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HomeMy WebLinkAbout1985 05-06~~ _ A G E N D A MERIDIAN CITY COUNCIL MAY 6, 1985 ITEM: MINUTES OF PREVIOUS MEETING HELD APRIL 15, 1985: 1. REQUEST BY CLAREMONT DEVELOPMENT COMPANY FOR COUNCIL TO SET HEARING DATE ON COMPREHENSIVE PLAN AMENDMENT. (HEARING SET 6/3/85) 2. PRE-TERMINATION HEARING WATER/SEWER/TRASH DELIQUENCIES:(APPROVED) 3. APPROVE THE BILLS: (APPROVED) 4. AUTHORIZATION FOR MAYOR TO SIGN FLAG MAINTENANCE AGREEMENT WITH CHAMBER OF COMMERCE: (APPROVED) 5. AUTHORIZATION FOR MAYOR TO SIGN LEASE AGREEMENT WITH LEE ROY NELSON FOR USE OF PARK PROPERTY NEXT TO SPEEDWAY: (APPROVED) 6. AUTHORIZATION FOR MAYOR TO EXCUTE BASEBALL FIELD AGREEMENT WITH ROUNDTABLE: (APPROVED) 7. P.ESOLUTION # 99: (APPROVED) 8. FLOYD AYERS, DISCUSSION ON BOND REFUNDING~AUTHORIZED MAYOR & CITY CLERK TO PROCEED) 9. DEPARTMENT REPORTS: • MERIDIAN CITY COUNCIL • MAY 6, 1985 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Bill Brewer, Ron Tolsma, Bert Myers: Members Absent: Bob Giesler: Others Present: Kevin Robertson, Earl 6Vard, Bruce Stuart, Steve Anderson, George Wendt, Ray Richardson, Roy Porter, Arley Nuss, Lloyd Howe, Al Lance, Kenny Bowers, Bob Mitich, Jim Johnson, Robert Davis, Terry Smith, Bill Barkell, John Schmek, Dick Williams, Mo Alidjani, Larry Chitwood, Gary Schaffer, LeeRoy Nelson, Stan Hobson, Don Wimberly, Bob Spencer, Duanne Rassmusen, Wayne Crookston, R. D. Bischoff, Ronda Lowe: Rick Orton Minutes of the previous meeting held April 15, 1985 were approved as written: Mayor Kingsford introduced Mr. Roy Porter the new Police Chief who was attending his first Council meeting: Item #1: Request by Claremont Development Company for the City Council to set a hearing date on their Comprehensive Plan Amendment: Mayor Kingsford, any discussion or questions of the Council? Tolsma, I received this letter written by Claremont Development Company that states it is their intention to present letters of commitment from major tenants to the Mayor and Council. no later than May 27, 1985, May 27 is a National Holiday, is there any adverse comment making this May 24th? Mr. Alan Lance, 1370 Eggers Place, Meridian, Idaho representing Claremont Development, it is my understanding May 27th is a Monday if we could amend that to read not later than May 28th and make every reasonable effort to beat that deadline. Tolsma, so May 28th, also you stated you would like some input on how we would like the letters to read, this could possibly be Eagle Road and I-84 only, three mass merchandisers with 100,000 square foot minimum per each, and be ready to start construction if and when architectural drawings are submitted and approved and building permits issued. Myers, this sounds reasonable to me, this would give us something to go on. Mayor Kingsford, what they .are asking for gentlemen is to have the Council set a public hearing for June 3rd, which according to our schedule would require us to publish that not later than this Friday. It is still my contention as it has been gentlemen that the applicant approached the City and stated they would not ask for anything from the City until they present- ed commitments, which they have violated already, in the application it states before they get to public hearing before the City Council that they would transmit those to the City Council, that has not happened, I am still of the opinion that those should happen before we set a public hearing. MERIDIAN CITY •UNCIL MAY 6, 1985 PAGE # 2 I think if you gentlemen place this are putting yourself out on a limb can come in with the proposals they it down it will be the egg on your your decision. • on the public hearing agenda, you that you are going to saw off. They have already shown us and if you turn face not theirs where it belongs. It is Myers, what happens if we set this public hearing with these stipulations and those letters are not here by when they say and then we cancel... hear- ing, do we have any problems with that? Crookston, you can always cancel a public hearing, the problem you have is getting the notice out that it has been canceled. Myers, maybe we should set a earlier date for the letters to be in if they rather than May 28, if they want a public hearing. If they come up with the letters we have no problem, if they don't it is like already has been said they stated they would have them before they even came before us and here they are before us and everything is going and they have not done anything yet. Mayor Kingsford, there is no doubt in my mind Mr. Myers that the timing for this request has to do with the ICSC Convention taking place in New Orleans on May 12-17, I might also mention to that before Councilman Giesler left it was his desire that request not be noticed until commitments are here. Brewer, it is my understanding the reason Claremont Development has made this request is in order to address a timely fashion as far as advertising, and to the proceedings that occur through the summer and to their anticipat- ed success. I can not find any problem with myself in being positive, in trying to show these people that we are interested in what they can poss- ibily do. I still believe the closer a regional shopping center is to Meridian the better it will be for Meridian regardless whether it occurs at Eagle Road or Meridian Road and the interchange. I have no problem with granting permission to put them on the agenda for this hearing and if they show positive letters of commitment that is fine but I think it should be contingent upon that and thereby be defunct if they are not able to produce. Myers, why the June 3rd date, why couldn't we say if we have these letters by May 28th we will put you on the June 17 calender, this would only delay two weeks? Lance, as 'you may be aware, first of all we requested we be placed on the meeting for the 20th of May., it was my impression that the members of the Council and the Mayor wanted additional time to study the Findings of Fact and Conclusions of Law and the recommendation of the Planning & Zoning Commission as a compromise measure at that time we selected June 3,1985 and asked to be placed on the agenda tonite for the consideration of the Council for the June 3rd hearing.I have been authorized to orally amend our letter to reflect that those letters of commitment will be provid- ed to the Mayor and City Council no later than Friday May 24, 1985 at 5:00 p.m. In the event that the letters of commitment are not forthcoming by that time, I suggest that you do have the authority and the power and possibly the responsibility to cancel the hearing that is scheduled for June 3, 1985. MERIDIAN CITY ~NCIL • MAY 6, 1985 PAGE # 3: Mayor Kingsford, is there any other questions or discussion? There was none. The Motion was made by Brewer and seconded by Tolsma that the Claremont Development Company be placed on the agenda for June 3, 1985 based upon their ability to give us adequate tenancy letters by May 24, 1985,before 5:00 p.m.: Motion Carried: Brewer, Yea: Tolsma, Yea: Brewer, Yea: This Public Hearing to be scheduled to be held at the Meridian Primary School. Item #2: Pre-Termination Hearing Water/Sewer/Trash Deliquencies: Mayor Kingsford, this is to inform you in writing, if you choose to, you have the right to a pre-termination hearing, at 7:30 p.m. May 6th, 1985 before the Mayor and Council, to appear in person to be judged on facts and defend the claim made by the City that your water/sewer/trash bill is delinquent. You may retain counsel. Is there anyone in the audience who wishes a hearing? There was no response. Due to their failure to pay their water bill or present any valid reason why the bill has not been paid, their water shall. be turned off on May 14, 1985. In order to have their water turned back on, there will be an additonal fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judical Distric Court, pursuant to Idaho Code, even though they appeal the water will be shut off. The Motion was made by Tolsma and seconded by Myers to approve the turn- off list of delinquent water users. Motion Carried; All Yea: Mayor Kingsford announced the overdue amount of ,bills was $2837.25: i Item #3: Bills: ~, The Motion was made by Brewer and seconded by Tolsma to approve the bills. Motion Carried: All Yea: Item #4:Authorization Mayor to excute Flag Maintenance Agreement with the Chamber of Commerce: Mayor Kingsford, are the any questions of the Council on agreement? There were no comments: The Motion was made by Myers and seconded by Tolsma to authorize the Mayor to sign the Flag Maintenance Agreement with the Meridian Chamber of Commerce: Motion Carried: Tolsma, Yea: Myers, Yea: Brewer, Nay: MERIDIAN CITY ~NCIL • MAY 6, 1985 PAGE # 4: Item #5: Authorize the Mayor to execute Lease Agreement with LeeRoy Nelson for use of Park property next of Meridian Speedway: Mayor Kingsford, .any questions of the Council? No response: The Motion was made by Brewer and seconded by Tolsma to approve and auth- orize the Mayor to sign the Lease Agreement with LeeRoy Nelson for the park property located next to the Meridian Speedway: Motion Carried: All Yea: Item #6: Authorize the Mayor to execute Baseball Field Agreement with Roundtable: Mayor Kingsford briefly explained this agreement and asked if the Council had any question. There were no questions: The Motion was made by Tolsma and seconded by Myers to approve and authorize the Mayor to execute the agreement with Roundtable for the Baseball Field. Motion Carried: All Yea: Item #7: Resolution #99: Mayor Kingsford explained this Resolution was reserving Fund Balance of the General Fund and Enterprize Fund for the Building Fund and authorizing transfer of these reserved funds to the Building Fund. The Resolution had a place to insert a date when the transfer was to be made and the Mayor advised the Council this should be when the funds are available. The Motion was made by Brewer and seconded by Myers to approve Resolution #99 with the change that funds be transferred when they become available. Motion Carried: All Yea: Item #8: Floyd Ayers, Discussion on Bond Refunding: Mr. Floyd Ayers, of Kirchner Moore & Co. was present and gave the Mayor and Council a presentation on the savings to the City of Meridian if they were to refund the Water & Sewer Bonds which were outstanding. He explained the process involved to accomplish this and advised he needed Council approval to proceed .with the transaction which would be at no cost to the City at this time. The Motion was made by Brewer and seconded by Myers to authorize the Mayor and City Clerk to negotiate with Mr. Floyd Ayers in reference to the refunding of .the Water & Sewer Revenue Bonds. Motion Carried: All Yea. Department Reports: Kevin Robertson, I would like to publically thank the Mayor and Council and the City Attorney's Office for the support given me while Acting Chief and also the personell of the Meridian Police Department for their support and cooperation. MERIDIAN CITY ~NCIL MAY 6, 1985 PAGE # 5 Department Reports Cont"d: City Attorney Crookston, the Council. needs to grant the Mayor approval to sign the two letter agreements involved in the property exchange, one the agreement with the Methodist Church involving the gas pump and the other with United First in regards to the parking spaces. The Motion was made by Myers and seconded by Tolsma to authorize the Mayor to execute the, agreements with the Methodist Church and United First. Motion Carried: All Yea: Councilman Tolsma asked the Police Chief to investigate the starting of an accumulation of junk cars at the old Creamery Building. Being no further business to come before the Council the Motion was made by Myers and seconded by Tolsma to adjourn at 8:20 p.m. Motion Carried: All Yea: (Tape on file of these proceedings) APPROVED: ATTEST: Niemann,~City Cler Mayor Council P&Z Commission Ward, Stuart, Fire Police, JUB, Kiebert, Atty.,Mitich, Hein Statesman,. Valley News ACRD, ACC, ACZ APA, CDH, NMID Mail (2) File (2) • LAND Lt11SE A~~'ZEE?1ENT THIS AGREF~'~ENT, made and entered into this~day of R.c, ,1935, by and between the CITY OF P~IERIDIAN, a municipality and political subdivision of the 6tate of Idaho, hereinafter referre to as Lessor, party of the first part, and i;. LEE NELSON and DENISE ~~. NELSON, husband and ~r~ife, hereinafter referred to as Lessee, part of the second part, W I T N E S S ~' T H: FO!'. AL1D IN CONSIDE.°..ATION of the rentals hereinafter provided, and the covenants and agreements hereinafter set forth, Lessor hereby leases and demises to Lessee, .for tie term herein stated, the property, described in Exhibit "A'" hereto, by this reference incorporated herein as if set forth in full, which s'•~iall be hereinafter referred to as the "leased premises'' for the convenienc of the parties hereto. This agreement is subject to the following terms and condition to which the parties mutually agree: TER?`~1: This lease agreement shall be effective upon its execution for a term of one (1) year from and after the date of its execution. REP1E69AL: The lessee "shall have the right to request a renecaal AMBROSE, FITZGERALD 6CROOKSTON Attomsya and Counaelon P.O. t3ox 427 Merldlan, Idaho 83842 Telephone 8884481 of this lease on an annual basis provided that: (a) Lessee's right to request renewal of. this Lease is subject to it not being in default at the time of anv such renewal: and LAND LEF~SE AOREEP'IF;FJ`T'-P .1 • • (b) The terms and conditions as set forth herein shall be -_ negotiated for any renewal term hereof; and - (c) Lessee shall give Lessor written notice of its intention to request renewal of this Lease, not later than 30 days prior to the expiration of the term to be renewed. RENTAL: As rental for the leased premises, Lessee agrees to pay Lessor, at the address hereafter provided for giving notice to Lessor, the sum of Thirty and No/100 Dollars ($30.00) for the initial term of this lease agreement which shall be payable upon the execution of_ this lease. NO RIGHT OF FIRST REFUSAL: In the event Lessor decides to sell the above described premises, it is understood and agreed that Lessor has not granted to Lessee a right to purchase the premises; it is specifically understood that in the event Lessor does sell the said property, it may have to be sold to the highest bidder but that Lessee may bid on the property. USE OF THE FREi`4ISES: It is understood Lessee will use the property as a parking area. PIAINTENAPJCE AND REPAIRS: Lessee shall be totally responsible for all maintenance and repairs on the premises. EXPENSES AND UTILITIES: Lessee shall pay any and all expenses of every nature accruing by reason of Lessee's use and occupancy of the leased premises. DESTRUCTION OR DA_MA~E BY FIRE: Lessee shall have the total AMBROSE, FITZGERALD 3CROOKSTON Attorneys and Counssloro P.O. Box 127 Msridlan, Idaho 03842 Telephone 888.4181 risk of loss or damacre to the leased premises and/or the building to be constructed. thereon. EPIINENT DOMAIN: In the event that any governmental entity other than Lessor shall take the premises by use of eminent domain LAPdD LEASE AGREEM~TT-P . 2 • ttie Lessor shall receive the value of the land. INSURANCE AND ILJnE~~4?+TITY: Lessee agrees that it will, and it - does hereby, indemnify and save Lessor harr,:lessf_rom all claims, judgments, demands and liability of any person or parties whatsoever resulting from any occurrence, injury or accident which takes place during any term of this lease agreement on or about the premises. Lessee shall obtain liability, premises and on-premises medical ~ insurance insuring Lessee with Lessor named as an additional insured on the premises and any buildings locates? thereon. Such policy or policies of insurance shall have a minimum limit of .55~~,~~0.00 or such other amount as Lessor shall c:esignate. Lessee s?call furnish copies of all insurance policies to Lessor and all renewals thereof, and shall keep all such policies in a current status. !, TERMINATION: In the event of default of this lease agreement the Lessor shall give written notice of such default to the Lessee by postage prepaid, certified mail. If the Lessee's violation of the lease shall continue for thirty days, the lease may at once be terminated by a second notice to the Lessee by postage prepaid certified mail. (a) This lease shall terminate at the expiration of the term provided herein, unless renewed as provided for in this agreement; ~(b) Upon determination of the Lessor that the Lessee has failed to observe any of the conditions, exceptions or reservations or to fulfill any of the provisions set out in this agreement; (c) At the option of the Lessor upon the discontinuance of AMBROSE, FITZGERALD BCROOKSTON AttorrNys end Counseloro r.o. Box 4z~ Msridlan, Idaho &9842 Telephone 888.4481 use of the leased premises by the Lessee- and LAND LEASE A ~REEMFI~TT-P . 3 • • (d) By the mutual agreement of the parties hereto. -- b~^FiER PRATTERS a. Pdothing herein contained shall be construed to create the relationship of partners, joint venturers, or parties to any joint enterprise in any manner between Lessor and Lessee. b. In construing this Lease, the singular shall include the plural, and the neuter gender shall include the masculine and feminine, all as the context may require. c. In the event eit?ler party is required to institute any legal action in order to enforce any of the rights, agreements, covenants or conditions herein contained, the prevailing party in such litigation shall be entitled to recover such party's reasonable attorney fees from the other party, together with costs of suit, the amounts thereof to be fixed by the Court in such legal action. d. The forebearance or failure of any party hereunder to give AMBROSE, FITZGERALD 6CROOKSTON Attomeya and Counsslon P.O. Box 427 McHdlan,ldaho 83842 Telephone 8881481 prompt notice of default or termination of this Lease by reason of any act, omission or occurrence, or to strictly enforce any covenant hereof, shall not be deemed a waiver of any of the pro- visions of this lease agreement as regards an_y other or further such default or breach, act, omission or occurrence, nor shall consent or approval of Lessor given in one instance be construed to waive the necessity for such consent or approval as regards any other or further similar act by Lessee, unless such intention be expre~"sly stated in writing by Lessor. e. In the event any clause or provision of this Lease is declared by any Court to be invalid or unenforceable for any reason, LAND LEASE AGREEP~ENT-P . 4~ F. • such invalid or unenforceable clause or provision shall not affect__ the whole of this instrument, but the balance of the provisions ~ - hereof shall remain in full force and effect. f. All of the provisions hereof shall enure to the benefit of and shall be binding upon, the heirs, executors, administrators, personal representatives, successors and assigns of all parties. 210TICES: All notices hereunder shall be in writing and shall be deemed given when personally delivered to the employee or managing agent in charcre of tlZe receiving party's business premises at the time of service thereof, or when deposited in the United States Mail, postage fully prepaid, by certified mail, addressed to such other party as follows: Notices to Lessor: Notices to Lessee: QUIET ENJOYMENT BY LEASE);: Upon performing all of its duties AMBROSE, FITZGERALD SCROOKSTON Atlomsys and Counsslon P.O. Box 427 Msridl~n, WaAo !3842 Telephone 8884481 and obligations hereunder in accordance with the terms and conditio of this Lease, Lessee shall be entitled to quietly and peaceably have, hold, occupy, possess, and enjoy the leased premises during the term hereof, without hinderance or ejection by persons lawfully claiming under Lessor. LAi1D LEASE AGREFM-IF?1T-P . 5 II • C ASSI~~db1ENT~ AND SUBLEASE: Ileither this lease agreement, nor any interest in the leased premises may be assigned or in any manner - - transferred by Lessee, without the prior approval of Lessor expressed in writing. IN i4ITNESS ~JHEREOF, this lease agreement has been duly executed by the respective parties, the dal and year first above written. ATTEST: City Cler3:, Jack Niemann AMBROSE, FITZGERALD 6 CROOKSTON Atlomsya and Counselors LAND LEASE A~:zF'EEPMENT-P . 6 P.O. Box 4z7 Msridlan, Waho 83842 Telephone 888.4481 LESSOR: CITY OF `MERIDIAN, a municipality and policitical subdivision of the State of zdaho By ~ V - ,rant P. Kingsford, Mayor LESSEE: r.M . Le a son ~Y D nise P![. Pdelson AMBROSE, FITZGERALD 3CROOKSTON Attomsya and Counselor P.O. Box 427 Msrldlan, Idaho &9812 T~Iaphona 8881161 • • STATE OF IDAHO, ) ss . - - County of Ada, ) r~~~ y- On this _~day of 1985, before me, the undersigned, a Notary Public in and for said State, personally appeared the *Zayor and City Clerk, respectively, of the CITY OT' MERIDIAN, a municipalit and political subdivision of the Mate of Idaho, known to me to be the entity that granted the authority to the said individuals to subscribe their names to the within and foregoing instruments in their capacity as !~!ayor and City Clerk, and acknowledged to me that they executed the same in the name of the CI'?'Y OF T~~EI:IDIAN. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO, ) ss. County of Ada, ) Notary Public for Idaho Residing at Pleridian, Idaho y ~ On this /:j `day of February, 1935, before me, the undersigned, a Notary Public in-and for said State, personally appeared P^... LEE NELSOLJ and DENISE ?1. NELSON, known to me to be ther persons who subscribed their names to the within and foregoing instrument ' and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day and year in this c rtificate first above written . ~ >~ /.~/ (SEAL) No Pew LAID LEASE AG44EE.TMIENT-P . 7 y Public for Iuano ding at P~eridian, daho ,fin; -'~~`S ~~d~~ • E X H I B I T "A" AMBROSE, FITZGERALD 8 CROOKSTON Attomsye end Counssloro P.O. Bot 427 MerWian, h1~ho 83842 Tsl~phons 8884481 The Southwest three (3) acres of the following described parcel of land which three (3) acres is a square equal on all sides; Beginning at the SW corner of the NE 1/4 N6J 1/4, Section 1i3, T. 3N ., R. lE, B.P1., Ada County, Idaho, the real point of beginning; thence Northerly along the i•+7esterly boundary of said NE 1/4 NW 1/4, Section 18, a distance of 1050 feet to a point on the Idortheasterly bank of a stream called Ninemile Creek; thence Easterly parallel to the Southerly boundary of said NE 1/~! NW 1/4, Section 18, a distance of 622 feet to a point; thence Southerly parallel to the StiTesterly boundary of said NE 1/4 Pd[~ 1/4, Section 13, a distance of 1050 feet to a point on the Southerly boundary of said NE 1/4 i7~r: 1/~, Section 18; thence (westerly along the Southerly boundary of said NE 1/4: Iw~7 1/4, Section lII, to the real point of beginning comprising 15.0 acres. f I.' f • • BASEBALL FIELD CONTRACT AGREEZviENT THIS AGREEPiENT is hereby entered into this the day of Play, 1985, by and between the City of_ Meridian, a muni-`c a ity of the State of Idaho (hereinafter referred to as the '`City"), and the Meridian Athletic Roundtable, Inc., a non-profit corporation organized and existing under "the laws of the State of Idaho (herein- after referred to as the "Roundtable") acting on behalf of itself and all present and future l~Reridian American Legion baseball players participating in the American Legion baseball program. W I T N E S S E T H: WHEREAS, The ;parties hereto are interested in promoting youth athletics, including American Legion baseball, within the city limits of the City of Meridian; and WHEREAS, The City of Meridian seeks to encourage the use of its parks by its citizens as well as encouraging the construction of and obtaining title to any and all improvements to its parks constructed tizrough the use of its parks by its citizens; and ~TtIET~EAS, The Roundtalbe is interested in obtaining a facility within which Meridian youth can engage in American Legion baseball and is further interested in constructing and providing for improve- ments to those facilities to be used w~iile engaging in Meridian American Legion baseball; NOW , THEREFORE , IN EXCHATdGE FOR THE MUTUAL COVETdAi1TS HEREOF , THE FARTIES AGREE AS FOLLOWS: I Roundtable agrees to construct in 198 a concession stand and announcer's booth, restroom raci.lities, and other improvements for the use of the baseball diamond located at Storey Parl:, City of Meridian. Upon completio:z of buildings, facilities and other improvements referred to above title to all said improvements will pass to City in exchange for the agreements, conditions, and covenants on the part of the City to be performed as contained here II AMBROSE, FITZGERAID 6CROOKSTON Attorneys snd Counselors P.O. Box 427 MerltlNn,Idaho 83642 Telephone 8881461 Roundtable is granted the right to use the Storey Parl; Basebal Field to conduct American Legion baseball games in accordance with schedule to be submitted to the-City on or before March 30 of each calendar year. PACE 1 • • III Roundtable is granted the right to charge admission to each - game and retain the proceeds from said admission charge for use in furtherance of fi~~leridian American Legion baseball. Roundtable is further granted the right to attach temporary advertisement boards to the baseball field fence and may charge a fee for said advertise ment boards. Roundtable shall submit the proceeds of said advertisement fees to the City of 2~~ieridian and said fees shall be used exclusively for the maintenance, upkeep, operation, or rehabilitation of the baseball field. All signs and fees and maintenance shall be in compliance and conformity to the terms, contents and specifications of the Agreement entered into between the State of Idaho Department of Parks and P.ecreation and the"City of :Meridian dated April 25, 1984, a copy of which is attached heret as Exhibit "A" and by this referrence incorporated herein as if set forth in full hereat. IV Scheduling of all events at the baseball .field at Storey Park will be undertaken by the City. In scheduling the use of the baseball field at Storey Park, the Meridian American Le ;ion Basebal Program shall receive every due consideration and the City shall attempt to completely accommodate the schedule as submitted by Roundtable. It is understood, however, the City must give consideration to other users and i.f a conflict in use times arises which cannot be resolved the City shall decide who obtains the righ to use the baseball field at a particular time on a first reservati basis. On or before March 30 of each calendar year Roundtable will "submit a schedule including the date, time, and duration of plan- ned use of all planned occasions during which it intends to conduct American Legion baseball games for that calendar year. V Roundtable is granted the use of the concession stand and the announcer's stand during all times in which its activities are undertaken at Storey Park. Roundtable agrees to maintain the con- cession and announcer stand. Roundtable is further permitted to operate the concessions stand to sell food, beverage and other concessions to the general public and retain the proceeds from said sales for use in furtherance of Meridian American Legion baseball, subject to the ordinances and laws of the City of Meridian and the State of Idaho. VI AMBROSE, FITZGERALD 6 CROOKSTON Attomeye and Counaelore Roundtable agrees to be responsible to Baseball Field and surrounding areas of all by Roundtable in conducting American Legion clean the Storey Park refuse after each use baseball. City agrees P.O. t3oz 127 Msrldlen,ldeho PAGE 2 t138l2 Telephone t188~4181 • • to require any~and all other persons or entities using the ground~_ at the Storey Park Baseball Field to assume the responsibility of - cleaning all refuse from said field and surrounding areas after each use, or, disallow further use should cleanup activities not be performed by said persons or entities. City agrees to perform all other maintenance to the field and surrounding grounds and buildings at the Storey Park Baseball Field. The Gity further agrees to provide water, power, sewer and all other utilities and services to the Storey Park Baseball Field. VII The Term hereof shall commence on the day of , 1985 and shall continue until the ay o ~6. The Roundtable shall have the option to renew t is ease on an annual basis upon such terms and conditions as are agreeable to the City it being understood that the City is bound to consider other public uses of Storey Park and the baseball field. In no event however, shall this agreement be renewed past the 1st day of January, 1990. Upon that date being reached the parties hereto shal be required to renegotiate the terms of an agreement between them in light of the then existing public demand for the use of Storey Parlc and the baseball field. DATED this day of ,198_. CITY OF MERIDIAN By ~ _ ME~IDIAI~T ATHELETIC ROUNDTABLE , IP1C . By AMBROSE, FITZGERALG b CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone 8884461 ATTEST: CITY CLERK City of Meridian PAGE 3 • • STATE OF IDAHO; ) ss. - County of Ada, ) On this day of ,1985, before me, the undersigned Notary Publiin and forte State, personally appeared Grant P. Kingsford, Mayor, and Jacl: Niemann, City Clerk, of the City of Meridian and acknowledged that they executed the within and foregoi~ instrument. WITNESS MY SEAL (SEAL) STATE OF IDAHO, ) ss. County of Ada, ) Residing at reridian, Idaho On this day of ,1985, before me, the undersigned, a Notary Public in and~or sa-i3 State, personally appeared ,known to me to be the , o MERIDIAN ATHLETIC ROUNDTABLE, INC., t e Corporation t at executed the instrument and ac'~cnowledged to me that said Corporation executed the same. WITNESS ~NdY SEAL AMBROSE, FITZGERALD RCROOKSTON Attorneys end Counselors P.O. Box 427 Meridlen, Idsho 113812 Telephone 88B-x181 (SEAL) N T R P C _ H Residing at Meridian, Idaho ADDENDUM TO ALLOW OUTFIELD FENCE ADVERTISING ON LAND & WATER CONSERVATION FUND ASSISTED PROJECTS Project Name: Don Storey Park LbWCF X16-00260 Sponsor: City of Meridian Po it~ca u iv~sion THIS ADDENDUM TO the above referenced project, is hereby made and agreed upon by the State of Idaho, acting through the Director of the Department of Parks & Recreation and by the City of Meridian (Political Subdivision), pursuan to t e po icy esta ~s e by t e National Park Service. The Political Subdivision and the State of Idaho, in mutual consideration of the promises made herein re arding allowance of outfield fence advertising on fund assisted project(s~, do promise as follows: 1) The signs will be in good taste and well rra~t ed; 2) They will be only temporarily attached; 'an`~r~a~~e displayed from May 15 to September 15 of each playing season. Following the end of the season, they shall be removed; 3)_ The size of the signs will be limited to the maximum size of 4 x 8 feet, which size shall be consistent among all signs displayed; 4) The gross revenue will be made available to the recreation agency for operation and maintenance of the field; and, 5) Periodic inspections will be made by the State to determine whether or not the Sponsors performance with regard to this addendum .is acceptable. If the performance is determined to be unacceptable, the State shall have the right to require the sponsor to remove the signs within 30. days after receiving written notice from the State. In witness whereof the parties have executed this addendum as of this date: ,- ~' ~ S ~ -t- THE STATE OF IDAHO Idaho Department of Parks & Recreation THE POLITICAL SUBDIVISION Name ` ' ' ~' ~~ j• -.1 -- - ~~ ~.. Signature /! 7 Tit a -- mvd-0076F .~ By: _ Si ature Title EXHIBIT "A" • RESOLUTION N0. 99 A RESOLUTION BY THE CITY OF MERIDIAN AUTHORIZING THE RESERVING OF FUNDS FROM THE GENERAL FUND AND THE WATER AND SEWER ENTERPRISE FUND FROM FISCAL YEAR 1984-1985 AND SAID RESERVATION BEING EFFECTIVE MAY 15, 1985. AND AUTHORIZING THE TRANSFER OF FUNDS RESERVED FROM THE GENERAL FUND AND THE WATER AND SEWER ENTERPRISE FUND TO THE SPECIAL BUILDING FUND FOR THE CONSTRUCTION. OF A NEW CITY HALL. WHEREAS, by Resolution No. 96 a special building fund for the construction of a new City Hall was auth~o~i~ed; WHEREAS, there are insufficient funds to presently construct a new City Hall; WHEREAS, the City has authority to establish reserves and funds and to budget for necessary improvements and expenses; WHEREAS, there are sufficient funds to make a reservation from the General Fund and from the Water and Sewer Enterprise Fund; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: That there is hereby reserved from the General Fund the sum of ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00) and there is hereby reserved from the Water and Sewer Enterprise Fund the sum of THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00); and That there is hereby transferred from the General Fund ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00) and from the Water and Sewer Enterprise Fund THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00) to the Special Building Fund. That said transfer shall be effective when the funds are available from invested funds. PASSED BY THE CITY CO NCIL AND OVED BY THE MAYOR OF THE CITY OF MERIDIAN, this,day of a ,1985. GRANT P. KIN SFO , MAYOR '{ j`J fir. ;~,.,~.pp~i ~ ~1 1 M ~` k v ~ ~. ~ t i ~ ~ S. d ~ ~ +~ ,~ L .t ~ , ~ T ;, ~ ..,~ ~ ~ ` L ~~ o S~. ~ p re Gr w .'~ .~~~ 5 ~ ~ ~ - ire` ,t ~' .~' M1. a..•. _ f .. ., ~ . J r` 4:.` ~ ~, f ~ t ~ M ~ t . :. .. , . ,, , r,'. . ~~+.t t,. n~ - Yk7S~GlLt~TIOH ~ ~; ~ ry' ~~~•` `- , A . RESOL~TTI013 BYE T'HE- CY' ~ M~#I~~AN e:~U~'H~RIZ~ ~ ~2'~E,,~R~1'!~ .:~,' . THE ~A'~ ~~;, `E,t~R ~ ~ -OFD FUNDS FROM THE.~C,El~~gAL~' ~~3: AI~1 . FROM FISCAL. YEAR- 1984-19 ~.~" A~tD .1~. ,.;~E'AT~!Ql~ '_~~ ~~ ~', 19~8~ .~ANF3 AU~°I#t3R.zZ~ T ~~' :~S~PTE~K~~R ~- . FROM THE ~~NE~tAI, `Pt~'i~ AN~7 TT3~ WATT. ~" ~~~` ~ ~~ET~ . " ~ STRUC`i~;b~t f?~i~.a~ TAE ~~~ THE SPECTAL BU~~DING EUP~b ~CM~ _, , , , ~1H'ER~AS , by~ :Reso luti©n Nay 9 6 ~.:: s~ec3,al~ hui.'~r~ing,-~~ _ ~ the '. constructi~~. of (a ~ new G~ty,~~H~l~.' ~tasr..~~t~iz~8, ~° ;~" F _~ .. . .- .~ 5 ~. - ;. i ~ .. , ~ 'ies~~~'`va~s t~~`~~e~~ntly ~c~'r~`~ tdHEREAS °there are it~~~xffic ~ r~ ~ , > a new ~'ity';~€al~:~~;. ~~ ,. k ~4` _ s ~~ _ ., . : , ,:: ` . , , ( I" ~o c~T ~, WHERS; the City :,has ~uthorit~. tc~ ~~s~tab~~.i~rr~--~`~se~va~.sw. ~ b P " , -, ~fuztds anti ~fl, ~budg@t ,`fs~~ .tirie~essa~y ifipxave~ients ai~~` ~xpea~s~~. ' _ -~ ~: . . W~1ER5, ~I~ere. are sufficient funds to ;make a rr~s.e~va~iar~, '` from the Genera]. Find ~.~:nd ~ras~` tha Waver `~~nd ~-~~w.~~' ~n~~er~~~~.~-~dx . . - s ;... . ' - ... ~ , 8E ' IT RESOLVED~ E~ '~"HErMA~3HyfD ._~~I3Y `,-~.~ .~.~ ° THEl2OR;E - . `MOW , , C ~`' OF MERIDIAN , ~IBA~(~ s .; ~ '~ ; ~Ofi.~~TL 0~. "fiH~, - `~ - ; ..: . , . , - a e~e~y ~eserve~~ ` fran~r' the ,G~e~ . ~~'-urrd That there is ~i ~ _ ?.Qf~ , .,: . the ~.~ ~.~ ONE H{Jfi1DRED Tk1TY THOTJS~:: .. Dt?LLA~iS ~ ($ l ~fi~ (2©0 . ~3fl )~ and >~her ~ i s fie -e"b~~ ".~+~ d ~ ,. , ~ ~ ~ ~ ., . rprise° ~t ' Sewe~' .Ente . from the Wa~~+er and lp . , THIRTY THOUSAND APIfl NO j 14~ D4LI,ARS C ~ ~a ,4.40<Y * +~ ` ~ ~ ., i~, ~ ' _ "~ ~- .. That therQ .~.s ~hezeby ~ranb ferreci ~~ ;~ ~~~~ ~ =Np~E~ ,T~n1ENTY T~I(~USANT~ ANI~~ NO/~~4~' 1~ ,,.- _ Fund UNE ~'U .. , .(~$12fl,c~a~~Od}, and frcim tYie Water a' d S~ew~~.r ter ~~" : } Fund THI~I'X T'~OUSAND AND ?30/ 100- DO?,:AARa ~ (,~ 30 , , , ,. ~ . '~o -Gh~e .Sg~ec~ial _Huld~.ng-Fund. ~ ~ ~ ~. , .. _ . . ,. ~ R .That said zeservati"on -and transfer,; ~b~a~,l be`~~.fe~~v~. ,. ,. . the { . day of_ : ;1,85 r ' ~ ~ PA~SEDr~ B'~. ~'~IF CIT3~~ C©U1~CIL ;~t+i~ ;APPR~VE~ SAY ~ 1Y~1R,':C fits. ~+~~ . GiTY OF MER1DxAN, thi`a~~day ©f ^,.t.' ~,~, __ ~ 198 , ° :, ti~ ~ ` ._ AMteR08$,' . ,_ ., ,- ~ ~ ~ ,: , , ~ Ft~ZQ'Eg7K10 : .. i CtInOKSTON W ATTEST : ~ _ ~ ,~~~- y~ _? .: ., y ,, .; *aee~e,, Jack` Niemann~ City -~l.erk ~ fi ` ` ~"' x .? "ter., _.. ....~, ._.. .~ . • i - FLAG MAINTENANCE AGREEMENT ~\ - MERIDIAN CBAMBER OF COTiMERCE and CITY OF MERIDIAN .WHEREAS, the Meridian Chamber of Commerce has to this date established and constructed two flag poles for the display of the American Flag: at Storey Park and at the Jim Fuller Memorial at the north curve. AND WHEREAS, the Chamber of Commerce is less able than the City of Meridian to properly maintain and care for the flags but is able and willing to purchase and pay for the repair of appropriate displayed American Flags at those areas. NOti7 THEREFORE: IT IS HEREBY AGREED by and between the City of Meridian and the I~leridian Chamber of Commerce that henceforth and hereafter the Chamber of Commerce shall be and continue to be responsible for the purchase, acquisition or repair of the two above-referenced display 'flags or their replacements to the end and effect that these costs shall be borne solely by the Meridian Chamber of Commerce and the City of Meridian shall be and hereafter responsible for the raising or lowering of the flags for their FLAG MAINTENANCE AGREEMENT /~q=,~dq'~~ • • ~~ display or repair and if repair is needed, notification of and delivery to the Executive Secretary of the Chamber of Commerce for exchange of flags so that continuous display can be maintained and for repair to the effiected flag or flags. DATED: ~~ ~` , 1985. BY: NA OR CITY OF MERIDIAN PRESIDENT MERIDIAN CHAMBER OF COriMERCE FLAG MAINTENANCE AGREEMENT ,~ w ~•~ :w • • LETTER AGRE~:FNT For good and valuable consideration the receipt of which is hereby acknowledged, the City of meridian hereby grants to United First Federal Savings and Loan Association of Boise,rN9eridian Branch, a license and ease- ment to use six (6) automobile parking spaces which six (6) automobile parking spaces are located in the Southeast corner of Lots 21, 22 and the East one-half of Lot 23, Block 2, Meridian Townsite, according to the plat thereof, filed in Book 1 of Plats at page 29, records of Ada County, Idaho. The Term of said license shall be ten (10) years from the date of herein stated below; that United First Federal Savings and Loan of Boise, Meridian Branch, is further given the right and option to renew the license and easement for an additional ten (10) years by giving written notice of its intent to exercise said right and option to renew to the Mayor of the City of•MEeridian prior to the expiration of the original ten (10) year period. That in the event the City of Meridian desires to use said six (6) parking spaces for another purpose the City may provide United First Federal Savings and Loan Association of Boise six (6) parking .spaces in another location than as described above but said other location must be within the block bounded by Meridian Street, Idaho Street, East First Street, and Broadway Avenue, and such that the parking spaces must be off street parking. That the City of Meridian hereby grants to United First Federal Savings and Loan Association a right of first refusal to purchase the above six (6) parking spaces in the event the City decides to sell the above described property; that this right of first refusal shall, of course, be subject to all legal requirements pertaining to sale of real estate by a City of the ;~:,~+ .. ~ A • • State of Idaho and shall terminate with the termination of this license , and easement. DATED this~day of Q ,1985. 'T P. KIN C , YOR ATTEST: On this ~ day of -~~ ~~i , in the year ,before me a Notary P lic in and for the State of Idaho, person- ally appeared•C~ant P. Kingsford and Jack Niemann, known to me to be the Mayor and City Clerk, respectively, of the City of•Meridian, Idaho, that they executed the above and foregoing instrument, and acknowledged to me that the City of Meridian executed the same. ~~ ~~ (SEAT.) Notary Public or t State I ho Residing at :~YY~ County of Ada, ) P' a .'d ~. • • REQUEST FOR PLACEIIS~1'P UPON 'PHS AGENDA OF ?HB MERIDIAN CITY COUNCIL C0~1E NOW Claremont Development Company by and through its attorney of record and hereby requests that the Meridian City Council place upon its agenda for its consideration, at its regularly scheduled meeting on May 6, 1985, Claremont Development Company's request for hearing submitted April 29, 1985 which requests public hearing before the City Council on June 3, 1985. DATED this 29th day of April, 1985. ,, wax Alan G. Lance Attorney for Applicant 3°Q~' ,~ ~~i~s ~~1~ /~9eNd9 ~/ • REQUEST FOR PLACEMENY UPON THE AGENDA OF THE MERIDIAN CITY COUNCIL COMES NOW Claremont Development Company by and through its attorney of record and hereby requests that the Meridian City Council place upon its agenda for public hearing and for its consideration at its regularly scheduled meeting on June 3, 1985, Claremont Development Company's Application and Request for Amendment to the Meridian Comprehensive Plan and the Meridian Planning and Zoning Commission's Findings of Fact, Conclusions of Law, and recommendations entered April 25, 1985 pertaining to said applications. DATED this 29th day of April, 1985. ~,.~ ~e Alan G. Lance Attorney for Applicant a~.ei ~ ~~ ~~~ ~~ I110I~ May 3, 1985 Mayor Grant Kingsford and City Council of Meridian 728 Meridian Street Meridian, Idaho 83642 Re: I 84/Eagle Road J Gentlemen: This letter will serve to supplement our previous request that a public hearing on our application be held on June 3, 1985. It is our intent to present letters of commitment from prospective major tenants to the Mayor and City Council not later then May ?.7, 1985. This will allow one week for your review and verification prior to the June 3rd hearing. We also plan to have these letters entered into the minutes at the said hearing. This proposed. scheduling will allow our project to remain on course while giving you the comfort you need to let us continue. It is-most important that our request be given favorable consideration on May 6th. Any input you can give us as to how you would like the letters to read will be greatly appreciated. Thank you for your help. Very truly yours, aremont Development Company, Inc. Phil Davidson PJD/co ~G~o +~~ ~~ 515-116th. Ave. N.E. 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