issues with that.
Rountree: Thanks Brad.
Hawkins-Clark: Also the understanding is that the public hearing looking over the past
record was never formally closed on this plat.
Bird: That's right.
Corrie: Mr. Anderson.
Anderson: If that's the case then, we've never closed the public hearing then we could
take testimony tonight.
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MERIDIAN CITY COUNCIL MEETING
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PAGE 13
Bentley: No we can't. We didn't continue it. We didn't notice it as continued.
Corrie: That's right we didn't notice it.
Gigray: We haven't given notice of continuances as long as we've given the evening
that's going to be continued to the next Council meeting. Because everybody has the
opportunity to be present and to testify and assuming it's continued it's continued and
you don't have to renotice it then.
(I naudible)
Corrie: You said we can? You said we can open it up?
Gigray: I mean if you haven't closed it, I'm not-
Corrie: I'm not sure we didn't close it though. We didn't have it.
Bird: Yeah, we had a public hearing the week of the last week of July. Now we went on
- July 20th and we closed the public hearing on July 20th. Now last week we just tabled
it when it came before us. I believe we closed the public hearing or did we continue it
August 3rd. If we continued it to August 3rd, then we didn't continue it from August 3rd to
the 17th. We were out of order at that point.
Bentley: Mr. Mayor, ('m looking at the minutes that's in our packet from August 3rd,
which maybe the clerk is gathering them up. On August 3rd, we motioned to table this
until the 17th.
Bird: But it was not opened up as a public hearing. Even though we had at that point
had invited - we asked Becky if two weeks would be long enough even though it wasn't
- I think on July 20th we closed the public hearing.
Bentley: I don't have those minutes.
Bird: Do you have the minutes?
Hawkins-Clark: Yeah, looking back at the minutes, I confirm that now. It was closed.
Bird: It was closed and we went ahead and tabled it until we could - we instructed for it
to pass that they had to conform to R-4 that we didn't want any R-8's out there, and I
don't know why if we go back to R-4 which is in our ordinance for that location why we
have to have another public hearing why we can't enact upon it right now.
r
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 14
Hawkins-Clark: ... was to allow the applicant to respond since you requested the R-4 as
compared to the R-8, and there was also a discussion about a PUD. You left the
applicant with two options. One was the PUD and one was to do the R-4. They chose
the R-4.
Bird: That's right. Basically they eliminated some lots. The streets didn't change or
anything else. The only thing that was changed was to get some frontage. Most of the
lots had the 8,000 square foot, it just didn't have the frontage feet that we needed. Am I
not right? Is that right?
Hawkins-Clark: That's correct.
Bird: Okay so I don't know why we can't act - I don't know why we have to go back to a
public hearing anyway. I don't know why we can't enact upon it tonight.
Corrie: If you so desire, you can.
Bird: I so desire.
Corrie: Well then let's put it up for a vote and see where it goes.
Bird: See what the other guys want to comment Mayor.
Corrie: Do I hear any comments from Council?
Rountree: I don't have any more to say. I think this is a reaction to conditions that we
provided to the applicant and I think we probably ought to take action on it.
Corrie: I don't disagree. I just don't want it to come back and hit us in the face. I'll
entertain a motion on request for preliminary plat for Wilkins Ranch Subdivision.
Bentley: Mr. Mayor, I would move we approve the preliminary plat for Wilkins Ranch
Subdivision the plat that's dated 8/11/99.
Bird: Second.
Corrie: Motion made and second the request for preliminary plat be approved as shown
on the plat as mentioned in the motion. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES.
6. TABLED 8/3/99: ORDINANCE #838 - FLOOD DAMAGE PREVENTION:
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 15
Corrie: Mr. Clerk, what is the ordinance number?
Berg: Mr. Mayor it's ordinance number 838.
Corrie: Mr. Clerk would you read Ordinance #838 by title only.
Berg: Thank you Mr. Mayor. (ORDINANCE #838 WAS READ BY TITLE ONLY)
Corrie: Is there anyone from the audience who would like to have Ordinance #838 read
in its entirety? Hearing none, I will entertain a motion on Ordinance #838.
Anderson: Mr. Mayor, it seemed like Gary Smith was going to get some additional
information.
(Inaudible)
Anderson: Mr. Mayor, I would make a motion that we approve Ordinance #838 Flood
Damage Prevention with suspension of rules. (End of Tape)
Bird: Second.
Corrie: Okay motion is made and seconded that we approve Ordinance #838 with
suspension of rules. Discussion? Yes, Mr. Anderson.
Anderson: Gary, could you explain what this is?
Smith: Yes, sir. Mr. Mayor and Council members, Councilman Anderson, the original
flood damage prevention ordinance that was approved by the City of Meridian was done
so adopting maps these flood insurance rate maps that were dated September 27, 1991
for the city and since that period of time there have been numerous instances where the
flood plain limits have been changed through what is called a LOMR, Letter of Map
Revision that was submitted to FEMA based on engineering hydraulic studies of the
floodways or flood plains areas, and since the time that this ordinance was enacted by
the City Council, there have been numerous LOMR's that were approved by FEMA and
this new ordinance consolidates and updates all of our FIRM's, Flood Insurance Rate
Maps that were prepared for the City of Meridian city limits to include those revisions
and there were also some other items of information that FEMA was requesting that
have been submitted to them. Most of them had to do with street names. We've
updated the maps to show the subdivisions that have been added etc. These additions
were submitted I should say the additions, revisions were submitted to us for review and
Cheryl Sable in my office has made that review of the revisions and has confirmed that
the revisions as have taken place are correctly shown on these revised maps. And she
has responded to FEMA that is the case along with some other information that FEMA
requested like I said earlier concerning primarily street names, but that the basis for the
upgrade of the ordinance and I think the language has been changed. The very end of
that sentence that's underlined in the ordinance that reads declared to be a part of this
chapter together with any subsequent revisions thereof will negate having to bring this
item back before the Council for future revisions. The letters of map revision, the
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 16
LOMR's are based on hydraulic engineering studies of the floodways and the flood
plains. And a lot of times the information that is generated from these LOMR's is much
more detailed than what the original flood study used and that's why the flood plain
areas are changed. Also the flood plain areas can be changed by the addition of fill
material in the flood plain area. Several subdivisions that were developed in the City of
Meridian chose to go in that direction bringing in fill, raising the elevation of the land
thereby taking it out of the flood plain area, but again this was done through a LOMR
and that has to be certified by an engineer.
Anderson: And for clarification purposes are there some federal benefits that are
available to you if you're in a flood plain or other options or what's the point of adjusting
the maps there? Does that then make you eligible for flood insurance?
Smith: No, I think the adjustments to the maps have reduced the flood plain areas and
so it takes property out of the flood plain area and takes you out of the need to
subscribe to flood insurance requirements.
Anderson: Thank you.
Rountree: Mr. Mayor, I think your last comment answered the question I had for you
Gary, but clarify it. You don't believe additional lands have been incorporated into either
the floodway or the flood plain that the LOMR essentially reduced the amount of land
that's occupied in this areas.
Smith: Yes, correct. The letters of map revision have in all cases that I know of
reduced the flood plain boundaries.
Rountree: I have a question for Steve, he's not paying attention I know, but we're
talking flood plains, floodways here. Has any of this stuff been to P & Z and have you
seen any relief for our new citizen of the community that's having problems with FEMA
as it relates to floodways, Mr. Humphrey? Have you reviewed this with respect to that
situation?
Siddoway: Mr. Mayor and Councilman Rountree, I did some research into the
requirements to revise those floodway maps and they were - the hydraulic engineer
that he was using was doing the calculations that were necessary to determine if he
was in the floodway. The calculations clearly showed that he was in the floodway and
there seems to be no relief in that particular situation.
Rountree: Okay.
Corrie: Any further questions? Okay, Ordinance #838 has been ask for a vote then.
So are you ready for the question, we'll have roll call vote.
ROLL CALL: ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. BIRD, YEA.
MOTION CARRIED: ALL YEAS.
7. ORDINANCE # -- ANNEXATION & ZONING OF 6.15
ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 17
IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE &
FRANKLIN:
Corrie: Council it has been brought to my attention today that we have a problem here
and I would like to have the attorney tell you about it.
Gigray: Mr. Mayor and members of the Council, for your information I received a letter
dated August 12th from JoAnn Butler representing the applicant in this. The issues here
have to do with the development agreement. I've been given some advice with regards
to a request to change the parties that would be in the development agreement. I think
that poses problems with the findings and the prior actions of the Council. There were
some proposals with some changes, and I would request that the City Council consider
a table of this consideration until we get the issues of the development agreement. It's
been the practice of the City to not pass annexation and zoning until the development
agreement has been signed because it's a condition of the zoning designation the
development agreement is required. I think it's going to take us until the next Council
meeting to get this ferreted out. Hopefully we can get it resolved and back in front of
you so you can take action.
Bentley: Mr. Mayor I move we table the annexation and zoning ordinance of
Cobblestone Village until 917/99.
Bird: Second.
Corrie: Motion made and second to table this annexation and zoning request until
September 7, 1999 meeting. Any further discussion? Hearing none, all those in favor
of the motion say aye.
MOTION CARRIED: ALL AYES.
8. DEVELOPMENT AGREEMENT FOR TREMONT SUBDIVISION BY LUNA
VISTA, INC. BROADWAY & 8TH STREET (725 W. 8TH):
Corrie: Mr. Clerk, the development agreement has been signed.
Berg: Mr. Mayor, yes it has been signed.
Corrie: Any further discussion on the development agreement? I'll entertain a motion
on the development for Tremont Subdivision by Luna Vista Inc.
Bentley: Mr. Mayor I move we approve the development agreement for Tremont
Subdivision by Luna Vista, authorize the Mayor to sign and the Clerk to attest to the
resolution.
Anderson: Second.
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 18
Corrie: Motion is made by Mr. Bentley second by Mr. Anderson to approve the
development agreement, the Mayor to sign, the Clerk to attest. Any further discussion?
All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
9. ORDINANCE #839 -- REZONE OF 9.838 ACRES FROM R-8 WITH
CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR
PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.-
BROADWAY & 8TH STREET (725 W. 8TH)
Corrie: This will be Ordinance #839. City Clerk would you please read Ordinance #839
by title only?
Berg: Thank you Mr. Mayor. (ORDINANCE #839 WAS READ BY TITLE ONLY)
Corrie: Is there anyone from the audience who would like Ordinance #839 read in its
entirety? Hearing none, I'll entertain a motion on Ordinance #839.
Bentley: Mr. Mayor I move we approve Ordinance #839 with suspension of rules.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve Ordinance #839
with suspension of rules. Any further discussion? Hearing none.
ROLL CALL: ROUNTREE, AYE. BIRD, YEA. ANDERSON, YEA. BENTLEY, YEA.
MOTION CARRIED: ALL AYES.
10. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION & ZON-ING
OF 4.6 ACRES BY TREASURE VALLEY BAPTIST CHURCH I K. D.
ROOFING-NORTH OF OVERLAND RD, SOUTH OF 1-84 & EAST OF TEARE
AVE: (ATTORNEY TO PREPARE FINDINGS)
11. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND
CONTRACTOR'S BUSINESS BY TREASURE VALLEY BAPTIST CHURCH I K.
D. ROOFING-NORTH OF OVERLAND RD, SOUTH OF 1-84 & EAST OF
TEARE AVE: (ATTORNEY TO PREPARE FINDINGS)
Corrie: As I mentioned earlier tonight item number ten and eleven deal with the same
applicant. If the Council has no objections, the applicant has no objections, and
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 19
anybody in the audience have any objections to putting item number ten and eleven
together on a public hearing.
Gigray: Mr. Mayor point of information and procedure for the Mayor and City Council.
In regards to this matter, I would recommend that for purposes of the record it be
clarified that you'd combining these two items for the purpose of conducting a public
hearing so that people could address the issues to both the annexation and zoning
request and the conditional use permit request. Then my recommendation of the
Council is that you would take action on annexation and zoning request first and that
you delay action on the conditional use permit until there is appropriate action and
passage of an ordinance so that the property in question is subject to the ordinances of
the City of Meridian with regards to item 11. But that it would save time and I think
some of the issues might be compatible if these hearings were combined for purposes
of the record.
Corrie: Okay hearing no objections, I'll open the public hearing on items 1 0 and 11 for
request for annexation and zoning and also request for conditional use permit and invite
staff comments first.
Hawkins-Clark: Mayor and Council I'll deal with the annexation first as far as the staff
report and then just go right into the CUP if that's the way you are going to work it.
There we go. It wasn't your glasses after all. Subject property is here is Overland
Road. Down here it's on the north side of Overland Road. Teare Avenue is located just
to the west. There currently is a request for these five parcels on the other side of the
Nine Mile Drain. That is before the Planning and Zoning Commission for a 300 unit
apartment complex. The Planning and Zoning Commission did recommend approval of
the annexation to you. The City Attorney if I'm correct is waiting for two legals before
formal approval can be done on this. The two legals, this is the one piece as it currently
is. The proposal for the annexation is actually to divide it into two separate legal
parcels. You can see that the north part of the parcel is proposed 3.44 acres, part of
Treasure Valley Baptist Church which would be used for recreational and parking and
other purposes and then the south part of the parcel which fronts on Overland Road is
proposed for K.D. Roofing which is the following item the conditional use permit. The
proposed zone for the north is L-O, which is the same as the church currently is and the
proposed zone for the south is C-G. In terms of staff recommendations, I think the
development agreement is suggested. I would refer to staff comments dated June 17th,
1999. There was testimony submitted by Jay Edmonds which I believe you all have
noting three different issues being trash, weed control and then the waterline not to
impede his irrigation access. Sewer easement would come from the north up here. An
easement should be dedicated to come through this property to the south. Staff to
encourage as far as an entryway corridor, Overland a 35 foot landscape setback.
Here's the site plan moving on to the next item. The conditional use permit this is the
proposed site plan. I would again refer you to the staff comments June 17, 1999. We
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 20
would note that in your files the front page has the appropriate agenda item, but the
recommendations from the attorney show the Capital Christian Center in your file. So I
don't know if that's a mistake. I don't believe we have the recommendation drawn up.
So there is some collation there, but I think that you have in your files the
recommendations for this one, but again the Planning and Zoning Commission has
recommended approval of this site plan noting some of the staff comments which you
have. Currently there is a proposed 30 foot gravel surface easement and I would as
staff invite the applicant to present the reason for that. I think it could potentially - the
ordinance requires paving for any drives or parking areas which this apparently is not.
On the other hand as far as maintenance and dust abatement and those kinds of things,
I think we would at least like to see some kind of requirement put on that for maybe sod
or lawn or at least some kind of a dust abatement measure put on that. The gravel
surface over here is slatted. There's currently a residence on this side. This site would
provide a screen there. But another item for your consideration. The only change in
your packets is the landscape berm. I believe that there is a proposed change on this
35 foot berm here. So I think that concludes the staff.
Corrie: Okay. Is the applicant here?
Aldridge: Mr. Mayor and members of the Council, Bob Aldridge the attorney for the
applicant. In no particular order do we respond to the things that staff has brought up.
We work with them. We're in full agreement with all the terms and conditions that have
been put forth. The 30 foot area on the right hand side is going to be in fact paved.
That's an eventual future easement out for church overilow on Sundays only. But that
will be when that entire back area turns into parking versus the recreational use, which
is I assume a number of years down the road and would have to be brought back for
additional conditions at that time in any event, but that's the reason for keeping right
hand side free is to have that eventual use. In addition to that, staff had requested that
we give easements out if necessary to the adjoining property to the east during
construction. And again that would require along that side having a way for them to be
able to come out and into the parking area and the out through. There's only one
allowed cut in that whole area. It's approximately 1 00 feet from the east end, 200 feet
from the other end. It will line up with the road across the way and so that's the only at
least until some new road section is in the adjoining property. This cut out would be the
only way the adjoining property could use for easement for construction purposes and
we're perfectly willing to let them have that. The property I think is going to be pretty
low density compared to the other usage in the area. You heard about the 300 units
down the road a bit. It's going to put a lot more traffic out. The property between us
and that has sold to my understanding going to be a KOA campground and storage
units at least proposed and Mr. Edmond's property is up for sale. So all of this is rapidly
changing and going to be commercial. Other than that I think we're pretty light use.
We're willing and able to do all the things in the staff so we don't have anything we need
changed. We'd just like to request that all of this be approved and we proceed. It is my
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 21
understanding by the way that the legals have been turned in with the - I don't know if
they've gotten to the city attorney yet.
Corrie: That's the question. Okay is there anyone else from the public who would like
to issue testimony on item 10 and 11, the annexation or the conditional use permit?
Gigray: Mr. Mayor and members of the Council, just a point of clarification and also a
reference in the record was that there was not a recommendation from the Planning and
Zoning Commission. I have one in my file. I have a transmittal letter of July 19th of
those recommendations, and I want to make sure that those have been received.
Corrie: What's the date?
Gigray: The transmittal letter was the 19th of July.
Corrie: Yes, I have that. Do you?
Gigray: Then it would look like this? Of course that looks like the rest of them from a
distance. I just wonder if the wrong ones were stapled on the cover sheet which can
happen.
Bird: I got the next item on mine.
Rountree: Is that conditions for the annexation or the conditional use permit?
Gigray: Conditional use permit and I also have the ones for the annexation. Wasn't it
the conditional use permit that was confused?
Bird: We don't have either one.
Corrie: I have both of them.
Bird: You have both of them?
Corrie: Yeah.
Bird: How come you got a different packet than we got?
Corrie: I can't answer your question. The City Clerk might be able to.
Gigray: For purposes of the record and of course with agreement of Councilor anyone
representing other parties, for the purpose of this hearing you're welcome to use mine.
(
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 22
Corrie: You can use mine too.
Berg: Mr. Mayor, this was a continued public hearing. I'm sure they are in your
previous packet that you continued it from July 20th.
Bentley: That was a long time ago.
Berg: Well you tabled it for a month and they were attached to that item and we did not
reproduce it. I hope you have it somewhere.
(Inaudible)
Corrie: Again I'll ask anyone from the public who want to testify at this point. Council
do you have any questions of the applicant or the staff?
Bentley: I have a question of staff and where is Gary? You should know better than to
walk out. Gary on this project, is there any problems with sewer or water capacity or
anything?
Smith: No, sir.
Bentley: Okay thank you. That's alii have.
Rountree: I have a question for the applicant, and I'm a little confused and maybe you
will want to use the overhead to explain this to me. The site plan indicates a curb cut or
in this case access point pretty much mid lot.
Aldridge: Actually it's 200 feet from the west line, 100 feet from the east line. It's an
existing curb cut that's there.
Rountree: It's an existing access point. Now explain to me again what's going to
happen on what would be the east side.
Aldridge: Yes, we will have an easement agreement with K.D. Roofing allowing us to
have ingress and egress for overflow parking on limited - the current idea is to Sundays
only and only for overflow when that back three acres turns into eventually to parking or
something similar. They would have the ability to exit out from that. That would ease
the burden on Teare Avenue. Because right now everything channels out through
Teare which is not a large street and this would spread it a little bit.
Rountree: So what's you're proposing is that there would be access from the current
point of access or roughly 100 feet from the east border of the property through their
parking lot and then down the east side of that parcel into the church parceL
{
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 23
Aldridge: Yes that also allows some fire things that need to be done as well. They'll
access through that.
Rountree: I have got to tell you from my point of view, that's not a good idea.
Bentley: Mr. Mayor if I could. Could you go over it so the people in the audience can
see what you're referring to there and point it out.
Aldridge: (Inaudible - off the microphone). And the concept is that it would be limited to
days that it could happen. It's not intended to be a full time access of any sort. Quite
frankly it's one of the reason for some of that offset is to make it a slower process to go
through so it doesn't become more convenient than coming out the main entrance, but
we felt that that was actually a better solution to eventual traffic problems on to
Overland than the existing because they can backed up coming out because everybody
comes out the same time. It's a very limited time it's backed up but when it's backed
up, it slows down considerably. We reviewed that with staff who had as I understand
had no problems with that.
Bird: Run that by me again. How are you going to get out and come down the east
side?
(Inaudible)
Bird: Yeah, but they don't own the property. Have you got an easement?
Aldridge: We're selling this front property to K.D. Roofing.
Bird: Yeah but you both have got the same width. So they're coming here, so they're
going to give you a 20 foot easement down here to get into their stuff?
Aldridge: (Inaudible)
Bird: They're giving you that big of an easement from the property line over, 30 foot
easement that you're going to maintain with gravel surface?
Aldridge: No, we're going to pave it. Pave it initially that's much better usage of it.
Bird: I see no problem with it, but I just was trying to figure it out. I didn't read that 30
foot easement. Okay.
Corrie: Any further questions?
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 24
Bird: I have none.
Corrie: Thank you. Any questions? 1'1( entertain a motion to close the public hearing.
Bird: Mr. Mayor I move we close the public hearings on the request for annexation of
4.6 acres for Treasure Valley Baptist Church, K.D. Roofing north of Overland Road,
south of 1-84 and east of Teare Avenue and also to close the continued pubic hearing
request for conditional use permit for church parking, recreational use, and contractors'
business by Treasure Valley Baptist Church and K.D. Roofing, north of Overland Road,
south of 1-84 and east of Teare Avenue.
Corrie: Do I hear a second?
Bentley: Second.
Corrie: Motion is made and second to close the public hearing on items 1 0 and 11.
Any further discussion? All those in favor of the motion say aye.
Rountree: Mr. Mayor could I have that motion repeated? I have not vote yet.
Corrie: All right, Mr. Bird do you want to do it again?
Bird: Mr. Mayor, I move that we close the public hearing of the request for annexation
and zoning of 4.6 acres by Treasure Valley Baptist Church I K.D. Roofing, north of
Overland Road, south of 1-84 and east of Teare Avenue and also the continued public
hearing request for conditional use permit for church parking, recreational uses and
contractors' business by Treasure Valley Baptist Church I K.D. Roofing, north of
Overland Road, south of 1-84 and east of Teare Avenue.
Corrie: That was the motion and second. Any further discussion?
Bird: The third time it will cost you if I have to repeat it.
Corrie: All we are doing is closing the public hearing. Any further discussion? Hearing
none} all those in favor of closing the public hearing on items 1 0 and 11, say aye.
MOTION CARRIED: ALL AYES.
Corrie: Okay now I'll entertain a motion to Findings of Fact and Conclusions of Law on
the approval of the request for annexation and zoning for Findings of Fact and
Conclusions of Law and the appropriate ordinance and development agreement.
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 25
Rountree: Mr. Mayor I move that we have City Attorney prepare Findings of Fact and
Conclusions of Law, Decision and Order related to the annexation and zoning of
Treasure Valley Baptist Church. Findings of Fact and Conclusions of Law should
include the conditions of staff, conditions of Planning and Zoning, and should further
reflect that a cross connection or a cross circulation of traffic between these lots would
not be allowed.
Anderson: I'll second that.
Corrie: Motion made by Mr. Rountree and second by Mr. Anderson the motion as
presented by Mr. Rountree. Any further discussion?
Bird: Yeah, Mr. Mayor. Does this include the K.D. Roofing too? You didn't include K.D.
Roofing.
Rountree: This is just annexation and zoning.
Bird: It's for the two of them, and I understand with the annexation and stuff what your
motion says is that we don't allow that 30 foot easement. Is that right?
Rountree: If I understand the item correctly, it's annexation and zoning for 4.6 acres,
which includes both the Treasure Valley Baptist and K.D. Roofing.
Bird: Yeah and your motion did not say K.D. Roofing.
Rountree: No, I didn't indicate K.D. Roofing.
Bird: But you are including that?
Rountree: It includes it in item number 10 yes.
Bird: And you also are not allowing the 30 foot right-of-way for relief on to Overland with
your motion?
Rountree: That's the intent of my motion.
Bird: Okay.
Corrie: Any other discussion? All those in favor of the motion say aye.
MOTION CARRIED: 3 AYES, 1 NAY.
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 26
Corrie: Okay, I'll entertain a motion now to hold the action for the request for conditional
use permit for the church parking until the appropriate Findings of Fact and Conclusions
of Law have been presented to the Council next meeting.
Bentley: Mr. Mayor I move we table the request for conditional use permit until the next
Council meeting of 9/7.
Corrie: Is there a second to that motion?
Bird: I'll second it.
Corrie: Motion made and second that we table item number 11 request for conditional
use permit until we get the Findings of Fact and Conclusions of Law on the annexation
and zoning. Any further discussion?
Rountree: Mr. Mayor, I believe we could have Findings of Fact and Conclusions of Law
and Decision and Order and just hold the Decision and Order and recommendation and
decision on the conditional use permit.
Corrie: You could.
Bird: Don't we have to have the development agreement first Charlie too before we can
pass on this? That would be included with the Findings and Facts. Right?
Rountree: Yeah. It saves the applicant some time.
Bird: Yeah so that has to be on the agenda before item 11 is.
Bentley: I would amend my motion to reflect that.
Bird: I'll second it.
Corrie: Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Bentley: Mr. Mayor I move we take a ten minute break.
Bird: I'll second that.
Corrie: We'll be back at ten minutes after 8:00.
(TEN MINUTE RECESS TAKEN)
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 27
12. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR USE
OF EXISTING BUILDING FOR A PRIVATE SCHOOL-BY CAPITAL
CHRISTIAN CENTER-NORTH OF FAIRVIEW & WEST OF EAGLE ROAD:
(ATTORNEY TO PREPARE FINDINGS)
Corrie: At this time I will open the public hearing and invite staff comments first.
Siddoway: Mr. Mayor and members of the Council, this application is for the Capital
Christian Center. They are proposing to do a private school at the existing site. The
site is located north of Fairview along Hickory Way about a quarter mile west of Eagle
Road. You have a copy of the recommendations from the Planning and Zoning
Commission in your packets dated August 16th. We would refer you to that. The major
issues discussed that night including complying with all uniform building and fire codes,
payment of any additional water and sewer assessments, fencing and buffering issues
to adjacent neighborhoods, prohibiting parking on unpaved areas, and signage would
need to be approved through a separate permit. This shows the configuration of the
existing site. This would be Fairview down here. ThereJs a lawn area down in front.
The existing building is here with the parking open fields. The baseball field is currently
used by the Little League and an amphitheater. That is all the staff comments.
Corrie: Okay. Is the applicant here this evening?
Reams: Mr. Mayor and Council members, my name is Randy Reams. I am an
employee of Capital Christian Center as facilities manager and administrator. Capital
Christian Center being located at 2760 E. Fairview, Meridian. What we are simply
requesting is a conditional use permit to basically it changes the zoning of our building.
We want to use the building as is existing after which we've already received bids to
bring it up to fire code and take that and use it in the first few years for those elementary
age school, probably kindergarten, first grade, second grade and as the kids grow into
their ages, each year you would add a grade as time goes on. As far as impact on the
area, you know we don't expect to see 100 kids in the first few years because that's the
way schooling goes and we put on a weekend we put 1400 people in and out of our
facilities on a weekend. So the impact as far as traffic or getting back to the area, I
donJt think it would change anything. As far as the things that staff had mentioned,
signage, we really don't have any at this point. We're in the process of having those
drawings and we realize they have to go through P & Z. Parking and unpaved areas,
that's a concern I believe by Planning and Zoning particularly Shari Stiles because we
had the baseball field you see back there - (inaudible) no charge to the Northwest Little
League and for a while there parents and kids would park in that empty field you see
just north of the baseball field and so we built some berms there to stop parents from
parking there in the field and stuff at ball games and I think that was Shari's concern
mostly. As far as fencing goes, I'm not for sure what else we talked about that in the
Planning and Zoning meeting. There's fencing on the last I'd say quarter maybe third of
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 28
the back northwest corner, back by the baseball field. There's fencing there and for the
rest of the way, a berm a landscape berm that sort of buffers between us and the
neighbors behind us. It's a pretty simple straight forward thing. We just want to use the
building that we're in to be able to have a school.
Corrie: Okay, thank you. Is there anyone else from the pubic who would like to issue
testimony in the request for conditional use permit? Council any questions of the
applicant or staff for the record? Okay, I'll entertain a motion to close the public hearing
on item number 12.
Rountree: So moved.
Bird: Second.
Corrie: Motion made and second to close the public hearing on item number 12. Any
further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: Any further discussion? If none, I'll entertain a motion for Findings of Fact and
Conclusions of Law and the appropriate order.
Rountree: Mr. Mayor, I move that we have city attorney prepare Findings of Fact and
Conclusions of Law and Decision and Order and incorporate staff comments, the
Planning and Zoning comments, and to reflect favorably on the request for conditional
use permit for private school.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the request for
conditional use permit including the staff reports and a favorable recommendation in the
Findings of Fact and Conclusions of Law. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
13. PUBLIC HEARING: REQUEST FOR VARIANCE FOR TIME EXTENSION FOR
FINAL PLAT OF PACKARD NO.1, PHASE 2 BY TEALEY'S LAND
SURVEYING - NORTH OF FAIRVIEW AND WEST OF EAGLE ROAD:
(ATTORNEY TO PREPARE FINDINGS)
Corrie: At this time I will open the public hearing and invite staff comments first.
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 29
Hawkins-Clark: The only staff comment on this is the overhead shows the boundaries
of the subdivision that is requested by the applicant to have an extension of the
submission of the final plat. You mayor may not have the names of these subdivisions
down better than I, but Packard 2 was at one point referred to Packard 1, phase 2. My
understanding is that this is now Packard No.2 and up here to the northwest is now
called Packard Acres. But the current request before you for a time extension is for this
phase here to connect. Again the future elementary school is located right up here with
the proposed access up through Packard to that. There have been meetings between
staff and the applicant including Public Works and Planning and Zoning where it was
discussed and the staff was supportive of that at that time to approve the extension. I
was unfortunately not at that meeting. Shari Stiles was there. The applicant could best
say if there was a time frame that was talked about. I leave that up to the applicant to
talk about.
Corrie: The applicant would like to -
Tealey: Mr. Mayor and members of the Council, my name is Pat Tealey, and I'm
representing the developer for this project. Mr. Wirt Edmonds and Mr. Craig Groves.
This project has been approved in its form and final plat last year, but because of
ownership problems it could proceed forward in a timely manner. Those ownership
problems have now been solved and Mr. Craig Groves is the partner with Mr. Edmonds
now, and Mr. Sigmont is no longer part of this project. We feel we have a good project
for the City of Meridian. It's been approved in the past. We are asking for your variance
for this time extension. The sewer and water plans are approved for this thing and
ready for construction. The final plat has been approved, and the road plans have been
approved by ACHD. If we were to assume that we were to get your okay tonight, and
we would be able to proceed with this thing in a very timely manner such that we would
be able to get a preconstruction meeting as soon as possible. All the pieces are in
place for this thing to start now. All the approvals - they have been reapproved by the
City of Meridian and reapproved by the Ada County Highway District. As stated by staff
this is one of the piece in a jigsaw puzzle for phases for these two parcels of ground that
we're initially called Packard Subdivision No. 1 and then divided into phases and then to
the north was Packard Subdivision No.2 divided into phases. Because of problems
with the County Engineer and the naming of plats, we've decided to try to separate
them now so that Packard Acres will be to the north and Packard Subdivision No.1, 2,
3, and 4 will be on the south 40 acres there. We also have in for approval to the City of
Meridian, Packard Subdivision No.3, which is an extension of No.2 that will take the
access and utilities over to the new school site which wants to start this October. It is
very important for us to get into the ground. We have agreements with the School
District that will be in place assuming this approval that will extend the utilities and the
access to the school site. They need to be under construction by October and which I
guess would lead us to the fact that we have to start immediately to get their utilities in
the ground so they can start construction. We also have in for approval Packard Acres
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 30
No. 1 which is directly north of the Packard Subdivision No.2 in order to keep out time
approvals going on that preliminary plat. So there will be a lot of action out here shortly.
Ownership was a problem in the past. It got to an impasse where the people just
couldn't work together and we apologize to the City of Meridian for not doing this in a
timely manner, but it was something that was out of our control. (End of Tape)
Bentley: Yes, I received a couple of phone calls over the high weeds along Wingate,
and the problems with the property over there.
Tealey: Were there specific problems?
Bentley: Yeah, they don't appreciate the weed seeds blowing over into their-
Tealey: We've cut the weeds once this year, and I just got a call Mr. Belmont from the
Fire Department today, and those weeds will be cut again this year. I'm sure if you talk
to Mr. Edmonds or Mr. Groves who are here, if you want them cut this week, they'll be
cut this week.
Bentley: Weill think they need to take care of it besides a fire hazard, it's unsightly to
the neighbors there, and they've got their houses there and they're not too fond of the
weeds that have been blowing over into their yards. We've been receiving calls on
them.
Tealey: I believe I was at the Planning and Zoning Department when you received one
of those calls. I believe when you called the Planning and Zoning Department to say
something about you know that there was evidently construction happening out there
that wasn't in the platted areas and something about fences, and I believe the person
from the planning department went out there immediately and none of that was true.
Bentley: Weill think there's been some confusion over the renaming and the -
Tealey: There may well have been, and we'll get out there - excuse me, not me, I won't
cut the weeds, but Mr. Edmonds or Mr. Groves, the owners will cut the weeds.
Rountree: I want to see that.
Bentley: Thank you.
Corrie: Any other questions at this time? Okay, thank you. Is there anyone else from
the public who would like to issue testimony in this request for a variance?
Alleman: My name is Vern Alleman. My address 2101 E. Ustick, Meridian. I have a
question. How can they change it when they already got a plat I think a preliminary plat
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 31
for Packard Subdivision NO.2 and change it now at this point to another deal without
some public hearing and so forth? To me there is confusion on this because of the way
they have got Packard Subdivision NO.2 as you see drawn there and yet to the north of
that is the old Packard No.2, which is as far as I'm concerned is still in existence, and
their legal description that they show on this for this variance is actually the legal
description for Packard NO.2 as I know it. Now how can they change this without public
input or public knowledge from one subdivision without any notice or we never knew
what was going on in that respect. To me I think it has to be some public comment and
period to comment and so forth if they're going to change the name of the subdivision.
My concern is that I was under the impression when they said Packard Subdivision No.
2, that's the one that I know of is north of there. And the legal description was for
Packard No.2, which is north of there which is on this application and to me that is
wrong. If they're applying for - to me they should have had it as the southeast quarter
of that section instead of the northwest. So it could easily be confused to be the old
Packard No. 2 asking for a variance and I would welcome any comment as to how they
can change this without -
Bird: Could you please show us on the map what you're talking about where the old
Packard No. 2 was?
Alleman: Okay this is the old Packard NO.2.
Bird: And the legal description they got on this application is for that area up there?
Alleman: For this right here, yes. This is over here is in the north - this is in the
southeast section right here. This is in the northwest most of it is in the northwest
section.
Bird: And they're saying Packard Subdivision No.2 is the one with the arrow pointed to
it, and that's where they're asking for the variance. But the legal description is actually
north of that.
Alleman: The legal description that they put on their application is for this old Packard
NO.2 that they're calling. Packard Subdivision NO.2.
Corrie: All right we'll see if we can get your questions - Steve, can you
Siddoway: Yes Mr. Mayor and Council, I believe I can shed some light on this. The
actual legal description that's in the packet correctly describes it as the northwest
quarter of the southeast quarter of section five. The error that I believe is being referred
is on the application form where it simply says the northwest quarter of section five.
They inadvertently eliminated the southeast quarter. The northwest quarter of section
five is where the old original Packard No. 2 is. The application that you have before you
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 32
tonight is in the northwest quarter of the southeast quarter of section five as shown in
the legal description, so that's the reason for confusion. It's just noted incorrectly on the
application form.
Bird: It has been corrected on the application form?
Siddoway: It is not corrected on the application form. It is in correct on the application
form, but it is correct on the legal description, which is attached. From Tealey's Land
Surveying dated September 15th, it says description for Packard property annexation
parcel. That legal description is correct for the subdivision that's before you tonight.
Corrie: Is there anyone else from the public who would like to issue testimony on item
number 13? Yes, sir.
Sharp: I'm Dale Sharp, 2445 Wingate Lane. I had a lot of confusion on this and I told
Mr. Bentley on this and for some reason there was some indication that building was
being illegally done on these and that was not - we talked about it later, and it was not
but there is confusion here because the subdivision no. 1 is all that section south of the
lateral there originally and subdivision no. 2 would be on the Borup's property just north
and then across Wingate Lane which Wingate Lane is a private road there and that is a
concern too because these weeds we are being unduly impacted by all these weeds
that are blowing dry weeds and blowing over on to my property down the Nampa
Meridian Irrigation District road which is on my property, getting into my ditches and
going down and it's a good thing I was there to - or I probably wouldn't have even got
mail service because there's so many weeds that was coming from that Packard
Subdivision No. 1 and so that's why we've been pushing for a fence to give us a buffer
along Wingate Lane there which is suppose to be put up there anyway. And I don't
know we just don't go ahead and do that. You've already put in sewer across there into
Packard Subdivision No.2 so I don't know why we can't put a chain link fence along
Wingate Lane there and give us a little buffer there from not only the weeds but the
debris and so forth from the development. So that would show a little bit of commitment
from the developers that they're trying to protect the neighbors.
Corrie: Okay thank you, sir. Anyone else from the public who would like to issue
testimony?
Sharp: Gentlemen, Helen Sharp 2445 Wingate Lane. I'm glad to see that they're finally
getting some continuity and they will be able to start developing. This has been going
on for a long time. And with the weed etc and the traffic now going on the south of our
property, I'm sure it's going to get even worse and hoping they'll address this. My
biggest concern is who enforces once these things are granted? And here again we
ask questions and we don't seem to get answers. Like I say we're going to do this,
we're going to do that. You have to do this, you have to do that and we're saying okay
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 33
what is that they have to do and who is going to enforce that they do that? I mean for
those of us who've been involved in this for several years, it's getting a little bit
redundant and repetitive and a pain in the neck, and I would like to see that someone
takes a hold of it and makes sure that things are enforced the way they are supposed to
be. Thank you.
Corrie: Thank you Mrs. Sharp. Anyone else from the public? Yes, sir.
Alleman: In regards to the weeds, there has not been any mowing or anything done
since the time that they worked on the sewer. And if they have, I would like to have
them show me what they did and who done it. Because there's not any indication and I
live right there and I can see it everyday so I can see no signs of anything being done
with the weeds.
Corrie: Is there anyone else from the public who would like to issue testimony that
hasn't already?
Groves: Mayor, Council, my name is Craig Groves. I apologize for the informal
business attire here. We had some eight year olds and six year old soccer players that
took priority this evening. I wanted to go on record and let you know that it's both my
desire and Mr. Edmond's desire to be good neighbors with Mr. Alleman and Mr. and
Mrs. Sharp. We'll make our efforts to meet with them and work out all these issues in a
professional manner. I want to publicly apologize to them for any of the problems that
they've experienced in the past and to go on record to assure them that we'll work with
them professionally to take care of the weeds, take care of the fencing issue. As it was
stated earlier, we're planning on moving forward with the Packard Acres. When that
project comes to reality, Mr. and Mrs. Sharp's fencing issue will be resolved at that
point.
Corrie: Okay are you going to put up the chain link fence as well?
Groves: We'll have to review the conditions for that, but whatever the conditions that
were in the original project, we'll take care of.
Bird: Mr. Groves, was it because of the change in ownership that this variance is being
asked for?
Groves: Yeah.
Bird: It had time to get it taken care of and it was just the change in ownership?
Groves: Yes, sir.
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 34
Bird: Okay thanks.
Corrie: Those are your special circumstances that you're asking for?
Groves: Yes, sir.
Corrie: Thank you. Mr. Tealey, you get the last hurrah.
Tealey: In the conditions of approval for the Packard Acres, which is in the northern
portion of this subdivision, those names have been changed at the request of the
County Engineer. We're not trying to confuse anybody. We're trying to maybe
eliminate some confusion by at least getting a different name in there rather than just a
numeral. The County Engineer requires that we have a different name for those
subdivision. We can't call them phases. He won't allow that. In the conditions of
approval for Packard Acres which is adjacent to the Sharp's property, we submitted a
fencing exhibit and as part of the package that the staff has and in those conditions
when we build that phase of the subdivision which will be one of the phases that we just
submitted to the City for approval final plat approval. We will be building fences that
they are concerned about. And there's a specific fence type called out for that portion of
their property and I don't recall what it is, but it's on that exhibit and is part of the
planning staffs package and the City will ensure that we do this. If we don't do it, they
will deny occupancy permits, I mean it doesn't do us any good not to build a fence and
that's really pretty small item when it comes down to it and again in talking with Mr.
Edmonds, if the City needed to see a receipt for when we mowed the weeds there this
year, he'll bring it over to you. We will again he will be out there in the very near future
to mow the weeds that are there now.
Corrie: Any other questions? Any other questions of staff Council? Mr. Bentley?
Bentley: I'm just wondering if we had an extension on this in the past?
Rountree: This would be their first one.
Bird: We had one a year ago, but I don't know if it was on this particular thing, but we
had another one in August a year ago. I don't know if it's for the same one.
Hawkins-Clark: My understanding is that Packard No. 1 which would encompass that
complete section there two other phases that aren't shown. City Council gave approval
for all phases in August of '95. Then you approved the final plat for number one in July
of '96. You did give a one year extension to record the final plat for that first phase
which is under construction and you gave that approval for a one year extension in '97.
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 35
Bird: We had an extension on this same development last August at one time. I might
be off a month or two, but it was -
Hawkins-Clark: For the current Packard Subdivision No.2 as was pointed up there?
Bird: Maybe he can clear me up.
Tealey: That was for the third phase of Packard.
Bird: That was the third phase?
Tealey: Yes.
Bird: I knew it was one of them. I don't know. That's what I'm saying. We did have an
extension. I was just wondering if this last August I believe it was that we had an
extension for one phase, and I couldn't remember which phase it was.
Tealey: It was for the third phase of this -
Bird: Of this existing thing.
Tealey: Yes.
Bird: It's not phase two there.
Tealey: The odd thing about it is that we were in conformance through the time
extension for phase number three. In our submittal for phase number three now we're
in conformance with phase number three, but phase two has fallen out of conformance
because of this change in ownership. So there's this break in the continuity of this thing
so we got to get back and like I say, aside from selecting a contractor, we're ready to go
to work on phase number two right now and phase number three.
Bird: I just wanted to get it clear that whether this one was the same one that we had
given a year's extension on last August. Okay thank you.
Corrie: Any other questions for staff? Okay, I'll entertain a motion to close the public
hearing on item number 13.
Bird: So moved.
Rountree: Second.
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 36
Corrie: Motion made and second to close the public hearing on item 13. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: Okay I'll entertain a motion on the request for variance for time extension.
Rountree: Mr. Mayor I move that we grant a one time one year extension for what is
now being called Packard Subdivision No.2.
Bird: Findings?
Rountree: And the City Attorney prepare Findings of Fact and Conclusions of Law and
Decision and Resolution to reflect that approval.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the request for
variance time extension for one year for Packard Subdivision which is now No.2 and
order the City Attorney to draw up the Findings of Fact and Conclusions of Law and the
proper order on the acceptance. Any further discussion? Hearing none, all those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES.
14. PUBLIC HEARI.NG: REQUEST FOR VARIANCE FOR PRESSURIZED
IRRIGATION IN MAWS NO.3 SUBDIVISION BY TEALEY'S LAND SURVEYING
- NORTH OF PINE AND WEST OF ADKINS AVENUE: (ATTORNEY TO
PREPARE FINDINGS)
Corrie: At this time I will open the public hearing and hear from the staff on this request
for variance.
Siddoway: Mr. Mayor and members of the Council, Maws No.3 Subdivision is located
here near the intersection of Pine and Locust Grove. The existing phases of Maws
addition numbers one and two are adjacent to it right here. Maws No 3 is this linear row
of lots right here. It's adjacent to Danbury Fair Subdivision, and the applicant tonight is
for a variance to the requirement for pressurized irrigation. Condition 2.20 of the
approved preliminary plat states that City Council will have to review a variance request
to this requirement to provide pressurized irrigation so this application before you
tonight is in response to that condition. The condition further states that the applicant
shall investigate the feasibility of hooking up pressurized irrigation to Danbury Fair
Subdivision's irrigation system. I believe the applicant is prepared to show that they
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MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 37
have contacted them regarding that and we would request that that evidence be
submitted tonight. Staff feels strongly that a pressurized irrigation system should be
provided to Maws No.3 if at all feasible by hooking up to Danbury Fair or through
repurchasing the water rights that originally belonged to the parcel. However if the
Council agrees to grant the variance tonight, the applicant should be required to pay
well development fees. That's our recommendation.
Corrie: Okay, since we have the public hearing open is the applicant here tonight?
Pavlick: Mr. Mayor and Council, my name is Richard Pavlick with Tealey's Land
Surveying. My office is at 915 W. Jefferson in Boise. This variance was in response to
the single condition that is an obstacle for Maws No.3 proceeding and I think there's
previous testimony that has been given in relationship to the sequence of events that
have lead to where we are on this subdivision that makes it impossible for us to provide
pressurized irrigation. Previous ordinances granted the option or gave the option to
developers to in fact provide the option of either providing pressurized irrigation or
paying well development fees in lieu of that pressurized irrigation system. That was in
1993, I think we've gone through that discussion and shown that well development fees
had been paid for the two previous phases. We've been asked to give proof of making
an inquiry as to whether or not it is feasible to in fact get cannel water to this piece of
property. Mr. Gregory who is in fact here who is one of the partners in the development
made an inquiry to Nampa Meridian Irrigation District and received a letter back from
them stating that it's not available at this time given the limitations of the existing
structure. They did go on to say that if an LID including the full Danbury Subdivision
were conducted that there would be a possibility. However the likelihood of an LID
being approved for increasing the capacity of a pump and the system provide for these
seven lots is just not feasible. I'd like to present for your review the letter that we've
received. I think to us in terms of reviewing this is unattainable in terms of being able to
achieve that improvement and we would agree to follow through on the original
conditions of approval of the preliminary plat of Maws and that be that well development
fees be paid to the City of Meridian for this phase as it was paid for the two previous
phases. If there's any questions, I'd be happy to answer them or if there's anything that
Mr. Gregory can address, he would be happy to address questions.
Corrie: Any questions at this time?
Bird: That letter is for records of the public hearing? I have none.
Corrie: Is there anyone else from the public who would like to testify? Mr. Gregory is
he here, does he want to say anything? Do you want to say anything? You don't have
to. It's up to you.
Gregory: Steve Gregory, 1202 Sandy Court, Meridian. I did talk with the President of
the Danbury Fair Homeowners Association about hooking on to the pressurized
irrigation system. He didn't feel that they had enough capacity with their current system
to allow any other lots to be hooked on other than what they already had set up with
their current system. Is there any other questions?
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MERIDIAN CITY COUNCIL MEETING
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Corrie: Addition number one and number two doesn't have pressurized irrigation
system now because of the well fees?
Gregory: No, sir, I paid the well development fees on one and two and I vacated the
water rights for the entire parcel all at one time. I didn't realize in '92 or '93, I vacated
the water rights for the entire parcel all at once because that was the legal thing to do at
that time and paid the well development fees and I didn't realize that things would
change.
Corrie: Okay, any questions?
Bird: I have none.
Corrie: Anyone else from the public who would like to issue testimony on item number
14? Hearing none, Council any questions of staff? Hearing none, 1'(1 entertain a motion
to close the public hearing on item number 14.
Rountree: So moved.
Bird: Second.
Corrie: Motion made and second to close the public hearing on item number 14 request
for variance for pressurized irrigation in Maws No.3 Subdivision. Any further
discussion? Hearing none, all those in favor say aye.
MOTION CARRIED: ALL AYES.
Corrie: Any further discussion? Hearing none, I'll entertain a motion on the request for
variance on item number 14.
Rountree: Mr. Mayor I move that we have the City Attorney prepare Findings of Fact
and Conclusions of Law on the variance for pressurized irrigation for Maws Sub. No.3
and to reflect the efforts of the applicant to coordinate with the adjacent subdivision,
Nampa Meridian Irrigation District, their inability to find a resolution of pressurized
irrigation system in question and that the finding also reflect that the applicant will be
subject to well development fee established by the Meridian Water Department.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird on the request for variance as
stated in the motion. Any further discussion?
Anderson: Mr. Mayor I would just like to go on record I guess as fundamentally as
being opposed to that option having living in a subdivision that these well development
fees were substituted in lieu of putting in a pressurized irrigation system. Once it's done
like that, the homeowners that live there are stuck with that the rest of the time and I
think it's just a poor option. I think they have been offered an option of creating an LID
and increasing the pump capacity in this particular subdivision, and it would be my
preference that they pursue that.
Corrie: Okay, any further discussion? Hearing none -
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MERIDIAN CITY COUNCIL MEETING
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PAGE 39
Rountree: Do you want my motion amended or reflect that, I don't have a problem with
that either.
Anderson: (Inaudible)
Corrie: Do you want to change your motion Mr. Rountree?
Rountree: I let it stand as is and see how it floats.
Corrie: All right, motion is on the floor by Mr. Rountree second by Mr. Bird. Any further
discussion? All in favor of the original motion say aye.
MOTION CARRIED: 2 AYES, 2 NAYS.
Corrie: Thanks a lot. I don't think you pay the Mayor enough. Okay, I'm going to vote
yes in this case on the original motion.
MOTION CARRIED: 3 AYES, 2 NAYS. (MAYOR TIE BREAKER)
15. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.0
ACRES OF LAND FOR OFFICE USE (I-L ZONING) FOR JACKSON'S FOOD
STORES-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD:
(ATTORNEY TO PREPARE FINDINGS)
16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PUD
TO ALLOW OFFICE BUILDING CONSTRUCTION ON ADJOINING SITE FOR
JACKSON'S FOOD STORES-NORTH OF FRANKLIN ROAD & EAST OF
EAGLE ROAD: (ATTORNEY TO PREPARE FINDINGS)
Corrie: Again we're trying to see if we can't combine the two. If we have any objections
by the City Council, the applicant or any of the persons who might be testifying in this.
Does anyone have any objections to doing 15 and 16 public hearing open for both of
them? All right, ('II open the public hearing on items 15 and 16 and invite staff
comments first.
Hawkins-Clark: Again dealing with the annexation first, this commercial commerce park
subdivision bounded by Eagle Road on the west. Albertson's is currently here. The two
pieces that are adjacent to Eagle Road in this subdivision here and to the south are
both still in the county. This piece that is cross (inaudible) there is the two acre parcel
and currently has I believe a Sherwin Williams facility warehouse on the front of that
piece. The back north part of it is currently vacant, so the request for annexation is for
the entire piece. Staff feels it's a good opportunity to get these in fill, enclave county
pieces in, and this commerce park still has two or three - actually this piece here is also
in the county, so it's a good step forward. City services are already stubbed there.
They just need to extend them out. There has been no development agreement
requested on this piece; is that correct Bill to your understanding? As I was looking
through this -
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MERIDIAN CITY COUNCIL MEETING
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PAGE 40
Gigray: Mr. Mayor and members of the Council, Brad as I see the recommendations to
the City Council, I thought an appropriate question of staff was whether or not the
requested conditions could be enforced by just simply the enforcement of city
ordinances, therefore not being necessary that there be a development agreement with
this application.
Hawkins-Clark: Okay. The I-L, the light industrial zoning, is requested. The ordinance
does require some warehousing to be combined in order to really qualify for a light
industrial zone. You cannot just have office space. In this case it is predominantly an
office building that they are proposing, however, staff feel that with the proposed 2 to
3,000 square feet of warehouse again here's the Sherwin Williams. With the combined
office warehouse space, it well qualifies for the light industrial. We'd like to see that as
a permanent condition as far as the use in order to stay as a conforming use. This
would make this entire piece technically a planned unit development, which is the
conditional use item you have next, because of the two buildings on a single lot. Ten
percent open space which in this case is the majority of the landscaping is met that
requirement for planned unit development. The ditch which is in the Settlers Irrigation
District back here on this north side is to my understanding I think the applicant said this
evening not within the boundaries of their subdivision. That tiling issue will be left up to
Mr. Van Auker I believe. That is the staff's comments. Thanks.
Corrie: This is a public hearing, is the applicant here tonight?
Benning: Mr. Mayor and members of the Council, I'm Dale Benning Architect for
Jackson's Food Stores, and I would like to answer any questions that you might have
about our application.
Corrie: Okay, any questions? Okay anyone else from the public who would like to
issue testimony on item number 15 and 16? Okay, hearing none, Council do you have
any questions of staff? Any other questions? Hearing none, I'll entertain a motion to
close the public hearing on item number 15 and 16.
Bird: So moved.
Bentley: Second.
Corrie: Motion made and second to close the public hearing on item 15 and 16. Any
further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: Very much the same thing gentlemen with the annexation and zoning and then
to hold the findings of fact and conclusion and order with the request for conditional use
permit by (inaudible). So if there's no other discussion, I'll entertain a motion on the
request for annexation and zoning of the 2.0 acres of land.
Bentley: Mrw Mayor I move we instruct the City Attorney to prepare Findings of Fact and
Conclusions of Law for the annexation and zoning of 2.0 acres for Jackson's and the
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MERIDIAN CITY COUNCIL MEETING
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PAGE 41
Order of Decision and at the same time that we prepare findings for the conditional use
permit and hold the order of decision until welre through with the annexation.
Rountree: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the annexation
and zoning and have the attorney draw up the Findings of Fact and Conclusions of Law
and no development agreement in this case and also the Findings of Fact and
Conclusions of Law and order for the conditional use permit and to hold that until after
the annexation and zoning.
Gigray: Mr. Mayor, question and point of procedure and information. Councilman
Bentley, would this include in your recommendation or in the findings that we would
include the conditions that are recommended by the Planning and Zoning Commission?
Bentley: Yes, thank you.
Corrie: All right, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
17. PUBLIC HEARING: REQUEST FOR PARTIAL EASEMENT VACATION IN
ENGLEWOOD CREEK NO.2 SUBDIVISION BY BRIAN LEE CONSTRUCTION
- LOT 17, BLOCK 6: (ATTORNEY TO PREPARE ORDER TO APPROVE)
Corrie: At this time I will open the public hearing and invite staff comments first.
Gigray: Mr. Mayor just a point of procedure and information while staff is coming with
the permission of the Mayor and Council. Just a note, ifs our advice and I think it's
been the practice of the city that with regards to the vacation of easements, they're
governed under Idaho Code S 50-1325, which says they have to be done in the same
manner as streets. So what this public hearing is about and what the Council is
considering is whether or not the city would its permission to the vacation of the
easements and the proposed orders that we've done in the past associated with
easements is including notice to applicants that they still have to make an application to
ACHD for the vacation of the easement.
Corrie: Thank you Mr. Gigray.
Siddoway: Mr. Mayor and members of the Council, this vacation application for this
easement is in Englewood Subdivision. We view it mostly as a formality to clean up an
existing easement situation. To give you a little history, a home was built over an
existing sewer main with an easement, and the sewer has been since relocated to the
other side of the house at the expense of the developer and the city is no longer in need
of the 20 foot wide easement as shown on the recorded plat. A new easement has
already been dedicated for the new sewer location, so this application before you
tonight is to vacate ten feet of the 20 foot wide sewer easement to allow the house to
remain where it currently is and is recommended for approval. The Public Works
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Department has reviewed and approved the legal descriptions for the easements,
however I know Gary Smith also has some corrections that need to be made.
Smith: Mr. Mayor and Council members, part of the documents that have been
prepared for this request principally the recommendation to City Council has listed the
wrong lot number as to the location of the vacation of easement. The reference in the
introduction to the recommendation to City Council states that it is lot 17 of block 6. It
should be lot 18 of block 6 in item number one. Item number five on page one, the
proposed site of the requested easement and the word vacation should be inserted in
there is lot 18 of block 6 of the Englewood Creek Subdivision. If you're following along
with me on that. Okay. That's supported by the drawing that's on the overhead on the
screen. Lot 18 is to the left as numbered and the existing sewer easement was totally
on lot 18 at the platting stage of the subdivision. As Steve stated to you in his
presentation, that sewer line has now been moved to the east and that portion that is
cross hatched on the drawing is the portion requested being made to vacate on lot 18 of
block 6.
Corrie: I believe item 8 needs to be changed too.
Smith: Yes, correct. Item number 8 also needs to be changed to lot 18 of block 6 and
that is the location of the requested vacation of the easement. One other thing I might
mention I believe that Steve mentioned that the developer had paid for this relocation
and actually the builder of the lot has paid for that relocation, which is just a clarification
for the record. I don't think I had anything else. I know the folks that have the lot and
the house are in a real pickle as far as closing on their loan. I'm not sure what running
this back through the highway district, how that's going to impact their timing. I
understand what Mr. Gigray is saying, and he's correct, that's his line of work and that's
what the statute as far as I know says. It is to be vacated in the same manner as road
rights-of-way. I think it's a formality that is not really having any effect on this particular
request. As far as the highway district, the last one that went through the highway
district in Meridian Greens, they had no comment on it, and it was outside the road
right-of-way similar to this one. I guess that's my only concern is what the owners of the
house what their situation is as far as their closing of their loan. I know it has been a
real trial for them. That's alii have. Thank you.
Corrie: This is a public hearing. Would you like to come up?
Lee: Brian Lee of Brian Lee Construction, and instance in which we came in is we were
given a plot and the legal descriptions were not written and when we called for
verification or asked for more legal print on it, we were denied it, and the only
verification we could get was a standard ten foot easement, so we built the house
according to the ten foot easement we were given. It was approved by the Meridian
City Inspectors before concrete and what not and as he stated, obviously there was a
sewer line underneath the house and it was at the cost of myself. The situation we1re in
now is we're not able to close on this loan and we've got construction interest and what
not accruing until we can get this thing closed. At this point it's accruing real fast, so
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MERIDIAN CITY COUNCIL MEETING
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PAGE 43
we'd just like to get the thing closed and so we can get the homeowners locked in so
they can still qualify for the house, and that's my only remarks. Thanks.
Corrie: Anyone else from the public would like to issue testimony?
Brown: My name is Craig Brown. I currently reside at lot 18. We are not locked in
though on our loan. We have been issued a permit of occupancy from the city and from
the builder Brian Lee and what we are concerned about is being able to close in a timely
manner and not losing our interest rate and opportunity to purchase the house. Is there
any questions or anything? That's alii have.
Corrie: When is your closing date?
Brown: Well it was scheduled a couple of months ago, and Pioneer Title would not
close on the house because this has not been finalized. So it will happen as soon as
this is finalized whenever that happens.
Corrie: Thank you Craig. Anyone else from the public who would like to issue
testimony here? Okay, Mr. Gigray, it sounds like he's at catch 22 here. I don't know
what is the legal procedure? They still have to go through the ACHD? (End of Tape)
Gigray: Mr. Mayor and members of the Council, my opinion is my opinion, and I think
that the statute says it has to be vacated in the same manner that streets are. The
Idaho Code has very specific provisions about abandonment and vacation of roads and
streets. It's in title 40. I think there's some problems with title 50 and the relationship of
this requirement with easements that are not in public ways. If you were a jurisdiction
that was not in a county that had a countywide highway district, I think you'd be the
highway district and you could do the whole sha-bang. I think it poses problems in Ada
County and I think it's a matter that should go to the legislature for clarification. You go
ahead and issue your order if you feel that this is in the public interest and there's no
public interest served by keeping the easement, and order just simply says that they're
on notice that they probably should file a petition with the Ada County Highway District
so they're not confused. And that the City does not take the position that it's attempting
to assurp any authority that may be with the Ada County Highway District. If they can
get a closing and no one cares based on the city approval, I guess that happens, but I
don't think we should be in a position to advise the applicant about what they legally
should do. I think the city should just do what we do and then they can live with
whatever that is. That's just my opinion.
Corrie: Any other discussion? I'll entertain a motion to close the public hearing.
Bird: So moved.
Bentley: Second.
Corrie: Motion is made and second to close the public hearing on item number 17. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 44
Corrie: I will entertain a motion on the request for partial easement vacation in
Englewood Creek No.2 Subdivision.
Rountree: Mr. Mayor, I move that we have the City Attorney prepare an order that
approves the vacation of the easement in Englewood Creek No.2 Subdivision, lot 18
and include in that order the recommendations provided by Planning and Zoning
Commission with the corrections as stated by City Engineer, Gary Smith for items
number one to reflect lot 18, items number 5 to reflect the insertion of the word,
"vacation" and reference to Jot 18 and in items number 8 to reflect lot 18.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to have the City Attorney
draw up the order with the corrections of staff as prepared for the request. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
18. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF
APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR
PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC-
NORTH OF 1-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET:
(ATTORNEY TO PREPARE FINDINGS)
Corrie: I will open the public hearing and invite the staff comments first.
Siddoway: Mr. Mayor and members of the Council, this application before you is for
annexation and zoning of a parcel of land for a project called Eagle Road Professional
Center. It is located on this lot adjacent to Eagle Road just south of Jackson Food
Stores, Texaco and just north of where the Holiday Inn Express is going in. St. Luke's
is across Eagle Road on this side. The Eagle Partners project with the Chevron is to
the north of it up here. There is Hubble Engineering going in here, and we have an
application currently going in front of Planning and Zoning Commission on this lot here
for a 60,000 square foot medical facility. This application before you tonight is for
annexation and zoning only. A conditional use permit application has also been
submitted for two medical office buildings and will be considered by the Planning and
Zoning Commission later this month. We do have that site plan for you tonight to
understand their intent with the lot. Staff recommends approval of this application with
the requirement that a development agreement to be required as a condition of the
annexation to restrict signage, require 35 foot landscape setbacks along Eagle Road,
and to restrict the types of uses on the lot to the office buildings as proposed. You have
staff comments dated July 12, 1998 in your packet and that is all we have at this time.
Corrie: Any other comments from staff? This is a public hearing. Do we have the
applicant here tonight?
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Simonds: Hi, I'm Andy Simonds with Fermor LLC, 2700 Airport Way in Boise. We
agree and accept the recommendations to the City Council. So I'm just here to answer
any questions you have.
Corrie: Any questions from Council? Thank you very much. Anyone else who would
like to issue testimony on item number 18? Hearing none, Council any questions of
staff? Okay, I'll entertain a motion to close the public hearing on item number 18.
Rountree: So moved.
Bird: Second.
Corrie: Motion made and second to close the public hearing on item number 18. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: Okay, I'll entertain a motion on the request for annexation and zoning of
approximately 3.77 acres proposed by Eagle Road Professional Center.
Rountree: Mr. Mayor, I move that we have City Attorney prepare Findings of Fact and
Conclusions of Law and Decision and Order of the annexation and zoning for Eagle
Road Professional Center to include the staff comments and recommendations from
Planning and Zoning and to reflect favorably on the request for annexation and zoning
as identified.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the request for
annexation and zoning, to have the attorney draw up the Findings of Fact and
Conclusions of Law and the proper order. Do we need a development agreement on
this one?
Bird: Yes.
Rountree: That's in the staffs comments.
Corrie: All right. Any further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES.
19. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A
DRIVE-THRU FOR MOXIE JAVA BY AVII L.L.C.-1800 N LOCUST GROVE
RD: (ATTORNEY TO PREPARE FINDINGS)
Corrie: I'll open the pubic hearing at this time and invite the staff comments first.
Siddoway: Mr. Mayor and Council, this is an application that has been before you
previously on July 20th. The P & Z Commission originally recommended approval. City
Council then denied the application for the drive through, citing safety concerns with the
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MERIDIAN CITY COUNCIL MEETING
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PAGE 46
existing drive through, and with cars exiting on to the loop road to the north. Also citing
impacts to adjacent residential areas and limited car stacking depth for the proposed
drive through. The drive through is located at Moxie Java in the Fred Meyer shopping
complex on Locust Grove and Fairview. The site plan that's showing right now shows
the existing configuration of the site. Moxie Java is located as the tenant in this portion
of the pad. The proposed drive through would eliminate this walkway, landscaping and
put in the drive through at that location. The applicant has prepared a proposed site
plan and is prepared to discuss those with you tonight. The applicant requested and
has been granted a public hearing to reconsider the application because they felt they
had information that was not considered previously. Staff would point out the concerns
that were stated previously by Shari Stiles regarding conflicts with cars exiting this new
drive through with cars coming through the existing drive through along here. Also with
the amount of stacking depth that may require cars to go out into the parking lot, and
also consider that demand and stacking depth may grow as the City of Meridian grows.
That's all we have at this time. I know that the applicant is prepared to address some of
these concerns for you tonight.
Corrie: Thank you. Is the representative for the request for Moxie Java here this
evening?
Haggett: Rob Haggett, 590 N. Maple Grove Road, Boise, Idaho 83704. Mayor and City
Council, I'd like to start by thanking you for giving us the opportunity to testify tonight. I
know this project has been heard in the past and was denied once by you, and I do
appreciate the chance to actually testify and let you know what some of the things we've
come up with on this. I think it's a good opportunity to help the customers at Moxie Java
with putting in this drive through. Issues I think are very important with this project to
consider and I hope you do consider these tonight. The hours of operation of the
existing drive through at TCBY as compared to the proposed drive through for Moxie
Java; Moxie Java does 80% of their business before noon. I think and I've watched this
and the owner of Moxie Java is here tonight as well to verify that. TCBY does 750/0 of
their daily business after 3:00 p.m. In fact they actually don't even open until 11 :00 a.m.
in the morning. The conflict I think if you look at those numbers, it really lowers the
possibility of a conflict between these two drive throughs. Also the TCBY drive through
is located approximately 100 feet to the northwest corner of the building. TCBY is the
west tenant in the building and Moxie Java is on the east portion. There are three
tenants in between each one of them. The second issue which I think is very important
as well that was brought up at the last City Council meeting is that this drive through
would be a large impact on neighbors. To the north of the building is a vacant lot which
is approximately four acres. Store It Rental Storage owns that property. They have
current permit to build phase three storage on that eventually that property will be the I
heard would be developed as a storage. I know that they are planning within the next
18 months to begin breaking ground on that. With the growth of Meridian, the next
phase is soon to be underway. We also put out a petition on the counter at Moxie Java
for about three days and I didn't expect to get the turn out that we did, but we had over
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MERIDIAN CITY COUNCIL MEETING
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PAGE 47
200 signatures of people that use Moxie Java and that are in support of a drive through
for that space. I think there was in fact if you go through this petition, I've made a copy
here (inaudible). Some of the addresses on there are also from neighbors that in the
north subdivision. A third issue that I think is also very important is that what happens if
Moxie Java moves out and this drive through has been approved? It was a question
that I brought up to staff and they said well this permit is specific to Moxie Java or a
coffee shop. It cannot be transferable to a sandwich shop or a deli or something that
would have different hours of operation, so I think with looking at the different impacts
there from the two drive throughs, that's definitely a consideration. Something we also
did was in the first planning and zoning meeting with staff, we basically looked at
opinions, and a lot of people said weill don't think this is a good place for a drive
through and we were saying we think it is a good place for a drive through. I decided to
go out and hire a professional engineering firm and I'm going to turn the rest of the time
over to Dan Thompson from Earth Tec and he's done a study on this and will basically
give his opinion as why this would be a viable position for a drive through.
Corrie: Any questions from staff at this point?
Bird: I have none.
Bentley: I have one.
Haggett: I will also be able to come up and answer any more questions.
Anderson: I had one question. On that landscaping berm that's north of the building
and between the loop road, what's the width of that?
Haggett: In the proposed actually that is probably a better question for Mr. Thompson
to answer because with the proposal of actually moving that landscaping out and
keeping it there as a kind of a buffer area for the drive through. The original plan was to
remove that landscaping, but I think we've decided to keep it there. Probably the best
thing to do.
Anderson: Okay, I'll listen to him.
Corrie: I have one question. You mentioned that if Moxie Java leaves that the CUP
goes with it. What do you intend to do with that? Are you going to replace it back the
way it was?
Haggett: Well my hope is that Moxie would not leave. In fact part of what we've
discussed with the owner is that with this drive through, they would actually sign a
renewal on a lease term of at least five years, hopefully ten years. If they happen to
move and we were not able to fill the space with another coffee vendor, then we would
just close up the drive through and probably put the door back in and replace the patio.
Unless it was a user - we would actually have to come through the entire process again
to get the drive through approved for a new user, so with what we've gone through at
this point, I doubt we would do that.
Corrie: Okay thank you.
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 48
Thompson: Thank you, I'm Dan Thompson. I'm with Earth Tee, 1299 N. Orchard Street
in Boise. Mr. Mayor, City Council, thank you for hearing us. Mr. Haggett requested that
we look at his site and see if there's any issues that we could present to him that would
address some of the concerns of the city staff and the City Council. The first thing we
did was go out and take a look at the site, which wasn't a bad part of the job. I got to sit
and have a cup of coffee during that one. But we looked at the site to how we thought it
would really work out there, and what we did is kind of come up with a site plan that we
felt would be workable and provide a usable site for a drive through. We tried to keep
things straight. Some of the original plans had the cars kind of sweeping in and
everything else and after looking at it, we said no we've got to kind of keep them straight
to kind of reduce the number of movements, avoid people trying to move and if there is
a conflict with another car, at least they're just trying to go in a straight line. We felt
trying to get them back out on to the loop road exit them back out into the system and
kept them moving in more of an orderly manner. One of the concerns of staff was
conflicts between the TCBY drive in and this drive in. We've kind of addressed that with
some signage and pavement marking which we do believe will address the issue and
call people's attention there will be other cars coming and they should be watching for
that and try to accommodate them. However, as Mr. Haggett pointed out, these two
businesses have completed opposite peak hours. We think the evening traffic from the
coffee shop is going to be very minimal conflicts with the traffic with the TCBY and vice
versa. The next thing we wanted to do is look to see if there was any other movements
that might be created by the cutting the landscape berm and something of that nature,
and one of the concerns of the staff was vehicles trying to turn into that and I apologize,
I did have some overheads which showed some turn templates we used using the
(inaudible) a design vehicle for a passenger car, but I rushed out of my office running
from meeting to meeting and I also prove to be unfounded fear this evening, but I did
submit that to staff showing that movement and basically a car cannot make that
movement and even come close to making it into that even if they go clear into the other
lane. Now an astra designed vehicle is probably like a Cadillac. It's about 19 foot
vehicle so that is a very difficult vehicle to make that movement. But if you go out there
and drive that road, the proximity of the building to that road if you look out there the
feeling you get is I can't make that turn. I just can't do that so we don't feel that people
would really be trying to turn into there. Just to make sure we've shown some signage
that we believe would discourage that even further and encourage to do that. The next
concern the city had was with the stacking of this issue and I think there was some talk
with ACHD about some required lengths and so we went and talked to ACHD about that
and there's really no published data that says for a drive through you have to have ux"
amount of feet for coffee shop, "x" amount of feet for that, so we went to a published
document and that would be the ITO planning manual and use a little queuing theory on
that one. Based on that we had the numbers they were using. They estimate that there
will be a 20010 increase in traffic just by adding the drive through. We estimated an
increase in growth for ten years and then we applied some queuing theory to that. I
actually went to another Moxie Java that does have a drive through and saw how fast
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MERIDIAN CITY COUNCIL MEETING
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PAGE 49
they could service the cars to make sure we had an accurate number as to how fast
they could do that. Based on those calculations we estimated an average queue of
about three cars. We estimate 95% confidence of a maximum queue of about four cars.
This is after ten years worth of growth. If we do that what we estimate again using the
design vehicle which is a 19 foot car, which is as big as a Suburban is at this point.
What we would see with car stacking into the marking parking area but not blocking it.
Cars could get through under our estimation. Remember that's a 950lb queued Most of
the time that queue is going to be three vehicles or less, which there is room to stack
that in there. What we've shown from service window to the rear of the very end of the
parking island is a little over 75 feet of storage in that area there. Easily to stack three
cars and be on that. Again the way that parking lot is set up there the queuing does
exceed even our calculations. It's going to infringe on the other parking businesses in
that parking lot, not on Fred Meyer, not on any other businesses, not on any public
roads. Since most of those businesses are not open much before 9:00. There's a hair
dresser. We don't-see that as a serious issue with other businesses. One that we
probably hurt the most would be Moxie Java with their walk in traffic. Those are the
issues we really addressed at this time, and I would be happy to answer any questions
that Council may have.
Anderson: Where's the menu board located at for TCBY and where do you do your
ordering? Isn't it about halfway down that building?
Thompson: That is correct.
Anderson: So a lot of people are going to be stopped there reading the menu for a
while. How much room do you have there for stacking cars?
Thompson: I'll have Rob Haggett address where that is located.
Haggett: It's located approximately 40 feet from this northeast corner of the building.
As we stated earlier I think the hours of operation we don't see that as being a problem.
But the order board for TCBY is actually about the middle of the building. I haven't
actually measured it, but I would say it's about the middle of the building and then their
window is on the far side of the building.
Anderson: The building length is how long?
Haggett: 120 feet.
Corrie: Any questions?
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: You said, you testified that a car couldn't turn into that curb through the
landscape area even if they were in the other lane making the turn, they couldn't make
the turn into there. My question is then how do you get out of it?
Bird: They go straight.
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 50
Rountree: It's the same turning radius. If you go into the other lane.
Haggett: This is a letter I submitted to staff which had some samples of work and I
would submit this to Mr. Rountree. (Inaudible) is not possible and that is with the astra
design vehicle. If you're taking a 90 degree turn out of here from there, (inaudible).
Rountree: That clarifies it. You didn't state the (inaudible). Wouldn't it be just as critical
to have a do not block pavement marking for vehicles moving north as you have for
vehicles moving west through TCBY?
Thompson: I agree that's critical. However I would certainly want any vehicle exiting
out of there to make sure it's safe to proceed before they do. I would be more
concerned to make sure it's safe to get on to the loop road than worrying about blocking
the intersection. As far as this is not a striping plan by any means. It's certain
something we want to work out in the final plans.
Anderson: Is that a landscape berm?
Thompson: It is.
Anderson: Are you going to remove some of that shrubbery and flatten that for
visibility?
Thompson: The existing landscaping, they would have a sight distance problem that
they would have to address.
Anderson: And the speed limit on the loop road is what?
Thompson: It's posted at 25.
Anderson: Okay.
Bird: I got a question on their permit, conditional use permit, their site plan was
prepared by BRS Architecture. We still using that same site plan or do we have a new
one because we have not received a new site plan.
Thompson: Well this is the modified site plan. The site plan originally submitted, the
existing site plan was prepared by BRS. We've modified this site plan as shown, which
is the site plan that's proposed.
Bird: Is there an exhibit?
Siddoway: Sorry, Mr. Bird, I did not hear the question. I know it was in reference to the
BRS.
Bird: No, the new site plan that they're proposing right now is there an exhibit of it or
are we still just doctoring up BRS's? Are we going off of things like this?
Siddoway: They submitted these site plans to me yesterday, and I prepared these
overheads with them.
Thompson: We have not prepared a detailed site plan at this time. We wanted to make
sure we had one. This is a conceptual plan that we would propose to offer.
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MERIDIAN CITY COUNCIL MEETING
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PAGE 51
Bird: How far up from your southeast corner is the window going to be? He said
something about removing the door, which is probably 20 feet up the wall or something.
15 that what they plan on doing?
Thompson: Council the window as shown here with that little outcrop, the existing door
is actually right next to it, and I encouraged them to move that service window as far
forward as possible.
Bird: That's a good idea, because you can get a couple of cars in there.
Thompson: It also works a little better with their service counter.
'Bird: I was just wondering what that was the little window there. Thank you.
Corrie: Any other questions? Thank you. Anyone else would like to issue testimony in
this request for conditional use permit? Hearing none, Council any other questions of
staff or the people from the public hearing?
Bird: I have none.
Corrie: Hearing none, I'll entertain a motion to close the public hearing on item number
19.
Bentley: So moved.
Bird: Second.
Corrie: Motion made and second to close the public hearing on item number 19. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: Discussion?
Bird: Mr. Mayor, I would like a procedure question. What we do if we pass this, we've
got the Findings of the Planning and Zoning Commission. Theirs is based on the
prepared BRS's drawings, and now we're being asked to do the conditional on another
set of drawings that we don't have in our possession. What do we do Counselor?
Gigray: Mr. Mayor, Councilman Bird, the decision that the City Council made before in
denying the conditional use permit one of the Findings of Fact which was the center
piece I believe of Council's action was item number ten of these findings. Of course I
believe the concern and as I drafted those findings and listening to the deliberations of
the Council that were raised were those points and those points were of course directed
to the specific site plan that was directed which was a rather complete site plan with
regards to where the location of various appurtenances of this facility would be and the
traffic flow and so on. If you were going to be inclined to grant a conditional use permit
if you find that these concerns have been resolved, then I would recommend you might
consider fashioning conditions with regards to the site development of this property that
would alleviate those concerns. If you feel that that's alleviated by the proposed site
improvements that have been submitted here, that was why I believe the question was
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 52
this an exhibit? That could be referred to, whether that's detailed enough for you. If it
isn't, and there's specific conditions that you would want as a consideration of granting
it, you're going to have to articulate what those are. I prepare an order that has
conditions of the conditional use permit that are going to set those out for you.
Corrie: Okay did that answer your question, Keith?
Bird: Yeah, I still got another question. I don't - I mean I have no problem with the
drive through, don't get me wrong there, but I don't know how you can put something
like that without more detail. I want to see footage and stuff on the drive through and
how far up the window is going to be and for our records, I can't go off that proposed
site improvement thing and pass it. I mean there is nothing on that.
Gigray: Mr. Mayor, Council, just a point of procedure if the Council is of the same
opinion as Councilman Bird is my recommendation would be that you might consider
reopening the public hearing and that you might direct the applicant to present those
final plans for your consideration and inclusion in the public hearing so that you might
have the benefit of that detail in making a final decision. You just move to reconsider
and open the public hearing back up if that's your decision. I don't know that that's what
the other Council wants to do.
Bird: I'm in favor of doing that. I don't want to hold the people up any longer on this
deal, but is this the detailed site that you got? Do you have one that's got all the _
Siddoway: I do not have a more detailed site plan that shows window elevations and
such.
Bird: No, I don't care about the elevation or anything. I want from the corner of the
building how far up this is and how far the reader board is, how wide that thing is. Is
that 50 feet wide or is it 5 feet wide? Between the berm and the building and stuff like
that. I want to see that. For the City, I think we need that on file. I mean we're looking
at this thing right here. We don't know what we got. I mean that two crosses up there
means that's the drive through window, but you know it might be three quarters of the
way up or two thirds of the building. I want some footage and some stuff lined out on a
site plan. I want a real site plan if I'm going to pass something like this and I have no
problem with passing it, but I want a decent set of prints, sites to look at.
Anderson: Mr. Mayor, I would like to make some comments. First of all, I sympathize
with the applicant in this situation. Unfortunately I think that this building and the
configuration on this particular lot just does not lend itself well to separate drive ups. If it
had more space around it, I would be more amenable to it. I think even the proposal that
we're looking at here tonight and I appreciate you coming back and bringing that to us
and letting us look at that. I personally do not think it's a good situation where we have
two lanes crossing one another. We're making an intersection in a very tight space. I
think we create a traffic hazard and a safety issue allowing these people to come out on
the loop road there. The landscaping issue to me and the line of sight is going to be a
safety concern. I know that's posted at 25 but I've been through there lots of times
MERIDIAN CITY COUNCIL MEETING
AUGUST 171 1999
PAGE 53
when people are going a lot faster than 25. I think we're going to play on people's
nerves a little bit when they're trying to get in line. They're trying to pay attention,
they're trying to read the reader board or a menu board and what they're going to be
ordering and there's someone else crossing across the same path even though the
percentages are 750/0 you still got 250/0 of the people that there's a possible conflict
there. So my personal feeling is that this is just not a good option and I sympathize with
you and maybe a different location or a different configuration, but I would not be in
favor of having two drive ups that cross one another in this kind of situation. That's my
thoughts.
Corrie: Anyone else?
Rountree: After that I don't have anything more to say.
Bentley: I just say I would agree with Councilman Anderson. We turned this project
down before for some of the same reasons, and even though they've made a concerted
effort to try and improve it, I just don't think it's going to fly. Thank you.
Corrie: Any other comments? Okay, I'll entertain a motion on the request for
conditional use permit
Bentley: Mr. Mayor, I move we instruct the City Attorney to prepare Findings of Fact
and Conclusions of Law and Decision and have that decision reflect denial of the
application for a drive through for Moxie Java.
Anderson: Second that.
Corrie: Motion made by Mr. Bentley second by Mr. Anderson to have the attorney draw
up the Findings of Fact and Conclusions of Law for denial of the conditional use permit
for the drive through at Moxie Java. Any further discussion? Hearing none, all those in
favor of the motion say aye.
MOTION CARRIED: 3 AYES, 1 NAY.
Corrie: Mr. Attorney if you will draw up the Findings of Fact and Conclusions of Law for
the denial of the conditional use permit.
Gigray: Yes, Mr. Mayor and as I understand we do this, we submit it at the very next
meeting for your consideration.
20. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT INCLUDES
SIGNAGE FOR CHEVRON C-STORE WITH GAS PUMPS & DETACHED CAR
WASH, MCDONALD'S WITH DRIVE-UP WINDOW (SAME BUILDING AS C-
STORE) & IDAHO UNITED CREDIT UNION BY EAGLE PARTNERS-NW
CORNER EAGLE ROAD & MAGIC VIEW DR: (ATTORNEY TO PREPARE
FINDINGS)
Corrie: At this time I will open the public hearing on item number-
r'
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MERIDIAN CITY COUNCIL MEETING
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PAGE 54
Bird: Mr. Mayor I am going to excuse myself as I did in the last one for the same
reason.
Corrie: Okay, I'll open the public hearing then with the one excused Council member,
Mr. Bird.
Anderson: Mr. Mayor, and as.this issue has come up before and I would also declare
and submit to the Council and let them decide if there's a possible conflict. My wife
does work for this particular sign company. She is not the sales agent, and I would not
benefit from this in any way. But I will let the Council decide whether that's a conflict or
not.
Rountree: I state the same thing as I stated previously that I don't believe that I have an
issue with that.
Bentley: Ditto.
Corrie: Mr. Bentley.
Bentley: I feel the same way no issue.
Corrie: All right, I'll open the public hearing and invite staff comments first.
Hawkins-Clark: Mayor and members of the Council, my understanding of this is that
there's a history you as the Council requested that this item be tabled at your July 20
meeting, I'm sorry not tabled but continued. There was an appeal of the Planning and
Zoning Commission decision. Again this application is a result of what staff viewed as a
significant modification to the original conditional use permit. Due to the three separate
signs that were submitted as a part and again this is three signs. You have the
Planning and Zoning Commission recommendations before you. If you would like, I
believe you've seen them before, we do have overheads that show the 100 foot pylon
sign as well as the 35 foot sign along Eagle. Staff recommendations dated June 14,
1999 which do recommend denial of the 100 foot continue to stand, no changes from
staff in that manner.
Corrie: Thank you. This is a public hearing. We would like to hear from the applicant
or their representative tonight.
Butler: Good evening Mayor and Council members, JoAnn Butler, 607 N. 8th Street
representing the applicant Eagle Partners. I have copies of my notes that I'm going to
pass out for the Council just so they them to follow along and I won't read them
verbatim. In this application that has been now before the Council several times in
connection with the conditional use and once as you deferred this until tonight on the
sign, you've asked us to address the conditional use elements of your zoning ordinance
in connection with these signs and we're happy to do this because I think with a review
of the facts and the circumstances of this particular sign proposal with the testimony that
the Planning and Zoning Commission heard and that you'll hear tonight and with the
staff work that has been done, we'll show how these sign proposals do meet with your
conditional use modification standards, so we are asking the City tonight to do a couple
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 55
of things. Adopt the recommendation of the P & Z Commission to approve the Idaho
Credit sign, adopt the recommendation of the P & Z Commission to approve the
Chevron, McDonald sign on Eagle Road with the understanding that the Chevron sign
will not be turned off during the late night hours, but the McDonald's sign will between
the hours of 12:00 and 6:00 a.m. We think there was looking at the testimony although I
wasn't at the Planning and Zoning Commission hearing. My partner was and I did read
the minutes and I think there was some confusion at the end of the hearing in which
there was a lot of discussion about turning off the pylon sign during certain hours, and I
think that got confused with what was happening on the Eagle Road side at a press
when one of the commissioners was leaving and trying to get a vote done, but we'll
address that in a little bit more detail in a minute so basically adopt the findings of the P
& Z with regard to the Chevron, McDonald sign on Eagle Road, but the McDonald sign
would be turned off during the late night hours between 12:00 and 6:00, asking you to
reject the recommendation of the P & Z Commission with regard to the sign that is in
close proximity to 1-84. But adopt a condition of approval that was discussed that night
but not made part of the recommendation to have the sign that is in close proximity to 1-
84 to be turned off between the hours of 11 :00 p.m. and 4:00 a.m. With me tonight is
Craig Jameson from the sign company that will address the Council, George Kyler from
McDonald's and Steve Eddy. Mr. Eddy will address the Council. He may reserve his
time for rebuttal along with myself unless you have some specific questions for him. So
just briefly running through the conditional use criteria of your ordinance. You asked us
to find out whether or not this conditional use is determined to be appropriate under city
policy. Meridian has annexed and zoned this property as C-G or general retail and
service commercial and the project is designated in a community activity area. The
purpose of that C-G zone is and I'm going to quote from your ordinance to provide for a
commercial uses, which are auto and service oriented and are located in close proximity
to major highway or arterial streets, and you are to fulfill the needs of the travel related
services as well as retail sales for the transient and the permanent motoring public. The
whole goal and purpose of your ordinance is to serve the motoring public in this
particular zone. Services in close proximity, not necessarily directly adjacent to the
freeway, but in close proximity to major highways and arterials which we are on the
intersection of Eagle Road and 1-84. My understanding is that is the most heavily
trafficked intersection in the State of Idaho. So we are attempting with this sign
application to identify the business that serves the motoring public that you the City are
trying to get served and do so in a manner that ensures the conditional use goals of
your ordinances and your plan. Your ordinance requires us to be in harmony and in
accordance with your Comprehensive Plan. The general retail and service commercial
zone and the specific conditional use request is consistent with your goals and policies.
Those that have stated their opposition to the project have never been able to point out
to the Councilor to the Commission in what way we don't meet your goals and
ordinances in your policy and Comprehensive Plan. As one of the Planning and Zoning
Commissioners stated it was always assumed that a freeway oriented sign would be
part of this freeway oriented project, and the City understands and requires that
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MERIDIAN CITY COUNCIL MEETING
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PAGE 56
commercial development to serve the traveling public needs to provide attractive, well
signed gateway to Meridian. As Mr. Kyler likes to say that he's told me that a business
without a sign is a sign of no business, and I think that's what we would have here
without proper identification. This mixed use area in the vicinity of Eagle and 1-84
interchange is a priority development for Meridian under your ordinance and your plan.
The location of this project and I quote from your commercial policy encourages
commercial uses to locate high intensity activity areas such as freeway interchanges.
Your Comprehensive Plan also says that Eagle Road is designated as an entryway
corridor in the City of Meridian. You talk about the fact that entryway corridors are a
community's front door and it's acknowledged that the corridors, trees, commercial
signage and site character often provide the first and the lasting impression for
Meridian. The conditional use process states the Comprehensive Plan states that the
conditional use process afford the City the opportunity to address special features of
each property and their facilities including this one and that's why we're here before you
tonight. We understand that this is the most heavily trafficked intersection that it is an
area that you want to make sure is heavily landscaped, signed well and creates a good
image for the City and as well does not intrude on the neighboring properties. This is a
well designed and well construction project. You've been through this as well as the
Planning and Zoning Commission for many years setting many conditions of approval to
make sure that this project is well designed and well identified. There are over 33 trees
on Eagle Road alone of three inch caliper that you required. I think over 68 or 70 trees
on this project as a whole. There's a very distinct difference between the design of this
project and the project located immediately south of this. There was an awful lot of
testimony at the Planning and Zoning Commission from neighbors and you're likely to
hear that again tonight. Neighbors that are nervous and scared that what we are
proposing for this project somehow will be like the Texaco sign and the reader board
that's directly south of this. People talked to the Commission and talked about the
flashing light that is in their backyards from that existing sign. It's a travesty as far as
we're concerned, and we're sorry that we in essence bear the brunt of having to come
before you when people are worried that this will be like that. This project will be
designed like that, and nothing could be further from the truth and I ask you to give due
weight to the professional testimony that's going to be provided to you by Mr. Jameson
and others tonight. We will explain the illumination of the signs. We have again offered
to completely turn off the freeway oriented sign between 11 :00 and 4:00. There would
be no blinking bald lights in the vicinity of the neighborhood. (End of Tape)
Butler: ... wealth of information not necessarily on this issue to the Council and we
thank you and we know it's late. It was a long hearing at the Planning and Zoning
Commission and I hope you've had a chance to read the transcript. But we're here
tonight to answer questions, to discuss with you possible conditions of approval to
ensure that the design of this site is compatible as we believe it is and we'll do a great
deal for Meridian at this entrance way, and with that I'm going to turn the podium over
Mr. Jameson, reserve some time for rebuttal unless there are some questions by the
Council.
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MERIDIAN CITY COUNCIL MEETING
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Bentley: JoAnn you said that there's no blinking bulb lights on this sign. Are you
leaving open that there's blinking bulb lights somewhere else?
Butler: There are presently found on the Texaco reader board, and that's what I was
referring to.
Bentley: On your project.
Butler: No, no, not at all.
Bentley: Thank you.
Butler: Thank you.
Jameson: Good evening Mayor and members of the Council, my name is Craig
Jameson, I'm with Idaho Electric Signs 6528 Supply Way. I appreciate the opportunity
to speak with you tonight. It's been suggested that maybe I might give you a little bit of
my background within the industry and my qualifications. I've been with Idaho Electric
Signs for approximately seven years serving as a sales manager for that company.
One of my major responsibilities is dealing with sign ordinances not only within the
southern Idaho area, but in fact I deal with cities all across the west in Washington,
Oregon, Utah, Colorado, Missoula, a number of different cities, so I've had quite a bit of
experience in that particular area. When Boise went through their most recent revision
to their sign ordinance, I represented the sign industry on that committee that developed
a new ordinance. I certainly applaud the fact that I understand that you folks have
developed a committee now that you're putting together to address putting together an
ordinance for the City of Meridian. Additionally I'm under contract a separate contract
with Home Depot to represent them at various different cities in Colorado, Utah, Idaho
and also in Montana, so I'd hope that my experience might carry a little weight with the
Council. Certainly I am here to provide you with whatever information that I can and to
answer to any questions that I can for you and as JoAnn had mentioned there's
certainly a lot of questions involving signs in this particular issue. I'm here to basically
address the issues that we'd like to discuss in terms of the signage itself in terms of how
we chose a particular place to place the signs. I know there's questions regarding
lighting and a lot of concerns, and I would like to explain to you perhaps how the
signage that we're proposing is much different from the other sign as JoAnn had
mentioned that was originally to the south of us and just discuss some other issues
here. I have prepared a little packet here for each of you if I could bring that up and we
can kind of refer to that as we go along if that would be okay. Basically gentlemen on
the front pages there are the two signs that are in question. I might take this opportunity
to perhaps make some differentiation between our calculations in terms of the square
footage involved in this signage and what staff's calculations might be. Typically we find
that when dealing with cities they calculate the square footage of the sign face
themselves so the signage that we're proposing for the interstate oriented sign and
that's to address the interstate traffic is 470 square foot, and the smaller sign to be on
Eagle Road we're showing is 334 square foot. I do understand that on Fairview you
have adopted a policy for a monument type sign where you've got basically a base
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MERIDIAN CITY COUNCIL MEETING
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PAGE 58
width that would be equal to the sign face itself. That's why I believe staff came up with
a 670 square foot for the sign that's shown on Eagle Road. However I think it's
important to distinguish between mass and sign area and I think in a lot of cases
especially when there's certain concerns that are involved in the overall impact of a sign
on a community. I think when you're dealing with a pole structure like this, certainly
we're not dealing with that kind of mass so I think it's two different types of issues here.
One of the first things I would like to address if I can step over here to the stand, I'm not
sure is this microphone working? This would basically be a site plan showing the
location of the large pylon sign. Are you able to see that from where you're sitting? I'm
kind of used to north going this way, but this would be the southwest corner of the
property. What we've done here is we've tried to place the sign actually as far away as
possible from the neighborhood, which is oriented up this section here. We're actually
from this point up to the end of the property line we're close to two football fields away,
so we've done everything we can to place the sign as far as possible. In actuality I
understand there's going to be a buffer zone between where the property line ends and
where the residential area actually starts, so in actuality we're talking about more than
six hundred foot from the sign placement to the residential area. I think another critical
issue that we want to talk about here is the orientation of the sign. Once again this sign
is oriented not to address traffic that's going north / south on Eagle Road, but it's
oriented to address traffic going east and west on 1-84 and because of that, the sign
lighting is also headed in that direction. The sign lights out along the east and it also
lights out on the west. What the neighbors are actually seeing from the sign is the side
of the sign, which is actually a metal case. There's no illumination. In other words
we're not getting a 360 degree illumination from the sign itself. So this sign right here
once again is directed for 1-84 traffic and frankly that's the type of traffic that we're trying
to capture with this sign. Despite the fact that we may not have actual interstate
frontage, I want to make sure that it's clear that this is an interstate oriented business or
businesses. I mean part of large a very large part of the business that we want to
capture with this sign are people who are traveling through the Treasure Valley area
and they're looking for gas or they're looking for something to eat or whatever, and
certainly there's a lot of traffic that's going by there and that's what this sign is directed
to do. As a matter of fact I think it was Commissioner Borup that mentioned in the
Planning and Zoning meeting that when he drives along 1st where you've got a
McDonald's sign there, it's the same height that we're talking about here. It's the same
sign and it's at 100 foot. The only difference would be that the Chevron is not featured
on that sign. He doesn't necessarily see it when he's traveling up and down the streets
of Meridian. He sees it when he's along 1-84. That is what this sign is designed to do.
The smaller sign located on Eagle Road would be located at this intersection here. In
terms of the height, I want you to know that we just didn't pick this out haphazardly and
decide that we want to place a 100 foot sign because that's like a standard sign
package that we put together. We actually took a boom truck out off to the site and we
positioned it at several different places on the site, at several different heights with a
target and our people drove the interstate. I myself was not there, although the
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MERIDIAN CITY COUNCIL MEETING
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McDonald's representative was to look for the optimum visibility where we could have
this sign because it's not really a very easy site to see here. I also have here an aerial
of the site and within your package, you've got photographs that were taken from this
area over here headed west along the interstate and then also from this area over here
headed east along the interstate. Going east along the interstate presents its own
problems~ We got a lot of trees that are over in this area and then actually the off ramp
is quite a ways back there. So in order to able to get people safely along the interstate
to the off ramp so they can come down and come up to the Chevron and McDonalds,
that sign height was necessary. You can see there's actually quite a distance for
traveling here. The other sign photographs that I took were from this area here and
once again over here and you can actually see the line of sight here. We do have I
believe this is an older aerial, but the St. AI's building was also a concern in that
particular nature, but our goal with a sign of this nature is not only to capture that traffic
that's going there and let them know that people are - that the Chevron and the
McDonald5 are there to service their needs but then also we need to let them know far
enough ahead of time so that they can get to the off ramp in a safe manner. So that's
basically how we chose the position and the orientation and the height of the sign.
Please if you have any questions, as I'm going along, please feel free to ask me. There
has been some concern about the lighting. Frankly at the Planning and Zoning meeting
we spent a great deal of time in discussing that and I had the feeling overall that the
Planning and Zoning Commission was fairly well satisfied that this isn't the same type of
sign that you're going to see to the south. First of all, we're not featuring the flashing
light message center. Now the bulbs in that sign are my guess like 50 watt bulbs that
turn off and turn on based on the computer directions for it and clear bulbs and probably
maybe with a reflector behind them and certainly they do project a lot of light. We're
dealing with signs that are first of all with colored faces and I do have some statistics for
you which I'd be glad to pass up and it gets a little bit complicated when we deal with
colored Plexiglas the amount of light that actually passes through the sign is reduced. It
makes sense. If you've got a clear piece of plastic or glass more light is going to pass
through that than if you have a color that's based on over it. So for example if I have
something clear then basically you know close to 1000/0 of that light is going to pass
through. On the other hand if I have even a white face, actually only approximately 370/0
of the overall light actually passes through that particular sign. Red ranges anywhere
from 30/0 to 120/0 is passed through depending on the color of the red. Naturally the
darker color would allow less light to pass through than the lighter color would. Yellow
which is another color that used will actually pass anywhere from 19 to 360/0 and the
other color that we finally use is blue and that passes anywhere from 1 % to 190/0
depending on the color, so the colors are certainly muted down a tremendous amount
from what you would see with the message center that's on that other sign and frankly I
think that any kind of light that's really upsetting the neighbors is coming from that.
There's a difference actually being able to see the sign and actually the light passing
through. So that certainly would shed a lot of light. We've done our best, you know we
had discussed that that might be a possibility but have decided not to do that basically
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MERIDIAN CITY COUNCIL MEETING
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for that reason. I guess what I'm trying to get down here is a combination of the light
being muted and the distance that we're talking about once again over 600 foot plus the
orientation of the sign. We don't expect the light to be a problem. I know in Boise, a
sign needs to be 300 foot from a residential area is considered to be the standard for a
lighted sign. There was talk about how can you measure the actual light? People talk
about things like foot candles, very complicated formula, but the problem is it's actually
designed for directional and flood lighting, direct lighting and it's not really applicable
within the sign industry. I should say it's nearly impossible to calculate. What we'd
have to do is we'd have to have the sign sitting there in a controlled area and take the
foot candles on the white section on the blue section on the red section on the yellow
section and calculate it from there, and it's still something that once again is based on
direct lighting rather than the type of lighting we're talking about. I do have pictures of
other signs in the area. Some of them do have interstate frontage. Those you have in
front of you there. Some do not. The signs like the existing McDonald sign does not
have interstate frontage. In fact the Texaco sign that we're talking about does not have
an interstate frontage. There's a hotel that's going to be built in front of that. There's a
few other signs that are in the same basic area"there. My understanding in speaking
with staff is that the basically if this particular project had direct interstate frontage, this
sign would not be a problem. But in fact we're 50 close to the interstate, we are an
interstate oriented business. It's absolutely necessary and it's been discussed from day
one that we require this type of sign as I can tell you that I personally made a
presentation to the Planning and Zoning Commission I think it was over two years ago
in regard to the fact that we needed an interstate sign on this project. At the time the
project had not been approved and we weren't allowed to present that sign for formal
approval, but it's been very clear from the start. There seems to be a feeling that we'd
always discussed low slung monument type signage. I think staff even mentioned that
signage like Hubble Engineering is asking for. First of all that never occurred and
second of all we're talking about two different types of businesses. It is very rare that I
drive through a strange city and want to pull over and grab a blueprint for lunch. I mean
it's not that type of a business. This is certainly an interstate oriented business. I might
also mention that there's talk of we can get signage along the interstate in terms of an
interstate services sign that's provided by the transportation department and that's fine
and they serve a purpose. The problem being that first of all they're very, very low in
height and if people are going along and they're in a strange city and they're looking for
that type of service and there's a semi truck or even a Bronco next to them, they are
probably not going to see them and being able to make a quick exit to the off ramp. The
other problem is that you know quite often the reason I don't use them is that they don't
tell you where that service might be. You know I myself have gotten off in Yakima
looking for a McDonalds and I never did find it. I think I'm the type of person I think a lot
of people are the type of people that are looking for one a brand or a particular service
that they're familiar with and if you're me and I'm not sure where I am in this particular
city, I'm looking for easy on/off. That's what it is all about and I think even the highway
department understands the importance of having signs at a certain height because if
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you look at exit coming up for Meridian Road or Eagle or whatever, you find that most
often those are placed at a height above the traffic. They're either placed on an
overpass or they're placed in some other manner at a higher level so that people could
see them from a distance and have plenty of time to do that. Even as far as the
interstate services signs go, quite often they say interstate business and once again
that's the type of business we are. I guess I would just like to basically conclude by a
couple of quick comments. I know there's always a concern when a city grants signage
that may not be the normal signage that they're used to seeing that all of a sudden
everybody is going to want one. I can tell you that this type of signage is very much self
policing. First of all everybody doesn't want one. Hubble Engineering doesn't want
one. The Idaho Power Credit Union doesn't want one. It's not that type of business. If
they don't want them, they don't need them. Quite frankly a lot of businesses can't
afford them. I mean you're talking this sign itself would probably be close to $100,000
by the time it's installed and not everybody without the need or want is going to be able
to justify that type of signage so I really feel that's a concern that really is unfounded.
Then finally please keep in mind that we're not dealing with a lot of mass here. We're
dealing with a sign that is substantially smaller than its neighbor sign. If we want to talk
about mass for that matter we can look at St. AI's and we could look at the light across
on the building. That sign is probably - excuse me St. Luke's, that sign is probably a
50-60 foot up there. So in terms of the height and we've got the mass of the building
but of course it's a hospital. So with that if there are any questions, I'd certainly be more
than happy to answer them.
Bentley: Mr. Mayor, I got a question on your other sign that's in here. The one that's on
Eagle Road. Why couldn't you use a monument sign for that?
Jameson: I'm not the person to make the decision on the monument sign or not, I'd
rather have Mr. Eddy and Mr. Kyler address that. I think when we discussed that in
front of the Planning and Zoning Commission, what was pointed out was the fact that
we do have very extensive landscaping, a number of trees and tree obscure a sign and
so we were making an attempt to raise the sign above the trees. In order to make it
effective as a monument sign, the trees would have to be thinned out in that particular
area.
Bentley: Okay thank you.
Corrie: Anyone else from the public who wants to issue testimony at this point? I would
suggest that you keep your comments to five minutes and no more. The hour is getting
late and it isn't helping the cause any if you keep going and going and going. Anybody
else from the public? Mr. Williams.
Williams: My name is Richard Williams, I live at 3133 Autumn Way, Meridian. Just a
couple of things. This 100 foot pylon sign goes, now we have the entrances to Meridian
off the freeway both exits, now a goal post of two McDonalds signs. I think Ms. Butler
went through a gyration to say they're in compliance and this whole project is in
compliance. It mayor may not be. We'll find that out later. But they're just ugly.
MERIDIAN CITY COUNCIL MEETING
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They're just flat ugly. When you look at what you want to have an entrance to the City
of Meridian it has to be somewhat reasonable, it has to be attractive and it has to make
people want to stop there. If you go east on 1-84 through Meridian, there are three
McDonalds along the interstate. Not one of them has a sign like this. The one on
Overland Road doesn't, the one at Vista doesn't, the one at the outlet mall doesn't. If
you go into Eagle, you drive up Eagle Road, do you know where the McDonalds is
there? Albertson's? They have a very low monument sign. Now the monument sign
they're proposing is three and a half times taller than a basket ball hoop. That's not a
monument, that's a tree. I just ask that this Council use some common sense and
address how you want the entrance to the City of Meridian to look. And I don't think this
is the way you really want it to look. P & Z denied this pylon sign for a reason. I would
ask that you support your Planning and Zoning Commission. They done a lot of work
on it. They've looked at things and they made a good recommendation. Thank you.
Corrie: Any questions? Anyone else who would like to issue testimony at this time?
Harrel: My name is Chuck Harrel. I live at 3043 Autumn Way in Meridian. Good
evening gentlemen. I'm going to try not to use up more than my five minutes here. I
guess I've got a question for everybody here. I would like to know why we're here
tonight. Planning and Zoning denied this and yet it came before you all and now we're
back here discussing the same thing that they had over 40 pages of documentation of
why they denied this. It puzzles me, it really does. I don't know how this bureaucracy
works. We are a government for the people, not for business.
Rountree: That's why we're here.
Harrel: For the people.
Rountree: Correct.
Horrel: That's right.
Rountree: That's why this hearing is being held.
Horrel: That's right. But it seems that out of consideration to the business that this is
why we're here tonight not for the consideration of the people. If they are denied, they
have the opportunity to reapply and reapply and reapply. Once they are okayed we the
people have no recourse. We cannot come back and reapply, and say wait a minute,
time out. They won, but we don't agree with that. Agree? Oh, we can come back and
with another application for denial?
Rountree: This is taking away from your testimony time. If you want to debate that
Issue, we can.
Harrel: Okay. I guess what I would like to know, is there any residential property in
Meridian bounded by 100 foot signs? I think the answer to that is no. Ms. Butler said
the ordinances in the Comprehensive Plan is to protect, but it's to protect the residents
and everything has to be done in a balance, in a harmony. We keep on going to the
Texaco sign which to me is a moot point. Because that has nothing to do with this
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project. We're here to dispute the fact that the application for 100 foot sign that falls
within the immediate impact area of our residences, and that's what we're doing. We're
not here to dispute the fact that the Texaco station has a sign that's objective. Some
statements about signage for Home Depot and again what relevance does this all have
to do with McDonalds and Chevron and this project. Alii can say is gentlemen I love
living here in Meridian. We've got a great city. I've said this before. Part of the motto of
the city is it's a great place to live and I think we should keep it that way and really feel
that these types of signs are very inappropriate. Thank you.
Corrie: Thank you. Anyone else would like to testify?
Brown: Kent Brown, 3161 Springwood. Listening to the testimony of the experts, I was
curious about the sign. When I look at the site, it seems like St. Luke's is in the site
path of where that sign is going to be showing to the east. If the site distance is coming
at the location that they're talking about, that's right at the off ramp for the westbound
traffic. Do they have enough time for them to react and for them to be able to do that?
This is a comment that we brought up at Planning and Zoning. Is the overpass for
Cloverdale obstructing that site that when the westbound - can they really see that
sign? We're arguing over this sign because it's obtrusive to us as residents, but it's
obtrusive. Is really going to work?' Is it going to do the purpose and obviously the
experts have convinced McDonalds and Chevron that it is. But when I look at the site
and their own graphics and where those site distances are, even for the eastbound
traffic where the site distance is, is right there where the off ramp is. Traveling at 65
miles an hour, what's the reaction time for them to be able to pull off. With the other
developments that are going on in this corridor, this potentially in the Comp Plan with
the other businesses, the Holiday Express that's suppose to go in, is this sign going to
be able to be seen over the top of those new structures and the new proposed buildings
that would be in the industrial area or are we the only ones that are going to see it?
That's some of the concerns that I had as I look at this sign. My testimony in the
Planning and Zoning hearing also spoke to Chevron there on Milwaukee when we
talked about monuments signs, Billy Ray Strite had on his drawing he showed a
monument sign. We talked about is this really a sign that you're going to want to have
and then today we have a lot larger sign and a lot taller sign. Yet the Chevron I believe
at Milwaukee and - I'm trying to think of what that intersection is, Emerald. To me it
seems like that sign is a lower sign. It's closer to the ground. People are traveling in
congested traffic there and they have the ability to get off. Eagle Road has that same
ability with the lights and so forth that are there, and I don't believe that that sign is also
needed. Are there any questions?
Corrie: Thank you Kent. Anyone else issue testimony?
Kyler: Good evening, Mr. Mayor and Councilmen. My name is George Kyler, I work for
McDonalds restaurants in Lake Oswego, Oregon. A couple of things. I was in the car
driving around when we were looking for the best place to put a high rise sign that
would be visible from the interstate. In reality if you go to the northern most point of the
MERIDIAN CITY COUNCIL MEETING
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Eagle Partners' property, which is closest to the neighborhoods, then the vantage point
was seen north of the hospital and was a little more visible and we were compromising
by putting it further to the south. In our opinion is adequate reaction time to get oft the
interstate. I don't think it was something that the sign company sold us, because they
want to make money or anything like that. We were actually in the car and viewed the
entire site from both east and west. This is pretty typical to the signage that we have
throughout the interstate system. Whether you're in Mountain Home, which is about
100 foot sign with K Mart on a combined sign like this. Or you're in Jerome or Ontario,
we have residential I believe to the west of us here on 1 st Street in Meridian. I don't
recall ever having any complaints from anybody about the visibility of that sign or
disturbing them. When you're on an interstate highway, the need for a high rise sign
and the draw from the highway is substantial and can't be really related to something
like the outlet mall which not even a full menu and has hours of operation where they
are only open when the businesses are open. You can't compare it to a store on
Broadway or something else that's not geared to the interstate, so I just wanted to
clarify the difference in some of these issues, so I would be glad to answer any
questions you might have, but I just wanted to bring up a couple of the points.
Rountree: Any questions? Anyone else wish to testify?
Eddy: My name is Steve Eddy. I'm the Chevron proprietor for this location. I would just
like to clarify a couple of things and then get to Mr. Bentley's comment on the
monument sign. We just really feel that signage on Eagle Road is needed at that height
for the landscaping to see. I think all you people have been in the vicinity of the airport
station and we're basically proposing the same type of signage as airport, which the
Chevron / McDonalds sign the high rise is a lot larger airport than this one. Both signs
in case but the street sign is basically the same one. The other thing is the only sign
I've ever talked about in front of this Councilor the P & Z is a sign comparable to the
station on E. 1st in Meridian or the Locust Grove Chevron, which this sign on Eagle
Road is exactly the same sign. There's no difference. One other point of clarification is
these signs we buy. I buy from Chevron supplier. McDonalds buys from their supplier.
Idaho Electric does not benefit other than just the installation of these signs, so we've
done the studies in seeing that these signs are important for our business and our type
of use to survive. The freeway signs, you know, they help, but they help guide the
people off the interstate and then the people look because they're not familiar with the
area for the high rise sign of how close it is to the interstate. We think it's a key to have
both for our business to be successful. One thing I really feel strongly. I went and
looked at all the high rise signs in the area. I don't think this sign will intrude in the
neighbors' backyards in any way the way it's placed. We agreed fully that this sign
would be shut off at 11 :00 p.m. back on 4 to 5:00 a.m. We could live with 5:00 a.m. We
agreed, we don't want those type of people in the area at that time of night. That's who
we would be catering to. But when our business is busy, it's between 6:00 a.m. and
10:00 p.m. and we need that freeway exposure for those people to come trade with us.
Another thing is this project started so long ago, we have always thought we would get
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a high rise sign approved at this facility with the other high rises in the area. I know this
thing started three years ago. We tried to submit signs at one time. I krJow it's been
said a couple of times, but we've always felt that this is very critical for us at that facility
and that's alii really have unless any of you have any questions.
Corrie: Thank you. Anybody else would like to testify?
Bowen: My name is Ann Bowen and I live at 3067 Autumn Way. I have a couple
thoughts. First of alii think the human race is much smarter than this sign man is giving
us credit for. I can drive down the freeway and see a sign that's big that says these
services are available at the next exit. My three year old can point that out and tell us
which way to go. I don't think they need to be 100 feet high in order for people to see
those and understand them. We took a trip down to Utah last weekend and all the signs
are about this big off to the side and it was very easy and it doesn't block the beauty of
the landscape. The other thing is there was a little comment in the Statesman last week
that somebody wrote about the RC Willey sign and it started out bigger is not always
better, and I won't read it all but the end is signs are meant to identify a business, not to
be used for advertisement. Identifying a business isn't 100 feet up in the air. It's an
advertisement and the other thing that I'm concerned about is I would like to be proud to
live in Meridian and if we have signs all over Eagle Road, it's not going to be a pretty
entrance to our city. And I would hope that you care about that too and we can make it
look like a nice place.
Corrie: Thank you.
Brown: My name is Debbie Brown. I live at 3161 Springwood. I appreciate the hour is
late. I appreciate you being here Mayor and Council members. I hope to make this
short. For your information, I have been appointed to be on the new committee that is
coming up with a sign proposals and the new sign ordinances and in the few meetings
that we have had we had to discuss signs such as this sign. The consensus has been
this is something that we don't want to have. This is something that we want to try to
avoid and more than once the idea of a quote monument sign has come up, and we're
going to come up with some guidelines and some specifications as to what a monument
sign is. The guidelines as to the height, the width and such and so we have used this
sign as something that we in general were all discouraged about having because it
produces a negative effect as someone enters the citYJ and I agree with Ann Bowen that
just spoke that we can have smaller signs as guidance signs along the freeway where
they can see one sign saying "x" businesses coming up, a sign a little bit further down
the road that would say turn off at this exit. That would be something under another
jurisdiction other than Meridian City, but it's something that we could propose and look
into. This business has been considered as an interstate business. In my opinion it is
not an interstate business. This is a business that is directly affecting my neighborhood
and the area that my children are being raised in and they said that this sign thafs going
to be proposed has a metal barricade that goes around which would be the area that
faces my bedroom window. I'm currently affected by the same type of metal case that
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goes around. If I choose to sleep with my blinds open, I cannot sleep with the light that
reflects around that metal barricade and comes into my window, so it is personally
affecting me. If you notice where they have the sign placed, they're only discussing the
homes that are directly to the side of this sign. If you go down further into our
neighborhood, you can see the frontage of that sign not just the side components so
that's something that we would be affected by. The time slot they have deemed it would
be turned off and turned on, I sleep later than 4:00 a.m. That's my goal at least. If the
sign comes on at 4:00 a.m. I think that that's not the type of alarm clock that I want to
have. Another point that I want to point out is they've pointed out here where the line is
showing where the view of the light is shown on to the freeway. St. Luke's is only in a
beginning portion of its phases. There are yet many phases to be developed and I
believe that some of those phases could intrude on their projected sign. In other words,
it wont' be able to show on to the freeway like they're proposing so I don't see that the
need that they have to have it that tall will be defeated once that hospital is completed.
That's alii have to say. Any questions? Thank you gentlemen.
Corrie: Any questions? Anyone else to testify? Hearing none, one of you can rebuttal
and that's -
Butler: Thank you Mr. Mayor, Council members. I hope I'm not too disjointed, but just
try to answer some of the questions that have been raised. A good question raised by a
gentleman in the audience is why are we here tonight? We are governed by the
ordinances and in fact on the date of our application your sign ordinance would not
prohibit this signs that we proposed so like the gentleman in the audience, quite frankly
we raise the questions of whether we legally even need to be before the city, but we
area trying to work with the city to work within your conditional use requirements and
looking for reasonable regulations imposed on the sign to ensure compatibility. Signs
are commercial speech. Our constitution protects it. It allow municipalities to impose
reasonable regulations. Signs are not only for identification of business, they are for
speech and that does include advertisement. This is a conditional use that's before you
and we are granting that will allow the city to look at reasonable regulations. Although
we question that under the sign ordinance, but under a conditional use this is not a
prohibited use. It's a use that the city has acknowledged it's permitted, but could affect
nearby properties and so you reserve the right to hold public hearings like tonight for the
benefit of the people, both the businesses and the neighbors to try to impose
reasonable regulations to ensure compatibility. This sign is over 600 feet away from the
existing residential area. So we're asking you tonight to weigh the testimony and give
due weight to the professionals that have given you that testimony. It's due the weight
that our courts have said it is due. We are asking you to incorporate into the record all
of your sign approvals in your files in Meridian in close proximity to the major highways
and in close proximity to major arterials and major highways and arterial streets. If you
do deny the application in whole or in part, we are asking you to tell us what we need to
gain approval and to tell us in detail why the application would be in any way denied.
With that I just want to repeat what the Planning and Zoning Commission and if you look
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MERIDIAN CITY COUNCIL MEETING
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at the testimony of the Planning and Zoning Commission, they gave no reason for
denial. A couple of the commissioners, especially Ms. De Weerd, who is in the
audience tonight talked about the fact that she wanted more information about
illumination and reflection and I think the sign people have responded to that tonight and
also responded by this owner going through great detail to show you how they tried to
locate this to be as unobtrusive as possible and still maintain the business identification
and advertising that it requires for any business of this sort and offering conditions of
approval that this Council could apply. To be off the McDonalds on Eagle Road
between 12:00 a.m. and 6:00 a.m. and for the pylon sign to be off between 11 :00 and
4:00 and as you heard Mr. Eddy has said that a 5:00 timeframe would be all right.
Incorporating the Planning and Zoning Commission's testimony, you have heard that
there are a number of signs in the general vicinity along the freeway or in close
proximity that are perhaps 80 feet, 77 feet, 85 feet, 60 feet. My client has said that
because the Texaco sign is at 77 feet that they would offer as a condition of approval to
be at that height. At that point I think that the conditions of approval that we are that the
P & Z Commission would have imposed and that the Council would have imposed
would be reasonable regulations that this applicant can live with and we hope that our
neighbors can too, and I hope that our neighbors have seen our willingness to be here
for many years trying to work this through with them. So with that I'll stand for any
questions. Mr. Mayor I also wanted to say that I'm assuming that you will be redrafting
the findings and conclusions based on the testimony here tonight and your deliberations
rather than go back and review the findings that were provided to you by the P & z.
There were a few minor issues in there that we would take issue with, but I think that's
probably by the wayside because you'll probably be redoing this and I just want to
clarify to see if that's correct.
Corrie: Thank you. Any questions?
Butler: And is that correct? Okay. You will be redrafting your findings?
Corrie: I'm sure we probably will unless we adopt what's already there. Council any
other questions of staff or people? Hearing none, I'll entertain a motion to close the
public hearing on item number 20.
Bentley: So moved.
Anderson: Second.
Corrie: Motion is made and second to close the public hearing on item 20. Any further
discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Corrie: Staff any comments? Hearing none, I will entertain a motion for the request for
conditional use permit on signage.
Gigray: Mr. Mayor and members of the Council, just a point of procedure here and
information. How you deliberate on this and what your ultimate motion would be, I
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MERIDIAN CITY COUNCIL MEETING
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would recommend that we would do new findings on this and proposed order depending
on what your decision is and that proposed order would address the two questions.
One would be the appeal that has been (End of Tape)
Gigray: ... from the applicant as well as whether or not you would affirm or otherwise
change any of the decisions and recommendations of the Planning and Zoning
Commission which are before you. The appeal is limited to the issue of the Planning
and Zoning Commission's denial of the request for modification of conditional use
permit for the 100 foot sign and the Planning and Zoning Commission then granted the
application for modification of conditional use permit for the other two proposed signs,
the monument sign and I believe the other sign that is along Eagle Road submit to
some conditions that were stated in that action, but I think we could in one document
one set of findings and one order address all of those questions, but we would
separately address them in a proposed order back to you so that it's clear that you have
a ruling with regards to each of these pending matters.
Corrie: Okay. Take it whichever way you want to go. The appeal and then the
changes of the conditions of Planning and Zoning, so how do you want to state it?
Rountree: I'm not sure I'm awake enough to do it, but Mr. Mayor, I move that we have
the City Attorney prepare Findings of Fact and Conclusions of Law and Decision and
Order as it relates to the conditional use permit for signage of Eagle Partners, that the
findings and order reflect and include the recommendation from Planning and Zoning
and that the findings and conditions further include denial of the appeal.
Corrie: Do I have a second to that motion?
Anderson: I second it.
Corrie: Motion is made and second to have the attorney draw up the Findings of Fact
and Conclusions of Law and Order denying the appeal and to use the conditions of the
Planning and Zoning Findings of Fact and Conclusions of Law as well. Is that correct?
Rountree: Close enough.
Corrie: Any discussion?
Gigray: Just for purposes of information and record we prepare those findings for the
next meeting and they're in your packet prior to the meeting so you can review those as
you see them and you can make changes and you know it's not until you adopt them
that they become final. So that gives you another shot at it.
Corrie: We have a motion on the floor. All those in favor of the motion say aye.
MOTION CARRIED: 3 AYES, 1 ABSTAIN.
Butler: Mr. Mayor may I ask for a clarification. Our understanding at the Planning and
Zoning Commission was is that there is no appeal. That we were told by staff that we
were to file an appeal although your ordinance would have it be a recommendation only
to this Council and that as you know that on your agenda tonight the appeal is not listed,
MERIDIAN CITY COUNCIL MEETING
AUGUST 171 1999
PAGE 69
and I believe the Planning and Zoning Commission with our acquiescence we withdrew
that appeal with the understanding that we would be taking before you only the
recommendations of the P & Z.
Corrie: Now we're getting into -
Gigray: I'm not sure I understood what that was.
Corrie: I don't think I did either. One more time JoAnn.
Butler: Okay, Planning and Zoning Commission had an application before it for three
signs. The Planning and Zoning Commission made a recommendation of two
approvals and one denial. Staff members told our client that they were to file an appeal
on the recommendation. Of course it wasn't a final decision from which to appeal
because only a recommendation was coming up to this Council. So I think there was a
miscommunication between staff members and us and that in effect there should not
have been an appeal filed because there was no final decision. And maybe you would
like to -
Corrie: We can consider it, but I still think that the motion also included that
recommendations of the Planning and Zoning Commission be followed by the Council
as well.
Butler: It's just a clarification.
Corrie: Okay, thank you.
Butler: There is no appeal.
21. PUBLIC HEARING: REQUEST FOR VARIANCE TO REDUCE SETBACK BY
GENE KLEFMAN AT LOT 10 BLOCK 3 OF LAKES AT CHERRY LANE NO.2:
ATTORNEY TO PREPARE FINDINGS FOR APPROVAL)
Corrie: I'll open the public hearing for this variance for the Lake at Cherry Lane No.2
and invite staff comments first. Do you have any comments on this one?
Siddoway: Staff has no comments on this application.
Gigray: Is there a record of this particular matter because there's going to need to be
some kind of record before the Council of the application. That an application has been
completed and I'm not sure - was that handed out?
Corrie: Do we have an application?
Gigray: I mean there has to be I would think some record that we've got something
that's properly before you.
Rountree: I have a hearing notice.
Gigray: But I mean if I'm directed to make findings, I'm going to want to make sure
there's a record that I can rely upon that -
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Rountree: The application is in the file.
Corrie: Okay, it just didn't get in our packets. All right. Since this is a public hearing, I
will invite the owner I assume that's who you are.
Klefman: This is new to me, so if you think you're confused. Mayor and City
Councilmen, I'm Gene Klefman at 3725 N. Sea Cove Way which is the property in
question. My wife and I knew I was going to retire so we entered into a contract with a
builder a local builder in the fall of 1988 and they've got the house done in 1989. I was
still employed and traveling and so I had to leave it in his hands and by the contract we
had with him, he would get all the permits and variances because I was never home.
So until this year when we decided to try to upgrade our home for two reasons. Number
one, we've lived there for ten years and Sea Cove has been a dead end street and all of
a sudden it's opened up and we got a lot of nice homes. We'd like to upgrade our home
to bring property value a little bit more in line. Number two, we originally wanted that
home to face toward Harbor Point. The contractor said oh yeah it will so we put out the
money to Mr. Barney and bought the lot and then after he gets to laying it out, it won't fit
so he had to turn it so it faced Sea Cove Way. Well the problem is and we didn't realize
it at the time that put the back of our house facing the very southwest sunset and you
can come to the back of my house any time around 4:00 on 7:00 it's 110 degrees out
there and we just have no patio, no place to be cool. So we got a hold of a remodeler a
local remodeler through my insurance company that recommended him and he come in
with a design and that design said let's replace this existing porch and at the same time
we can add a gable there and give you a covered patio and that will give you some
more shade. So boy this sounds good so $20,000 contract later and he goes to work
and he finds out that well the presumption is we already have a variance. The trouble is
when you go and look, there isn't any variance. So your staffing folks worded it
correctly. They said an existing encroachment. Weill didn't know that I was
encroaching. I thought I had a variance. Now if you look at the handout I gave you, you
can see that the property line is quite your regular. It's very difficult to put anything
square on that piece of property. Nevertheless, what I've tried to do is not make a
profit. I just tried to improve my home and gain a little bit of shade and we're elderly.
I've been retired ten years, and we'd just like to have a place that we can enjoy and stay
in Meridian, and so I'm at your mercy and I put it in your hands, gentlemen. If you have
any questions.
Corrie: Any questions? Is there anyone else who would like to issue testimony in this
case? I guess there's just the two of you. Okay, do you have any other questions?
Staff? If not I'll entertain a motion to close the public hearing.
Bird: So moved.
Bentley: Second.
Corrie: Motion made and second to close the public hearing on item number 21. All
those in favor say aye.
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PAGE 71
MOTION CARRIED: ALL AYES.
Corrie: All right. I have a motion then for then for the variance request at Lakes at
Cherry Lane No.2 by Gene and Rose Klefman.
Bird: Mr. Mayor, I'll try to struggle through this. I move that we approve the variance for
Gene and Rose Klefman at the Lakes at Cherry Lane NO.2 Subdivision to allow an
encroaching kitchen addition to be installed in lieu of the encroaching original porch and
reduce setback to 12 feet which is generally located on lot 10 block 3 of the Lakes at
Cherry Lane NO.2 Subdivision. Findings of Fact and Conclusions of Law and Decision
and Order.
Bentley: Second.
Corrie: Motion is made and second that we approve the variance as requested. Is
there any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Bentley: No more additions on the back now. We're sorry to keep you here that late,
but you'll get to sleep before we do.
22. WATER / SEWER / TRASH DELINQUENCIES: (DO NOT HAVE REPORTS)
Corrie: We don't have at this time because of the computer program. We'll have it next
time.
Bentley: Good, I'll have mine paid by then.
23. DEPARTMENT REPORTS:
1. GARY SMITH:
A. CHANGE ORDER NO. 1 FOR WELL NO. 18 PUMP AND
PUMPHOUSE: (APPROVE)
Smith: Thank you Mr. Mayor and Council members. The first item I have is change
order number one for the well no. 18 pump and pump house project. This is a final
adjustment to the bid quantities for the project. The majority of the costs as I've noted in
my interoffice memo to you has to do with replacement of sod and sprinkler system that
got kind of torn up with the drilling of the well. We had a problem with the weather
conditions at the time that the well was drilled. And the fact that the park area or the lot
that we were drilling the well on had been sodded by the homeowners association and a
sprinkler system had been installed by them. So we replaced those two items. Such
that the ground surface would be restored similar to what it was when we started. This
will close out the contract with Iminger Construction for this project. If you have any
questions, I'd be happy to answer them.
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PAGE 72
Corrie: Council, any questions?
Bird: I have none.
Corrie: Okay, I'll entertain a motion on the request for change order number one at well
no. 18 pump and pump house.
Rountree: Mr. Mayor I move that we approve change order number one for well and
pump house at well number 18 in the amount of $6,012.19.
Bird: Second.
Corrie: Motion made and second to approve the request for change order number one
on well number 18 pump and pump house. Any further discussion? Hearing none, all
those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
B. CONSTRUCTION INSPECTION - WASTEWATER TREATMENT
PLANT PROJECTS: (APPROVE)
Smith: The second item is a proposal for construction inspection at our Wastewater
Treatment Plant. I've been concerned for some time now that we've been getting
adequate inspection and we've been relying a lot on what time my staff was able to
particularly, Brad Watson, was able to spend out there, which has been very limited and
time that John Shawcroft and/or his assistant superintendent was able to spend looking
after the construction. The consultant on the - all the consultants on the design projects
have taken responsibility and we pay them for additional services to inspect the projects
at specific times. Both Brad Watson and I felt that we needed better inspection because
there is so much of the projects that are below ground after they're completed, so we
had been in contact with one of the consultants that's working out there and they had in
the past hired services of Ed Akenman to do contract inspection work for them. We
contacted Mr. Akenman and he subsequently presented us with a proposal to do this
inspection work on a contract basis and it's not a full time basis. It's as needed, but he
would be available at the times that inspection is required. We have set up a or can set
up a location for him at the plant where he can have a desk and file cabinet and I
believe he has a cell phone that he would use and/or phones that we have at the plant
that he could use. He comes with a lot of experience. We're very impressed with his
background in the construction field and we think he'll do a great job for us. We've also
talked to both design engineers for the two projects that we have in mind for him to
watch over right now, and they don't have a problem with him doing that work as long
was they are kept in the loop during the inspection times and advised of anything that is
out of line with the contract documents and obviously he will need to keep them
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MERIDIAN CITY COUNCIL MEETING
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involved if there are some problems that need to be resolved by the designers
themselves. He's agreed to that also. So he's a very responsible individual and like I
said he's got a lot of experience and so I would request we move ahead and retain him
by contract or the two projects that are presently under construction out there.
Gigray: Mr. Mayor and members of the Council, I might also say I reviewed this
contract and I would say of the ones I've seen that have been submitted, this is one of
the best ones I've seen. We don't have the indemnity clauses where we indemnify
them against their own (inaudible). We don't have the limits of liability. I am really
concerned about the stuff that's getting thrown at us and this one I think is a very
appropriate document for this kind of thing.
Bird: I disagree. I think some of your insurance coverage is too cheap. $500,000 for
automobile per occurrence should be $1,000,000. State and city requires any contract I
have with you, you would make me have $1,000,000.
Gigray: I'm just talking about the form.
Bird: I think that it's a good consultant thing. Is this guy going to be doing - excuse me
Mayor, can I ask a question? I'm sorry. Is he going to be doing the inspection for the
owner?
Smith: No, he's a contractor for us.
Bird: That's what I mean for the owner which is us. Isn't that what we hire our
architects and our engineers to do that we've already got contracts with?
Smith: Well yes, sir. The contracts that we have with them on this particular type of
work is a time and material basis so we pay them whatever time they're out there. The
hiring of this person as a contractor will eliminate that cost that we would normally pay
them.
Bird: When they do their design, they do that on an hour?
Smith: Not the design, the inspection.
Bird: But part of the design and your contract is part of seeing that it's followed through.
It's like an architect, it's like take the fire station. Mike and Paul are responsible until
that thing is turned over for inspections and everything else.
Smith: Right and we -
Bird: I'm asking a question Gary. I'm not-
MERIDIAN CITY COUNCIL MEETING
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PAGE 74
Smith: Right, we've worked that out with the design engineers and we've told them
what we want to do that we want to hire this person as our contract inspector to inspect
the work as it is constructed, and they don't have a problem with letting us do that.
Bird: Well the $40 is very cheap for the expertise that he's got.
Smith: Yeah, we thought it was a pretty good rate.
Bird: It is. Other than his liability and stuff has to be $1 ,000,000 because I think if you
will look, any contract, any specs in a public job requires $1 ,000,000 with a $2,000,000
overhead or some of them even go $4,000,000 limit.
Smith: Most of the certificates of insurance that we get on a contract are for projects
have those limits on them.
Bird: Well you consultant has to have the same because he can cause a lawsuit the
same as the general contractor could be identified in a lawsuit especially if he's doing
the inspection for us and on that contract that would be the only thing I would see. The
insurance requirements have to get up to state levels.
Anderson: Gary, Keith just made me think. In the contract like we have in the fire
station that construction management or overview was part of the original proposal so
are we paying for that service twice? I mean we already paid for it with the design
engineer or was that left out of that?
Smith: No that portion what we paid the design engineer was for the preparation of the
design was a lump sum amount. These other services are what they call additional
services and they're on a time and material basis so they're just on as needed as the
designer feels the service is needed to the extent that they feel it's needed and it
principally has to do with preparation of payment estimates for the contractor, inspection
of the project at various stages such as checking excavation, they check the forming
and the rebar placement prior t concrete pours, and they check various things
throughout the progress of the project, but they're not out there all the time. And Mr.
Ankenman won't be out there all the time either. But he will be there all the time when
it's necessary for him to be there.
Anderson: So should this help save of the costs like some of the foul ups we had with
the last expansion out there with walls falling over that -
Smith: No, it won't take care of a situation like that. Because that just happened from a
previous construction. But and I can't address that because I don't know what caused
that or why it what happened happened. I don't know. There could have been some
MERIDIAN CITY COUNCIL MEETING
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PAGE 75
inspection problems on that job that caused rebar to not be placed in the right position
that caused the failure, I don't know. But the thing that we have to do is at the end of
the project we have to submit a certification to DEQ that the project was designed in
accordance with the approved plans and specifications and the way it's been, we're
saying yeah, but not very firmly. This gives us a better handle on what's actually done
and what's done is done in accordance with the specifications and the drawings. It also
ensures since so much of this project is underground that what's done is done in
accordance with the plans.
Anderson: Is this contract, is it set up similar to the plumbing and mechanical and
electrical inspectors so it doesn't imply that he's a city employee entitled to benefits and
retirement and all that?
Smith: I think so. I think Mr. Gigray reviewed it in that light.
Bird: He has to furnish us all those certificates for his company.
Corrie: Any other questions? Mr. Rountree, do you want to bring the motion?
Rountree: Mr. Mayor I move that we enter into a contractual agreement with Akenman
Construction to hire construction inspection activity at the rate of $40 per hour not to
exceed an expenditure of $45,000 for the two construction projects at the Wastewater
Treatment Plant, authorize the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the construction
inspection contract and the Mayor to sign and the City Clerk to attest. Any further
discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
C. CONTRACT MODIFICATION - USTICK RESERVOIR &
BOOSTER PUMP STATION: (APPROVE)
Smith: Thank you Mayor and Council. The next item I have is the contract modification
number one for the Ustick Reservoir and Booster Pump Station. This is a modification
to the contract with McAlvain Construction for 22 days of time added to their contract
time. This extension was requested by McAlvain and it was requested on the basis of
inclimate weather during the month of February and I had CH2M research the
climatolgoical data for that period of time and they came back with a report that
February of 1999 rainfall ranked third out of 60 years of record that's been kept by the
weather bureau. So on that basis, it was their recommendation to me and I passed that
MERIDIAN CITY COUNCIL MEETING
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PAGE 76
recommendation on to you to increase the length of time for the contract of McAlvain
Construction to build the water tank and pump station from July 8th, 1999 to July 30th,
1999. This is a time only increase in the contract. The amount of the contract does not
change.
Corrie: Any questions of Council?
Bird: Yes, Mr. Mayor. Gary, now if I read this right, the revised says July 30th.
Smith: Yes, sir.
Bird: And they signed this on July 24th knowing they had just five days to complete the
job?
Smith: Right. We had requested this for some time and we just finally got it. This is -
Bird: What is their liquidated damages Gary?
Smith: $750 per day. I've notified the contractor that he is on - we are claiming
liquidated damages on the project. Their bonding company has been notified also.
Those letters went out today.
Bird: Let's get somebody's attention. How far away are they really away from finishing?
Smith: Well they've given us a revised schedule of September 8th, but in talking to
CH2M unless things really fly fast we're going to be into October.
Bird: I was going to say it looks like to me they're along September 8th would be a
miracle because they've still got a lot of stuff hanging around there.
Smith: DYK is on the site now with their pre-stressing machine setting up to wrap the
tank. In fact they're going to have some kind of - I got an invitation today in the mail
they're going to have a formal presentation on the 25th I believe it is with a lunch at
Spurwing and a demonstration of the wrapping process afterwards.
Bentley: You going to put a bow on it?
Bird: Is this part of their contract or is this a separate contract, the wrapping?
Smith: No, it's part of the construction with -
Bird: Part of McAlvains?
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MERIDIAN CITY COUNCIL MEETING
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Smith: Yes, sir. It's part of the tank right.
Gigray: You sure that isn't music.
Bird: I wonder if these poor guys know they're in penalty already. No, I mean the
wrapping company.
Smith: Oh, the wrapping company, I don't know. YeahJ it's a contract. It's one of their
subcontractors.
Rountree: Mr. Mayor I move that we approve the 22 day extension of time to the Ustick
Reservoir and Booster Pump project to completion date of July 30th, 1999, with no
increase in contract dollar amount.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the contract
modification. Any further discussion? All in favor say aye.
MOTION CARRIED: ALL AYES.
D. BID RESULTS / AWARD 1999 WATERLINE PROJECT PHASE 1
OVERLAND ROAD TO EAGLE ROAD: (APPROVE)
Smith: Thank you Mayor and Council. The next item I have is the report to you on the
bid opening that we held on August 12th for the construction of a waterline project phase
one. There were six bids that were opened. The letter that's in your packet from JUS
Engineers to Brad Watson lists those six bidders. Brown Construction is the low bidder.
$152,516.25. This will construct the waterline along Eagle Road in front of St. Luke's
south to a point where we will cross under Eagle Road with a bore exiting at the north
side of the proposed Holiday Inn Express Motel continuing on to the west to Allen Street
and then south and west along the frontage road to 1-84, and looping over to I think they
call it Wells Circle and ending the terminus at this piece of the project ends at a point
between Mr. Fuhrman's property and Ms. Burkett's I think Buckert's property on the
north side of the interstate. On the south side of the interstate this project will extend
the waterline in Overland Road from the property line between Mr. and Mrs. Peck and
Van Auker used to be the Thomas property west and connect to CESCO. And the
developer Craig Groves and Gary Voigt will be and they just opened bids on that project
will be extending water from connecting these two points so that we have a water line
extension under the interstate.
Bird: Gary, you know, how comfortable to do you feel with Brown Construction's bid?
mean at least $70,000 under the estimate. He's $25,000 under the next bidder.
(
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MERIDIAN CITY COUNCIL MEETING
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Smith: I did not talk to Brown's to ask that question, but I haven't heard a word from
anybody that there's a problem. JUS hasn't contacted us. Apparently Brown hasn't
contacted them. They're a very reputable company.
Bird: Yeah, I know they're very reputable.
Smith: I would suspect they were also low bidder on the other piece.
Bird: That probably adds up then.
Smith: That Voigt and Craig Groves bid, so they would be the contractor on the whole
thing assuming they're awarded that other piece too.
Rountree: Mr. Mayor I move that we award the bid to Brown Construction for the
waterline project phase 1 Overland Road at Eagle Road in the amount of $152,516.25.
Bird: Second.
Corrie: Motion made and second to award the bid to Brown Construction Company in
the amount of $152,516.25. Any other discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES.
E. AMENDMENT TO EASEMENT AGREEMENT WITH B & F
ENTERPRISES: (APPROVE)
Smith: Thank Mayor and Council. The last item I have is a request for signature on an
easement agreement between B & F Enterprises. This has to do with our water sewer
line extension under the interstate. 8 & F Enterprises owns a piece of property on the
north side of the interstate. It's also bordered by Well's Drive I believe it is and we
would be extending sewer and water along their west boundary. We originally had a
sewer easement from 8 & F Enterprises for the line that was to be extended several
years ago by the developer which didn't take place. Now that we're also extending
water through there, we went back to this property owner and requested an amendment
to that agreement and that's what I've presented to you this evening. All is well with the
agreement. There is one stipulation that 8 & F Enterprises asked for and it's inserted
here as item 2.3 under section two that if a waterline or sewer line is not constructed in
the easement area within two years of the date of this amendment is signed, this
amendment and the sewer line easement dated 22 December, 1995 will become null
and void. That's not an issue because we're going to proceed with the waterline. But B
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MERIDIAN CITY COUNCIL MEETING
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& F wanted that inserted into this amendment and Mr. Gigray has prepared this I
believe. Is that correct?
Gigray: Mr. Mayor and members of the Council, that's correct. We did prepare it and
I've worked with Gary on this and we've gone through a number of avenues about how
this could be done, and I think we've come up with the best solution all the way around
and I think Gary is satisfied that the work can be done, and I think what we would do
and my recommendation to Gary is once the work is completed that we should file some
type of certificate that we would record that the city has completed the work in
compliance with that so there's no ambiguity in the record that we have completed one
or both of the lines.
Corrie: Any further discussion?
Rountree: Mr. Mayor I move that we approve the amendment to the easement
agreement with B & F Enterprises, authorize the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the amendment of
the easement agreement. Any further discussion? All those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES.
2. KENNY BOWERS:
A. COLLECTIVE LABOR AGREEMENT WITH UNION #2311: (NO
AGREEMENT)
Bowers: Mayor Corrie and City Council, on the contract with the union, we have not
come up with an agreement yet to satisfy both parties. We are going to try to meet
again next Wednesday night the 25th if you can make it and see if we can finalize it at
that time. I do have a question on a contract though. We was presented a proposal by
Emergency Services Consulting Group to evaluate the fire department. The price was
$24,600. I had Mr. Gigray go through the contract in the book. He said he did not have
any problems with the wording. It was very well worded out. His concern was where
the RFP was at and where the other bids were for this project. At this time, I had
mentioned that ~o Ron. He doesn't know of any other companies that do evaluations for
fire departments, so we are thinking maybe this is a single item possibly that maybe we
would not have to have an RFP or maybe three bids for it.
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MERIDIAN CITY COUNCIL MEETING
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Corrie: Kenny, you're probably right, but that wasn't in your agenda. If it's going to take
a Council decision I would rather you do it next the September meeting. We are
running a big problem with time.
Anderson: Well we had budgeted the money in this year's budget. If we don't use that
then there's no appropriation in next year's budget to have that evaluation done.
Corrie: (Inaudible)
Anderson: I think most of those when you have them done I think require about
(inaudible).
Bird: But if you enter into the contract Ron before October 1st it still has to come out of
this money. Don't it?
(Inaudible)
Bird: If we pass it on the 7th, will that give you time to get it signed? And did we put out
an RFI or is this the gentleman that come in and was very impressive?
Anderson: (Inaudible)
Bird: Yeah, I don't either and I don't know on a consultant do you have to have an RFI?
Do you have to - if it's under $25,000, do you have to have three bidders as a
consultant? I don't know.
Gigray: If they're not engineers or architects or whatever covered under that statute, I
don't know that these guys are.
Rountree: But yeah they wouldn't be covered under the professional agreements
clause, but I think since it's under $25,000 we're probably all right.
Bird: You don't have to have the three bids then. We'd be all right.
Gigray: I don't think it hurts any to put on the record that there's no knowledge of any
other persons that can perform this function.
Corrie: Under those conditions it's not publicized as that and if you can have them do it
the 7th, I'd be more comfortable with the fact that we didn't put it on the agenda.
Because we're making a decision that wasn't publicized. Okay, what else do you got?
B. LINE ITEM ADJUSTMENTS: (APPROVE)
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Bowers: Budget line item changes. I ran over on my vehicle maintenance again this
year, and I have switched from some funds from the building fund, the fuel fund and the
ICRMP fund to make up $5,000 in the vehicle maintenance. I thought maybe I'd try to
do that tonight before the rush hits next month. Is there any questions on why we went
over?
Corrie: Any other discussion or question on that?
Anderson: I would make a motion that we approve the line item transfers in the fire
department budget in the amount of $5,000 to be transferred into that vehicle
maintenance.
Rountree: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Rountree to adjust the line item
transfer of $5,000 to vehicle maintenance. Any other discussion? All those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES.
Bowers: Mayor Corrie and City Council, I wanted to keep you in the loop on the new
fire station being built. ZGA has contracted with Materials Testing and Inspections to do
the masonry, the concrete testing, the asphalt testing and the soils testing as they go
along and construct it. It will be right around $3,000.
Bird: Who was that firm?
Bowers: Materials Testing and Inspections.
(I naud ible)
Bowers: Thank you Mayor and Council appreciate it.
Corrie: )'11 entertain a motion to adjourn.
Bird: So moved.
Anderson: Second.
Corrie: Motion made and second to adjourn. All in favor.
MOTION CARRIED: ALL AYES.
(
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 82
MEETING ADJOURNED AT 12:35 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APP VED:
ATTEST:
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AU6 1 3 1999
CITY OF ~IERIDIM~
To: Mayor Robert Come and City Council
From:K.W. Bowers
cc: file
Date: 08/12/99
Re: Line Item Budget Adjustment
Meridian Fire has spent more funds than was budgeted in the vehicle maintenance
line item. We would like to shift funds from other line items to cover the funds.
2210-53100 is for vehicle maintenance and repair. We went over because of
replacing brakes on several trucks.
. Page 1
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AUGUST 17. 1999
MERIDIAN CITY COUNCIL MEETING:
APPLICANT:
REQUEST: WATER I SEWER I TRASH DELINQUENCIES
AGENDA ITEM NUMBER: --11
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A TIORNEY:
CITY POLICE DEPT:
CITY FIRE OEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
COMMENTS
~)./
~~
or
Jfl yv
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at pUblic meetings shall become property of the City of Meridian.
MERIDIAN CITY COUNCIL MEETING:
APPLICANT:
REQUEST: APPOINTMENT OF NEW P & Z COMMISSIONERS
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE OEPT:
CITY FIRE OEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
AUGUST 17. 1999
AGENDA ITEM NUMBER: -L
I~ I.vV
vV ~VV.~{V'v
{LAY
MERIDIAN CITY COUNCIL MEETING:
AUGUST 17. 1999
AGENDA ITEM NUMBER: -L
APPLICANT:
REQUEST: FULL TIME MAYOR ORDINANCE
AGENCY
COMMENTS
SEE ATTACHED MINUTES & ORDINANCE
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE OEPT:
CITY BUILDING OEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
t
v.J-/
(1 ~(O ?
t to
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRtGA TION:
JDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at publiC meetings shall become property of the City of Meridian.
MERIDIAN CITY COUNCIL MEETING:
APPLICANT:
AUGUST 3.. 1999
AGENCY ITEM NUMBER: -L-
REQUEST ORDINANCE FOR FULL TIME MAYOR
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED ORDINANCE
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING OEPT:
k:Eef Gl/J~1i)Jcr
oePJI\JAAXE
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
interoffice
MEMORANDUM
From:
Marlene St. Geo .
RECEI\JED
J U L 2 9 1999
CITY OF MERIDlAl'I
To:
William G. Berg, Jr.
Subject:
ORDINANCES FULL-TIME MAYOR
Date:
July 29, 1999
Will:
Please find attached the original of the ORDINANCE AMENDING
PROVISION FOR MAYOR, which pertains to the Mayor being a full-time position.
I have also attached the original of the CREATION OF FIRE DEPT.
ORDINANCE. (I previously faxed over this ordinance so Linda could malce copies
for the packets.)
If you have any questions please advise.
RECEIVE[
() ~UL 2 8 ~g~g
~ Alt~t of MendIan
1I~~lel'k Office
~
CITY OF MERIDIAN
ORDINANCE NO.
BY COUNCIL MEMBER:
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING
SUBSECTIONS 1. AND 2. AND PROVIDING FOR A NEW SUBSECTION 3.
AND RENUMBERING THE SUBSECTIONS THEREAFTER; PROVIDING THAT
THE DUTIES OF THE OFFICE OF THE MAYOR BE A FULL TIME POSITION;
PROVIDING THAT THE MAYOR IS THE CHIEF ADMINISTRATIVE OFFICIAL
OF THE CITY AND SHALL PRESIDE OVER MEETINGS OF THE CITY
COUNCIL AND DETERMINE THE ORDER OF BUSINESS, SUBJECT TO THE
RULES OF THE COUNCIL, AND TO HAVE SUPERINTENDING CONTROL
OVERALL OFFICERS AND AFFAIRS OF THE CITY, PRESERVE ORDER, AND
TAI<E CARE THAT THE ORDINANCES OF THE CITY, AND THE PROVISIONS
OF THE IDAHO STATE LAW GOVERNING MUNICIPAL CORPORATIONS
ARE COMPLIED WITH; AND PROVIDING IN THE RENUMBERED
SUBSECTIONS 4. 5. AND 6. A CHANGE OF THE WORD "HE" TO THE
WORDS "THE MAYOR" ALL IN SECTION 3 OF CHAPTER 6 OF TITLE I
MERIDIAN CITY CODE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, IDAHO:
SECTION I: That Subsection A. I. and 2. and providing for a new subsection
3. and renumbering the subsections thereafter and providi11g for the new subsections
4., 5., and 6. to change the word "He" to the words "The Mayor" in section 3 of
Chapter 6 of Title 1 Meridian City Code of the City of Meridian be amended and the
same is hereby amended to read as follows:
1-6-3 A. Generally:
.-"
I. The I\1aJ~or shall dC"'vyotc so luueh of his tini.c to the duties of his office as
all efficicr'Lt and faithf"LIl discharge thercof ITLay~ require. The efficient
and faithful discharge of the duties of the office of the Mayor shall be a
full time elected position.
ORDINANCE AMENDING PROVISION FOR MAYOR - I
J f,e- t1
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2. He shall [r0111 ti111.C to ti111C giv'"c tIlc Council suel.. ir'lfor1nation , a1ld
rcc01nnLc1Ld such 11lcasurcs as ILc 11lay" dCCI1L bCILcficial to tILc City". The
Mayor shall be the chief adn1inistrative official of the city, preside over
the meetings of the city council and determi11e tl1e order of bllsiness
subject to such rllles as the COlll1cillnay prescribe, have a vote only
when the council is equally divided, have the sllperintending control of
all the officers and affairs in the city, preserve order, and tal,e care that
the ordinances of the city, and the provisions of the Idaho State Law
governing Mtlnicipal corporations are con1plied vvith.
3. The Mayor shall, frOITI time to time, commllnicate to the city council
such information and recommend such measures as, in his opinion, may
tend to the improvement of the finances, the protection, the health, the
security, the ornament, the comfort, and the geI1eral welfare and
prosperity of the city.
3-:-1. He The Mayor shall examine the grounds of all complaints against any
of t~e officers of the City to determine existence of a violation or neglect
of duty, and report the evidence thereof, if deemed sufficient for the
removal of said officer, to the Council.
4:-2. He The Mayor shall require that every officer, on the expiration of his
term of office or resignation or removal from the same, deliver to his
successor all monies, bool,s, paper, maps, plats, furniture, flXtures,
apparatus, machinery, tools a11d instruments and appurtenances
belonging to such office.
5..!i. He The Mayor shall perform all other duties imposed by the laws of the
State:
B. Sign Contracts: The Mayor is authorized and empowered to sign
his name officially for and in behalf of the City on all contracts,
including deeds, bonds, bills, notes, obligations, and other
agreerne11ts, documents and papers to which the City is a party,
and to require that the conditions in the said instruments are
faithfully performed, and to borrow money on the credit of the
City when authorized by the COllncil. (Ord. 140,8-30-1965)
ORDINANCE AMENDING PROVISION FOR MAYOR - 2
(
c. Veto Povver: The Mayor shall have pOvver to veto or sign any
ordinance passed by the City Council; provided, that any
ordinance vetoed by the Mayor may be passed over his veto by a
vote of one-half (V2) plus one of the members of the Council
elected notvvithstanding the veto, and ShOl.lld the Mayor neglect
or refuse to sign any ordinances and return the same with his
objection, in writing, at the next regtllar meeting of the Council,
the same shall become a law without his signature.
D. Accounts And Reports Of Officers: The Mayor shall have the
power, when he deems it necessary, to require any officer of the
City to exhibit his accounts or other papers, and to mal,e reports
to the Council in vvriting, touching any sllbject or matter he may
require pertaining to his office.
E. Police Powers: The Mayor shall have jurisdiction, as may be
vested in him by ordinance, over all places within five (5) miles of
the corporate limits of the City, for the enforcement of any health
or quarantine ordinance and regulation thereof, and shall have
jurisdiction in all matters vested in him by ordinance, excepting
taxation, within one ll1ile of the corporate limits of the City, and
over such properties as may be owned by the City without the
corporate limits.
F. May Require Aid In Enforcing Law: The Mayor is hereby
authorized to call on every male inhabitant in the City over
twenty one (21) years of age to aid in enforcing the laws. (Ord.
140,8-30-1965; amd. 1999 Code)
G. Special Meetings Of Council: The Mayor shall have the power to
call special meetings of the City Council, the object of which shall
be submitted to the Council in vvriting; the call and object, as
well as the disposition thereof, shall be entered upon the jourRal
by the City CIerI,. (1999 Code)
H. Other Powers: The Mayor shall have all other powers granted by
the laws of the State of Idahol. (Ord. 140,8-30-1965)
1 I.C. S 50-602 et seq.
ORDINANCE AMENDING PROVISION FOR MAYOR - 3
(
SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict
herevvith are hereby repealed, rescinded and annulled.
SECTION 3: VALIDITY: The Meridian City Council hereby declares that
a11Y section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this ordinance independent of
the elimination herefrom of any portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE: This ordinance does not affect an
action or proceeding cOffilnenced or right accrued before this ordinance tal(es effect.
SECTION 5: DATE OF EFFECT: This ordinance shall be in full force
and effect within one (I) month after its passage, approval and publication, according
to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of _ ' 1999.
APPROVED" BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
MAYOR ROBERT D. CORRIE
ATTEST:
CITY CLERI(
msglZ:\ W ork\M\M.eridian 15360M\Ordinances\CITY GOVERNMENT ORD INANCES\ProvisionMayorOrd063099
ORDINANCE AlvlENDING PROVISION FOR MAYOR - 4
CITY OF MERIDIAN
ORDINANCE NO.
BY COUNCIL MEMBER:
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING
SUBSECTIONS 1. AND 2. AND PROVIDING FOR A NEW SUBSECTION 3.
AND RENUMBERING THE SUBSECTIONS THEREAFTER; PROVIDING THAT
THE DUTIES OF THE OFFICE OF THE MAYOR BE A FULL TIME POSITION;
PROVIDING THAT THE MAYOR IS THE CHIEF ADMINISTRATIVE OFFICIAL
OF THE CITY AND SHALL PRESIDE OVER MEETINGS OF THE CITY
COUNCIL AND DETERMINE THE ORDER OF BUSINESS, SUBJECT TO THE
RULES OF THE COUNCIL, AND TO HAVE SUPERINTENDING CONTROL
OVER ALL OFFICERS AND AFFAIRS OF THE CITY, PRESERVE ORDER, AND
TAICE CARE THAT THE ORDINANCES OF THE CITY, AND THE PROVISIONS
.OF THE IDAHO STATE LAW GOVERNING MUNICIPAL CORPORATIONS
ARE COMPLIED WITH; AND PROVIDING IN THE RENUMBERED
SUBSECTIONS 4. 5. AND 6. A CHANGE OF THE WORD "HE" TO THE
WORDS "THE MAYOR" ALL IN SECTION 3 OF CHAPTER 6 OF TITLE I
MERIDIAN CITY CODE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, IDAHO:
SECTION 1: That Subsection A. 1. and 2. and providing for a new subsection
3. and renumbering the subsections thereafter and providing for the new subsections
4., 5., and 6. to change the word "He" to the words "The Mayor" in section 3 of
Chapter 6 of Title I Meridian City Code of the City of Meridian be amended and the
same is hereby amended to read as follows:
1-6-3 A. Generally:
1. The 1\..1a)~or shall dC"vTotc so much of his time to the duties of his office as
an efficient and faithful discharge thereof lTIay require. The efficient
and faithful discharge of the duties of the office of the Mayor shall be a
full time elected position.
ORDINANCE AMENDING PROVISION FOR MAYOR - I
2. He shall from time to time girv~e the Council such i11fonnation , and
recOIUmCli.d such II'leasures as hc may dCClTI beneficial to the Cit)7. The
Mayor shall be the chief administrative official of the city, preside over
the meetings of the city council and determine the order of business
subject to such rules as the council may prescribe, have a vote only
when the council is equally divided, have the superintending control of
all the officers and affairs in the city, preserve order, and take care that
the ordinances of the city, and the provisions of the Idaho State Law
governing Municipal corporations are complied with.
3. The Mayor shall, from time to time, communicate to the city council
such information and recommend such measures as, in his opinion, may
tend to the improvement of the finances, the protection, the health, the
security, the ornament, the comfort, and the general welfare and
prosperity of the city.
3-:-.1. He The Mayor shall examine the grounds of all complaints against any
of the officers of the City to determine existence of a violation or neglect
of duty, and report the evidence thereof, if deemed sufficient for the
removal of said officer, to the Council.
4-:-2.. He The Mayor shall require that every officer, on the expiration of his
term of office or resignation or removal from the same, deliver to his
successor all monies, booles, paper, maps, plats, furniture, fixtures,
apparatus, machinery, tools and instruments and appurtenances
belonging to such office.
5.~ He The Mayor shall perform all other duties imposed by the laws of the
State:
B. Sign Contracts: The Mayor is authorized and empowered to sign
his nalne officially for and in behalf of the City on all contracts,
including deeds, bonds, bills, notes, obligations, and other
agreements, documents and papers to which the City is a party,
and to require that the conditions in the said instruments are
faithfully performed, and to borrow money on the credit of the
City when authorized by the Council. (Ord. 140, 8-30-1965)
ORDINANCE AMENDING PROVISION FOR MAYOR - 2
c. Veto Power: The Mayor shall have power to veto or sign any
ordinance passed by the City Council; provided, that any
ordinance vetoed by the Mayor may be passed over his veto by a
vote of one-half (1/2) plus one of the members of the Council
elected notwithstanding the veto, and should the Mayor neglect
or refuse to sign any ordinances and return the same with his
objection, in writing, at the next regular meeting of the Council,
the same shall become a law without his signature.
D. Accounts And Reports Of Officers: The Mayor shall have the
power, when he deems it necessary, to require any officer of the
City to exhibit his accounts or other papers, and to mal(e reports
to the Council in writing, touching any subject or matter he may
require pertaining to his office.
E. Police Powers: The Mayor shall have jurisdiction, as may be
vested in him by ordinance, over all places within five (5) miles of
the corporate limits of the City, for the enforcement of any health
or quarantine ordinance and regulation thereof, and shall have
jurisdiction in all matters vested in him by ordinance, excepting
taxation, within one mile of the corporate limits of the City, and
over such properties as may be owned by the City without the
corporate limits.
F. May Require Aid In Enforcing Law: The Mayor is hereby
authorized to call on every male inhabitant in the City over
twenty one (21) years of age to aid in enforcing the laws. (Ord.
140, 8-30-1965; amd. 1999 Code)
G. Special Meetings Of Council: The Mayor shall have the power to
call special meetings of the City Council, the object of which shall
be submitted to the Council in writing; the call and object, as
well as the disposition thereof, shall be entered upon the journal
by the City Clerk. (1999 Code)
H. Other Powers: The Mayor shall have all other powers granted by
the laws of the State of Idahol. (Ord. 140,8-30-1965)
1 I.C. S 50-602 et seq.
ORDINANCE AMENDING PROVISION FOR MAYOR - 3
SECTION 2: All ordinances, resoluti~ns, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 3: VALIDITY: The Meridian City Council hereby declares that
any section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this ordinance independent of
the elimination herefrom of any portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE: This ordinance does not affect an
action or proceeding commenced or right accrued before this ordinance talces effect.
SECTION 5: DATE OF EFFECT: This ordinance shall be in full force
and effect within one (1) month after its passage, approval and publication, according
to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
MAYOR ROBERT D. CORRIE
ATTEST:
CITY CLERI(
msgiZ:\ W or k\M\Meridian 153 60M\Ordinances\CITY GOVERNMENT 0 RD INANCES\ProvisionMayorOrd063099
ORDINANCE AMENDING PROVISION FOR MAYOR - 4
(
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Comn1ission of the State of Idaho
I, WILLIAM G. BERG, JR., City ClerI<, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. _'
passed by the City Council of the City of Meridian, on the day of
I 999, is a true and correct copy of the original of said dOCllment which is in the care,
custody and control of the City ClerIc of the City of Meridian.
WILLIAM G. BERG, JR.
STATE OF IDAHO, )
55.
COl.lnty of Ada,
On this day of , in the year 1999, before me,
, a Notary Pl..lblic, appeared
WILLIAM G. BERG, JR., l<nown or identified to me to be the City ClerIc of the City
of Meridian, Idaho that executed the said instrument, and aclmowledged to me that
he executed the same on behalf of the City of Meridian.
(SEAL)
Notary Public for Idaho
Commission Expires:
msg\Z:\ W ork\M\Meri dian 15360 M\Ordinances\CITY GOVERNMENT 0 RD I NAN CES\Certifi cati on 0 Eel er kOrd
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
MERIDIAN CITY COUNCIL MEETING: AUGUST 17.1999
APPLICANT: CONSENT AGENDA AGENDA ITEM NUMBER: ~
REQUEST: MEMORANDUM CHERRY LANE GOLF COURSE AGREEMENT
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMtTTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMA liON:
OTHER:
All Materials presented at public meetings shall become prop
(
SEE ATTACHED MEMO
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C1f
p
RECEIVED
AUG 1 3 1999
CITY OF MERIDlAL'I
interoffice
MEMORANDUM
RECEIVED
AUG 1 3 1999
CITY OF MERIDIAN
To:
Mayor Robert D. Corrie
Councilman Ron Anderson
Councilman Glenn Bentley
Councilman Keith Bird
Councilman Charlie Rountree
William G. Berg, Jr., City Clerk
Wm. F. Gigray, III /t:fIr1 f
MEMORANDUM OF LEASE A REE E
MERIDIAN AND CHERRY LANE REC
/
cf
BETWEEN THE CITY OF
ATION, INC.
From:
Subject:
File No.:
4.1.1.A and CUP-99-009
Date:
August 11, 1999
Please find attached the Memorandum of Lease Agreement which I have
prepared in order to accommodate Pioneer Title Company's request as a condition of
issuance of title insurance, and which is required by the BarrIe in order for it to issue
to the City the Letter of Credit, required of Cherry Lane Recreation, Inc., for the golf
course clubhouse project. This Memorandum will be executed by both parties and
recorded if approved by the City Council. Please note that the Memorandum of
Lease Agreement is required by the Title Company as the lease agreement does not
described the second nine holes, even though it was contemplated in the lease to
include the same.
msglZ:\ W ork\M\Meridian 15360 M\Cherry Lane Land Exchange\MayorCouncilClkO 811 99 .Ltr
MEMORANDUM OF LEASE AGREEMENT
PARTIES:
Lessor: City of Meridian, an Idaho Municipal Corporation
Lessee: Cherry Lane Recreation, Inc., an Idaho Corporation
REAL PROPERTY:
Those certail1 parcels of real property located in the City of Meridian,
COU11ty of Ada, State of Ida11o, a11d more particlllarly described in Exl1ibit "A"
attached hereto and consisting of eight (8) pages, and by this reference incorporated
herein.
THIS IS TO ACI<NOWLEDGE AND TO GIVE NOTICE to the world
that tl1e above nall1ed parties l1ave entered into that certain lease agreelne11t e11titled,
"AGREEMENT OF LEASE" on the 3rd day of October, 1978, the origi11al of'vvhich is
011 file with the Citv Clerl( of the City of Meridian at the Meridian City Hall, which
~ ~/ .,I
agreelnent is in full force and effect and vv11ich agreement provides for t11e lease of the
real property described herein.
Dated t11is
day of AUgtlst, 1 999.
ACI<NOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein execllted t11is agree111ent
a11d Made it effective as hereinabove provided.
CHERRY LANE RECREATION, INC.
BY:
Wallace D. Lovan, President
BY:
Ve11ita I. Lova11
J\llEMORANDUi\;l OF LEASE AGREEMENT - PAGE lOF 3
CITY OF MERIDIAN
BY:
NlAYOR ROBERT D. CORRIE
Attest:
CITY CLERl(
BY RESOLUTION NO.
STATE OF IDAHO
:ss
COUNTY OF ADA
On this_ day of Allgust, in the year 1999, before il1e,
a Notary Public, perso11ally appeared WALLACE D. LOY AN al1d VENITA I. LOVAN,
ImoWl1 or identified to 111e to be the Preside11t and of the Cherry
-,
Lane Recreation, Inc., an Idaho Corporation, and who executed t11e instrtl111e11t or the
person that execllted the instnllnent on behalf of said corporation, and acl<11owledge to
111e t11at slich corporation execllted the same.
(SEAL)
N otarv Public for Idaho
./
C0111111ission expires:
Ivl EIvl 0 RAN DUM OF LEASE AGREEMENT - PAGE 20F 3
(
STATE OF IDAHO
:ss
)
day of August, in the year 1999, before n1e, a Notary Public,
County of Ada
On this
perso11ally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., l<novvn or
identified to n1e to be the Mayor and Clerl(, respectively, of the City of Meridian, who
executed the instnln1e11t or the person that executed the instrument of behalf of said
City, and aclG10vvledged to n1e that such City executed the san1e.
(SEAL)
Notary Public for Idaho
COll1mission expires:
MEMORANDUivl OF LEASE AGREEMENT - PAGE 30F 3
File Number; P183117
SCHEDULE C
The land referred to in this Commitment is described as follows:
PARCEL I
A PARCEL OF LANO BEING A PORTION OF THE WEST-HALF, SECTION 31 TOWNSHIP 3
NORTH, RANGE 1 WEST, BOISE MERIDIANr MERIDIAN, ADA COUNTY, IDAHO AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, 80ISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 3} NORTH
88 DEGREES 55'29" WEST 2643.29 FEET TO A BRASS CAP MARKING THE SOUTHWEST
CORNER OF THE NORTHEAST QUARTER/ THENCE
LEAVING SAID SOUTHERLY BOUNDARY NORTH 75 DEGREES 30'Qon WEST 190.00 FEET TO
A 2- IRON PIPE; THENCE
NORTH 40 DEGREES 00'00. WEST 40.00 FEET TO AN IRON PIN; THENCE
SOUTH 75 DEGREES 59J31a WEST 70~OO FEET TO AN IRON PIN; THENCE
SOUTH 25 DEGREES OOJoon WEST 64.19 FEET TO AN IRON PIN; THENCE
NORTH 89 DEGREES 25'06- WEST 254.51 FEET TO A POINT, SAID POINT ALSO BEING
THE REAL POINT OF BEGINNING; THENCE CONTINUING
NORTH 89 DEGREES 25'06- EST 100.01 FEET TO A POINT; THENCE
SOUTH 00 DEGREES 30' 1 ,., \NEST 407.92 FEET TO A PO INT; THENCE
SOUTH 68 DEGREES 54'11. EAST 276.46 FEET TO A POINT MARKING A POINT OF
CURVE; THENCE
ALONG A CURVE TO THE RIGHT 59.46 FeET, SAID CURVE HAVING A CENTRAL ANGLE OF
34 DEGREES 04'10., A RADIUS OF 100.00 FEET) TANGENTS OF 30.64 FEET AND A
LONG CHORD OF 58.59 FEET BEARING SOUTH 51 DEGREES 52'06- EAST TO A POINT
MARKING A POINT OF TANGENTS; THENCE
SOUTH 34 DEGREES 50J01. EAST 292.99 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 48'41. EAST 147.34 FEET TO A POINT; THENCE
NORTH 35 DEGREES 00'00. WEST 109.03 FEET TO A POINT; THENCE
NORTH 51 DEGREES 45'00" WEST 580.00 FEET TO A POINT; THENCE
NORTH 00 DEGREE 29~4411 EAST 335~18 FEET TO THE POINT OF BEGINNING.
PARCel II
A PARCEL OF LAND LYING IN PORTIONS OF THE SOUTH HALF OF THE NORTH HALf AND
THE NORTH HALF OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE'
WEST, BOISE MERIDIANJ MERIDIAN) ADA COUNTY, IDAHO AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
8EGINNING AT A POINT MARKING THE NORTHWEST CORNER OF THE SAID NORTH HALF OF
THE SOUTH HALF OF SECTION 3; THENCE
SOUTH 89 DEGREES 25'06" EAST 2,077.73 FEET ALONG THE NORTHERLY BOUNDARY OF
THe SAID NORTH HALF OF THE SOUTH HALf OF SECTION 3 TO A POINT, ALSO SAID
POINT BEING THE REAL POINT OF BEGINNING; THENCE
SOUTH 0 DEGREE 29J44d WEST 335.18 FEET TO A POINT; THENCE
SOUTH 51 DEGREES 45'000 EAST 580.00 FEET TO A POINT; THENCE
SOUTH 35 DEGREES 00.0011 EAST 285.33 FEET TO A POINT; THENCE
SOUTH 22 DEGREES 15'OOu WEST 6a~a5 FEET TO A POINT; THENCE
SOUTH 43 DEGREES 58'10" EAST 238.75 FE~T TO A POINT; THENCE
SOUTH 29 DEGREES 00'00. EAST 110.00 FEET TO A POINT; THENCE
NORTH 61 DEGREES Go'ooa EAST 81 ,19 FE~J TO A POINT OF CURVE; THE~CE
LEGAL CONTINUED
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
File Number: P183117
PAGE 2
PARCEL II (CONT.)
NORTHEASTERLY ALONG A CURVE TO THE LEFT 147.14 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 48 DEGREES 10'28~} A RADIUS OF 175.00 FEET, TANGENTS OF
78.23 FEET AND A LONG CHORD OF 142.84 FEET SEARING NORTH 36 DEGREES 54146~
EAST TO A POINT OF ENDING OF CURVE; THENCE
NORTH 56 DEGREES 30'0011 WESi 151.38 FEET TO A POINT; THENCE
NORTH 41 DEGREES 30'QQu WEST 203.92 FEET TO A POINT; THENCE
NORTH 17 DEGREES 15'00. WEST 94.14 FEET TO A POINT; THENCE
NORTH 22 DEGREES 15'OOu EAST 147.00 FEET TO A POINT; THENCE
NORTH 65 DEGREES 50'00" EAST 45.00 FEET TO A POINT; THENCE
SOUTH 87 DEGREES 20'00~ EAST 78.40 FEET TO A POINT; THENCE
SOUTH 68 DEGREES 00'00.j EAST 61 ~ 48 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 33'2511 EAST 88.05 FEET TO A POINT; THENCE
SOUTH 60 DEGREES OOJOQ" EAST 108.33 FEET TO A POINT OF BEGINNING OF CURVE;
THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT 139.32 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 2S DEGREES 35j19~, A RADIUS OF 311.95 FEET, TANGENTS OF
70.84 FEET AND ALONG CHORD OF 138.'6 FEET SEA.RING NORTH 56 DEGREES 12'20"
~~ST TO A POINT OF TANGENT; THENCE
NORTH 69 DEGREES 00'00. EAST 115.08 FEET TO A POINT OF CURVE; THENCE
NORTHEASTERLY ALONG A CURVE TO THE LEFT 125.75 FEETJ SAID CURVE HAVING A
CENTRAL ANGLE OF 24 DEGREES 25'22", A RADIUS OF 295.00 FEET, TANGENTS OF
63.84 FEET AND A LONG CHORD OF 124.80 FEET BEA.RING NORTH 56 DEGREES 47'19"
EAST TO A POINT OF ENDING OF CURVE; THENCE
NORTH 44 DEGREES OO'OQu WEST 79.63 FEET TO A POINT; THENC~
NORTH 67 DEGREES 45'000 WEST 160.00 FEET TO A POINT; THENCE
SOUTH 65 DEGREES 50'OO~ weST 244.67 FEET TO A POINT; THENCE
NORTH 50 DEGREES 30'00" WEST 114135 FEET TO A POINT; THENCE
NORTH 44 DEGREES OQJQQu EAST 90.00 FEET TO A POINT; THENCE
NORTH 17 DEGREES 00'0011 WEST 175.00 FEET TO A POINT; THENCE
NORTH 12 DEGREES oa'oo~ EAST 280.00 FEET TO A POINT; THENCE
NORTH 77 DEGRE~S 30roo~ WEST 170.00 FEET TO A POINT; THENCE
SOUTH 68 DEGRE=S OOJOO- WEST 265~OO FEET TO A POINT MARKING THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3; THENCE
NORTH i5 DEGREES 3010011 WEST 190.00 FEET TO A POINT; THENCE
NOJ1TH 40 DEGREES 00'00" WEST 40.00 FE=T TO A POINT; THENCE
SOUTH 75 DEGREES 59'31" WEST 70.00 FEET TO A POINT; THENCE
SOUTH 25 DEGREES 00 J 00" \\'EST 64 ~ 19 FEET TO A POINT ON THE SAID NORTHERLY
BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE
NORTH 89 DEGREES 25)06" 'NEST 254.51 FEET ALONG THE SAID NORTHERLY BOUNDARY
OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS:
CHERRY LANE VILLAGE NO. 1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 44 OF PLATS AT PAGES 3537 AND 3538, RECORDS OF ADA COUNTY)
IDAHO;
CHERRY LANE VILLAGE NO. 2 SUBDIVISION) ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY,
IDAHO;
THE L~KE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF
PLATS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTYj IDAHO;
THE LAKE AT CHERRY LANE NO.2, ACCORDING TO THE PLAT THEREOF FILEQ IN BOOK
54 OF PLATS AT PAGES 4882 AND 4883, RECORDS OF ADA COUNTY, IDAHO;
LEGA.L CONTINUED
EXHIBIT ~'A" TO NIEMORANDUIvl OF LEASE AGREEMENT
File Number~ P183117
PAGE 3
PARCEL II (CONT.)
THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 74 OF PLATS AT PAGES 7674 AND 7675, RECORDS OF ADA COUNTY,
IDAHO.
PARC~L III..A
A PORTION OF THE WEST HALF OF SECTION 31 TOWNSHIP 3 NORTH~ RANGE 1 WESTJ
80ISE MERIDIAN, ME~IDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38'11- EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAY REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS
NORTH 0 DEGREE 38127" EAST 2697.49 FEET; THENCE
NORTH 0 DEGREE 38J27U EAST 22~64 FEET TO A 5/8~ IRON PIN; THENCE
SOUTH 88 DEGREES 55131- EAST 379.53 FEET TO THE REAL POINT OF BEGINNING;
THENCE CONTINUING
SOUTH 88 DEGREES 55'31n EAST 182.65 FEET TO A POINTj THENCE
SOUTH 8 DEGREES 18'10u EAST 440.66 F~ET TO A POINT; THENCE
SOUTH 16 DEGREES 18J25~ WEST 218,04 FEET TO A POINT; THENCE
NORTH 89 DEGREES 13' 51" EAST 540.22 FEET TO A POINT; THENCE
NORTH 71 DEGREES 43'3411 EAST 442.46 FEET TO A POINT; THENCE
NORTH 1 0 DEGREES 33 1 50 a E!\ST 487",84 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 55)3'. EAST 124.84 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 38'25~ EAST 89.99 FEET TO A POINT; THENCE 165.33 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT] HAVING A RADIUS OF 250.25 FEET} A
CENTRAL ANGLE OF 37 DEGREES 51'08", AND A LONG CHORD BEARING SOUTH 31
DEGREES 42'52" EAST '62~34 FEET TO A POINT; THENCE
NORTH 89 DEGREES 29J44- WEST 120.24 FEET TO A POINT; THENCE
SOUTH 4 DEGREE 27117u EAST 80.30 FEET'TO A POINT; THENCE
SOUTH 0 DEGREE 30 J 16 '. WEST 230.52 FEET TO A PO INT; THENCE
SOUTH 10 DEGREES 31'2011 WEST 123.51 FEET TO A POINT; THENCE
SOUTH 30 DEGFiEES 14J07U WEST 119.57 FEET TO A POINT; THENCE
SOUTH 50 DEGRE~S 50'29N WEST 134.39 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 28J48- WEST 120.54 FEET TO A POINT; THENCE
SOUTH 82 DEGREES 45'52u WEST 225.84 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 02'57" WEST 67,30 FEET TO A POINT; THENCE
NORTH 89 DEGREES 10'41- WEST 825,06 FEET TO A POINT; THENCE
NORTH 77 DEGREES 29)20~ WEST 148.0i FEET TO A POINT; THENCE
NORTH 89 DEGREES 10'41" WEST 160.40 FEET TO A POINT LYING 65.00 FEET EAST
OF THE WEST BOUNDARY OF SAID S~CTION 3; THENCE ALONG A LINE 65.00 fEET
EAST OF AND PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3
NORTH 0 DEGREES 38'" H E.~ST 247.64 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 21 J 49" E.L\ST 156.03 FEET TO A POINT; THENCE
NORTH 45 DEGREES 03)1611 EP--ST 163.61 FEET TO A POINT; THENCE
NORTH 5 DEGREES 39'31. EAST 502.42 FE=T TO THE POINT OF BEGINNING.
LEGAL CONTINUED
EXHIBIT "A" TO MENI0RAJ."fDUNl OF LEASE AGREEMENT
File Number: P183117
PAGE 4
PARCEL III-B
A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST]
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIEED AS
FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 41 9) 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38",11 EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED 8Y LS 972 (CP & F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, !DAHO); FORM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS
NORTH 0 DEGREE 38'27- EAST 2697.49 FEET; THENCE
NORTH 0 DEGJiEE 38'27- EAST 22.64 FEET TO A 5/811 IRON PIN; THENCE
SOUTH 88 DEGREES 56'3111 EAST 1977 172 FEET TO A 5/8.. IRON PIN AND THE REAL
POINT OF BEGINNING; THENCE
SOUTH 0 DEGREE 30'15u WEST 413.59 FEET TO A POINT; THENCE
NORTH 68 DEGREES 54'1111 WEST 26.71 FEET TO A POINT; THENCE
NOATH 68 DEGREES 54 ~ 111. WEST 26.71 FEET TO A POINT; THENCE
NORTH 0 DEGREE 30'15M EAST 217.93 FEET TO A POINT; THENCE 211.88 FEET
ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 249.75 FEET, A
CENTRAL ANGLE OF 48 DEGREES 36'25. AND A LONG CHORD BEARING NORTH 23
DEGREES 47'57" WEST 205458 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 55'31- EAST 109~62 FEET TO THE POINT OF BEGINNING.
PARCJ:L IV-A
A PORTION OF SOU~ST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 'NEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY DESCMIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38J1111 EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT
NO. 7852146) RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST
CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38J27M EAST, 2697.49 FEET;
THENCE
NORTH 0 DEGREE 38J27" EAST 22.64 FEET TO A 5/8M IRON prN~ THENCE
SOUTH 88 DEGREES 55J31~ EAST) 379.53 FEET TO THE REAL POINT OF BEGINNING;
THENCE
NORTH 5 DEGREE 39 I 3' I~ EAST, 290.28 FEET TO A POINT; THENCE
46.45 FEET ALONG THE ARC OF A NON.TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 38J46-, AND A LONG
CHORD BEARING SOU~ 49 DEGREES 22J43- EAST, 46.39 F:ET TO A POINT; THENCE
SOUTH 44 DEGREES 03'20a EAST, 136.41 FEET TO A POINT; THENCE
SOUTH 8 DEGREES 18J10. EAST, 165.80 FEET TO A POINT; THENCE
NORTH 88 DEGREES 55J31~ WEST, 182.65 FEET TO THE POINT OF BEGINNING.
PARC!l !V.S
A PORTION OF GOVERNMENT LOT 4 AND THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE' WEST, BOISE MERIDIAN:
MERIDIAN~ ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBEJ AS FOLLOWS:
LEGAL CONTINUED
EXHIBIT "A" TO MEMORANDUTvl OF LEASE AGREEIvlENT
File Number: P183117
PAGE 5
PACREl IV.B (CONT.)
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38'11" EAST) 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT
NO. 7852146) RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST
CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27'\ EAST, 2697.49 FEET;
THENCE
NORTH 0 DEGREE 38~27M EAST 22.64 FEET TO A s/aD IRON PIN; THENCE
SOUTH 88 DEGREES 55'31- EAST, 834.71 FEET TO A POINT; THENCE
NORTH 1 DEGREE 04J2911 EAST, 77.45 FEET TO THE REAL POINT OF BEGINNING;
THENCE
199.31 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 270.00
FEETJ A CENTRAL ANGLE OF 42 DEGREES 17'41~ AND A LONG CHORD BEARING NORTH
65 DEGREES 12J11" WEST, 194.81 FEET TO A POINT; THENCE
NORTH 44 DEGREES 03M20. WEST, 198.06 FEET TO A POINT; THENCE
NORTH 37 DEGREE 381105" EAST, 125.90 FEET TO A POINT; THENCE
NORTH 4 DEGREES 26'2Qu WEST, '78~94 FEET TO A POINT; THENCE
NORTH 49 DEGREES 13'43u WEST, 619.18 FEET TO A POINT; THENCE
NORTH 89 DEGREES 21J33D WEST, 39.i2 FEET TO A POINTj THENCE
NORTH 0 DEGREE 38'27- EAST) 178.61 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 21'33- EAST, 104.94 FEET TO A POINT; THENCE
NORTH 26 DEGREES 46'55- EAST) 463.73 FEET TO A POINT; THENCE
NORTH 13 DEGREES 05J08M EAST, 186.18 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 23'04M EASTJ 221.37 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 36'56R WEST, 30.00 FEET TO A POINT; THENCE
NORTH 89 DEGREES 23J04~ WEST, 114.43 FEET TO A POINT; THENCE
SOUTH 10 DEGREES 38'1'~ WEST, 162.48 FEET TO A POINT; THENCE
SOUTH 5 DEGREES 36'0901 EAST, 160~95 FEET TO A POINT; THENCE
SOUTH 48 DEGREES 58'55" WEST, 66.41 FEET TO A POINT; THENC~
SOUTH 10 DEGREES 49'04Q WEST) 123.62 FEET TO A POINT; THENCE
SOUTH 12 DEGREES 00'00- EAST, 85.00 FEET TO A POINT; THENCE
SOUTH 53 DEGREES 26J21. EAST, 142.60 FEET TO A POINT; THENCE
SOUTH 6 DEGREES 51'S1u WESTj 151.05 FEET TO A POINT; THENCE
SOUTH 41 DEGREES 14J14N EAST, 171.Q6 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 12'26~ EAST, 122~33 FEET TO A POINT; THENCE
SOUTH 43 DEGBEES 03'05'J EAST, SO.OO FEET TO A POINTj THENCE
SOUTH 0 DEGREE 36'15~ WESTJ 671.50 FEET TO THE POINT OF BEGINNING.
PARC!l IV-C
A PORTION OF THE NORTHWCST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1
weST, BOISE MERIDIAN! MERIDIAN, ADA COUNTYJ IDAHO, MORE PARTICULARLY
DESC~IBED AS FOLLOWS~ COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, iO
AND THE SAID SECTION 3; THENCE
NORTH 0 DEGREE 38J',. EAST, 2651.19 FEET TO THE QUARTER CORNER GOMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (C~ & F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 SEARS NORTH 0 DEGRE= 38'27- EAST,
2697.49 FEET; THENCE
NORTI-f 0 OEGHE~ 38'27u E..\.ST 22..64 F=ET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55'31n EAT, 1784.61 FEET TO A POINT; THENCE
NORTH 1 DEGREE 04J29~ EASTJ 303.15 FEET TO THE REAL POINT O~ 8EGINNING;
THENCE
LEGAL CONTINUED
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
File Number: P183117
PAGE 6
~ARCEL IV-C (CONT.)
NORTH 66 DEGREES 28'4QM WEST: 157.70 FEET TO A POINT; THENCE
NORTH 56 DEGREES 56'39M WESTr 717.37 FEET TO A POINT; THENCE
NORTH 89 DEGREES 23)44- WESTr 36.12 FEET TO A POINT~ THENCE
NORTH 0 DEGREE 36)28- EAST, 5.00 FEET TO A POINT; THENCE
154.59 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 225.00 FEET) A CENTRAL ANGLE OF 39 DEGREES 22'0011) AND A LONG
CHORD BEARING NORTH 19 DEGREES 04J4511 WEST, 151.57 FEET TO A POINT; THENCE
NORTH 38 DEGREES 45'4511 WEST, 39.00 FEET TO A POINT; THENCE
NORTH 51 DEGREES '4J'5~ EAST, "0.00 FEET TO A POINT; THENCE
NORTH 26 DEGREES 1"31" WEST, 134,78 FEET TO A POINT; THENCE
NORTH 4 DEGHEES 04' 20'1 WEST J 277,45 FEET TO A POINT; THENCE
NORTH 31 DEGREES 46'3511 WEST, 241~56 FEET TO A POINT; THENCE
NORTH 0 DEGREE 36'56" EAST, 132.59 FEET TO A POINT; THENCE
NQRTH 89 DEGREES 23'04n WEST, "0.00 FEET TO A POINT; THENCE
NORTH 0 DEGREE 36'56- EAST, 30.00 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 23'04- EAST, 175.94 FEET TO A POINT; THENCE
SOUTH 78 DEGREES 05}29- EAST~ 71,13 FEET TO A POINT; THENCE
SOUTH 63 DEGREES 13'16- EAST, 65.34 FEET TO A POINT; THENCE
SOUTH 56 DEGREES 28'32- EAST, 79.07 FEET TO A POINT; THENCE
SOUTH 53 DEGREES 15'09ft EAST, 86.07 FEET TO A POINT; THENCE
SOUTH 42 DEGREES 31'1811 EAST, 70.53 FEET TO A POINT; THENCE
SOUTH 35 DEGREES 28~22u EAST, 77.08 FEET TO A POINT; THENCE
SOUTH 5 DEGREES 49'0611 EAST, 249.89 FEET TO A POINT; THENCE
SOUTH 8 DEGREES 16'07" EAST, '25~42 FEET TO A POINT; THENCE
SOUTH 13 DEGREES 56'20" EAST, 266.06 FEET TO A POINTj THENCE
SOUTH 42 DEGREES 43'29~ EAST, 283,07 FEET TO A POINT; THENCE
NORTH 61 DEGREES 49)13- EAST, 165.37 FEET TO A POINT~ THENCE
NORTH 11 DEGREES 00/42- WEST: 399.24 FEET TO A POINT; THENCE
SOUTH 89 DEGREES '8J49- EAST, 398.40 FEET TO A POINT; THENCE
SOUTH 79 DEGREES 02'15. EAST, 61,16 FEET TO A POINT; THENCE
SOUTH 60 DEGREES 40'15W EAST, 164.39 FEET TO A POINT; THENCE
SOUTH 85 DEGREES lQ'18u EAST, 136.30 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'15" WEST, 235.93 FEET TO A POINT; THENCE
NORTH 89 DEGREES 29'4511 WEST, 80.00 FEET TO A POINT; THENCE
SOUTH i8 DEGREES 33'491J WEST, 182.71 FEET TO A POINT; THENCE
SOUTH " DEGREES 45'15" WESTj 185.77 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'15- WEST, 154.10 FEET TO A POINT; THENCE
288.86 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 425.00 FtET, A CENTRAL ANGLE OF 38 DEGREES 56'31-, AND A LONG
CHORD BEARING SOUTH 63 DEGREES 04'1111 WEST, 283.33 FEET TO THE POINT OF
BEGINNING.
PARCel IV.O
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUAATER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN: MERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9) 10 AND THE SAID SECTION
3; THENCE
LEGAL CONTINUED
EXHIBIT "A" TO MEMORANDUIvl OF LEASE AGREEMENT
File Number: P183117
PAGE 7
PARCEL IV-O (CONT.)
NORTH 0 DEGREE 38'1,n EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (C? & F
INSTRUMENT NO. i852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38J27- EAST,
2697.49 FEET; THENCE
NORTH 0 DEGREE 38J27" EAST 22.64 FEET TO A 5/8M IRON PIN; THENCE
SOUTH 88 DEGREES 55'31u EAST, 1614.53 FEET TO THE HEAL POINT OF BEGINNING;
THENCE
NORTH 10 DEGREES 33'50. EAST, 72.37 FEET TO A POINT; THENCE
129.52 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF BOO_DO FEET, A CENTRAL ANGLE OF 12 DEGREES 22'07~, AND A LONG
CHORD BEARING SOUTH 56 DEGREES 49'29- EAST, 129.27 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 38'25- EAST, 4.33 FEET TO A POINT; THENCE
NORTH 88 DEGREES 55j31. WEST, 124.84 FEET TO THE POINT OF BEGINNING.
PARCEl. IV-E
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO 1 MORE PARTICULARLY DESCRIBED AS FalLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38'11: EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY lS 972 (CP & F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY) IDAHO); FROM WHICH THE
NORTHWEST CORNEH OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27- EAST,
2697~49 FEET; THENCE
NORTH 0 DEGREE 38'2711 EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55'31. EAST, 1977~72 FEET TO A S/8t1 IRON PIN AND THE REAL
POINT OF BEGINNING; THENCE
NORTH 88 DEGREES 55'3111 WEST, '09.62 FEET TO A POINT; THENCE
11.06 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 2 DEGREES 32'16G, AND A LONG
CHORD 8EJ\RING NORTH 49 DEGREES 22J17U WEST, 11.06 FEET TO A POINT; THENCE
NORTH 50 DEGREES 38125" WEST, 94.32 FEET TO A POINT; THENCE
60~45 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 680.00
FEET, A CENTRAL ANGLE OF 5 DEGREES 05J36-, AND A LONG CHORD BEARING NORTH
53 DEGREES 11'1311 WEST, 60.43 FEET TO A POINT; THENCE
30_13 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00
FEET, A CENTRAL ANGLE OF 86 DEGREES 1B'SOn, AND A LONG CHORD BEARING NORTH
12 DEGREES 34'36- WEST1 27.36 FEET TO A POINT; THENCE
NORTH 30 DEGREES 34'5011 EAST, 84.13 FEET TO A POINT; THENCE
269.77 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
375.00 FEET, A CENTRAL ANGLE OF 41 DEGREES 13'0411, AND A LONG CHORD BEARING
NORTH 51 DEGREES "'21- EAST, 263.99 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30J15U WEST, 369.89 FEET TO THE POINT OF BEGINNING.
PARCEL V
LOTS 1 AND 52 IN BLOCK 5~ AND LOT 11 IN BLOCK 9 OF CHERRY LANE VILLAGE NO_
1 SUBDIVISION, ACCORDING TO THE PL~T THEREOF FILED IN BOOK 44 OF PLATS AT
PAGES 3537 THRU 3538, RECORDS OF ADA COUNTYJ IDAHO.
LEGAL CONTINUED
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
File Number: P183"7
PAGE 8
PARCEL 'VI
LOTS 12 AND 21 IN BLOCK 9 AND LOT 4 IN BLOCK 11 AND LOT 53 IN BLOCK 5 OF
CHERRY LANE VILLAGE NO. 2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY,
IDAHO.
PAReSl. VII
LOT 83 IN BLOCK 5 AND LOT 14, IN BLOCK 13 CHERRY LANE VILLAGE NO. 3
SU8DIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 58 OF
PLATS AT PAGES 5473 THRU 5475, RECOROS OF ADA COUNTY, IDAHO.
PARCSL VIII
LOT 28 IN BLOCK '1 AND LOT 39 IN BLOCK 13 CHERRY LANE VILLAGe NO. 4
SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 63 OF
PLATS AT PAGES 6376 AND 6377, RECORDS OF ADA COUNTY, IDAHO.
PARCEl. IX
LOT 9 IN BLOCK 1 OF RECORD OF SURVEY NO. 802 OF ADJUSTED LOT LINES FOR
LOTS 8, 9 AND 10, IN BLOCK 1 OF THE LAKE AT CHERRY LANE, ACCORDING TO THE
PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF
ADA COUNTY, IDAHO.
PARCEL X
LOT 5 IN BLOCK 1 AND LOT 13 IN BLOCK 2, THE LAKE AT CHERRY LANE NO.2,
ACCORDING TO THE PLAT THEREOF, FILED IN SOOK 54 OF PLATS AT PAGES 4882 AND
4883, RECORDS OF ADA COUNTY, IDAHO.
PARCEL XI
LOT 24 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO. 3 SUBDIVISION ACCORDING
TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 70 OF PLATS AT PAGES 7167 AND
7168, RECORDS OF ADA COUNTY, IDAHO,
PARCEL XII
LOT 19 IN BLOCK 1 AND LOT 46 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO. 4
SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 74 OF
PLATS AT PAGE 7674 AND 7675, RECORDS OF ADA COUNTY, IDAHO.
END OF L!GAL DESCRIPTION
EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT
** TOTRL PRGE.09 **
RESOLUTION NO. 2 1-6
BY: ~&n,/9ndLrJ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR AND CITY CLERI( TO ENTER INTO, ON BEHALF OF SAID
MUNICIPALITY, A "SOLID WASTE DISPOSAL RATE CHANGES AND
ADDITION OF NEW RATES AGREEMENT" WITH SANITARY SERVICE,
INC.,TO PROVIDE FOR THE SOLID WASTE DISPOSAL RATE CHANGES AND
ADDITION OF NEW RATES WITHIN THE CITY OF MERIDIAN, DATED THE
1 ST DAY OF SEPTEMBER, 1999, BY AND BETWEEN THE CITY OF MERIDIAN
AND SANITARY SERVICES, INC., AN IDAHO CORPORATION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement to provide for solid waste disposal rate changes and the addition of new
rates within the City of Meridian with SANITARY SERVICE, INC., an Idaho
Corporation, denoted as "SOLID WASTE DISPOSAL RATE CHANGES AND
ADDITION OF NEW RATES AGREEMENT", dated the 1 st day of September;
1999, a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution,
the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
I. The Mayor and City ClerIc are hereby authorized to enter into on
behalf of the City of Meridian that certain Agreement to provide for solid waste
disposal rate changes and the addition of new rates within the City of Meridian with
SANITARY SERVICE, INC., an Idaho Corporation, entitled "SOLID WASTE
DISPOSAL RATE CHANGES AND ADDITION OF NEW RATES AGREEMENT",
SOLID WASTE DISPOSAL RATE CHANGES AND - PAGE IOF 2
THE ADDITION OF NEW RATES RESOLUTION
dated the 1 st day of September, 1999, a copy of which is attached hereto marlced as
Exhibit "A" to this Resolution and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /7fi
day of /lur--.rl- , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
1711- day of J9u;us r ,1999.
ATTEST:
~
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SOLID WASTE DISPOSAL RATE CHANGES AND - PAGE 20F 2
THE ADDITION OF NEW RATES RESOLUTION
('
CERTIFICATE OF CLERI(
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerl( of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the 17tk day of ~f- , 1999, the
following action has been tal(e11 and authorized.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETIING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
NlAYOR AND CITY CLERIC TO ENTER INTO, ON BEHALF OF SAID
MUNICIPALITY, A "SOLID WASTE DISPOSAL RATE CHANGES AND
ADDITION TO NEW RATES AGREEMENT" WITH SANITARY SERVICE,
INC.,TO PROVIDE FOR THE SOLID WASTE DISPOSAL RATE CHANGES AND
ADDITION OF NEW RATES WITHIN THE CITY OF MERIDIAN, DATED THE
1ST DAY OF SEPTEMBER, 1999, BY AND BETWEEN THE CITY OF MERIDIAN
AND SANITARY SERVICES, INC., AN IDAHO CORPORATION.
BE IT RESOLVED BY THE NlAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement to provide for solid waste disposal rate changes and the addition of new
rates within the City of Meridian with SANITARY SERVICE, INC., an Idaho
Corporation, denoted as "SOLID WASTE DISPOSAL RATE CHANGES AND
ADDITION OF NEW RATES AGREEMENT", dated the 1st day of September,
1999, a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution,
the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
CERTIFICATE OF CLERIC OF THE - PAGE 10F 2
CITY OF MERIDIAN
1. The Mayor and City Clerl( are hereby authorized to enter into on
behalf of the City of Meridian that certain Agreement to provide for solid waste
disposal rate changes and the addition of new rates within the City of Meridian with
SANITARY SERVICE, INC., an Idaho Corporation, entitled "SOLID WASTE
DISPOSAL RATE CHANGES AND ADDITION OF NEW RATES AGREEMENT",
dated the 1 st day of September, 1999, a copy of which is attached hereto marl(ed as
Exhibit "A" to this Resolution and to bind this City to its terms and conditions.
STATE OF IDAHO,
County of Ada,
A On this 31 day of , in the year 1999, before me,
~ 8 tOm s , a Nota Public, appeared WILLIAM G. BERG, JR.,
1m or identified to me to be the City Clerl( of the City of Meridian, Idaho, that
executed the said instrument, and aclmowledged to me that he executed the same on
behal(1)0r\Vf,lJe~~tt'~f Meridian.
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CERTIFICATE OF CLERI( OF THE - PAGE 20F 2
CITY OF MERIDIAN
(
RECEI\lI~D
AUG 1 0 1999
CITY OF MERIDIA1'J
interoffice
MEMORANDUM
To:
William G. Berg, Jr.
From:
R. Stephen Rutherford
Subject:
SOLID WASTE DISPOSAL RATE CHANGES AND ADDITION OF NEW
RATES
Date:
August 10, 1999
Will:
Pursuant to City Council action tal(en at their August 3, 1999, meeting,
please find attached the original requested Resolution, along with the Certificate of
Clerl( on the above matter. The Resolution may now be presented on an upcoming
City Council agenda for passage.
If you have any questions please advise.
msg/Z:\ W ork\1V1\Meridian 15360M\SW AAC\Berb081 099 .Mem
MERIDIAN CITY COUNCIL MEETING:
AUGUST 17. 1999
APPLICANT:
CONSENT AGENDA
AGENDA ITEM NUMBER: ~
REQUEST: .RESOLUTION FOR SOLID WASTE DISPOSAL RATE CHANGES AND ADDITION OF NEW
RATES
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY ATTORNEY:
r ~
ht)1?
o
CITY PLANNING DIRECTOR:
CITY POLICE DEPT:
CITY FIRE OEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
rt~~
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
SETTLERS IRRIGATION:
BUREAU OF RECLAMA liON:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
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FIRST AMENDMENT TO EASEMENT AGREEMENT %
/2~
THIS AGREEl\'IENT entered into and effective the ~ day of JtrtY,(
1999, by and between B. & F. ENTERPRISES, an Idaho general Partnership, hereinafter
referred to as "Grantor", and the City of Meridian, an Idaho corporation, hereinafter
referred to as Grantee.
SECTION 1
RECITALS
1.1
WHEREAS the parties to this Agreement entered into that certain
Agreement dated the 22nd day of December, 1995, wherein Grantor
granted a permanent Sewer Line Easement and Temporary Construction
Easement to Grantee subject to the terms and conditions as set forth
therein; that the Sewer Line Easement and Temporary Construction
Easement was recorded as instrument number 96008003 records of Ada
County Recorder's office and hereinafter for convenience referred to as
Agreement; and
1.2
WHEREAS the parties have since learned that a full utility easement will
be required for future construction, as a result it is necessary to amend the
Agreement to provide for utility easement, particularly domestic
waterlines;
NOW THEREFORE, based upon the above and foregoing consideration
of the mutual promises and covenants contained herein, and intending to be legally bound
hereby, the Parties agree as follows:
SECTION 2
2.1
That the Agreement by and between the parties dated the 22nd day of
December, 1995 be and the same is hereby amended to provide for a
general utility easement specifically including sewer and water and related
temporary construction easement.
2.2
All other terms and conditions of the Easement Agreement are hereby
affirmed.
2.3
However, if a waterline or a sewer line is not constructed in the easement
area within two years of the day this Amendment is signed, this
Amendment and the Sewer line easement dated the 22nd day of December
1995 will become null and void.
FIRST AMENDl\1ENT TO EASEl\1ENT AGREEl\1ENT - 1
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IN WITNESS WHEREOF, the parties ll.a\re execllted this Agreenlent
effective as of tIle date first abo\'e vvrittell.
B. & F. ENTERPRlSES
By: , G~f\eral Partner
I1r DffiA) tt.'fF /A/G-TOIV'
CITY 0 F I\JIERlD lAL"J
ATTEST:
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FIRST A1\iIENDMENT TO EASEMENT AGREEMENT - 2
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STATE OF IDAHO )
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County of Ada )
On this tl~L day Of Ltt~vd- 1999, before me,
personally appeared ~A , but/V\.- ~/h~
, known or identified to me (or proved tb me on the oath of
J,y- InL1'vl (,.,rwvvt-{..if , to be the person whose name is subscribed to the
ithin instrument, an acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day ~nd'~~i\r in this certificate first above written.
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County of Ada )
On this day of &
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n wn or identified to me (or proved to me on the th of ~ 0
, to be the person whose name is subsc Ibed to the
within inst ment, 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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EASEMENT AGREEMENT -
Not y Public, S~at!e of Idaho
Residing at fY',e-t I a.: ~V\ ri. J
My commission expires: I I 51 J()IXJ-
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interoffice
MEMORANDUM
AUG 1 3 1999
CITY OF MERIDIA~'[
To:
William G. Berg, Jr.
From:
Wm. F. Gigray, III
Subject:
B. & F. ENTERPRISES, AN IDAHO GENERAL PARTNERSHIP/ FIRST
AMENDMENT TO EASEMENT AGREEMENT / RESOLUTION AND
CERTIFICATE OF CLERK / File No. 4.6.11
Date:
August 12, 1999
Will:
Please find attached the original executed First Amendment To
Easement Agreement by B. & F. Enterprises, along 'With the originals of the
Resolution and Certificate of Clerk, pertaining to B. & F. Enterprises agreement 'With
the City of Meridian.
The Agreement 'Will need to be presented to Mayor Corrie to obtain his
signature, and, of course, your attestation.
Please remember the Agreement 'Will need to be recorded, and then
forward a conformed, recorded copy to B. & F. Enterprises, Public Worl(s and the
City Attorney office.
If you have any questions, please advise.
msg\Z:\W ork\M\Meridian 153 60M\Public W orks\ClerkResandCertAgrntBFEnterp,Ltr
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MERIDIAN CITY COUNCIL MEETING:
AUGUST 17. 1999
APPLICANT:
DEPARTMENT REPORTS
AGENDA ITEM NUMBER: 221E
REQUEST: GARY SMITH - AMENDMENT TO EASEMENT AGREEMENT WITH B & F ENTERPRISES
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE OEPT:
CITY FIRE OEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SEE ATTACHED INFORMATION
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
-r~. A III
tuff ~ tf ~ lf~
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
(
RESOLUTION NO. 24-8
BY: (! h aAfle .A'(9u.-~~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR AND CITY CLERIC TO SIGN AND ENTER INTO, ON BEHALF
OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "FIRST
AMENDMENT TO EASEMENT AGREEMENT", BY AND BETWEEN THE
CITY OF MERIDIAN, AND B. & F. ENTERPRISES, AN IDAHO GENERAL
PARTNERSHIP.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with B. & F. ENTERPRISES, an Idaho General Partnership, denoted as
"FIRST AMENDMENT TO EASEMENT AGREEMENT", a copy of which is
attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority
for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
I. The Mayor and ClerIc are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with B. & F. ENTERPRISES, an
Idaho General Partnership, entitled "FIRST AMENDMENT TO EASEMENT
AGREEMENT" dated the /7~day of ~.r,f- ,1999, by and between the City
of Meridian and B. & F. ENTERPRISES, an Idaho corporation, a copy of which is
attached hereto marlced as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH
B. & F. ENTERPRISES
(
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, thisL7;;ay
of ~f- ,1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this/71J:;:
day of /lu?~vf- , 1999. -
'-~
ATTEST:
J~~~~~
CITY CLERI( ~
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RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH
B. & F. ENTERPRISES
2
(
CERTIFICATE 0 F CLERI(
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
I. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this ;/;' I am the CU~f its records and
minutes and do hereby certify that on the 1.! day of .f , I 999, the
following action has been tal<.en and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR AND CITY CLERI( TO SIGN AND ENTER INTO, ON BEHALF OF
SAID MUNICIPALITY, AN AGREEMENT ENTITLED "FIRST AMENDMENT
TO EASEMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN,
AND B. & F. ENTERPRISES, AN IDAHO GENERAL PARTNERSHIP.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with B. & F. ENTERPRISES, an Idaho General Partnership, denoted as
"FIRST AMENDMENT TO EASEMENT AGREEMENT", a copy of which is
attached hereto marl<.ed as Exhibit "An to this Resolution, the reasons and authority
for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
I. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with B. & F. ENTERPRISES, an
Idaho General Partnership, entitled "FIRST AMENDMENT TO EASEMENT
CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
l
{
AGREEMENT" dated the 171J..day of ~r,f ,1999, by and between the City
of Meridian and B. & F. ENTERPRISES, Idaho corporation, a copy of which is
attached hereto marlced as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
5S.
STATE OF IDAHO,
County of Ada, )
~thtllli5.l-day of AlA d" in the year 1999, before me,
, $ -fV1S , a Notary Public, appeared
WILL G. BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and aclmowledged to me that
he executed the same on behalf of the City of Meridian.
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CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
2
RESOLUTION NO 2 4-7
BY: 6/enn l3eh-Tlerj-
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE
[1"0 DAY OF ~[.($t- , 1999, BY AND BETWEEN THE CITY OF
MERIDIAN AND UNA VISTA, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with LUNA VISTA, INC., denoted as "DEVELOPMENT AGREEMENT",
a copy of which is attached hereto marlced as Exhibit "A" to this Resolution, the
reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and ClerIc are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with LUNA VISTA, INC., entitled
"DEVELOPMENT AGREEMENT" dated the tz!!'-day of ~'f ,1999, by
and between the City of Meridian and Luna Vista, Inc., a copy f which is attached
hereto marlced as Exhibit "A" to this Resolution and to bind this City to its terlTIS
and conditions.
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH
LUNA VISTA, INC. / TREMONT PLACE SUBDIVISION
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Il/!!day
of flarr i-- ,1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /71!L
day of ~q-vr..rl- ,1999. -
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ATTEST:
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RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH
LUNA VISTA, INC. / TREMONT PLACE SUBDIVISION
2
CERTIFICATE OF CLERIC
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
I. That I am the duly appointed and elected Clerl( of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the 17-a day of ~-I- ,1999, the
following action has been tal(en and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO
ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED
"DEVELOPMENT AGREEMENT", DATED THEL1~DAY OF )ft~s+- ,
1999, BY AND BETWEEN THE CITY OF MERIDIAN AND LUNAVI A, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with LUNA VISTA, INC., denoted as "DEVELOPMENT
AGREEMENT", a copy of which is attached hereto mar](ed as Exhibit "A" to
this Resolution, the reasons and authority for which are as set forth in said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerl( are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with LUNA VISTA, INC.,
entitled "DEVELOPMENT AGREEMENT" dated the l?t3day of ~J- ,
1999, by and between the City of Meridian and Luna Vista, Inc., a co y of
CERTIFICA TE OF CLERK OF THE
CITY OF MERIDIAN
1
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which is attached hereto marl<.ed as Exhibit "A" to this Resolution and to bind
this City to its terms and conditions.
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(). On this 11 day of Au~ · , in the year 1999, before me,
~~p ~ , a Notary Public, appeared
WILL G. BERG, JR., known or identified to me to be the City ClerIc of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
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CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
2
CITY OF MERIDIAN
ORDINANCE NO. 8.37
BY COUNCIL MEMBER: (I.. ~.fr~
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING
SUBSECTION A 1. OF SECTION 4 OF CHAPTER 8 OF TITLE I MERIDIAN
CITY CODE TO INCREASE THE MAYORS SALARY TO $1,667.00 PER
MONTH AND DELETING ANY PROVISION FOR SEPARATE SALARY FOR
COUNCIL PRESIDENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
SECTION 1: That Subsection A 1. of Section 4 of Chapter 8 of Title 1
Meridian City Code be alnended and the same is hereby amended to read as follows:
1-8-4: SALARIES:
A. Elective Officers:
I. Mayor: The salary of the Mayor shall be one thousand t'""yyy'"O
hundred dollars ($1,200.00) one thousand six hundred sixty-
seven dollars ($1,667.00) per month, payable monthly.
2. Council: The salary of each member of the Council shall be five
hundred dollars ($500.00) dollars per month, payable monthly.
3. Coul~lcil President. The salal:)Y of the president of the Council,
yy\,vhen actil'lg ill the capacity of 1\,1ay~or, shall be the S3.11'le as the
:L\1ayyor, payVable ll10nthlyV prorated for the period of tin1c he shall
pcrforlTl the duties of !\1ayor.
SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 3: VALIDITY: The Meridian City Council hereby declares
that any section, paragraph, sentence or word of this Ordinance as adopted and
ORDINANCE MAYOR'S SALARY - 1
I r
amended herein be declared for any reason to be invalid it is the intent of the
Meridian City Council that it would have passed all other portions of this Ordinance
independent of the elilnination herefrom of any portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an
action or proceeding commenced or right accrued before this Ordinance tal(es effect.
SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force
and effect January 1, 2000, after its passage, approval and publication, according to
law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
178 day of /Ju~.~~F{- ,1999.
APPROVED B');I~'.~AYOR OF THE CITY OF MERIDIAN, IDAHO, this
/7-1i:- day of . - C ,1999.
ATTEST:
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MAYOR ROBERT D. CORRIE
ORDINANCE MAYOR'S SALARY - 2
interoffice
MEMORANDUM
ll~ ~ 0 rf-I' ~ n:;i'T\
l ~ ~ J - .. . -'- 1-' ~l - . ~
L '61-~~ ---4 -tJi
To:
William G. Berg, Jr. /
Wm. F. Gigray, III ;/ff/:1
ORDINANCE NO. 837 COMPENSATION FOR MAYOR AND COUNCIL
AU6 2 0 1999
CITY OF l\'lERIDLA1~
From:
Subject:
Date:
August 19, 1999
Will:
As a result of the City Council's action on the 17th, I have prepared the
final draft of the Ordinance in accordance 'With their action, which is enclosed 'With
this memo.
Please obtain the necessary signatures and publish. If you need further
assistance in this matter please advise.
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CITY OF MERIDIAN
ORDINANCE NO. 8;8
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SUBSECTION
B OF SECTION 3 CHAPTER 6 OF TITLE 10 MERIDIAN CITY CODE BY
PROVIDING FOR THE ADOPTION OF THE NEW FLOOD INSURANCE
RATE MAP FOR ADA COUNTY, IDAHO, AND INCORPORATED AREAS
WHICH MAP IS DENOTED AS "FIRM COMMUNITY PANEL #1600ICOOOO
OF ADA COUNTY, IDAHO, AND ITS INCORPORATED AREAS EFFECTIVE
SEPTEMBER 22, 1999", AND ANY SUBSEQUENT REVISIONS THEREOF;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO:
SECTION 1: That _subsection B of section 3 Chapter 6 of Title 10 Meridian
City Code be, and the same is hereby amended to read as follows:
B. Basis For Establishing Areas Of Special Flood Hazard: The
areas of special hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled
~ Flood Insurance Study (FIS) for the City of :L\1eridian",
cOluplctcd il"L i\ugust of 1989, YvYvith accompanying Flood
Insurance !\1aps completed ScptcITlbcr 27, 1991, arc hereby
adopted b)y referefice 3.I..d declared to be it part of this Chapter.
and Flood Insurance Rate Map (FIRM) for Ada County. Idaho.
and incorporated areas entitled "FIRM Community Panel
# 1600 1 CODOO of Ada County. Idaho. and its incorporated areas
effective September 22. 1999" is hereby adopted by reference and
declared to be a part of this Chapter together with any
subsequent revisions thereof. The Flood Insurance Study and
Flood Insurance Rate Map(s) are on file in the office of the City
ClerIc.
SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
CITY OF MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE - PAGE 1
(
SECTION 3: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this ordinance independent of
the elilnination herefrom of any portion as may be declared invalid.
SECTION 4: DATE OF EFFECT: This ordinance shall be in full force and
effect within one (I) month after its passage, approval and publication, according to
law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 17~
dayof ~t- ,1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this / 7M .
dayof ~t- ,1999.
ATTEST:
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City ClerIc
msg/Z:\ W ork\M\Meridian 15360 M\Fema \FloodDamagePreventOrd
CITY OF MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE - PAGE 2
(
** TX CONFIRMAI~JN REPORT **
(
AS OF SEP 21 'SJ 15:52 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS
24 09/21 15:51 4 EC--S 00'52" 00:_____~:~____~~_________________
------------------------------------------------------------
~1J,yol'
ROBERT O. CORRlE
, · 'oJ I.J \J, . I H.....,..J V t\..:. \I,; L..t...e r
C L'unC:' \fr"'T'b
A Good Place co Live
CITY OF MERIDIAN
LEG,.\,L DEP."'RT~'E~T
(:O~) ~::1J....(~(jJ.
CHARLE.S ROUNTREE
CLE!'iN 8 E\l11..EY
RON Ai.....DERSON
KEITH BfRD
33 EAST IDAHO
l\-[ERID L-\N,. IDAHO 8J~2
Phon~ (:!.08) 388-433 · F:l.'( (208) S 87 ~3 t 3
PUBLiC WORKS
BUlLolNC DEP,~RT;""IE;'iT
(~08) ~:!7-:~ It
PLA.NNtNG :\NO ZONING
DEPART:-"E~T
(~OS) S3.!.S53]
FACSIMILE COVER SHEET
FAX NUMBER: (l/ZS) Lf87- 4(0/3
TO: PA-Tl'J"a. 8A-~ ~b-~
TlTLE/D EPARTM ENT: r:b+1I':'
DATE: ~21!qq
CONFIDENTIAL:
YES
NO X,
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 3
FROM: CITY' OF MERIDIAN FAX NUMBER: (208) 888-4218
NAME:.~ c\" I (Yt<;
TITLE/DEPARTMENT: (' ~ VA II ~ 6/jj r Q
COMMENTS: l=tN'D ~ PetSvF;illu~~ DWINA+...rI; _
~ ~-xn ~~!o...J ~ l).S t-A4;L4
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
~f .lyor
ROBERT D. CORRCE
(
rt U bur f t<l:_.4,SU RE Y.4LLEY
A. Good PI~ce to Live (.--
CITY OF MERIlJIAN
LEGAL DEPART~IE;"\jT
(:O~) ~8J.~..J.26J.
CI"'Iunc;I \f~m~~
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH 8 fRD
33 E4-\ST IDAHO
i\'IERIDL.\N, IDAHO 83~2
Phone (208) 388-~J3 · Fax (208) 887-481 J
PUBLIC \VORKS
BUILO(NG DEPART;YIENT
(~08) 387 <!211
PLANNING AND ZON[NG
DEPART~(ENT
(208) 33J..553J
FACSIMILE COVER SHEET
FAX NUMBER: (42$)'-187- 40/3
TO: P A-IfJ'U:: 8 A ~ 1\&\J
TITLE/DEPARTMENT: r::,p;1-1B
DATE: qfzlfqq
NO~
CONFIDENTIAL:
YES
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 3
FROM: CITY OF MERIDIAN FAX NUMBER: (208) 888-4218
NAME: ~ C~.I (YL<) .
TITLE/DEPARTMENT: (~~L1l:S 11JrQ
COMMENTS:J=CCfi) ~. PI26V8..S\(~ Dt.OIN~)Cg. _
~ ~xn ~ -tfld.-0 b'B' L)S "-"4 iL ·
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
(
(
MERIDIAN CITY COUNCIL MEETING:
AUGUST 17 y 1999
AGENDA ITEM NUMBER: ~
APPLICANT:
REQUEST: FLOOD DAMAGE PREVENTION ORDINANCE
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING OEPT:
CITY WATER OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
COMMENTS
SEe ATTACHED ORDINANCE
1- ~~ 1J
liP
arr
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
(
MERIDIAN CITY COUNCIL MEETING:
AUGUST 3. 1999
APPLICANT:
AGENDA ITEM NUMBER: -1L
REQUEST: FLOOD DAMAGE PREVENTION ORDINANCE
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
SEE ATTACHED ORDINANCE
CITY POLICE OEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGA liON:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIORAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NVE
PHILIP A. PETERSON
STEPHEN L. PRuss
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680..1150
TEL (208) 288~2499
FAX (Z08) Z88~Z501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653~0247
TEL (208) 466~9272
FAX (208) 466~4405
Email viaInternet@wfg@wppmg.com
PLEASE REPLY TO
MERIDIAN OFFICE
July 16, 1999
I ~~_/,t
William G. Berg, Jr.
City Clerl(
33 East Idaho
Meridian, Idaho 83642
J U L 1 6 1999
Cr~r r11~1
-' -1 11. '\.J
Re: FLOOD DAMAGE PREVENTION ORDINANCE
FILE NO.: 4.7
Dear Will:
Please find enclosed an original and a copy of a proposed ordinance for the
adoption of the new Flood I11surance Rate Map denoted as "FIRM COlnmunity Panel
# 1600 I COOOOn, and incorporated areas effective September 22 ,1 999. This Ordinance
has bee11 reviewed by Cheryl Sable and is approved for submission to the City Council.
Once this ordinance is passed please send a certified copy to FEMA and when
relying refer to 19P-N, and the Regional Office address is:
Enclosures
cc: Mayor Robert D. Corrie
Cheryl Sable, Public W orl(s
m
~) ffl-44-B'J
(41.5) ljCf1-l./l/l1P
FAX: '1~7-4lRl ~
A rr N ~ 71'r[ 11 ASSb'1
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FEMA Mitigation Division
Federal Regional Center
130 228th Street SW
Bothell, Washington 98021-9796.
If you have any questions please advise.
msgJZ:\Work\M\Meridian 15360M\FEMA\Berg071699.Mem
interoffice
MEMORANDUM
To:
Gary Smith, Public Works Director
Cheryl Sable, Public Works
Mayor Robert D. Corrie /;/h
William G. Berg, Jf., City ~U VT
Wm. F. Gigray, III (J
IlJ l 1 5 1999
7-(~-q1
~~ J; ~cL
CITY OF MERIDIAN FLOOD DAMA( u:
~~ ~':? /) ~
7~/b-ef 't
&u'G. WI)I61
~.
I received a memo from Cheryl ~ (~~ 3 J2.-...z _?) .h.<e-
the above referenced matter advising that t11ere 1;:, a ""--_ ..-
months to adopt the updated Flood Insura11ce Study (FIS) and r UJVu. --
Map(s) (FIR1v1) for Ada County, Idaho, and incorporated areas entitled "FIR1v1
Community Panel # 1600 1 COOOO of Ada County, Idaho, and its incorporated areas
effective Septelnber 22, 1999". I have reviewed Cheryl's n1emo, and the
acco111panying letters fr0111 the Federal En1ergency Managell1ent Agency, and City
Ordina11ce No. 564, which was passed in 1991 and IGloWl1 as the "Flood Dalnage
Prevention Ordinance", which will be codified in the ne'Vv City Code at Chapter 6 of
Title 10.
From:
Subject:
File No.:
4.7
Date:
July 13, 1999
Gary, Cheryl, Mayor Corrie and "'
In revievving the request, I have prepared the enclosed DRAFT
ordinance for your review.
Please review t11is DRAFT ordi11ance for any needed changes, a11d if
you need to Sllpply it to the Federal Elnergency Ma11agen1ent Agency for their review
please do that also.
I await YOtlY response.
n1sglZ:\Work\tv1\I'vleridian 15360M\FEMA\GaryCheryIMayorBerg071299.Mem
(
CITY OF MERIDIAN
tJ,.. ft:;; i.,. F-"
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-77
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SUBSECTION
B OF SECTION 3 CHAPTER 6 OF TITLE 10 MERIDIAN CITY CODE BY
PROVIDING FOR THE ADOPTION OF THE NEW FLOOD INSURANCE
RATE MAP FOR ADA COUNTY, IDAHO, AND INCORPORATED AREAS
WHICH MAP IS DENOTED AS "FIRM COMMUNITY PANEL #1600ICOOOO
OF ADA COUNTY, IDAHO, AND ITS INCORPORATED AREAS EFFECTIVE
SEPTEMBER 22,1999", AND ANY SUBSEQUENT REVISIONS THEREOF;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE Iv1AYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO:
SECTION I: That subsection B of section 3 Chapter 6 of Title 10 Meridian
City Code be, and the same is hereby amended to read as follows:
B. Basis For Establishing Areas Of Special Flood Hazard: The
areas of special hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled
~ Flood Insurance Study (FrS) for t11c Cit)~ of ?\1eridiall",
C011lplctcd iri j\ugust of 1989, "y~yith acco11Lpany"irLg flood
Insuraricc !\1aps conlplcted Scptell"'Lbcr 27, 1 991, arc hcrcb)"
adopted by'" rCferefi.CC ali.d declared to be a part of this Cli.aptcr.
and Flood Insurance Rate Map (FIR1v1) for Ada County, Idaho,
and incorporated areas entitled "FIRlvl COlnmul1ity Panel
# 1600 1 COGaO of Ada County, Idaho, and its incorporated areas
effective September 22, 1999" is hereby adopted by reference al1d
declared to be a part of this Chapter together "With any
subsequent revisions thereof. The Flood Insurance Study and
Flood Insurance Rate Map(s) are on file in the office of the City
Clerk.
SECTION 2: All ordinances, resollltions, orders or parts thereof in conflict
herevvith are hereby repealed, rescinded and a11nulled.
CITY OF MERIDIAN FLOOD DAtvlAGE PREVENTION ORDINANCE - PAGE 1
SECTION 3: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and amended
herei11 be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this ordinance independent of
the elimination herefrom of any portion as n1ay be declared invalid.
SECTION 4: DATE OF EFFECT: This ordinance shall be in full force and
effect within one (1) month after its passage, approval and publication, according to
law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
APPROVED BY THE IvIAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
Mayor Robert D. Corrie
ATTEST:
Ci ty Clerl(
msglZ:\ W ork\IY1\Meri di an 15360 M\FElv1A \Fl oodDamagePreven tOrd
CITY OF MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE - PAGE 2
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** TX CONFIRMA1i~N REPORT **
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AS OF AUG 23 '~ 15:50 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
20 08/23 15:49 208 888 1097
MODE MIN/SEC PGS CMD~ STATUS
EC--S 01'00" 002 112 OK
CITY OF MERIDIAN
ORDINANCE NO. &;8
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SUBSECTION
B OF SECTION 3 CHAPTER 6 OF TITLE 10 MERIDIAN CITY CODE BY
PROVIDING FOR THE ADOPTION OF THE NEW FLOOD INSURANCE
RATE tv1AP FOR ADA COUNTY, IDAHO, AND INCORPORATED AREAS
WHICH MAP IS DENOTED AS "FIRM COMMUNITY PANEL #1600ICOOOO
OF .ADA COUNTY', IDAHO, AND ITS INCORPORATED AREAS EFFECTIVE
SEPTEMBER 22, 1999", AND ANY SUBSEQUENT REVISIONS THEREOF;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERlDIAN, ADA COUNTY; IDAHO:
SEC1"10N 1: That subsection B of section 3 Chapter 6 of Title 10 Meridian
City Code be, and the same is hereby amended to read as follows:
B. Basis For Establishing Areas Of Special Flood Hazard: The
areas of special hazard identified by the Federal Insurance
Administration in a scientific and engineering report cl"ititlcd
~ Flood Inslrrance Study (FIS) for the City of ~{clidiar~n,
cornplctcd in :1.ugust of 1 989, -....vith accompanying flood
Insurali.CC Maps COlli-pIeted Scptclnbcr 27, 1991, arc hereby
adDpted by IcrcrtnCc and declared to be 3. part of this Chapter.
and Flood Insurance Rate Map (FIR1v1) for Ada County. Idaho.
and incorporated areas entitled <<FIRM Community Panel
# 16001 CODOO of Ada County ~ Idaho~ and its incorporated areas
effective September 22~ 199911 is hereby adopted by reference and
declared to be a part of tins Chapter together with any
subsequent revisions thereof. The Flood Insurance Study and
Flood Insurance Rate Map(s) are on file in the office of the City
Clerk.
SECTION 2: All ordinances, resolutions) orders or parts thereof ill conflict
herevvith are hereby repealed, rescinded and annulled.
CITY OF MERIDIAN FLOOD DAIvlt\GE l)l\EVENTION ORDINANCE - PAGE 1
CITY OF MERIDIAN
ORDINANCE NO. g ;3 Y
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING
SECTIONS 2 AND 3 OF ORDINANCE NO. 765; AND PROVIDING FORA
DEVELOPMENT AGREEMENT FOR THE REAL PROPERTY THAT IS THE
SUBJECT OF ORDINANCE NO. 765; AND PROVIDING FORAN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE
CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1.
That Sections 2 and 3 of Ordinance No. 765 of the City of
Meridian, be, and the same are hereby repealed.
SECTION 2.
That the real property described in Section 1 of Ordinance No.
765 of the City of Meridian is, and the same is hereby subject to and governed by the
terms and conditions of that certain Development Agreement dated the 17th day of
August, 1 999, by and between the City of Meridian and Michael Homan, Preside11t
of Luna Vista, Inc., recorded as Instrument No. qCfD~3D~d ,records of the Ada
County Recorder's Office.
SECTION 3.
All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
. "NT)' RECOROER
AQ~j.~~\rtO NAV~RRO
~Q\~E', -\O~\iO
TREMONT PLACE SUBDIVISIONJQ99 ~U 25 M~ 9: 51
(LUNA VISTA, INC.) ORDINANCE - 1
."'-.:' 'UESl Or
RtCORa~Ri~~" v.1'
IL- otP\J1'(
FE.E~
0'Ir99084 5 \
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SECTION 4.
This ordinance shall be in full force and effect frOITI and after its
passage, approval and publication, according to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
this /71'5 day of /lu-jus f- , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this f7IP- day of ~s f- , 1999.
STATE OF IDAHO,)
: ss.
County of Ada. )
On this I B day of ~l , 1999, before me, the undersigned,
a Notary Public in and for said S e, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, JR., knovvn to me to be the Mayor and City ClerIc of the CITY
of Meridian, Idaho, al1d 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\l~flJs,~he day and year first above written.
3ol0" II,,, ~
~l,~~ ~L L. Sl ###~ {
,:.,;..:-.0 ........ ~~ #" W ~
~ ~"Y"'.OI .0 V' ~ \.
!(ST:"~l(I\'fA1?r.\ '\ NO Y PUBLIC FO~IDAHO
:: r ~ .: f\Ile.t I
~ * : _.- : * i RESIDING AT: I ''<&I' S
i ~. PUB\J'-C; i MY COMMISSION EXPIRES: Id51 LJ)I
.;. .o~ 0---
~ . ^ .. .0 ~
-, ':;A:.-. · ~ ~
~Jl ~~ft~~"li~' 5360 M\T remontPlace Plat&Rez\RZtwoLuna Vista Ordinance
~### 1] OF 1: ".,...
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TREMONT PLACE SUBDIVISION
(LUNA VISTA, INC.) ORDINANCE - 2
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MERIDIAN CITY COUNCIL
AGENDA
TUESDAY, AUGUST 17, 1999- 7:30 P.M.
CITY COUNCIL CHAMBERS
ROLL CALL: ~RON ANDERSON )( CHARLIE ROUNTREE
:=X=GLENN BENTLEY ~KEITH BIRD
X MAYOR ROBERT CORRIE
I
CONSENT AGENDA
A. APPROVE MINUTES FROM PREVIOUS MEETING HELD AUGUST 3,
1999: ~v<-
B. RESOLUTION # '2 4- G -- SOLID WASTE DISPOSAL RATE
CHANGES AND ADDITION OF NEW RATES: ~(/'.e--
C. MEMORANDUM - CHERRY LANE GOLF COURSE LEASE
AGREEMENT: ~~
D. PROPERTY EXCHANGE LOT 8 & 9 BLOCK 1 OF THE LAKES AT
CHERRY LANE: ~ ~ ~-f. pi sp ~
REGULAR AGENDA
1. ORDINANCE #
- FULL TIME MAYOR:
2.
ORDINANCE # t? J 1 -- MAYOR AND CITY COUNCIL 'A
SALARIES: ~Jr.L tf-/ ~ ~ 7. <701 ftt-O~ - fv.-lir ddcC C::~;;q.f7V
APPOINTMENT OF PLANNING AND ZON~G COMMISSIO];ERS:
tl-'f7IJ'Y&7 v.L I~etd /;}-rw W A- r /2-t?-/uzrz.c( l{ ~
TABLED 8/3/99: FINAL PLAT FOR MAWS NO.3 SUBDIVISION (7 BUILDING
LOTS) BY TEALEY'S LAND SURVEYING-NORTH OF PINE & WEST OF
LOCUST GROVE ,RD: Ln J.? ~ ;ha ~
-f?l /?ee.. ~ 7 L J<ZjJ 7 .. 1 Z- ~ r
TABLED 8/3/99: REQUEST FOR PRELIMINARY PLAT FOR
WILKINS RANCH SUBDIVISION (89 BUILDING LOTS ON 27.86 ACRES) BY
STEINER DEVELOPMENT LLC - SOUTH OF USTICK & WEST OF TEN MILE:
lZ-f'P"Jif e-,
TABLED 8/3/99: ORDINANCE # g 3 B - FLOOD DAMAGE
PREVENTION: wrprov~
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
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{
13.
ORDINANCE # ~ -- ANNEXATION & ZONING OF 6.15
ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY
IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE &
FRANKLIN: ~ ~{? ~t: 7 n I~
DEVELOPMENT AGREEMENT FOR TREMONT SUBDIVISION BY LUNA
VISTA, INC. BROADWAY & STH STREET (725 W. STH): ~V~
ORDINANCE # f} 3 q -- REZONE OF 9.838 ACRES FROM R-S
WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS
FOR PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.-
BROADWAY & 8TH STREET (725 W. 8TH) ~/7Jcr..e..-
CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING
OF 4.6 ACRES BY TREASURE VALLEY BAPTIST CHURCH I K. D.
ROOFING-NORTH OF OVERLAND RD, SOUTH OF 1-84 & EAST OF TEARE
AVE: Cli;t~fo ~p~p!H elL-
CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND
CONTRACTOR'S BUSINESS BY TREASURE VALLEY BAPTIST CHURCH I K.
D. ROOFING-NORTH OF OVERLAND RO, SOUTH OF 1-84 & EAST OF
TEARE AVE: 00' C-7v'~ ;:..0 ,/J-"~-/~~ ~1~1 ckpJ';; 7~ft<-~
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR USE
OF EXISTING BUILDING FOR A PRIVATE SCHOOL-BY CAPITAL
CHRISTIAN CENTER-NORTH OF FAIRVIEW & WEST OF EAGLE ROAD.
?11--z4 p...~ fo ~/CM-tZ- /I? .{ elt
PUBLIC HEARING: REQUEST FOR VARIANCE FOR TIME EXTENSION FOR
FINAL PLAT OF PACKARD NO.1, PHASE 2 BY TEALEY'S LAND
SURVEYING - NORTH OF FAIRVIEW AND WE. ~T OF EAGLE ROAD:
UN ~~ .p jt1-4tpt7~ r(;:-' (YvlL
PUBLICYHEARING: 'REQ(JESt FOR VARIANCE FOR PRESSURIZED
IRRIGATION IN MAWS NO.3 SUBDIVISION BY TEALEY'S LAND SURVEYING
- NORTH OF PINE AND WEST OF ADKINS AVENUE:
{!;~~ .k; ~p~oA-t- -P/?( c/l-
PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.0
ACRES OF LAND FOR OFFICE USE (I-L ZONING) FOR JACKSON'S FOOD
STORES-NORTH OF FRANKLIN ROAD & EAST OF EAGLE ROAD.
Ct'/11 p~ ,tP~/'~ ..rIFI ell..
PUBLIC1-lEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PUD
TO ALLOW OFFICE BUILDING CONSTRUCTION ON ADJOINING SITE FOR
JACKSON'S FOOD STORES-NORTH OF FRANKLIN ROAD & EAST OF
EAGLE ROAD. . ~
c;J.y tv~h fhLfJcv..e .,c/p fel{ I ,{ez.t'dWrV/J7 ~
PUBLIC HEARING: REQUEST FOR PARTIAL EASEMENT V ACA rlON IN
14.
15~
16.
17.
18.
19.
20.
2 2-. ~
Z3~ ?If
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ENGLEWOOD CREEK NO.2 SUBDIVISION BY BRIAN LEE CONSTRUCTION
- LOT 17. BLOCK 6. C(~ a-~cf Iv ~j'/c~ trl--~ ~ ~prv~
PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF
APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR
PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC-
NORTH OF 1-84 & WEST OF EAGLE ROAD, ~ST OF ALLEN STREET.
cl).y a~~ -fo ~p~ PI ~ f c/~
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A
DRIVE-THRU FOR MOXIE JAVA BY AVIt L.L.C.-1800 N LOCUST GROVE
RD: (Jilt ~1/lnne1.p ~~ /yp I c/R
PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT INCLUDES
SIGNAGE FOR CHEVRON C-STORE WITH GAS PUMPS & DETACHED CAR
WASH, MCDONALD'S WITH DRIVE-UP WINDOW (SAME BUILDING AS C-
STORE) & IDAHO UNITED CREDIT UNION BY EAGLE PARTNER8-NW
CORNER EAGLE ROAD & MAGIC VIE~ D'5 I
e / t'1. a Itn n.c-:f /-0 ;:ru-f7~ -/i.j: ::t & ~
WATER I SEWER I TRASH DELINQUENCIES:
t:U; I~~ /1-a y JL-;
DEPARTMENT REPORTS:
1. GARY SMITH:
A. CHANGE ORDER NO.1 FOR WELL NO. 18 PUMP AND
PUMPHOUSE: a~v ~ frl-Ylfh:!€f- ~S'.fr-u-ch~
B. CONSTRUCTION INSPECTION - WASTEWATER TREATMENT
PLANT PROJECTS: ~t9V'~ IJ-It/~a!el1-- &nwlrl<.dl~
C. CONTRACT MODI FICA TtON - USTICK RESERVOIR &
BOOSTER PUMP STATION: ~A/;/(lllL eChSiradJ~
a..,,tJ? rtJV'.e-
D. BID RESULTS I AWARD 1999 WATERLINE PROJECT PHASE 1
OVERLAND ROAD TO EAGLE ROAD: J-,' i{
a PP n)V.t:- /Jyllevn. (}.nJ' /nr.-cll 'en-) 15.2/ 51.6. 2. 5
E. AMENDMENT TO EASEMENT AGREEMENT WITH B & F
ENTERPRISES:
qpl;9v..e-,
2. KENNY BOWERS:
A.
B.
COLLECTIVE LABOR AGREEMENT WITH UNION #2311:
/1-V av-~~
LINE ITEM ADJUS-rMENTS:
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MERIDIAN CITY COUNCIL MEETING:
AUGUST 17.1999
APPLICANT:
REQUEST: MAYOR AND CITY COUNCIL SALARIES
AGENCY
COMMENTS
(
AGENDA ITEM NUMBER: ~
CITY CLERK:
SEE ATTACHED MINUTES & ORDINANCE
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE OEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
t ~1; 1
IJ.J./
utle re I yvJJ I
01 Jwvi J
r}( l 0 r SJ ~
~
INTERMOUNTAIN GAS:
BUREAU OF RECLAMA liON:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
(
(
CITY OF MERIDIAN
ORDINANCE NO.
BY COUNCIL MEMBER:
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING
SUBSECTION A 1. OF SECTION 4 OF CHAPTER 8 OF TITLE 1 MERIDIAN
CITY CODE TO INCREASE THE MAYORS SALARY TO
($ ) PER MONTH, PRESIDENT OF THE CITY COUNCIL TO
($ ) PER MONTH, AND CITY COUNCIL MEMBERS TO
($ ) PER MONTH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
SECTION 1: That Subsection A 1., A 2. and A 3. of Section 4 of Chapter 8 of
Title 1
Meridian City Code be amended and the same is hereby amended to read as follows:
1-8-4: SALARIES:
A. Elective Officers:
1. Mayor: The salary of the Mayor shall be one thousand t""""Y,,"(o
hundred dollars ($1,200.00) dollars
L$ ) per month, payable monthly.
2. Council: The salary of each member of the Council shall be five
hundred dollars ($500.00) dollars
L$ ) per month, payable monthly.
3. Council President: The salary of the president of the Council,
when acting in the capacity of Mayor, shall be the saIne as the
!\1ayyor, L$ ) per month~ payable
monthly. prorated for the period of tirrie he shall perform the
duties of I\1ayor.
ORDINANCE MAYOR'S SALARY - 1
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SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict
herevvith are hereby repealed, rescinded and annulled.
SECTION 3: VALIDITY: The Meridian City Council hereby declares
that any section, paragraph, sentence or word of this Ordinance as adopted and
amended herein be declared for any reason to be invalid it is the intent of the
Meridia11 City Council that it would have passed all other portions of this Ordinance
independent of the elimination herefrom of any portion as may be declared i11valid.
SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an
action or proceeding commenced or right accrued before this Ordinance tal(es effect.
SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force
and effect January I, 2000, after its passage, approval and publication, according to
law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
MAYOR ROBERT D. CORRIE
ATTEST:
CITY CLERIC
msglZ:\ W ork\M\Meridian 15360M\Ordinances\CITY GOVERNMENT ORDINANCES\MayorSalaryOrd063099
ORDINANCE MAYOR'S SALARY - 2
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MERIDIAN CITY COUNCIL MEETING:
AUGUST 3. 1999
APPLICANT:
AGENCY ITEM NUMBER: -L-
REQUEST ORDINANCE ON SALARIES
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
SEE ATTACHED ORDINANCE
CITY FIRE OEPT:
CITY BUILDING DEPT:
-(Mlt 16 g-1/7
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
(
interoffice
MEMORANDUM
RE C' --: E I-V----t;-"'-.-; 1\,',
i _~- , J H
..1.-.. t I
J U L J 0 199~~
S : _t :/- ,~, :' ~\ ~ "':-: J i :J ~1
C i t Y f':. 1 e !:' k '_J f r ice
To:
William G. Berg, Jr.
cc:
Mayor Robert D. Corrie
Councihnan Anderson
Councilman Bentley
Councilman Bird
Councihnan Rountree
From:
Wm. F. Gigray, ill
~o<"
Subject:
ORDINANCE ON SALARlES
Date:
July 28, 1999
Will:
At the request of the Mayor, I have prepared a revised ordinance
pertaining to the Mayor's and Council's salary, for City Council consideration of the
revised proposed ordinance. This ordinance establishes new salaries for the Mayor,
President of the Council and Council members. Please note I have not filled in any
amounts, but left those areas blank. I have been advised that the Council will have
discussion on the salaries at a City Council meeting.
If you have any questions please advise.
msgjZ:\ W ork\M\Meridian 15360M\Mayor and Council\ClerkO 72899SalariesOrd.Mem
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interoffice
MEMORANDUM
F,ECElVED
AUG 0 3 1999
City of 1\1eridian
Citv Clerk uffice
~:f:f: ~
To:
William G. Berg, Jr., Clerk's Office
From:
Marlene 81. Ge
Subject:
ORDlliANCEON SALARlliS
Date:
August 3, 1999
Will:
At the request of the Mayor, I have prepared a revised ordinance
pertaining to the Mayor's and Council's salary, for City Council consideration of the
revised proposed ordinance. This ordinance establishes new salaries for the Mayor,
President of the Council and Council members. Please note I have not filled in any
amounts, but left those areas blanl(. I have been advised that the Council will have
discussion on the salaries at a City Council meeting.
Additionally, today please note a new revision to the ordinance on page
1 at number 3, the words "when acting in the capacity of Mayor" have been stricl(en
through. This new revised ordinance needs to replace the previous ordinance
sent down on July 29th.
If you have any questions please advise.
msg/Z:\ W o rk\M\Meridian 15360 Iv1\Mayor and Council\Clerk0803 99 SalariesOrd. Mem
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CITY OF MERIDIAN
ORDINANCE NO.
BY COUNCIL MEMBER:
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING
SUBSECTION A 1. OF SECTION 4 OF CHAPTER 8 OF TITLE 1 MERIDIAN
CITY CODE TO INCREASE THE MAYORS SALARY TO
($ ) PER MONTH, PRESIpENT OF THE CITY COUNCIL TO
($ ) PER MONTH, AND CITY COUNCIL MEMBERS TO
($ ) PER MONTH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
SECTION 1: That Subsection A I., A 2. and A 3. of Section 4 of Chapter 8 of
Title I
Meridian City Code be amended and the same is hereby amended to read as follows:
1-8-4: SALARIES:
A. Elective Officers:
1. Mayor: The salary of the Mayor shall be one thousari.d t,..vv~O
hUl..dred dollars ($1,200.00) dollars
($ ) per month, payable monthly.
2. Council: The salary of each member of the Council shall be five
hundred dollars ($500.00) dollars
($ ) per month, payable Inonthly.
3. Council President: The salary of the president of the Council,
"'v"'v~hel.. acting in the capacity'" of 1\1ayor, shall be the saIne as the
1\1ay"'or, L$ ) per month~ payable
lTIonthly. prorated for the period of time he shall perform the
duties of I\1ayor.
ORDINANCE MAYOR'S SALARY - 1
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SECTION 2: All ordinances, resolutions, orders or parts thereof i11 conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 3: VALIDITY: The Meridian City Council hereby declares
that any section, paragraph, sentence or word of this Ordinance as adopted and
amended herein be declared for any reason to be invalid it is the intent of the
Meridian City Council that it would have passed all other portions of this Ordinance
independent of the elimination herefrom of any portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an
action or proceeding commenced or right accrued before this Ordinance tal(es effect.
SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force
and effect January 1,2000, after its passage, approval and publication, according to
law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
MAYOR ROBERT D. CORRIE
ATTEST:
CITY CLERIC
msglZ:\ W ork\M\Meridian 15360M\Ordinances\CITY GOVERNMENT ORDINANCES\MayorSalaryOrd063099
ORDINANCE MAYOR'S SALARY - 2
P ~_::::;:I --....,
P...02
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CITY 01--. MEI{JDlAN
RECEIVED
AUG 0 3 1qqq
ORDINANCE NO.
C}ty of Zl/feridiarJ
CIty Clerk ()ffjce
~J:! ;L
.BY COUNCIL MEMBER:
AN ORDINANCE 01-= THE CITY OF MERIDIAN, IDAHO, AMENDING
SUBSECTION ^ 1. OF SECTION 4 Ot-: CHAPTER 8 OF TITLE I MERIDL\N
(:JTY r:O[)E TO lNClt~:ASE ~I\HI: MAYOltS SALAlty ~f\O
($ ) PER MONTH, PRESIDENT Ot-: THE CITY COUNCIL TO
($ ) PER MONTH, AND CITY COUNCIL MEMBERS TO
($ ) PER MONTH; AND PROVIDING AN EFFECTIVE
J )A'r~:.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
Crl~Y Of MEltIL)lAN~ IDAHO:
SECTION 1: That Subsection A 1., A 2. and A 3. of Section 4 of Chapter 8 of
'J'itJe 1
Meridian City Cock be .Hllcnclcd and the same is herehy :lmended to read as l()I1ows:
1-8-4: SAIAI~ ) ":S:
A~ Elective Officers:
I · M,tyor: 'l"he salary uf tIle Ma}'or Sh:1JI b~ O"LC tJ'LOl1.~and,.tVtft)
11uIldrt.:d dulli.lL3 ($1 )20().OO) d()JJar,q
LS ) per month, payable monthly.
2. C:()llnci]: ~l~rle ~alary of each Incm]1cr (}f tlle Cutn,eil sh;i.ll ])c five
11tll1{lrctl clollar~ ($5(){)'()O) dollars
( $ ) per momh, payable mOllt h Iy .
:~. (:()uncill)resid~llt: Tl1C salal)T of tIle IJrt~si(ieI)l. of lhe C:Oll)lciL
yVI-~trl i1CtiI\~ in lliC: ca11acit)'.. of ry1a)~or., shalll)e tIle ~~ar'I)r as-the
M::!yOf; ($ ) }J~r H\()11!.th payable
l1)()nlhly. I)roratc(! for t.llc }1criuu of t in1C 11c 311alJ pcrforfft"'i:'he
fh-tt ic~ <)f !\..ia yp()r.
Ol~l)I NANC:E MAYOR'S SALA]~Y - 1
AUG 03 '99 09:18
PAGF_Vl?
P...03
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SECTION 2: All ordinances, resolw iom, order~ or pans lhereof in confliCT
hC'rc:\-vi t J\ a r<:- hereby' re.pcalcd, rcsci nded a 1 \d al\I1Ulled.
SECTION 3: V ALIDITY: The Meridian City Council hereby declares
that any scction, para&'Taph, sentence or word of this Ordinance as adopted and
amended herein be declared for any r(':~son to be illvalid it is the intent of the
Meridian City Council th3t it would have J.>a~sed all other portions of this Ordinance
independenl of thl' e!imin;'ltion herefrOHl of any portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE: This Ordinance docs not affcct an
acti()rl ()r l)r()ceedi11g c()mlnenced or rigl1L accrued hc[()rc (his ()rdinal1cc take!i effecl.
SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force
and effect Janwuy 1, 20()(), aher its passage, approval and publication, according to
I~w.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, lhis
day of J 1999.
APPROVED BY THE MAYOR OF TIIE CITY OF MERIDIAN, IDAHO, this
day of J I 999.
MAYOR RC)BERI- D, (~O](RI1~
^'l~ J'ES' J.:
CI'J'Y (~I,ERI(
I'I'I'1!I'/:\ W ork\M\Mcr Idi;1 I I I) '1()O "'1\( )rdin.ant..'c::;\crTY ( ~()V I.,I\N IVtl~(\jT ()R n 1 i\:^\:( :l~S\j\'1..~yn1'5;llal y( )r<.!()(} .~O!)i)
Ol\l)] NA:\JCE Ml\ Y()R'S SAI..^RY - L
AUG 03 '99 09:18
PAGE.0~
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MERlDIAN OFiC:
F -~C5ilv1ILE TR~\1\jSiv1ITI~~L
o ATE:
JI. 3-99
TIlv1E:
, /'
TO: \ ~? )L ~Le~~
CO wrp .Ou'fY:
F .0.\.,'( #: S !/f - ~I d)/ 17'
PHONe;
RE: (1)/7. ~l. d'vr..
NUMBER OF ?}-\.GE5;
~7)
FROM: '1a,t( -(hX.-L/
VVh.ite, P c::e:-s on, Pruss, Lvlorrow & GiQ:!"c:i.v
1...,; _
:v.fe:idian Office
PHONE: (:08) 288-2499
,. j'#-.-{~a:''Le~
::? I
~ (Inc!uain~ cove!" ::hee~)
.i..(./ {J.'_.6'~ ~<. ~~..-?t..c:;t k.(:~/~
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.)nlV ~~ :!1t7 :1Liiv.tciu~i.:o ',vnorn ..!:' S ~Jo.r12~~:':2.i. :f ~:C)t1 "'e':~~':c: ~111.": ::-~rlSin~~Sj()n ~.:-. .-;:=:~r
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AUG 03 '99 09:17
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CITY Of M EltlDlAN
AU6 1 7 1999
CITY OF lVIERIDIAN
OROJNANCE NO.
BY COUNCII~ M~:MBE[t:
AN ORDINANCE OF fl~H~: cr.fV OF MERIDIAN, IDAlIO, AMENDING
SUBSE<:TI()N A I. OF SEC'ltION 4 OF CHAP.l~ER 8 Of TITLE 1 MERIDIAN
(~ITI' COnE TO lNClu:A.SE .1~HE MAYORS SALARY T()
($ ) PER MONTH AND CITY COUNCIL MEMBERS TO
($ ) PER MONTH AND DELETING ANY PROVISION POR
SEI>AltA'J'J:-.: SAl~Al{Y fOlt COUNCIL l'ltESIDEN'f; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ()RDAINED BY TIlE MAYOR AND TIrE C1TY COUN'ell OF TIlE
CITY Of MERIDIAN, IDArIO:
SECTION 1 :Thal Suhsection A I. and A 2. of Section 4 of Chapter ~ of Title I
Meridian City Code be amended and the same is hereby amendt'd to read as follows:
1-8-4: SAI,Af~)ES:
A. ElcClivc Officers:
J · MaJyor: The salary of the Mayor sllall be 01\\: tl'{)d..~~t 11(1 t~\-y ()
t~llnd1"rd dollars ($1 ,200.()()) dollars
($ ) per month, payable monthly.
L. Ct) 1.111cil: T11c salaI)r of ear h Il)f"Tlll)cr o[ the (~()l1rlcil ~}\ a II he hve
11ur'Ldrc{lll(>11ilr~ ($SOO.O()) dc)llars
{~ ) per month, payable monthly.
:1. <: ~() L1l1Cil I )rc:5 ide n I. Th f ~al al)i of tIle ~) r1.3i (Ie n. t. () f:"'t.}i c C<> U 1 'leil~
\VllCI1<lctiJlfl; in the cal)acit)ruf 1\1~1:{()r, ~halll)c tILl :;~\ll\C a:; the
f\.1syor, pay"al)lc 11'l{}!ltlll:v prorated [()r tlic pcrio(l of tiI11C 11<': ~ll~lj
l)Cr[{)fll"L tIle {lllt ie.'} of i\.1Ciyor.
SEC~J~ION 2: i\ll orclillanccs, resolutiOI\s, orders or ~)arts l11cre()f ill <'~()11niCl
herewil11 are l1ereby rCI)calcd) res(:in(l4..~rj aLld anllUllt:cl.
Ol~J)J Ni\NCF, MA Y()R'S SAl.ARY - 1
AUG 17 '99 17:01
PAGE. 02
P...03
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SECTION 3: VALIDITY: The Meridian City Council hereby dt'dare"
Ih~H any st'ction. paragraph, scnt.cncC' or word of this Ordinance as adopted and
alIlelldec.i herein he declared for ally reaSUIl to be irlvalid it is the intent ()f the
Meridian City Council th:it it would have passed all other portions of this Ordinance
independent of t he elimination herefrolIl of allY portiun as may be declared invalid.
SECTION 4: SAVINGS ClAUSE: 'rIds Ordin<lIH.:e doe~ llot affect an
actiC)11 ()r l)f()cccding C:OH)I11t'nccd or righr ;~('cruetl beft)re thi~ Ordi"atlCe tak.e~ effect.
SEC-l"\lON 5: DATE OF EFFECT: This ()rdi11ancc s}1all11c in fLlll ["()rcc
and effect January 1, 2000, after its passage, approval and publication, according to
1a \V.
PASSED HY TilE COUNCIL OF TIlE CITY OF MERIDIAN, IDAHO, this
day of ) 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, [DAIIO, this
day of , 1999.
MAYC)R ROBEltl- D. COl(Rrl~
A' lOJ J 'EST:
(~I~rY CLEI{!(
ln~wZ.\vV()1 k\.\'l\~'h"rit'i;flli I ').160M\()1 dlllan('c~\Cl1Y C( )VERNMENT OR DINANC ~E~\M:1~()rS;111lrv()rd()6'~09l.)
ORDINANC:E MAYOR'S SAlARY w 2
AUG 17 '99 17:02
PAGE. 03
.......u~
interoffice
MEMORANDUM
To:
T~ D C~ T~~ T~IIi-l
i:< fl I . J J---" -'1- \ J.. - i
J V.::'-- .....-
AUG 1 7 1999
11'I"Onl :
CITY OF lVIERIDIPL1~
Subject:
Date: August 17, 1999
Will:
Pursuant to a meet ing wit h t.he Mayor this aft ernoon, please find
at (ac]1e{1 a new Draft ()rdinancr p('f1.ai n il1g lO l he <\11ovc Inall l'rs. Tn j~ ncvv Draft
ordinanr:e h:~s heen prepared at the rcqu('s! of the' Mayor and my direCI ion 10 him for
consideration as an alternative ill relation to Agenda Item No.2.
Please keep this new ordinance [or lonighls City Council meeting.
If YOtl tlave ~I\Y questiollS IJlease <u.lvist.
tn~,IV L.\ W 01 k\]\t1\Tv1cl i dHH) I 5 ~ 60~1\..~1nyor :\ 11<1 Cnund l\n(,f,\{S/dary( hdOR I 799...."'leu.
AUG 17 '99 17:01
PAGE. 01
P...02
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Cll"Y OP MERIDIAN
ORDINANCE NO.
BY COUNCIl, MEM13f:l~:
AN OItOINANCE OF "THE CIlY OP MERIDIAN, IDAIIO, AMENIJING
SUBSECTION A 1. OF SECTION 4 OF CIIAPTER 8 OF TITLE] MERIDIAN
CI~I'\Y CODE J-I"\O INCREASE THE NlAYORS SALARY TO
($ ) PER M()NTH AND CIlY C()UN(:IL MEMBERS T()
($ ) PER MONTIr AND DELETING ANY PROVISION fOR
SEPARATE SALARY FOR COUNCIl. PRESIDEN'T; AND PR()VIDIN(; AN
EFFECTIVE l)A TE.
BE IT ORDAINED BY TIlE MAYOR AND TIlE CIlY COUNCIL OF THE
CITY Of MERIDIAN. IDAIIO:
SECTION] :Th.al Subsection ^ 1. .and ^ 2. of Section 4 of Chapter 8 of Title 1
Mcridi:in (~ilv C:odc ]1C an1CJlde(t antl the ~allle is 11erellV alllel)c!ccI to rl::1.ti as ("o11()\vs:
.I .
1-8-4: SAURIES:
A. Elective Officers:
1. Mayor: The salary of the Mayor sllall l>e (}r\C th(Hl:,a11d l;W()
hllr'~drfd d()lL~r3 ($1,2()O.OO) d()llar~
($ ) per mOl'll h, payable monthly.
2. COUI1Cil: The ,c;;alary ()f eacll lIlelnl)cr of t he (:()uncil ~lla II be ~
bUl1(lrc(1 (lollars ($500.00) d()l1ars
($ ) per 1l1onlh, l)ayable lI10l)thlyf.
3. CO;'111Cil rr~idcrLt. "I-he 3aJ&fyY of L11( pfl':dflrnl of l11c (:u~lr)ciL
\vh en 3.(:-:t irlg iri tlic (,~l psc:i l.)~ ()f !vIii y.ur, sh&1I ])( tIle ~alnc S.S L}re
M~y()r, llRy.ablc IllOnthly pr()ratcJ for the. 11cri(){1 uf til))C h~
t',crf{)nrL tIle dill ics {,f Pvldy'or.
SECTION 2: 1\11 orc..lillanccs) reS()ltltioL1S, orc..lers or parts tl\ercof in cUl\flicl.
hert:\tvi t}\ arc 11er~ by rCI)calcd) re ~("i n dcd and <\ Tl J\ l.d led.
Ol{l)rN1\.N(~:r: MAYOIZ'S SAIARY - 1
AUG 17 '99 16:58
P...03
SECTION 3: VALIDITY: "1l1e Meridian CilY Council hereby dedart':;
that allY section, paragraph, srntl:IlCE' Or word of this Ordinance as adopted and
alnen(icd herein 1)(' declared for all}' reaSUll tu be illvalid it is the inlt11l ()f t]1C
Meridian City Council tItat it would hc.\Ve paslied all other ponions of this Ordinance
indr.pr.ncknl nf the elimination herefrom of any purtion as lIlay be declared invalid.
SECTION 4: SA V.INGS CLAUSE: 'fhis Ordirlancc C!()C'.'-' r)ot aff(tCl an
actiorl or J,r()ceeding commenced or right accfllcd 11c[(>fc this ()rdinancc laJ<cs effect.
SEC'l'ION 5: DAr-rE OF EPPE(:T: 'I-his ()rdinanc:c sha1111c in fllll j"()rcc
and ('fji:'(l January J, 2000, after its pass~ge, approval :lnd puhIic::u ion, according 10
J 41 \V .
PASSED BY THE COUNCIL OF THE CITY OF MEIUDlAN, IDAHO, thjs
(lay ()f >> I 999.
API')ROVED BY r-l~HE MAYOlt OF ~I"HE Clt!,y Of MEI~rl)IAN, JI)AlJO, ll,js
day of , 1999.
MJ\Y()R ROBElt'l~ D. C:()!(){( r~
A'l~ 14ES' If:
Cl'l.Y CJ~rRI(
n I:;gl L:\ W nr~\M\Mc.riJi:~r1 J s:~ 60M\()(dll,\f)I"\(.C's\c:rrv (;()VI=.H.:'\.' M ENT ()R I)) N^N(~LS\Jvl;\.v() 1'$:\1;) ryo()rdOf>1099
O}\r)INAN(~~I-: M^YOJ~:S SAlJ\J.(Y - 2
AUG 17 '99 16:58
PAGF . vr~
P..OJ.
(
"
interoffice
MEMORANDUM
RECE.rVE-lr-.")
~t \r ~,}
AU6 1 7 1999
CITI OF rvmRIDw~
l,'rOln:
To:
Subject:
Date: August 17\ 1999
Will:
Pursuant to a meeting with the Mayor this ,)fternootl, plr:lS(~ find
atrClched Cl new Draft Ordinance pertaining to (he above matters. This new Draft
ordinance has been prepared at the request of the Mayur and my dircClion lO him for
c()nsidcr.:\l j()n as an alternalive in relatio11 r() l\gell<.la ItelIl No.2 0
1_
PJe.\se keep thLs new ordinance for tnnights City Council mccting.
If y<)U have all)' c.luestior\~ please auvit\eo
rn,,:~/i'.,\vV()rk\M\Mt:rtJlt\11 ) 5:56()~1\MdYCJr Ctnu C(".111d)\HcrgSnl[lryOrrlO~ 1/(1) M(Oni
AUG 17 '99 16:58
(
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f
interoffice
MEMORANDUM
To:
M -::ill?
0U6~~
~cy
"-
cD/ld. h tu
~#~
r:td ~ UJ~~
a;I tiu ~
I. C
I
i
.i
i
I
i
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i
From:
Subject:
Date: August 17, 1999
Will:
Pursuant to a meeting with the Mayor
attached a new Draft Ordinance pertaining to the at
ordinance has been prepared at the request of the Iv
consideration as an alternative in relation to Agenda
Please l(eep this new ordinance for ton:'
Yuo
If you have any questions please advist
msg/Z:\Work\M\Meridian 15360M\Mayor and Council\BergSalaryOrd0817S ~ ~<~ a;/-
L; -1" j;d~lm, , .
to it! ~/ -AA'/ /1. ~ ,..
~ ' .(/;;;;:' . ~
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CITY OF MERIDIAN
ORDINANCE NO. 837
BY COUNCIL MEMBER: t'ftairlie. /Cavn-treL
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING
SUBSECTION A 1. OF SECTION 4 OF CHAPTER 8 OF TITLE I MERIDIAN
CITY CODE TO INCREASE THE MAYORS SALARY TO
($ ~ G67~) PER MONTH AND CITY COUNCIL MEMBERS TO
($ . 500, '?!2 ) PER MONTH AND DELETING ANY PROVISION FOR
SEPARATE SALARY FOR COUNCIL PRESIDENT; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
SECTION I :That Subsection A 1. and A 2. of Section 4 of Chapter 8 of Title 1
Meridian City Code be amended and the same is hereby amended to read as follows:
1-8-4: SALARIES:
A. Elective Officers:
1. Mayor: The salary of the Mayor shall be one thousand t...v~v~o
hLIl'ldred dollars ($1,200.00) dollars
($ 1,66 7~ ~ ) per month, payable monthly.
2. Council: The salary of each member of the Council shall be five
hundred dollars ($500.00) dollars
($ f:JoO. ~ ) per month, payable monthly.
3. Council President. The salar}~ of the prcsideIlt of the Council,
"'/v"hen acting in the capacit~f of I\1~r~vor, shall be the san'le as the
l\.1ay~or, pay"ablc monthly prorated for the period of tini.c he shall
pcrform the duties of 1\1aJ'-or.
SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
ORDINANCE MAYOR'S SALARY - I
(
SECTION 3: VALIDITY: The Meridian City Council hereby declares
that any section, paragraph, sentence or word of this Ordinance as adopted and
amended herein be declared for any reason to be invalid it is the intent of the'
Meridian City Council that it would have passed all other portions of this Ordinance
independent of the elimination herefrom of any portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an
action or proceeding commenced or right accrued before this Ordinance takes effect.
SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force
and effect January I, 2000, after its passage, approval and pllblication, according to
law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
17~ day of ~..f C ,1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
NrAYOR ROBERT D. CORRIE
ATTEST:
CITY CLERI(
n1sg/Z:\ W ork\lV1\Meridian 15360 M\Ordinances\CITY GOVERNMENT 0 RD INANCES\IVlayorSalaryOrdO 63 099
ORDINANCE MAYOR'S SALARY - 2
/
(
MERIDIAN CITY COUNCIL MEETING:
AUGUST 17. 1999
APPLICANT:
DEPARTMENT REPORTS
AGENDA ITEM NUMBER: 221A
REQUEST: GARY SMITH - CHANGE ORDER NO.1 FOR WELL NO. 18 PUMP AND PUMPHOUSE
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
C1TY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
COMMENTS
SEE ATTACHED INFORMATION
CITY WATER OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMA liON:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
~ \q
OJf-r l}4
~ b ,0
ADA COUNTY STREET NAME COMMITTEE:
(-
INTEROFFICE MEMORANDUM
TO: :MAYOR & COUNCIL
FROM: GARY D. SMITH, PE
SUBJECT: WELL NO.i8 - .PUMP AND PUMPHOUSE - aIANGE ORDER NO.1
J)Jl~ 08/02/99
CC: FILE
Attached is Change Order No.1 for this well project. This Change Order adjusts the final
quantities of the contract to construct the Pump and Pumphouse fot this well.
The majority of the costs in this change oroer deal with replacement of the sod and sprinkler
system that took a beating during the drilling of the well. Even though the well lot is owned by the
City of Meridian, the developer and ot: the Homeowners Association had improved the ground
sutface with sprinklers and grass and it was ow: responsibility to see that the surface was :restored to
its original condition. We had restricted the driller's movements, however, the area we had set aside
was not large enough and couple4 with the wet weather we lost quite a bit more ground cover than
we expected.
I request yow: approval of this Change Onler No.1 to final the quantities for the building of Well
No.18, Pump and Pumphouse.
Regards,
Gary
Change Order No. 1 - Final Qua(
ies
Contract For: Well No. 18 Pumping Facilities
Owner: The City of Meridian
Contractor: Irminger Construction, Inc.
Date: 7/30/99
State of Idaho
Ada County .
Description of Changes Decrease in Contract Increase in Contract
(Supplemental Plans and Specifications Attached) Price Price
1. Bid Item 2a - Add 7558 square feet of additional lawn sod $4,534.80
restoration due to well drilling operations exceeding planned
work area at revised unit price of 0.60/sf.
2. Bid Item 2b - Add $435.58 to orjginallump sum bid price for $435.58
additional sprinkler system adjustments required due to
well drilling operations exceeding planned work area
3. Bid Item 3 - Add $1,041.81 to original lump sum bid price $1,041.81
for the Vertical Turbine Pump & Motor for the addition of 20
feet of additional 1 A" column and shaft required based upon
the final as-constructed well performance.
Totals $0.00 $6,012.1 9
Net ChanQe In Contract Price $6,012.19
Justification: Items covered under this change order adjust the final contract price to reflect the as constructed
quantities.
The amount of the Contract will be Increased by the sum of Six Thousand Twelve and 19/100 dollars ($6012.19)
The total for this Contract including all previous Change Orders will Be One Hundred Fifty One Thousand Nine
Hundred Thirtv Three and 78/100 dollars ($151.933.78).
This document will become sup lemental to the contract and all provisions will apply hereto.
~
Requested by:
a-Jz/19
Date
Accepted by:
Q,~ \~ ~
.
Irminger Construction, Inc. - Carllrminger
7-Jb-.7f
Date
"\ .O(j , ~C\
Date
Recommended by:
RECEIVED
JUl 3 0 1999
MEFdDIAN
CITY ENGfNEEP
COMPANY,IINC,
4444 SO YELLO\\'STC~.E HWY.
P.O. SOX 51259
IDAHO FALLS. IDAHO 83405
PHONE: 208 I !2g.6a68
1 -8OO..427-QSSa
FAX {20SJ 529..4332
SILL TO:
IRMINGER CONSTRUCTION, INC.
3473 BROOKSIDE LANE
BOISE [D 83703
ShiP TO;
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INVOICE
DATE
5/18/1999
INVOICE"
12393
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Carl
EW 5/18/1999 DELIVERD IDAHO FALLS
Net 30 ·
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1 Floway
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~Jo1:i Name: Meridiari'WeU'# 18 --- ,,'.-..----, -~-- ,~_. - ,_. -
FJoway 125HP Deepwell pump as follows per
quote:
I - 125HP U.S. Inverter Duty Motor
1 - 10" Floway Discharge Head
80' - lOx 1-1/2 Column & Shaft Assy
1 - FJoway 14DKNI Bowl Assy
1 .. 10' x Ion Suction Pipe
1 - 10" Cone Strainer
I .. Soleplate
80' - lit PVC Air Line & Fittings
2 - John Crane Model 3710 Split Seals
20' Extra Column & Shaft per engineers request
IDAHO 5% SALES T J\X
1 Other
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PO Box 1726, Idaho Falls. ID 83403
9-0 t 53
22,301,00
22,301.00
880.00
5,000/0
880.00
1,159i05
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3473 BraoQIde lane
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MERIDIAN CITY COUNCIL MEETING:
AUGUST 17. 1999
APPLICANT:
DEPARTMENT REPORTS
AGENDA ITEM NUMBER: 221 B
REQUEST: GARY SMrrH - CONSTRUCTION INSPECTION WWTP
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE OEPT:
CITY FIRE DEPT:
CITY BUILDING OEPT:
CITY WATER OEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SEE ATTACHED INFORMATION
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
(j;~O~
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
AI! Materials presented at public meetings shall become property of the City of Meridian.
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Memorandum
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To:
MA VOR CORRIE
file
Gary D. Smith, PE /1,." _ ,
08/10/99 /0
Construction Inspection - Wastewater Treatment Plant Projects
cc:
From:
Date:
Re:
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I have been concemed that the construction projects at the wastewater treatment plant
are receiving adequate inspection during the building process. .In that regard Brad
Watson and I met with Ed Ankenman, who has done project inspection work for one of
~~ineers YJe have retained to do project design work at the wastewater plant
~-~-_.....................................~. ~.
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~~"[~bmitted a proposed contract between himself and the City of Meridian to
doftfrefconstruction inspection work at the lant for the ro.acts that we resenUy have
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yoae~~~~tract. He is proposing an hourly rate to us since he will not always be needed
~~lfie~~ite. He will however, be available to inspect the vvork as needed to assure
usttnatttfle contrador is constructing the project in accordance with the project plans. 8.
~)?!~~!Us prooosal is attached for your review.
.................................--............_~...............
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Ifu1fl~~ past, we haw relied on some of John Shawaoft's personnel, primarily his
aSSistant superintendent, along with some visits by a representative of the project's
design engineer at critical periods of the construction process. Ed will be able to
support us with a more or less full time inspection process thereby relieving other costs
we have had to pay to the design engineer and relieving the responsibility that was
placed on John's personnel to look after parts of the construction.
We have talked to the design engineers of both projects presently under construction
and they do not have any problem with us retaining our ovvn inspection person. They
have asked, and we have obviously agreed, to keep them in the loop as the project is
being built, especially as it concerns problems dealing \Yith the design.
Another part of this inspection issue is that we have to certify to DEQ within 30 days
after a project is completed that the project was constructed in substantial conformance
with the approved plans and specification. Having our 0VvTl inspector will maf<e this
certification much easier to provide.
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August 10, 1999
As far as total costs are concerned, Brad and I are estimating an approximate
expenditure of $5,000. per month for a 9.month time period. This equates to $45,000
for $4.3 Million dollars of construction (two projects).
I request your approval to place this on the August 17, 1999 City Council agenda
with distribution of the above infonnation to the Council.
Regards,
Gary
2
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CONTRACT BETWEEN
CI1Y OF MERIDIAN
AND-
ANKAGEM CONSTRUCTION
This contract is made and entered into this day of August 1999, by and between the City of
Meridian (hereinafter referred to as the Owner), and Ed Ankenman, dba Ankagem Construction
(Hereinafter referred to as the Consultant).
SECTION 1
TERM
1. I The term of this contract will commence on August ---J 1999 and end on the date which
is fifteen (15) days after the completion of construction of the project, unless terminated
pursuant to Section 12 or Section 13 below.
SECTION 2 DEFINITIONS
2.1 Words, tenns, and phrases which are not specifically defined in this contract will have the
ordinary meaning ascribed to them in the engineering profession unless the context clearly
indicates otherwise. When consistent with the context, words used in the present tense
include the future, words in the plural number include the singular and words in the singular
include the plural.
2.1.1
"Project" means the construction phases of the City of Meridian Digester and
Clarifier Facilities and City of Meridian Biosolids Dewatering Projects.
SECTION 3
SERVICES OF CONSULTANT
3.1 Consultant will provide basic services to Owner as necessary for the on-site inspection of the
construction of the Project as described in the Work Plan/Scope of Services section of Exhibit
A, the Consultant's proposal, which is attached to this contract.
3.2 In connection with the services, Consultant will:
3.2.1 Consult with appropriate representative of the Owner to clarify and define Owner's
requirements for the services.
3.2.2 Review available information concerning the services.
3.263 Identify information which is not available and is needed to fulfill the services, and
act as Owner's representative in obtaining such information.
3.2.4 Cooperate with other consultants retained by the City of Meridian in the exchange
of information needed for performing services.
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3 ~ 3 Consultant will perform the services as an independent contractor in accordance with
generally accepted standards applied by professionals of Consultant's caliber~ Consultant will
be responsible for the professional quality, technical accura,cy, and the coordination of all
services performed by the Consultant. Consultant will, without additional compensation,
correct or revise any error of deficiencies in the services that are caused by the Consultant's
negligence.
SECTION 4
CONSULTANT'S PERSONNEL
4~ I Consultant acknowledges that the Owner is relying upon the qualifications of Consultant's
personnel, if any~ Consultant has represented, and by entering into this contract, now
represents, that the Consultant is in full compliance with the applicable statutes of the State
of Idaho relating to licensing of professional personnel and that all personnel assigned to
perform services are fully qualified to perform the services in a competent and professional
manner~
SECTION 5
RESPONSffiILITY OF OWNER
5.1 Owner will cooperate fully with Consultant to achieve the objectives of this contract~ The
Owner will provide to the Consultant complete infonnation and criteria for performance of
seIVlces.
5.2 Owner will provide all permits, products, and necessary information.
SECTION 6
SCHEDULE
6.1 Consultant will perform the services a expeditiously as is consistent with professional skill and
care.
6.2 Consultant will provide monthly progress reports with the invoices for Consultant's services.
Each report will describe the services provided since the preceding report and the services
which the Consultant expects to complete prior to the next report.
SECTION 7 PAYMENT
7.1 Owner will pay Consultant at a rate of $40.00 per hour.
7.2 Owner will reimburse Consultant for expenses incurred by Consultant in performance of
services. Expenses will be limited to film and developing, office supplies, telephone service
(if required), and project-related mileage, not including mileage to and from the job site.
7.3 Consultant will submit monthly invoices to Owner for Consultant's services and reimbursable
expenses within thirty (30) days after the end of the month covered by the statement. The
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Owner will pay Consultant within thirty (30) days after the receipt and approval of each
invoice.
7.4 The parties anticipate that Consultant's fees and reimbursable expenses may increase over
time. Owner and Consultant will review fees and expenses prior to any extension of the
contract term, and the parties may agree to modify the payment rates for any annual
extension If the parties cannot agree on fees and reimbursable expenses, the contract will not
be extended.
7.5 Owner will not be indebted or liable for any obligation created by this contract in violation
of the debt limitation, its Charters or State Law.
7.6 Owner has appropriated funds for the services that will be provided during the current fiscal
year. In the event that a billing from the Consultant is not paid within thirty (30) days, the
Consultant may immediately suspend performance under this agreement. In the event that no
funds or insufficient funds to pay for the services are appropriated for subsequent fiscal years,
Owner will immediately notify Consultant, and this contract will terminate on the last day of
the fiscal year for which appropriations are made~
SECTION 8
OWNERSHIP OF DOCUMENTS
8.1 All documents prepared by the Consultant pursuant to this contact will be the property of the
Owner.
SECTION 9
INDEN1NIFICATION
9.1 This section will apply to all tort claims, except claims for professional liability. Consultant
will indemnify, defend, and hold harmless Owner, its officers, agents, and employees from any
and all claims, actions, subrogation, judgements, court costs, and other expenses resulting
from any injury to any person or damage to property, of whatsoever nature arising out of the
activities of the Consultant pursuant to this Contract (including but not limited to, the acts and
omissions of Consultants officers, employees, agent~ and subcontractors)~ Consultant will
not be held responsible for damages directly, solely, and proximately caused by the negligence
or other tortious acts of the Owner.
SECTION 10 INSURANCE
10.1 Consultant will, at all times during the term of this contract, maintain in force:
10.1.1 An automobile liability insurance policy.
10.1.2 A professional liability insurance policy~
10.2 The coverage under the automobile liability insurance policy will be equal to minimum
coverage of $500,000 per occurrence (combined single limit for bodily injwy and property
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damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence
for property damage. The professional liability insurance policy will have a combined single
limit, or the equivalent of $1,000,000 for each claim, incident, or occurrence.
10.3 Certificates of insurance acceptable to the Owner will be filed with the Owner prior to the
commencement of any services by Consultant. Each certificate will state that coverage
afforded under the policy cannot be canceled and restrictive modifications cannot be made
until at least 30 days prior to written notice has been given to the Owner.
SECTION 11 COMPLIANCE WITH LAW
11.1 This contract will be governed by the laws of the State of Idaho. Consultant will perfonn its
obligations under this contract in accordance with all applicable laws, ordinances, rules, and
the regulations now, or hereafter in effect.
SECTION 12 DEFAULT
12.1 There will be a default under this contract if either party materially fails to comply with any
provision of this contract within fifteen days after the other party gives written notice
specifying the breach. If the breach specified in the notice cannot be completely cured withing
the fifteen-day period, no default will occur if the party receiving the notice begins curative
action within the fifteen-day period and thereafter proceeds with reasonable diligence and in
good faith to cure the breach as soon as practicable.
12.2 Notwithstanding subsection 12.1, either party may declare a default by written notice to the
other party, without allowing an opportunity to cure, if the other party repeatedly, materially
breaches the terms of this contract.
12.3 Pending final resolution of a dispute, or pending termination of this contract under this
section, the parties will proceed diligently with the performance of this contract, unless the
Owner decides to suspend payments.
12.4 If a default occurs and it is not resolved under subsection 12.3 above, the party injured by the
default may elect to terminate this contract and pursue any equitable or legal rights and
remedies available under Idaho law.
12.5 Any litigation arising out of this contract will be conducted in Circuit Court or District Court
of the State of Idaho for Ada County.
12.6 In the event of any breach of this contract by the Consultant, the Owner's cause of action
against Consultant will not be deemed to accrue until the Owner discovers such breach, or
should have, with reasonable diligence, discovered such breach. However, the preceding
sentence will not be construed to allow the Owner to prosecute an action against the
Consultant beyond the maximum time limitations provided by Idaho law.
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SECTION 13 TERMINATION WITHOUT DEF AUL T
13.1 In addition to the right to terminate this contract under section 12, either party may tenninate
by giving thirty (30) days written notice to the other party.
13.2 Any tennination under this section will be without prejudice to any obligations or liabilities
of either party already accrued prior to such tennination.
13.3 If the Owner terminates the contract under this section, the Consultant will have the right to
complete such analyses and records as may be necessary to place its files in order and to
protect its professional reputation.
13.4 If Owner terminates the contract under this section, the Consultant will be paid for all fees
earned and costs incurred prior to the tennination date and reasonable fees and costs for
actions pursuant to subsection 13.3. The Consultant will not be entitled to compensation for
anticipated profits on services that are not performed prior to the notice of termination.
SECTION 14 NOTICE
14.1 Any notice required to be given under this contract will be in writing and will be given by
personal delivery, mail, or facsimile transmission. Any notice required to be given by law, will
be given in the manner specified by the applicable law.
14.2 Notice to the Owner will be directed to:
Mr. Brad Watson
Assistant City Engineer
City of Meridian
200 East Carlton, Suite 100
Meridian, ill 83642
Notices to the Consultant will be directed to:
Ed Ankenman
Ankagem Construction Inspection Services
23412 Lansing Lane
Middleton, ill 83644
SECTION 15 NOWAIVER
15.1 No provision of this contract will be deemed waived unless such waiver is in writing and
signe4 by the party alleged to have waived its rights. Any waiver of a breach by either party,
whether express or implied, will not constitute a waiver of any different breach.
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15.2 The Owner's review, approval, or acceptance of services or payment for services will not be
construed to operate as a waiver of any rights under this contract.
SECTION 16 SEVERABll..ITY
16..1 If any provision of this Contract is held by any court of competent jurisdiction to be invalid,
such invalidity will not affect any other provisions of this Contract, and this Contract will be
construed as if the invalid provision had never been included in the Contract.
SECTION 17 MODIFICATION
17.1 No modification of this Contract will be valid unless in writing and signed by all parties
involved.
SECTION 18 SUCCESSORS
18.1 The Owner and the Consultant and the respective successors, assigns, and legal
representatives of each are bound by this Contract to the other party and to the successors,
assigns, and legal representatives of the other party~ The Consultant will not assign the
Consultant's rights or obligations under this Contract or enter into any subcontracts for the
performance of the services without prior written consent of the Owner.
SECTION 19 ENTIRE AGREE~NT
19.1 This Contract and the attached exhibits constitute the final and complete agreement of the
parties and supersede all prior and existing or oral understandings except as otherwise
continued in effect by the terms of this Contract.
Authorized representatives of the parties have signed in confirmation of this Contract, with effective
date the .day and year first above written.
CITY OF ~RIDIAN
ED ANKENMAN dba ANKAGEM
CONSTRUCTION INSPECTION
SERVICES
By:
By:
Robert D. Corrie, Mayor
Ed Ankenman, Owner
Attest:
William G. Berg, Jr., City Clerk
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EXHIBIT A
SCOPE OF SERVICES
1.0 Consultant shall be responsible for field inspection services which will include the following:
1. Provide. on-site inspection to monitor the progress of the Contractor's work and compliance
with the Construction Contract Documents.
2. Complete Daily and Weekly Progress Reports using a form to be furnished by the Consultant.
3. Attend weekJy Progress Meetings with the Contractor, Engineer, and Owner.
4. Coordinate with Engineer to provide necessary cJarifications and interpretations of
Construction Contract Documents as requested by the Contractor in the Field.
5. Review and verify quantities of work completed for Contractor's Progress Payment
Requests"
6. Prepare punch list of pending items and conduct final inspection.
2.0 Project Communications
1 . When questions arise during field inspection of the work as to conformance or
non-conformance with the Contract Documents, Consultant will inform the Engineer. The
Engineer.will then determine conformance and either communicate directly with Contractor
or direct Coflsultant to inform Contractor. Engineer wilf keep Consultant informed of
communications made directly between the Engineer and the Contractor.
2. Copies of all Correspondence, Requests for Information, Shop Dra'Nings, Payment Requests,
and change orders will be given to Consultant for his use in the field. Consultant will be
responsible for reviewing this correspondence for up-ta-date inspecti.on of the ContractorJs
work.
3. Consultant win describe all conversations with Contractor along with his field observations in
the Daily Report. Copies of Daily Reports along with a summary weekly report will be given
to Engineer at the end of each week.
3.0 Responsibilities and Umitations
1 ~ Consultant will have the responsibility to observe the work in progress and take any tests or
measurements as required to aid Engineer in determination of conformance with Contract
Documents, as described above.
2. Consultant's authority at the job site will be limited as the Engineer's authority is limited in
Section 9.10 of the General Conditions of the construction Contract Documents.
C:'i3VN38W<<EXA.YVPO
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MERIDIAN CITY COUNCIL MEETING:
AUGUST 17. 1999
APPLICANT:
DEPARTMENT REPORTS
AGENDA ITEM NUMBER: 221C
REQUEST: GARY SMITH - CONTRACT MODIFICATION - USTICK RESERVOIR & BOOSTER PUMP
STATtoN
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE OEPT:
CITY FIRE DEPT:
seE ATTACHED INFORMATION
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRtGA TION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
w(f"J/
INTERMOUNTAIN GAS:
BUREAU OF RECLAMA liON:
OTHER:
All Materials presented at public meetings shall become properly of the City of Meridian.
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Memornndum
To: MAYOR CORRIE
cc: file I City Attorney
From: Gary Smith, PE
Date: 08/10/99
Re: Contract Modification - Ustick Reservoir & Booster Pump Station
Mayor: Here is a submitted "Contract Modification No.1" for this project. The
justification for the submittal is shown under "Reason for Modification(s);" and is
basically weather related.
t.~,"rtsubmitting this to you with a request to place it on the August 11h City
Cc:)~nc;il" agenda under my Department RepOrts for approval by the Council. CH2M
t1~~Ting~ded some climatological data with this request. I have reviewed it and agree
WiYJ..:m~.~~~gineer's recommendation to approve of the request
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A$,:~you::wUI note, approval of this modification will extend the completion date to July 30,
'1'~.$/whiCh has passed. The contractor is now in default of their contract and is, by
th~:~'qgntract Document, subject to liquidated Damages. I am meeting with Bill Gigray
an<:t.":CH2M this coming Friday afternoon to discuss procedure for sending a notification
t(:f~E:icontractor of their delinquency.
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CH2MHfLL
o CHANGE ORDER
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CONTRACT MODIFICA TION
[K] WRITTEN AMENDMENT
MODIFICATION N01:
1
TO CONTRACTOR: McAlvain Construction, Inc.
PROJECT: Ustick Reservoir and Booster Pump Station
PROJECT NO: 141841
OWNER: City of Meridian, Idaho
ENGINEER: CH2M HILL
The following modification(s) to the Contract are hereby ordered (use additional pages if required):
Increase the Contract Completion Time by 22 calendar days. The new Contract Completion Date will be July 3D. 1999. This
increase is for time only and the amount of the Contract will remain unchanged.
-
The reason for the modification is a 22 day weather delay requested by the Contractor. The basis for the modification is due
to the amount and distribution of the precipitation during the month of February 1999. A review of historical climatological
data indicated the February 1999 rainfall ranked 3 rd out of 60 years of record.
Attachments (List Supporting Documents):
February, 1999, Climatological Report for Boise Idaho
Contract Amount or Price
Contract Times (Calculate Days)
Original
Previous Contract
Modification(s)
(Add/Deduct)
This Contract Modification
(Add/Deduct)
$1,4971000
Original Duration 240 Days
Previous Contract
Modification( s)
(Add/Deduct) 0 Days
This Contract Modification
(Add/Deduct) 22 Days
Revised Contract Time 262 Days
$0
$0
Revised Contract Amount
$1,497,000
The Revised Contract Completion Date is:
July 30 119 99
Owner
Engineer Recommendation2
By:
By:
By:
Date:
Date:
1 Number all Modifications consecutively.
2 Recommendation necessary for Change Orders.
B-3
Copies:Owner
Field File
REV 10/95 FORM 273
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REB'CLIMATOLOGICAL REP0Kf FOR BOISE IDAHO
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ZCZC BOILCDFEB
TTAAOO KBOI 010724
Prelimin~ LOcal Cl~tological Data tws Fo~: F-6)
Station: BO~SE IDAHO
Month: FEB
Year: 1999
Page I of 3
Temperature in F : :Pcpn : Snow: 'Wind :Sunshine: ,Sky :Pk Wnd
===================================== Columns =================================
1 2 3 4 5 6a 6b 7 8 9 10 11 12 13 14 15 16
Dy Max Kin Avg Dep HOD CDD ;Wtr....,-Snw--'Dpth Avg Spd Dir Min Psbl S-S Wx
===============================================================================
17 18
Spd Dr
===============================================================================
1
2
3
4
5
6
. ,7
:a
'~~'9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
39
35
42
44
44
44
50
44
58
33
37
43
43
34
45
48
41
42
44
46
45
39
SO
57
47
43
51
56
26
28
18
29
25
34
35
30
27
22
20
23
28
27
27
33
29
30
29
26
32
28
38
41
33
30
35
42
,33
32
30
37
35
39
43
37
43
28
.29
. .. 33
36
31
36
41
35
36
37
36
39
34
44
49
40
37
43
49
8m 1244 825
1
o
-3
4
2
5
9
3
8
-7
-6
-2
o
-5
o
5
-2
-1
o
-1
1
-4
6
11
1
-2
4
10
32
33
35
28
30
26
22
28
2~
37
36
32
29
34
29
24
30
29
28
29
26
31
21
16
25
28
22
16
o 0.00
o 0 ~'~_12li
o 0.00
o 0.02
o 0.00
o 0.13
o 0.,30:
o 0.01
o 0.07
o T;
o O.OO!
o 0.00
o 0.00
o 0 ~ 11 ,~
o T
o 0.02
o 0.22
o ',0.12.'
o 0.00
o 0.00
o 0 .11~
o 0.03
o 0.07
o 0 .15 ·
o 0.10
o T
o 0.02
o 0.36
o 1.96
0.0
2.7
0.0
0.2
0.0
T
0.0
0.1
. ( 0.2
T.
0.0
0.0
0.0
1.2
."T
0.1
0.7
0.1
0.0
0.0
0.4
T
0.0
0.0
0.0
T
0.0
0.0
o 8.1
3 11.1
3 8.1
1 9.1
o 11.4
o 14.7
o 9.7
o 14.2
o 15.4
T 6'.5
o 12.3
o 12.7
o 4.6
o 4.0
o 3.2
o 11.6
o 7.5
o 14.4
o 11.0
o 15.0
o 11.2
o 11.6
o 13.5
o 13.2
o 7.8
o 5.5
o 13.2
o 12.3
5.7 292.9
16
20
21
20
21
29
23
29
26
18
18
25
20
10
11
23
36
31
24
30
24
20
20
23
25
17
23
21
300
110
150
300
140
110
290
150
300
300
140
160
150
310
31.0
120
300
110
300
110
120
120
120
110
260
320
110
110
555
o
72
179
465
o
96
;5 -
l18
i7'S
563
231
o
o
230
o
53
o
296
69
55
o
o
16
o
9
o
20
93
'0
12
30
77
o
16
1
3
28
95
37
o
o
36
o
8
o
46
11
.8
o
o
2
o
1
o
3
M
M 1,2,8
M 1
M 1
M
M 1
M 1
M 1-
M 1
M
Q
.0'-
'.0
o 8,1,2
o 2,1,8
M 1
M 1
M 1
M
M
M 1,2
M
M
M 1
M 1
M
M
M 1
20
22
25
23
23
33
26
34
31
24
22
32
26
11
13
30
40
38
28
39
31
23
22
28
30
22
28
24
300
120
160
310
140
120
270
150
310
300__
130
150
160
310
110
120
300
110
310
110
110
120
110
110
260
310
110
120
===============================================================================
Av 44.4 29.5
778
3107
10.5 Fastst Psbl %
Mise ----> 36 300 17159 18
M
M
Max (mph)
40 .-.3.00
0~~~========================================================================_~===
"'--~':~\', ~)tes :
:::-.::~~:'::' Last of several occurrences
Column 17 Peak Wind in M.P.H.
Preliminary Local Climatological Data (WS Form: F-6) , Paoe 2
fE~ CLIMATOLOGICAL RE{ .{T FOR BOISE IDAHO
[Temperature Data]
Average Monthly: 37.0
Dptr fm normal: 1 . 1
Highest: 58 on 9
Lowest: 18 on 3
[No. of Days with]
Max 32 or below: 0
Max 90 or above: 0
Kin 32 or below: 20
Min 0 or below: 0
[HDD (Base 65) ]
Total this Mo.
Dptr fm normal
Seasonal total
Dptr fm. normal
778
-37
3832
-534
[eDD Base 65} ]
Total this Mo.
,__--..Dptr fIn normal
(~~~~.fasonal total
~tr fm normal
(
Page 2 of 3
Station: BOISE IDAHO
Month: FEB
Year: 1999
[Precipitation Data]
Total for Month: 1.96
Dptr fm. normal: 0.89
Grtst 24hr 0.38 on 27-28
SNOW, ICE PELLETS, HAIL
Total month: 5.7 Inches
Grtst 24hr on
Grtst depth: 3 on 3
[WEATHER - Days with]
0.01 inch or more: 17
0.10 inch or more: 10
0.50 inch or more: 0
1.00 inch or more: 0
Clear (scale 0-3)
Ptcldy (scale 4-7)
Cloudy (scale 8-10)
M
M
M
SYMBOLS USED IN COLUMN 16
1 = FOG
2 FOG REDUCING VISIBILITY
TO 1/4 MILE OR LESS
3 THUNDER
4 ICE PELLETS
5 = HAIL
6 = GLAZE OR RIME
7 = BLOWING DOST OR SAND:
VSBY 1/2 MILE OR LESS
8 = SMOKE OR HAZE
9 = BLOWING SNOW
x = TORNADo
===============================================================================
o
o
o
o
[Pressure Data]
Highest SLP 30.71
Lowest ~LP 29.36
on 11
on 09
ZCZC BOICLMBOI
TTAAOO KBOI 011542
FEB CLIMATOLOGICAL REPORT FOR BOISE IDAHO
NATIONAL WEATHER SERVICE BOISE IDAHO
1224 AM MST MON MAR 01 1999
TEMPERATURE DATA......
(DEGREES F)
AVERAGE MONTHLY TEMPERATURE.... 37.0 OR 1.1 DEGREES ABOVE NORMAL
AVERAGE MAXIMUM TEMPERATURE.... 44.4
AVERAGE MINIMUM TEMPERATURE.... 29. 5
HIGHEST TEMPERATURE WAS 58 ON DAY 9
LOWEST TEMPERATURE WAS 18 ON DAY 3
HEATING DEGREE DAYS
MONTHLY TOTAL ...........
DEPARTURE FROM NORMAL....
SEASONAL TOTAL (JUL-JUN).
DEPARTURE FROM NORMAL....
-~
L~~
~~kCIPITATION DATA.. '._'
TOTAL FOR THE MONTH.........
TOTAL SINCE JANUARY 1ST.....
GREATEST 24 HOUR RAINFALL WAS
TO'T' n. T. H"{,)P ".,UP ",,orf""\""TnnT
(BASE 65) COOLING DEGREE DAYS
778 MONTHLY TOTAL .......... 0
-37 DEPARTURE FROM NORMAL... 0
3832 SEASONAL TOTAL (JAN-DEC) 0
-534 DEPARTURE FROM NORMAL... 0
· · RA..IN. .
1 · ,96 OR 0 . 89 INCHES ABOVE NORMAL
3. 36 OR 0.84 INCHES ABOVE NORMAL
0.38 INCHES ON DAY(S) 27-28
. . SNOW. .
t; FRS CLIMATOLOGICAL REPd FOR BOISE IDAHO (
TOTAL FOR THE SEASON........ 1.6.2
GREATEST 24 HOUR SNOWFALL WAS INCHES ON DAY(S)
. . NUMBER OF DAYS. .
"ITH .01 INCHES OR MORE 17 HIGHS 32 DEGREES OR COLDER 0
lITH .10 INCHES OR MORE 10 HIGHS 90 DEGREES OR WARMER 0
WITH .50 INCHES OR MORE 0 LOWS 32 DEGREES OR COLDER 20
WITH 1.00 INCHES OR MORE 0 LOWS 0 DEGREES OR COLDER 0
Page 3 of 3
SKY CONDITION.........
SEA LEVEL PRESSURE. '. . . . . . . . . . .
NUMBER OF DAYS CLEAR M
NUMBER OF DAYS PTCLDY .. M
NUMBER OF DAYS CLOUDY M
HIGHEST 30. 71 INCHES_ ON DAY 11
LOWEST 29.30 INCHES ON DAY 09
WIND DATA....-.........
THE AVERAGE MONTHLY WIND SPEED WAS 10.5 MPH
THE FASTEST TWO-MINUTE WIND WAS... 36 MPH FROM 300 DEGREES
THE HIGHEST PEAK WIND GUST WAS... . 40 FROM 300 DEGREES
~...
END. . .
NNNN
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(
MERIDIAN CITY COUNCIL MEETING:
AUGUST 17. 1999
APPLICANT:
DEPARTMENT REPORTS
AGENDA ITEM NUMBER: 221 D
REQUEST: GARY SMITH - BID RESULTS I AWARD 1999 WATERLINE PROJECT PHASE 1 OVERLAND
ROAD TO EAGLE ROAD
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
SEE ATTACHED INFORMATION
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
~ r)/ ~,
( Ct~J V
~J/ ~
~~
(
RECEIVED
AUG 1 3 1999
CITY OF NIERIDIAN
To: Mayor Corrie/City Council
From: Brad Watson, P~E.
cc: Gary Smith, PEt File
Date: 08/13/99
Re: 1999 Waterline Project Phase I - Overland Road to Eagle Road
Attached is a bid summary letter and bid tabulation from our consultant, JUS Engineers, on
the second portion of the Phase I water line project We respectfully request this item be
placed on the August 17, 1999 City Council agenda for consideration under Gary Smith's
department reports.
JUS Engineers has reviewed all bids submitted for arithmetic and bid document compliance.
The Public Works Department recommends that the contract for this project be
awarded to Brown Construction in the amount of $152,516.25.
Thank you for your consideration of this matter.
p~
From the desk of...
. Page 1
BmdW~P.E.
Assistant city Engineer
Meridian Public Works Department
200 E. Carlton Sl, Suite 100
Meridian, Idaho 83642.2600
(208) 887-2211
Fax: (208) 887..1297
Watsonb@cimeridian.idus
, - - (.~ .
~. .
~ d.~'U~:B,~ ': '
-. ~~
August 13, .1999
,( . J-U-B ENGINEERS, Inc.
E~G,INEERS · SURVEYoRs · PLANNERS
250 .'South ~chwood Avenue, Suite 201
.Boise, Idaho 83709-0944
208-376-7330
FAX: 208-323-9336
., ,
Mr. Brad Watso~'''P.E~ . ,
Department ~f ~.ublic .Works
_City of Meridl~n ~ . .
, 200 'E., 'Carlt(jn'Avenue~ Suite .100
Meridian;:'ID :.83642
~JBIVED '
AUG1 3 1999 , .
, MERIQIANCITlENGlNEER
. .
" RE: _ . 1999 Waterline Project - Phase 1 .
Oy~.rland Road to. ~agle Ro.ad - ,Bi.d Summary and Award: " .
) '. -
-. Dear Mr.' Wa~on'~ -:. -
\ f... .
o~ August~2i 1999,' six (6) bIds were op~ned and read on the above-refere~ced'pr()ject;We
"have reviewed the bids' and aU appear tesponsive. , Then:; were sOn1e:minor aiithmet~c errors
. that were 'adjuste~ OJ} the attached bid .ta,bulation.. These corrections did. not affect the
apparent lo~'-bidd~r~ Bidding r~sults-are summarized b~loW and, for a Ii1pr~.detailed'
'brea~.down, _a;b~d ~abulation is enclosed. -.
Engineer's Estimate. .
Bro\Vn Construction Inc.
Bitterroot Construction Int.
Barry A. Gunn Construction Inc. .
OWyhee Construction Inc.
Lurre Construction, Inc.
T.A. Dibble Excavation Inc.
S 224,241.41
$ 152,516.25
S 1 n, 736~'45
S 1951307.98 (adjusted from $195,707.60)
S 199,339.00 < .
S 215,810.00
$ 238,051.50' (adjusted from 238,051.00)
It appears, that Brown.Col1struction Inc., of Nampa, Idaho, is the apparent low bidder and,
correspondingly, we recommend Notice of Award be iss'ued. Attached. for the mayor's
signature, please find three (3) copies of the Notice of Award. Please return all three copies
to our office, and we will assemble the contract doc;uments an9 transmit to the Contractor.
Please contact me if you have any questions or require additional information.
Sincerely,
J,-U-B ENGINilEE~. ' _Inc.
. '
. ~
, .
. ,'---
Phillip H... nchb.aulTI,'
Project Engineer .,.-
. I
PHK: lhe
Enclosures
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