HomeMy WebLinkAbout2007-07-24C�t(ERJDIAM-
0
Revised 7/23/07
CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
Tuesday, July 24, 2007 at 7:00 p.m.
"Although the City of Meridian no longer requires sworn testimony,
all presentations before the Mayor and City Council are expected
to be truthful and honest to the best of the ability of the presenter."
1. Roll -call Attendance:
X David Zaremba K Joe Borton
_ 0 Charlie Rountree � Keith Bird
--X Mayor Tammy de Weerd
2. Pledge of Allegiance: 16) 13mr-1es•- i Edi 64j Co" -` :
3. Community Invocation by Ina And eole eonvinunity
lett:- IV, ?'l /erg , 6/xq
4. Adoption of the Agenda: krj0 P are 4 kS A oC «Y3 F 1fl
5. Consent Agenda:
A. Approve Minutes of July 11, 2006 City Council Budget Workshop
Meeting: �/ o V.<,
B. Approve Minutes of July 3, 2007 City Council Regular Meeting
Minutes: ay,yv V-(_
C. Findings of Fact and Conclusions of Law for Approval: PFP
07-001 Request for a Preliminary / Final Plat approval to subdivide
Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new
lots for Benewah by Walker Homes, Inc. — 2673 North Ridgebury
Avenue: G7.,ep, V%A—
Meridian City Council Meeting Agenda — July 24, 2007 Page 1 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
•
Revised 7/23/07
D. Approve New Beer and Wine License for Gelato Cafe by Gelato
Cafe LLC at 2053 E. Fairview Avenue, Suite 101: %"W'0
E. Lease of Property between the Union Pacific Railroad
Company (Lessor) and the City of Meridian (Lessee):
F. Approve Additional Plat Signature for Gramercy Park
Subdivision No. 1 in regards to City ownership of Kiwanis Park
lot: wjjj,,•nvc_
G. Water Main Easement Agreement for Pine Street Warehouse
by Capital Hill Holdings, LLC: c,�«-7v,- v-c—
H. Water Main Easement Agreement for Fairview Lakes Building
by Fairview Lakes, LLC:
I. Approve New Beer and Liquor License for Baia Taco Beverage
Concession by David Edmark at 1735 W. Franklin Road, Ste
120: Aire o v -c --
J. Public Works Change Order No. 1. Water and Sewer
Improvements in Conjunction with ACHD West 1Street,
Washington to Cherry Road Project for a cost of $88,800.00: .�--
- K. Public Works Budget Amendment for the WWTP Security
Fence in the amount offor FY 2007:
"O"Ooz
L. Approve Contract for WWTP Security Fence with Butte Fence,
Inc. for $47,571.35:
M. Approve Contract for Water System Redundancy and Storage
Evaluation with Murray, Smith & Associates, Inc. for $IO,000.Of1'-�/"-v"
N. License Agreement with Nampa Meridian Irrigation District for
the North Black Cat Pressure Sewer within the Five Mile Drain: o7rvwv�
O. Approve Public Right of Way Sidewalk Easement Contract for
the Lift Station Site on Black Cat Road between Ustick Road
and McMillan Road for ACHD: aiiwrov-c--
P. Approve Right of Way Dedication Warranty Deed for the North
Black Cat Lift Station with ACHD:
Q. Award Bid / Approve Contract for the North Black Cat Pressure
Sewer with H2 Excavation. LLC for $398,376: A7yh o& --c ,
Meridian City Council Meeting Agenda — July 24, 2007 Page 2 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
0
Revised 7/23/07
R. Second Amendment to Lease Agreement for Office Space
between the City of Meridian and the State of Idaho by and
through the Department of Correction: a�jwc-
S. Resolution No. 0 ? - S G : VAC 07-009 Request for
a Vacation of the public utilities, drainage, irrigation easements, a
future road easement and a farm access easement for Lots 3, 4, 5
& 6, Block 1 of Kachina Estates Subdivision for Cabella Creek by
ATM Development, LLC - north of Victory Road and west of Locust
Grove Road: 17t'r19v,c.
T. Resolution No. ® 7 - 5- 70 : VAC 07-013 Request
for Vacation of the public utility easement platted on Lots 1-3, Block
2 for Doris Subdivision by Teach Investments and Seagle Three,
LLC - 1330 East Fairview Avenue: Ar -i v-- -
U. Resolution No. 07- 577/ Appointments for
Board Members and Alternates to the Vallev Reaional
Transportation Authority:.
V. Addendum to Development Agreement: AZ 06-007 Request to
modify Section 4.1 of the original Development Agreement for
Solitude Subdivision with Solitude Development, LLC and
Providence Development Group: 477h owL
W. Agreement for Professional Services for Polvarauh
Mentorship, Education and Training Services with Idaho
Polygraph Association for $4,000.00:
&e.4, E G✓rr-�, l rcG•.-Le ow -
6. Items Moved from Consent Agenda: �L X
7. Approve 2008 Fiscal Year Tentative Budget: v-¢.
aW ,Ob j 52/" ? 2 D, tv
8. Continued Public Hearing from June 19, 2007: VAC 07-008 Request
for a Vacation of the City of Meridian utility easement common to Lots 1, 2
& 3, Block 1 of the Fallon Greens Subdivision for Hampton Inn and
Suites by Tealey Land Surveying - 815 & 875 South Allen Street and
2870 East Freeway:
9. Public Hearing: RZ 07-006 Request for a Rezone of 4.38 acres from an
R-8 to an R-15 zone for Bellabrook by J.E. Development, LLC - 300
South Locust Grove Road:G�&-,e- 411-, f e- Ie
Meridian City Council Meeting Agenda — July 24, 2007 Page 3 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 7/23/07
10. Public Hearing: CUP 07-005 Request for a Conditional Use Permit
approval for multi -family residential use in a proposed R-15 zone for
Bellabrook by J.E. Development, LLC — 300 South Locust Grove Road:
0VJ',,.-.- ►.-e- — -lam 4 c l -C
11. Public Hearing: MI 07-009 Request for a Miscellaneous application to
Modify the existing Development Agreement to amend the concept plan
for the site for Dorado Subdivision by Winston Moore — NWC of Eagle
Road and Overland Road: m,,,1)
12. Ordinance No. 07— l328 RZ 07-009 Request for a
Rezone of 24.69 acres from I -L to C -G zone for Jabil Southeast by Joint
School District No. 2 — 1303 East Central Drive (Portion of Lot 1, Block 1,
of the Jabil Subdivision): �wc_
13. Department Reports:
A. Finance / Purchasing Department:
1. Request to Pull Bid for City Hall Building Project Ph. III
by Color Craft: AY r V -c--
2. Update on Overall Effectiveness on Bidding Process:
/0 A, Grief T31011177s
B. Parks Department:
1. Discussion of Parks Commission Recommendation on
Proposed Antique Market Event in Store Park:
GCi3G�t JdGGC — ls�aai� � � e►rGCir,.�.,s �v
C. Fire Department:
1. Update on Fireworks Permit Process: 6C va.
D. Public Works Department:
1. Reimbursement Agreement between the Citv of
Meridian, Shepherd's Creek , LLC and Tuscany
Development, Inc. for 27 inch Sewer Trunk from Linder
Road to Stoddard Road: rems v,t
2. Reimbursement Agreement between the City of Meridian
and Linder 109, LLC for 27 inch sewer trunk from
Overland Road to Linder Road: "hov1L
Meridian City Council Meeting Agenda — July 24, 2007 Page 4 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Revised 7/23/07
3. Reimbursement Agreement between the City of Meridian
and Linder 109, LLC for 27 inch sewer trunk from
Overland Road to Ten Mile Road:
4. Memorandum of Understanding with Sunrise Rim, LLC
to Build Water Main and a Dry Line Sewer to their
Development: /-e�pyLgk%f,
E. Legal Department:
1. Discussion of Arts Commission Quick Funding Grant for
Take Part in the Arts Event: 02-
F. Mayor's Office:
1. Pine Street School House Request:
llei • A. " " Sea t-eti. 4 A0//ow -I-P 8-14 a7
14. Ordinance No. d 7- /3 2 : Garage Sale Ordinance: apo
15. Ordinance No. O%- /3 3,o Mayor and City Council
Compensation Amendment:AeX-6- ^-Q.Q,,fi Kj 2.1¢_o7
16. Executive Session per Idaho State Code 67-2345(1)(b) - (to consider
the evaluation, dismissal or disciplining of, or to hear complaints or
charges brought against, a public officer, employee, staff member or
individual agent, or public school student):
Meridian City Council Meeting Agenda — July 24, 2007 Page 5 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
I
0
C�WERJDIAN%--_-
CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
Tuesday, July 24, 2007 at 7:00 p.m.
`Although the City of Meridian no longer requires sworn testimony,
all presentations before the Mayor and City Council are expected
to be truthful and honest to the best of the ability of the presenter."
1. Roll -call Attendance:
David Zaremba Joe Borton
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Joe Anderson with Cole Community
Church:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of July 11, 2006 City Council Budget Workshop
Meeting:
B. Approve Minutes of July 3, 2007 City Council Regular Meeting
Minutes:
C. Findings of Fact and Conclusions of Law for Approval: PFP
07-001 Request for a Preliminary / Final Plat approval to subdivide
Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new
lots for Benewah by Walker Homes, Inc. — 2673 North Ridgebury
Avenue:
Meridian City Council Meeting Agenda — July 24, 2006 Page 1 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
D. Approve New Beer and Wine License for Gelato Cafe by Gelato
Cafe LLC at 2053 E. Fairview Avenue, Suite 101:
E. Lease of Property between the Union Pacific Railroad
Company (Lessor) and the City of Meridian (Lessee):
F. Approve Additional Plat Signature for Gramercy Park
Subdivision No. 1 in regards to City ownership of Kiwanis Park
lot:
G. Water Main Easement Agreement for Pine Street Warehouse
by Capital Hill Holdings, LLC:
H. Water Main Easement Agreement for Fairview Lakes Building -
by Fairview Lakes, LLC:
I. Approve New Beer and Liquor License for Baia Taco Beverage
Concession by David Edmark at 1735 W. Franklin Road, Ste
120:
J. Public Works Chance Order No. 1. Water and Sewer
Improvements in Conjunction with ACHD West 1 Street.
Washington to Cherry Road Project for a cost of $88,800.00:
K. Public Works Budget Amendment for the WWTP Security
Fence in the amount of $65,000 for FY 2007:
L. Approve Contract for WWTP Security Fence with Butte Fence.
Inc. for $47,571.35:
M. Approve Contract for Water System Redundancy and Storage
Evaluation with Murray. Smith & Associates. Inc. for $10,000.0:
N. License Agreement with Nampa Meridian Irrigation District for
the North Black Cat Pressure Sewer within the Five Mile Drain:
O. Approve Public Right of Way Sidewalk Easement Contract for
the Lift Station Site on Black Cat Road between Ustick Road
and McMillan Road for ACHD:
P. Approve Right of Way Dedication Warranty Deed for the North
Black Cat Lift Station with ACHD:
Q. Award Bid / Approve Contract for the North Black Cat Pressure
Sewer with H2 Excavation. LLC for $398,376:
Meridian City Council Meeting Agenda — July 24, 2006 Page 2 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
0 •
R. Second Amendment to Lease Agreement for Office Space
between the City of Meridian and the State of Idaho by and
through the Department of Correction:
S. Resolution No. : VAC 07-009 Request for
a Vacation of the public utilities, drainage, irrigation easements, a
future road easement and a farm access easement for Lots 3, 4, 5
& 6, Block 1 of Kachina Estates Subdivision for Cabella Creek by
ATM Development, LLC — north of Victory Road and west of Locust
Grove Road:
T. Resolution No. : VAC 07-013 Request
for Vacation of the public utility easement platted on Lots 1-3, Block
2 for Doris Subdivision by Teach Investments and Seagle Three,
LLC — 1330 East Fairview Avenue:
U. Resolution No. Appointments for
Board Members and Alternates to the Valley Regional
Transportation Authoritv:
6. Items Moved from Consent Agenda:
7. Approve 2008 Fiscal Year Tentative Budget:
8. Continued Public Hearing from June 19, 2007: VAC 07-008 Request
for a Vacation of the City of Meridian utility easement common to Lots 1, 2
& 3, Block 1 of the Fallon Greens Subdivision for Hampton Inn and
Suites by Tealey Land Surveying — 815 & 875 South Allen Street and
2870 East Freeway:
9. Public Hearing: RZ 07-006 Request for a Rezone of 4.38 acres from an
R-8 to an R-15 zone for Bellabrook by J.E. Development, LLC — 300
South Locust Grove Road:
10. Public Hearing: CUP 07-005 Request for a Conditional Use Permit
approval for multi -family residential use in a proposed R-15 zone for
Bellabrook by J.E. Development, LLC — 300 South Locust Grove Road:
11. Public Hearing: MI 07-009 Request for a Miscellaneous application to
Modify the existing Development Agreement to amend the concept plan
for the site for Dorado Subdivision by Winston Moore — NWC of Eagle
Road and Overland Road:
Meridian City Council Meeting Agenda — July 24, 2006 Page 3 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
0
12. Ordinance No. RZ 07-009 Request for a
Rezone of 24.69 acres from I -L to C -G zone for Jabil Southeast by Joint
School District No. 2 —1303 East Central Drive (Portion of Lot 1, Block 1,
of the Jabil Subdivision):
13. Department Reports:
A. Finance / Purchasing Department:
1. Request to Pull Bid for City Hall Building Project Ph. III
by Color Craft:
2. Update on Overall Effectiveness on Bidding Process:
B. Parks Department:
1. Discussion of Parks Commission Recommendation on
Proposed Antique Market Event in Storey Park:
C. Fire Department:
1. Update on Fireworks:
D. Public Works Department:
1. Reimbursement Aareement between the City of
Meridian. Shepherd's Creek LLC and Tuscanv
Development, Inc. for 27 inch Sewer Trunk from Linder
Road to Stoddard Road:
2. Reimbursement Agreement between the City of Meridian
and Linder 109, LLC for 27 inch sewer trunk from
Overland Road to Linder Road:
3. Reimbursement Agreement between the City of Meridian
and Linder 109. LLC for 27 inch sewer trunk from
Overland Road to Ten Mile Road:
4. Memorandum of Understandina with Sunrise Rim, LLC
to Build Water Main and a Dry Line Sewer to their
Development:
Meridian City Council Meeting Agenda — July 24, 2006 Page 4 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
0
E. Legal Department
1. Discussion of Arts Commission Quick Funding Grant for
Take Part in the Arts Event:
2. Discussion of Draft Ordinances for Mayor and City
Council Compensation Amendment:
3. Discussion of Draft Ordinance for Garage Sales:
F. Mayor's Office
I. Pine Street School House Request:
14. Executive Session per Idaho State Code 67-2345(1)(b) — (to consider
the evaluation, dismissal or disciplining of, or to hear complaints or
charges brought against, a public officer, employee, staff member or
individual agent, or public school student):
Meridian City Council Meeting Agenda — July 24, 2006 Page 5 of 5
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council Meeting July 24, 2007
A meeting of the Meridian City Council was called to order at 7:07 P.M., Tuesday, July
24, 2007, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton and David
Zaremba.
Members Absent: Charlie Rountree.
Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, Tracy Basterrechea,
Joe Silva, Stacy Kilchenmann, Keith Watts, Elroy Huff and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba X Joe Borton
0 Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: I will go ahead and open tonight's City Council meeting. Thank you for
joining us here tonight. It is Tuesday, July 24th. It is seven after 7:00. Mr. Berg, will
you, please, start tonight's meeting with roll call attendance.
Item 2: Pledge of Allegiance:
De Weerd: Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge
by Councilman Borton. If you will all rise and join us in the pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Will Berg:
De Weerd: Item No. 3 is our community invocation. We were to be led by Mr. Joe
Anderson, but he wasn't able to join us tonight. So, tonight we will be led by our City
Clerk Will Berg. If you will all join us in the community invocation or take this as an
opportunity for a moment of reflection.
Berg: Thank you. Our most gracious and kind Heavenly Father, we want to take a
moment out of this busy schedule and our busy times to acknowledge you and your
presence. We ask for your guidance and your direction in all things that we do. We
want to thank you for all this blessedness that you have given to this community and to
our families as we reach out and spread your word. We want to take a moment at this
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Meridian City Council
July 24, 2007
Page 2 of 70
•
time to be so grateful for taking care of our loved ones across the oceans and provide
them a safe journey back. We ask this all in your precious name, amen.
Item 4: Adoption of the Agenda:
De Weerd: Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Item K on the Consent Agenda has been asked to be moved to 6-K and we would
like to also -- well, Item S is -- resolution number is 07-569. Item T is 07-570, resolution
number. U is 07-571 resolution number. And we have added to the Consent Agenda
Item X and it's the new beer and wine license for Rick's Press Room and that has been
asked to be moved to 6-X on the regular agenda. Item No. 12 is ordinance number 07-
1328. In the department reports, Item D, one, two, three and four, has been asked to
be removed. Item 14 is -- ordinance is 07-1329. And 15 is ordinance 07-1330. With
that I move we accept the revised agenda.
Borton: Second.
De Weerd: I have a motion and a second to adopt the agenda as stated. Mr. Berg, can
you repeat that?
Bird: Yeah. It might be different, but I can repeat it.
De Weerd: All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5: Consent Agenda:
A. Approve Minutes of July 11, 2006 City Council Budget Workshop
Meeting:
B. Approve Minutes of July 3. 2007 City Council Regular Meeting
Minutes:
C. Findings of Fact and Conclusions of Law for Approval: PFP
07-001 Request for a Preliminary / Final Plat approval to subdivide
Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new
lots for Benewah by Walker Homes, Inc. — 2673 North Ridgebury
Avenue:
Meridian City Council
July 24, 2007
Page 3 of 70
D. Approve New Beer and Wine License for Gelato Cafe by Gelato
Cafe LLC at 2053 E. Fairview Avenue, Suite 101:
E. Lease of Property between the Union Pacific Railroad
Company (Lessor) and the City of Meridian (Lessee):
F. Approve Additional Plat Signature for Gramercy Park
Subdivision No. 1 in regards to City ownership of Kiwanis Park
lot:
G. Water Main Easement Agreement for Pine Street Warehouse
by Capital Hill Holdings, LLC:
H. Water Main Easement Agreement for Fairview Lakes Building-
by
uildingby Fairview Lakes, LLC:
I. Approve New Beer and Liquor License for Baia Taco Beverage
Concession by David Edmark at 1735 W. Franklin Road, Ste
120:
J. Public Works Change Order No. 1, Water and Sewer
Improvements in Conjunction with ACHD West Vu Street,
Washington to Cherry Road Project for a cost of $88,800.00:
L. Approve Contract for WWTP Security Fence with Butte Fence,
Inc. for $47,571.35:
M. Approve Contract for Water System Redundancy and Storage
Evaluation with Murray, Smith $ Associates, Inc. for
$10,000.0:
N. License Agreement with Nampa Meridian Irrigation District for
the North Black Cat Pressure Sewer within the Five Mile Drain:
O. Approve Public Right of Way Sidewalk Easement Contract for
the Lift Station Site on Black Cat Road between Ustick Road
and McMillan Road for ACRD:
P. Approve Right of Way Dedication Warranty Deed for the North
Black Cat Lift Station with ACHD:
Q. Award Bid / Approve Contract for the North Black Cat Pressure
Sewer with H2 Excavation, LLC for $398,376:
0 0
Meridian City Council
July 24, 2007
Page 4 of 70
R. Second Amendment to Lease Agreement for Office Space
between the City of Meridian and the State of Idaho by and
through the Department of Correction:
S. Resolution No. 07-569 VAC 07-009 Request for a
Vacation of the public utilities, drainage, irrigation easements, a
future road easement and a farm access easement for Lots 3, 4, 5
& 6, Block 1 of Kachina Estates Subdivision for Cabella Creek by
ATM Development, LLC — north of Victory Road and west of Locust
Grove Road:
T. Resolution No. 07-570 VAC 07-013 Request for
Vacation of the public utility easement platted on Lots 1-3, Block 2
for Doris Subdivision by Teach Investments and Seagle Three,
LLC — 1330 East Fairview Avenue:
U. Resolution No. 07-571 Appointments for Board
Members and Alternates to the Valley Regional Transportation
Author! :
V. Addendum to Development Agreement: AZ 06-007 Request to
modify Section 4.1 of the original Development Agreement for
Solitude Subdivision with Solitude Development, LLC and
Providence Development Group:
W. Agreement for Professional Services for Polygraph
Mentorship, Education and Trainina Services with Idaho
Polygraph Association for $4,000.00:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda Item K needs to be moved to 6-K and Item X needs to be
moved to 6-X. Item S, T, and U are Resolution number 07-569, 07-570, 07-571, and
with that I move we approve the revised Consent Agenda and for the Mayor to sign and
the Clerk to attest on all papers.
Zaremba: Second.
Meridian City Council
July 24, 2007
Page 5 of 70
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion, Mr. Berg, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Items Moved from Consent Agenda:
K. Public Works Budget Amendment for the WWTP Securitv
Fence in the amount of $65,000 for FY 2007:
De Weerd: Thank you. Well, there were two items moved from the Consent Agenda to
Item 6. So, we will first hear item 6-K. Mr. Grady.
Grady: Madam Mayor, Members of the Council, I would just like to amend that budget
request to read 50,000. The contract for that was around 47. That allows for small
change orders, rather than the 65.
De Weerd: Thank you. We always like to see them go down, rather than up. Any
questions from Council? Do I have a motion to approve?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton, I move we approve the Public Works budget amendment, the security fence, in
an amount not to exceed 50,000 dollars.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 6-K. If there is no
discussion, Mr. Berg, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
X. Item 64 is a request for approval of a new beer and
wine license for Rick's Press Room Restaurant.
De Weerd: Council, Item 6-X is a request for approval of a new beer and wine license
for Rick's Press Room Restaurant, located at 130 East Idaho Avenue. Mr. Nary.
0 .
Meridian City Council
July 24, 2007
Page 6 of 70
Nary: Yes. Thank you, Madam Mayor, Members of the Council. This is a -- I guess an
unusual request to you to take this off and consider it separately. And my reasoning for
it is is that the state law on licensing of liquor establishments requires that any liquor
establishments that are within 300 feet of a place of worship have to be separately -- or
have to be specifically approved by the governing board. Yourself. This particular --
this particular restaurant with accessory bar is within 300 feet of the Christian Science
Reading Room down here on Idaho Street. There is another bar liquor license within
300 feet as well. That particular one did come for a Conditional Use Permit, so you
were able to view that separately. This one you weren't and so that's why I simply ask
that you knew you were approving this license that's within 300 feet. It is only beer and
wine, so there is an argument to be made that it may not be quite as critical, but I still
think it's probably wise at least for the city to separately consider those that are within
that 300 foot radius of these places of worship. In the last one, if you recall, when that
Conditional Use Permit came, we actually got a letter of consent from the Christian
Science Reading Room folks that said they had no objection, but the license was for --
actually, the license was essentially parked at the Phoenix Catering business. It's not
actually serving there. The Press Room is a restaurant bar, so they will be serving on
those premises and we didn't have any other new license establishments on that
particular area. So, again, I simply wanted to be sure that you knew what you were
seeing and being asked to approve and, then, that there was a state law provision that
at least addresses that you specifically know that before you approve it. So, that was
why I asked for that.
De Weerd: Thank you, Mr. Nary. Any questions from Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Has the Christian Science Reading Room had an opportunity to comment on
this one or are they aware of it?
Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, they probably
have not. I think the Radio Room only required a certificate of zoning compliance,
because it was -- it is a restaurant that is allowed in that zone. So, I don't believe they
had any specific knowledge that I'm aware of, because they wouldn't have received
notice of any of those things. So, I don't know. Mrs. Canning might know, but I'm going
to guess they don't have any specific notice of what's being requested. There is a sign
there, it has been there -- not a notice sign, but a sign that there is a business and a
restaurant that's going in there. I saw this about a month ago, so I mean that's there,
but they haven't had any specific notice given to them.
De Weerd: Anna, do you have anything you want to add?
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Meridian City Council
July 24, 2007
Page 7 of 70
Canning: No, ma'am, just other than that Mr. Nary is correct, it just required a certificate
of zoning compliance. We did talk to them when the Phoenix Catering went in and they
had no issues with the beer and wine license associated with that catering
establishment.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: And maybe they won't have this time either, but I believe they should be -- have
the opportunity, as they did on the Phoenix Catering one -- the opportunity to yea or nay
it myself before I approve the license.
Zaremba: And I would support that, actually, as a general request. Anytime there is a
request within 300 feet of a church or a school, we probably should ask that entity for
their input.
Bird: That's right.
Nary: Madam Mayor, Members of the Council -- and I think the only reason it's in front
of you tonight is because I think they want to open, is my understanding, and you don't
have another meeting to consider it until August -- yeah, unless you put it on your
August 7th for Consent and at least seek input, but if they object, then, I guess you'd
have to make a decision on August 7th. That's your next meeting that you -- and that
was not for public hearings.
Canning: Madam Mayor?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: This is -- and I realize -- I don't think the Christian Science Room is recognized as
a chapel or anything, is it, counsel?
Nary: Councilmember Bird, it does qualify under the state code definition of a place of
worship.
Bird: And they are within 300 feet, so they have got to give permission to issue this
license, so -- I don't mind having it on the 7th myself, but I'm not going to act on it until
they get a chance to respond to it.
Nary: And, Madam Mayor, Members of the Council, Councilmember Bird, they don't
have to approve it, but I just wanted them to at least have the opportunity for comment.
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Bird: If they got to -- they should get to comment just like everybody else does.
Canning: Madam Mayor, can I speak to that? This is -- I'll have to take some
accountability here. The statute that you have read, it seems pretty clear. And when I
first got here I asked about that with regard to beer and wine licenses and restaurants to
our representation -- legal representation at the time and I thought that what I took away
from that was that it hadn't been the practice of the city to treat the restaurants with the
liquor licenses the same as it would a bar. So, I have only been requiring that notice.
We have only been doing that with true drinking establishments where they don't qualify
as a restaurant under Idaho Code. So, that is why the Christian Science Reading Room
had an opportunity to comment on the Phoenix Catering is because there wasn't a
restaurant at the site, it was a catering business with a liquor license. So, this is a new
departure. I'm happy to go this way if that's -- if this is what we need to do. It does
seem to be more in line with what the state code says, but this isn't as usual. I just want
you to know that. This was -- this is kind of a new way of looking at this.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Anna, this is a restaurant first and just beer and wine to go with a meal.
Canning: Right.
Bird: Forty percent of their receivables will be restaurant.
Canning: However the state makes that classification. I'm not going to -- prepared to
guess.
Bird: Right. Forty percent.
Canning: But yeah.
Bird: Well, that -- that does show a little different light, but I'd still like to see them get to
comment on it.
De Weerd: Is the applicant here tonight? Council, I know when 43 Degrees North
came in we didn't do that for them, so --
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
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Borton: From what I know about Rick's Press Room and what they are trying to
accomplish and some of the hurdles they have tried to clear to get this thing up and
open, I'm mindful of the concerns and the requirements that this is pulled off and we
address this separately. I'm comfortable approving it now, understanding the specifics
of this application as a restaurant use and in light of its proximity to the religious
organization beside it, I'm comfortable approving it now, rather than waiting until August
7th. I might be in the minority, but --
Zaremba: Well -- and I could change my opinion, Madam Mayor. I could change my
opinion based on the director's statement that when it is principally a restaurant we have
not been polling nearby churches and schools, so this does not make this one a unique
exception. I can also understand that, apparently, the applicant hustled around today to
get all the signatures and as crossing hurdles, so the effort is -- is not to be unfair to a
church or a school that may be near a drinking establishment, but this is principally a
restaurant and we haven't been asking nearby facilities about restaurants and I would
be comfortable deciding tonight.
De Weerd: Any further discussion, Council?
Bird: Was that a motion?
De Weerd: If not do I have a motion?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we approve the new beer and liquor -- or new beer and wine
license for Rick's Press Room.
Zaremba: Second.
De Weerd: I have a motion and a second. Mr. Berg, will you, please, call roll.
Bird: I'm going to vote aye, too, but I do hope that they don't go through years as a bar
before we discover it like the other establishment did.
Nary: So noted.
De Weerd: So noted.
Berg: And Rountree is absent.
Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
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MOTION CARRIED. THREE AYES. ONE ABSENT.
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Berg: If I may, Madam Mayor, I think we are going to try to put something on our
application that addresses this. Our office was approached to come in with the beer
and wine license and we tried to expedite it because of the time frame we had not to
have a meeting the next two weeks and I don't think he was aware of that, otherwise, he
would have probably gone and got a letter, because he went out and physically got
signatures of department heads to get this accommodation made for you tonight. So, I
don't think the intent is to bypass neighbors or to have his neighbors be surprised that
that's what's he's doing. But I think we will try to maybe coordinate something on the
application, so at least maybe as a double-check between the planning department and
ourselves, where they are located, and if they -- in any location next to a church or
school.
De Weerd: Yeah. And, Council, we will work to make sure that that interpretation is
taken, so we have comment in any regard.
Zaremba: Madam Mayor, I would add that in my decision to vote in favor I was also
comforted by Mr. Nary's statement that there is a sign on the building that this is
coming. So, even if there wasn't formal notice, somebody could have known.
Item 7: Approve 2008 Fiscal Year Tentative Budget:
De Weerd: Item 7 is the 2008 fiscal year tentative budget. I will turn this over to our
finance director.
Kilchenmann: Madam Mayor, Members of the Council, we provided you with -- I believe
-- and Will will correct me if I'm wrong -- that you just need to approve the tentative
budget in its entirety and I think there should be a single page with the big Meridian logo
on it that has the number written that one of you needs to make a motion to tentatively
approve it.
Berg: Madam Mayor, there is a hard copy that was put in their boxes, but it is also
scanned and you can find it in your electronic packet.
Kilchenmann: And I have one, too, if --
Bird: Here it is right here.
Zaremba: I did see the hard copy.
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Berg: Yeah. Madam Mayor, if I could, this -- we need to do this, so that we can make
the formal notice in the paper, so that we can have that prior to our Public Hearing on
August 28 at 6:00 o'clock.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the tentative 2008 fiscal budget for 86,521,920 dollars for
the resolution to be drawn up stating so.
De Weerd: Do I have a second?
Borton: Second.
De Weerd: I have a motion and a second. Any discussion? Mr. Berg?
Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 8: Continued Public Hearing from June 19, 2007: VAC 07-008 Request
for a Vacation of the City of Meridian utility easement common to Lots 1, 2
& 3, Block 1 of the Fallon Greens Subdivision for Hampton Inn and
Suites by Tealey Land Surveying — 815 & 875 South Allen Street and
2870 East Freeway:
De Weerd: Thank you. Item 8 is a continued Public Hearing from June 19th on VAC
07-008. 1 will start with comments from our planning director.
Canning: Madam Mayor, Members of the Council, this is the Hampton Inn project. It's
located on the west side of Eagle Road, north of Interstate 84, at 875 South Allen
Street. They have requested vacation of municipal utility and irrigation easements.
Staff is recommending approval. We have received all the necessary relinquishments
and the applicant has met the necessary Public Works conditions. To our knowledge
there are no outstanding issues before Council. I should tell you we do not have an
applicant tonight, they did state -- send a letter stating they are in agreement with
conditions of approval. And with that I will -- I'll answer any questions or more likely Mr.
Grady will answer any questions.
De Weerd: Council, any questions for staff? Is the applicant here?
Canning: No, ma'am. We have no applicant. They have sent a letter stating they are in
agreement with the conditions of approval.
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De Weerd: We have no applicant. I still had to ask. Council, what do you want to do?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve VAC 07-008.
Zaremba: Madam Mayor, I believe we should ask if there is any public testimony.
Bird: Oh. Oh, this is a Public Hearing.
De Weerd: Well, I did and there is none, but if -- we would still have to close the Public
Hearing.
Bird: We need to close the Public Hearing. I move we close the Public Hearing on Item
8.
Zaremba: Second.
De Weerd: All those in favor say aye. All ayes. Motion carred.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve VAC 07-008.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 8. Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9: Public Hearing: RZ 07-006 Request for a Rezone of 4.38 acres from an
R-8 to an R-15 zone for Bellabrook by J.E. Development, LLC — 300
South Locust Grove Road:
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Item 10: Public Hearing: CUP 07-005 Request for a Conditional Use Permit
approval for multi -family residential use in a proposed R-15 zone for
Bellabrook by J.E. Development, LLC — 300 South Locust Grove Road:
De Weerd: I will open the two public hearings on Items 9 and 10, Public Hearing RZ 07-
006 and CUP 07-005, with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Bellabrook project. It's
located at 300 South Locust Grove Road, which is south of the LDS stake center there
on Locust Grove. The applications before you tonight are a rezone and Conditional Use
Permit for a multi -family development. I guess I should state briefly this is a
reconsideration hearing, so I will be going through the whole hearing again, with a
summary of your previous hearing on this item. The project includes -- this will do -- 34
individually owned two plus bedroom condominiums or villas and those will be attached
in combination of two and four dwellings each. We may have a colored site plan that's a
little easier. All the villas will have two car garages with two additional parking spaces
available in each driveway. The proposed buildings are depicted with two and three
story elevations for each group of buildings. Usable open space is in the form of
pedestrian walkways through the center of the project and a gathering courtyard, again,
in the center. Actually, the pathways go down to the creek and through the center and,
then, the courtyard is at the center of the project. And those will create a centralized
open space and gathering area. Sony. The gathering area will include seating, shade
trees, and community artwork. Additional common area includes a buffer along Locust
Grove Road and landscaping of the eastern strip leading to Five Mile Creek area. The
gross residential density is 7.76 dwelling units per acre. This project was -- this parcel
of land was previously approved for annexation to R-8 and a preliminary plat for 20
single family houses on 20 building lots. They are now asking for the R-15 zone,
because it accommodates some multi -family development to that -- that their
condominium project falls under. They still do not exceed the eight dwelling units per
acre that would have normally been allowed in the R-8 zone. The Commission
recommended approval at their April 19th, 2007, Public Hearing. Shawn Nickel, the
applicant's representative, spoke in favor. Jerry Cunningham spoke in opposition.
Christie Jordan commented. And we received written testimony from Ronald Hodge.
Key issues of discussion by the Commission were the private streets versus public
streets within the development and the requirement of the development agreement to
incorporate the proposed site plan and elevations. The key Commission changes to
staffs recommendation were to again require that development agreement to
incorporate the proposed site plan and elevations. The outstanding issues for the City
Council prior to the previous hearing on June 5th were the requirement for the
development agreement and also the applicant had submitted a perspective view of the
proposed structures and I had shown you that previously. I can go back to that. These
are really just additional items to the record more than they were outstanding issues. At
your last hearing on June 16th -- or June 6, 2007, you did deny the project and asked
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for findings for denial. At that hearing Council expressed concerns about future
development of the parcel to the east and in response the applicant offered to provide a
stub street to the east boundary. The applicant has submitted a revised site plan and
landscape plan, dated July 15th, 2007, which depicts an extension of East Kalispell
Drive to the eastern property line, with a cross -access easement through Bellabrook.
Staff reviewed these revisions and does support -- support those as they are consistent
with the provisions of the Unified Development Code and the Comprehensive Plan.
Staff also spoke with Joe Silva, Meridian Fire Department, regarding the new stub street
shown on the site plan and he is supportive of the extension of East Kalispell Drive to
the east as shown. If the Council decides to move forward with a decision of approval
on this application, a condition should be included for the applicant to record a cross -
access easement agreement with the property owner to the east prior to application
submittal for certificate of zoning compliance for any structures within this development.
At that original hearing Council also expressed concerns about increasing traffic in the
area and the impact on the regional roadway system. Staff requested Charles Trainer
of Compass to comment on the applicant's proposal and how that project met the goals
of Communities In Motion. That letter was included in your packet and I wanted to read
just a couple paragraphs from that. In noting the project location it says it lies just one
quarter mile distance to Franklin, a corridor identified by Valley Regional Transit as a
high service level transit corridor in its regional operations capital improvement plan. It
is also less than a half mile from the rail corridor now being evaluated for future
commuter rail service and that -- and the last paragraph states: The Communities In
Motion plan approved by the Compass board on August 2006 emphasized more
compact development, a diversity of housing types, and increase in the amount of
development near services and transit routes. Bellabrook Villas appears to support
these objectives, allowing for growth without consuming farm land. These are also
goals endorsed in the Blueprint For Good Growth. Since the last hearing we have also
received letters of support from the following: Eric and Jennifer Barnett. Laura
Anderson. Ryan Retz and, again, Charles Trainer. So, we believe that the applicant is
prepared to talk about where those folks are located in relationship to this project. With
that I'll answer any questions Council and Mayor may have.
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Is the applicant here?
Nickel: Good evening, Madame Mayor and Council. Shawn Nickel, 148 North 2nd
Street, Eagle, Idaho, here tonight representing the Bellabrook Villa Subdivision
development. Thank you all so much for allowing us the opportunity for the
reconsideration of this -- this application. The issues came up at the last meeting and
they came up during the -- after the Public Hearing was closed and there was some --
some issues that were brought up that weren't addressed when the hearing was open
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that we feel would have probably helped us in demonstrating that this project does meet
all your goals and requirements for the Comprehensive Plan and for proper
development within the City of Meridian. There was three items discussed. Anna has
gone through most of them. I will try not to belabor them too much, but I think they are
important. The first one was with regards to access and as Anna has stated we have
provided -- I think the concern was, as you recall, there is two parcels to the east, one is
this flag lot located right here and there is a landlocked parcel back in this area here.
The concerns from the Council last month were -- with us having our private road
system in here and accessing Locust Grove at this location, that the only -- the only
access to these properties back here would be through this 50 foot wide flag through
probably a public road network. So, I had gotten up at the last meeting and kind of off
the cuff said that we would provide the access to the back. Well, we went ahead and
committed to that with a revised application and site plan with staff that clearly indicates
this stub street to the east, we will, through our development agreement, provide the
access easement through our project and what this does -- this allows the property back
here -- now, keep in mind that a lot of this property back here is in a flood way, flood
plane, and so it's really limited on the development. But this does allow this portion that
is developable, if they wish to continue on this concept, which would increase the
density, to come through our development and that one access point would take most of
the traffic. If they do go the route of a single family development and were to do a
public road, just because of the limitations of the property, you know, the four to eight at
the most single family houses they could get in there, could access off of that public
road and the impact with an additional access wouldn't be as extreme as if you had
higher density. So, in other words, we are going to take the burden of the higher
density through our development, if that's the way it redevelops. Unfortunately, we don't
have a crystal ball, so we don't know how it's going to develop. I think we have
provided good opportunities for whichever direction they go. And in either case the
back area would have emergency access either through our development as a
secondary access or that 50 foot strip as their emergency access. So, we wanted to
point that out. I thought that was important. At the last meeting we weren't really able
to discuss that in detail. And, then, Anna has pointed out the Compass letter that is part
of your packet. I also included it in my little packet right there, one of the comments
from -- from Mr. Trainer does indicate that access onto Locust Grove presents an issue,
especially when the pending completion of the overpass will certainly add traffic to the
street. I understand the developer agreed to a joint access that would provide for
adjacent parcels to develop without creating yet another intersection, which is an
excellent strategy to preserve arterial capacity, so they do recognize that if we do -- if
that probably does develop at a higher density we will have that within our access point.
The second issue was regarding the density and the compatibility and if you look at that
-- packet that I handed out, I have got a map -- a colored map -- if Anna could put that
on the overhead. That first map. Thank you. I have pointed out -- this is a unique
mixed use area in and of itself, considering the Locust Grove corridor, which is going to
be a corridor as soon as that overpass comes into play and, then, the Franklin Road
corridor. The existing single family residential, along with the industrial that you find on
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the north side of Franklin Road, the mixed use that is surrounding and including our
property, a mixed use Comp Plan designation. There is a church to the north. Across
the street there was discussion on those parcels being -- or those being kind of pushed
out of development. I want to point out that those are comp planned as mixed use
development. There is certainly a -- currently for sale right across the street. One has
an existing L -O zone and the other, again, Comp Plan for multi -- multi use. And, then,
there is some industrial behind those. Of course, you have got the police station, on the
Comp Plan is public. You have got the commercial all up and down Water Tower. A
public designation up in this area. The R-40 apartment complex here and also over
here and, then, there is some areas located in here, although it's owned by ACHD, that
is currently zoned R-40. In addition to all the other -- all the other commercial and office
uses in this -- in this immediate area and, of course, the hospital and all the uses
associated with that out onto Eagle Road. So, you have got quite a mixture of uses.
And so what we are — you know, what we are intending to do is to increase those --
mixed uses with a well thought out, high quality, multi -family development that you don't
usually see -- or you haven't seen, I don't believe, in this city, that is owner occupied,
that's the intent, and you have seen the elevations that I provided and they are very
unique looking and I think it's going to be a very -- very nice asset to the city if approved
this evening. But compatibility and density did come up that last discussion and I
thought it was important that we -- that we are -- were able to re -address that. In
addition -- Anna, can you show the next slide, which is the next page of your packet.
Again, this is a little closer up, but showing the -- again, showing the use. This is our
project site right here. Again, we are asking for 7.76 dwelling units per acre. And just
as a comparison on the compatibility, the Woodbridge development, which was done as
a planned unit development, in the area immediately adjacent to our project, the density
of phase one is 5.9 dwelling units per acre. So, to compare that with our density, we
are actually only six units more with our area than that phase of Woodbridge. So, what
we are saying is compatibility with the surrounding residential, I believe we have -- we
definitely meet that. And, then, to reiterate what Compass said in their letter and Anna
read, their emphasis -- they recognize the emphasis and the compact development, the
diversity in the housing type, increasing development near services and transit routes.
Growth within -- growth without consumption of the farm land and meeting the goals
endorsed by the Blueprint For Good Growth. Those are all qualities within this
development that I believe were not presented at the last meeting that is really
important when we are trying to -- trying to add to -- add to the city this type of project.
And, finally, the third issue was the traffic and the transportation and one of the
problems at the last meeting that we discovered was there was an inaccuracy with the
ACHD report -- the written report. Their staff did get up and talked a little bit at the last
meeting, but the staff report, that we didn't figure out until afterwards, was taken from
the old -- from the old original application and so it indicated that Locust Grove was a
three lane road and, in essence, it is a five lane roadway. So, they did provide a letter,
which I believe you have in your packets, updating that information. But it's important to
point out -- important to point out that ACHD is estimating that our generated -- our
generated traffic will be 238 vehicle trips per day. The original application for the R-8
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development was 200 trips per day. So, we are -- that's only increasing that vehicle
trips per day by 38 trips. So, I thought that was important to point out as well. And,
then, in the Compass letter they speak about being a quarter mile from Franklin Road,
that Valley Regional Transit showed that as a high service transit corridor and within a
half a mile from that rail corridor that they are studying at this point. Again, we believe
that the confusion, lack of better information, and a better understanding of this area
that we are trying to develop in relationship to the access, traffic, compatibility, has led
us to ask you for this reconsideration this evening. Our intent, again, is to provide a
unique project of the type of residential living that is lacking in this area. In order to
accomplish this we do have to ask for a rezone to the R-15 -- R-12 -- is it R-12? R-15.
Sorry. R-15 zoning designation. However, to point out again, we are not exceeding R-8
density and we are only asking for that higher density so we can accommodate that —
this type of condominium living. So, with that I thank you for your time. Hopefully, I
have addressed some concerns that you had at the last meeting that were not
addressed and I will stand for questions.
De Weerd: Shawn, once that private drive is vacated, what happens to that road?
Once -- once it develops in the back.
Canning: It's going to take a second.
Nickel: Is this what you're referring to, what happens to this strip?
De Weerd: Yeah. Uh-huh.
Nickel: Again, it gives them the opportunity, if they were going to just stick with single
family, to provide a public access back there. More than likely, because they are comp
planned as mixed use, they could follow with what -- the type of development we are
doing, in which case I think -- and I don't -- I hate to put Joe Silva on the spot, but I
believe that it would need secondary access in there for emergencies, so I would
imagine that would be a perfect location for an emergency access. If not there, then, if
that was their public road for their single family, then, their emergency access could
come through our -- our private road or private street.
De Weerd: I guess when we discussed it earlier you talked about vacating it and putting
it into a green open space, but -- because we wouldn't want both of those road
accesses onto Locust Grove. That was the concern.
Nickel: Well -- and the problem, Madam Mayor, is that we don't own that property and
so we can't -- I don't think we can dictate what that property owner can do with his
property. What we are trying to provide is as many options as possible for the
redevelopment of that and I think that's why by providing that -- that access easement
and committing to taking that traffic, that we have accomplished that. But it also gives
them the ability, if they do want a public street, again, because of the limited amount of
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space that they would have and, to be honest with you, the price that they are asking for
that property, I don't know if anyone's going to go in there and really do a single family
development and make it pencil out. So, it would make sense to access it through --
through our project. And that's what we are -- again, with that crystal ball that's what we
are trying to give them as many options as possible.
De Weerd: Any questions, Council?
Bird: I have none.
De Weerd: Okay.
Nickel: Thank you.
De Weerd: Thank you. This is a Public Hearing. Is there anyone in the audience who
would like to provide testimony on this application?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would ask a clarification of our legal counsel for the record. I'm song, I
didn't mean to cut you off. The applicant a couple times has called this a
reconsideration, which, in fact, has a meaning and I guess my question is is this a
reconsideration or have we already bridged that and this is a noticed Public Hearing?
Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, this -- I think
he's using it more in the lay person's context, since we have had a hearing previously,
but this is a new hearing. It's been noticed. This is a Public Hearing. It's all new
information and additional information. But it's not -- it's not a reconsideration hearing,
it's simply a new hearing.
Zaremba: Thank you.
Nary: I don't know if that answers your question.
Zaremba: Just wanted to clarify that for the record.
Erickson: Hi, there. Ross Erickson. 1854 E. Lanark here in Meridian. Madam Mayor,
Members of the Council, I just wanted to touch on a few things that Shawn didn't talk
about in his presentation just real quickly. I wanted to talk about the previous
application that was submitted back in April '06 and, then, also a little bit about the site
and the buildings and kind of how they fit to the area and what we have incorporated
into the buildings and site to make it a really nice project. Back in April of '06 we
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July 24, 2007
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actually purchased this property and started the application shortly thereafter. We went
through the entitlement process, prepared our construction drawings, and in a period of
time where the market took some pretty significant changes we went through, looked at
numbers, put a lot into it, and found that our project was upside down on paper before
we even got started. So, basically, what we ended up having to do is go back and do
additional market research to try to figure out what was actually occurring with the
market and what we found is that there was a -- there was a significant amount of R-4
and R-8 housing in the Meridian area, but we also found that there was a gap between
that housing and, then, the rental market in Meridian. There wasn't really anything in
between. So, we came up with the concept for condominiums and presented to staff,
we worked through several iterations of the design and different configurations, building
layouts, different architecture, we worked with the neighbors and kind of honed the
design to where it is before you now and to come up with what we feel is a really really
good project in an area that, you know, is -- has a lot of professional services, retail,
pretty much everything around it. It's close to a transportation corridor. Unfortunately,
there is not a mechanism in the city's code to do condominiums. We have to go through
an R-15 zoning designation at a minimum and do the Conditional Use Permit for
multi -family in order to do our condo projects, so we can condo plot it. I kind of feel like
it puts a stigma, because there is a lot of multi -family projects that you see that aren't
refined, they are not done quite as neatly and they are not maintained to a level that this
project is intended to be. So, our project is significantly different than the other multi-
family projects you have seen in the area and some of the differences are that we are
trying to appeal to a buyer, we are not trying to appeal to a renter. So, there is a lot
more detail put into our building, there is a lot more high quality materials being used
with construction. Some of the -- some of the things that we have incorporated into the
building designs are — we have got private individual entrances, rather than like a
confluence of entrances where there is like five doors or four doors where people go to
their individual units, they are actually individual, so that people can get that feeling of
an individual residence. The architecture, we have massed the buildings such that they
will blend in well with the area. We have got a lot of relief on the building elevations that
will create some interest in the street. We are planning on using various siding types.
We have got lap, some shake, and some board and bat that we are going to mix up on
the elevations to really kind of create some -- some differentiation on the elevations.
We have got architectural gable treatments that you don't see on multi -family houses
and open trusts, some things like that. So, we are not trying to cheapskate these
buildings in any way. Again, we are trying to appeal to a buyer, so we need to create a
sustainable product that will be marketable. We have also got -- we chose to paint the
units different colors to kind of break it up a little bit and kind of differentiate ownership.
Each one of the body colors will have, essentially, different shades of those colors on
each unit to give more depth to it and relief. So, the pictures probably don't do that
much justice, but that's what we are intending to do. We have also got some
architectural stone that will be on every one of the units. Individual driveways and
attached garages, as opposed to covered or like a central parking area, again, to try to
get -- get in touch with that residential feel to where someone could pull in their
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driveway and they don't have to worry about somebody else pulling in their driveway, so
they have reserve space. As far as parking goes, we have got double the required
parking for a multi -family project. That's excluding the on -street parking. So, we have
got just a ton of parking on this project. So, parking shouldn't be an issue. As well as
the open space. I think we have three times the amount of open space that's required
for a project like this. Our units -- for the most part our units range in size from about
1,500 to 1,800 square feet. We have got two units that are a little bit larger. Each of the
units is three bedrooms, two and a half bath. One of the bedrooms is design to -- the
architecture is designed so that you can actually remove a wall, if that's in the interest of
the buyer, so that you can create a flex space, like a bonus room type concept. We
have got some good letters with input and support from the neighbors and from
Compass, so it seems like we haven't had a lot of opposition with the project. Everyone
thinks -- I would suspect, just by the showing, that we have done a decent job with it. I
think with that I will stand for any questions and ask for your approval tonight.
De Weerd: Thank you. Council? Thank you. Any further testimony by the public?
Your time's up. If you would, please, state your name and address for the record.
Smith: Good evening, Mayor de Weerd, Council Members. My name is Deanna Smith.
I reside at 1208 East Jefferson, Boise, Idaho. And I'm here tonight to encourage you to
consider this application from a Blueprint For Good Growth's perspective. As a member
of the Blueprint For Good Growth steering committee, I believe it is important for all the
communities in this county to really look carefully at applications from this perspective
and to consider strongly those that adhere well to the policies of that plan. I believe this
one does a good job of adhering to Blueprint For Good Growth policies. It's my
understanding that one of the greatest concerns in front of you that I have heard is that
the density of this project is fairly -- of fairly significant and greater density than what
currently is zoned or around it, but I wanted to encourage you to think about density
from a perspective of form, function, and location. Location, from a perspective
location, if I have this on the map right -- and I believe I do -- this particular location sits
quite close -- not quite within the quarter mile, but certainly within the half mile to future
high density corridor, that being the rail corridor. I know we don't have that developed
today, but one of the things that Blueprint For Good Growth calls for is to strongly
consider transit ready development. I think you're looking at such development in this
application. As far as function goes, it's not the density that creates compatibility, but
whether it really fits and belongs. You have a location where this piece of ground, this
application would provide some ability for its residents and surrounding residents to
create a few of their trips as walkable trips. You would have small commercial inside of
it that might provide a few jobs. Also could provide some services and reduce car trips.
That is very much something that Blueprint For Good Growth strives for. And, then, the
final is form and I think this application does an admirable job of fitting in very nicely with
its design to the adjacent single family residents. You have multi -family units that really
from -- for all practical purposes look very much like homes. A few of them less so than
others, but many -- the majority of them look like houses. They are large houses, but
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they look like houses. So, you have got form, function, and location and I think that's
really how we need to look at density, if we are going to be able to adhere to Blueprint
For Good Growth, which calls for us to begin trying to develop our land use patterns in
such a way that we can reduce vehicle miles traveled, improve our air quality, and
support transit. I just wanted to mention I'm speaking tonight as a member of the
Blueprint steering committee and wanted you to think about it from that perspective.
Thank you very much.
De Weerd: Thank you. Any further testimony? Shawn, do you have any concluding
remarks? No? Council, any questions?
Borton: Madam Mayor, I have a question for Mr. Silva that Shawn might want to
comment on. When there is a discussion about emergency access for future
development, is it an option -- I don't know if this landscape plan shows it well enough.
Is there an option to have emergency access through -- and I'm just throwing out an
idea here -- through the parking lot and across this common area? Is that -- is it
feasible? I mean can you utilize that parking area that provides some emergency
access? Because I think I share what sounds like the Mayor's concerned with -- what
this might eventually become and since it all sort of ties into some of our discussion, I'm
curious what your thoughts are.
Silva: Mayor, Members of the Council, Councilman Borton, typically it does not go
through a parking lot. Most typically it's a dedicated easement. It's the way we handle
those secondary means of access and it's always for -- there is different requirements
depending on the individual project that's proposed, whether or not it's square footage,
the height of the building, or number of homes served, will influence the need for a
secondary or a third access point to a project. So, most typically it is not -- it does not
go through a parking lot.
Borton: Okay.
De Weerd: Any further questions, Council?
Bird: I have none.
De Weerd: Shawn, did you have any further comments?
Nickel: Thank you, Madam Mayor. I guess to address that, because it sounds like
there is still a concern about this -- about this property to the east. And, again, without -
- without knowing -- without having the ability to predict, you know, how -- how things
are going to develop that are out of your control, the best we can do is give -- give as
many options as possible. This one, unfortunately, because of the separation in grade
from the LDS church to our property wouldn't work, even if -- even if we could get an
access through there. I think this is the most appropriate location. Also I want to point
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out, as stated in ACHD's report, that this -- this offset does meet their policy and I know
that's -- it's not the -- it's not the way we want to see it and I don't a I'm hoping that it
doesn't develop that way, but, again, keep in mind that as testified by my developer,
who, you know, paid for the property and, then, couldn't do a single family development,
the chances of this going single family would be the only reason that you would need
this access here, because it would most likely need a public road system. But once you
build a public road with a 50 foot right of way, take into consideration all the flood way
and the constraints of the property, I really don't think it's a practical piece of property for
single family, that's why we thought it was so important to provide that access here,
because if it did go to a full family development, then, it could access -- their private
street system could continue off of our private street system and, then, this would
provide an emergency only access, which I believe that the fire department would want
to see being this far away from Locust Grove. So, I -- again, I wish I was a -- I wish I
was a mind reader and a swami to see how things were going to develop, but I think we
have done a good job of trying to -- trying to allay those concerns. At least I hope we
have. Any other questions for me?
De Weerd: You do plan on signing that private road that it will go through?
Nickel: Yes, we will. Even though it's not a requirement of ACHD, we would agree to a
condition of approval for that, since it's not a public road, there is no condition currently,
but we would agree to that as a condition.
De Weerd: Well, I think that's mandatory, because I do think that the city needs to be
pretty vocal in its -- if that property does redevelop in the back and if this is approved,
that that access will be discouraged in the form that we can. Thank you.
Nickel: Thank you.
De Weerd: Council, if there is no further information needed, I would entertain a motion
to close.
Zaremba: Madam Mayor?
De Weerd: Unless you want discussion. Mr. Zaremba.
Zaremba: I will make a short discussion and, then, proceed. I would like to say that I
very much appreciate the input from Blueprint For Good Growth and from Compass. As
the valley moves forward in trying to incorporate these principals for all cities, not just
ours, I, actually, think it would be helpful to have that be part of the analysis of all future
projects is some -- some comparison to Blueprint For Good Growth, whether or not we
send that out for comment from Compass or develop that analysis in-house is not
important to me, but it would be a nice paragraph to add to either future staff comments
or other agency comments, because I think we do need to be aware of how projects --
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Meridian has supported the Blueprint For Good Growth and part of our support would
be have their input. So, with that comment I would move that the Public Hearing on
Items 9 and 10 be closed.
De Weerd: I have a motion to close the Public Hearing on Items 9 and 10. Do I have a
second?
Borton: I will second.
De Weerd: I have a second. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I almost cut Councilman Zaremba off to get some of my remarks out before the
Public Hearing was closed. I know Shawn and Ross probably are waiting to hear back.
I think we had some confusion and I probably created it in making comments after the
hearing was closed and although the Public Hearing is closed, I will -- my laundry list of
complaints are zero. I applaud you both from my perspective. It's frustrating as ever,
I'm sure, to have something, you know, denied, reconsidered, come back and delayed
and if there is an opportunity to address it on the front end, I know that's desired and I'm
sensitive to the cost and delay. What I see and what you each told me -- in particular,
Ross, I appreciate your remarks about a little more of the history of this project and
some of the dilemmas that you were faced with. I had a concern before when -- and
anytime we approve an annexation and we are approving item A and, then, later on we
are asked to approve B, that might have had an impact on whether or not it made sense
for the City of Meridian to bring that in. That was one of the concerns the led to the
denial, at least in my eyes, and by no means do I think that there was any bait and
switch going on, but your background provided some additional information which
makes me more comfortable with it, coupled with the fact that the detail and the quality
of the product that you're providing, make me feel more comfortable with it and the
access issue to the east makes me feel a lot more comfortable with it. We all wish we
were swamis or however Shawn phrased it on how this property to the east might
develop and the emergency access issues. I hope you're right, it makes sense as you
describe it, what will pencil out there. I trust you would know better than I what would
work. But what you provide it seems to be the best -- the best product for this area. I
understand it's -- it was -- I believe mixed use community on the Comp Plan and kind of
had this idea initially, but a long story short, I'm supportive of the project and
appreciative of the changes and the patience that the applicants have shown in trying to
meet some of our concerns.
Meridian City Council
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De Weerd: Thank you. Any other comment? Do I have a motion?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we approve RZ 07-006 and CUP 07-005, both relating to
Bellabrook, to include all staff comments and, specifically, that the applicant shall record
a cross -access agreement for the property owner to the east prior to application
submittal for a CZC and one additional addition to the staff comments that the applicant
be required to post a sign at the east end of the private drive where it meets the
property line of the property to the east, stating that that road will be extended in the
future. End of motion.
Borton: Second.
De Weerd: I have a motion and a second to approve Items 9 and 10 with the conditions
as stated. Any further comment? Mr. Berg.
Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 11: Public Hearing: MI 07-009 Request for a Miscellaneous application to
Modify the existing Development Agreement to amend the concept plan
for the site for Dorado Subdivision by Winston Moore — NWC of Eagle
Road and Overland Road:
De Weerd: Thank you. Item 11 is a Public Hearing on MI 07-009. 1 will open this
Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Dorado project. It's
located on the northwest comer of Eagle and Overland. The applications before you
tonight are a development agreement modification and alternative compliance and I'm
going to give a -- kind of quick rundown on the history and a little bit of staff concerns
about this project. In August 2005 City Council approved a request for annexation and
zoning to C -G. The concept plan approved for the site had two small retail buildings,
approximately 2,800 square feet each, to be located on the lots at the southwest comer
of the property. The buildings front Overland Road, an entryway corridor, with parking
provided to the rear of the buildings. The applicant now seeks to combine the two
buildings into one larger structure, which is about 11,000 square feet, and to have that
structure back up to the existing residential property to the north. Therefore, the
applicant requests modification of the concept plan to construct one large retail building
with alternative compliance to allow the parking adjacent to Overland Road, not behind
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the buildings, as required by the Unified Development Code. As part of the annexation
approval City Council required detailed conditional use approval for all structures
adjacent to the county residential subdivision to the west. So, this would be one of
those -- or two of those properties subject to that condition. The reason for this
requirement was because not only is the property located adjacent to a residential
district, that's also a highly visible intersection and an entryway corridor and the
applicant did gain approval of a reduced land use buffer between two uses, because it
was anticipated that that residential property may go away at some point in the future.
So, they don't have the full land use buffer. Staff believes that the applicant's request
for modification to the development agreement to construct a single structure is
justifiable. However, staff has not supported relocating the parking. This was a subject
of discussion during those original hearings and continued to be a concern. Staff
received testimony from the residential neighbor immediately to the north, which
requests the parking layout as depicted on the approved concept plan, remain
unchanged. The neighbor states that by locating the parking to the rear of the buildings
it softens the impact and appropriately transitions the commercial use to residential.
Further, Council committed through the existing development agreement that the city
should protect the adjacent residential properties via landscape buffers and other
provisions. Staff believes that this is additional support for maintaining the parking as
depicted on the approved concept plan. We do have elevations of the proposed
structure. I thought we did. Apparently they are not in my slides. I apologize. Must
have been looking at the staff report. Staffs recommendation is to allow the
combination of the two structures into a single structure, but deny the request to
relocate the parking. Staff finds that the applicant can, in fact, fully comply with the
city's parking standards for structures located on an entryway corridor, as illustrated in
the concept plan, or in these drawings. There we go. Staff finds that the applicant has
not proposed an alternative which provides a superior means for meeting the city's
design standards. We have received written testimony in opposition to relocating the
buildings. Those are from the Overland Way Homeowners Association, President Ron
Van Auker, from Brad Miller for Van Auker Properties, and Bill and Liz Teriff. Hoping I
got that somewhere right. The outstanding issues for City Council -- this project -- and
this is just kind of a question of you all, but this project we are also requiring Conditional
Use Permit. In discussing how to appropriately process the project, the question arose
as to whether Mr. Seel should seek Council's approval for the development agreement
modification first or go through and get the conditional use approval for the -- from the
Planning and Zoning Commission and, then, bring the development agreement
modification to Council. So, in the interest of getting Mr. Seel one answer a little more
quickly than it -- we are able to get to you a little faster than we are able to get to the
Planning and Zoning, so we decided to do it this route, but if you have a preference for
other applications in the future if you could let me know I would appreciate it, because I
really didn't know if you would have a preference, so -- with that I will answer any
questions you may have.
Bird: Madam Mayor?
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De Weerd: Mr. Bird.
Bird: Anna, go back to your first thing and show me where -- what you consider the
entry corridor.
Canning: Overland Road is all an entryway corridor.
Bird: Go back there and show me east and west. Go back one, two, kid.
Canning: Here?
Bird: Now, show me where you -- take your pointer and show me where an entry is.
Canning: As shown on the Comprehensive Plan, the second -- the entryway corridor
comes down -- it, actually, follows the interstate, comes down, and, then, goes both
ways on Overland Road.
Bird: It goes both ways.
Canning: Yes.
Bird: And in the entry corridor, UDC does not allow parking in the front?
Canning: It only allows up to 70 percent of the parking in the front.
Bird: Thank you.
De Weerd: Any other questions?
Bird: Not at this time.
De Weerd: I guess, Anna, in EI Dorado across the street isn't there buildings that have
parking in front of them?
Canning: Madam Mayor, Members of the Council, most of those buildings along
Overland Road in EI Dorado were approved prior to the Unified Development Code.
De Weerd: Okay.
Bird: But there is some over in Silverstone that was just done within the last year that's
got the parking in front of them.
Canning: You can have up to 70 percent of the parking --
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Bird: I didn't go around back and see if they had a back.
Canning: Yeah.
De Weerd: That explains it.
Canning: Thank you.
De Weerd: Any further questions from Council?
Zaremba: Not at this time.
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Seel: Anna, do you have some other slides? I had five slides, so -- I talked to Barbara
about that. She told me she had.
Canning: These are the -- just the three slides I have.
Seel: There was two others that I sent to her and they had -- she had confirmed with
me that she had received them and they were in the presentation. Jonathan Seel, W.H.
Moore Company. 1940 Bonito.
Canning: I may have them in a separate file. Let me check, Jonathan.
Seel: Okay.
De Weerd: Jonathan, can I ask you to maybe put that up on the easel?
Seel: Sure. Sorry for the delay. Good evening, Madam Mayor, Council Members.
Jonathan Seel, W.H. Moore Company, 1940 Bonito, Meridian. To give you a little bit of
history, if we can go back to the concept plan first, Anna that we originally had.
Canning: Jonathan, I can't switch back and forth between that presentation and your
overheads. Do you have an overhead of the concept plan, otherwise, I have to switch
the computer back.
Seel: No. No, I don't have one of those. I didn't think it was necessary. About
everything else, but -- well, let me -- we will just move on, because I don't want to delay
it.
Canning: Here you go.
Seel: Anyway, again, as Anna said, give you a little bit of history. We originally
submitted this concept plan back in 2005. We showed these two buildings here. At the
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time, because of the narrowness of this lot, we realized some of our constraints and we
thought that this would probably be our best design. And like any kind of concept plan
you try to anticipate and hope for the best. What we realized over the last year is that
our thinking was, quite frankly, flawed on this design. We found two problems that we
had. Number one, two small buildings like this are so -- so prohibitively expensive to
construct today -- and I know from a city standpoint typically you don't talk about
expense, but I think it's critical, because you don't want to build something and have it
sit there vacant. That -- we couldn't do it. In fact, these two buildings right here we did
ground leases on, because we could not justify buildings themselves. How they did it
we don't know. So, we found out that it was so costly that the rent would be so
prohibitive and there is no way you would attract tenants for these buildings. The
second thing, then, we started to look at is, okay, let's go ahead and make this one
single larger building, which, of course, the economics of scale, then, make it more
justifiable. But what we, then, found with it is if we wanted to -- as Councilman Bird
asked -- because of the view corridor here and what we were faced with and because of
the narrowness of this lot, your choices are either basically A or B. You either put the
building up front like this, which you saw the other one, or you put it back here. In
designing it here with comments we got from most of our -- most of the tenants out
there was, you know, we like the location, but it's critical that we have our frontage along
Overland Road and we have the parking there. Well, the only way we could do it was to
construct a building back here, with the parking up here. Anna, if you can flip to the
concept -- or plan with the building in the back. There is the one in the front. Yeah. So,
what we did is we started to look at this design with the parking in the back here -- or
the parking in the front, the building in the back. So, what we are asking tonight is to go
ahead and approve this building with it bordering, essentially, the north property and, of
course, I realize there is existing residential and I'll get to that. Now, the other thing we
asked -- we were asked for is alternative compliance. We had a couple different
approaches that we could utilize, because, in fact, we are faced with parking here. We
don't have the option. We can't put this building in the middle and put some of the
parking in the back, parking in the front. Again, we either go option A or option B. So,
what we did is -- in talking with Anna is we looked at alternative compliance. Do you
have that map there, Anna that shows all the buildings on Overland?
Canning: Just a second.
Seel: If you look at this again, this is our subject property. This is Tulley's, which is
currently under construction. This is Qudovis, which will be starting here next month.
and this is Sterling Bank, which is, of course, you're probably aware is open. If you had
the parking for this, including what's front here, Eagle Road, this parking, this parking,
add the total parking out front of here, you have approximately 50 percent of your
parking in front of the building, 50 percent of it either back or behind. As Anna
mentioned, under the design review, we are required to have no more than 70 percent.
So, I felt in my compliance letter, that we have honored the spirit of the design review
and have only -- in an aggregate amount, only 70 percent of the parking -- or 50 percent
Meridian City Council
July 24, 2007
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of the parking up here. Because, again, we are faced with the dilemma do we put the
building here, do we put the building there. So, I guess my request tonight is that, one,
is that you do approve this building back here, you allow us to put the parking up here
under alternative compliance, because you recognize the situation we are in and the
fact that we do have -- I think we do, in an aggregate amount, honor the desire of the
city under the UDC to have no more than 70 percent of their parking area. Now, staff
had put in the report in their -- and I think they were trying to help out -- that what they
would approve is one large building up here. I guess respectfully I asked is if you don't
approve the location of the building to the back with the alternative compliance, don't
approve anything. I don't really see where that does us any good and I question -- and I
don't want to get into it tonight, whether or not we have to modify the development
agreement here when we didn't have to modify the development agreement when we
showed two buildings here. But I just simply ask that either you approve it as requested
or you don't approve anything for us. Moving on. I guess the other thing -- and I want
to mainly address -- can we go to the aerial, please, the wider one. Okay. Which way
are we here? There we go. Okay. This is -- this is Grandview Station and this is the
residential Loder. This is, of course, EI Dorado, Silverstone. This is a project that's just
recently under development. Ron Van Auker owns this. And, of course, the Majestic
Theater. As I'm well aware tonight -- and the people from Loder Street are here and I
know them all pretty well at this point. You have got some letters of opposition on
residential and it's always interesting when you have a commercial development
bordering up to residential, because it's one of the -- one of the things that you often get
in is that we ran into when we did EI Dorado down here with Thousand Springs, which is
below, is you get the homeowner that comes in here, he stands up here, he says,
Madam Mayor, Council Members, my name is John Smith, I live at 555 Pleasant Street,
my home is bordering this residential, I bought this home 20 years ago, I though it would
always be open area, I love the tranquility, and now there is a commercial development
coming in and you are going to affect the value of my property. We have heard it. And
it's a tough situation. So, I guess the question, then, becomes is, well, Mr. Seel, why is
this any different? You have got residential right here. Why is this any different?
You're bordering it. Well, I think it is different. I think if you begin to look -- there is a
couple -- that aerial backup, please. You don't have to put this up yet. Okay. If you
look at this aerial, I think if -- you're familiar, I know, with the Comprehensive Plan. This
whole area, including here, down here, this residential here, is all -- all in the
Comprehensive Plan intended for mixed use regional. Okay. I think that's significant.
Also is I think as you look at your map -- and if you want I'd rather talk about it and
reference this. If you will notice here, Mr. Van Auker owns this property right here, this
property, this property, and this property right here. Mr. Moore owns this. There is eight
homes within this subdivision, of which five are owned by developers. Now, I could be
wrong and I will stand to be corrected, but I don't think Ron Van Auker, when he owns
this land over here, had any need for rental income. I think he clearly saw that with this
being developed some day he's going to do it, I think that he's going to come in here,
remove these homes and this is going to become part of -- I think these are commercial,
they are industrial development. I think -- I don't think that that's in dispute. Now, again,
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he may have changed his approach, but I think that's it. Mr. Moore didn't buy this home
because he needs rental income, he recognized the same thing. So, I think what you're
seeing here -- I guess my point is what's the difference between this and Thousand
Springs Subdivision? This is clearly a residential subdivision in transition. In fact, if I
can -- and I'll look back to this. Going back in the minutes when we did the hearing
back on August 16th of 2005 -- and I hope I'm not going to embarrass you, Anna, but as
you said in there in your introduction: These are currently residential uses, although this
is very much all a transitional neighborhood in a residential area. If you go back to Mr.
Sasser, who is here tonight, and I know he will be speaking, he said -- and I will quote
again: So that basically what we are asking for, at least at this point in time. Period.
Maybe a year or one day -- dot dot -- or two down the road, the subdivision is going to
go away. Now, obviously, he says: But at least now it's residential and we are going to
live here. The point is Mr. Sasser -- and I mean this in a respectful way, but as far as I
know, he no longer lives in that house and hasn't for awhile. In fact, he lives over on
Stardust. I believe his son has been living in that. At one point he, actually, had it
rented out as a business. I guess my point is -- and this is difficult for me, because the
people sitting back here, I have had a good relationship with, so I really don't like having
to butt heads with them. This is not particularly enjoyable. But I think the point is here
that I'm trying to say to the Mayor and to the Council that this is clearly a residential in
transition. If you look at Thousand Springs Subdivision or some of the others, okay,
they are going to be a subdivision today, they are going to be a subdivision tomorrow,
they are going to be subdivision as long as we are on this earth and probably beyond
that. This is different. Okay. This is going to be commercial. I mean that's guaranteed.
It's not if, it's when. And so what we are really asking is we are in a situation where in
order for Winston Moore to build a quality project such as that in there, what he needs is
for the Council to approve moving the building to the back with the parking up front. I
would think, from my own personal perspective -- and, again, I know Mr. Sasser would
disagree with me -- I would much rather have that building in the back and acting as a
buffer, versus having potentially lights shining on my backyard. And we heard that in EI
Dorado all the time, the glare and what have you. So, again, that's his opinion and I
respect it. That, unfortunately, is not mine. But, you know, that's the way it is. So,
again, I think in summarizing this, what we are simply asking for is that you approve the
building back here, that you approve the alternative compliance, that you recognize that
this is a residential development in transition and when you're weighing the factors, they
are different than it is with your typical subdivision. And with that I will answer any
questions.
De Weerd: Thank you. Council, any questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
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C7
Borton: Just one question. With regards to your comment about the parking in front
and behind and the development --
Seel: Yes.
Borton: -- as a whole, how do you reconcile that argument with the specific language in
the UDC that talks about -- and I'm quoting -- no more than 70 percent of the off-street
parking shall be located between the front facade of a structure and the adjacent street.
It seems to make reference to an individual structure, as opposed to the entire
development.
Seel: Madam Mayor, Council Member, I agree with that language. In fact, Anna and I -
- and, again, I hope I'm not putting you on the spot, Anna, but we had talked about that.
I think what I'm saying here is that if -- if we can do it this way, if you look at it in the
aggregate -- if we can go back to that one with all the buildings. Oh, that one. Okay.
All right. Hold on.
De Weerd: That has a lot of buildings.
Seel: Well, that's okay, I think I can address it. My point is when you look at Sterling
Bank, when you look at the aggregate along Overland Road, I think, then, we are
honoring it. The thing to keep in mind, too -- and I think as Councilman Bird asked --
you know, you have to keep in mind that as a retailer in that comer we have to compete
with the retailers further west. We have to compete with the retailers on front of
Majestic. So, when they come in and we say, you know, what, sorry, either got to -- you
know, you got to have it back here, guess where they go, they go down there. We have
to compete with them. We are in a real disadvantage. So, what I'm trying to do to is
say overall I think we are honoring that. I think we have really tried as much as possible
to put the parking on the sides. If you look at Taco Bell, it's the same way on Eagle
Road, and I think we will do that. So, I hope that answers your question.
De Weerd: Mr. Zaremba.
Zaremba: Madam Mayor. Yes. While you're here I will discuss a little bit of my
recollection of the Planning and Zoning Commission hearings on this, which were
extensive and lengthy. My recollection is that we agreed with the assessment that you
made that -- what residential is there is in transition and will be some day put to some
other use. Anna, can you do the concept plan. Or something similar to it? That's good
enough. That's fine. And at the time the discussions were that even though the long
future -- and the obvious long future is that this will change to being very similar to the
property that you're developing right next to it, the discussion is how would they have
access -- and what we -- what a lot of the discussion is how cross -access would
happen. One of the reasons that the Planning and Zoning Commission supported
making the buffer between your property and the current residential properties five feet,
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Meridian City Council
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instead of the required 15 or 20, 1
those properties redevelop it would
between your properties and those
very difficult for you and very diffi
couldn't put all that much into a
property.
Seel: That's correct.
is
forget which, was the thought that eventually when
be appropriate to punch through and cross -access
This little piece we spent a lot of time on. It was
cult for us. Part of your discussion was you really
I
andscape buffer there and have any developable
Zaremba: The solution to that to me was -- and this is even before the UDC said
anything about whether buildings were forward or parking was forward. The solution to
that was specifically having the building be forward and having the parking behind it,
having nothing to do with the UDC, because it hadn't come into effect there, but to get
the building farther away from what is currently residence and for the future thought of
that landscape buffer may even go away at some time or parts of it may be punched
through and that parking being in the back of it is important for the cross -access and I
believe there was another spot up here where we asked for the same thing. So, I --
that's the way I remember the discussion going on at the Planning and Zoning
Commission about why the parking ended up in the back, even though the UDC hadn't
even been envisioned at that point. I still support that theory and I -- I will have to say I
want to hear the other testimony, but I'm leaning towards agreeing with the staff, I don't
really care whether that's one building or two, if it makes more sense to you to have it
be one building, that's fine. But I hesitate at your strong story that -- your strong
statement that if we can't put the building in the back we shouldn't approve anything.
I'm leaning towards what the staff has asked for is allowing it to be your choice of one
building or two, but I'm strongly in favor of keeping the parking in the back for reasons
other than the UDC that were discussed previously. That's not really a question, but --
Seel: Well, if I can --
Zaremba: Yeah. Please discuss.
Seel: Councilman Zaremba. You are correct, we did talk about access. We did talk
about access I recall and I -- you know, sometimes my memory can be a little bit off, but
I think I recall, particularly along here, we can't -- the difficult thing that I think we
struggle with at the time is we don't -- we do not own this. You know, at one time I
believe Winston Moore approached Mr. Jim Boyd and Mr. Sasser, and we have also
made -- have approached Mr. Urus about selling their properties and they chose not to
and they are, obviously, entitled to that. We could, if we had to -- and depending on
what developed here -- and I think that's a wild card -- you could potentially put an
access point here. It does lend itself to that. Again, the other reality here is you may
very well have a development here that does not want to have access to it and that's
always the unknown. I mean this -- this may turn out to be an office building, for
example, or something there and maybe for whatever reason they don't. We have
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encountered tenants that say, you know what, we don't want access to the lots around
us, we want our own secure parking. So, I think that's a difficult -- you know, that's a
difficult thing to know without having that crystal ball and, unfortunately, I don't have
that. So, could it be done? Yes, it could be done. You know, you could -- well, you
could potentially have access here, but that's not going to do you any good. What I'm
saying is right now is that -- and I don't want to misinterpret -- if Council decides not to
approve this back here, I'm just asking that you don't approve anything. I mean that in a
respectful way. I'm not -- I don't see any advantage to it. I don't see it benefits Mr. Nary
to take the time to modify the development agreement for us to go through it. So, I was
thinking of Mr. Nary's time, so -- so, that's what I meant. So, I don't mean it in a mean
way, so -- but that can't be done. Again, it's just the unknown of what's going to happen
here and when and we don't know. But it could be potentially done. But you're
absolutely right, we did talk about it, I did review the minutes beforehand, it was
discussed.
Canning: Thank you.
De Weerd: Any further questions from Council at this point? Thank you.
Seel: Thank you.
De Weerd: I did have one person signed up. Becky McKay signed up against.
McKay: Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian.. I have
been retained by Mr. Sasser, Mr. Gale Sasser and his wife, to represent him this
evening. Mr. Sasser thought that it would be better if I speak on his behalf. What he
wanted me to express to the Council is he is not in objection to the modification of the
development agreement from -- go from two buildings to one larger building. He thinks
that from a marketing perspective that that -- you know, that will help them. He's willing
to meet Mr. Moore in the middle and I think they are looking at this from a spirit of
cooperation. They, you know, didn't retain me to come here and bad mouth this
development, they wanted me to, you know, talk to the Council about the importance of
the fact that even though this is designated mixed use on Comp Plan, the fact is that
there is an existing -- there are existing residential uses in the development. Mr. Sasser
and his wife own this property right here. They have owned it for approximately five
plus years. His son Aaron and daughter-in-law Liz Sasser reside in the home with their
family. There are other homes on the Loder Street that are utilized for residential
purposes. And I was at the hearing that Councilman Zaremba mentioned and I believe,
if I -- my memory serves me correct, the Council made previous concessions by
reducing the required landscape buffer between differing uses -- I believe it was
supposed to be 25 feet and the Council went down to five, even over the objection of
the neighbors, and the Council said one of the things was that they looked at the
narrowness of this parcel here and they deviated from the UDC to help this
development out and, like I said, over the objections of the neighbors. But the
Meridian City Council
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neighbors, obviously, accepted that, they continued to utilize these home for residential
purposes. I did have a conversation with Brad Miller. I know Mr. Van Auker has
purchased some homes on Loder Street. Brad Miller said I don't want to object, you
know, obviously, to them going from two buildings to one, we are in support of that, if
that makes this project more marketable. He said but Mr. Van Auker and myself felt
that we had an obligation to the existing residents on Loder Street to go on the record
as they object to the building being set five feet from an existing single family dwelling.
It is the desire of the Sassers that the building be up front along Overland Road. That is
an entryway corridor. The city has been promoting that -- I will wrap up here. And I
think, you know, we need to consider, obviously, the integrity of this subdivision, as long
as it's still residential. We need to look at -- Mr. Zaremba brought up interconnectivity.
It would be a travesty if this were to develop and the traffic had to come out on Overland
to get a cup of coffee and go back, if it were to be an office building. We ask the
Council to go ahead and modify from two buildings to one, but, please, do not allow the
building to be set right up against that property line. Five feet is so close and it will just
wall that home in. And I think -- and I would hope that the Council would look at that
impact. And, lastly, as a member of the development community, there are times that
we come before you and we test the waters and maybe we go a little further out on the
limb than we normally do and we always go, based on the premise, what is the worst
that could happen is the Council will say no. And if that does happen, we regroup, we
come up with other options, and get those creative juices flowing and we come up with
solutions. And that's why I asked you, please, do not allow them to set that parking lot
on the north edge of the subject property. Thank you.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: This is a Public Hearing. Is there anyone who would like to provide
testimony on this application?
Thueson: Madam Mayor, my name is Greg Thueson, and Members of the Council. I
am the commercial real estate broker, I represent Mr. Moore in a lot of his marketing.
I'm also the broker of Quest and Company commercial real estate and I reside at 4263
Nystrom Way in Boise. But I am a salaried employee also of Mr. Moore. But I am
probably one of three marketing people that has the greatest involvement in marketing
space within the project for Mr. Moore. One of the difficulties that we continue to face is
-- throughout the city is marketing product for retail use that backs up against the street
without parking in the front and visibility in the front. Almost anyone will tell you from a
marketing perspective that they require the ability to see a retail store front, they like to
see signage, they like to see parking in the front door. And the way this facility is now
set and the way it was approved, makes it very difficult for us to find tenants and we
struggle with that where ever we see that type of a setup and the alternatives to going
the other route leave us a very long difficult strenuous journey trying to find tenants that
Meridian City Council
July 24, 2007
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are willing to take the space and the market conditions and rates make it almost
impossible. There are alternatives to this use and the alternative may be coming back
and saying we may need to put fast food restaurants there with late night hours and we
may need to do other things, which may be not allowed. But, nonetheless, there are
other things that we will be faced to look at. There may be a larger sit down restaurant
or something like that. But I just wanted to go on the record myself, that it does really
make it very difficult to lease these buildings where they back up and if you can look
throughout the City of Meridian, and especially Boise, you will see other locations where
they struggle to keep tenants in buildings and keep businesses open where they back
up against the street, their front is away from the street, and with that I will sit down.
Thank you.
De Weerd: You know, I guess I -- we do have some up against the street and certainly
the majority in Eagle are up against the street, so -- and I was just at one of those
businesses last week and they seemed to do very well. I guess it's a difference of
location, what -- why is this location different than a number of others that tend to do
okay?
Thueson: Those areas that do okay generally have a very large population of retail
stores and they are a destination location where people can park and they can mingle
and walk from store to store to store and have many many choices. A case in point
would be a small building like this up on the comer of, for example, Eagle and Ustick
where Costa Vita -- and there are vacant spaces that have been there finished ready for
tenants for quite some time and they can't seem to find tenants who want to take those.
And that relates to this same problem and you can put large signage on the back of the
building, you can do a number of things, but you still struggle finding tenants who want
that. Every retail tenant we have wants two things. They want to be found, they want
signage, they want to be accessible to the customer who can see their space. So, I
think Jonathan -- his remarks relate to the fact that if we -- if we can't do it this way, we
will have to go back and reconsider other types of businesses, other types of options
perhaps, so -- I'll answer any other questions if you have them. I have been leasing
space for the Boise market since 1983 and that has continually been a difficult struggle
to find tenants who are willing to go into a location where they back up against the
street. And it makes no sense to me, but the majority -- the vast the majority of retail
tenants. Thank you for your time.
De Weerd: Thank you. Sir. If you will, please, state your name and address.
Urus: My name is Bill Urus and I live on Loder Place. I am a neighbor, Madam Mayor
and Council Members, to Gale Sasser. I totally go along with the things there. There is
three points I'd like to bring up. Number one, the five foot barrier, number one, was kind
of a big change and really not debated change. I never got to say a word on it. Maybe I
was asked and I didn't say something. That's my fault. Number two, you have got a
plan up there where right to the east you have two small buildings, but to the left you
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•
can't put two small buildings? Think about it. Number three. When you buy a short
legged horse, you don't chase thoroughbreds. You have a small property, you make a
small development. And why should it be at the expense of somebody else to go ahead
and put something huge on there. Look to the east of there. There is two small
buildings. Why couldn't the big building go there and the two small ones go over to the
left. Think about it. Thank you.
De Weerd: Thank you. Is --
Fazenbaker: Gary Fazenbaker. I live on Loder Place. I am directly across the street
from this development going to the left. I'd like to say that I just agree with the Sassers'
representative and Bill just kind of stole my thunder, because I was going to say if you
buy a piece of property and it's not competitive, then, maybe you're in the wrong market
with that property, maybe you should have planned ahead of time before you purchased
it or maybe you need to do something that's different now.
De Weerd: Thank you. Is there any further testimony on this item? Mr. Seel.
Seel: Jonathan Seel. W.H. Moore Company. I guess the first thing I'd like to do,
Madam Mayor, we talk about the success of buildings along here -- if I can. What
you're looking there at Boise and University where you see that Chalet Drive going
through, many years ago the city of -- the city of Boise asked -- this is a Ron Yonke
project, with the urbanism. And this is BSU over here -- asked that they put their retail --
required they put their retail right along the street and put the parking in the back. To
make a long story short, this piece of retail right now has been given to BSU and the
reason it's been given to BSU is because it can't lease. Bottom line. I mean there is --
there is a real life thing. You asked -- there is probably some retail that puts up front
that could be potentially successful, depending on what's around it, but here is the
situation where they basically walked away from it. I mean I don't think they necessarily
walked away, they donated it. I mean they were -- they are not dumb people. But this
is kind of an example of something that we are dealing with. You know, Becky said
something about -- and we do, we test the waters, we all do, she does, I do -- you come
in, sometimes you hear no and it's tough to take and you go back. The dilemma we
have here is that we don't have a lot of flexibility. We don't have a big lot where we can
put the building here or possibly put the building here or put the building there. We are
really, basically, back in. Yes, should we have realized maybe up front when we bought
a piece of land and we are stuck with it, we should figure it out -- well, I guess we don't
have a crystal ball and sometimes we do make mistakes, but there is no sense if you
make a mistake of just sitting on it. What you need to do, then, is step back and figure
out what you need to do and that's why we are here tonight. So, that's why we are
presenting it the way it is. And we think it is a fair solution. It gives us an opportunity to
develop something that's going to be successful and I think something that the
community is going to be proud of. So, you know, as far as the five foot buffer, Mr.
Urus, you know, on that, I guess I get a little bothered when people say I didn't have
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time. He's noticed in the Public Hearing just like anybody else. He had the opportunity
to speak. I don't think it's any surprise. So, if it was, yeah, shame on him. I guess
that's really it. Again, we are simply asking you for your support. Yeah, we have got a
difficult lot and we are in a situation where we need to come up with a solution that's
viable and without it there is no sense building. The old saying build it and they shall
come maybe exists in the movies, but it certainly doesn't exist in this case. So, unless
there is any questions, I'll sit down.
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Thank you.
Seel: Thank you.
De Weerd: Council, we have heard the testimony and if you would have a need for any
further information from staff, have a need for discussion before I ask for a motion to
close -- what's your pleasure?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I do have one question and what -- what we are suggesting is taking the store
front and turning it facing north and backing the back of the building up to the south of
the buffer? Put all the parking around there, so when you drive in you'll get to look at
the beautiful back of a building, like you do along Eagle Road.
De Weerd: Generally they are two sided.
Bird: Well, I tell you what, I thought I was looking at the front of it. That's coming into
the city. I disagree with you on the Eagle one about -- I hope -- and I know its
businesses will be successful, but it's not a pretty site to run by and see stucco -- with
nothing on it but stucco or something like that, no breakup or --
De Weerd: Mr. Bird, I wasn't talking about the one on Eagle Road, I was talking about
most of the shops in the city of Eagle.
Bird: Your shops in Eagle. I could -- but you also -- they have got glass on it. If you go
down the old State Street. Or new State Street. They got glass showing -- their entry
might be on the side. That's my thing.
De Weerd: Council, anything further? Do I have a motion to close?
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Meridian City Council
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Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
•
Borton: I move we close the Public Hearing on Item 11, MI 07-009.
Zaremba: Second.
De Weerd: I have a motion to close the Public Hearing on Item 11. All those in favor
say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Is there any discussion? If there is no discussion, do I have a motion?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: In light of the applicant's comments and public comments and it sounds like a --
kind of an all or nothing request, which is perfectly fine, while joining of the buildings
seem to be understandably appropriate, I respectfully disagree with at least how the
UDC is -- the specific letter of it and also the intent. I think when it states in between a
particular structure and the adjacent street, it speaks to the structure, not the entire
development, I really wrestle with that. I wouldn't want to create an opportunity in a --
with a future development like this to allow the first unit or two to ask for parking up front
and suggest that maybe the next one will put it in the back to balance it out, it invites
trouble that I don't think we can rectify. But I don't read the UDC to allow it. I think the
concerns of the public mirror the concerns that the UDC intended to alleviate and I think
Councilman Zaremba recalled it -- recalled those concerns accurately and I tend to
agree with Councilman Zaremba and in light of the all or nothing approach, my
perspective would be to deny the miscellaneous application.
Zaremba: If that's a motion I'll second it.
De Weerd: I would suggest --
Borton: If there is no further discussion, I would move to deny Item 11, MI 07-009.
Zaremba: Second.
De Weerd: I have a motion and a second on Item 11. Discussion? Mr. Berg.
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Meridian City Council
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Roll -Call: Bird, nay; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT.
De Weerd: Thank you.
Canning: Madam Mayor, before you leave that one, does Council have any thoughts on
if there is a concurrent requirement for a Conditional Use Permit and the applicant also
requires a development agreement, is there -- do you have a preference as to which
one is conducted first?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would suggest doing it in this order. If the development agreement changes
tonight, there is no point in doing the CUP; is that correct?
Canning: I don't mean specifically for this project, I just mean in general.
Zaremba: No. I'm saying if it's a similar situation where they can't do the CUP without
changing the development agreement, I would do it in this order.
Canning: Okay.
De Weerd: This gives them an answer in a much more timely fashion.
Canning: Good. Thank you.
Item 12: Ordinance No. 07-1328 : RZ 07-009 Request for a Rezone of
24.69 acres from I -L to C -G zone for Jabil Southeast by Joint School District No. 2 —
1303 East Central Drive (Portion of Lot 1, Block 1, of the Jabil Subdivision):
De Weerd: Ordinance No. 12 is 07-1328. 1 will ask Mr. Berg to, please, read this by
title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1328, an
ordinance finding that the Joint School District No. 2, the owners of certain real property
have made a written request for rezone of zoning classification for real property being a
portion of Parcel A of Record of Survey No. 6631, situated in the southeast quarter of
Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada
County, Idaho, as described in Attachment A of this ordinance and rezoning certain
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0
lands and territories situated in Ada County, Idaho, and within the corporate limits of the
City of Meridian, and rezoning the land use zoning classification of said lands from I -L to
C -G in the Meridian City Code, providing that copies of this ordinance shall be filed with
the Ada County assessor, the Ada County recorder, and the Idaho State Tax
Commission, as required by law, and providing for a summary of the ordinance and
providing for a waiver of the reading of the rules and providing an effective date.
De Weerd: You have heard the reading of this ordinance by title only. Is there anyone
who would like to hear it read in it entirety? No takers? Ralph? Council, do I have a
motion?
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I move we adopt Ordinance 07-1328.
Bird: Second.
De Weerd: I have a motion and a second to —
Bird: Oh. Excuse me. Before I second it, suspension of rules?
Zaremba: Yes. With — we have heard a reading and suspension of rules.
Bird: Thank you.
De Weerd: A motion to approve Item 12. If there is no discussion, Mr. Berg, will you,
please, call roll.
Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 13: Department Reports:
A. Finance / Purchasing Department:
1. Request to Pull Bid for City Hall Building Project Ph. III
by Color Craft:
2. Update on Overall Effectiveness on Bidding Process:
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Meridian City Council
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De Weerd: Item 13 under Department Reports, we will start tonight's reports with the
finance department. Mr. Watts.
Watts: Good evening, Madam Mayor, Council Members. Tonight I have Wes Bettis
here from Petra to --
De Weerd: Your time is up.
Watts: We have one of the bidders from phase three, the PI bid for the City Hall project,
is requesting relief. I have a letter from the company and I also have a copy of the
applicable statutes that I will hand out to you and, then, I'll let Wes describe the
situation.
De Weerd: Okay.
Watts: I will also let -- Wes will go over the overall project to date as well. He has some
information to hand out. So, Wes, why don't you come on up.
Bettis: Thank you, Keith. Mayor de Weerd, Council President Borton, Councilman Bird,
Councilman Zaremba, distinguished staff. For the record, my name is Wesley Bettis,
construction manager with Petra, Incorporated, 1097 North Rosario Street, Meridian,
Idaho. 83642. This evening we are here to discuss a request for relief on a bid that
was submitted by Color Craft, Inc. Last Tuesday evening as I stood here before you I
was asked if I was concerned about any of the low bids that came in and I replied I was,
but I had spoken with all of the bidders and they were willing to stand by their bids. No
sooner did we get into the office Wednesday morning that it came to our attention a
hand delivered letter that arrived Wednesday morning from Color Craft noting that they
had, in fact, found a material mistake and requesting relief from their bid. They did send
an e-mail to us late Friday or, sorry, Monday afternoon, that did not get into my hands
until, in fact, Thursday morning. By Idaho Statute Title 54, Chapter 1904(c), in asking
for relief from a bid there are three criteria that must be met. A material mistake must
be shown. Full detail of how this occurred must be presented and communication
directly to the public entity be made within five days of bid opening that the material
mistake was in place. There is no argument that conditions A and C of Chapter 1904
have been met. Unfortunately, it's the opinion of Petra, Mr. Bennett and myself, that we
did not receive the proper notice to the public entity within five days of the bid opening.
We have recommended forfeiture of the bond, the bid bond in the amount of five
percent of the total bid. In addition, we have handed out tonight an updated phase
three bid results that I have cleaned up. It's, hopefully, a little easier to understand. It
shows the correction on bid package number one where Suncrest Corporation replaces
Pacific Steel and Fabrication, which did not have a valid license at the time of bid and it
shows the correction for bid package 11, painting and wall coverings, with Commercial
Painting, the second low bidder, replacing Color Craft. I will stand for any questions.
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Bird: What was Color Craft's -- without having to look?
Bettis: Without having to look?
Bird: No. For me having to look.
Bettis: Fifty-five thousand, I believe.
Bird: Fifty-five thousand?
Bettis: Difference.
Bird: Difference. Oh. Okay.
De Weerd: Difference.
Bird: That's what I -- I didn't think it was --
E
Bettis: Council President Borton, Councilman Bird, the amount of the bid -- I already
took it off my spreadsheet. 95,600, sir.
Bird: Was the low.
Bettis: They were 95,600. The next low was 151,275, which is Commercial Painting.
Bird: Oh. Okay. I was looking at number eight. Excuse me.
De Weerd: Council, I --
Bird: I thought it was less than a hundred and I couldn't -- I'm going, man, that's --
De Weerd: Any further questions, Mr. Bird?
Bird: No, I don't have any.
De Weerd: Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I guess the issue is if they have established that they are not able to perform
as they bid, then, we go to the next lowest bidder and that's not really a question. I
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guess the question is whether the original low bidder is penalized for that error by
forfeiting the bond. Is that really the point that we are discussing?
Bettis: Yeah. Council President Borton, Councilman Zaremba, Idaho Public Works
contracting law requires us to take the low bidder, but offers these grounds for relief in
the event that those three conditions are met. Tonight's readdressing this issue is
specifically to note that we are evaluating all three of the conditions and making a
recommendation to Council to pass on the bid, take the second low bid, and
recommend from your construction manager to Council of forfeiture of their bid bond. I
do anticipate an appeal from Color Craft if you do decide to forfeit.
Watt: Statute 54-904(c) actually requires them -- it states they shall forfeit their bid bond
if they don't meet all three requirements, which they have not. So, they may protest, but
according to the statute we are required to keep that bid bond for our services.
Bird: It's our discretion.
Watts: It says -- the actual wording it says: Bidders not satisfying the conditions found
in Section 54-1904(c) Idaho Code shall forfeit any bid securities.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I take it this is merely notifying us. I don't think you need formal action from us,
as I read the 1904 all saying shall and the report requires us to make those specific
findings, I don't think we have --
Watts: That was my interpretation, but I wanted to bring it before you and let you
interpret it and give us direction.
De Weerd: And certainly, Council, you do need to approve the --
Watts: The new bidder.
De Weerd: --new bidder.
Watts: The new award.
Borton: Mr. Nary, is there some discretionary function we are missing or -- there is
nothing that indicates they attempted to provide it within five or were prevented in doing
so?
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Nary: Madam Mayor, Members of the Council, Councilmember Borton, I think the
recommended action is simply removing -- withdrawing -- allowing them to withdraw
their bid and going forward. I think the purchasing agent can make the decision based
on the statute. If they want to appeal, they certainly appeal that decision of his and,
then, bring it forward to you.
Watts: Thank you.
Bird: Question for Wes or Pete.
Watts: Yes.
Bird: On Suncrest Corporation, now, they -- they weren't the low, we had to accept the
second, because the others were out of compliance with their license?
Watts: That is correct. And that was brought to you last week, actually, so --
Bird: Yeah. I knew that. I knew that. So, the only one that we got a reapprove is
Commercial Painting.
Watts: That is correct.
Bird: And Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I would move that we approve to enter into a contract with Commercial Painting
for the sum of 151,275 dollars.
Borton: Second.
De Weerd: I have a motion and a second. Any discussion? Mr. Berg, would you,
please, call roll.
Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Watts: Thank you.
De Weerd: Thank you. The next item is an update on -- Wes had a few items to go
over as well with the overall and he has a handout.
De Weerd: Is that the speaker there? The mike? We are going to take a break.
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(Recess.)
De Weerd: I will go ahead and open this meeting back up. Wes.
Bettis: Thank you. Madam Mayor, Council President Borton, Wesley Bettis still on the
record. We have handed out this evening -- and excuse my bad manners, I forgot to
acknowledge that the director of construction for Petra, Incorporated, Art Stevens, was
here this evening as Mr. Bennett was unavailable and out of town on personal
business. We have handed out to you a recap of the cost on this project, how they
have been developed, how we put them together from the concept in June of '06 when
we first met with the city's selection committee to this point after the phase three bids.
Each of these updates has been provided to the Mayor's building committee, as well
additional copies provided for distribution to Council. So, I hope that what you're seeing
isn't totally new to you. I think it's important as we run through here real quickly to note
that the first true budget that we were able to pull together was based on a 20 percent
design with the conceptual plan and some of the working drawings being started in
January of 2006. That was a 16.8 million dollar budget and it was the first time it
included the full basement, which took us from 80,000 square feet of the -- which was
where we were at in June of '06 -- to the 101,000 square feet that we are at today.
February 2006, with release of the 60 percent design, the budget increased by
approximately 400,000 dollars, which included an additional 1.6 million to reflect the
inclusion of the access floor system and the MEP systems with the engineer's
estimates, which were finally available to us. In April -- and, I'm sorry, these should be
2007, not 2006. April 2007 the budget rose to 18.2 million, an increase of
approximately one million dollars. This was when we discovered the groundwater
issues on the site. It included all of the increases to the mechanical electrical systems
associated with the handling of that groundwater, as well as it began to include some of
the additional finishes that were being brought into our vision, as well as yours. That
was also the completion of our bids for phase two. So, we were able to gauge the
market pricing at that time. With the bid closing of last week, we have forecast the
budget at 20.5 million. That's an increase of 2.3 million dollars over the April budget,
but I think it's important to note that in the April budget we showed 800,000 dollars in
value engineering, which I do not show at this time and the reason for that is we are in
the process of identifying all of these items that are available to present to you for
selection, whether you want to include them or not. There is some items that we are
moving forward on at the direction of the building committee, which includes having
raised the billing four foot in elevation to enable us to get out of the groundwater and
eliminate the dewatering expense. That is also changing the masonry pricing, as well
as it is changing the site work pricing, we believe all in a very positive way. Those
designs are complete and the subcontractor is in the process of pricing them at this
time. The new budget also includes all of the contaminated soil removal expenses,
including the additional construction management fee associated with bringing in John
Anderson ahead of schedule as the superintendent to closely manage and monitor that
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work, so that we can get complete EPA and DEQ approval on that work. It includes a
200,000 dollar allowance for the extra costs associated with Leed certification should
you decide to go forward with that after the August 7th presentation and discussion. It
includes an additional 100,000 dollars for the IT server room HVAC and electrical
upgrades, which were unknown to us at the time we were putting the initial budgets
together. There are now more fixed walls after the department feedback from the
different departments as they laid out their work space from what was originally
anticipated in the design and what was presented by the design team. There is also
three times -- a 300 percent increase in the total lineal footage of cabinets and millwork
in the building after the department reviews from what the design team had showed on
the April drawings. What we have attempted to do with this budget is to give us the
highest budget that we could think of inclusive of all of the items, including the 1.5
million dollar budget for the plaza and community area, so that we have a starting place
to address the value engineering issues and work with you to make a good working
budget out of this project. I'll stand for questions.
De Weerd: Thank you. Council, any questions?
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: Can you remind me of the concept you had in value engineering and that
reduction?
Bettis: Eight hundred thousand -- excuse me. Council President Borton, the 800,000
dollars was what we had derived at the time in February -- February 22nd that Mr.
Bennett had sat down with myself, with our consultants, the design team, and looked at
the different options that were available to us. We looked at potential savings on the
mechanical side, wet side plumbing, and the HVAC, just looking at changing some
possible equipment suppliers, alternative types of fan units to be able to push the air
effectively as its design. As well we only had one access floor supplier at that time and
a quote that scared the bajeebers out of us, quite honestly. Fortunately, that bid did
come in and we realized 300,000 dollars in savings in the phase three bids with the
alternate access floor supplier. We have looked the deleting the finishes in the
unassigned areas. Putting up bulkhead walls and cordoned those off, make them
accessible to staff for storage or other non -occupied uses, but not to finish them at this
time. We looked at changing the electrical distribution in those unfinished areas. We
looked at the deletion of the dewatering cost, which we now realized and will include in
the next update, the changes that that impacted on the excavation and structural
concrete. Any changes to the steel. We also even went so far as to look at deleting an
entire wing and leaving that as a future expansion. We, basically, looked at every
option that we could to give you, as decision makers, more options and more
opportunities to provide the leadership you do in your decisions.
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De Weerd: Any further questions?
Zaremba: No.
De Weerd: Mr. Bird?
Bird: I have nothing -- no questions, so let's do a very good job in providing for it and it's
more than I wish we had to spend, but that's -- we want a quality building and we -- I
feel that we are more paying for that access flooring is well worth the money. I think the
extras we have, I think it's a building that we will be proud of forever. Fifty years from
now this will be functional. I think we could have -- and I'll put myself up front, you as
second, I think we could have put the thumbs on the departments a little more and my
plan was to have about 20,000 square foot to lease out and it seems like we took -- it
seems like we took everything out and that's our fault and I don't blame them, don't get
me wrong.
De Weerd: I heard you. It's on the record.
Bird: I don't blame them at all. I just -- and, you know, the property being cleaned up,
nobody could foresee that. I think we are getting a heck of a building for that money
myself personally. I think it will be a beautiful building. I think it's -- I think will be classy,
that's what we started out to do.
De Weerd: Thank you. So, no other questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just one other. And I don't see how it's broken down. You got a footnote on it.
What happened with the stand alone HVAC server. Is there -- I don't know what that
change -- how much we are talking about, but is there -- was there ever a time when
there wasn't a stand alone for the server room.
Bettis: Council President Borton, the server room was not identified as requiring a
separate stand alone HVAC system in the additional criteria. This came about -- and,
Mr. Watts, you may need to help me out here — timing -wise it was less than 30 days
ago when IT met with Mr. Bird and Mr. Watts, as well as the design team, said we really
do need, because of the number of servers we are going to have, we are anticipating on
having, we need a separately conditioned room. Now, with an access floor system and
the way that this building has been designed, more air could be delivered to this room in
a typical design and perform the same services. However, after reviewing it with the IT
department, they were adamant that they needed to have this additional air-conditioning
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for their systems and so this has been added in. Our estimated cost is that 100 to 150
thousand. I put it in at 100,000, in my estimate. It's included in our phase three bids.
De Weerd: Anything else, Council?
Bird: I have none.
De Weerd: Thank you.
Bettis: One last thing if I could, please. Just a quick update for you. I spent several
hours on site this morning with Superintendent John Anderson and after 30 years of
kicking around in this industry and 19 different states and some 87 different
communities developing projects, it's a real joy to be working with a professional like
John. He is a master at scheduling and by now he has this project moving along right
on task and he's making little subtle changes to keep that project on schedule and the
quality is exceptional, with incredibly good safety and I just want to pass that along from
my perspective, because it's fun to see.
De Weerd: Thank you. That is greatly appreciated.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I wasn't going to bring this up, but in our last Monday meeting -- I drove all the
way down from McCall this afternoon to see the steel swinging. I don't see any steel
swinging.
Bettis: President Borton, Councilman Bird, thank you for noticing. That's what I was
mentioning with those subtle changes in the schedule.
Bird: I know.
Bettis: Mr. Anderson was able to see that by bringing the steel in this week he was
actually going to impact the masonry, so he spoke with the masons, the masons
stepped up, brought in an additional crew, you're going to have a 70 foot stair tower at
the north end of this project by the end of next week, the steel will come in unimpeded,
which will speed up the steel erection. So, thank you for noticing.
Bird: I don't doubt that. I don't doubt that.
De Weerd: We appreciate that he --
Bird: But I drove all the way to see -- I wanted to see that steel swinging, see.
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•
De Weerd: Yeah. Please make an e-mail announcement of when it starts to swing.
Well, thank you for joining us here tonight.
Bird: Thanks, Wes. Thanks, Art.
De Weerd: Thank you, Art. Oh. Thank you, Keith. I guess was that the update on the
overall effectiveness on the bidding process? Hey, Keith Watts, was that update on the
effectiveness on the bidding process? Just checking.
Watts: Okay.
B. Parks Department:
1. Discussion of Parks Commission Recommendation on
Proposed Antique Market Event in Storey Park:
De Weerd: Thank you. Parks Department.
Huff: Must be this time of night. I can't read my own writing. We met with Arlee
Marsters on our last meeting at the parks commission about doing an event in Storey
Park. I think you have the paperwork included on that and what it was was an Antique
fair or antique show and sale event and she did a good job producing that and she gave
documentation on -- and letters of recommendation from where she had done it before
in eastern Idaho, as well as Hailey area. So, we looked that over and so did the
commission and forwarded that to -- on to Council for their approval. In that process,
since Doug left, I got involved a little bit and started looking at it and we spoke with
Emily Kane about it at length this morning and what we don't have for a profit event, for
for-profit events, we don't have an ordinance for that, and fee structures and other
things in place. We have an event deal that we use now that's situated for other things
and in speaking with Emily she felt like we would be better off to put an ordinance in
place, which she is working on, to make sure that we have ourselves well covered, that
we have the revenue we should get out of an event like that, and that all our ducks
would be in a row and that's what -- the direction I got from them today. I feel like it's a
worthy event. I feel like we should do it. It's just proper planning ahead of time enough
is okay. I'm within about 40 days of that -- when she wants to hold that event right now.
And so there is some logistical stuff, some stuff to work out with the speedway. The
other thing is to make sure that events don't clash. Those things I think are challenging
for us right now. And we don't have any way to charge for that. So, there is some
things that have to get into place I think before we do that kind of event. However, I
think it's going to be a good one. That's kind of where I am with it. Just one of those
things that's kind of come up kind of quick. She did put in her deal on what our existing
documentation, it's about 60 days ahead of time, and I did talk to her on the phone
today and we have not met to discuss anything yet on the upcoming project or met with
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the speedway or any of those things that we need to get out of the way, we haven't
done that. We don't know, of course, how to figure out what to charge for an event like
that. So, looking for a little bit of direction from Council on that of what you think the
best thing that we should do in this case.
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, some of the things that -- from the legal
department's perspective that we were concerned with -- and I think the direction, like
Mr. Huff is saying, is we are simply looking for the Council's direction to proceed and
seeing if we can get all of these I guess approvals done. At the discussion point with
the commission the applicant here hadn't had any discussions, to my understanding
from Mrs. Kane, hadn't discussed this event with Western Ada Recreation District and
the use of parking that would impact the parking around the pool. They didn't discuss it
with the Legion as to whether or not it would impact any use of the baseball field. And
she hasn't discussed it yet with the speedway or the dairy board, since this is a Friday,
Saturday, or Sunday event, on the impact to the parking. All she's done is come to the
parks department to basically use the park. She likened it, at the parks commission, to
the Dairy Days event. Significantly different kind of event, different in role for the city in
that type of event. The thing Mrs. Kane and I discussed -- and I think -- I had asked
Mrs. Kane to send Mr. Huff an e-mail today to simply advise the applicant that we were
discussing this with the Council and seeking your direction, to make it clear to her that
there is a lot of steps still to go. Mrs. Kane was concerned that at the Commission level
that the applicant seemed to be under the impression that maybe the parks commission
approval was enough. Even though the parks commission was very clear to her that it
was not the end of the approval process, but merely the beginning. But we wanted to
be sure that you were aware and if that's the direction that you want us to proceed, but
we do want to make sure that she has contact with all of those other affected entities,
because of the impact on the parks, the impact on parking around on a weekend and
this is in the second weekend in September I think.
Huff: It's in September, so there are still speedway events.
Nary: Yeah. So, there is still speedway events going on. We also want to bring a
license agreement with you. One of the concerns that we have is for the public's
perception of people using the city, the public's property, for a -- for a profit event and
we allow non -profits to use some of the -- some of the different grounds and the
concessions and things of the city at no cost to them, but for a for-profit event we were
concerned that -- of setting a precedent of allowing those types of activities by,
essentially, every type of sale, watermelons, fireworks, whatever, that we would have of
wanting to put on similar events in this park or other city property. So, we do want to
make sure we negotiate a license agreement. I'm hopeful that we can get that done in
the next five weeks with her, but we wanted to at least advise Mrs. Marsters that that
was your direction, that that's what we were trying to get accomplished and that she
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would need to make sure -- bring assurances from all those different entities about the
impact to them and what their position was before the city ultimately approved this
event.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Elroy, where would she set up this number of booths in Storey Park?
Huff: She wants to go kind of like we were on picnic last week. You go from around
that shelter, closer to the pool, and, then, work right up through the -- right up through
the grass. She'll want to be on the --
Bird: Yeah. Is there room enough in there?
Huff: That's a lot. Yeah. If you could stretch it out or double it up you can get it in
there. It gets a little bit tight.
Bird: I mean some of these antique -- you can go to some of those deals -- if I
remember right, she's had some over in Hailey, in that area. You need a big area.
Huff: We discussed that in the meeting about that site --
Bird: And if it's cut up, you got to -- you got your parking and everything --
Huff: She discussed all those.
Bird: She wouldn't want to go to Settler's, would she?
Huff: Well, we -- and we absolutely discussed that and what we -- what we asked her,
we said, you know, maybe next season. What we are going to do is where the big Oak
is in front of Settler's, I think we are going to grass that all up and bring that up to status,
that you can put anything out there, tents or whatever, around that tree and in that big
open area and there is parking close by. But that might be a better spot for her to be
that would suit her much better. Probably easier to watch and take care of at night,
maybe, than Storey Park. We did talk to her about that.
Bird: And another thing, when you set up tents and stuff like that and have traffic, which
I'm sure she will be getting a lot of traffic, it does damage your grass.
Huff: Yes. We certainly will have an issue with that. I think what I have an issue with is
-- a little bit is still the parking and that is is that you would be surprised how much
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•
people in a good event like that will generate. I think we will get overrun, about like we
struggle with Dairy Days.
Bird: Well, yeah, parking -- you're going to go to the speedway parking is where you're
going to overflow and at Coriell's comer, which that would --
Huff: Well, Saturday, that --
Bird: And it really -- yeah, and it really -- it concerns me on Saturday if we can't work
something out with the speedway of having that traffic and foot traffic going through the
park with automobiles trying to get into the parking.
Huff. You have all those on the speedway parking.
Bird: And it really is a concern. I think Teri Sackman in the letter I read -- read from her
brought up a real concern as to who is going to be down there controlling the parking
and -- and all this kind of stuff. So, while I think it's a great event -- and I have -- I have
some real concern about a profit coming in and doing that, but, you know, I think it's -- I
think it would ideal if she got -- to be truthful with you, with Kenny Hamilton and put
inside the speedway where you would have parking and you could control it and have
the area. You could put it on the asphalt and you could put it in the infield.
Huff: Certainly some things to work out there. That's a tight spot.
Bird: I think it's -- personally, Elroy, I think it's something that would benefit this
community to at least try it.
Huff: I believe that's fine. I think it's a worthy event to have. It's just when and where to
have it with all -- everything in perspective and everything right is the key to the whole
thing. Anymore questions?
De Weerd: Mr. Zaremba.
Zaremba: In reading the materials I thought that it would be an excellent event for the
city and, hopefully, may be an annual repeat event. I do have the same concerns about
location, that there might be a better one than -- certainly from visibility Storey Park
would be excellent for them, but I don't think it has the space that we are talking about.
In thinking about the due diligence of the city, we -- for a for-profit event we would need
to think of possibly some extra police overtime for the presence at an event like this
and, then, there are some other expenses. Certainly the parks department would have
some cleanup and repair.
Huff: All those things we have bounced around, but haven't any dollar figure to it.
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C�
Zaremba: So, you know, we do need to think through what the end results are going to
be and, of course, if we do it once, then, we will know what we need to change for next
year as well. But I would like to see it happen. I don't know if we can do it this fast.
Bird: Madam Mayor. I do have another idea I just thought about and so help me I
probably -- I'm thinking I'm going to get killed by about seven people. One of them is
sitting down at the far left. I don't know why we couldn't bring that into -- into the legion
field. You could bring that whole show in there, it's completely controlled that way, you
still have the parking, but I think parking can be solved. That way you have got -- you
have got it contained in there.
Huff: They'd have a little better protection at night to be able to lock it up.
Bird: And better protection for them. I'm not on the board of the legion, so I can't --
Huff., We discussed that -- Doug and I discussed the possibility of that. However, you
know, we prize that legion field a little bit and don't like to do some things on it that is
going to tear it up. It's late in the summer --
Bird: Nobody wants to hurt it, because I was the one out there helping pick up rocks in
1981 when you put it in.
Huff. So, we need to watch that a little bit.
Bird: But I think use some control like that. I would sooner see it inside there and repair
the grass if we had to, then out -- scattered throughout the park. I think you have
problems.
Zaremba: Where the Van Auker property is west of Jabil that we are using for soccer
fields, is there enough area there, maybe?
Huff: Never thought about that.
Bird: That's -- the problem is there is the location. Storey Park is an ideal location
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: In light of all these concerns, which are right on the money, just make sure that
she doesn't get any impression that -- that it's a lock. I'd hate for her to spend money
advertising it when we are not --
Meridian City Council
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Huff: I think even if we work on it, Councilman Borton, we get down to the end it's going
to get tight and for her to be able to get people signed up and get them here, because
she has to coordinate all that.
Borton: The Scarecrow Festival is six weeks later. I mean --
Zaremba: Might want to just encourage here -- encourage to plan on doing this next
year, instead of trying to get it in this year.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Madam Mayor, Members of the Council, I guess if I'm reading you all correctly, if
we can -- we will make contact with both our office and the parks department with her to
explain to her certainly all the hoops that need to be done and either maybe give you a
progress report or bring back a finished product to you within the next five weeks. And I
guess I would say Councilmember Borton's direction clear -- clear to her that, you know,
before you can get approval we need all of these hoops done and that whether it's
putting it in a different location than Storey Park to get it done a little quicker or
whatever, but if that's okay with you, we will just work together with parks department to
make it clear to her what needs to be done so, again, she doesn't incur some cost
expense that's unnecessary and ultimately we can approve the project going forward
and that she understands what she needs to get done and at least helps facilitate that,
because there is a lot of -- as you all know, there is lots of different entities that have
pieces of that park that she needs to talk to and get some either approval or some
consent or something to get this off the ground.
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: I'd also add to that list — I know there was a letter from the city of Hailey
saying that they have enjoyed the event, but we may want to ask the city of Hailey how
they covered themselves. What requirements they put on her and cost they charged
and --
Huff: I think Emily's done that already.
Zaremba: I beg your pardon?
Huff: I think Emily's done that already.
Bird: She's already got a million dollar policy as I understand; am I not right?
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Nary: I believe that's correct. And the long term solution we are looking at is to bring
you an ordinance that would hopefully help solve most of these types of problems that
we could point to directly, that someone could be able to work through the parks
department or the clerk's office or whatever is necessary to get this done in a timely
manner.
Bird: I think it's fantastic.
Berg: Madam Mayor?
De Weerd: Yes.
Berg: If I could address the Council. I just want to make it clear -- the struggles we had
in the years past before all of you were around, I guess. I'm the oldest one here -- was
using -- especially Storey Park, because it's a very visible park for profit businesses and
it was very much of a concern of who do you say yes to and who do you say no to and
things change and the box gets wide open and I just want to make sure that we have
some guidance somewhere to just say yes this or no to that. And I don't know what
those are right now.
Huff. Upon whatever criteria has to be met qualifies them to do the event. If they can't
meet that, then, they can't do it. That's what we have to have in place is that criteria.
Berg: Yes. And I guess -- I think we have just got to be very careful about what that
criteria is and make sure we can uphold whatever decisions we need to make. And I
guess the other thing is not to impact those neighbors there. We have several events
that we do there and they are kind of community events and it impacts everybody, but
everybody plays part of the game. Something like this that I can see, because of that
location -- you know, every other weekend you could have something going on at that
site and you got to remember, we have got a nice playground there, we have a nice --
during the summer the swimming pool -- there is a lot of activities that can go on at that
park. Maybe another park. Maybe different guidelines for different parks. I don't know.
I just think we have got to be careful about how we can say yes to some and no to
others.
Zaremba: Madam Mayor, do we need a consensus or a motion to request staff to
spend some time on this?
De Weerd: Well, I think you have indicated your interest.
Zaremba: Okay.
De Weerd: Thank you.
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Huff. You're welcome.
C. Fire Department:
0
1. Update on Fireworks Permit Process:
De Weerd: Thanks, Elroy. Fire Department.
Silva: Madam Mayor, Members of the Council, what we would like to do is provide you
with some feedback, a snapshot of the effectiveness of the -- when the fireworks
ordinance was passed Councilman Rountree had requested that we provide follow-up
on the effectiveness of the ordinance and, two, we wanted to provide follow-up on the
application and inspection process that the city undertook to put the fireworks vendors
in place. When we brought the fireworks ordinance in front of Council for consideration,
a couple things that were -- that were really -- we were very concerned about. On page
two of the report that I provided you, in the upper section there, illegal fireworks
complaints on July the 4th. What we were seeing was a troubling trend in terms of state
-- or, excuse me, countywide -- we have gone from 165 complaints to 362 complaints
with the abuse of illegal fireworks in our community and that's why the fire department
brought that concern or that ordinance in front of Council for consideration. We were
also concerned of the misuse and careless use of legal fireworks and injuries that may
occur to individuals within our community. We feel that this -- passing this ordinance
was, in fact, a success due in part to the media attention that was generated as a result
of our new ordinance being put in -- being put in place, as well, as some cautious use of
legal fireworks within our community by our citizens that didn't cause us to have any
unusual fire events and I will kind of elaborate that here in a couple minutes. Also, the
city of Boise undertook a Public Works display at Ann Morrison Park, which attracted a
large gathering of folks that helped also I think deal with the abuse of illegal fireworks.
They chose -- a lot of people chose to go down there and take -- undertake a public
fireworks display versus buying their own fireworks. With that being said, what I'd like to
do is quickly give you a snapshot on the first page of the fire experience that the
Meridian Fire Department had compared to other agencies and cities throughout the
Treasure Valley. First of all, we will kind of look at Boise's experience. We had 13 fires
in the city of Boise attributed to fireworks. Some significant events. First of all there
was a house fire that did 25,000 dollars fire -- 25,000 dollars damage to the dwelling.
Illegal fireworks were definitely the source of ignition there with retrieved -- we retrieved
bottle rockets off the roof or off the undamaged portion of the roof. They also had a
three acre grass fire that was set out over the desert and when that fire started they
quickly left the area and left their bottle rockets when they did leave the area. So, it was
definitely attributed to bottle rockets in that area. Eagle fire had small -- four small grass
fires. Kuna had three grass brush fires, all less than five acres, but the concern there is
-- as we have seen in the current vegetation and the actions that the governor has had
to undertake to declare a state of emergency in certain portions of our community in our
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state, that even a fire five acres or less can spread very rapidly to the community that
threatens the community. Meridian had only three fires here attributed to fireworks.
One illegal and two legal, but only did a hundred dollars damage to a fire -- excuse me -
- to a sprinkler system. Also, we had a significant reduction in the number of complaints
we had in our community. Last year, referring to that page two real quickly, we had 246
Complaints of illegal fireworks during the sales period from June 23rd to July the 10th,
as compared to 102 this year. That equals a 49 percent reduction in the number of
complaints of illegal fireworks in our own community. Nampa had six fires attributed to
fireworks, one of which was a balcony at an apartment house that caught fire as a result
of a bottle rocket that landed on the balcony causing 4,000 dollars damage that burned
not only the part of the structure, but the combustible patio furniture out on the deck.
They had two children that were injured as a result of a in separate incidents as a result
of playing with fireworks that had to be treated at West Valley, in addition to a 43 year
old gentleman who was treated for bums. Those injuries were all treated at West
Valley. Caldwell had seven fires attributed to fireworks, two legal -- excuse me -- two
illegal and five legal. One of the most significant incidents during the July 4th holiday
was Middleton fire department, which we previously have not included in our study, but
they had 14 fires attributed to fireworks, the most troubling significant event they had
was a 135 acre grass fire that at one point threatened 34 structures within their
community. So, it was a very serious concern and not with the fire experience that
these agencies had, but also our own ER at St. Luke's -- St. Luke's between downtown
and the Meridian facility, treated three fireworks related injuries during the July the 4th
holiday. So, essentially, that's what we did on the fire experience. We also undertook
some neighborhood patrols to further confiscate fireworks off the street. During that
process we did two four hour patrols on July the 3rd and July the 4th. We made 39
contacts with the community at that point between myself and Inspector Bowers and
worked basically the west and east portions of our community to try to confiscate illegal
fireworks where they were being used. The second part of our report really captures
what we did in terms of our staff hours and, basically, the inspection process to get the
fireworks vendors up and running it took 22 hours of staff time to inspect all the facilities.
That included inspections that were conducted on the 3rd and the 4th of July to insure
that the approvals that we provided up front were, in fact, the rules they were abiding by
when -- on the 3rd and the 4th. So, we did -- we did follow up with those -- a few stands
to just insure they were still abiding by the rules we had approved -- or I should say the
stands that we approved in the first place. The neighborhood patrols took 16 hours of
staff time and this last statement is the amount of time devoted to developing the
ordinance with the other fire departments, the vendors, and city staff, including legal and
city -- and working with the city clerk's office in getting the ordinance prepared for
consideration by the City Council. There was approximately 70 hours of staff time
devoted to that. When we looked at after the season -- after the fireworks season of
some of the things that we could improve for next -- for next year's fireworks season, we
met with the City Clerk's Office, the Legal -- the Legal Department represented by Mr.
Nary, Code Enforcement, the Building Department, and the electrical division and what
we determined is the fact that there could be some things undertaken to clean up and
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modify some things in the application and also to -- to do some things on the electrical
side to insure electrical safety and insure that all circuits and DFI protected, among
other things, making sure that proper sources of light are used that are not going to
cause problems within the stand. So, we will be also providing a handout to the
vendors to insure that they have the information available, the inspection criteria, and a
one page summary of information to help them with the inspection process. So, that's,
basically, the follow-up on the process and the inspections that we did with respect to
the vendors in processing applications. We were -- with all of that being said, hopefully
those are -- addressed your concerns with respect to what -- our fire experience, our
relative success of the ordinance and also what we do do and -- what we intend to do to
improve the process come next year. When we proposed the ordinance and the fire
chief made a presentation and I made a presentation, a couple of things we were very
adamant about was the -- the -- not one to have the public have general access to the
product before the consummation of the sale. Two, we wanted to limit the size of the
stand and there was a story that came out of the national -- it was on the national news
out of Tampa, Florida, where those things didn't work out and I want to show a short
video clip that may demonstrate the importance and why we stood behind those things
and requested that the Council consider a very controversial ordinance. So, with that if I
could ask Anna -- Mayor and Council, it seems that we are having a little bit of a
technical problem with this. What I would like to do is I will e-mail you that video clip so
you can view it at your leisure, just so you have got a -- will see the importance of not
having the public have general access to the product, as well as limiting the size of the
tent. And with that -- we had doubled checked that prior to, but this might be part and
parcel to our -- the trouble with our mikes this evening. Mayor, with your permission, I'd
like to just e-mail that to you, so you could view it at your leisure.
De Weerd: That sounds good, Joe.
Silva: With that I will stand for any questions should you have any.
De Weerd: Council, any questions?
Bird: I have none.
Zaremba: Madam Mayor. I want to thank you for all your work on the subject and
protection of our citizens on the highest level. I appreciate that. Is there any -- does the
city try and recover -- if we know a fire was started by illegal fireworks and even if it only
did a hundred dollars damage, is there any effort to recover from the perpetrator the
cost of sending the fire crew out or charge them for our response or somehow penalize
them?
Silva: Yes. Mayor, Members of the Council, Councilman Zaremba, yes, we do have a
provision available for that. We -- mostly -- the longest duration incident that we had
that we responded to was 29 minutes and, quite frankly, when you look at the cost of
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the -- the internal billing cost of that, if it was a more prolonged incident we do have that
ability to capture that. Also, there is a provision in there that the parents are held
responsible for any damages that may result. So, any significant fire, obviously,
because of the city code we adopted, we would be able to -- the owner would be able to
go back on that -- on that person who carelessly used those fireworks.
Zaremba: Great. Thank you.
De Weerd: Any other questions, Council?
Borton: Madam Mayor?
De Weerd: Yes.
Borton: It's not a question, but it's a resounding thank you to Joe and his department for
what you have done, not only enforcing the ordinance, but providing us feedback and
having a desire to make improvements where necessary. And thank you goes out to
Will, the city clerk's office, Bill and the legal department, and Bruce -- got all these
reports to show the facts, but to improve it going forward. So, that's exactly what we
asked for.
Silva: Yes. And before I forget, Mayor and Council, on behalf of the Meridian Fire
Department we would like to thank you for your support of a very controversial
ordinance. It's allowed Meridian to take the lead on this issue. It's not only important to
the community of Meridian, but also the other Treasure Valley cities. And certainly one
thing I failed to mention, but I will at this point, that the agencies, quite frankly, didn't
have enough time to process and go through the hearing process. It's still in the cue
with the city of Boise, Nampa and Caldwell, to the best of my knowledge, to be put in
place. But it will, again, be up to those elected officials whether or not they want to go
there. But I thank you on behalf of Meridian Fire Department for your support.
De Weerd: Well, add planning and police in that, too, just so you don't feel left out.
She's too tired to care.
Nary: And Public Works.
Silva: All joking aside, Mayor and Council, we did receive a lot of support from the
building department, planning department, the police department, legal department a
lot, and the city clerk's office. All those departments worked with us to make it work and
I would like to thank those departments, as well as Council.
D: Public Works Department:
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1. Reimbursement Agreement between the City of Meridian,
Shepherd's Creek. LLC and Tuscany Development, Inc. for 27
inch Sewer Trunk from Linder Road to Stoddard Road:
2. Reimbursement Agreement between the City of Meridian and
Linder 109, LLC for 27 inch sewer trunk from Overland Road to
Linder Road:
3. Reimbursement Agreement between the City of Meridian and
Linder 109. LLC for 27 inch sewer trunk from Overland Road to
Ten Mile Road:
4. Memorandum of Understandina with Sunrise Rim, LLC to Build
Water Main and a Dry Line Sewer to their Development:
E. Legal Department:
1. Discussion of Arts Commission Quick Funding Grant for Take
Part in the Arts Event:
2. Discussion of Draft Ordinances for Mayor and City Council
Compensation Amendment:
De Weerd: Thank you. If there is nothing further, Council, we will move to the legal
department, since Public Works seemed to delete all of their items. Thank you, Len.
You're the favorite guy tonight.
Nary: Gee, thanks. Thanks. Boy, that's hard to follow. Madam Mayor, Members of the
Council, one of the items on discussion is the Arts Commission quick funding grant. At
the last arts commission meeting Commissioner Rountree -- Nancy Rountree is the
chair of the subcommittee on grant funding and there is an opportunity for what's called
a quick funds grant through the state and they would like to seek that -- those funds to
help with an event that they would like to put on in the fall called Take Part In The Arts
Day. What the objective is is, one, we wanted to bring this in front of you tonight,
because the ordinance requires that for any grant funding they must seek your approval
prior to going out to get the grant funding. They will have to bring it back if they actually
secure it with all the — with all the requirements to work with the finance department,
make sure they follow the finance policies, but they wanted your direction that they
could go ahead and seek that type of funding and, then, hopefully, within the next month
or so the commission would like to also come and give you an update on the activities
they have been working on, the different events they are looking at. This particular one
specifically, some of the other actions that they have been taking as a commission, and
give you a full presentation by -- I guess we can have a longer meeting now -- a full
Meridian City Council
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presentation by the Commission, but tonight they want to do that, because there was a
time -- a window of opportunity to do this and they needed your approval to do that.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: It sounds fantastic to try for it now, unless you have got some idea of why there
might be a concern. I think let's do it.
Nary: Madam Mayor, Members of the Council, Councilmember Borton, we don't. I think
it is a good -- I think it's a good opportunity, they just need your -- your folks' permission
to go forward and, again, they would have to bring it back to you before we could finally
approve it.
De Weerd: Do we need a motion?
Berg: I move we unplug David Zaremba's laptop computer.
Nary: No. If your direction is to go forward, again, you will have the final approval, so
you will have that.
Bird: Get it going.
De Weerd: Sounds like get it going. Council, in front of you you have -- on your
computer --
Zaremba: Yeah, we did. The noise stopped when I -- it diminished when I turned it off
and stopped entirely when I unplugged it.
De Weerd: Way to go. We appreciate you being proactive.
Zaremba: I wish I would have discovered that an hour ago.
Bird: My ears are still ringing.
F. Mayor's Office:
1. Pine Street School House Request:
De Weerd: In your packet you had information about the request for the Pine Street
school house. I guess I am seeking your direction on this request. Now, the request
shows the total expenses and that's not necessarily the intention of the school district to
request, they are asking for help in the site that the school -- the school is being moved
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to and so any of that amount that you would be willing to help offset would be greatly
appreciated.
Bird: The 65,000 -- Mayor, I think that's what it was. Bottom line 65,000.
De Weerd: Yeah.
Borton: At the request of the district did we help fund some or all of that?
De Weerd: Yes. They have the moving expense -- the moving expenses covered.
This would be kind of the hook up, the foundation it would sit on, some of the finishing
work to -- to present the school.
Bird: Mayor?
De Weerd: Yes, Mr. Bird.
Bird: Without having that in front of me again, but I seen something in there by the
construction company -- and don't get me wrong, I don't blame them, but they had
something like almost 11,000 in profit and overhead. I don't know if we are talking
about the same project or not.
De Weerd: Council, what I could do is --
Bird: Put your foundation in and stuff. And I don't like somebody to say, you know, help
us what you can. I'll give them 65 cents of something like that. I like to know how much
they want.
De Weerd: Well, I will -- after exec session I will grab it from my office. I didn't bring it,
because it was to be right in front of you. It was in your packet.
Bird: It was? It's right here.
De Weerd: Uh-huh. It was in your packet.
Bird: General conditions, overhead, and profit, 10,650.45. 1 just can't believe that no
one -- that construction company -- they take a lot less than that, because of their --
De Weerd: Mr. Berg -- and any amount -- in fact, there was some amounts that would
clean up the property it's sitting on, which would not be something the city would feel a
responsibility for, but I guess what the superintendent has requested is to look at those
costs and to help offset the cost of -- for the site that the school would be moving to and
since you knew more about the construction than I did, I thought maybe you would feel
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a
comfortable dissecting those out. Now, I could with a good guess, but I decided I would
not go there.
Bird: I would be glad to sit down with Bennett. I mean I just -- I hate somebody to come
in and say, well, give me what you can, because they know an amount they want. They
know what they got to --
De Weerd: Well, then, they would love the whole amount.
Bird: I know that. I absolutely know that. But, then, also I can also look back on this --
and I know it's not probably right, but there has also been done before -- give me a bid
of what you'd charge me to do this, so I can take it and get this guy to pay it and you're
only going to charge me half. I'll get half from them and, then, I don't have to pay
anything. And I know that's not what's being done. But, anyway, let's find out what they
need and what they want. We made a statement in 1993, the city did, along with the
school district, that we'd maintain that school. Well, it's sitting on two nice of property to
be staying there. The school district had found a nice property. I believe we need to
help finance it.
De Weerd: Well, Council, it sounds like
perhaps he can get with the school district,
help with and bring it back to Council.
Councilman Bird knows this industry and
dissect out what they would appreciate our
Bird: Do you want me to get to Wendell Bigham? Is that who you want me to talk to?
De Weerd: Uh-huh.
Bird: I will be glad to. But it's not going to be this week.
De Weerd: No. We don't meet again for another --
Bird: Three weeks.
De Weerd: -- three weeks. So, we can -- we can bring this back on the 14th.
Bird: You know, I know most of you don't know the history, but we -- the city and the
school district put that up in '93, that was one of our projects as the centennial and I feel
that we are obligated to help the school district move it there. They have given us the
ground to put it back on, so -- and it's something that our children have truly enjoyed.
De Weerd: Uh-huh. Well, Mr. Bird, if you don't mind doing that, we will just reset it in
three weeks.
Bird: I will see how much we can get -- how much we need.
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De Weerd: Okay.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
so
Nary: And I just want to point out, this Council did have a discussion back in February.
I did located the minutes -- about this particular issue, on February 27th, about the
moving and Mr. Bigham was here at that particular time and at that particular juncture
they thought all of this stuff was donated and that's what was stated to the Council, that
-- because if you recall, the Planning and Zoning Commission directed that this be part
of a development agreement, so it would be moved prior to the rezone of the school
building, and you folks were concerned about this move and so that was what they had
stated at the time. Obviously, there has been some change, so I just wanted you to
know you have had this discussion with them before, but it might be better if they
actually came specifically to talk about that.
Bird: That's why I was quite shocked when I got to seeing that bid, I'm going --
De Weerd: Me, too.
Nary: Yeah. It was February 27th was the discussion, so --
Item 14: Ordinance No. 07-1331 Garage Sale Ordinance:
Item 15: Ordinance No. 07-1332 Mayor and City Council
Compensation Amendment:
De Weerd: Well, there is a couple different ones, so you're just following my lead.
Ordinances 14 and 15 -- actually, I will just split them out. Counsel -- yes.
Nary: Madam Mayor, actually, Item 15 -- there are two ordinances.
De Weerd: Yeah. Fourteen and fifteen.
Nary: No. No. No. Of the Mayor and Council compensation, there is two different
ordinances. So, I'm not sure why they are combined in one title, but there is actually
one for the Mayor, because it's a different section of the code, one for the Council. The
revised ordinance that's in front of you was your direction at the -- for the Council one
was to not have an increase in it and the Mayor one was the increase that was
recommend by the citizens' committee, but there is actually two different ordinances that
you should have. So, I would recommend that you pass them by separate number, so
that you can find them separately.
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Bird: Well, yeah. The one would be 07-1331 and one is 1332.
Nary: And I show I sent it back on the 18th of July to Mr. Berg's office, but I notice that
I forgot to send it to him. But I did send it to the other staff. Don't know how it got
combined into one, but there is actually two.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I would just make a comment and I'm sorry I was absent during the meeting
where this was discussed more thoroughly, but I'm comfortable with the City Council
compensation staying the way it is. I would just like to make a comment for the next
deliberation on the Mayor's compensation that I would like to propose that sometime
that it go to a scale that would be something like a dollar per citizen according to
Compass's most recent estimate and corrected every decade by the census. And that
would allow the Mayor's compensation to increase without a new ordinance, keeping in
pace with our growth. And I think that actually today would mean 71,000 dollars a year,
if that's the latest number. Well, that's actually the April Compass estimate of our
population. And I'm not proposing that we rewrite this ordinance, but I'm just -- I'm
throwing that out as a suggestion for maybe next year's ordinance, that some
consideration be given of just tying it to the population, making it a dollar per citizen
according to some measure and letting it grow that way.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Zaremba, that isn't a bad formula, except I want -- I want the report -- the
revenue sharing the state gives us, which is about 10,000 different from what Compass
gives us. Compass goes off of -- off of building permits. Well, go drive through the
subdivision and see how many empty buildings you have got. You got 24,000
registered voters. That's say how many families, 15, 16 thousand. I -- I would be more
in favor of paying somebody off of what we are paid for revenue. The state pays the
revenue off of what they consider is our population, than what somebody guesses.
Zaremba: Is that a smaller figure or a bigger figure?
Bird: It's smaller. I wished it was bigger.
Zaremba: Well, I would be inclined to --
Bird: Compass likes it larger, because that pays -- that's dues.
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De Weerd: Commerce will say that's also 2005 numbers.
Bird: Yeah.
De Weerd: Just to clarify it, so --
Zaremba: Just a comment.
Bird: That's -- and it's not a bad formula to look at.
Zaremba: Okay.
De Weerd: I think that's what we tried to do when we raised it a number of years ago.
Tried to find a formula, so it did --
Bird: We were all over the board.
Nary: Madam Mayor?
De Weerd: Yes.
Nary: The ordinance contemplates that we will have another citizens committee in a
couple years and we will certainly bring all of those types of proposals. I just -- for all of
your folks, I guess, peace of mind, every city struggles with this. I don't know that every
-- any city has any magic formula. If they did, everybody would do it. You know, the
city of Eagle has a population a third the size of the City of Meridian and they just raised
their mayor's salary to 74,000. Nampa has a population that's almost the same as the
City of Meridian and they just raised their mayor's salary to 80,000. Caldwell was half
the size of Meridian and their mayor makes 70,000. 1 mean they -- every city has some
methodology that probably makes sense to them. Certainly, Councilmember Zaremba,
what you propose is just as valid as everything the Committee tried to do in figuring out
percentages versus -- my only concern is -- I guess from the human resource side, is
that if -- we need to figure out a logical way to make some sense to salaries and the
Mayor -- in my position -- in my -- my feeling is the mayor position is no more -- no
different, other than the elected nature of it, to at least evaluate in regards to what the
duties and responsibilities are. You have to factor in the elected nature of it. I think that
is a reality of the position. But you still have to factor in the duties. One of the things
the committee weighed and decided not to consider is what city managers and city
administrators of other cities do. The Mayor of our city has similar responsibilities that
city administrators do in other cities. There isn't a city administrator that I could find in
the state of Idaho that makes less 104,000 dollars a year. I picked the wrong profession
to go into myself, because that's -- but that's the nature of that business. Again, I
recognize for Mayors it's not exactly the same, there is a little difference, but we
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certainly will put all of those things and all the input from the Council is valuable to help
the committee put some sense around it, so that we can make it fair to the Mayor, make
it fair to the citizens, make it fair to you as a Council, so that you can have some
objective information. So, I appreciate what you're doing and, again, I don't think there
is any one thing that's better than another, so --
Bird: And I'd only add one thing to that is -- Washington D.C. is the lowest paid
executive is the president of the United States.
Nary: He gets a plane. And a pretty big house.
Bird: We give our Mayor a car.
De Weerd: Will you give me a house?
Bird: Even if it's a miniature.
De Weerd: Okay.
Bird: Anyway, let's read the -- if we don't -- do we have both ordinances?
Nary: You should.
Bird: In hard copy?
Berg: I don't.
Nary: I can go print it if you would like.
Bird: Is it going to hurt if we don't do it until --
Nary: No. You have to do it 75 days prior to the election, which would be early --
Berg: Into August.
Nary: It would be -- yeah. The end of August.
Bird: But we need to get it in, though, before the 28th of August.
Nary: It's already in the budget.
Bird: It's in the budget, but we should have it --
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in
Nary: So, if you want to send it over for your -- either your Consent Agenda for April 7th
-- or, excuse me, August 7th, or your regular agenda for August 14th, you will be within
the time period required by the statute.
Bird: I'd say let's go for our regular agenda on the 14th.
Berg: Madam Mayor -- and I guess I was expecting two ordinances, because I think
there was some massaging on the City Council and it wasn't I guess in complete form or
assurance for the Mayor, so I was expecting two separate redone ordinances, so I could
do my formatting.
Bird: Madam Mayor?
Berg: And I haven't seen it, so -- I'm sorry.
Nary: I just sent it to you.
De Weerd: Well, I suggest that the ordinance 07-1329 for garage sales --
Bird: Yes.
De Weerd: Can be read by title only and we will skip Item 15, bring it back on August
14th.
Bird: Okay with me.
De Weerd: It's too quiet without the buzz.
Berg: Madam Mayor, Members of the Council, Ordinance 07-1329, an ordinance of the
City of Meridian amending Chapter 4 of Title 3 of the Meridian City Code, relating to
licenses for vendors, peddlers, and solicitors and amending -- excuse me -- and adding
a new section to Chapter 2 of Title 4 of the Meridian Code relating to garage sales.
De Weerd: You have heard this read by title only. It was a short one. Is there anyone
who would like to hear it read in its entirety? I don't see any. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Yes.
Bird: I move we approve Ordinance 07-1329, with suspension of rules.
Borton: Second.
an iWM�
Meridian City Council
July 24, 2007
Page 69 of 70
De Weerd: I have a motion to approve on Item 14. If there is no discussion, Mr. Berg,
will you, please, call roll.
Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 16: Executive Session per Idaho State Code 67-2345(1)(b) — (to consider
the evaluation, dismissal or disciplining of, or to hear complaints or
charges brought against, a public officer, employee, staff member or
individual agent, or public school student):
De Weerd: Item 16 is an Executive Session. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(b).
Borton: Second.
De Weerd: Mr. Berg, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
EXECUTIVE SESSION:
De Weerd: I would entertain a motion to come out of Executive Session.
Bird: So moved.
Borton: Second.
De Weerd: All those in favor.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Motion to adjourn.
Bird: So moved.
• 0
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT ITEM NO. S-A
REQUEST Approve Minutes of July 11, 2006 City Council Budget Workshop Meeting
AGENCY COMMENTS
CITY CLERK: See Attached Minutes
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
0 •
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT ITEM NO. S -B
REQUEST Approve Minutes of July 3, 2007 City Council Regular Meeting
AGENCY
COMMENTS
CITY CLERK:
See attached minutes
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Date: Phone:
Emailed:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
July 20, 2007 PFP 07-001
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Walker Homes Inc ITEM NO. 5-C
REQUEST Findings of Fact and Conclusions of Law for Approval: Request for a
Preliminary/Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Sub to
create two (2) new lots for Benewah - 2673 North Ridgebury Avenue
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
COMMENTS
See Attached Findings
ml -e V-,-*"
Emailed: S Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
•
eta e° ,nFit�_
(>(f6fidian
I[3;l9iC.9
h,,,
k
In the Matter of Preliminary / Final Plat approval of two (2) lots in an existing R -S zone, by
Greg Walker
Case No(s). PFP-07-001
City Council Hearing Date: July 10, 2007 (Continued from June 26, 2007)
Findings for the City Council Regular Meeting of: July 24, 2007
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 10, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 10, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 10,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 10, 2007, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-3 82 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). PFP-07-001
0 •
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, Final Plat, and
the Conditions of Approval all in the attached Staff Report for the hearing date of July
10, 2007, incorporated by reference. The conditions are concluded to be reasonable and
the Applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary
Plat, dated January 12, 2007, is hereby conditionally approved;
2. The Applicant's Final Plat, as evidenced by having submitted the Final Plat, dated
January 25, 2007, is hereby conditionally approved;
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 10, 2007, incorporated by reference.
D. Notice of Applicable Time Limits
1. Notice of Preliminary Plat Duration:
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the Applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of the
preliminary plat is made in successive phases in an orderly and reasonable manner, and
conforms substantially to the approved preliminary plat, such segments, if submitted
within successive intervals of eighteen (18) months, may be considered for final approval
without resubmission for preliminary plat approval. Upon written request and filed by the
Applicant prior to the termination of the period in accord with 11-613-7.A, the Director
may authorize a single extension of time to record the final plat not to exceed eighteen
(18) months. Additional time extensions up to eighteen (18) months as determined and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECIISION & ORDER
CASE NO(S). PFP-07-001
0 i
approved by the City Council may be granted. With all extensions, the Director or City
Council may require the preliminary plat, combined preliminary and final plat, or short
plat to comply with the current provisions of Meridian City Code Title 11. If the above
timetable is not met, and the Applicant does not receive a time extension, the property
shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis. Such
request must be in writing, and must be filed with the City Clerk not more than twenty-
eight (28) days after the final decision concerning the matter at issue. A request for a
regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521, an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of a
conditional use permit approval may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of July 10, 2007
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). PFP-07-001
E
11
By action of the City Council at its regular meeting held on the Z 4 day of
2007.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
William G. Berg, Jr.,
VOTED i�
VOTEDpa
VOTED —
VOTED
`9$yorl de Weerd
CE
AM
� s
Copy served upon Applicant, The Planning rjepartment, Public Works Department and City
Attorney.
By.
City Clerk
Dated: �1- 25PG-1
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER
CASE NO(S). PFP-07-001
C7'
J
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
STAFF REPORT
Hearing Date: 7/10/2007
Continued From: 6/26/2007
TO: Mayor & City Council
FROM: Amanda Hess, Associate City Planner
208-884-5533
SUBJECT: Benewah Subdivision
• PFP-07-001
Request for Preliminary / Final Plat of Two (2) Residential Lots on 0.448 Acres in
an R-8 Zone, by Greg Walker
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Greg Walker, has applied for Preliminary / Final Plat (PFP) approval of two (2) residential lots
on 0.448 acres. The property is currently zoned R-8 (Medium Density Residential) and is located at 2673 N.
Ridgebury Avenue in the SE% NE% of Section 1, Township 3, North Range 1 West, B.M. This site is
currently designated "Medium Density Residential" on the 2002 Comprehensive Plan Land Use Map.
The subject property is commonly known as Lot 13, Block 3, Vallin Courts Subdivision. The Vallin Courts
Subdivision was recorded in 2005. The Applicant is proposing to subdivide Lot 13, Block 3, into two new lots,
for Benewah Subdivision. The lot sizes are at approximately 8,900 and 10,600 square feet.
The subject development is eligible for a combined preliminary / final plat application because the proposed
subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this
development is not located within a floodplain, hillside, or the like (UDC 11 -6B -4A). The subject property is
within the City's Area of Impact and Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
Staff recommends approval of PFP-07-001 for Benewah Subdivision, as presented in the staff report for the
hearing date of April 19, 2007, based on the Findings of Fact listed in Exhibit D and subject to the comments
listed in Exhibit B. The Meridian Planning and Zoning Commission heard these items on April 19. 2007.
May 3, 2007, and May 17, 2007. At the May 17, 2007, public hearing the Commission voted to
recommend approval of the subject PFP application.
a. Summary of Commission Public Hearing:
i. In favor: None (Applicant did not show)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Amanda Hess
vi. Other Staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Perimeter fencing was installed with the Vallin Courts Subdivision.
c. Key Commission Changes to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
Benewah Subdivision — PFP-07-001 PAGE 1
0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
a. Summary of City ConuRPublic H grin
i. In favor: Greg Walker (Applicant)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Anna Canning
vi. Other Staff commenting on application: None
b. Kgy Issues of Discussion by Council:
i.one
c. Key Council Cha ge to o miss ion Recom__m .ndatinw
i. one
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number PFP-07-001,
as presented during the hearing on July 10, 2007, with the following modifications to the conditions of
approval: (add any proposed modifications)
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number PFP-07-001, as
presented during the hearing on July 10, 2007, for the following reasons: (state specific reasons for denial
of the preliminary/final plat request)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number PFP-07-
001 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific
reason(s) for a continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
2673 South Ridgebury Avenue
SWV4 NE %, Section 1, T4N, Rl W
b. Owner:
Westminster Homes
128 S. Eagle Road
Eagle, ID 83616
c. Applicant:
Greg Walker
Walker Homes, Inc.
880 E. Franklin Road, Suite 306
Meridian, ID 83642
Benewah Subdivision — PFP-07-001 PAGE 2
0 0
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
d. Present Zoning: R-8 (Medium Density Residential)
e. Present Comprehensive Plan Designation: Medium Density Residential
f. Description of Applicant's Request:
1. Date of Preliminary Plat (See Exhibit A): January 12, 2007
2. Date of Final Plat (See Exhibit A): January 25, 2007
5. PROCESS FACTS
a. The subject application will, in fact, constitute a preliminary plat, as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the
City Council on this matter.
b. The subject application will, in fact, constitute a final plat, as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the
City Council on this matter.
c. Newspaper notifications published on:
April 4, 2007, & April 16, 2007 (Planning & Zoning Commission)
June 4, 2007, & June 18 2007 (City Council)
d. Radius notices mailed to properties within 300 feet on:
March 23, 2007 (Planning & Zoning Commission)
June 1, 2007 (City Council)
e. Applicant posted notice on site by:
April 9, 2007 (Planning & Zoning Commission)
June 16, 2007 (Cfty Council)
6. LAND USE
a. Existing Land Use(s): Vacant land. Existing structure has been removed.
b. Description of Character of Surrounding Area: A mix of single family residential and vacant
agricultural land, some of which has recently been proposed and approved for residential development.
c. Adjacent Land Use and Zoning:
1. North: Vallin Courts Subdivision, zoned R-8
2. East: Vallin Courts Subdivision, zoned R-8
3. South: Waterbury Park Subdivision, zoned R4
4. West: Residential / Agricultural land, zoned RUT (Ada County)
d. History of Previous Actions: The subject application proposes to subdivide Lot 1, Block 3, of the
Vallin Courts Subdivision. Vallin Courts was granted final plat approval by City Council on January
4, 2005.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There is currently sewer in N. Ridgebury Avenue
Location of water: There is currently water in N. Ridgebury Avenue
Benewah Subdivision — PFP-07-001 PAGE 3
a* 40
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
Issues or concerns: None
2. Vegetation: Primarily vacant land. Existing trees will be retained or relocated on site.
3. Floodplain: The property is located within the 100 -year and 500 -year floodplains.
4. Canals/Ditches/Irrigation: Creason Lateral runs just south of the subject site.
5. Hazards: N/A
6. Size of Property: 0.448 acres
f. Subdivision Plat Information:
1. Residential Lots: 2
2. Non-residential Lots: 0
3. Total Building Lots: 2
4. Common Lots: 0
5. Total Lots: 2
6. Open Lots: 0
7. Residential Area: 0.448 acres
8. Gross Density: —4.5 units per acre
g. Landscaping:
1. Width of street buffer(s): N/A
2. Width of buffer(s) between land uses: N/A
3. Percentage of site as open space: N/A
4. Other landscaping standards: Per UDC 11-3A-15, all developments shall have underground
pressurized irrigation systems in compliance with Meridian City Code, Title 9, Chapter 1.
h. Proposed and Required Non -Residential Setbacks: As per the R-8 zone for detached single family
dwellings.
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the
development will be from Meridian Road via either the Salisbury Lane Subdivision or Clearbrook
Estates Subdivision. Each of the proposed lots will have individual driveway access to N. Ridgebury
Avenue.
7. COMMENTS MEETING
On March 29, 2007, Planning Staff held an agency comments meeting. The agencies and departments present
included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian
Public Works Department, and the Sanitary Services Company. Staff has included all comments and
recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map.
The Comprehensive Plan calls for single-family homes at densities of three to eight dwelling units per acre on
this site. (See Page 95 of the Comprehensive Plan) There are two building lots proposed on the subject 0.448
acres. There is a maximum density of 8 dwelling units per acre allowed in the R-8 zone by the UDC; the
proposed gross density of Benewah Subdivision is approximately 4.5 dwelling units per acre. Staff does find
that the proposed zoning designation, R-8, and density of 4.5 dwellings per acre, is in accordance with the
Benewah Subdivision — PFP-07-001 PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
2002 Comprehensive Plan and Future Land Use Map. The following Comprehensive Plan policies apply to
this application:
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the
provision of all public services.
The City of Meridian plans to provide municipal services to the subject development in the following
manner:
• Sanitary sewer and water service will be extended to the project at the developers expense.
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACBD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
• The subject lands are currently serviced by the Meridian Library District. This service will not
change.
Municipal, fee -supported services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
Stafffinds that the adjacent residential developments are compatible with the proposed subdivision.
Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-,
medium-, and high-density single family, multi -family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
Staff finds that the proposal will contribute to the existing single-family residential product within the
City of Meridian.
Staff believes that the proposed development and density (4.5 d.u.'s/acre) for this property is appropriate and
consistent with the Comprehensive Plan. Staff recommends that the Commission and Council rely on any
verbal or written testimony that may be provided at the public hearing when determining if the Applicant's
development request is appropriate for this property.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use
in the R-8 zone.
b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of
Meridian water and sewer systems is a requirement for all residential districts. Residential districts are
distinguished by the allowable density of dwelling units per acre and corresponding housing types that
can be accommodated within the density range.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
PRELD11NARY/FINAL PLAT ANALYSIS:
Based on the policies and goals contained in the Comprehensive Plan and the general compliance of
the proposed development with the Unified Development Code, Staff believes that this is a good
Benewah Subdivision — PFP-07-001 PAGE 5
so a
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
location for the proposed single-family residential products. Please see Exhibit D for detailed analysis
of facts and findings for a preliminary plat.
1. Access: Access to the proposed two -lot subdivision within the existing Vallin Courts Subdivision
will be via Meridian Road and through either the Salisbury Lane Subdivision or the Clearbrook
Estates Subdivision. Access for the future homes will be from Ridgebury Drive. Direct lot access
to N. Venable Lane is prohibited.
2. Homes / Lot Sizes: The application proposes 2 detached single family homes within the R-8
zone. Lot sizes with the subject development range will be 8,932 square feet and 10,590 square
feet.
3. Landscaping: No additional landscaping or open space is required for this development.
Maintenance of all common areas for Vallin Courts Subdivision shall also be the responsibility of
the Benewah Subdivision Homeowner's Association.
4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The Applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a single -
point connection to the culinary water system shall be required. An underground, pressurized
irrigation system should be installed to all properties per the approved specifications and in
accordance with UDC 11-3A-15 and MCC 9-1-28.
Fencing: Perimeter fencing is not shown along the west and south property boundaries of the
proposed development. Staff recommends that the Applicant, at the public hearing, provide
testimony as to whether fencing will be constructed along said boundaries. If permanent
fencing is not provided, temporary construction fencing to contain debris must be installed around
the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior
to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of
all rights-of-way.
Fencing adjacent to micropathways and common areas are also required. Said fencing can be up to
six feet in height, if open vision. If closed vision is used, it cannot exceed four feet in height. All
fencing shall be installed in accordance with UDC 11-3A-7.
6. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals,
exclusive of natural waterways and waterways being used as amenities, which intersect, cross or
lie within the area being subdivided shall be covered.
7. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property
shall be replaced by installing additional trees, being the equivalent number of caliper inches of
those removed. Required landscaping trees will not be considered as replacement trees for those
that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the
Meridian Parks Department.
8. Existing Structures: All existing structures that are to remain shall comply with the dimensional
standards (setbacks, house size, etc.) of the R-8 zone. Prior to signature of the final plat, if
necessary, all structures that do not meet the dimensional standards should be removed.
b. Staff Recommendation: Based on the above analysis, Staff finds that application PFP-07-001
substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends
approval of said PFP application subject to the conditions listed in Exhibit B. At the May 17,
2007, Public hearing the Commission voted to recommend approval of the subject PFP
application. The Meridian City Council heard this item on June 26. 2007_ At the nnhlic hPareng
they elected to continue the public hearing to the _Tuly 10. 2007 City Council meeting, At the
July 10, 2007, public hearing they approved the subject application,
Benewah Subdivision - PFP-07-001 PAGE 6
!0 M
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
11. EXHMITS
A. Drawings
1. Vicinity Map
2. Preliminary Plat (Dated January 12, 2007)
3. Final Plat (Dated January 25, 2007)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Services Company
7. Ada County Highway District
8. Nampa & Meridian Irrigation District
9. Central District Health Department
C. Required Findings from Unified Development Code
Benewah Subdivision — PFP-07-001 PAGE 7
so of
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
2. Preliminary Plat (Dated January 12, 2007)
PRELIM/NAl4Y PLAT
BEMEWi4H S UBS/V/S/ON
RFPLAT OF LOT 13 BLOCK 3 OF VALLlN COURTS
A PLANNED DMOPAiENT
A PART OF 7HE NE
VALLIN COURTS SUMMON
I BOOK 83
PAGES 11208-71212
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Exhibit A
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
3. Final Plat (Dated January 25, 2007)
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Exhibit A
40 a*
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT
1.1.1 The preliminary plat labeled as Sheet No. 1, prepared by Mason & Stanfield, Inc., and dated
January 12, 2007, STAMPED April 19, 2007, by Daren L. Holzhey, PLS, is approved with the
conditions listed herein.
1.1.2 Four -foot, closed -vision wooden fencing shall be constructed adjacent to the north lot line of Lot
1, Block 1, Benewah Subdivision, if not already installed. Additionally, 4 -foot, closed vision
wooden fencing shall also be constructed adjacent to the south lot lines of Lot 2, Block 1,
Benewah Subdivision, if not already installed. All fencing shall be installed in accordance with
UDC 11-3A-7.
1.1.3 Benewah Subdivision shall be subject to the UDC standards of the R-8 (Medium -Density
Residential) zoning district.
1.2 SITE SPECIFIC REQUIREMENTS—FINAL PLAT
1.2.1 The final plat, labeled as Sheet Nos. 1-3 and prepared by Mason & Stanfield, Inc., dated January
25, 2007, and STAMPED January 25, 2007, by Daren L. Holzhey, PLS, is approved with the
conditions listed herein.
1.2.2 Applicant shall meet all terms of the approved Annexation and Zoning (AZ -03-036), Preliminary
Plat (PP -03-042), and Final Plat (PP -04-079) for Vallin Courts Subdivision.
1.2.2 All fencing must be in compliance with UDC 11-3A-7 and UDC 11-3A-8. All fencing adjacent to
Lot 12, Block 3, and Lot 14, Block 3 shall be no taller than four feet (4') in height.
1.2.3 This subdivision lies within the Nampa & Meridian Irrigation District; the District will own and
maintain the pressurized irrigation system within the development. The City of Meridian requires
that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well
source is not available, a single -point connection to the domestic water system shall be required.
If a single -point connection is utilized, the developer shall be responsible for the payment of
assessments for the irrigable landscape areas prior to signature on the final plat by the Meridian
City Engineer.
1.2.4 The water system shall be approved and activated, fencing installed, and the Final Plat for this
subdivision shall be recorded prior to applying for building permits.
1.2.5 Prior to issuance of a building permit or signature of the Final Plat, the Applicant shall submit
evidence that any right-of-way construction and public utility improvements have been approved
by all required agencies and authorities.
1.2.6 All development improvements including water, sewer, fencing, and pressurized irrigation shall
be installed and approved prior to obtaining Certificates of Occupancy.
1.2.7 A letter of credit or cash surety in the amount of 110% will be required for all required fencing,
pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat.
1.2.8 Applicant will be responsible to construct all required sewer lines to the proposed subdivision.
Developer to coordinate sizing and routing with the Public Works Department, if necessary.
1.2.9 Applicant will be responsible to construct all required water lines to the proposed subdivision.
Developer to coordinate sizing and routing with the Public Works Department, if necessary.
1.2.10 Applicant shall be required to pay Public Works development plan review and construction
Exhibit B
so N
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
1.2.11 Revise or add the following notes on the face of the plat, prepared by Mason & Stanfield, Inc.,
and stamped on 1/25/07 by Darin Holzhey, prior to signature of the final plat by the City
Engineer:
3.) Revise to read, "...compliance with __.__ 11 and __de 12 of the Mr::d aff City Cede the
City of Meridian's applicable zoning code at the time of submittal." .�,��
*.) Add note, "Direct lot access to N. Venable lane is prohibited."
*.) Add note, "Maintenance of all common areas for Vallin Courts Subdivision shall also be
the responsibility of the Benewah Homeowner's Association."
*.) Add note, "All properties shown on this plat are located in an agricultural zone. This is an
area in which agricultural operations are ongoing and may include, but are not limited to,
aerial spraying, the production of crops, the operation of feedlots, hog farms, dairies, and
/ or gravel pits. All of these activities may result in the production of noise and other
inconveniences. They may involve lights or the use of machinery in the nighttime hours.
All owners of property identified on this plat are prohibited from challenging the
aforementioned operations if they are lawfully conducted."
*.) "Add note, "Bottom elevation of structural footings shall be set a minimum of 12 inches
above the highest established normal groundwater elevation."
1.2.12 Revise the legend on the face of the plat to read: Public utility, drainage, and irrigation easement.
1.2.13 The Vallin Courts Subdivision is recorded with the Ada County Recorder as Book 93, Pages
11208 through 11212. Please correct this.
1.2.14 The legal description in the Certificate of Owners refers to a subdivision called "Ridge Haven."
The submitted subdivision is `Benewah." Please correct this.
1.2.15 Prior to the City Engineer's signature of the final plat, all existing structures that do not meet the
City's dimensional standards shall be removed.
1.2.16 Staff's failure to cite specific ordinance provisions or terms of the approved Annexation and
Preliminary Plat for Vallin Courts Subdivision does not relieve Applicant of responsibility for
compliance.
1.3 GENERAL REQUIREMENTS—PRELIMINARY / FINAL PLAT
1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Ridgebury Avenue pursuant
to UDC 11-3A-17.
1.3.2 All lot lines common to a public right-of-way shall reserve a 10' utility easement.
1.3.3 Compaction test results must be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
1.3.4 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.3.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. The applicant should be required to utilize any existing surface or well water for
the primary source. If a surface or well source is not available, a single -point connection to the
culinary water system shall be required. If a single -point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer. An underground, pressurized irrigation system should be installed
Exhibit B
so as
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and
MCC 9-1-28.
1.3.6 Where permanent fencing is not proposed on-site, temporary fencing shall be installed around the
subdivision boundary perimeter to contain construction debris prior to issuance of a building
permit. All permanent fencing shall taper down to 3 feet maximum within 20 feet of all right-of-
way. All fencing should be installed in accordance with UDC 11-3A-7.
1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.3.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexation /
preliminary plat does not relieve the applicant of responsibility for compliance.
13.9 All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
1.3.10 Final plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6B-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of sewer main in N.
Ridgebury Ave. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -
grade is less than three feet than alternate materials shall be used in conformance of City of
Meridian Public Works Departments Standard Specifications.
2.2 No manholes or water valves shall be allowed in the landscape islands.
2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The Applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, a single -point connection to the
culinary water system shall be required. If a single -point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer.
2.4 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.5 Floodplain: Any work or improvement within the floodway or floodplain on this property shall
file a floodplain development application with the City of Meridian Public Works Department
prior to commencement of the work.
3. FIRE DEPARTMENT
3.1 The proposed project has no fire department concerns.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-10) will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed.
6. SANITARY SERVICES DEPARTMENT
Exhibit B
so 00
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007
6.1 SSC has no comments related to the application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 On February 5, 2004, the Ada County Highway District commissioners approved the Vallin
Courts Subdivision (MMP03-042). The same conditions and restrictions apply to this application.
7.2 The Applicant will be required to pay all applicable platting and review fees prior to final
approval.
8. NAMPA & MERIDIAN IRRIGATION DISTRICT
8.1 Applicant shall apply for a land use change application prior to final platting.
8.2 All laterals and waste ways must be protected.
8.3 The District's Creason Lateral courses along the south boundary of this proposed project. This
easement must be protected and any encroachment without a signed License Agreement and
approved plan, before any construction is started, is unacceptable.
8.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District must review drainage plans.
8.5 The Developer must comply with Idaho Code 31-3805.
8.6 NMID recommends that irrigation water be made available to all developments within the Nampa
& Meridian Irrigation District.
9. CENTRAL DISTRICT HEALTH DEPARTMENT
9.1 After written approvals from appropriate entities are submitted, we can approve the proposal for
central sewage and central water.
9.2 The following plans must be submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality: central sewage and central water.
9.3 Run-off is not to create a mosquito breeding problem.
Exhibit B
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006
C. Required Findings from Unified Development Code
1. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed application is compatible with the adopted Comprehensive
Plan. The Council supports the proposed density and proposed plat layout as they comply with
the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals,
Section 8, of the Staff Report.
b. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Utilities were installed to the subject properties at the time of development of the Vallin Courts
Subdivision. Therefore, the Council finds that public services are readily available to
accommodate the proposed development.
c. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
All utilities are currently available to the subject property. Because any additional services will be
installed by the developer at their own cost, if needed, the Council finds that the subdivision will
not require the expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed development;
Staff and the Commission recommend Council rely upon comments from the public service
providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency
Comments and Conditions, for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare; and
The City Council is not aware of any health or safety issues associated with the development of
this subdivision. ACRD considers road safety issues in their analysis. Staff and the Commission
recommend City Council reference any public testimony that may be presented to determine
whether or not the proposed subdivision may cause health, safety or environmental problems of
which Staff and the Commission are unaware.
E The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the
Council finds that the proposed development will not result in the destruction, loss, or damage of
any natural, scenic, or historic feature(s) of major importance. Staff and the Commission
recommend the Council reference any public testimony that may be presented to determine
whether or not the proposed development may destroy or damage a natural or scenic feature(s) of
major importance of which Staff and the Commission are unaware.
Exhibit C
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Gelato Cafe LLC ITEM NO. 5-D
REQUEST Approve New Beer and Wine License for Gelato Cafe - 2053 E. Fairview
Avenue, Suite 101
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See Attached Approvals
Contacted: Date. Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become properly of the City of Meridian.
0• W•
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Union Pacific Railroad Company ITEM NO. 5-E
REQUEST Lease of Property between the Union Pacific Railroad Company (Lessor)
and the City of Meridian (Lessee)
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See Attached Lease
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT: bll�
SANITARY SERVICE COMPANY AfIr
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
•
Industrial Lease (Year To Year) 09-01-06
(Unimproved Property)
Form Approved, Law
Folder No. 238>6� 5®49
Audit (� No.
LEASE OF PROPERTY
(INDUSTRIAL LEASE - UNIMPROVED - YEAR TO YEAR)
THIS LEASE ("Lease") is entered into on the 2¢d day of July, 2007, between
UNION PACIFIC RAILROAD COMPANY ("Lessor") and THE CITY OF MERIDIAN, IDAHO, an
Idaho municipal corporation, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642
("Lessee").
IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
Article 1. PREMISES: USE.
Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises") at
Meridian, Idaho, shown on the print dated August 31, 2006, marked Exhibit A, hereto attached
and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto
and made a part hereof. The Premises may be used for a construction material storage yard,
and purposes incidental thereto, only, and for no other purpose.
Article 2. TERM.
The term of this Lease shall commence August 1, 2007, and, unless sooner terminated
as provided in this Lease, shall extend for one year and thereafter shall automatically be
extended from year to year.
Article 3. FIXED RENT.
A. Lessee shall pay to Lessor, in advance, fixed rent of One Thousand Two
Hundred Eleven Dollars ($1,211.00) per month. The rent shall be automatically increased by
Three percent (3%) per year, cumulative and compounded.
B. Not more than once every three (3) years, Lessor may redetermine the fixed rent.
If Lessor redetermines the rent, Lessor shall notify Lessee of such change.
Article 4. INSURANCE.
A. Before commencement of the term of this Lease, Lessee shall provide to Lessor
a certificate issued by its insurance carrier evidencing the insurance coverage required under
Exhibit C hereto attached and made a part hereof.
B. Not more frequently than once every two years, Lessor may reasonably modify
the required insurance coverage to reflect then -current risk management practices in the
railroad industry and underwriting practices in the insurance industry.
C. All insurance correspondence, certificates and endorsements shall be directed
to: Real Estate Department, 1400 Douglas Street STOP 1690, Omaha, Nebraska 68179-1690,
Folder No. 02388-86.
Article 5. SPECIAL PROVISION — FENCE/BARRICADE.
Lessee, at Lessee's sole cost and expense, shall construct and maintain, at all times
during the term of this Lease, a fence/barricade of a design satisfactory to Lessor, in the
location shown on the attached Exhibit A.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year
first herein written.
Lessor: Lessee:
UNION PACIFI ROAD COMPANY CITY OF MERIDIAN, IDAHO
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"toeal Estate Title:
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LEASE OF PROPERTY TO THE CITY OF MERIDIANI
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Industrial Lease (Year To Year) 09-01-06
(Unimproved Property)
Form Approved, Law
EXHIBIT B
TO
INDUSTRIAL LEASE (UNIMPROVED YEAR TO YEAR)
Section 1. IMPROVEMENTS.
realty. No improvements placed upon the Premises by Lessee shall become a part of the
Section 2. RESERVATIONS, TITLE AND PRIOR RIGHTS.
A. Lessor reserves to itself, its agents and contractors, the right to enter the
Premises at such times as will not unreasonably interfere with Lessee's use of the Premises.
B. Lessor reserves (i) the exclusive right to permit third party placement of
advertising signs on the Premises, and (ii) the right to construct, maintain and operate new and
existing facilities (including, without limitation, trackage, fences, communication facilities,
roadways and utilities) upon, over, across or under the Premises, and to grant to others such
rights, provided that Lessee's use of the Premises is not interfered with unreasonably.
C. Lessee acknowledges that Lessor makes no representations or warranties,
express or implied, concerning the title to the Premises, and that the rights granted to Lessee
under this Lease do not extend beyond such right, title or interest as Lessor may have in and to
the Premises. Without limitation of the foregoing, this Lease is made subject to all outstanding
rights, whether or not of record. Lessor reserves the right to renew any such outstanding rights
granted by Lessor or Lessor's predecessors.
D. Without limitation of Subparagraphs B. and C. above, Lessee shall not interfere
in any manner with the use or operation of any signboards now or hereafter placed on the
Premises or with any property uses in connection with such signboards (such as, by way of
example and not in limitation, roadways providing access to such signboards). In no event may
Lessee construct on the Premises any improvements that interfere in any manner with the
visibility or operation of any signboards now or hereafter on the Premises or on property in
proximity to the Premises.
Section 3. PAYMENT OF RENT.
Rent (which includes the fixed advance rent and all other amounts to be paid by
Lessee under this Lease) shall be paid in lawful money of the United States of America, at such
place as shall be designated by the Lessor, and without offset or deduction.
Section 4. TAXES AND ASSESSMENTS.
A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this
Lease on all personal property and improvements on the Premises not belonging to Lessor. If
such taxes are paid by Lessor, either separately or as a part of the levy on Lessor's real
property, Lessee shall reimburse Lessor in full within thirty (30) days after rendition of Lessor's
bill.
B. If the Premises are specially assessed for public improvements, the annual rent
will be automatically increased by 12% of the full assessment amount.
Section 5. WATER RIGHTS.
This Lease does not include any right to the use of water under any water right of
Lessor, or to establish any water rights except in the name of Lessor.
Section S. CARE AND USE OF PREMISES.
A. Lessee shall use reasonable care and caution against damage or destruction to
the Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose,
maintain any nuisance, permit any waste, or use the Premises in any way that creates a hazard
to persons or property. Lessee shall keep the sidewalks and public ways on the Premises, and
the walkways appurtenant to any railroad spur track(s) on or serving the Premises, free and
clear from any substance which might create a hazard.
B. Lessee shall not permit any sign on the Premises, except signs relating to
Lessee's business.
C. If any improvement on the Premises other than the Lessor Improvements is
damaged or destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such
casualty, remove all debris resulting therefrom. If Lessee fails to do so, Lessor may remove
such debris, and Lessee agrees to reimburse Lessor for all expenses incurred within thirty (30)
days after rendition of Lessor's bill.
D. Lessee shall comply with all governmental laws, ordinances, rules, regulations
and orders relating to Lessee's use of the Premises and this Lease, including, without limitation,
any requirements for subdividing or platting the Premises.
Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES.
A. Without the prior written consent of Lessor, Lessee shall not use or permit the
use of the Premises for the generation, use, treatment, manufacture, production, storage or
recycling of any Hazardous Substances, except that Lessee may use, if lawful, small quantities
of common chemicals such as adhesives, lubricants and cleaning fluids in order to conduct
business at the Premises. The consent of Lessor may be withheld by Lessor for any reason
whatsoever, and may be subject to conditions in addition to those set forth below. It shall be the
sole responsibility of Lessee to determine whether or not a contemplated use of the Premises is
a Hazardous Substance use.
B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous
Substances, (ii) bring any hazardous wastes as defined in RCRA onto the Premises, (iii) install
or use on the Premises any underground storage tanks, or (iv) store any Hazardous Substances
within one hundred feet (100') of the center line of any main track.
C. If Lessee uses or permits the use of the Premises for a Hazardous Substance
use, with or without Lessor's consent, Lessee shall furnish to Lessor copies of all permits,
identification numbers and notices issued by governmental agencies in connection with such
Hazardous Substance use, together with such other information on the Hazardous Substance
use as may be requested by Lessor. If requested by Lessor, Lessee shall cause to be
performed an environmental assessment of the Premises upon termination of the Lease and
shall furnish Lessor a copy of such report, at Lessee's sole cost and expense.
D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be
responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any
manner to any Hazardous Substance use of the Premises (or any property in proximity to the
Premises) during the term of this Lease or, if longer, during Lessee's occupancy of the
Premises, regardless of Lessor's consent to such use or any negligence, misconduct or strict
liability of any Indemnified Party (as defined in Section 12), and including, without limitation, (i)
any diminution in the value of the Premises and/or any adjacent property of any of the
Indemnified Parties, and (ii) the cost and expense of clean-up, restoration, containment,
remediation, decontamination, removal, investigation, monitoring, closure or post -closure.
Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substances (i)
existing on, in or under the Premises prior to the earlier to occur of the commencement of the
term of the Lease or Lessee's taking occupancy of the Premises, or (ii) migrating from adjacent
property not controlled by Lessee, or (iii) placed on, in or under the Premises by any of the
Indemnified Parties; except where the Hazardous Substance is discovered by, or the
contamination is exacerbated by, any excavation or investigation undertaken by or at the behest
of Lessee. Lessee shall have the burden of proving by a preponderance of the evidence that
any of the foregoing exceptions to Lessee's responsibility for Hazardous Substances applies.
E. In addition to the other rights and remedies of Lessor under this Lease or as may
be provided by law, if Lessor reasonably determines that the Premises may have been used
during the term of this Lease or any prior lease with Lessee for all or any portion of the
Premises, or are being used for any Hazardous Substance use, with or without Lessor's
consent thereto, and that a release or other contamination may have occurred, Lessor may, at
its election and at any time during the life of this Lease or thereafter (i) cause the Premises
and/or any adjacent premises of Lessor to be tested, investigated, or monitored for the
presence of any Hazardous Substance, (ii) cause any Hazardous Substance to be removed
from the Premises and any adjacent lands of Lessor, (iii) cause to be performed any restoration
of the Premises and any adjacent lands of Lessor, and (iv) cause to be performed any
remediation of, or response to, the environmental condition of the Premises and the adjacent
lands of Lessor, as Lessor reasonably may deem necessary or desirable, and the cost and
expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days after rendition
of Lessor's bill. In addition, Lessor may, at its election, require Lessee, at Lessee's sole cost
and expense, to perform such work, in which event, Lessee shall promptly commence to
perform and thereafter diligently prosecute to completion such work, using one or more
contractors and a supervising consulting engineer approved in advance by Lessor.
F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i)
those substances included within the definitions of "hazardous substance", "pollutant",
"contaminant", or "hazardous waste", in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seg., as amended or in RCRA,
the regulations promulgated pursuant to either such Act, or state laws and regulations similar to
or promulgated pursuant to either such Act, (ii) any material, waste or substance which is (A)
petroleum, (B) asbestos, (C) flammable or explosive, or (D) radioactive; and (iii) such other
substances, materials and wastes which are or become regulated or classified as hazardous or
toxic under any existing or future federal, state or local law.
n�
Section 8. UTILITIES.
C�
A. Lessee will arrange and pay for all utilities and services supplied to the Premises
or to Lessee.
B. All utilities and services will be separately metered to Lessee. If not separately
metered, Lessee shall pay its proportionate share as reasonably determined by Lessor.
Section 9. LIENS.
Lessee shall not allow any liens to attach to the Premises for any services, labor
or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises.
Lessor shall have the right to discharge any such liens at Lessee's expense.
Section 10. ALTERATIONS AND IMPROVEMENTS: CLEARANCES.
A. No alterations, improvements or installations may be made on the Premises
without the prior consent of Lessor. Such consent, if given, shall be subject to the needs and
requirements of the Lessor in the operation of its Railroad and to such other conditions as
Lessor determines to impose. In all events such consent shall be conditioned upon strict
conformance with all applicable governmental requirements and Lessor's then -current
clearance standards.
B. All alterations, improvements or installations shall be at Lessee's sole cost and
expense.
C. Lessee shall comply with Lessor's then -current clearance standards, except (i)
where to do so would cause Lessee to violate an applicable governmental requirement, or (ii)
for any improvement or device in place prior to Lessee taking possession of the Premises if
such improvement or device complied with Lessor's clearance standards at the time of its
installation.
D. Any actual or implied knowledge of Lessor of a violation of the clearance
requirements of this Lease or of any governmental requirements shall not relieve Lessee of the
obligation to comply with such requirements, nor shall any consent of Lessor be deemed to be a
representation of such compliance.
Section 11. AS -IS.
Lessee accepts the Premises in its present condition with all faults, whether
patent or latent, and without warranties or covenants, express or implied. Lessee
acknowledges that Lessor shall have no duty to maintain, repair or improve the Premises.
Section 12. RELEASE AND INDEMNITY.
A. As a material part of the consideration for this Lease, Lessee, to the extent it may
lawfully do so, waives and releases any and all claims against Lessor for, and agrees to
indemnify, defend and hold harmless Lessor, its affiliates, and its and their officers, agents and
employees ("Indemnified Parties") from and against, any loss, damage (including, without
limitation, punitive or consequential damages), injury, liability, claim, demand, cost or expense
(including, without limitation, attorneys' fees and court costs), fine or penalty (collectively,
"Loss") incurred by any person (including, without limitation, Lessor, Lessee, or any employee of
Lessor or Lessee) (i) for personal injury or property damage caused to any person while on or
about the Premises, or (ii) arising from or related to any use of the Premises by Lessee or any
invitee or licensee of Lessee, any act or omission of Lessee, its officers, agents, employees,
licensees or invitees, or any breach of this Lease by Lessee.
B. The foregoing release and indemnity shall apply regardless of any negligence,
misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not
apply to any Loss determined by final order of a court of competent jurisdiction to have been
caused by the sole active direct negligence of any Indemnified Party.
C. Where applicable to the Loss, the liability provisions of any contract between
Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall
govern the Loss and shall supersede the provisions of this Section 12.
D. No provision of this Lease with respect to insurance shall limit the extent of the
release and indemnity provisions of this Section 12.
Section 13. TERMINATION.
A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of
termination, if Lessee (i) defaults under any obligation of Lessee under this Lease and, after
written notice is given by Lessor to Lessee specifying the default, Lessee fails either to
immediately commence to cure the default, or to complete the cure expeditiously but in all
events within thirty (30) days after the default notice is given, or (ii) Lessee abandons the
Premises for a period of one hundred twenty (120) consecutive days.
B. Notwithstanding the terms of this Lease set forth in Article 11, Lessor or Lessee
may terminate this Lease without cause upon thirty (30) days' notice to the other party;
provided, however, that at Lessor's election, no such termination by Lessee shall be effective
unless and until Lessee has vacated and restored the Premises as required in Section 15A, at
which time Lessor shall refund to Lessee, on a pro rata basis, any unearned rental paid in
advance.
Section 14. LESSOR'S REMEDIES.
Lessor's remedies for Lessee's default are to (a) enter and take possession of
the Premises, without terminating this Lease, and relet the Premises on behalf of Lessee,
collect and receive the rent from reletting, and charge Lessee for the cost of reletting, and/or (b)
terminate this Lease as provided in Section 13 above and sue Lessee for damages, and/or (c)
exercise such other remedies as Lessor may have at law or in equity. Lessor may enter and
take possession of the Premises by self-help, by changing locks, if necessary, and may lock out
Lessee, all without being liable for damages.
Section 15. VACATION OF PREMISES; REMOVAL OF LESSEE'S PROPERTY.
A. Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and
quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving
any notice to quit or demand for possession, and (ii) shall have removed from the Premises all
structures, property and other materials not belonging to Lessor, and restored the surface to as
good a condition as the same was in before such structures were erected, including, without
limitation, the removal of foundations, the filling in of excavations and pits, and the removal of
debris and rubbish.
B. If Lessee has not completed such removal and restoration within thirty (30) days
after termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform
the work and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill
is rendered, (ii) take title to all or any portion of such structures or property by giving notice of
such election to Lessee, and/or (iii) treat Lessee as a holdover tenant at will until such removal
and restoration is completed.
Section 16. FIBER OPTICS.
Lessee shall telephone Lessor during normal business hours (7:00 a.m. to 9:00
p.m., Central Time, Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-
hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried on the
Premises. Lessor may change the telephone number and hours of operation by giving Lessee
notice of the change. If cable is buried on the Premises, Lessee will telephone the
telecommunications company(ies), arrange for a cable locator, and make arrangements for
relocation or other protection of the cable. Notwithstanding compliance by Lessee with this
Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any
damage or destruction of any telecommunications system.
Section 17. NOTICES.
Any notice, consent or approval to be given under this Lease shall be in writing,
and personally served, sent by reputable courier service, or sent by certified mail, postage
prepaid, return receipt requested, to Lessor at: Union Pacific Railroad Company, Attn: General
Manager - Real Estate, Real Estate Department, 1400 Douglas Street, Stop 1690, Omaha,
Nebraska 68179; and to Lessee at the above address, or such other address as a party may
designate in notice given to the other party. Mailed notices shall be deemed served five (5)
days after deposit in the U.S. Mail. Notices which are personally served or sent by courier
service shall be deemed served upon receipt.
Section 18. ASSIGNMENT.
A. Lessee may sublease the Premises or assign this Lease, by operation of law or
otherwise, only if Lessee provides Lessor with advance notice of the assignment or sublease
and the subtenant's or assignee's written agreement for the benefit of Lessor to be bound by the
terms of this Lease. No subletting or assignment shall relieve Lessee of its obligations under
this Lease. Any assignment or sublease by Lessee in violation of this Paragraph A shall be void
and ineffective and shall, at the option of Lessor, result in an immediate termination of this
Lease.
B. Subject to this Section 18, this Lease shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
Section 19. CONDEMNATION.
If, as reasonably determined by Lessor, the Premises cannot be used by Lessee
because of a condemnation or sale in lieu of condemnation, then this Lease shall automatically
terminate. Lessor shall be entitled to the entire award or proceeds for any total or partial
condemnation or sale in lieu thereof, including, without limitation, any award or proceeds for the
value of the leasehold estate created by this Lease. Notwithstanding the foregoing, Lessee
shall have the right to pursue recovery from the condemning authority of such compensation as
•
may be separately awarded to Lessee for Lessee's relocation expenses, the taking of Lessee's
personal property and fixtures, and the interruption of or damage to Lessee's business.
Section 20. ATTORNEY'S FEES.
If either party retains an attorney to enforce this Lease (including, without
limitation, the indemnity provisions of this Lease), the prevailing party is entitled to recover
reasonable attorney's fees.
Section 21. RIGHTS AND OBLIGATIONS OF LESSOR.
If any of the rights and obligations of Lessor under this Lease are substantially
and negatively affected by any changes in the laws applicable to this Lease, whether statutory,
regulatory or under federal or state judicial precedent, then Lessor may require Lessee to enter
into an amendment to this Lease to eliminate the negative effect on Lessor's rights and
obligations to the extent reasonably possible.
Section 22. ENTIRE AGREEMENT.
This Lease is the entire agreement between the parties, and supersedes all other oral or
written agreements between the parties pertaining to this transaction. This Lease may be
amended only by a written instrument signed by Lessor and Lessee.
Approved: Insurance Group
Created: 2/10/06
Last Modified: 02/06/07
Union Pacific Railroad
Contract Insurance Requirements
Lease of Land — Self -Insured
Lessee shall be permitted to self -insure, except Lessor reserves the right to
withdraw its authorization to self -insure by providing Lessee with 90 days written
notice, during the life of this Agreement (except as otherwise provided in this
Agreement), the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability
(CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate
limit of not less than $4,000,000. CGL insurance must be written on ISO
occurrence form CG 00 01 12 04 (or a substitute form providing equivalent
coverage). The policy must also contain the following endorsement, which must
be stated on the certificate of insurance: Contractual Liability Railroads ISO form
CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing
"Union Pacific Property" as the Designated Job Site.
B. Business Automobile Coverage insurance. Business auto coverage
written on ISO form CA 00 01 (or a substitute form providing equivalent liability
coverage) with a combined single limit of not less $2,000,000 for each accident,
and coverage must include liability arising out of any auto (including owned,
hired, and non -owned autos).
The policy must contain the following endorsements, which must be stated on the
certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form
CA 20 70 10 01 (or a substitute form providing equivalent coverage)
showing "Union Pacific Property" as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS -90)
if required by law.
C. Workers Compensation and Employers Liability insurance. Coverage
must include but not be limited to:
• Lessee's statutory liability under the workers' compensation laws of the
state(s) affected by this Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident,
$500,000 disease policy limit $500,000 each employee.
If Lessee is self-insured, evidence of state approval and excess workers
compensation coverage must be provided. Coverage must include liability arising
out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and
the Outer Continental Shelf Land Act, if applicable.
•
Approved: Insurance Group
Created: 2/10/06
Last Modified: 02/06/07
In any and all Claims against Railroad by any employee of Lessee, Lessee's
indemnification obligation under this section shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits
payable under any workers compensation acts, disability benefits acts or other
employee benefits acts.
D. Pollution Liability insurance. If permitted use as defined in this Lease
includes any generation, handling, enrichment, storage, manufacture, or
production of hazardous materials pollution liability insurance is required.
Pollution liability coverage must be written on ISO form Pollution Liability
Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing
equivalent liability coverage), with limits of at least $1,000,000 per occurrence
and an aggregate limit of $2,000,000.
If hazardous materials are disposed of from the premises, Lessee must furnish to
Lessor evidence of pollution legal liability insurance maintained by the disposal
site operator for losses arising from the insured facility accepting the materials,
with coverage in minimum amounts of $1,000,000 per loss, and an annual
aggregate of $2,000,000.
E. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess
policies, these policies must "follow form" and afford no less coverage than the
primary policy.
Other Requirements
F. All policy(ies) required above must include Railroad as "Additional Insured"
using ISO Additional Insured Endorsement CG 20 11 (or a substitute form
providing equivalent coverage). The coverage provided to Lessor as additional
insured shall, to the extent provided under ISO Additional Insured Endorsement
CG 20 11, provide coverage for Lessor's negligence whether sole or partial,
active or passive, and shall not be limited by Lessee's liability under the
indemnity provisions of this Lease.
G. Lessee waives all rights against Lessor and its agents, officers, directors
and employees for recovery of damages to the extent these damages are
covered by the workers compensation and employers' liability or commercial
umbrella or excess liability insurance obtained by Lessee required by this
agreement.
H. Punitive damages exclusion, if any, must be deleted (and the deletion
indicated on the certificate of insurance), unless (a) insurance coverage may not
lawfully be obtained for any punitive damages that may arise under this Lease, or
(b) all punitive damages are prohibited by all states in which these premise(s) are
located.
2
Approved: Insurance Group
Created: 2/10/06
Last Modified: 02/06/07
I. Prior to the effective date of the Lessee, Lessor shall furnish Railroad with
a certificate(s) of insurance, executed by a duly authorized representative of
each insurer, showing compliance with the insurance requirements of this
Agreement; or,. if Lessor's insurance obligation in this Agreement is retained by
Lessor, Lessor shall furnish Railroad with a completed and executed Declaration
of Self -Insurance from its Risk Manager or equivalent officer certifying that the
program to manage its risk of loss will comply with the insurance requirements of
this Agreement.
J. All insurance policies must be written by a reputable insurance company
acceptable to Lessor or with a current Best's Insurance Guide Rating of A- and
Class VII or better, and authorized to do business in the state where the Land is
located.
K. The fact that insurance is obtained by Lessee, or by Lessor on behalf of
Lessee, will not be deemed to release or diminish the liability of Lessee,
including, without limitation, liability under the indemnity provisions of this
Agreement. Damages recoverable by Lessor from Lessee or any third party will
not be limited by the amount of the required insurance coverage.
00 i•
Sharon Smith
From: Ted Baird
Sent: Monday, July 16, 2007 2:55 PM
To: Will Berg; 'Steve Simmons'; 'Steve Christiansen'
Cc: Tammy de Weerd; Keith Watts; 'Jon Anderson; 'Wesley Bettis Jr.; Gene Bennett; Tara
Green; Sharon Smith
Subject: THE UPRR LEASE IS HERE! REPEAT: THE UPRR LEASE IS HERE!
Attachments: lease agreement.pdf
"PDF
1
lease
;ment.pdf (14'
Clerks: Please prepare two original counterparts for execution on next week's
consent agenda.
Will: can you help fulfill the insurance requirement?
Architects: Note that UP is requesting the installation of a permanent fence along the RR
corridor. Can you incorporate decorative fence alternatives into your parking lot design?
Construction Manager: They did not acknowledge the plans for excavation that were sent
over. Let's get this document signed and then pursue a separate approval for the work you
have planned.
I think that's it.
Can I stop attending the semi-weekly meetings now?
Ted
-----Original Message -----
From: JELARSON@up.com [mailto:JELARSON@up.com] On Behalf Of JELARSOI@up.com
Sent: Monday, July 16, 2007 2:31 PM
To: Ted Baird
Subject: Proposed lease at
Attached to this email is a pdf file consisting of a lease covering your proposed use of
railroad right of way at Meridian, Idaho.
Please print two original counterparts of this document, have them signed by the
appropriate party, and return both in an envelope addressed to my attention and including
a reference to "Folder No. 2388-86".
Please return a check in the amount of $1,211.00 with "Folder No. 2388-86"
written on the front. Future rental bills will be sent to the address listed in the first
paragraph of the lease agreement, payments should be directed to the address on the
invoices.
You should also return a certificate of insurance that meets the requirements of Exhibit
"C" of the agreement, and includes a reference to "Folder No. 2388-86".
Both original counterparts of this lease document along with the check and certificate of
insurance should be returned within 30 days of the date of this email for consideration by
Railroad Company management.
NOTHiNG IN THIS EMAIL SHOULD BE CONSTRUED AS A COMMITMENT TO LEASE REAL PROPERTY AS SUCH A
COMMITMENT REQUIRES FORMAL RAILROAD MANAGEMENT APPROVAL.
IF SUCH APPROVAL IS RECEIVED, A FULLY EXECUTED COPY OF THE LEASE WILL BE RETURNED TO YOU.
1
00
• •
If this approval is received, a fully -executed original will be returned to you for your
records. If it is not approved, your check will be returned to you.
If you have any questions regarding this Lease, please don't hesitate to contact me.
Jim Larson
Manager Real Estate
Union Pacific Railroad Company
1400 Douglas St - Mail Stop 1690
Omaha, NE 68179-1690
phone 402-544-8561
fax 402-501-0340
email jelarson@up.com
(See attached file: lease agreement.pdf).
This message and any attachments contain information from Union Pacific which may be
confidential and/or privileged.
If you are not the intended recipient, be aware that any disclosure, copying, distribution
or use of the contents of this message is strictly prohibited by law. If you receive this
message in error, please contact the sender immediately and delete the message and any
attachments.
2
00 0•
Industrial Lease (Year To Year) 09-01-06 Folder No. 2388-86
(Unimproved Property) Audit No.
Form Approved, Law
LEASE OF PROPERTY
(INDUSTRIAL LEASE - UNIMPROVED - YEAR TO YEAR)
THIS LEASE ("Lease") is entered into on the 24'1 day of July, 2007, between
UNION PACIFIC RAILROAD COMPANY ("Lessor") and THE CITY OF MERIDIAN, IDAHO, an
Idaho municipal corporation, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642
("Lessee").
IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
Article 1. PREMISES: USE.
Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises") at
Meridian, Idaho, shown on the print dated August 31, 2006, marked Exhibit A, hereto attached
and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto
and made a part hereof. The Premises may be used for a construction material storage yard,
and purposes incidental thereto, only, and for no other purpose.
Article 2. TERM.
The term of this Lease shall commence August 1, 2007, and, unless sooner terminated
as provided in this Lease, shall extend for one year and thereafter shall automatically be
extended from year to year.
Article 3. FIXED RENT.
A. Lessee shall pay to Lessor, in advance, fixed rent of One Thousand Two
Hundred Eleven Dollars ($1,211.00) per month. The rent shall be automatically increased by
Three percent (3%) per year, cumulative and compounded.
B. Not more than once every three (3) years, Lessor may redetermine the fixed rent.
If Lessor redetermines the rent, Lessor shall notify Lessee of such change.
Article 4. INSURANCE.
A. Before commencement of the term of this Lease, Lessee shall provide to Lessor
a certificate issued by its insurance carrier evidencing the insurance coverage required under
Exhibit C hereto attached and made a part hereof.
B. Not more frequently than once every two years, Lessor may reasonably modify
the required insurance coverage to reflect then -current risk management practices in the
railroad industry and underwriting practices in the insurance industry.
C. All insurance correspondence, certificates and endorsements shall be directed
to: Real Estate Department, 1400 Douglas Street STOP 1690, Omaha, Nebraska 68179-1690,
Folder No. 02388-86.
00 •i
Article 5. SPECIAL PROVISION — FENCE/BARRICADE.
Lessee, at Lessee's sole cost and expense, shall construct and maintain, at all times
during the term of this Lease, a fence/barricade of a design satisfactory to Lessor, in the
location shown on the attached Exhibit A.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year
first herein written.
Lessor:
UNION PACIFIC RAILROAD COMPANY
By
Director — Real Estate
NOTE:
Lessee:
CITY OF MERIDIAN, IDAHO
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Industrial Lease (Year To Year) 09-01-06
(Unimproved Property)
Form Approved, Law
EXHIBIT B
TO
INDUSTRIAL LEASE (UNIMPROVED YEAR TO YEAR)
Section 1. IMPROVEMENTS.
realty. No improvements placed upon the Premises by Lessee shall become a part of the
Section 2. RESERVATIONS, TITLE AND PRIOR RIGHTS.
A. Lessor reserves to itself, its agents and contractors, the right to enter the
Premises at such times as will not unreasonably interfere with Lessee's use of the Premises.
B. Lessor reserves (i) the exclusive right to permit third party placement of
advertising signs on the Premises, and (ii) the right to construct, maintain and operate new and
existing facilities (including, without limitation, trackage, fences, communication facilities,
roadways and utilities) upon, over, across or under the Premises, and to grant to others such
rights, provided that Lessee's use of the Premises is not interfered with unreasonably.
C. Lessee acknowledges that Lessor makes no representations or warranties,
express or implied, concerning the title to the Premises, and that the rights granted to Lessee
under this Lease do not extend beyond such right, title or interest as Lessor may have in and to
the Premises. Without limitation of the foregoing, this Lease is made subject to all outstanding
rights, whether or not of record. Lessor reserves the right to renew any such outstanding rights
granted by Lessor or Lessor's predecessors.
D. Without limitation of Subparagraphs B. and C. above, Lessee shall not interfere
in any manner with the use or operation of any signboards now or hereafter placed on the
Premises or with any property uses in connection with such signboards (such as, by way of
example and not in limitation, roadways providing access to such signboards). In no event may
Lessee construct on the Premises any improvements that interfere in any manner with the
visibility or operation of any signboards now or hereafter on the Premises or on property in
proximity to the Premises.
Section 3. PAYMENT OF RENT.
Rent (which includes the fixed advance rent and all other amounts to be paid by
Lessee under this Lease) shall be paid in lawful money of the United States of America, at such
place as shall be designated by the Lessor, and without offset or deduction.
Section 4. TAXES AND ASSESSMENTS.
A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this
Lease on all personal property and improvements on the Premises not belonging to Lessor. If
such taxes are paid by Lessor, either separately or as a part of the levy on Lessor's real
property, Lessee shall reimburse Lessor in full within thirty (30) days after rendition of Lessor's
bill.
B. If the Premises are specially assessed for public improvements, the annual rent
will be automatically increased by 12% of the full assessment amount.
Section 6. WATER RIGHTS.
This Lease does not include any right to the use of water under any water right of
Lessor, or to establish any water rights except in the name of Lessor.
Section 6. CARE AND USE OF PREMISES.
A. Lessee shall use reasonable care and caution against damage or destruction to
the Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose,
maintain any nuisance, permit any waste, or use the Premises in any way that creates a hazard
to persons or property. Lessee shall keep the sidewalks and public ways on the Premises, and
the walkways appurtenant to any railroad spur track(s) on or serving the Premises, free and
clear from any substance which might create a hazard.
B. Lessee shall not permit any sign on the Premises, except signs relating to
Lessee's business.
C. If any improvement on the Premises other than the Lessor Improvements is
damaged or destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such
casualty, remove all debris resulting therefrom. If Lessee fails to do so, Lessor may remove
such debris, and Lessee agrees to reimburse Lessor for all expenses incurred within thirty (30)
days after rendition of Lessors bill.
D. Lessee shall comply with all governmental laws, ordinances, rules, regulations
and orders relating to Lessee's use of the Premises and this Lease, including, without limitation,
any requirements for subdividing or platting the Premises.
Section 7. HAZARDOUS MATERIALS SUBSTANCES AND WASTES.
A. Without the prior written consent of Lessor, Lessee shall not use or permit the
use of the Premises for the generation, use, treatment, manufacture, production, storage or
recycling of any Hazardous Substances, except that Lessee may use, if lawful, small quantities
of common chemicals such as adhesives, lubricants and cleaning fluids in order to conduct
business at the Premises. The consent of Lessor may be withheld by Lessor for any reason
whatsoever, and may be subject to conditions in addition to those set forth below. It shall be the
sole responsibility of Lessee to determine whether or not a contemplated use of the Premises is
a Hazardous Substance use.
B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous
Substances, (ii) bring any hazardous wastes as defined in RCRA onto the Premises,(iii) install
or use on the Premises any underground storage tanks, or (iv) store any Hazardous Substances
within one hundred feet (1001) of the center line of any main track.
C. If Lessee uses or permits the use of the Premises for a Hazardous Substance
use, with or without Lessors consent, Lessee shall furnish to Lessor copies of all permits,
identification numbers and notices issued by governmental agencies in connection with such
Hazardous Substance use, together with such other information on the Hazardous Substance
use as may be requested by Lessor. If requested by Lessor, Lessee shall cause to be
performed an environmental assessment of the Premises upon termination of the Lease and
shall furnish Lessor a copy of such report, at Lessee's sole cost and expense.
D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be
responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any
manner to any Hazardous Substance use of the Premises (or any property in proximity to the
Premises) during the term of this Lease or, if longer, during Lessee's occupancy of the
Premises, regardless of Lessor's consent to such use or any negligence, misconduct or strict
liability of any Indemnified Party (as defined in Section 12), and including, without limitation, (i)
any diminution in the value of the Premises and/or any adjacent property of any of the
Indemnified Parties, and (ii) the cost and expense of clean-up, restoration, containment,
remediation, decontamination, removal, investigation, monitoring, closure or post -closure.
Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substances (i)
existing on, in or under the Premises prior to the earlier to occur of the commencement of the
term of the Lease or Lessee's taking occupancy of the Premises, or (ii) migrating from adjacent
property not controlled by Lessee, or (iii) placed on, in or under the Premises by any of the
Indemnified Parties; except where the Hazardous Substance is discovered by, or the
contamination is exacerbated by, any excavation or investigation undertaken by or at the behest
of Lessee. Lessee shall have the burden of proving by a preponderance of the evidence that
any of the foregoing exceptions to Lessee's responsibility for Hazardous Substances applies.
E. In addition to the other rights and remedies of Lessor under this Lease or as may
be provided by law, if Lessor reasonably determines that the Premises may have been used
during the term of this Lease or any prior lease with Lessee for all or any portion of the
Premises, or are being used for any Hazardous Substance use, with or without Lessor's
consent thereto, and that a release or other contamination may have occurred, Lessor may, at
its election and at any time during the life of this Lease or thereafter (i) cause the Premises
and/or any adjacent premises of Lessor to be tested, investigated, or monitored for the
presence of any Hazardous Substance, (ii) cause any Hazardous Substance to be removed
from the Premises and any adjacent lands of Lessor, (iii) cause to be performed any restoration
of the Premises and any adjacent lands of Lessor, and (iv) cause to be performed any
remediation of, or response to, the environmental condition of the Premises and the adjacent
lands of Lessor, as Lessor reasonably may deem necessary or desirable, and the cost and
expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days after rendition
of Lessor's bill. In addition, Lessor may, at its election, require Lessee, at Lessee's sole cost
and expense, to perform such work, in which event, Lessee shall promptly commence to
perform and thereafter diligently prosecute to completion such work, using one or more
contractors and a supervising consulting engineer approved in advance by Lessor.
F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i)
those substances included within the definitions of "hazardous substance", "pollutant",
"contaminant", or "hazardous waste", in the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seg., as amended or in RCRA,
the regulations promulgated pursuant to either such Act, or state laws and regulations similar to
or promulgated pursuant to either such Act, (ii) any material, waste or substance which is (A)
petroleum, (B) asbestos, (C) flammable or explosive, or (D) radioactive; and (iii) such other
substances, materials and wastes which are or become regulated or classified as hazardous or
toxic under any existing or future federal, state or local law.
Section 8. UTILITIES.
A. Lessee will arrange and pay for all utilities and services supplied to the Premises
or to Lessee.
B. All utilities and services will be separately metered to Lessee. If not separately
metered, Lessee shall pay its proportionate share as reasonably determined by Lessor.
Section 9. LIENS.
Lessee shall not allow any liens to attach to the Premises for any services, labor
or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises.
Lessor shall have the right to discharge any such liens at Lessee's expense.
Section 10. ALTERATIONS AND IMPROVEMENTS: CLEARANCES.
A. No alterations, improvements or installations may be made on the Premises
without the prior consent of Lessor. Such consent, if given, shall be subject to the needs and
requirements of the Lessor in the operation of its Railroad and to such other conditions as
Lessor determines to impose. In all events such consent shall be conditioned upon strict
conformance with all applicable governmental requirements and Lessor's then -current
clearance standards.
B. All alterations, improvements or installations shall be at Lessee's sole cost and
expense.
C. Lessee shall comply with Lessor's then -current clearance standards, except (i)
where to do so would cause Lessee to violate an applicable governmental requirement, or (ii)
for any improvement or device in place prior to Lessee taking possession of the Premises if
such improvement or device complied with Lessor's clearance standards at the time of its
installation.
D. Any actual or implied knowledge of Lessor of a violation of the clearance
requirements of this Lease or of any governmental requirements shall not relieve Lessee of the
obligation to comply with such requirements, nor shall any consent of Lessor be deemed to be a
representation of such compliance.
Section 11. AS -IS.
Lessee accepts the Premises in its present condition with all faults, whether
patent or latent, and without warranties or covenants, express or implied. Lessee
acknowledges that Lessor shall have no duty to maintain, repair or improve the Premises.
Section 12. RELEASE AND INDEMNITY.
A. As a material part of the consideration for this Lease, Lessee, to the extent it may
lawfully do so, waives and releases any and all claims against Lessor for, and agrees to
indemnify, defend and hold harmless Lessor, its affiliates, and its and their officers, agents and
employees ("Indemnified Parties') from and against, any loss, damage (including, without
limitation, punitive or consequential damages), injury, liability, claim, demand, cost or expense
(including, without limitation, attorneys' fees and court costs), fine or penalty (collectively,
"Loss") incurred by any person (including, without limitation, Lessor, Lessee, or any employee of
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Lessor or Lessee) (i) for personal injury or property damage caused to any person while on or
about the Premises, or (ii) arising from or related to any use of the Premises by Lessee or any
invitee or licensee of Lessee, any act or omission of Lessee, its officers, agents, employees,
licensees or invitees, or any breach of this Lease by Lessee.
B. The foregoing release and indemnity shall apply regardless of any negligence,
misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not
apply to any Loss determined by final order of a court of competent jurisdiction to have been
caused by the sole active direct negligence of any Indemnified Party.
C. Where applicable to the Loss, the liability provisions of any contract between
Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall
govern the Loss and shall supersede the provisions of this Section 12.
D. No provision of this Lease with respect to insurance shall limit the extent of the
release and indemnity provisions of this Section 12.
Section 13. TERMINATION.
A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of
termination, if Lessee (i) defaults under any obligation of Lessee under this Lease and, after
written notice is given by Lessor to Lessee specifying the default, Lessee fails either to
immediately commence to cure the default, or to complete the cure expeditiously but in all
events within thirty (30) days after the default notice is given, or (ii) Lessee abandons the
Premises for a period of one hundred twenty (120) consecutive days.
B. Notwithstanding the terms of this Lease set forth in Article II, Lessor or Lessee
may terminate this Lease without cause upon thirty (30) days' notice to the other party;
provided, however, that at Lessor's election, no such termination by Lessee shall be effective
unless and until Lessee has vacated and restored the Premises as required in Section 15A, at
which time Lessor shall refund to Lessee, on a pro rata basis, any unearned rental paid in
advance.
Section 14. LESSOR'S REMEDIES.
Lessor's remedies for Lessee's default are to (a) enter and take possession of
the Premises, without terminating this Lease, and relet the Premises on behalf of Lessee,
collect and receive the rent from reletting, and charge Lessee for the cost of reletting, and/or (b)
terminate this Lease as provided in Section 13 above and sue Lessee for damages, and/or (c)
exercise such other remedies as Lessor may have at law or in equity. Lessor may enter and
take possession of the Premises by self-help, by changing locks, if necessary, and may lock out
Lessee, all without being liable for damages.
Section 15. VACATION OF PREMISES: REMOVAL OF LESSEE'S PROPERTY.
A. Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and
quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving
any notice to quit or demand for possession, and (ii) shall have removed from the Premises all
structures, property and other materials not belonging to Lessor, and restored the surface to as
good a condition as the same was in before such structures were erected, including, without
limitation; the removal of foundations, the filling in of excavations and pits, and the removal of
debris and rubbish.
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B. If Lessee has not completed such removal and restoration within thirty (30) days
after termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform
the work and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill
is rendered, (ii) take title to all or any portion of such structures or property by giving notice of
such election to Lessee, and/or (iii) treat Lessee as a holdover tenant at will until such removal
and restoration is completed.
Section 16. FIBER OPTICS.
Lessee shall telephone Lessor during normal business hours (7:00 a.m. to 9:00
p.m., Central Time, Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-
hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried on the
Premises. Lessor may change the telephone number and hours of operation by giving Lessee
notice of the change. If cable is buried on the Premises, Lessee will telephone the
telecommunications company(ies), arrange for a cable locator, and make arrangements for
relocation or other protection of the cable. Notwithstanding compliance by Lessee with this
Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any
damage or destruction of any telecommunications system.
Section 17. NOTICES.
Any notice, consent or approval to be given under this Lease shall be in writing,
and personally served, sent by reputable courier service, or sent by certified mail, postage
prepaid, return receipt requested, to Lessor at: Union Pacific Railroad Company, Attn: General
Manager - Real Estate, Real Estate Department, 1400 Douglas Street, Stop 1690, Omaha,
Nebraska 68179; and to Lessee at the above address, or such other address as a party may
designate in notice given to the other party. Mailed notices shall be deemed served five (5)
days after deposit in the U.S. Mail. Notices which are personally served or sent by courier
service shall be deemed served upon receipt.
Section 18. ASSIGNMENT.
A. Lessee may sublease the Premises or assign this Lease, by operation of law or
otherwise, only if Lessee provides Lessor with advance notice of the assignment or sublease
and the subtenant's or assignee's written agreement for the benefit of Lessor to be bound by the
terms of this Lease. No subletting or assignment shall relieve Lessee of its obligations under
this Lease. Any assignment or sublease by Lessee in violation of this Paragraph A shall be void
and ineffective and shall, at the option of Lessor, result in an immediate termination of this
Lease.
B. Subject to this Section 18, this Lease shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
Section 19. CONDEMNATION.
If, as reasonably determined by Lessor, the Premises cannot be used by Lessee
because of a condemnation or sale in lieu of condemnation, then this Lease shall automatically
terminate. Lessor shall be entitled to the entire award or proceeds for any total or partial
condemnation or sale in lieu thereof, including, without limitation, any award or proceeds for the
value of the leasehold estate created by this Lease. Notwithstanding the foregoing, Lessee
shall have the right to pursue recovery from the condemning authority of such compensation as
0 •
may be separately awarded to Lessee for Lessee's relocation expenses, the taking of Lessee's
Personal property and fixtures, and the interruption of or damage to Lessee's business.
Section 20. ATTORNEY'S FEES.
If either party retains an attorney to enforce this Lease (including, without
limitation, the indemnity provisions of this Lease), the prevailing party is entitled to recover
reasonable attorney's fees.
Section 21. RIGHTS AND OBLIGATIONS OF LESSOR.
If any of the rights and obligations of Lessor under this Lease are substantially
and negatively affected by any changes in the laws applicable to this Lease, whether statutory,
regulatory or under federal or state judicial precedent, then Lessor may require Lessee to enter
into an amendment to this Lease to eliminate the negative effect on Lessor's rights and
obligations to the extent reasonably possible.
Section 22. ENTIRE AGREEMENT.
This Lease is the entire agreement between the parties, and supersedes all other oral or
written agreements between the parties pertaining to this transaction. This Lease may be
amended only by a written instrument signed by Lessor and Lessee.
0 •
Approved: Insurance Group
Created: 2/10/06
Last Modified: 02/06/07
Union Pacific Railroad
Contract Insurance Requirements
Lease of Land — Self -Insured
Lessee shall be permitted to self -insure, except Lessor reserves the right to
withdraw its authorization to self -insure by providing Lessee with 90 days written
notice, during the life of this Agreement (except as otherwise provided in this
Agreement), the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability
(CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate
limit of not less than $4,000,000. CGL insurance must be written on ISO
occurrence form CG 00 01 12 04 (or a substitute form providing equivalent
coverage). The policy must also contain the following endorsement, which must
be stated on the certificate of insurance: Contractual Liability Railroads ISO form
CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing
"Union Pacific Property" as the Designated Job Site.
B. Business Automobile Coverage insurance. Business auto coverage
written on ISO form CA 00 01 (or a substitute form providing equivalent liability
coverage) with a combined single limit of not less $2,000,000 for each accident,
and coverage must include liability arising out of any auto (including owned,
hired, and non -owned autos).
The policy must contain the following endorsements, which must be stated on the
certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form
CA 20 70 10 01 (or a substitute form providing equivalent coverage)
showing "Union Pacific Property" as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS -90)
if required by law.
C. Workers Compensation and Employers Liability insurance. Coverage
must include but not be limited to:
• Lessee's statutory liability under the workers' compensation laws of the
state(s) affected by this Agreement.
• Employers' Liability (Part B) with limits of at least $500,000 each accident,
$500,000 disease policy limit $500,000 each employee.
If Lessee is self-insured, evidence of state approval and excess workers
compensation coverage must be provided. Coverage must include liability arising
out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and
the Outer Continental Shelf Land Act, if applicable.
Approved: Insurance Group
Created: 2/10/06
Last Modified: 02/06/07
In any and all Claims against Railroad by any employee of Lessee, Lessee's
indemnification obligation under this section shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits
payable under any workers compensation acts, disability benefits acts or other
employee benefits acts.
D. Pollution Liability insurance. If permitted use as defined in this Lease
includes any generation, handling, enrichment, storage, manufacture, or
production of hazardous materials pollution liability insurance is required.
Pollution liability coverage must be written on ISO form Pollution Liability
Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing
equivalent liability coverage), with limits of at least $1,000,000 per occurrence
and an aggregate limit of $2,000,000.
If hazardous materials are disposed of from the premises, Lessee must furnish to
Lessor evidence of pollution legal liability insurance maintained by the disposal
site operator for losses arising from the insured facility accepting the materials,
with coverage in minimum amounts of $1,000,000 per loss, and an annual
aggregate of $2,000,000.
E. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess
policies, these policies must "follow form" and afford no less coverage than the
primary policy.
Other Requirements
F. All policy(ies) required above must include Railroad as "Additional Insured"
using ISO Additional Insured Endorsement CG 20 11 (or a substitute form
providing equivalent coverage). The coverage provided to Lessor as additional
insured shall, to the extent provided under ISO Additional Insured Endorsement
CG 20 11, provide coverage for Lessor's negligence whether sole or partial,
active or passive, and shall not be limited by Lessee's liability under the
indemnity provisions of this Lease.
G. Lessee waives all rights against Lessor and its agents, officers, directors
and employees for recovery of damages to the extent these damages are
covered by the workers compensation and employers' liability or commercial
umbrella or excess liability insurance obtained by Lessee required by this
agreement.
H. Punitive damages exclusion, if any, must be deleted (and the deletion
indicated on the certificate of insurance), unless (a) insurance coverage may not
lawfully be obtained for any punitive damages that may arise under this Lease, or
(b) all punitive damages are prohibited by all states in which these premise(s) are
located.
2
0 0
Approved: Insurance Group
Created: 2/10/06
Last Modified: 02/06/07
I. Prior to the effective date of the Lessee, Lessor shall furnish Railroad with
a certificate(s) of insurance, executed by a duly authorized representative of
each insurer, showing compliance with the insurance requirements of this
Agreement; or, if Lessor's insurance obligation in this Agreement is retained by
Lessor, Lessor shall furnish Railroad with a completed and executed Declaration
of Self -Insurance from its Risk Manager or equivalent officer certifying that the
program to manage its risk of loss will comply with the insurance requirements of
this Agreement.
J. All insurance policies must be written by a reputable insurance company
acceptable to Lessor or with a current Best's Insurance Guide Rating of A- and
Class VII or better, and authorized to do business in the state where the Land is
located.
K. The fact that insurance is obtained by Lessee, or by Lessor on behalf of
Lessee, will not be deemed to release or diminish the liability of Lessee,
including, without limitation, liability under the indemnity provisions of this
Agreement. Damages recoverable by Lessor from Lessee or any third party will
not be limited by the amount of the required insurance coverage.
3
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT ITEM NO. 5-F
REQUEST Approve Additional Plat Signature for Gramercy Park Subdivision No 1
in regards to City Ownership of Kiwanis Park:
AGENCY COMMENTS
CITY CLERK: See Attached Transmittal from Shari Stiles
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
4f" V4/--"
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
ENGINEERING SOLUTIONS
1029 N. Rosario Street, Suite 100
Meridian, Idaho 83642
E -Mail: es-sharis@gwest.net
Phone: (208) 938-0980
Fax: (208) 938-0941
To: City of Meridian
Attn: William G. Berg, Jr., City Clerk
33 East Idaho
Meridian, ID 83642
We are sending you:
LETTER OF TRANSMITTAL
w,d
JUL 19 2007
Date: 7/19/07 City Of Meridian
Project Name: GramercyC erk
cy �ivisio
ce
b�
Project Number: 60615
Copies
Dated
Description
1
7/19/07
Mylar Sheets 1-4 of 4 of Final Plat
1
12/29/06
Deed of Gift
For Review and Comment Price
For Pre -Con
These are transmitted as indicated below:
X
For A proval Approved as Submitted
Submit for Distribution
For Your Information A roved as Noted
Return Corrected Prints
As Requested Returned for Corrections
Return Corrected Prints
For Review and Comment Price
For Pre -Con
For Bids Due: Resubmit for Approval
X I Needs Signature
Remarks:
Will:
The City of Meridian was deeded the property for Kiwanis Park prior to our completion of the
platting process. This necessitates the City's signature as one of the owners on the plat. Per
our conversation, could you please put this on the agenda for July 24, 2007, for the City
Council to authorize the Mayor to sign? All other agencies, with the exception of Ada County,
have signed the plat. The Mayor will need to sign Sheet 4. I have included a copy of the
recorded Deed of Gift for your records.
I appreciate your help. Please let me know if you need anything else. Thanks, Will, keep up
the good work!
Shari
Copy to: File Signed:
ari Stiles
After Recording
Return to:
Michael T. Spink
Spink Butler, LLP
P.O. Box 639
Boise, ID 83701
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00 4�
BOISE IDAHO 12129/06 04:18 PM If I` pp
EOVicki AllenRECORDED
-REWEST
OF
UWyers Title 106201581
FOR RECORDING INFORMATION
DEED OF GIFT
THIS DEED OF GIFT is made this 29`" day of December, 2006, between Kenai Partners,
LLC, an Idaho limited liability company ("Grantor's, and City of Meridian, a political
subdivision of the State of Idaho whose current address is 33 East Idaho, Meridian, Idaho 83642
("Grantee'l.
WITNESSETH:
AS A GIFT to Grantee, Grantor"does hereby grant and convey to Grantee all of the real
property located in the County of Ada, State of Idaho, described on Exhibit A, attached hereto
and made a part hereof (hereafter, the "Property"), to be used as a public park ("Park") .
TOGETHER with all and singular the tenements, hereditaments and appurtenances
thereunto belonging or in anywise appertaining.
Section 1. Exceptions.
This conveyance by Grantor to Grantee is made subject to the following exceptions:
All taxes and assessments levied against the Property, including liens and
assessments of any irrigation district ("Taxes") for the year in which the
conveyance is made shall be prorated between Grantor and Grantee as of the date
of this Deed of Gift. Taxes levied and assessed for the prior year shat I be paid by
Grantor.
2. Easements and rights-of-way for roads, ditches, utilities and other purposes and
uses, which easements and rights-of-way are of record or visible upon a physical
inspection of the Property.
3. Exceptions, reservations, terns, covenants and conditions of record; provided,
however, that Grantee shall not be subject to the Declaration of Covenants,
Conditions and Restrictions for Gramercy Subdivision recorded in the records of
Ada County, Idaho; and further, Grantee shall not be a member of the Gramercy
Subdivision Homeowners' Association, nor subject to assessments thereof.
DEED OF GIFT- 1
SADomlTuscany Development, InclGramemy SubdivisionlDEWeed of Gift (Kenai to City of Mcridianj.DGC
Section 2. Conditions of Conveyance.
TO HAVE AND TO HOLD the Property unto Grantee subject to the following express
conditions and covenants which are accepted and agreed to by Grantee as evidenced by
Grantee's execution of this Deed of Gift (collectively, "Grantee's Covenants"):
1. Grantee covenants and agrees to use the Property to provide community open
space and recreation facilities for the citizens of the City of Meridian. All
maintenance of the Property shall be undertaken by Grantee, and Grantee shall
maintain the Property and all fixtures and equipment in satisfactory park -like
condition.
2. Without the prior written consent of Grantor, which consent shall be within the
sole and exclusive discretion of Grantor, at no time and under no circumstances
shall the Property, or any portion thereof, or the park to be constructed thereon, be
utilized for any residential, commercial, industrial or use other than the use of the
Property as a public park.
Section 3. Term of Grantee Covenants — Succession.
The term of the Grantee's Covenants shall commence on the date of recordation of this
Deed of Gift, and continue thereafter for a period of thirty (30) years following the date of
recordation of this Deed of Gift ("Covenant Term"). From and after the expiration of the
Covenant Term, the Grantee's covenants shall automatically terminate and end, and shall be of
no further force or effect.
The Grantee's Covenants shall be a burden on the Property for the benefit of the Grantor,
its successors and assigns, and shall run with the land.
Section 4. Acceptance.
By its acceptance below, Grantee shall be deemed to have accepted and agreed to comply
with the conditions and restrictions set forth in this Deed of Gift.
IN WITNESS WHEREOF, Grantor has caused its name to be subscribed this 29th day of
December, 2006.
GRANTOR:
KENAI PARTNERS, LLC
an Idaho limited liability company
By: R. Craig Groves
Its: Managing Member
DEED OF GIFT - 2
s:00017ruscany Development, inclGramemy subdivisicnIDEMaed of Gift (Kenai to City ofMeridianXDOC
ACKNOWLEDGMENT
STATE OF IDAHO )
)ss'
County of Ada }
On this 29h day of December, 2006, before me, the undersigned, a Notary Public in and
for said State, personally appeared R. Craig Groves, known or identified to me to be a Managing
Member of Kenai Partners, LLC, the Idaho limited liability company that executed the within
and foregoing instrument, or the person who executed the instrument on behalf of said Idaho
limited liability company, and- acknowledged to me that such Idaho limited liability company
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.
Co
Qo• tiy0TA1tY °�
s m•® =
Notary Public for Idaho
°o p u B Lt0.° .�
Residing at: P.
°°°°„°°°'•.�°�r'�
Commission Expires: a,
E OF l9 N•••
DEED OF GIFT - 3
SMceffuseany Dcvelopment InctGram=y SubdivisionMFE0ead of Gift (Kenai to City of Meridian).DOC
March 24, 2006
Description for proposed Park Site
Kenai Subdivision
A parcel of land located in the West 1/2 of the NE 1/4 of Section 20, T.3N.,
R 1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at
the North 1/4 comer of said Section 20, from which the Northeast comer of said section
bears North 89°46'02" East, 2656.88 feet; Thence along the North-South mid-section line
South 00°24'04" West, 1541.32 feet to the REAL„ POINT OF BEGINNING.
Thence South 89°35'56" East, 40.00 feet;
Thence South 00°24'04" West, 915.87 feet;
Thence North 89'54'13" East, 120.08 feet;
Thence North 55°29'51" Easy, 43.98 feet to a point on a curve;
Thence 30.20 feet along the are of a non -tangent curve to the left, having a radius
of 75.00 feet, a delta angle of 23°04'26", and a long chord bearing South 34°30'09" East,
30.00 feet;
Thence South 55°29'51" West, 32.35 feet;
Thence South 00°054T' East, 154.82 feet;
Thence North 89'54'13"' East, 1060.00 feet to a point on the westerly boundary of
Bonito Subdivision, as same is recorded in Book 86 of Plats at Page 9783, records of Ada
County, Idaho;
Thence along the West boundary of said subdivision South 01 1142'39" West,
15.01 feet to the Southwest comer of said subdivision lying on the North boundary of
Thousand Springs Subdivision No. 5, as same is recorded in Book 79 of Plats at Page
8535, records of Ada County, Idaho;
Thence along said North boundary South 89154'13" West, 1247.79 feet to the
Center of said Section 20;
Thence along the North-South mid-section line and the East boundary of
Resolution Subdivision No. 1, as same is recorded in Book 82 of Plats at Page 9041,
records of Ada County, Idaho, North 00°24'04" East, 1104.23 feet to the Point of
Beginning. Containing 2.04 acres, more or less.
431
51115151115-parksite. doc
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Captial Hill Holdings, LLC ITEM NO. 5-G
REQUEST Water Main Easement Agreement for Pine Street Warehouse
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
COMMENTS
See Attached Easement
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT: (V
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
Cl
Memo
To: Mayor De Weerd & City Council
From: Karie Glenn
CC: File
Date: 7/13/2007
Re: Proposed Agenda Items for 7/24/07 City Council Meeting
0
City of Meridian
Public Works Dept.
JUL 13 2007
City Of Meridian
City Clerk Office
The Public Works Department respectfully requests that the following items be placed on the
7/24/07 City Council agenda, on the Consent Agenda, for Council's consideration:
k— 1)
2)
Water Main Easement for Pine Street Warehouse.by Capital Hill Holdings LLC.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Pine
Street Warehouse by Capital Hill Holdings LLC and authorize the Mayor to
sign and City Clerk to attest.
Water Main Easement for Fairview Lakes Bldg by Fairview Lakes LLC.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for
Fairview Lakes Bldg by Fairview Lakes LLC and authorize the Mayor to sign
and City Clerk to attest.
Thank you for your consideration.
0 Page 1
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 !
BOISE IDAHO 08/10/07 11:11 AM
DEPUTY Bonnie rbOIII IIIIII'I'I'II Hill'III'I'IIII I III
F
RECORQED-REQUEST OF
Meridian City 107113632
WATER MAIN EASEMENT
TI S INDENTURE, made this -,�— day of 2000betweeu eoj �'{; 0 u ; i �.C- the parties of
the first part, and hereinafter called the Grantors, and the City of Meridian, Ada Co ty, Idaho, the party of
the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easement that was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
Water Main Easement
EASMT W M
Page -
q
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned and described tract of land, and that they have a good and lawful right to convey
said easement, and that they will warrant and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
Q.ArA. Nell
AA
Secretary
STATE OF IDAHO )
) ss
County of Ada )
On this qr4 day of — , 200-7before e, the undersigned, a Notary Public in
and for said State, personally peared -T pi s . `} and
known or identified to me to be the President and Secretary, respectively, of the
corporation that executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
eoga�et®oi®so
.`°•'°,SIE ftp►;
e
(SEAL) C OTAR C FOR IDAHO ®® 14®T9 ®®0®�,�
Residing at tee,ld.Ow �P� _
Commission Expires: G54-1VIr A �{
•
Water Main Easement EASMT WTR
pac
9
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd,
Attest by William G. Berg,
Approved By City Council On:
STATE OF IDAHO,
County of Ada
SS.
•
On this 2 �l day of %� t', , 200before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
On,
•o®•o e
e
io
"Oft
*01
owes*
Water Main Easement
Sh w7 M s2n- -�'.q�e�
NOTARY PUBLIC FOR IDAHO
Residing at: Ul "
Commission Expires: /i, f
EASMT WTR
JUL. 3.2007 12:18PM MASON &WOCIATES • N0.121 P.2
�..
FOR: Steve Dill
JOB NO.: FE0707
DATE: July 2, 2007
Proi6w!Onal Engineers, Land Surveyors and Planners
20.00 FOOT WIDE
MATER EASEIY V"
314 Badiola St. Caldwell, ID 83605
Ph (208) 484-0256 Fax (208) 454-0979
e-mail: dholzh a,ritsen .us
Att ea8o3=t being a portion of the NEI/4 SE1/4 of Section 7, Township 3 North, usage 1 East,
Boise Meridian, Ada County Idaho, more particularly demnibed as follows:
Commencing at the northeast comer ofsaid NBI/4 SE1/4;
'thence S 890 33126" W a distance of 773.92 feet along the north boundary of said NEI/4 SEI/4 to
the POINT Oxi' BWEgXjNG,
771ence S 000 2246" W a distance 0f58.92 feet to a point;
Thence N $90 37' 14" W a dance of 20.00 feet to a point;
Theuce N 000 22' 46" E a distance of 58.63 feet -to a point on the north boundary of said NEI/4
SEI/4;
Thence N 89133126" E a. dist um of 20.00 feet along' said north boundary to the POINT OF
BEGENI VG;
This water line easement contains 1175 square feet more or less.
SLIB CT TO: All exdsdag rights of way and, easements of record or implied appearing on
the
above-described parcel. of land.
ftgaA-10&—
JUL.11.2e07 12:L7PM--,—"SON & ASSOCIATES 0.175 2
NH99J36'E�
E. Pine Street
2460 ------------ _--5d!> 3J`Z6'Nr----------775 92-- ----
"'
cc YA6 Ce( I I E t/4Car
Sia 7� W I I SK 7
Hod
PLS X575 ry I I N
I I�
I I
L._ J
ZQCO
� I
\ I
\ 1
� I
i
I
1 I
1 I
I
0 30 60 720
Scole: 7 "-60' Steve Hill
® Found 5/6" iron pin Fire Hydrant Easement Exhlblt
.109 N0, FW707
Found Bross cop monument Praftdonalenghava, aw No, NO hyd AXn►b►r
—ason t7 �. LMd Suroeyora
& Pl®llnam SCALE:
� / 1faAedml9Sl l�llJhraB AEv
taI']ilCIQ, lrte a s4=FIb(.9�454-0979
ORA41AI91': I DAM
JH 1 07/11/07
i
JUL. 3.2007 12 1BPM MASON & ASSOCIATES
i
N0.121 �P. 2
ason Pnianal Engineers. Land Surveyors and Planners
L-- -' 314 Badiola St Caldwell, ID 83605
Ph (208) 454-0255 Fax (208) 454-0979
FOR: Steve =
JOB NO.: FE0707
DATE: July 2, 2007
20.00 FOOT WIDE
WATER EASEMENT
e-mail: dholhev(g),msene.us
An east being a portion of the NEIA SEI/4 of Section 7, Township 3 North, Range 1 East,
Use Meridian, Ada County Idaho, more particularly described as follows:
Commencing at the northeast mer of said NEI/4 SE1/4;
Thence S 89° 33'26" W a distance of 773.92 feet along the north boundary of said NEI/4 SE1/4 to
the POINT 08' BEGDIM NG,
Thence S 000 22' 46" W a distance of 58.92 feet to a point.;
Thence N 891 37' 14" W a distance of 20.00 fbet to a point;
Thence N 000 22' 46" E a distance of 58.63 feet to a point on the north boundary of said NEIA
SEI/4;
Thence N 890 3326" E a distance of 20.00 feet along' said north boundary to the DINT OF
BEGINMG;
This water line easemod contains 1175 square feet more or less.
SUBJECT T0: All existing rights of way and easement, 'of record or implied appearing on the
above-describedparcel of land.
JULY 11.2@07 12:27PM-+1ASON &
�...�. - 0.175' --fp. 2
'2
RO ----------
E. Pine Street ----5E993a61� -
c6 �67cer I I
Hodge
PLS 8575 p I I e
I I
L_ J
�N80'.1 00�1V (
1 1
1
\ 1
1
t
i
1
1 I
1 �
1
0 30 60 720
Score: 7 "-60'
® Found 5/$" iron pin
0 Found brass cop monum&nt
•• ----773.92---
_ 4
E 1/46a
so, 7
Steve Hill -�
I FirO Hydrant Easement Ekhlbtt
Pr SFngiuv�rs,
anon �, &Ptand
,4 �f��4i4+09f9
JW Na. FW707
DW N0, the hyd *xhlbk
ScAm- 7•=80 + iaEv Q
JH 107/11/07
•
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Fairview Lakes, LLC ITEM NO. 5-H
REQUEST Water Main Easement AnrPPmPnf fnr Fr^urviM%A/ I r.Loc Ili iilr4;m..
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: St ff 1 •f 1
COMMENTS
See attached easement
a nl la as
Materials presented at public meetings shall become property of the City of Meridian.
0
Memo
To: Mayor De Weerd & City Council
From: Karie Glenn
CC: File
Date: 7/13/2007
Re: Proposed Agenda Items for 7/24/07 City Council Meeting
•
City of Meridian
Public Works Dept.
rr� 1
City Of MeridianCity Clerk Office
The Public Works Department respectfully requests that the following items be placed on the
7/24/07 City Council agenda, on the Consent Agenda, for Council's consideration:
1)
* ---- 2)
Water Main Easement for Pine Street Warehouse by Capital Hill Holdings LLC.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Pine
Street Warehouse by Capital Hill Holdings LLC and authorize the Mayor to
sign and City Clerk to attest.
Water Main Easement for Fairview Lakes Bldg by Fairview Lakes LLC.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for
Fairview Lakes Bldg by Fairview Lakes LLC and authorize the Mayor to sign
and City Clerk to attest.
Thank you for your consideration.
0 Page 1
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 00/10/01 11:11 AM
DEPUTY Bnie
RECORDED -on
EORDED- REQUEST OFg
Meridian City 107113633
WATER MAIN EASEMENT
THIS INDENTURE, made thi a4 day o �200-7betw.10a jo "Ae arties of
the first part, and hereinafter called the Grant p
and the City of Meridian, Ada County, Idaho, the party of
the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHD3IT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible
for repairing, replacing or restoring anything placed within the area, described in this easement that
was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or he within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no .f n ther
effect and shall be completely relinquished.
Water Main Easement EASMT WTR MAIN
Pa�o�
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed
of the aforementioned and described tract of land, and that they have a good and lawful right to
convey said easement, and that they will warrant and forever defend the title and quiet possession
thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
P.Fsider
Secretary
STATE OF IDAHO
County of Ada
ss
On this day of 2 efore me, the undersigned, a Notary Public in
and for said State, perso app ed
known or identified to me to be th President and , respectively, of the
corporation that executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
Water Main Easement EASMT WTR MAIN
fS
•
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, or
A-Tesi by William G. Berg ityLk,
Approved By City Council On:
STATE OF IDAHO,
: ss.
County of Ada
•
On this 2nek day of ALS
Notary
, 2061 before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
•Osage e00
•• ®T9� ••.
(SEAL) 4je'� • NOTARY PUBLIC FOR IDAHO
e a E Residing at: (-4,
Commission Expires:
o �a
ease goO,
Water Main Easement EASMT WTR MAIN
•
EXHIBIT A
Nater Easement Legal Description
For Fairview Lakes Shopping Center
,Job No. 07068 812812007
A water casement located in Loi 4, Block 3, of Devon Park Suh vis0n No. 1, as shown in Book 89 of Flab at Page
10355, Ada County.Remck and being a pardon oftle SWIM oftbe SE 1/4 of Semon 6, T3N, R1& BM, City of
Meridian, Ada County, Idaho, Ada Cotter Records, partimlarly deserked as fn&nm-
COMU NCING at a farad brass cap (Miner record ind. #103121926) marking the S 1/4 Qom of said Sea on 6;
Thence North OWOI" Fast coincident with the west line of said SE 114 of'Section 6, a distance of wo1 few to the
southweg comer ofsaid Devon Park Subdivision No. 1;
Thence contmanig North 0°2o'Or East coincident with the west line of said Devon Park 56divisiim No, 1, a
dunce of65&12 fed to tate northeast eomerof said Devon Park Subdivision No. 1;
Thence Snu& 900{lit'OV East coincident with the north line of said Devon Park Subdivision No. 1, a distance of
666AO fief tD the northeast corner of said Devon Park Subdivision No. 1;
Thence SoU& 0°23'25" West: wkcidentwith The easterly boundary of said Devon Park Subdivision Na 1, a
distance of 176.77 fief
Thence Som 89°05 2" Eat 153.42 feed to lira easterly3ight-of-way line ofEast and dor beginning of
a non tangent carve;
Thence 73M feet slang the are of said curse to the right, and coincident with said East Carol Streetright-af-way,
with a central angle of 60°14'03 , aradius of 70.00 fat subtattded by a chord beaft South 35°5W51" Was� 7&%
feet to the POINT OF RMINNING;
Thence South OiDfl(i'OV West; 25.08 fry
Thence North 40°00'00" West, Moo
Thence North 0°00'00" Bmst 20.48 feet to said East Ctra1 Suet n~ -WAY, and the 'beg7mnn of anon -tart
Curve;
Thence 52.70"along tate are ofsaid cnrve to the leis and coincident with said End C=1 Suva rigbWway, with
a central angle of 1012333", a radius of 70.00 few subtended by a chord bearing North 71 °o8' 42" East;12AS feet
to the POINT OF BEG TRUNG.
Curtaining 274 square fat, more c r less, and subject to any eawneats ar rights-of-way of record or othawim
essting, f
1"XTam><ca4XV900MNWP s 1WgerF eine L�I6-28-t1f.DOC
RGH4 j
Treasure Valley Engiueers, Inc. Office: (M) 463-0305 }
1244 6s' St 14. Fax: (208) 4634391
Nampa, Idaho 83687 www.Tmas=VallevFkghwier.com
lgMm, � �f
v
0
EXHIBIT B
A WATER EASEMENT LOCATED IN LOT 4, BLOCK . 3, OF
DEVON PARK SUBDIVISION NO. 1
CITY OF MERIDIAN, ADA COUNTY, IDAHO
w
0
r
to
010
0 f'o
z
M.
DEVON PARK SUB. NO 1
N00°00'
20.98'
7-
C-i(o
to 1
'y t 153,42'
o S89°05'22"E
274 S.F.t POB
D"E G2 25.08'
z-.— S09`00'00"E
N90`00'00"W
12.00'
VE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
ff
70 1X1'
7i 53'
70.19'
1�l35 aft a1'
Fpii Q3'
70.00'
12.70'
12.68
2 68'
Af 71*0812E
1023'35"
S 1/4 SECTION 6
COR. REC. #1'03121926 FAIRVIEW AVE.
PROJECT:
EXHIBIT MAP FOR
WATER EASEMENT
LOT $, BLOCK 3
DEVON PARK SUB. NO. 9
TAMURA & ASSOC.
NTS
DWG #
VALIN SUMMUA W. UK
rPROJECT#
etb eraser xwers XAM%. ma 82M 07069
W.Mmur. =(fit Ate- FAt ( 4B3-4S4L
Vu SHEET
1 OF 1
.
July 20, 2007
MERIDIAN CITY COUNCIL MEETING
APPLICANT David Edmark
July 24, 2007
ITEM NO. 5-1
REQUEST Approve New Beer and Uquor License for Baja Taco Beverage
Concession - 1735 W. Franklin Road, Suite 120
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See Attached Approvals
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
! 0
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Public Works ITEM NO. 5-1
REQUEST Change Order No 1, Water & Sewer Improvements in Conjunction with
ACHD West 1 st Street, Washington to Cherry Road Project for a cost of $88,800.00
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
COMMENTS
See Attached Change Order
Date: Phone:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
CRY • -orks Dept. PublicIED
JUL 16 2002
City Of Meridian
City Clerk Office
Mema
To: Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer XR,
CC: File ,!F,.Ty 4-4f77
Date: 7/18/07
Re: Proposed Agenda Item for July 24 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the July
24 City Council agenda, under Consent Agenda, for Council's consideration:
�•w•V�01 11Jw1iv s.ne KOaa Nr -ect: This change order adds the construction of
approximately 1750 feet of 8 inch PVC water main and new services to replace existing iron
water main which was found in poor condition. The cost for this change is $88,800.
Recommended Council Action: The Public Works Department recommends
that City Council approves Change Order Number 1 for Water and Sewer
Improvements in Conjunction with ACHD West 1s` Street, Washington to
Chevy Road Project for a cost of $88,800 and authorizes the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
this item.
0 Page 1
0
CITY OF MERIDIAN CHANGE ORDER NO.
33 EAST IDAHO PROJECT NO.
MERIDIAN, ID 83642 DATE:
EFFECTIVE DATE:
CONTRACT CHANGE ORDER
1
0668b
7/18/2007
Water and Sewer Improvements in Conjunction with ACHD W 1st Street, Washington to Cherry
The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans.
Install 1750 feet of 8 inch water main. Provide 31 new water services. Hot tap. Install 5 gate valves.
Reason for Change Order:
Discovered main in poor condition. Must replace.
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract price $ 18 042 50 Onginal Contract Time
Net cringes toms previous Change Orders
Net changes form previous Change Orders
No. to —
No._ to _ (calendar days)
$
Contract Price Prior to this ChangeLLOrder
Contract Times prior to this Change Order.
(calendar days or date)
18,042.50
Net Increase (decrease) of this Change Order
Net Increase (decrease) of this Change Order:
(calendar days or date)
$
88,800.00
Contract Price with all Approved Change Orders:
Contract Times with all Approved Change Orders:
(calendar days)
$
106,842.50
RECOMMENDED: (CONSTRUC11ON MANAGER)
ACCEPTED: (CIONTRACTOR)
By.
By.
Date: jg �7
Date:
APPROVED: (CITY PURCHASING AGENT)
COUNCIL APPROVAL
By: Keith Watts
Date:
Date:
APPROVED: (CITY) -
ATTEST:
By: Mayor Tammy de Weerd
By: City Clerk, Will Berg Jr.
Date:
r,^`�
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Public Works ITEM NO. 5-K
REQUEST Budget Amendment for the WWTP Security Fence in the amount of
$65,000 for F 22007
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
COMMENTS
Date:
Staff Initials:
pow
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
•
City
of
Meridian
Public
Works
Dept.
Memo
To: Will Berg; Tara Green; Sharon Smith
From: Clint Dolsby, Staff Engineer
CC: Len Grady, City Engineer
Date: 7/15/2007
•
JUS 18 2007
-.;ity Of Meridian
City Clerk Office
Re: Proposed Agenda Item for July 24, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the July
24 City Council agenda, under consent agenda, for Council's consideration:
Budget Amendment — WWTP Security Fence. We are requesting a budget amendment,
along with creation of a new line item, for the "WWTP Security Fence". This amendment will
allow us to enter into contract with a contractor during this budget year to complete the
WWTP Security Fence around the wastewater plant complex.
This budget amendment is for completion of the WWTP Security Fence in the amount of
$65,000.
Recommended Council Action: The Public Works Department recommends that City
Council approves the budget amendment for the WWTP Security Fence in the amount
of $65,000 for FY 2007.
WWTP Security Fence Three bids were received for this project as summarized below:
Butte Fence, Inc $47,571.35
Meridian Fence Company $52,022.00
Chain Link Fence Plus $57,164.74
The Project consists of 3,800 feet of security fence to encircle the wastewater plant complex. This
includes three gates and three strands of barbed wire on the fence crown.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the WWTP Security Fence with
Butte Fence, Inc for $47,571.35 and authorize the Mayor to sign it.
0 Page 1
8
m
r
n
m
B I
I
a
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Butte Fence
ITEM NO. Jr -L
REQUEST Approve Contract for WWTP Security Fence for $47,571.35
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: See Attached Contract
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contact -d•
' Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
s+ n
THIS AGREEMENT is dated the 1 day of /,,-,,Aj i• in the year 2007 by and between City of
Meridian, Ada County, Idaho (hereinafter called OWNER) and Butte Fence, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Article 1 WORK
The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally
described as follows:
The Project consists of 3,800 feet of security fence to encircle the wastewater plant complex. This includes
three gates and three strands of barbed wire on the fence crown.
The Project for which the Work under the Agreement is described as follows: WWTP Security Fence.
All replacement materials and workmanship will meet the City of Meridian Standard Specifications and
Drawings. The Contractor should become familiar with the specifications.
Article 2 ENGINEER
The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works
Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and
authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
Article 3 CONTRACT TIME.
The Work will be completed within forty five (60) calender days from the date when the Contract Time commences to
run. Time is of the essence.
Article 4 CONTRACT PRICE.
OWNER will pay CONTRACTOR for completion of the Work in current fiords as follows: $47,571.35
Article 5 PAYMENT PROCEDURES.
The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for
Payment must be submitted to the Public Works Department.
Payments. The OWNER will make progress payments on account of the Contract Price on the basis of
CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15s'
day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day
of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of
values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion
and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will
be made in full, including retained percentages, less authorized deductions, within thirty (30) days.
7/30/2007 Page 1 of 3
Article 9 MISCELLANEOUS.
9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on
another party hereto without the written consent of the party sought to be bound; and specifically but without
limitation moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the
Conor r to any written consent to an assignment no assignment will release or discharge the assignor from any
duty responsibility under the Contract Documents.
9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the
other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and
obligations contained in the Contract Documents.
Article 10 OTHER PROVISIONS.
None
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR
and ENGINEER. All portions of the Contract Documents have
been signed or identified by OWNER and CONTRACTORf.
or by
ENGINEER on their behalf
j
The Agreement will be effective on &.4 j.N i ( S,t
2007.
Owner CITY OF MERIDIAN Contractor
�'Cktec_ 1K C
By
Name: Tamm deWR! • ,•J 1 Name:
Attest:
--Attest:
illiam G _Ber Jr. Ct =
Approved by City CoitJrc 7• �' `1
`����/jf8°t°°°or��,
r�fl:ftii4 ilttli'
= r' ��c�r �1�� kX_ tom..
tv
°01111111110
7/30/2007 Page 3 of 3
• 0
EXHIBIT A &;.t 0-7z.-7
TASK ORDER NO.1
WATER SYSTEM
REDUNDANCY AND STORAGE EVALUATION
CITY OF MERIDIAN
This Scope of Services is for Professional Services between Murray, Smith & Associates
Inc. (MSA) and the City of Meridian. Services authorized by this Task Order No. 1 shall
be for professional engineering services in support of the City's Water System. The terns
of this Task Order shall be in accordance with the MSA Master Agreement for
Professional Services.
Background
A Water Master Plan Update (WMP) was completed for the City of Meridian in May of
2006 and was subsequently approved by the Idaho Department of Environmental Quality
(IDEQ). Many of the requirements listed in the updated IDAPA 58.01.08.502 were
addressed in that plan; however, a comprehensive evaluation of the City's water
infrastructure in terms of redundancy and storage is required by IDEQ. In order to
comply with these requirements, the following work program is proposed.
SCOPE OF SERVICES
Task —1
Evaluate the IDEQ requirements for Standby Power, Mechanical Redundancy and the
Components of Storage. This evaluation will include comparing the 2006 WMP to
current IDEQ requirements and preparing a letter report that addresses any resulting
issues. Based on the contents of the WMP, no significant issues are anticipated; however
some clarification may be required as the new rules were discussed with IDEQ during the
preparation of the plan but prior to their adoption.
Assumptions: Demand information available in the 2006 WMP will be used for the
evaluation. No collection or evaluation of newer production or demand information will
be provided.
Deliverables: A draft letter report to IDEQ will be prepared that will address the Facility
Plan Requirements of the "Idaho Rules for Public Drinking Water Systems" per IDAPA
58.0I.08.502. After City review and comments, a final letter report will be submitted to
the IDEQ.
City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Task Order No. t
June 2007 Engineers/Planners
0
Memo
To: Will Berg; Tara Green; Sharon Smith
From: Clint Dolsby, Staff Engineer
CC: Len Grady, City Engineer
Date: 7/15/2007
i
UL I 2007
amity Of Meridian
City Clerk ®face
Re: Proposed Agenda Item for July 24, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the July
24 City Council agenda, under consent agenda, for Council's consideration:
Budget Amendment — WWTP Security Fence. We are requesting a budget amendment,
along with creation of a new line item, for the "WWTP Security Fence". This amendment will
allow us to enter into contract with a contractor during this budget year to complete the
WWTP Security Fence around the wastewater plant complex.
This budget amendment is for completion of the WWTP Security Fence in the amount of
$65,000.
Recommended Council Action: The Public Works Department recommends that City
Council approves the budget amendment for the WWTP Security Fence in the amount
of $65,000 for FY 2007.
'k WWTP Security Fence. Three bids were received for this project as summarized below:
Butte Fence, Inc $47,571.35
Meridian Fence Company $52,022.00
Chain Link Fence Plus $57,164.74
The Project consists of 3,800 feet of security fence to encircle the wastewater plant complex. This
includes three gates and three strands of barbed wire on the fence crown.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the WWTP Security Fence with
Butte Fence, Inc for $47,571.35 and authorize the Mayor to sign it.
0 Page 1
0
•
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
0 Page 2
3
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July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Murray, Smith & Associates
ITEM NO. S -M
REQUEST Approve Contract for Water System Redundancy and Storage
Evaluation for 10,000.00
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See Attached Contract
mly-r V-'-�
Contacted: Date:
Emailed: Phone:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
0
City
of
Meridian
Public
Works
Dept.
Memo
To: Will Berg; Tara Green; Sharon Smith
From: Clint Dolsby, Staff Engineer
CC: Len Grady, City Engineer
Date: 7/15/2007
City Of Meridian
City Clerk Office
Re: Proposed Agenda Item for July 24, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the July
24 City Council agenda, under consent agenda, for Council's consideration:
--� Water System Redundancy and Storage Evaluation Murray, Smith &Associates Inc. has
submitted a task order, scope of work, and budget for this project. They propose to
complete the work for $10,000. This is an extension of the miscellaneous wastewater
services agreement amendment approved by City Council on the 5"' of June, 2007 for the
Engineering Services for Miscellaneous Wastewater Projects.
This project consists of a comprehensive evaluation of the City's water infrastructure in terms
of redundancy and storage as required by IDEA.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for Water System Redundancy and
Storage Evaluation with Murray, Smith & Associates Inc. for $10,000 and
authorize the Mayor to sign it.
License Agreement for the North Black Cat Pressure Sewer. A request for license
agreement with the Nampa and Meridian Irrigation Districts to construct pressure sewer line
within the Five Mile Drain has been received by the Public Works Department. This license
agreement is necessary in order to construct the North Black Cat Pressure Sewer:
Recommended Council Action: The Public Works Department recommends
that City Council approves the License Agreement to construct pressure sewer
line within the Five Mile Drain and authorize the Mayor to sign it.
Public Right -of -Way Sidewalk Easement Contract for the North Black Cat Lift Station A
public right-of-way sidewalk easement has prepared by the Ada County Highway District for
0 Page 1
• 0
the lift station site on Black Cat Road between Ustick Road and McMillan Road for this
project.
Recommended Council Action: The Public Works Department recommends
that City Council approves the public right-of-way easement contract for the lift
station site on Black Cat Road between Ustick Road and McMillan Road for
Ada County Highway District and authorize the Mayor to sign it.
Right -of -Way Dedication Warranty Deed for the North Black Cat Lift Station A right-of-way
dedication warranty deed has prepared by the Ada County Highway District for the lift station
site on Black Cat Road between Ustick Road and McMillan Road for this project.
Recommended Council Action: The Public Works Department recommends
that City Council approves the right-of-way dedication warranty deed for the lift
station site on Black Cat Road between Ustick Road and McMillan Road for
Ada County Highway District and authorize the Mayor to sign it.
North Black Cat Pressure Sewer. Ten bids were received for this project as summarized
below and detailed in the attached spreadsheet:
• H2 Excavation LLC
$398,376.00
• Lurre Construction, Inc
$466,491.00
• Sommer Construction, Inc
$465,300.00
• Whitaker Construction Company
$664,319.00
• T.A. Dibble
$870,540.00
• Bodiford Construction, Inc
$422,050.00
• Brown Construction, Inc
$526,763.00
• Knife River
$474,011.30
• McKay Construction, Inc
$497,923.48
• Pipe, Inc
$579,777.00
The Project consists of construction of approximately 5,147 lineal feet of dual 107/16" pressure
sewers, 63 lineal feet of 15" gravity irrigation pipe, surface repairs, clean -outs, air/vac stations,
irrigation manholes, connection vault, dewatering, storm water management, and other related
and miscellaneous work.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the North Black Cat Pressure Sewer
with H2 Excavation LLC for $398,376 and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
0 Page 2
EXHIBIT A
TASK ORDER NO.1
WATER SYSTEM
REDUNDANCY AND STORAGE EVALUATION
CITY OF MERIDIAN
This Scope of Services is for Professional Services between Murray, Smith & Associates
Inc. (MSA) and the City of Meridian. Services authorized by this Task Order No. 1 shall
be for professional engineering services in support of the City's Water System. The terms
of this Task Order shall be in accordance with the MSA Master Agreement for
Professional Services.
Background
A Water Master Plan Update (WMP) was completed for the City of Meridian in May of
2006 and was subsequently approved by the Idaho Department of Environmental Quality
(IDEQ). Many of the requirements listed in the updated IDAPA 58.01.08.502 were
addressed in that plan; however, a comprehensive evaluation of the City's water
infrastructure in terms of redundancy and storage is required by IDEQ. In order to
comply with these requirements, the following work program is proposed.
SCOPE OF SERVICES
Task —1
Evaluate the IDEQ requirements for Standby Power, Mechanical Redundancy and the
Components of Storage. This evaluation will include comparing the 2006 WMP to
current IDEQ requirements and preparing a letter report that addresses any resulting
issues. Based on the contents of the WMP, no significant issues are anticipated; however
some clarification may be required as the new rules were discussed with IDEQ during the
preparation of the plan but prior to their adoption.
Assumptions: Demand information available in the 2006 WMP will be used for the
evaluation. No collection or evaluation of newer production or demand information will
be provided.
Deliverables: A draft Ietter report to IDEQ will be prepared that will address the Facility
Plan Requirements of the "Idaho Rules for Public Drinking Water Systems" per IDAPA
58.01.08.502. After City review and comments, a final letter report will be submitted to
the IDEQ.
City of Meridian MURRAY, SMITH & ASSOCIATES. INC.
June 2007 Engineers/Planners Task Order No.l
exceed eighteen (IS) months. Additional time atensio3as up to eighteen (18) months aS
Director
and approved by the City COUAW may be Smote& With all ex
Director or City Council may require the ten,9ions, the
Sial plat or short plat to comply with the ply combined preliminary and
Title I I . If the above timetable is not met and the visions of Meridian City Code
extension, the Property shall be applicant does not receive a time
wed to go through the platting procedure again.
E. Notice of Final Action and Bight to Regulatory Takings
Analysis
1. The Applicant is hereby notified
tha pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a rgWatory
takmg Such request must be in writing, and must be filed with the City Clerkk not more
�for a rnght (28) days aflet the final decision concerning ing the matter at issue. A request
Story takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notict that ft is a final action of the governing body of the City of
Mm'th8n, Pursuant to Idaho Code § 67-6521 an affected person being a person who has
lm interest in real PmPerty which may be adversely affected by the issuance or denial of
the conditional use permit gq=val may within twenty-eight (28) days after, the date of
this decision and order seek ajudiciai review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached; Sta#Meport for the hearing date of April 11, 2006
CITY OF MERIDIAN FINDINQS OF FACT. CONCLUSIONS OF 1AW AND DECLvo N & ORDER
CASE NM). AZ4640/ PP4)& 6 -PAGE 3 cf4
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT ITEM NO. 5-N
REQUEST License Agreement with Nampa Meridian Irrigation District for the
North Black Cat Pressure Sewer within the Five Mile Drain
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: See Attached License Agreement
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
0
City
of
Meridian
Public
Works
Dept.
Memo
To: Will Berg; Tara Green; Sharon Smith
From: Clint Dolsby, Staff Engineer
CC: Len Grady, City Engineer
Date: 7/15/2007
•
City Of Meridian
City Clerk Office
Re: Proposed Agenda Item for July 24, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the July
24 City Council agenda, under consent agenda, for Council's consideration:
Water System Redundancy and Storage Evaluation Murray, Smith & Associates Inc. has
submitted a task order, scope of work, and budget for this project. They propose to
complete the work for $10,000. This is an extension of the miscellaneous wastewater
services agreement amendment approved by City Council on the 5"' of June, 2007 for the
Engineering Services for Miscellaneous Wastewater Projects.
This project consists of a comprehensive evaluation of the City's water infrastructure in terms
of redundancy and storage as required by IDEA.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for Water System Redundancy and
Storage Evaluation with Murray, Smith & Associates Inc. for $10,000 and
authorize the Mayor to sign it.
_ License Agreement for the North Black Cat Pressure Sewer. A request for license
agreement with the Nampa and Meridian Irrigation Districts to construct pressure sewer line
within the Five Mile Drain has been received by the Public Works Department. This license
agreement is necessary in order to construct the North Black Cat Pressure Sewer:
Recommended Council Action: The Public Works Department recommends
that City Council approves the License Agreement to construct pressure sewer
line within the Five Mile Drain and authorize the Mayor to sign it.
Public Right -of -Way Sidewalk Easement Contract for the North Black Cat Lift Station A
public right-of-way sidewalk easement has prepared by the Ada County Highway District for
0 Page 1
0 •
the lift station site on Black Cat Road between Ustick Road and McMillan Road for this
project.
Recommended Council Action: The Public Works Department recommends
that City Council approves the public right-of-way easement contract for the lift
station site on Black Cat Road between Ustick Road and McMillan Road for
Ada County Highway District and authorize the Mayor to sign it.
Right -of -Way Dedication Wan'anty Deed for the North Black Cat Lift Station A right-of-way
dedication warranty deed has prepared by the Ada County Highway District for the lift station
site on Black Cat Road between Ustick Road and McMillan Road for this project.
Recommended Council Action: The Public Works Department recommends
that City Council approves the right-of-way dedication warranty deed for the lift
station site on Black Cat Road between Ustick Road and McMillan Road for
Ada County Highway District and authorize the Mayor to sign it.
North Black Cat Pressure Sewer. Ten bids were received for this project as summarized
below and detailed in the attached spreadsheet:
• H2 Excavation LLC
$398,376.00
• Lurre Construction, Inc
$466,491.00
• Sommer Construction, Inc
$465,300.00
• Whitaker Construction Company
$664,319.00
• T.A. Dibble
$870,540.00
• Bodiford Construction, Inc
$422,050.00
• Brown Construction, Inc
$526,763.00
• Knife River
$474,011.30
• McKay Construction, Inc
$497,923.48
• Pipe, Inc
$579,777.00
The Project consists of construction of approximately 5,147 lineal feet of dual 10716" pressure
sewers, 63 lineal feet of 15" gravity irrigation pipe, surface repairs, clean -outs, air/vac stations,
irrigation manholes, connection vault, dewatering, storm water management, and other related
and miscellaneous work.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the North Black Cat Pressure Sewer
with H2 Excavation LLC for $398,376 and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
0 Page 2
0 i
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this day of 2007 by and
among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under
and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District",
and
CITY OF MERIDIAN,
33 East Idaho, Meridian, Idaho 83642
party or parties of the second part, hereinafter collectively referred to as the "Licensee",
WITNESSETH:
WHEREAS, Licensee is the owner of real property/right-of-way to construct, install and maintain
two pressure sewer mains (burdened with the easement of the District hereinafter mentioned) particularly
described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof;
and,
WHEREAS, the District owns the irrigation ditch or canal known as FIVE MILE DRAIN
(hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and
system, together with either fee title ownership and/or an easement therefor to convey irrigation and drainage
water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes;
and,
WHEREAS, the Five Mile Drain and the District's associated fee title and/or easement crosses and
intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part
hereof; and,
WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing
construction or activity, affecting said ditch or canal or the District's fee title land and/or easement in its
course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set
forth; and,
WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches;
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
I . The Licensee shall have the right to modify the said ditch or canal or encroach upon the
District's fee title land and/or easement along said ditch or canal in the manner generally described in the
"Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any
modification of said ditch or canal by the Licensee or encroachment upon the District's fee title land and/or
easement along said ditch or canal shall be performed and maintained in accordance with the "Special
Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference
or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings
referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be
! 0
permitted or allowed to modify the ditch or canal or encroach upon the District's fee title land and/or
easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide
or show otherwise.
2. This agreement pertains only to the Licensee's modification of said ditch or canal or
encroachment to the District's fee title land and/or easement for the purposes and in the manner described
herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or
otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the
written permission of the District.
3. Each facility ("facility" as used in this agreement means any object or thing of any nature
installed in or on the District's fee title land and/or easement by the Licensee or the Licensee's predecessor
in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at
the cost and expense of the Licensee.
4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct
its activities within or affecting the District's fee title land and/or easement so as not to constitute or cause:
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation water in the ditch or canal
or the delivery of irrigation water by the District;
C. an increase in seepage or any other increase in the loss of water from the ditch or
canal;
d. the subsidence of soil within or adjacent to the fee title land and/or easement;
e. any other damage to the District's fee title land and/or easement and irrigation works.
5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims
for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of
the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the fee
title land and/or easement and irrigation works which may be caused by the construction, installation,
operation, maintenance, repair, and any use or condition of any facility.
6. Licensee agrees that the work performed and the materials used in such construction shall
at all times be subject to inspection by the District and the District's engineers, and that final acceptance of
such work shall not be made until all such work and materials shall have been expressly approved by the
District. Such approval by the District shall not be unreasonably withheld.
7. The District reserves the right, at the District's option, to remove any facility installed by the
Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which
does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said
ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee
agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for
such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the
District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder,
shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the
District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for
such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing
LICENSE AGREEMENT - Page 2
0 i
such maintenance, repair or other work except that in cases of emergency the District shall attempt to give
such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any
claim of any kind by Licensee or any third party against the District for failure to exercise the options stated
in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made
against the District arising out of or relating to the terms of this paragraph except for claims arising solely
out of the negligence of the District.
8. Neither the terms of this agreement, the permission granted by the District to the Licensee,
the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or
performance of any obligations of this agreement, shall be construed or asserted to extend the application
of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other
agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains,
irrigation works and facilities which did not apply to the District's operations and activities prior to and
without execution of this agreement. In the event the District is required to comply with any such
requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement
or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the
District from all costs and liabilities associated with the application of such laws or the assertion of such
jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee
shall cease all activity and remove any facility authorized by this agreement.
9. In addition to all other indemnification provisions herein. Licensee further agrees to
indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense
(including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent
acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and
activities authorized by this agreement.
10. The Licensee agrees that the District shall not be liable for any damages which shall occur
to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the
Licensee shall install on the said fee title land and/or easement area of the District in the reasonable exercise
of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The
Licensee further agrees to suspend its use of the said fee title land and/or easement area when the use of the
fee title land and/or easement area is required by the District for maintenance or repair under this or any other
paragraph of this agreement.
11. Licensee shall place no structures, pathways or landscaping of any kind above or within the
District's fee title land and/or easement area except as referred to in this agreement or exhibits hereto without
the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or
entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District
fee title land and/or easement without the prior written consent of the District.
12. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully
resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted,
shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party.
13. The parties hereto understand and agree that the District has no right in any respect to impair
LICENSE AGREEMENT - Page 3
• 0
the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any
rights in its irrigation works and system incompatible with the uses to which such irrigation works and
system are devoted and dedicated and that this contract shall be at all times construed according to such
principles.
14. Nothing herein contained shall be construed to impair the right of way of the District in the
said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor
shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the
transmission and delivery of irrigation and drainage water.
15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms
and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by
the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and
the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal
by the District with its equipment for the maintenance of its said ditch or canal may be removed by the
District.
16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the
District or by the engineers for the District in connection with the preparation of this License Agreement or
in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also
agrees to pay any fees incurred in connection with the recording of this Agreement.
17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription
or adverse possession by the Licensee or any third party against District.
18. This agreement is not intended for the benefit of any third party and is not enforceable by
any third party.
19. If any provision of this agreement is determined by a court of competent jurisdiction to be
invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and
effect.
20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and
feminine genders, the singular number includes the plural, and the plural number includes the singular.
The covenants, conditions and agreements herein contained shall constitute covenants to run with,
and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each
of the parties hereto and on all parties and all persons claiming under them or either of them, and the
advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and
assigns.
NAMPA & MERIDIAN IRRIGATION DISTRICT
By
LICENSE AGREEMENT - Page 4
Its President
0 •
ATTEST:
Its Secretary
CITY OF MERIDIAN
Lo
ATTEST:
STATE OF IDAHO }
ss:
County of Canyon )
On this day of , 2007, before me, the undersigned, a Notary Public in
and for said State, personally appeared Henry Weick and Daren R. Coon, known to me to be the President
and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO )
)ss.
County of Ada )
On this day of , 2007, before me, the undersigned, a notary
public in and for said state, personally appeared and , known to
me to be the and , respectively, of the CITY OF MERIDIAN,
the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me
that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
LICENSE AGREEMENT - Page 5
•
and year in this certificate first above written.
Notary Public for
Residing at
0
My Commission Expires:
LICENSE AGREEMENT - Page 6
0 •
EXHIBIT A
Legal Description
A right-of-way for dual pressure sewer lines from Licensee's North Black Cat Lift Station, on the
east side of Black Cat Road, and then to the east and northerly of the Five Mile Drain to Licensee's Waste
Water Treatment Facility, all of which is located in the Northwest 1/4 of Section 34, Township 4 North,
Range 1 West, B.M., Ada County, Idaho.
EXHIBIT C
P rose of License
The purpose of this License Agreement is to permit and approve Licensee to:
1. construct, install, maintain and repair dual pressure sewer lines parallel to Five Mile Drain
and within the District's fee title land and/or easement,
all within Licensee's right-of-way, located north of the Five Mile Drain from the North Black Cat Lift Station
on Black Cat Road to the Meridian Waste Water Treatment Facility in Meridian, Ada County, Idaho. No
other construction or activity is permitted within or affecting the Five Mile Drain or the District's casement.
EXHIBIT D
Special Conditions
a. The construction described in Exhibit C shall be in performed in accordance with certain
plans consisting of seventeen sheets: sheets 1-17 entitled "City of Meridian, North Black Cat Pressure
Sewer," dated June 28, 2007. These plans have been delivered to the District's water superintendent, are
in his possession in his offices, and are hereby incorporated by this reference.
b. The District owns fee title to the Five Mile Drain and the land necessary to operate, access
and maintain the Five Mile Drain in some of the locations where Licensee intends to construct and install
the sewer lines. In addition, the District may only own an easement in some of the locations where Licensee
intends to construct and install the sewer lines. Regardless of whether the District owns fee title or an
easement, the District, by way of this License Agreement and according to the terms contained herein, grants
Licensee the right to construct, install, operate and maintain the sewer lines within both its fee title lands and
easements.
C. The Licensee recognizes and acknowledges that the license granted in this agreement by the
District may pertain in some locations only to the rights of the District as owner of an easement.
Accordingly, at said locations the District has no right or power to create rights in the Licensee affecting the
holder of title to the property subject to the District's easement. Any such rights affecting fee title must be
acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights
from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall
hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such
failure of rights and at the option of the District this agreement shall be of no force and effect.
LICENSE AGREEMENT - Page 7
d. Licensee represents that Licensee has complied with all federal, state or other laws, rules,
regulations, directives or other requirements in any form regarding environmental matters, and specifically
those relating to pollution control and water quality, as may be applicable under the subject matter, terms
or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with
all such requirements that now exist or that may be implemented or imposed in the future. By executing this
agreement the District assumes no responsibility or liability for any impact upon or degradation of water
quality or the environment resulting from the discharge or other activity by Licensee which is the subject of
this agreement.
C. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all
penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity,
public or private, with respect to environmental matters relating to the subject matter, terms or performance
of this agreement unless the District shall be solely responsible for the condition or activity which gives rise
to any such penalty, sanction, directive, claim , action or requirement.
f. In the event the District is required by any governmental authority to acquire or comply with
any permit or other operational requirements associated with Licensee's discharge and other activity which
is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all
costs and liabilities associated with such permit and other requirements, including but not limited to all costs
associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other
requirements.
g. The parties to this agreement recognize this license agreement is an accommodation to
Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either
express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants
to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any
other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental
environmental agencies.
h. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or
landscaping within the District's fee title land and/or easement, nor perform any construction or activity
within the District's fee title land and/or easement for the Five Mile Drain except as referred to in this
agreement or exhibits thereto without the prior written consent of the District.
i. With respect to those portions in which the District own and easement for the Five Mile
Drain, Licensee acknowledges and confirms that the District's easement includes a sufficient area of land
to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to
access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the
centerline.
j. Construction shall be completed one year from the date of this Agreement. Time is of the
essence.
LICENSE AGREEMENT - Page 8
Exhibit B
Five Mile Drain in NW19,
0% A/ " ...
ft w
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT ACHD ITEM NO. 5-0
REQUEST Approve Public Right of Way Sidewalk Easement Contract for the Lift
Station Site on Black Cat Road between Ustick Road and McMillan Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone: _
Emailed: Staff Initials:
Materials presented at public meetings shall become properly of the City of Meridian.
COMMENTS
See Attached Easement
F -z
Memo
To: Will Berg; Tara Green; Sharon Smith
From: Clint Dolsby, Staff Engineer
CC: Len Grady, City Engineer
J L '� � 2007
City Of Meridian
City Clerk Office
Date: 7/15/2007
Re: Proposed Agenda Item for July 24, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the July
24 City Council agenda, under consent agenda, for Council's consideration:
Water System Redundancy and Storage Evaluation. Murray, Smith & Associates Inc. has
submitted a task order, scope of work, and budget for this project. They propose to
complete the work for $10,000. This is an extension of the miscellaneous wastewater
services agreement amendment approved by City Council on the a of June, 2007 for the
Engineering Services for Miscellaneous Wastewater Projects.
This project consists of a comprehensive evaluation of the City's water infrastructure in terms
of redundancy and storage as required by IDEQ.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for Water System Redundancy and
Storage Evaluation with Murray, Smith & Associates Inc. for $10,000 and
authorize the Mayor to sign it.
License Agreement for the North Black Cat Pressure Sewer. A request for license
agreement with the Nampa and Meridian Irrigation Districts to construct pressure sewer line
within the Five Mile Drain has been received by the Public Works Department. This license
agreement is necessary in order to construct the North Black Cat Pressure Sewer:
Recommended Council Action: The Public Works Department recommends
that City Council approves the License Agreement to construct pressure sewer
line within the Five Mile Drain and authorize the Mayor to sign it.
Public Right -of -Way Sidewalk Easement Contract for the North Black Cat Lift Station. A
public right-of-way sidewalk easement has prepared by the Ada County Highway District for
0 Page 1
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 08110107 11:11 AM
DEPUTY Bonnie Oberbillig ll I I I ll II IIT ll I II II "I I lI II I'll I III
UN R1W sec 34 RECORDED -REQUEST OF
MSPR-07-47 Meridian City 1071165
(Reserved for Ada County Recorder)
PUBLIC RIGHT-OF-WAY EASEMENT
(SIDEWALK)
THIS RIGHT-OF-WAY SEMENT (SIDEWALK) (the "Easement"), is made and
entered into this day of 2007, by and between City of
Meridian, whose current adds ,s is t60 E Watertower, Suite 200, Meridian, ID 83642,
hereinafter referred to as "GRANTOR," and ADA COUNTY HIGHWAY DISTRICT, a
body politic and corporate of the State of Idaho, hereinafter referred to as "ACHD';
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION IT IS AGREED:
SECTION 1. Recitals.
1.1 GRANTOR owns the real property located in Ada County, Idaho more
particularly described on Exhibit "A" attached hereto and by this reference incorporated
herein (hereinafter "Servient Estate") and is in the process of developing the property
adjoining the Servient Estate, and on the terms and conditions hereinafter set forth,
GRANTOR desires to grant this easement on, over and across the Servient Estate to
ACHD for the public uses and purposes hereinafter described, reserving the right,
however, to construct a concrete sidewalk (hereinafter the "Improvement") thereon.
1.2 On the terms and conditions hereinafter set forth ACHD desires to extend
its system of public sidewalks to include that to be constructed by GRANTOR on the
Servient Estate, and upon GRANTOR's completion of construction of the Improvement
on, over and across the Servient Estate, and when ACHD has accepted the same,
ACHD desires that the Improvement and the Servient Estate become a part of its
system of Highways (hereinafter "Highways") as that term is defined in Idaho Code,
section 40-109(5), for ACHD and the public use hereinafter described. ACHD's system
of Highways is hereinafter referred to as the "Dominant Estate".
1.3 As provided in Idaho Code, section 40-1412, ACHD Ordinance Number
190 and the ACHD Policy Manual, the adjacent property owner has the responsibility to
pay for the repair and maintenance of the Improvement.
Sidewalk Easement, page 1
(11-19-01)
S:WCHDRW\Deeds-Easements\Sidewalk Easement-1VISPR-07-47 N Black CAt Lift- 6-07.doc
SECTION 2. Grant and Authorized Use.
GRANTOR hereby grants to ACHD a perpetual and exclusive easement for a
public right-of-way on, over and across the Servient Estate for the Improvement, for
use by those members of the public who are pedestrians (as defined in Idaho Code,
section 49-117) and by bicyclists (if the Servient Estate is located in an area where
bicycles are allowed to be ridden on sidewalks), and the statutory rights, if any, of
utilities to use the public right-of-way, and for ACRD, its employees, agents and
contractors access to inspect, repair and maintain the Improvement.
SECTION 3. Reservation of Access for Construction by GRANTOR: Covenant to
Construct: Repair and Maintenance.
3.1 GRANTOR reserves access to and from the Servient Estate for
GRANTOR and GRANTOR's employees, agents and contractors to construct the
Improvements thereon.
3.2 GRANTOR covenants and agrees to construct the Improvements on the
Servient Estate in accordance with designs approved in advance by ACHD, in writing,
ACHD policies and good engineering practices, at no cost or expense to ACHD.
SECTION 4. GRANTOR's Indemnification GRANTOR shall indemnify and save and
hold harmless ACHD, its Commissioners and employees, from and against all claims,
actions or judgments for damages, injury or death caused by or arising out of the
construction of the Improvement, and including reimbursement for any costs of suit and
fees of its attorneys which are incurred should ACHD be required to defend any such
claims or actions.
SECTION 5. Term of Easement. The term of the Easement herein granted to ACHD
is perpetual.
SECTION 6. Covenants Run with the Land.
This Easement is a burden upon the Servient Estate and appurtenant to and for
the benefit of the Dominant Estate, and shall run with the land.
SECTION 7. Recordation.
This Easement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
TO HAVE AND TO HOLD this Easement unto the ACHD forever.
GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful
possession of the Servient Estate throughout the term hereof; and, (b) GRANTOR
Sidewalk Easement, page 2
(11-19-01)
S:IACHDRW1Deeds-Easements\Sidewalk Easement-MSPR-07-47 N Black CAt Lift- 6-07.doc
% y
warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient
Estate and has the right and authority to grant this Easement to ACRD.
IN WITNESS WHEREOF, this Easement has been duly executed by the
GRANTOR the day, month and year herein first above written.
ATTEST:
CLER
STATE OF IDAHO )
) ss.
County of Ada )
GRANTOR
City of Meridian
c,, Mayor_
`` P el-� 7- Z'$ 0 7
ON THIS � day of ,-uly , 2007, before me aNota
Public in and for said State, personally appeared Tammy de Weerd and j(�;II��mC �j�
. known to me to be the Mayor and Clerk of the City of Meridian, the
municipal corporation that executed and attested the within instrument, and
acknowledged to me that they executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
•0008..••
Notary Public for Idaho ::�; °,lOTA1p,,,�,•
My Notary Commission Expires
Residing at dwa( , Idaho %
Atj�,tG P:�®�.
OF
•same••
Sidewalk Easement, page 3
(11-19-01)
S:\ACHDRW\Deeds-Easements\Sidewalk Easement-MSPR 07-47 N Black CAt Lift- 6-07.doc
Project: 10-05-026
Date: May 30, 2007
EXHIBIT A-1
SIDEWALK/ LANDSCAPE
EASEMENT
That portion of the Northowe�d of Survey 7917rt1n srument Noange I . Boise Meridian, Ada County, Idaho, as shown on Reco
107073620, and more particularly described as follows:
ch the Northwest
Commencing at the With 00 comer East, 2,631� 60 feeon 34 t hencie along the Westerly
comer of Section 34 bears No
boundary line of said Northwest 1/4 of Section 34; North 00°27'22" East, 651.37 feet; thence
South 89°32'38" East, 48.00 feet to the POINT OF BEGINNING
thence continuing along said line, South 89 ° 3238" East, 20.00 feet;
thence South 00°27'22" West, 145.10 feet;
thence North 78' 15'37" West, 20.39 feet;
thence North 00° 27'22" East, 141.11 feet to the POINT OF BEGINNING.
Containing 0.066 acres, more or less.
END OF DESCRIPTION
Prepared by:
J -U -B ENGINEERS, Inc.
Gregory E. Holkesvig, P.L.S.
OF
®wY E. �Oti
GEH:Ihc
PAPHWo-o5-026-Meridian North Black Cat\Admin\Descriptions\SIDEWALK-LANDSCAPE EASE.doc
N N
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT ACHD ITEM NO. 5-P
REQUEST Approve Right of Way Dedication Warranty Deed for the North Black
Cat Lift Station
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
See Attached Warranty Deed / Memo
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
/
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Date: Phone:
Emailed:
Staff Initials:
Materials presented at public meetings shall become properly of the City of Meridian.
N
City
of
Meridian
i
Works
Dept.
Public
Memo
To: Will Berg; Tara Green; Sharon Smith
From: Clint Dolsby, Staff Engineer
CC: Len Grady, City Engineer
ORIN111 K-1011'*'U�Rli
JUL � 8 2007
City of Meridian
City Clerk ice
Date: 7/15/2007
Re: Proposed Agenda Item for July 24, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the July
24 City Council agenda, under consent agenda, for Council's consideration:
Water System Redundancy and Storage Evaluation. Murray, Smith & Associates Inc. has
submitted a task order, scope of work, and budget for this project. They propose to
complete the work for $10,000. This is an extension of the miscellaneous wastewater
services agreement amendment approved by City Council on the a of June, 2007 for the
Engineering Services for Miscellaneous Wastewater Projects.
This project consists of a comprehensive evaluation of the City's water infrastructure in terms
of redundancy and storage as required by IDEQ.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for Water System Redundancy and
Storage Evaluation with Murray, Smith & Associates Inc. for $10,000 and
authorize the Mayor to sign it.
License Agreement for the North Black Cat Pressure Sewer. A request for license
agreement with the Nampa and Meridian Irrigation Districts to construct pressure sewer line
within the Five Mile Drain has been received by the Public Works Department. This license
agreement is necessary in order to construct the North Black Cat Pressure Sewer:
Recommended Council Action: The Public Works Department recommends
that City Council approves the License Agreement to construct pressure sewer
line within the Five Mile Drain and authorize the Mayor to sign it.
Public Rght-of-Way Right-of-WaySidewalk Easement Contract for the North Black Cat Lift Station. A
public right-of-way sidewalk easement has prepared by the Ada County Highway District for
9 Page 1
N so
the lift station site on Black Cat Road between Ustick Road and McMillan Road for this
project.
Recommended Council Action: The Public Works Department recommends
that City Council approves the public right-of-way easement contract for the lift
station site on Black Cat Road between Ustick Road and McMillan Road for
Ada County Highway District and authorize the Mayor to sign it.
Right of Way Dedication Warranty Deed for the North Black Cat Lift Station. A right-of-way
dedication warranty deed has prepared by the Ada County Highway Distract for the lift station
site on Black Cat Road between Ustick Road and McMillan Road for this project.
Recommended Council Action: The Public Works Department recommends
that City Council approves the right-of-way dedication warranty deed for the lift
station site on Black Cat Road between Ustick Road and McMillan Road for
Ada County Highway District and authorize the Mayor to sign it.
North Black Cat Pressure Sewer. Ten bids were received for this project as summarized
below and detailed in the attached spreadsheet:
H2 Excavation LLC
$398,376.00
Lurre Construction, Inc
$466,491.00
Sommer Construction, Inc
$465,300.00
Whitaker Construction Company
$664,319.00
T.A. Dibble
$870,540.00
Bodiford Construction, Inc
$422,050.00
Brown Construction, Inc
$526,763.00
Knife River
$474,011.30
McKay Construction, Inc
$497,923.48
Pipe, Inc
$579,777.00
The Project consists of construction of approximately 5,147 lineal feet of dual 10"116" pressure
sewers, 63 lineal feet of 15" gravity irrigation pipe, surface repairs, clean -outs, airtvac stations,
irrigation manholes, connection vault, dewatering, storm water management, and other related
and miscellaneous work.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the North Black Cat Pressure Sewer
with H2 Excavation LLC for $398,376 and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
9 Page 2
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4
BOISE IDAHO 08/10107 11:11 AM
T4N RlW Sec 34 DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
MSPR-07-47 RECORDED -REQUEST OF 107113634
Black Cat Lift Station Meridian City
(Reserved for Ada County Recorder)
WA►RR ANTY DEED
r
THIS INDENTURE, made this day of 2007, City of
Meridian, whose current address is 600 W Watertower, Sui 200, eridian, ID 83642, the
"GRANTOR". and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the
State of Idaho, the "GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold,
and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors
and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF
IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a
part hereof,
TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto,
the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining,
the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the
"Premises,').
F
SUBJECT TO general taxes and assessments for the current year which are not yet due
and payable, easements of record or obvious on a physical inspection of the Premises, any
recorded reservation of oil and/or mineral rights and covenants of record.
Subject to those exceptions to title to which this conveyance is expressly made subject
and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the
GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful
possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and
assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and
authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title
from all lawful claims whatsoever.
The current address of the GRANTEE is:
Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714-6499
Warranty Deed, page 1
(10/27/01)
S:\ACHDRW\Deeds-Easements\Warranty Deed-MSPR-07-47 NBIackCatLift 6-07.doc
40
IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the
GRANTOR, the day, month and year herein first above written.
GRANTOR
City of Meridian
Mayor
ON THIS 24 " day of _u �y , 2007, before me a Notary Public in
and for said State, personally appeared Tammy de Weerd and WitIt4M own to
me to be the Mayor and Clerk of the City of Meridian, the municipal corporation at executed
and attested the within instrument, and acknowledged to me that they executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
Axa -m —�, A At
Notary Public for Idaho
My Notary Commission Expires
Residing at(''Lt-1-1_, Idaho
Warranty Deed, page 2
(10/27/01)
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STATE OF IDAHO )
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County of Ada )
Mayor
ON THIS 24 " day of _u �y , 2007, before me a Notary Public in
and for said State, personally appeared Tammy de Weerd and WitIt4M own to
me to be the Mayor and Clerk of the City of Meridian, the municipal corporation at executed
and attested the within instrument, and acknowledged to me that they executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
Axa -m —�, A At
Notary Public for Idaho
My Notary Commission Expires
Residing at(''Lt-1-1_, Idaho
Warranty Deed, page 2
(10/27/01)
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Project: 10-05-026
Date: May 30, 2007
EXHIBIT A-1
BLACK CAT ROAD
A.C.H.D. RIGHT-OF-WAY
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That portion of the Northwest 1/4 of Section 34, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho, as shown on a Record of Survey 7917, Instrument Number
107073620, and more particularly described as follows:
Commencing at the West '/a corner of said Section 34 from which the Northwest
corner of Section 34 bears North 00°27'22" East, 2,631.60 feet; thence along the Westerly
boundary line of said Northwest'/a of Section 34; North 00°2T22" East, 515.56 feet to the
POINT OF BEGINNING;
thence continuing along said Westerly boundary line North 00°27'22" East, 135.81 feet;
thence South 89 ° 3238" East, 48.00 feet;
thence South 00°27'22" West, 141.11 feet to the Northerly boundary tine of Five Mile Drain;
thence along said Northerly boundary line North 78° 1537" West, 5.50 feet;
thence continuing along said Northerly boundary line North 83 ° 53'05" West, 42.81 feet to the
POINT OF BEGINNING.
Containing 0.152 acres, more or less.
END OF DESCRIPTION
Prepared by:
J -U -B ENGINEERS, Inc.
Gregory E. Hotkesvig, P.L.S.
LAND
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MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT H2 Excavation, LLC ITEM NO.
REQUEST Approve Contract for the North Black Cat Pressure Sewer for $398,376
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
COMMENTS
e5�— &--7
Materials presented at public meetings shall become property of the City of Meridian.
M
Memo
To: Will Berg; Tara Green; Sharon Smith
From: Clint Dolsby, Staff Engineer
CC: Len Grady, City Engineer
JUL 18 2007
City Of Meri.diau
City Clem ice
Date: 7/15/2007
Re: Proposed Agenda Item for July 24, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the July
24 City Council agenda, under consent agenda, for Council's consideration:
Water System Redundancy and Storage Evaluation. Murray, Smith & Associates Inc. has
submitted a task order, scope of work, and budget for this project. They propose to
complete the work for $10,000. This is an extension of the miscellaneous wastewater
services agreement amendment approved by City Council on the 5t' of June, 2007 for the
Engineering Services for Miscellaneous Wastewater Projects.
This project consists of a comprehensive evaluation of the Citys water infrastructure in terms
of redundancy and storage as required by IDEQ.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for Water System Redundancy and
Storage Evaluation with Murray, Smith & Associates Inc. for $10,000 and
authorize the Mayor to sign it.
License Agreement for the North Black Cat Pressure Sewer. A request for license
agreement with the Nampa and Meridian Irrigation Districts to construct pressure sewer line
within the Five Mile Drain has been received by the Public Works Department. This license
agreement is necessary in order to construct the North Black Cat Pressure Sewer.
Recommended Council Action: The Public Works Department recommends
that City Council approves the License Agreement to construct pressure sewer
line within the Five Mile Drain and authorize the Mayor to sign it.
Public Right -of -Way Sidewalk Easement Contract for the North Black Cat Lift Station. A
public right-of-way sidewalk easement has prepared by the Ada County Highway District for
0 Page 1
M so
the lift station site on Black Cat Road between Ustick Road and McMillan Road for this
project.
Recommended Council Action: The Public Works Department recommends
that City Council approves the public right-of-way easement contract for the lift
station site on Black Cat Road between Ustick Road and McMillan Road for
Ada County Highway District and authorize the Mayor to sign it.
Right -of -Way Dedication Warranty Deed for the North Black Cat Lift Station A right-of-way
dedication warranty deed has prepared by the Ada County Highway District for the lift station
site on Black Cat Road between Ustick Road and McMillan Road for this project.
Recommended Council Action: The Public Works Department recommends
that City Council approves the right-of-way dedication warranty deed for the lift
station site on Black Cat Road between Ustick Road and McMillan Road for
Ada County Highway District and authorize the Mayor to sign it.
North Black Cat Pressure Sewer. Ten bids were received for this project as summarized
--^� below and detailed in the attached spreadsheet:
• H2 Excavation LLC
$398,376.00
• Lurre Construction, Inc
$466,491.00
• Sommer Construction, Inc
$465,300.00
• Whitaker Construction Company
$664,319.00
• T.A. Dibble
$870,540.00
• Bodiford Construction, Inc
$422,050.00
• Brown Construction, Inc
$526,763.00
• Knife River
$474,011.30
• McKay Construction, Inc
$497,923.48
• Pipe, Inc
$579,777.00
The Project consists of construction of approximately 5,147 lineal feet of dual 10716" pressure
sewers, 63 lineal feet of 15° gravity irrigation pipe, surface repairs, clean -outs, air/vac stations,
irrigation manholes, connection vault, dewatering, storm water management, and other related
and miscellaneous work.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the North Black Cat Pressure Sewer
with H2 Excavation LLC for $398,376 and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
0 Page 2
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July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT ITEM NO. 5-R
REQUEST Second lease Amendment to Lease Agreement for Office Space
between the City of Meridian and the State of Idaho by and through the
Department of Corrections
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
See Attached Lease Amendment
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT: myvll�
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
SECOND LEASE AMENDMENT
THIS LEASE AMENDMENT, made and entered into this day of
2007, by and between City o NeAdist 33 East Idaho Street, Meridian, ID 83642,
(hereinafter referred to as "LESSOR") and the STATE OF IDAHO, by and through the
Department of Correction (hereinafter referred to as "LESSEE"), is a second
amendment to the original LEASE AGREEMENT FOR SPACE between the LESSOR
and the LESSEE entered into on June 24, 2002, for space located at Room 103 in 1401
East Watertower Street, Meridian, Idaho.
WITNESSETH
'WHEREAS, the LESSEE has been leasing from LESSOR Room 103 in 1401
East Watertower Street, Meridian Idaho on a month to month basis since June 30, 2004,
the date of the end of the contract term as set forth in the LEASE AMENDMENT to the
LEASE AGREEMENT FOR SPACE; and
WHEREAS, the parties desire to amend the LEASE AGREEMENT FOR
SPACE; and
WHEREAS, the LESSEE is legally authorized to enter into this amendment by
power granted by Title 57, Chapter 67 of Idaho Code, with the approval of the
Department of Administration;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the
LEASE AGREEMENT FOR SPACE is hereby amended as follows:
Term of Lease Agreement. The term of the LEASE AGREEMENT FOR SPACE as
amended by the LEASE AMENDMENT shall be extended and, as time is of the essence,
shall end at midnight on June 30, 2010. The Parties agree that this Lease Agreement is
subject to the termination, expiration, and renewal rights set forth in the LEASE
AGREEMENT FOR SPACE. The Lessee may, at the expiration of the term of this Lease
Agreement and without the necessity of renewing said Lease Agreement, continue in its
occupancy of the Premises on a month to month basis upon the terms and conditions set
forth in this Lease Agreement for a period not to exceed one (1) year. The Lessor may
terminate the Lessee's month to month occupancy upon ninety (90) days' prior written
notice to the Lessee.
No Additional Provisions. The parties agree that all provisions of the original LEASE
AGREEMENT FOR SPACE dated June 24, 2002 and all previous agreements, unless
specifically hereby amended, shall remain in force during the period covered by the
Lease Amendment. No other understanding, whether oral or written, whether made prior
to or contemporaneously with this Lease Amendment, shall be deemed to enlarge, limit
or otherwise affect the operation of the LEASE AGREEMENT FOR SPACE or this
SECOND LEASE AMENDMENT.
SECOND LWEAMENDMENT to LE"AGREEMENT FOR,SPACE—Page I of z' '
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July 20, 2007
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VAC 07-009
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT ATM Development, LLC ITEM NO. 5-S
REQUEST Resolution No : Request for a Vacation of the public utilities, drainage,
irrigation easements, a future road easement and a farm access easement for Lots 3, 4, 5 & 6
Block 1 of Kachina Estates Sub for Cabella Creek - North of Victory Rd & West of Locust Grove Rd
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
COMMENTS
See Attached Resolution
Phone:
CITY OF MERIDIAN
ADA COUNTY RECORDER J. DWRRO AMOUNT .00 3
BOISE IDAHO 07/27/07 12:04 PP4
DEPUTY Use Irby
RECORDED -REQUEST OF III I'IIIIII'IIIIIIIIIIIII'llllll I I I
Meridian City 107106315
RESOLUTION NO. O 7— S�
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA
A RESOLUTION VACATING THE PUBLIC UTILITIES, DRAINAGE
AND IRRIGATION EASEMENTS, A FUTURE ROAD EASEMENT, A FARM
ACCESS EASEMENTS ON LOTS 3, 4, 5, AND 6, BLOCK 1 OF KACHINA
ESTATES SUBDIVISION LOCATED IN THE SE 1/ OF SECTION 19,
TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY,
STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 17, 2007 the City Council of the City of Meridian, held a
public hearing on the vacation of the public utilities, drainage and irrigation easements, a
future road easement, and a farm access easement on Lots 3, 4, 5, & 6, Block 1 of
Kachina Estates Subdivision, located in the SE 1/ of Section 19, Township 3 North,
Range 1 East, City of Meridian, Ada County, State of Idaho, and
WHEREAS, after such hearing, the City Council, by formal motion, did approve
said described vacation; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That the vacation of the of the public utilities, drainage and irrigation
easements, a future road easement, and a farm access easement on Lots 3, 4, 5, & 6,
Block 1 of Kachina Estates Subdivision, located in the SE'/ of Section 19, Township 3
North, Range 1 East, City of Meridian, Ada County, State of Idaho, is hereby vacated.
Copies of the necessary relinquishments are attached as Exhibit "A".
VACATION OF PUBLIC UTILITIES, DRAINAGE AND IRRIGATION EASEMENTS,
A FARM ACCESS EASTMENT AND A FUTURE ROAD EASEMENT
FOR CABELLA CREEK - VAC 07-009 Page 1 of 2
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Section 2. That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this � day of cLt,e , 2007.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this ?i¢ day of 2007.
WILLIAM G. BERG,
STATE OF IDAHO,
ss
County of Ada
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�ra�ergrr:� �,��°°°°
On this fh day of Tuiu , 2007, before me, the
undersigned, a Notary Public in and for said State, personally appeared TAMMY de
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
•0668. •80•
:•• ''1S0T.9Q:
(SEAL) ,';i4; -NOTARY PUBL FOR IDAHO
�'x• RESIDING AT:
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i MY COMMISSION EXPIRES: 10-11-11
4.".N -t -1c . •
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VACATION OF PUBLIC UTILITIES, DRAINAGE AND IRRIGATION EASEMENTS,
A FARM ACCESS EASTMENT AND A FUTURE ROAD EASEMENT
FOR CABELLA CREEK - VAC 07-009 Page 2 of 2
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Easements to Be Vacated
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July 20, 2007 VAC 07-013
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Teach Invesments & Seagle Three, LLC ITEM NO. 5-T
REQUEST Resolution No : Request for Vacation of the public utility
easement platted on Lots 1-3, Block 2 for Doris Subdivision - 1330 East Fairview
Avenue
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See Affached Resolution
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become properly of the City of Meridian.
• ADA COUNTY RECORDER J. DAVI&ARRO AMOUNT .00 3
BOISE IDAHO 07/27/07 12:04 PM
DEPUTY D- Irby
RECORDED -REQUEST OF 1��10�316
Meridian City
CITY OF MERIDIAN RESOLUTION NO. 69 , 70
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA
A RESOLUTION VACATING THE PUBLIC UTILITY EASEMENT
LOCATED ON A PORTION OF LOT 3, BLOCK 2 OF DORIS SUBDIVISION AS
SHOWN IN BOOK 16 OF PLATS AT PAGE 1080, ADA COUNTY RECORDS,
AND LOCATED IN THE SE % OF SECTION 6, TOWNSHIP 3 NORTH, RANGE
1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 17, 2007 the City Council of the City of Meridian, held a
hearing on the vacation of the public utility easement located on a portion of lot 3, block
2 of Doris Subdivision as shown in Book 16 of plats at Page 1080, Ada County Records,
and located in the SE '/ of Section 6, Township 3 North, Range 1 East, City of Meridian,
Ada County, State of Idaho, and
WHEREAS, after such hearing, the City Council, by formal motion, did approve
said described vacation; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That the vacation of the public utility easement located on a portion of
lot 3, block 2 of Doris Subdivision as shown in Book 16 of plats at Page 1080, Ada
County Records, and located in the SE 1/ of Section 6, Township 3 North, Range 1 East,
City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary
relinquishments are attached as Exhibit "A".
Section 2. That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
VACATION OF PUBLIC UTILITY EASEMENT DORIS SUBDIVISION - VAC 07-013 Page 1 of 2
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this 24 7 day of �(�� , 2007.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this 24 day of S-74t'(P , 2007.
ATTEST:
WILLIAM G. BERG, JR., CITY
STATE OF IDAHO, )
ss
County of Ada )
XQI;L�T de WEERD
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On this 2A* day of 2007, before me, the
undersigned, a Notary Public in and for said Statb, personally appeared TAMMY de
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL) •••• • G4 14•. TARRUBLIIQ FORIDAHO
RESIDING AT: f d Uf U
MY COMMISSION EXPIRES: 10-11 —u
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VACATION OF PUBLIC UTILITY EASEMENT DORIS SUBDIVISION - VAC 07-013 Page 2 of 2
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ADA COUNTY RECORDER J. DAWVARRO AMOUNT .00 3
BOISE IDAHO 07/27107 12:04 PIS►
DEPUTY Usa Irby I
RECORDED -REQUEST OF
Meridian City 107106316
CITY OF MERIDIAN RESOLUTION NO. e7, 570
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA
A RESOLUTION VACATING THE PUBLIC UTILITY EASEMENT
LOCATED ON A PORTION OF LOT 3, BLOCK 2 OF DORIS SUBDIVISION AS
SHOWN IN BOOK 16 OF PLATS AT PAGE 1080, ADA COUNTY RECORDS,
AND LOCATED IN THE SE % OF SECTION 6, TOWNSHIP 3 NORTH, RANGE
1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 17, 2007 the City Council of the City of Meridian, held a
hearing on the vacation of the public utility easement located on a portion of lot 3, block
2 of Doris Subdivision as shown in Book 16 of plats at Page 1080, Ada County Records,
and located in the SE '/ of Section 6, Township 3 North, Range 1 East, City of Meridian,
Ada County, State of Idaho, and
WHEREAS, after such hearing, the City Council, by formal motion, did approve
said described vacation; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That the vacation of the public utility easement located on a portion of
lot 3, block 2 of Doris Subdivision as shown in Book 16 of plats at Page 1080, Ada
County Records, and located in the SE'/ of Section 6, Township 3 North, Range 1 East,
City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary
relinquishments are attached as Exhibit "A".
Section 2. That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
VACATION OF PUBLIC UIILITY EASEMENT DORIS SUBDIVISION - VAC 07-013 Page 1 of 2
0 0
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this 24 '-' day of 2007.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this �� day of r-7 2007.
CURIAL
A de NMERD
1ATTEST:WILLIAM G. BERG, JR., CITY CL U/fill 11 11M o�
STATE OF IDAHO, )
ss
County of Ada }
On this 2#% day of 2007, before me, the
undersigned, a Notary Public in and for said Statb, personally appeared TAMMY de
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
•••some.,*I L-1�--�
(SEAL) • it
*1 Gly 1qdTARY PUBLI FOR IDAHO
�•�,� % pT `•. �7• RESIDING AT: PUBLIC FOR
, 10
MY COMMISSION EXPIRES: 10.1 ]V
. i
VACATION OF PUBLIC UTILITY EASEMENT DORIS SUBDIVISION - VAC 07-013 Page 2 of 2
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July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT ITEM NO. 5-11.11
REQUEST Resolution No : Appointments for Board Members and
Alternates to the Valley Regional Transportation Authority
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
COMMENTS
See Attached Resolution
Date:
Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
•
CITY OF MERIDIAN
RESOLUTION NO.
0
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR BOARD
MEMBERS AND ALTERNATES TO THE VALLEY REGIONAL
TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Meridian by the passage of Resolution No. 04-446 on
October 19, 2004 designated representatives to serve as primary and alternates for the
Valley Regional Transportation Authority; and
WHEREAS, due to changes of members of the City Council and staff warranted
the need to change the designated primary and alternate representatives; and
WHEREAS, Idaho Code 40-2106(3) states board members shall be appointed by
resolution of the appointment agency;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That pursuant to Idaho Code 40-2106, that the following persons be
appointed to the Valley Regional Transportation Authority Board:
City Councilmember Charles M. Rountree as a primary representative
City Councilmember David Zaremba as a primary representative
Associate City Planner Matthew Ellsworth as an alternative representative
Comprehensive Planning Manager Peter Friedman as an alternative
representative
Section 2. That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this Z'f daY of
2007.
APPROVED by the Mayor of the City of Meridian, Idaho, this 'day of
2007.
RESOLUTION FOR VALLEY REGIONAL TRANSPORTAION AUTHORITY Page 1 of 2
APPROVED:
>acm�'� e Weerd
ATTEST:
BEAL
William G. Berg, Jr., City W1er 7
''sss//+����/04001111111\1\4t�0�� a�a
RESOLUTION FOR VALLEY REGIONAL TRANSPORTAION AUTHORITY Page 2 of 2
•
•
July 20, 2007 AZ 06-007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Solitude Development, LLC ITEM NO. S -V
REQUEST Addendum to Development Agreement — Request to Amend
Section 4.1 of the original Development Agreement for Solitude Subdivision
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See attached
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY (�
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
No • Page 1 of 1
Sharon Smith
From: Sharon Smith
Sent: Monday, July 23, 2007 2:39 PM
To: Will Berg; Tara Green
Cc: C. Caleb Hood; Jennifer Veatch; Michelle Albertson
Subject: Addendum to Development Agreement for Solitude Subdivision AZ 06-007
Caleb called last Friday regarding the above document, which was inadvertently filed in their AZ file. This item
needs to be approved by City Council and then recorded. The addendum was apparently necessary to clean up
section 4.1.
Tara is adding it onto the revised agenda for tomorrow, July 24, 2007 City Council. Thanks!
Sharon Smith
Sr. Deputy City Clerk
Meridian City Clerks Office
Phone 208.888.4433
7/23/2007
0 0
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 46
BOISE IDAHO 07/27/07 12:04 PM
DEPUTY Usa Irby + t +
RECORDED -REQUEST OF
Medd(an Clip 107106319
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Providence Development, LLC, Developer
3. Solitude Development, LLC, Owner
OCT b
TF ', T
The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into
on the 8th day of August, 2006. This addendum is made and entered into this day
Of 047 O E - r2 , 2006, by and between CITY OF MERIDIAN, a municipal
corporation of the State of Idaho, hereafter called CITY, Providence Development, LLC,
whose address is 701 S. Allen Street, Meridian, Idaho, 83642, hereinafter called
DEVELOPER, and Solitude Development, LLC, whose address is 701 S. Allen Street, #106,
Meridian, Idaho 83642, hereinafter called OWNER.
OWNER and DEVELOPER agree to be bound by the terms of the original
Development Agreement (instrument # 106133466), approved on August 8, 2006 on the land
described in Exhibit "A", except as specifically regarding the following items:
1. The parties hereto agree that the development of the property described in Exhibit
"A" shall be in accordance with the terms of the above described Development
Agreement, exhibit `B", or those City ordinances in effect at that time any
subsequent conditional use application is filed, whichever are more restrictive.
2. That the original Development Agreement, Instrument # 106133466, approved on
August 8, 2006, and recorded on August 17, 2006, be amended by modifying the
following:
Page 3, Section 4.1— deleting the allowed uses section as follows:
"Construction and development of a Certificate of Zoning Compliance
shall be submitted to the City of Meridian prior to a future development in
the R-8 zone, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this AZ -007 application. "
This Section 4.1 shall be replaced with the following allowed uses:
"Construction and development of a residential subdivision with 225 single-
family residential building lots and 9 common lots on 59.88 acres in the R-8
zone pertinent to this AZ 06-007 application."
3. That Owner and/or Developer agree to abide by all ordinances of the City of
Meridian and the Property shall be subject to de -annexation of the Owner and/or
Developer, or their assigns, heirs, or successor shall not meet the conditions of
this addendum to the Development Agreement, and any new Ordinances of the
City of Meridian as herein provided.
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ06-007) SOLITUDE SUBDIVISION
PAGE I OF 5
4. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's
corporate authorities and their successors in office. This second addendum shall
be binding on the Owner and/or Developer of the Property, each subsequent
owner and any other person(s) acquiring an interest in the Property. Nothing
herein shall in any way prevent sale or alienation of the Property, or portions
thereof, except that any sale or alienation shall be subject to the provisions hereon
and any successor owner or owners shall be both benefited and bound by the
conditions and restrictions herein expressed. City agrees, upon written request of
Owner and/or Developer, to execute appropriate and recordable evidence of
termination of this addendum if City, in its sole and reasonable discretion, had
determined that Owner and/or Developer have fully performed their obligations
under this Addendum.
5. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum
and the invalidity thereof shall not affect any of the other provisions contained
herein.
6. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner and/or Developer and City relative to the subject
matter herein, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between Owner and/or Developer and
City, other than as are stated herein. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this second addendum
shall be binding upon the parties hereto unless reduced to writing and signed by
them or their successors in interest or their assigns, and pursuant, with respect to
City, to a duly adopted ordinance or resolution of City.
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein provided
for can be modified or amended within the approval of the City Council
after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in
force at the time of the proposed amendment.
7. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ06-007) SOLITUDE SUBD.IVJSION
PAGE 2 OF 5
0 • •
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
Made it effective as hereinabove provided.
Attest:
William G. Berg, Jr.,
OWNER:
PROVIDENCE DEVELOPMENT GROUP, LLC
BY:
rl)
E. Don Hubble
DEVELOPER:
SOLITUDE DEVELOPMENT, LLC
BY: r_�ewa -
E. Don Hubble
CITY OF MERIDIAN
BY: m4AZ�z
Mayor T y e Weerd
=F319AL
� e, ("M�
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ06-007) SOLITUDE SUBDCV ISION
PAGE 3 OF 5
0 • • 0
STATE OF IDAHO, )
ss
County of Ada, )
On this day of a L " ; , 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared E. Don Hubble, known or identified to me to be
the Manager of Providence Development Group, LLC, acknowledged to me that he executed the
same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
�1 1GLAEHJ�6 III/
-
s
.01
- r
♦ .. p ..
IS7ATE 0���
STATE OF IDAHO, )
ss
County of Ada, )
Notary Public for Idaho
Residing at: / lr [ t d/ i -Lis
My Commission Expires: — I''- J I
On this /(, �-� day of t �2 , 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared E. Don Nubble, known or identified to
me to be the Manager of Solitude Development, LLC, acknowledged to me that he executed the
same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
oTj •
OF
Residing at:". cc,
My Commission Expires: ( X f
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ06-007) SOLITUDE SUBDIVISION
PAGE 4 OF 5
STATE OF IDAHO )
ss
County of Ada }
h �
On this 2C�t day of 200, before me, a Notary Public,
personally appeared Tammy de Weerd and Wil am G. Berg, Jr., known or identified to me to be
the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the
person that executed the instrument of behalf of said City, and acknowledged to me that such
City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
(SEAL) �� ••,�'►U T `¢lf••i
• r P
•
_ICS �,,�� .•:
otary Public for Idaho
Residing at: 0111 &j it
Commission expires: _ 10A 1 :1 1
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ06-007) SOLITUDE SUBDIVISION
PAGE 5 OF 5
Legal Description
IDAHO 1450 CaaWaaxvowor Sc
Sane ISO
SURVEY MwiftmIdaho 83642
GROUP Phone (101) 846.s570
Fax (M) 88443"
Proposed Solitude Place Subdivision
January 12, 2006
A parcel of land located in 0overnroent Lots 1 and 2, and the NE'/, of the NW Y.
and the SIE % of the NW` V.. of Section 31, T.4 N., ME., B.M.. Ada Courtly, Idaho, mote
Particularly described as follows: CMM erwing at the NW comer of the said Section 31,
the REAL. POINT OF BIEGINNING;
Then" along the North boundary of said Section 31 Nordt 89°59'25" East,
1423.56 feet;
Thence South 00'23'56" West,1994.73 iia to the SE corner of the W y of the
NW K of the SE i of the NW %Y, of said Section 31;
Thence along the South boundary of said W %, of the NW %. of the SE K of the
NW K. and of Government Lot 2 of the said Section 31 South 89°57'50" West. 1418.57
feet to a point on the Weer boundary of said Section 31;
Thence along said West boundary North 00' 15'20" East, 1150.10 foot;
Thence South 89049'SO" East, 484.45 feta;
Thence North 00°1072" East, 467.89 feet;
Thence North 89049150" West. 483.77 feet to a point on the West boundary of
said Section 31;
Thence along said West boundary NoM Mcl5'20" East, 377.37 feet to tho
POINT OF BEGINNING. Containing 59.88 acres. more or less.
Thta description written Gam data ofrecord without benefit of a field survey.
r
t3Y . '''
JAN v ?QD6
�jp6Rrc3 a6PftC
Professional Land Surveyors
0 • ... ...
ADA COUNTY RECOMOER J. OAIIIO NAUARRO AMOUNT .00 41
BOISE IDAHO O 117M 01:17 PM
DEPUTY Pad Thompson
C c0AADIdIREOU�T OF en MR6MPM
DEVELOPMENT AGREEMENT
PARTIES: ' 1. City of Meridian
2. Providence Development Group, LLC, Developer
3. Solitude Development, LLC, Owners
THIS REVELOP T AGREEMENT (this "Agreement'), is made and
entered into this_ day of 2006, by and between City of Meridian, a
municipal corporation of the State ofiddho, hereafter called "CITY", Providence Development
Group, LLC, whose address is 701 S. Allen Street, Meridian, Idaho 83642, hereinafter called
"DEVELOPER', and Solitude Development, LLC, whose address is 701 S. Allen Street, #106,
Meridian, Idaho 83642, hereinafter called "OWNER".
1. RECITALS:
1.1 WHEREAS, "Owner" are the sole owners, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after referred
to as the "Property"; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re -zoning that the
"Developer" and/or "Owner" make a written commitment concerning
the use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of the United Development Code, which authorizes
development agreements upon the annexation and/or re -zoning ofland;
and
1.4 WHEREAS, "Developer" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (R-8) Medium Density Residential District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Developer" and/or "Owner" made representations at the
public hearings both before the Meridian ]Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will be
made; and
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
PAr:F1M11
•
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and received
Anther testimony and comment; and
1.7 WHEREAS, City Council, the 11a' day of April, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred
to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Developer" and/or "Owner" to
enter into a development agreement before the City Council tapes final
action on annexation and zoning designation; and
1.9 "DEVELOPER" andlor "OWNER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" to enter
into a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received by
the "City" in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and
from affected property owners and to ensure re -zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02•-382, and the
Zoning and Development Ordinances codified in Meridian City Code
Title 11, Unified Development Code.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
PAnRInF11
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise.
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 Fast Idaho Avenue,
Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Providence Development
Group, LLC, whose address is 701 S. Allen Street, Meridian, Idaho
83642, the party developing said "Property" and shall include any
subsequent developer(s) of the "Property".
3.3 "OWNER": means and refers to Solitude Development, LLC, whose
address is 701 S. Allen Street, #106, Meridian, Idaho 83642, the party
that owns said "Property" and shall include any subsequent owner(s) of
the "Property".
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as described
in Exhibit A describing the parcels to be annexed and zoned R-8
(Medium Density Residential District) attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "CityY' Zoning Ordinance codified in Meridian City
Code Section 11 which are herein specified as follows:
Construction and development of a Cert&ate ofZoning Compliance
shall be submitted to the City of Meridian prior to a future
development in the R-8 zone, and the pertinent provisions of the City
of Meridian Comprehensive Plan are applicable to this AZ 06-007
application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
pe('.F I nR I I
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY;
5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with
the following special conditions:
5.1.1. That all future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors.
5.1.2. That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
the development.
5.1.3. That the applicant be responsible for all costs associated with the sewer
and water service extension.
5.1.4. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.1.5. That the applicant voluntarily agrees to construct a pedestrian pathway
along Meridian Road in front of the 5 -acre out -parcel. A pedestrian
pathway along Meridian Road that extends the entire length of the
western subdivision boundary (including the 5 -acre out -parcel) sball be
installed prior to occupancy of any new dwelling units on this properly.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of
Subject Property" of this agreement within two years of the date this Agreement is effective,
and after the "City" has complied with the notice and hearing procedures as outlined in Idaho
Code § 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION
ver.FAMII
"Developer" and/or "Owner" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following conditions
precedent to -wit:
7.1 That the "City" provide written notice of any failure to comply with this
Agreement to "Developer" and/or "Owner and if the "Developer"
and/or "Owner" fails to cure such failure within six (6) months of such
notice.
8. INSPECTION: "Developer" and/or "Owner" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and request the
City Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
9. DEFAULT:
9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or
"Owner's" heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the "Property',
fail to faithfully comply with all of the terms and conditions included
in this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Developer" and/or "Owvner" of
any one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of"City" or apply to any subsequent breach of any
such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer"
and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection
with the re -zoning of the "Property" by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the annexation
and zoning of the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDrMION
per,FSOF11
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Developer" and/or "Owner", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Developer" and/or "Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non -breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(3 0) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In, the event the performance of any covenant to be performed
hereunder by either "Developer" and/or "Owner" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code, to insure that installation ofthe improvements, which the
"Developer" and/or "Owner" agree to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner"
agree that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any event,
no Certificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, completed, and accepted by the "City".
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDMSION
PAGE 6 OF 11
0 0 -
is. ABII1E BY ALL CITY ORDINANCES; That "Developer" and/or
"Owner" agree to abide by all ordinances of the City of Meridian and the "Property" shall be
subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the
conditions contained in the Findings of Fact and Conclusions of Law, this Development
Agreement, and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER:
Solitude Development, LLC
Attn: Justin Hubble
701 S. Allen, #106
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
DEVELOPER:
Providence Development Group, LLC
Attn: Justin Hubble
701 S. Allen
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
DEVELOPMENT AGREEMENT (AZ 06-007) SOIXrUDE SUBDMSION
PAGE 7 OF 11
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acl owledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Developer" and/or "Owner" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Developer" and/or "Owner", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Developer" and/or "Owner" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer" and/or
"Owner" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied, between
"Developer" and/or "Owner" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by
them or their successors in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
DEVELOPMENT AGREEMENT (AZ 06-007) SOLMJDE SUBDMSION
PAGE 8 OF 11
21.1 No condition governing the uses and/or conditions governing re -zoning ofthe
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Properly" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER
PROVIDENCE DEVELOPMENT GROUP, LLC
By: E. Don Hubble
OWNER
SOLITUDE DEVELOPMENT, LLC
4444C
By: E. Don Hubble
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDTYISION
PAGE 9 OF I I
CITY OF MERIDIAN
BY:
•
MAYOR TVAW de WEERD
Attest:
r
CITY CLERIC''
STATE OF IDAHO, )
ss
County of Ada, )
On this day of 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared E. Don Hubble, known or identified
to me to be the Manager of Providence Development Group, LLC, acknowledged to me that
he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
_,,Swne
MA
(A- on
(SEAL) NOTAIV
a ,b, 'P Notity -pal—laoi I
6B��C Residing at:t�---
My Commission t1
OP rndl� Comm" 1844
DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDMSION
PAGE 10 OF 11
(. v
STATE OF IDAHO, )
SS
County of Ada,
On this' I /J 0 day of UU 2006, before me, the
undersigned, a Notary Public in and for said State, pitfionally appeared E. Don Hubble,
known or identified to me to be the Manager of Solitude Development, LLC, acknowledged
to me that he executed the same on behalf of said corpdration.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SE a Oas
: �' ys s taryOPullic tar Idaho
-e► �,. p Residing at:
My Commiss-A
o �eogpkea: tgf19,aDi1
STATE OF
ss
County of Ada )
On this '9" day of AAA RM,5,t , 2006, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
•4•,
= otary Public for Idaho
Residing at: LjUCI LLK jLj . i
�.�`. ' Commission expires: 1 (-1l ( l
DEVELOPMENT AGREEMENT (AZ 0"07) SOLITUDE SUBDIVISION
PAGE 11 OF 11
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0
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
0
RECEIVED
APR 1.2 206
erid'
44viry ap Office
In the Matter of Annexation and Zoning of 38.5 agree from RUT (Ada County) to R-8
(Mediun-Density Residents AND Prellmhmry Plat approval of 225 single-family
residential building lots and 9 eommon lots on 59.88 acres, for Solitude Subdivision, by
Providence Development Group, LLC.
Case lib(e).: REVISED AZ46-007 and PP -06-006
For the City Council Heaniag Date oh Apri111, 2006
A. Findings of Fact
L Hearing Facts (see attached Staff Report for the hearing date of April 11, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 11, 2006
incorporated by reference)
3. Application and Property Facts (see attached, Staff Report for the hearing date of April
11, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
heating date of April 11, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02.382 and Maps.
3. The conditions shall be reviewable by the City Council pwsuaut to Meridian City Code §
1 I -5A.
CITY OF MOMAN M -WINGS OF FACT, CONCLUSIONS OF LAw AND DEasioN & ORDER
CASE N0(4 AZ -06-W/ "-06.006 • PAGE 1 of4
4. Due consideration has been given to the comment(s) received from the ,governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of April 11,
2006 incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
by Engineering Solutions dated January 13, 2006 is hereby conditionally approved,
2. The following modifications to site specific conditions were made at the City Council
heaving.
a. None.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 11, 2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fids to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved prelizainary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11 -6B -
7.A, the Director may authorize a single extension of time to record the final plat not to
CITY OF MERIDIAN MDINGS OF FACT, C ONa usim OF iAW AND DECTSION & ORDER
CASE NO(S). U4*W/ PP-WM - PAGE 2 of 4
By action of the City Coundl at its regular meeting held on the 'w` day of
AgIU 2006.
COUNCIL MEMBER SHAUN wARDLE
VOTEp
COUNCIL MEMBER JOE BORTON
VOTED
COUNCIL MEMBER CHARLIE ROUNIREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED_
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED r'
de WEERD
�r
ATTEST:
7�
WILLIAM G. BERG, M1, C1rY
Copy saved upon: ---yA, cwt
✓ plan niag Departme-►t
lic Works Department
idef—pCity Attorney
B
CI 's Office
MY OF MERIDIAN FMING?S OF FAM CONCLUSIONS OF LAW AND DECISION & OWER
CASE NO(4 A7r06.00T/ PP -W) --M - PAGE 4 of 4
0 0
CITY OF MERIDIAN PLANNINO DEPARTMENT STAFF RMRT FOR THS HEARINO DACE OF April 11, 2006
STAFF REPORT Hearing Date: April It, 2006
TO: Meridian City Council
FROM: Planning Com hiss{on
Stall: Joe Guenter, Associate Planner
Meridian Planning Department
208-884-5533
SUBJECT: Solitude Subdivision
• AZ -06.007
C�� t��.;m
6&1Q f
Y
a .K V
Annexation and Zoning of 59.88 acres from RUT to R-8 zone
• PP -06.006
PrcHmi lwY Plat of 225 single family building lots and 16 common lots on
59.88 acres in a proposed R4 zone
L SUMMARY DESCRIMON OF APPLICANT'S REQUEST
The applic=4 Becky Mc"y, has applied for Annexation and Zoning (AZ) of 59.88 acres from RUT
(Ada County) to K-3 (Medium -Density Residential) and Prel Plata ly
iminary pproval of 225 single farm
residential lots and 9 connnon leas on 59.88 acres. The site is loaded east of N. Meridian Road and south
of McMillan Road.
L SUMMARY RECOMKIENDATION
The Meridian Planning and Toning Commission hard the item on March 2, 2006. At the March 2, 2006
public hearing they moved to twommend approval.
a. Summary of Public Hearing:
i. in favor. Becky McKay (applicant's representative)
ii. In opposition: None.
w. Commenting None.
iv. Staff presenting application: Joe Guenther
V. Other staff Commenting on application; None.
L Key LNUes OfDiseession by Commission:
i. Constructing sidewalk along McMillan Road and Meridian Road with the first
phase of the development.
c. Key Commission Changes to StaffRmmmendation:
i. Addition of Development agreement standards for sidewalk along Meridian .[toad
along the out pawal.
d. Outstanding limue(s) far City Council:
L None.
The subject applications (AZ and PP) were submitted
review. Below, staff has provided a detailed analysis and
rEquested Annexation and Zoning and Prelhnhwy Plat app'
to the Planning Department for concurrent
recommended conditions of approval for the
icadons. TheThl EWWU & Zo GRmmission
SnRWO SubdivWm AZ46.007, PP -UB W PAGE 1
•
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006
7L� _-- 7� v� -71 :. . _.: i i , , W .
-7 'T
Staff recommended approval of AZ -06.007 and PP -06-006 for Solitude Subdivision as presented in the
staff report for the Planning Commission hearing date of March 2, 2006 based on the Fmdiap of Fact as
listed in Exhibit D and subject to the conditions of approval as listed in Exlubit B as attached to this
report. Staff has prepared findings comistam with the Phmft Commissions recommendation.
3. PROPOSED MOTIONS
Approval
After considering all star applicant and public testimony, T move to approve File Number(s) AZ-
06.007/PP-06-006 as prommted in the staff report for the hearing date of April 6, 2006, and the
pvchwinaty plat labeled PP -1, dated Jammy y 19, 2006 with the following modifications to the
conditions of approval: (add any proposed modifications).
Denid
After considering all staff, applicant and public try. I move to deny File Number(s) AZ-06-
007/FP4"06 as presented is the staff report for the heanng date of April 6, 2006, for the
following reams: (you should state specific reasons for denial of the annexation or plat and you
must state specific reasou(s) for denial of the conditional use permit.)
Reaomnem4d Continuance
After considering all staff applicant and public testimony, I move to continue File Numbers)
AZ -O& 7/PP-06i-O06 to the herring date of (insert continued hearing date here) for the
following reasan(s): (you should state specific reasons) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Locatio=
Past of Meridian Road, and south of McMillian
`N1/2, Section 31, T4N RIE
Steiner Development, LLC
554 E. Bcllvue Road, Std
Atwater Ca 95301
c. Applicant:
Providence Dwelopmwt Group, LLC
701 S. Allen Street
Meridian Id 83642
d. Representa tin: Becky McKay. Engineering Solutions
e. Present Zoning: RUT
f. Present Comprehensive Plan Designation: Medium Density Residential.
S. Description of Applicant's Request:
Solitude Subdivision AZ -06-007. "-0640 PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprd 11, 2006
1. Date of Preliminary Plat (attached as Exhibit Al): January 13, 2006
2. Date of Landscape Plan (attached as Exhibit A2): January 13, 2006
S. PROCESS FACTS
a. The subject application will in fact constitute an acnexation and/or rezone as determined
by City Ordinance. By reason of the provisions of the Meridian city Code Title 11
Chapter S, a public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as detccmined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a
public hearing is required before the City Coiuloil on this matter.
c. Newspaper notifications published on:
Council—March 20, 2006 and April 3, 2006
Pimming Connuission - February 13, 2006 and February 27, 2006
d. Radius notices mailed to properties within 300 feet on:
Council — March 31, 2006
Planning Commission - February 3, 2006
e. Appliom posted notice on site by: February 18, 2006
6. LAND USE
a. Existing Lend Use(s): Vacant agriad ural land
b. Description of Character of Surrounding Area: The area is presently mostly agricultural land
with rural residences, however the recent approvals of Amber Creek Subdivision to the west
and the building Burney Glen Subdivision to the south will drastically change the character of
the area to that of a residential neighborhood.
c. Adjacent Land Use and Zoning
1. North: Ventana Subdivision, Me idian School district site, R-4
2. East: Cobre Basin Subdivision zoned R-4.
3. South: Burney Glen Subdivision zoned &&
4. West: Approved Amber Creek Subdivision, zoned R-$.
d, History of Previous Actions. None.
e. Existing Consbuiots and Opportunities
1. Public works
Location of sewer. Sewer is locwAd in N. Meridian Road on the south side of
this project.
Location of water; There is water stubbed from Cobra Basin and Burney Glenn
Subdivisions as well as installed on all frontage mads.
Issues or concerns: Conceptual sewea plans aro not allowing for taking the Cobre
Basin lift station off-line. The applicant is working with Public works to address
these concerns.
2. Vegetation: Agricultural
Solihde Sub&vWm AZ 46.007, PP -06-006 PACE 3
CITY OF ,MEC WL4N PLANNING DEPARTMENT STAFF REPORT FOR THE MARJNG DATE OF April 11, 2006
3. Flood plain: NA
4. Cana &4ktches Inigation: Lamp Caaal — Settlers Irrigation District
S. Hazards: None known.
6. Proposed Zoning: R-8
7. Size of Property: 59.88 acres
f Subdivision Plat information
1. Residential Lots: 225
2. Non-residentialI,ots: 0
3. Total Building Lots: 225
4. Corroon Late: 16
S. Other Lots: N/A
6. Total Lots: 241
7. Residential Area: 59.88 acres
8. Gross Density: 3.8 units per acre (5.0 net density)
g• Landscaping
1. Width of street buffer(s): 40 feet on Maidiau Road, 40 feet on McMillan Road 20
feet on Donavan Ave and White Sands Ave (proposed Collector Streets) Street buffers
are not required on any internal, local streets.
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 2.99 aches or 7.4p/o
4. Other landscaping standards: The Staring Lateral requires tiling as shown,
landscaping shall be designed to Settlers irrigation standards.
h. Proposed and Required Non•ReaAwf al Setbacb: per the R-8 mane for detached single family
X-9 Standard
Front (Living area) 15 feet
Front (Garage) 20 feet
Side 4 feet
Rear 12 feet
Max. Building Height 35 fent
Min. Lot Size 5,000 square feet
Min. Street Fmrrtage 50 feet
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the development will be from N. Meridian Road to White Sands Ave and from McMillan to
N. Donavan Aveaae. The applicant will be required to connect to the approved stub &or
Cobre Basin Subdivision to the east as shown and Burney Glen Subdivision to the South as
shown. ACHD has not reviewed the traffic report and conditions of approval will be added
when available.
Solitude Subdivision AZ -06-007, PP -06.006 PAGE 4
0
0
CITY OF 1dhRM AN PLANNING DpPARWaK STAFF IMPORT FOR THE BEARING DATE OF April 11, 2006
7. CON MECUS b=T?NG
On February 10, 2006 Planning Staff held an agency comments meeting. The agencies and depart..
present inchuled: Meridian Fire Departn=e Meridian Police went, Meridian Parks Deparunent,
Meridian Public, Warks Department, and the Sanitary Services Compalay, Staff has included all c ommmu
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
TWs property is designated "Medium Density Residential" on the Comprebmave Plan Future Land Use
Map. Medium density residential auras are anticipated to contain between three and ei& dwellings per
acre (see Page 95 of the Compmhenaive Plao.) The proposed Pr limbuiry, Plat includes 225 single-family
lots on 59.88 acres for a gross density of 3.8 dwelling uniWaare. Staff finds that the overall density is
within the range of a medium density project.
Staff nada the following Comprehensive Platt policies to be applicable to this property and apply to the
proposed development (staff analysis In italics below policy):
• Chapter VII, Goal III, Objective A, Action 1 - ,Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Invact it planned to provide City services to the suljject
property. The City of Meridian plans to provide municipal services to the lands proposed to be
annexed in the following manner.-
• Sanitary sewer and water service will be extended to the project at the developer's expense.
• The subject lands currently lie within the Ju isd adan of the Meridian Rural Fire District:
Once annexed the lands will be under the jurisdidion of the Meridian City Fire Dgmvh hent,
who ewendy shares resource and personnel with the Meridian Rural Fire Department.
The subject lands currenly lie within the judmi lion of the Ada County Sheni s Office.
Once annexed the lands will be serviced by the Meridian Police Deparonent (WD).
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
Counv Highway Dis(i'et (ACM). This service will not change.
• The subject lards are emendy serviced by the Meridian School District #2. This service will
not change.
• The subject lards are currently serviced by the Mentum, Library District This service will
not charge and the Meridian Library Distr of should sg er no revenue loss as a result of the
subject annexation.
Municipal' fee supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Deparomm the Meridian Water Deparanm the Meridian Wwtewater
DgwMent, the Meridian Planning LlWardnent, Meridian Utility Billing Services, and Sanitary
Services Coalpany.
• Chapter Vi, Boal IL Objective A. Action 6 - Require street eounections beMeeu subdivisions at
regular intervals to edbaace counecdvity and better traffic flow.
Ae submiued preliminaryplat proposes to extend three stub streets fmin Cobre Basin Subdivision
(Red Rock Havasu Falls, and Ravanpai Street) and the applicant will be required to conned to the
stub street from Burney Glen Udivbion to the south, which is in compliance with the conditions of
approval from ACIID.
Solitude SWWK4" AZ -06-W7, PP -06" PAGE 5
CITY OF MMTAN PLANN NO DEPARTMENT STAFF' RWRT FOR THE tiMWO DATE OF April 11, 2006
• Chapter' Vl. Goal II, Objective A. Action 13 - Review now development for appropriate
oppOxtunities to connect to local roads and collectors in adjacent developments.
See analysts above.
Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial strcas.
The applicant has proposed one curb cut on N. Meridian Road for White Sands Avenue, and one curb
cut from McMillan Road for N. Donavan Avenue which wa approved by ACRD and is supported by
SW
Chapter VII; Goal IV, Obj�ve C, Action 1 - Protect cdsting residential properties fiona
incompatible land use development on adjacent parcels.
The apphoont is proposing a residential zone. SoffAu s that the proposed single-family residential
properties to the south and eas4 and the existing residential propgrda to the west will be compatible
with the proposed development
• Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-,
medium , and high-density single family, multi family, townhouses, duplexes, apartments,
eondomiuiums, etc.) for the purpose of providing the City with a range of affordable housing
opportunities.
The subject application includes a request for the R-8 zone. Cobre Basin Subdivision to the east
obtained R-4 zoning and Burney Glen Subdivision to the south obtained R-8 zoning. StaJj',�i'nds that
the requested zoning designation contributes to the variety of residential zoning categories in this
area and is generally consistent with the Comprehensive Plan designation for this site.
Staff believes that the proposed density (3.8 at u./acre) and zoning (R-8) for this property is appropriate.
&erecomnnends that the Commisslon and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's zoning and development request is
appropriate for this property.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11 2A-2 lists single family detached homes as a
Permitted Use in the R-8 zone.
b. Purpose Statement of Zone: 'rhe purpose of the residential districts is to provide for a range of
housing opporhmities consistent with the Meridian Comprehensive Plan. Connection to the
City of Meridian water and sewer systems is a requirement for all readeaotial districts.
Residential districts are dumugmshed by the allowable density of dwelling units per acre and
coiresponding housing types that can be accanhmadated within the deputy range.
c. 11-3G-1: Common Open Space and Amenity Requirements
The regulations of this Article are intended to provide for common open space and site amenities
in residential districts that improve the livability of residential neighborhoods, buffer the street
edge, and protect natural amenities.
SORU& Subdivisiaar AZ-U"U, PP -06-6 PAGE 6
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MY OF NEWb1AN nANN1NO DEPARTMENT STAFF RF20RT FOR ME HEARING DATE OF Apd)11, 2006
10. ANALYSIS
L Analysis of Facts Leading to Staff Reaorumandation
,� ,TION ANALY'SMS, Biased on the policies and goals contained in the Comprehensive
Plast and the geueral compliance of the proposed development with the Zoning Ordinance, staff
believes that this is a good location for the proposed single family developrnmt. 11cm see
Exhibit D for derailed analysis of facts and findings.
1.1 The annexation legal description submitted with the application (prepared on January 12,
2006 by Terry Puegk PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
1.2 Any future subdivision, uses and construction on this property shalll comply with the City
of Meridian ordinances in effect at the time.
1.3 That the applicant will be responsible for all costs associated with the sewer and water
service extension. Any odstaig domestic wells andlor septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meaidu m Wella may be used for non4buiestic
purposes such as landscape irrigation.
1.4 That all fimue development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development. All future was shall not
involve uses, acfivitiea, processes, materials, equipment and conditions of operation that will
be detriminitai to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smolae, fumes, glare or odors.
1.5 UDC 1 I -SB -3D2 provides the P&Z Commission and City Council the authority to require
a property owner to witer into a Development Agreement with the City of Meridiani that may
require some writtea commitment for all futme uses. 2M to the location of the out 2upj and
Cowacil heels a development agreenaeart is necessary
commitments of the developer being required -
If the Commission or
recommends a clear outline of the
Ther Council and Cawrmission required the Development Agreement include the
following pmvisim
pBELIIVD M PLAT AMUM : Based on the policies and goals contained iu the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for tin proposed residential development.
Please see Exhibit D for detailed analysis of facts and findings.
1. Phas'--m. The applicant is proposing three phases of this development starting at the
south and east corners where sewer services are autreatly available. Phase 1 will include
Solitude Subdivision AZ46-007, "-06-006 PAGE 7
CITY OF MERIDIAN PLANNING} DEP'AR'TMENT STAFF REPORT FOR THE HEAEtMCi DATE OF Ap H 11, 2006
connections to Burney Glen Subdivision and the road connection to Meridian Road
Phase 2 will include the bulk of the amenities and the open space lot with two
connections to Cobra Basin Subdivision. Phase 3 will colmect the development to
McMillan Road and the final connection to Cobra basun Subdivision.
2. tips UDC 11-3G requires residential developments to provide one amenity per 20
acres as part of each plat. The proposed amenities far the subject development inchide:
recreational atttenities of a tot lot and gazebo. The proposed open space is sbtown to
make up 7.4a/a of the site; an additional S% minimum is required to qualify as an amenity.
2.a Q9MSW -Open Ste: is shown by the applicant as Lot 1 Block 9, Lot 1 Block 14,
Lot 12 Block 10. Lots 24 Block 6. All other landscape lots are required buffers.
• Lot 1 Block 9 and Lot 1 Block 14 are the main, open space lots of 2.74 acres and
1.457 acres common open space
• Lot 12 Block 10 and Lot 24 BIo& 6 are active use lots of 7,115 square feet common
open space
The total qualified open space is 189,936 sq/ft which is 7.4"10 qualified open space.
4. $ass " IMMUM Tho City of Meridian regaires that pressurized irrigation systems be
supplied by a year-round source of water (UDC 11-3A-15). The applicant should be
required to utilize any existing surface or well Water for the primary source. If a surbce
or wdl source is not available, a single -point connection to the cu11=7 water system
shall be required. If a sitngle-point comawum is utilized, the developer will be
responsible for the payment of asacrostnals for the common areas prior to agJnature on
the final plat by the City Engineer. An underrotind. pressurized irrigation system should
be installed to all landscape areas per the approved specifications and in accordance with
UDC 11 -3A -1S and MCC 9-1-28.
6. The applicant has not submitted a detailed fencing plan (no fencing indicated
on the landscape plan dated January 13, 2006) with the preliminary plat application for
the subdivision. Any perimeter fencing must be completed prior to i ssuanac of building
Soutt* SuMvisian Az. &W7, PP45-W6 PAGE 8
CITY OF MERIDIAN PLAMV1NU DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Apri111, 2006
permits. All fences should taper down to 3 feet maximum within 20 feet of all ngbt-of-
way. All fencing should be installed in accedence with UDC 11-3A-7. A detailed
fencing plan in accordance to 11-3A-7 sball be submitted prior to the final plat.
7. Cnmman Areas: Maintenance of all common areas shall be the responsibility of the
Solitude Home OwneW Association.
8. hitches. Laterals_,,V►ti.QW& Per UDC 11-3A-6 all irrigation ditches, laterals or canals,
exclusive of natural waterways and waterways being used as amenities, that intersect,
cross or lie within the area being subdivided shall be covered.
9. Si ew : The applicant shall revise the landscape plan to show sidewalk connections at
the intersections of Meridian and McMillan Roads.
b. Staff Recommendation: Staff recommedds approval of AZ406-007 and PP -06-006 for
Solitude Subdivision as presented in the staff report for the hearing date of March 2, 2016 based
on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in
Exhibit H as attached to this report. Staff has prepared Endings canswa t with this
relation_
11. EXHIBM
A. Drawings
1. PreUmizary Plat (dated: January 13, 2006)
2. Landscape Plan (dated: January 13, 2006)
E. Conditions of Approval
1. Planning Department
2. Public Worlta Department
3. Fire Department
4. Police Department
S•. Parka Department
6, Salutary Service Company
7. Ada County Highway District
8. Settlers Irrigation Distdct
C. Leet Description
D. Required Findings from Zoning Ordinance
Solitude SubdWon AZ-WQ07. PP45 06 PAGE 9
•
MY OF MERIMN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ApM 11, 2006
A. Drawings
1. Preliminary Plat (dated: January l 3, 2006)
Exhibit A
O1TY OF HMIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TME HEARING DATE OF April 11, 2006
0
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Exhibit A
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CITY OF MERIDIAN PLAMING DEPARTMENT STAFF REPORT FOR THE MARM0 DATE OF April 11, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 SITE SPECIFIC RWUIItP1ylENTcS—PRFUMINARY PLAT
1.1.1 The preliminary Plat pTepared by Engineering Solutions, dated January 13, 2006, is approved,
with the conditions listed herain. All comtneatta/conditioas of the accompanying
Atnae;cadon/Zoning (AZ -064M shall also be considered conditions of the Prdamnary Plat (PP
06-006).
1.1.2 Maintenance of all common areas shall be the responsibility of the Solitude Subdivision
Homeowners' Association.
fiew. This condition has been satisfied with the aMlion ofpedestdar connections
1.1.6 That portion of the detached sidewalk which lies outside of the right-of-way shall be contained in
an casement which dedicates padastdan cross -ate and ,is in favor of the Ada County Highway
District, and said easement shall be depicted on the final plat or an i nst rurnent number referonced
in a plat note.
1.1.7 Street setbacks shall be measured fi m the back edge of sidewalk per UDC 112A-6.
1.1.8 Feacing on all lots adjacent to interior common open apace lots shall comply with UDC 11-3A-7.
1.1.9 Any perimeter fencing must be completed prior to issuance of building permits. All fencing
should be installed in accordance with UDC 11-3A-7.
1.1.10 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwetet detention faeilitia incorporated .into the approved open space are subject to UDC 1I -
3A -18 and shall be MY vegetated with grass and trees. Sand, gravel or other nonvegetated
st rAm materials shall not be used in open space lots, except as permitted under UDC 11.3B. If
the stormwater detention facility cannot be Woorporated into the approved open, space and still
meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may
require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACRD, City of Meridian and all other regulatory requirements at the
time of final construction.
1.1.11 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff:
1.1.12 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered.
1.2 GENERAL REQUIREMENTS—PRE A>rTARY PLAT
Exhibit B
CITY OF MERIDIAN Pi.p►tdN 0 DEPARTMENT STAFF REPORT FOR THE HSARNG DATE of April 11, 2008
1.2.1 Sidewalks shall be installed within the subdivision and on the pmimeter of the subdivision
pursmt to UDC 11.3A-17 and subject to a development agreement as offered by the applicant to
include a sidewalk along Meridian Road in find of the out parcel.
1.2.2 The City of Meridian requires that pressurized iaigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing smuface
or well water for the primary source. If a sine or well source is not available, a single-poiwt
connection to the culinary water system shall be required. If a single-pomt conriwaon is utilized,
the developer will be responsible for them payment of assessments for the common areas prior to
siguWre on the anal plat by the City Engineer. An uundagmund,' pressurized im ption system
should be installed to all landscepc areas per the approved speeifidarbions and in accordance with
UDC 11-3A-15 and MCC 9.1-28.
1-2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fenom is not provided„ temporary construction fencing to contain
debris must be installed around the mea prior to issuance of a building permit. All fences
should taper down to 3 feet triaximum within 20 feet of all right-of-way. All fencing should be
installed in accordance with UDC 11-3A-7.
1.2.5 Any tree over V in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replaeeiacot trees for those trees that have to
be mitigated.
1.2.5 AU irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to
the am being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers
brig on. or Nampa Meridian Irrigation Districts. Plans will need to be approved by the
appropriate -district, or lateral users association (ditch owners), with written
approval or rmn-approval submitted to the Public Works Department. If lateral users association
approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to fiscal plat signator e.
1.2.7 Staffs filum to cite specific ordinance provisions or terms of the approved
aaaexatiodconditiomral use does not relieve the applicant of respommslbility for compliance.
1.2.8 Preliminary plat approval "be subject to the expiration provisions set forth in UDC 11-68-7.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this demelapmem is being proposed via extension of mains in N.
Meridian Road. The applicant shall install maims to and tiurough this development; applicant shall
coordinate main size and routing with the Public Works Deparbmemat, and execute standard forms
of comments for any mains that are required to provide service. Minimum cover over sewer
mains is thine feet, if cover from top of pipe to sub1pade is less than three feet than alternate
materials shall be used in conformance of City of Mo idian Public Works Departments Standard
Specifications.
2.2 The conceptual sewer design submmitted with this preliaduary plat shows eight -inch main being
routed to the lift station location. The final invert elevation is not acceptable as it does not allow
for the lift station to be taken off line. The applicant sball install 12 -inch main from the 12 -inch'
in Meridian Road to the northeast corner of this development (the Cobre Basin lift station), or
prior to City Council resubmit a conceptual sewer desip that facilitates the abandonment of the
Cobra Basic lift station.
Wibit 9
Cr1Y OF h=DIAN PLANN1NO DEPARTMENT STAFF REPORT FOR THE HBAPIKO DATE OF April 11, 2006
2.3 Watsx service to this site is baiting proposed via extension of mains in Cobre Bastin and Burney
GIOUn Subdivisions as well as to the mains located in N. Meridian and E. McMillan Roads. The
applicant shall be responsible to install water mains to and through this development, coordinate
main sin and routing with Public Works.
2.4 Revise Lots 6, and 7 Block 8 to meet the required 50 -feet of frontage.
2.5 The applicant has not indicated the pressure irrigation system in this proposed development is to
be maintained as a private system, therefore plans and specifications will be reviewed by the
Public Works Department as part of the construction plan review. A "draft copy" of the
operations and maintenance manual will be required prior to plan approval with the' final draft'•
being required prior to final plat signature on the last phase of this project.
2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or
well water for the primary source, If a ,wface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single int connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.7 Any existing domestic wells and/or septic systems within this pmomjeat shall be removed born
domestic service per City Ordinance Section 9-1-4 and 9.48. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, ,intersecting, crossing or
lying a4acemnt and contiguous to the area being subdivided shall be tiled per TJDC 11-3A-6.
Plans shall be approved by the appropriate irrigatian/dm�aage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plet signature.
2.9 Street signs are to be in place, water system, shall be approved and activated, fencing installed,
drainage lots constructed, road lase approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of I IWo will be required for all uncompleted
fencing, latab=pmg, amenities, presmuized irmigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.11 All development improvements, including but not limited to sewer, fencing, micro -paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
cea icates of occupancy.
2.12 Applicant shall be required to pay Public worlm development plan review, and construction
inspection fees, as determined during the plea review process, prior to sigaatun on the final plat
per Resolution 02-374.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Pmteetio n Agency.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Comps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR1Nr3 DATE OF Aprit 11,2W6
2.17 Compaction test t+esulte shall be submitted to the Meridian Building Department for all building
pads receiving engineered bacdK where footing would sit atop fill material.
2.18 The engineer shall be required to certify that the street c4Werline elevations are sex a minimum of
3 -fed above the highest established peak groundwater elevation. 'Ibis is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.19 One hundred watt, high-pressure sodium streediabts shall be required at locations designated by
the Public works Deparmunt. All streetlights shall be installed at subdivfdees expense. Typical
locations are at erred intersections and/or fire hydrants. Final design locations and quantity, are
determined after power designs are completed, by Idaho Power Company. The street light
contractor shall obtain desiga and permit from the Public Works Department prior to
commaataing installations.
3. FM DEPARTMENT
1. One and two family dwellitlgs will require a $re -flow of 1,000 gaUcm per minarte available for
duration of 2 hou m to service the enure project. Fire bydrarb shall be placed an average of 500 feel
apart. h9mustional Fire Code Appendix C.
2. Acceptance of the water scipply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a_ Fire Hydrants shall have the 4 Y outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when, spacing permits.
e. Fire hydrants shall not Lava any vertical obaftmetions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
S. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4. The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required, to have an approved turn around.
S. All entrance and internal roads and alleys shall have a turning radius of 28' fnside and 48' outside
radius.
6. Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D103.6 Signs.
7. Opuadwal Ore hydrants, temporary or permanent street signs and ace= mads with an all weather
surface ate required before combustible construction is brought on site.
S. Building setbacks shall be per the International Building Code for one and two story construction.
9. Thu proposed 225 -lot subdivision with an estimated 2.9 residents per household would have a total
catlm med population of 510 residents at build out.
10. The fire department requests that any Atm signals ation installed as the result of the
development of this project be equipped with Optieom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
11. Where a portion of the facility or btuilft hereafter constructed or moved into or within the
jurisdiction is none thea 400 feet (122 m) from a hydrant on a Ore apparatus access mad, as
measured by an approved route around the exterior of the facility or bun'ldm' g, on-3itc sue hydrants
and mains shall be provided where ngwred by the code ofi'icial. For buildings equipped throughout
with an approved autartatic sprinICler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 fed (183).
Exhibit 8
Cny OF MERIDIAN PL.AMdiNG DSpAr"MENT STAFF .REPORT FOR TIM HEARING DATE OF APrO 11, 2006
L For Group R-3 and Gawp U oee gmdek the distam raquirement shall be 600 feet (183 m).
b. For h addiuga equipped mut with an approved automatic sprinkler system installed in
accordance with Sectio11903.3.1.1 or 9033.1.2, the distance requirement shall be 600 feet
(183 m).
12. Ema9 acyrespom mutes and fire la m shall not be allowed to have speed bumps.
4. POLICE DzPAATMENT
1. lu 916seew A01
2. Any iatctior fencing AacW to common lots shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
5. PARKS DEPARTMENT
1. No casements received
6_ SANITARY SERVICE CQMPANY
1. No comments received.
7. ADA COUNTY HIGHWAYDInWr
Site &Lcific Co ' 'ons qf,,a—q—va1
1. Dedicate a total of 45 -feast of right-of-way from centerline for McMillan Read abutting the site.
The right-of-way purchase and We agreement sad deed must be completed and signed by the
applicant prior to scheduling the final plat for signatn v by the ACEID Commission or prior to
isamme of a building permit (or other required permits), whidwer occurs first.
2. Construct a 5 -foot concrete sidewalk along McMillan Road abutting the site located
approximately 38 -feet from the centerline of McMillan Road.
3. Construct a westbound left turn lane on McMillan Road at the site access intersection, N.
Donovan Street.
4. Construct a 5 -foot detached sidewalk along the site's frontage on Meridian Road. The sidewalk
shall be located a minimum of 28 -feet from the centmiine of Meridian Road. If the sidewalk is
located wittan an easement, the District will not rugwre the dedication of additional right -of --way.
The applicant should work with ACHD and the landowner of the out -parcel that froutas on
Meridian Road to extend sidewalk to the intersection of McMillam and Meridian Roads.
5. Widen Meridian Road with 19 feet of pavement from cwrterline abutting the entire site.
6. Constmot the internal streets as 36 foot street sections with rolled curb, gutter. and 5 -foot
oonw to sidewalks.
7. Provide 21 -foot street suctions on each side of the proposed seater ialaads. Any proposed
landscape islands/medians within, the public right-of-way dedicated by this plat shall be owned
and maintained by a homeowners association. Notes of this are required on the final plat. The
"p should be reviewed and approved by ACRD►'s Development staff.
Exhibit 4
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CITY OF MBRIDIAN pLANNINti DWAR7M$NT STAFF REPORT FOR 7 HE i¢ARING DATE OF Apel i 1, 200b
8. Construct stub streets to d w sunumding properties as idcntWW below. Install a
sign at terminus of the two new stub $treats to the out parcel stating, " RS ROAD WILL BE the
EX1'EN w IN'THE FUTURE."
• Extend Havasu Falls Street into the site, from Cobra Basin Subdivision, at the site's east
properly lice,
• Extmnd Red Rock Drive into the site, from Cobra Basis Subdivision, at the site's east
property Hue.
' Fattmd Havasapai Street into the site, from Cobra Basin Subdivision, at the site's east
property line.
• Extend Donovan Way into the site, from Burney Cheer Subdivision, at the site's south
property line.
• Construct Besbam Avenue as a stub street to the out- parcel's south property line located
appz+ XMWely 2Mfod east of Meridian Road (=a=W cani gime to centerhne),
• Construct Copper Ridge Street as a stub street to the out -parcel's east property line located
approximately 100 --feet south of the out -,parcel's north property line (measured pmperty line
to centerline).
9. Construct one roadway, White Sands Avenue, to intersect Metubau Rid approximately 600 -fent
north of the south property line (tneasmW property line to centsrliue), as proposed.
10. Construct one .roadway, N. Donovan Avenue, to intersect McMillan Road approximately 7504cet
east of Meridian Road (measluW centerline to centerline), as proposed
11. Other than the access speoWn lly approved with this applitmtion, direct lot aces is prohibited to
Meridian Road and McMillan Road and shall be noted on the final plat.
12. Comply with all Standard Conditions of Approval,
SMadard Cndi m gL4Mval
1. Any wdsting irrigation facilities sball be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
d& -of -way.
3. All utility relocation costs aesoaiated with improving srea fiontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, Sutter and sidewalk and any tbat may be damaged during the
consdnction of the proposed devdkVm=t. Contact C n9mcdon Services at 387-6280 (with file
cumber) for details.
S. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by tlm District. Contact the District's Utility Coordinator at 387-6258 (with Me umbers) for
details.
7. All design and construction almll be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
Exhibit B
Crry OF MP. DAN PLANMG DEPARTMENT STAFF REPORT FOR TIM HEARMu DATE of Ap a 11, 200
applicable ACID Ordinances unless specifically waived herein. An engineer registered m the
State of Idaho shall prepare and certify, all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates ally mqwnd design, changes.
9. Construction, uge and property development shall be m conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable mad impact fees are required prior to building construction in accordance
with Ordinance #1200, also hmown as Ada County Highway District Road Impact Fee Ordinance.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no coat to ACRD shall repair existing utilities damaged by the applicant. Ilse
applicant shall be required to call MOLINE (1-800-342-1589) at least two full business days
prim to breaking tlmuad v'ithin ACRD right-of-way. Tlw applicant shall contact ACRD Traffic
Operations 387.6190 in the event any ACRD conduits (spare or filled) are couIlromised during
any phase of construction.
12. No change in the terms and conulitions of this MWMval shall be valid unless they are in wilting
ansa signed by the applicant or the applicant's authorised representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confrawfion of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
applieation, shall require the applicant to comply with all rales, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the appliewt or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
8. Setdow Irrigation Dbu ict
8.1 All irrigation/drainage faoilities along with their easemam must be protected and coudnue to
fimotion. The facilities involved are the Lemp Canal and Stw*W Lateral. Contact SID for
additiomal requirements.
8.2 A Land Use Change Application must be on file prior to any approvals.
8.3 A license amt MUST be signed and recorded Idw to construction of any SID facilities, or
within its easements.
8.4 Any Change, to the existing irrigation system such as rslcaatimn, water delivery, tilin& and
landscaping must be approved by Settlers Irrigation District's Board of Directors.
8.3 All storm drainage must be retained on-site:.
8.6 The development must supply pressure irrigation access to all lots within the above _mentioned
subdivision from the current delivary point, Nthe developer wishes to have SM own, operate,
and maintain the pressure irrigation system an agreement must be in place prior to the pro.
construction meeting.
Exhibit B
•
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006
Exhibit B
0 •
C1TY OF MRRIDL4N PLANNING DEPARTMENT STAFF UMRT FOR THE HEARINGDATE OF AWR 11.2006
C. Legal Description
IDAHO 140 (=VA=rvwS1'
Sine t5'0
SURVEY meritivmd" Braa
GROUP t"moo
lanuaty 12.2006
Proposed Sotimdn Place SobdlvWw
A pane) 0f b W loaatod in Gov&Wmd Lots 1 aad 2, and the NE'/. of the NW y
end the SE %. of lite NW 'K. of Section 31, TA N., A.1E., B.M., Ade Cozo, id*a, more
paetiautatly descet'bed as &ll9M Commencing at dm NW OWM of the said 5octicn 31.
9P I UL POLNT OF BEt3MpMt3;
Tbettce akM tion N" bo=dory ofmdd Section 31 North 89°59'25" Bast,
1423.56 feet;
Tbo= South 00°23'56" Walt,1994.73 feta to dm U alae- of iha W % oftbe
NW %of Oa SB Y4 of the NW %. of said Section 31;
Thence along the 6000 bomdmy ofsaid W % ofthe NW V. of the SB %. of the
NW y, sod of Govenopn of Lmt 2 of the said Section 31 South 8917'5b" West,1418.57
*4 to a point an the Wen bwAdwy of amid Section 31;
Thence along said West boundary Nadh 00915'20" Boo 1150.10 feat;
Thenen South 89°49'50" No& 484`45 Leat;
They Nw* 00°10'22" East, 467.89 feet;
Thence Notch 89049'50" WeaL, 483.77 fleet to a point an the West boundary of
wdd Section 31;
Three along acid Wont boundaay NWO 00'15'20" FaL 377.37 fog to the
POINT OF BEGINNIENG. Coataining 59.89 acres, =Mar test
This description `mitten bolo data of mcord without beoe& of a bald survey.
JAN 17 20
w�
Professional Land Surveyors
Exhibit C
CITY OF MMUD[AN PLANNINQ DEP'ARThUM STAFF REPORT FOR THE HEAWNG DATE OF APM 11, 2006
momsm
-�II w
Exhibit C
•
(r7Y OF MLWDlAN PLANK NTG DEPART aW STAFF RfWoRT FoR THE HEARWG DATE OFAW411,2006
D. Required Findings from Toning Ordnance
I. A:mwwdon Findings:
Upson recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the applicatioa. In order to grant an annexation
"or rezone, the Connell shall make the following endings:
1. The map amendment eomplies with the applioMe provisions of the comprehensive
p1en;
The applicant is proposing to zone all of the subject property to R-8. The Council finds
that the proposed zoning map amendment complies with the applicable prowsions of the
t�mprehensive plan. PIease see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
2. The map amendment Complies with the regubtions outlined for the proposed
district, specifltwUy the purpose statement;
The Council finds that single family detached residential uses are allowed within the
requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat
demonstrates the land will be developed with lot sizes, housing types amend other
dimensional requirements that conform to the proposed zoning designation.
I The map amendment shag not be materially deh imentai to the public health, safely,
and welfare;
The Council finds tont the proposed zoning amendment will not be detrimental to ft
public healtb, safety, or welfare. The Commissim and Council rely OR any oral or wntton
testimony that may be provided when detatm fining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any po>ideal subdivision providing public services wltldu the City
Including, but not United to, school ; and,
The Council finds that the proposed zoning amandment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
& The annexation is in tie beat of interest Of the City (UDC 11-5W3X)-
The R-8 zoning amendment will provide lots that we similar m nature to existing
subdivisions in the nea vicinky. The Council &cis that all essential services are available
or will be provided by the developer to the subject property and will not require
unreasonable ugxmdituire of public finds. The applicant is proposing to develop the lead
in general compliance, wkth the City's Comprerhomw Plan. This a a logical expansion
of the City limits. In accordance with the findings listed above, the Council finds that
Annexation and Zonine of this m>zot gn to LA would be in -ft— beatect of M the Citv
2. Preliminary Plat Findings:
In consideration of a preliminary plat, eomblm d prdiminary and final plat, or short plat,
the decision -malting body shall make the following findings:
1. The plat Is in awformance with the Comprehensive Plan;
Exhibit b
•
0
C17Y Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006
The Council finds that the proposed application u in substantial compliance with the
adopted Comptehwtsive Plan. The Council generally supports the proposed plat layout
and proposod density as they comply with the provisions of the Comprehensive Plan,
Please sea Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
L Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public seavices are available to accommodate the proposed
develop)ment,(See fluft Items 3 aid 4 above under Annexation Findings for more
3. The plat is in conformance with scheduled public improvemems in accord with the
City's capital improvema►t program;
Because the developer is installing sewer, watt, and utilities for the development at their
cost, the Council finds that the subdivision will not require the expenditure of capital
improvement fords.
4. There is public financial capabibity of suppordmg services for the proposed
development;
The Council recomunds the Commission and Council rely upon comments from the
public service providers (i.e., police, fife, ACRD, etc.) to determine this finding. (See
finding "items 3 and 4 above under Annexation Findings above, and the Agency
Comments and Conditions in Exhibit B for mon detail.)
4. The development will, not be detrimental to the public health, safety or general
welfare; and
'The Council is not aware of any hgdth, safety or environmental problems associated with
the development of this subdivision that should be brought to the Council or
Commission's attention. ACIID considers road safety issues in their analysis. The
Council recommends that the Commission and Council reference any public testimony
that may be presented to deteamine whether or not the proposed subdivision may cause
health, safety or environmental problems of which the Council is unaware.
S. The development preserves signMeant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
staff finds that the proposed development will not result in the destruction, loss or
douse of any natural, scenic or historic features) of major kgmrtance. The Council
reference any public testimony that may be presorted to determine whether or not the
proposed development may destroy or damage a natural or scenic features) of major
importauwe of which the Council is unaware.
FyNbit D
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT ITEM NO. S -W
REQUEST Agreement for Professional Services for Polygraph Mentorship with
Idaho Polygraph Association
AGENCY COMMENTS
CITY CLERK: See attached
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT: V -
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone: _
Emailed: Staff Initials:
Materials presented at public meetings shall become properly of the City of Meridian.
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 11th
day of June , 2007, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Idaho Polygraph
Association, hereinafter referred to as "CONSULTANT", whose business address is
5400 West Franklin Road Suite K Boise Idaho 83705.
INTRODUCTION
Whereas, the City has a need for services involving _ Polygragh
Mentorship, Education and Training Services: and
WHEREAS, the Consultant is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Services:
1.1 CONSULTANT shall perform and furnish to the City upon execution
of this Agreement and receipt of the Citys written notice to proceed, all
services, and comply in all respects, as specified in the document titled
"Scope of Services" a copy of which is attached hereto as Exhibit "A" and
incorporated herein by this reference, together with any amendments that
may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Consultant under this Agreement, including without
limitation electronic data files, are the property of the Consultant; provided
, however, the City shall have the right to reproduce, publish and use all
such work, or any part thereof, in any manner and for any purposes
whatsoever and to authorize others to do so.
1.3 The Consultant shall provide services and work under this
Agreement consistent with the requirements and standards established by
POLYGRAPH MENTORSHIP — page 1 of 10
•
applicable federal, state and city laws, ordinances, regulations and
resolutions. The Consultant represents and warrants that it will perform
it's work in accordance with generally accepted industry standards and
practices for the profession or professions that are used in performance of
this Agreement and that are in effect at the time of performance of this
Agreement. Except for that representation and any representations made
or contained in any proposal submitted by the Consultant and any reports
or opinions prepared or issued as part of the work performed by the
Consultant under this Agreement, Consultant makes no other warranties,
either express or implied, as part of this Agreement.
1.4 Services and work provide by the consultant at the City's request
under this Agreement will be performed in a timely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2. Consideration
2.1 The Consultant shall be compensated on a Lump Sum basis as
provided in Exhibit B "Payment Schedule" attached hereto and by
reference made a part hereof.
2.2 The Consultant shall provide the City with a invoice at the
completion of services for services provided, which the City will pay within
30 days of receipt of a correct invoice approved by the City. The City will
not withhold any Federal or State income taxes or Social Security Tax
from any payment made by City to Consultant under the terms and
conditions of this Agreement. Payment of all taxes and other
assessments on such sums is the sole responsibility of Consultant.
2.3 Except as expressly provided in this Agreement, Consultant shall
not be entitled to no receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement., including , but not limited to, meals,
lodging, transportation, drawings, renderings or mockups. Specifically,
Consultant shall not be entitled by virtue of this Agreement to
consideration in the form of overtime, health insurance benefits,
retirement benefits, paid holidays or other paid leaves of absence of any
type or kind whatsoever.
POLYGRAPH MENTORSHIP — page 2 of 10
3. Time of Performance:
This agreement shall become effective upon execution by both parties,
and shall expire six (6) months after execution of the agreement, or unless
sooner terminated as provided below or unless some other method or
time of termination is listed in Exhibit A. This Agreement shall terminate
automatically on the occurrence of (a) bankruptcy or insolvency of either
party, or (b) sale of Consultants business.
4. Independent Contractor:
4.1 In all matters pertaining to this agreement, CONSULTANT shall be
acting as an independent contractor, and neither CONSULTANT nor any
officer, employee or agent of CONSULTANT will be deemed an employee
of CITY. Except as expressly provided in Exhibit A, Consultant has no
authority or responsibility to exercise any rights or power vested in the
City. The selection and designation of the personnel of the CITY in the
performance of this agreement shall be made by the CITY.
4.2 Consultant shall determine the method, details and means of
performing the work and services to be provided by Consultant under this
Agreement. Consultant shall be responsible to City only for the
requirements and results specified in this Agreement and, except as
expressly provided in this Agreement, shall not be subjected to City's
control with respect to the physical action or activities of Consultant in
fulfillment of this Agreement. If in the performance of this Agreement any
third persons are employed by Consultant, such persons shall be deemed
to be contractors of Consultant and subject to this section 4.
5. Indemnification and Insurance:
CONSULTANT shall indemnify and save and hold harmless CITY from
and for any and all losses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from,
or in connection with the performance of this Agreement by the
CONSULTANT, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortuous conduct
of CITY or its employees.
POLYGRAPH MENTORSHIP — page 3 of 10
6. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and
be deemed communicated when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Idaho Avenue
Meridian, Idaho 83642
with a copy to
City of Meridian
Meridian Police Department
1401 East Watertower
Meridian, Idaho 83642
Idaho Polygraph Association
Attn: Chia Morgan
5400 West Franklin Road
Boise, IDO 83705
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided.
8. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
9. Time Is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any
of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
10. Assignment: It is expressly agreed and understood by the parties
hereto, that CONSULTANT shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except upon the
prior express written consent of CITY.
POLYGRAPH MENTORSHIP — page 4 of 10
11. Discrimination Prohibited: In performing the Services required herein,
CONSULTANT shall not unlawfully discriminate in violation of any federal,
state or local law, rule or regulation against any person on the basis of
race, color, religion, sex, national origin or ancestry, age or disability.
12. Reports and Information:
12.1 At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
12.2 Consultant shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this
Agreement for a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
13. Audits and Inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of CONSULTANT'S records with respect to
all matters covered by this Agreement. CONSULTANT shall permit the
CITY to audit, examine, and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to
all matters covered by this Agreement.
14. Publication, Reproduction and Use of Material: No material produced
in whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in
part, any reports, data or other materials prepared under this Agreement.
15. Compliance with Laws: In performing the supe of services required
hereunder, CONSULTANT shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
16. Changes: The CITY may, from time to time, request changes in the
Scope of Services to be performed hereunder. Such changes, including
any increase or decrease in the amount of CONSULTANT'S
compensation, which are mutually agreed upon by and between the CITY
POLYGRAPH MENTORSHIP — page 5 of 10
•
and CONSULTANT, shall be incorporated in written amendments to this
Agreement.
17. Termination: If, through any cause, CONSULTANT, its officers,
employees, or agents fails to fulfill in a timely and proper manner its
obligations under this Agreement, violates any of the covenants,
agreements, or stipulations of this Agreement, falsifies any record or
document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of
this contract, or if the City Council determines that termination of this
Agreement is in the best interest of CITY, the CITY shall thereupon have
the right to terminate this Agreement by giving written notice to
CONSULTANT of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date of such
termination. CONSULTANT may terminate this agreement at any time by
giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or
unfinished documents, data, and reports prepared by CONSULTANT
under this Agreement shall, at the option of the CITY, become its
property, and CONSULTANT shall be entitled to receive just and
equitable compensation for any work satisfactorily complete hereunder.
In the event of cancellation of the Agreement, the City of Meridian shall
pay to the Idaho Polygraph Association a prorated portion of the sum of
$4.000.00 reflecting the time during which services were actually
performed by the Idaho Polygraph Association.
Notwithstanding the above, CONSULTANT shall not be relieved of liability
to the CITY for damages sustained by the CITY by virtue of any breach of
this Agreement by CONSULTANT, and the CITY may withhold any
payments to CONSULTANT for the purposes of set-off until such time as
the exact amount of damages due the CITY from CONSULTANT is
determined. This provision shall survive the termination of this agreement
and shall not relieve CONSULTANT of its liability to the CITY for
damages.
18. Construction and Severablllty: If any part of this Agreement is held to
be invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainder
of the Agreement is reasonably capable of completion.
19. Advice of Attorney: Each party warrants and represents that in
executing this Agreement. It has received independent legal advice from
it's attorney's or the opportunity to seek such advice.
POLYGRAPH MENTORSHIP — page 6 of 10
19. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings,
oral of written, whether previous to the execution hereof or
contemporaneous herewith,
20. Applicable Law: This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
21. Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
CITY OF MERIDIAN
BY:�
TAMM . d EERD, MAYOR
Dated: 2--2-4-40-7
Attest:
4 -z --z [
9,
LLIAM G. BERG, JR., CITY LERK
Approved as to Content
BY: �G .
446
KEITH ATTS, PURCHASING AGENT
Dated:
Approved as to Form
CITY ATTORNEY
IDAHO POLYGRAPGH ASSOCIATION
G•
BY: Chipgan
Dated: t> -d - v
Department Approval
' qhVLq'
BY:rC (.9 G 1
NAME: Wm. (Bill) M sser ?�rrF LWA Y
TITLE: Chief of Police
Dated: (S- %k` 0`7
POLYGRAPH MENTORSHIP -- page 7 of 10
0 0
Attachment A
SCOPE OF SERVICES
1. Polygraph Mentorship
a. Formal polygraph mentoring program and supervision.
b. In-service polygraph training and mentoring for Detective
Eric Stoffle.
C. Lifetime Quality Control of all polygraph work product
produced by Detective Eric Stoffle.
d. Polygraph office suite workspace, network and recording
facilities to conduct criminal polygraphs to an evidentiary
standard.
e. Criminal polygraph testing supervision during Detective
Eric Stoffle's participation in the mentoring program
(selfpaced), not to exceed six (6) months in duration from
The date of agreement execution.
f. Assistance, supervision, and mentoring with pre
-employment polygraphs, as needed..
g. Formal "Letter of Internship Completion" at the end of the
training period..
2. Discretion regarding case investigation:
The Meridian Police Chief and his officers shall have the right to exercise
due discretion in the performance of this Agreement, including, but not
limited to, the type, nature, extent, use, and/or result of any response or
activity regarding polygraph examinations undertaken by the Meridian
Police Chief and his officers in the course of case investigations.
POLYGRAPH MENTORSHIP — page 8 of 10
i 0
3. Liability of Idaho Polygraph Association:
Polygraph examinations and related investigations are the sole
responsibility of the Meridian police Department. Consequently, unless
otherwise agreed to in writing, the Idaho Polygraph Association, Chip
Morgan, and/or his associates shall not be responsible or liable for
polygraph case investigations but shall serve only as polygraph case
consultants.
4. Duties of Polygraph Examiner:
When, during the course of the polygraph examination, the examiner
Determines that the examinee may have committed a crime, the examiner
Shall make the appropriate and necessary actions, including notifying the
case agentlinvestigator in a timely manner.
POLYGRAPH MENTORSHIP — page 9 of 10
Attachment B
PAYMENT SCHEDULE
A. Upon initiation of the mentoring program, Idaho Polygraph Associates shall
prepare and submit an invoice to the City of Meridian. The City of Meridian shall
provide the Idaho Polygraph Association, payment in the sun of $2,000.00.
B. Upon completion of the mentoring program, Idaho Polygraph Associates shall
prepare and submit an invoice to the City of Meridian. Upon acceptance of the work
and approval of the invoice, the City of Meridian shall provide the Idaho Polygraph
Association, payment in the sun of $2,000.00 for the acceptable performance of
services set forth herein.
TASK
A.
DESCRIPTION
Initiation of Polygraph Mentoring Program
AMOUNT
$2,000.00
B.
Completion of Polygraph Mentoring Program
$2,000.00
TOTAL
$49000.00
POLYGRAPH MENTORSHIP — page 10 of 10
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Rick Valenzuela ITEM NO. 5-X
REQUEST Approve New Beer and Wine License for Rick's Press Room Restaurant
by Rick Valenzuala at 130 E. Idaho Avenue:
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
See Attached Approvals
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT ITEM NO. 7
REQUEST Approve 2008 Fiscal Year Tentative Budget
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
COMMENTS
Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
CI
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
r]
VAC 07-008
APPLICANT Tealy Land Surveying ITEM NO. 8
REQUEST Continued Public Hearing from June 19, 2007: VAC 07 -OW Request for a Vacation of
the City of Meridian utility easement common to Lots 1, 2 & 3, Block 1 of the Fallon Greens Sub
for Hampton Inn and Suffes - 815 & 875 South Allen Street & 2870 East Freeway
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See Previous Item Packet
See Attached Staff Report
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
00
July 20, 2007
MERIDIAN CITY COUNCIL MEETING
APPLICANT Joint School District No 2 ITEM NO. 12
REQUEST Ordinance No. : Request for a Rezone of 24.69 acres from I -L to
C -G zone for Jabil Southeast - 1303 East Central Drive (Portion of Lot 1, Block 1,
July 24, 2007
RZ 07-009
of the Jabil Subdivision)
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See Attached Ordinance
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT: r !/
MERIDIAN SCHOOL DISTRICT: 6
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
M
D MVARRO AMOUNT 0o
E iDAH4 07/27/01 i2:d�
DEPUTY LI88
RECORDED -
REQUEST OF
Meridian City 107106318
CITY OF MERIDIAN ORDINANCE NO. a7- 132,J3
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA
AN ORDINANCE FINDING THAT THE JOINT SCHOOL DISTRICT NO. 29
THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN
REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-009 —
JABIL SOUTHEAST RE -ZONE) FOR REAL PROPERTY BEING A PORTION
OF PARCEL "A" OF RECORD OF SURVEY NO. 6631, SITUATED IN THE SE
OF SECTION 1$9 TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE
MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN
ATTACHMENT "A" OF THIS ORDINANCE AND RE -ZONING CERTAIN
LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND
WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-
ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS
FROM I-L(LIGHT INDUSTRIAL DISTRICT) TO C -G (GENERAL RETAIL
AND SERVICE COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE;
PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH
THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE
IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND
PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING
FOR A WAIVER OF THE READING RULES; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal
Description herein incorporated by reference as Exhibit "A" is within the corporate limits
Of the City of Meridian, Idaho, and that the City of Meridian has received a written
request for re -zoning by the owner of said property, to -wit: Joint School District No. 2.
SECTION 2. That the above-described real property is hereby re -zoned from I -L
(Light Industrial District) to C -G (General Retail and Service Commercial) in the
Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of
Idaho, and the Ordinances of the City of Meridian to re -zone said property.
RE -ZONE OF JABIL SOUTHEAST — RZ-07-009 Page 1 of 3
0
SECTION 4. That the City has complied with all the noticing requirements
pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re-
zone said properly.
SECTION 5. That the City Engineer is hereby directed to alter all use and area
maps as well as the official zoning maps, and all official maps depicting the boundaries
and the zoning districts of the City of Meridian in accordance with this ordinance.
SECTION d. All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days
following the effective date of this ordinance, duly file a certified copy of this ordinance
and a map prepared in a draftsman manner, including the lands herein rezoned, with the
following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor,
Treasurer and Assessor and shall also file simultaneously a certified copy of this
ordinance and map with the State Tax Commission of the State of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1)
of the Members of the fiill Council, the rule requiring two (2) separate readings by title
and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly,
this Ordinance shall be in full force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this 2' -qday ofGt��j 2007.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this z� qday of .2007.
wmn
100"
r0i05
.i
RE -ZONE OF JABII. SOUTHEAST — RZ-07-009 Page 2 of 3
ATTEST:
WELLIAM G. BERG, JI
STATE OF IDAHO, )
: ) ss.
County of Ada )
0 .
OF �dI
O
= BEAL
CITY CLE
On this 21"" day of ITU1,12007, before me, the
undersigned, a Notary Public in and for said Statd, personally appeared TAMMY de
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
1r6M•■■+60as �
••�
(SE AL} ���+'::= 0-4•'�O T,`'
NOTARY PUBLIC FOR IDAHO
RESIDING AT: , 11 D
MY COMMISSION EXPIRES: ko -11-1 1
RE -ZONE OF JABIL SOUTHEAST — RZ-07.009 Page 3 of 3
if � PARCEL
r--
PARCEL DESCRIPTION March 30, 3007
Project: Jabil Property— Hummel Architects
Parcel Type: South Portion of Parcel "A" of ROS No. 6631 and that portion of Locust
Grove right-cfaaay west of the Section line to be re -zoned.
A parcel of land being a portion Parcel "A" of Record of Survey No. 6631, situated in the
SE 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a found 3" brass cap, Corner Record butr meat No. 103176248,
marking the Southeast corner of squid Section 18;
Thence North 00°30'34" East, coincident with the east line of said Section 18, also being
the centerline of Locust Grove Rd, a distance of 1281.66 feet to the intersection of said
east line (centerline of Locust Grove Rd.) and the northerly right-of-way of Interstate
Highway 84 and the POINT OF BEGINNING;
Thence coincident with said northerly right-of-way line the following five courses:
Thence North 89033'08" West, a distance of 911.35 feet;
Thence South 84°2923" West, a distance of 200.87 feet to right-of-way.station 2363+00;
Thence North 89`33'30" West, a distance of 654.42 feet;
Thence North 28°26'58" West, a distance of 49.59 feet;
Thence South 89°37'32" West, along the northerly line of the SE 1/4 SW 1/4 of Section
18, a distance of 64.81 :feet to the southwest corner of said Parcel "A" of said Record of
Survey No. 6631;
Thence leaving said right-of-way and along the westerly line of said Parcel "A" the
following four courses:
Thence North 00°00'40" West, 128.95 feet;
Thence North 89°58'05" East, 94.70 feet;
Thence North 56°08'43" East, 40.08 feet;
Thence North 00°00'39" West, 537.85 feet;
Thence leaving said westerly line, North 89059'09" East, a distance of 340.49 feet;
Thence South 00000'32" West, a distance of 38.37 feet;
Thence South 90°00'00" East, a distance of 705.61 feat, a portion of this being along the
southerly edge of an interior wall within the existing Jabil Circuit building that previously
separated the administration/business section from the manufacturing section;
Thence South 00°00122" West, 176.85 feet;
Thence South 90000'00" East, 486.14 feet to a point on the easterly line of said Parcel
"A" of Record of Survey No. 6631 and the centerline of the Hunter Lateral;
Thence, coincident with the centerline of the Hunter Lateral, South 35012'46" East,
201.01 feet;
Thence continuing along said centerline of said Hunter Lateral, South 41034'5511 East,
121.13 feet to a point on said east line of Section 18 and the centerline of said Locust
Grove Rd.;
Thence, South 00030'34" West, coincident with said east line of said Section 18, also
being the centerline of Locust Grove Rd., a distance of 255.28 feet to the POINT OF
BEGINNING,
The parcel above described contains 24.69 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
This description does not describe real property and Is intended to be used for re -zoning
purposes only.
REVIE P VAL
BY
MERIDIAN PUKIC
WORKS DEPT.
r
L
INTERSTATE 84 MO -GF -WAY
CURVE TABLE
North Parcel
• "
C1 Ifr 148,00
37.04 HB3'110i'W 36.94
9.21 Acres
�
11'57'05" 332.00 I89.26
69.13
08
L4mevo,321w
SHEET
37
E 114 CORNER SECTION
a49
FND. I5" BRASS CAP
PLS 5082 CORNER
s61'
RECORD 108137709
�LATE'RAL
et
�
�
481 t d'
�+.
m
South Pored
24.69 Awn
'• �1
_
�`?3� id
w0a E
94 D'
uaew�•v�rw .
9.
m
Vi
INTERSTATE 84 MO -GF -WAY
CURVE TABLE
cmw OELTA ROVS
ARC CHORD BEARING CHORD
C1 Ifr 148,00
37.04 HB3'110i'W 36.94
C2 4n1' " 212.00
14.87 37 '012 E 14.87
11'57'05" 332.00 I89.26
69.13
RE VI !VA
6Y
MERIDIAN PUBLIC
WORKS DEPT.
LINE TABLE
LINE
BEARING
CENGM
Li
1-2
N 26'58"w
Ss89732"W
4.9.59
8.61
13'4
"
08
L4mevo,321w
SHEET
37
SE CORNER SECTION is
FND. 3' BRASS CAP
PLS $291 '
CORNER RECORD
103176248
cw_cm an
DeAie91 BY., 7W APPRa166 er
LAST off: 3l6l20p7 PLOT DATE OS 09
•ave
---- ------
RE ZONE EXHIBIT FOR THE SOUTH PORTION OFPARCFL A" OF' ROS No. 6631
& THAT PORTION OF LOCUST owvi R/W WEST or THE SECTION UNE
IN THESE 1/4 OF SECTION 18, T3N, RIE, BM
ADA COUNTY, IDAHO
AHD
DAM BY &VA Rom m
SCALE:
f "=300'
PROJECT NO. DRAiWNO FILE NAME
33417 35417-SWW—paLLB1Ts
SHEET
'1 7
J
N N
July 20, 2007 Department Reports
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Finance / Purchasing Department ITEM NO. 13-A-1
REQUEST Request to Pull Bid for City Hall Building Project Phase III by Color Craft
AGENCY COMMENTS
CITY CLERK: See attached
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
—/
V" r
MERIDIAN SCHOOL DISTRICT:
J
ADA COUNTY HIGHWAY DISTRICT:
f� l
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become properly of the Ctty of Meridian.
0 0 Page 1 of
Keith Watts
From: Keith Watts
Sent: Thursday, July 19, 2007 11:59 AM
To: Tammy de Weerd
Subject: City Hall Bid
Good morning Mayor, I received a call from Wes this morning notifying me that Color Craft, the winning bidder for
Painting & Wali Coverings, is requesting to pull his bid as they have made a "Gross" error in calculating their bid. State
Statute allows them to withdraw their bid within 5 calendar days of the opening. They dropped their request off on the
morning of the 6th day. The spread between low and 2nd low is approx. $55,000. If the City decides to grant them relief I
would suggest we keep their bid bond which will compensate us approx. $5K. I will put this on the Agenda for next week
and have Wes present unless further direction from you. Thanks,
Keith Watts
Purchasing Agent
City of Meridian
33 East Idaho Avenue
Meridian, ID 83642
'/19/2007
• � RECEIVED
COLOR
CRAFT, INC. JUL 2 4 2007
Painting ,& Wall Covering Contractors City�ofineridian
I"ity Cleric Office
Phone. (208) 378-1750
5211 W. Coffey St.; Boise, Idaho 83714
FAX 378-1571
July 18th , 2007
cC.ccececcccccccecccccceccceccccecccccccecccccdcccccCCcccccccccccocccccccccccccc
T®: PUU INC. i I:ombardA Conrad
ion: Wes Betas & sieve Simmons
8e: Paint Bid package #ii / Meridian. City Hall
Gentlemen:
fitter receiving.the.bid results, noting the bid disparity ,1 undertook a review of our bid
proposal. Secogtirmg that recently we purchased an estimating program /nigltizer to
expedite our job take -OHS , I had suspicions that this process may have contributed to the
disparity.
Therein ,I discovered a dross error in computations 01 the labor component of our estimate.
Color Craft Inc. respeeMMY submits to you that our bid be considered non quanned and that
the owner reject the proposal .
Respecauny,
Steve BiaCkburst , Business Manager ohlee 3784750 '/ cell 869.6530
Color Craft NOW mc.
Professional Painting Pays..
Idaho Statutes
, r
Page 1 of 1
Idaho Statutes RECEIVED
TITLE 54
PROFESSIONS, VOCATIONS, AND BUSINESSES
.CHAPTER 19
PUBLIC WORKS CONTRACTORS
54-1904B. RELIEF FROM BIDS. (a) If an awarding authority for the public
entity determines that a bidder is entitled to relief from a bid because of a
mistake, the authority shall prepare a report in writing to document the facts
establishing the existence of each element required in section 54-1904C, Idaho
Code. The report shall be available for inspection as a public record and
shall be filed with the public entity soliciting bids.
(b) A bidder claiming a mistake satisfying all the conditions of section
54-1904C, Idaho Code, shall be entitled to relief from the bid and have any
bid security returned by the public entity. Bidders not satisfying the
conditions found in section 54-1904C, Idaho Code, shall forfeit any bid
security. Bidders failing to execute a contract and not satisfying the
conditions of a mistake shall also forfeit any bid security.
The Idaho Code is spade available on the Internet by the Idaho Legislature as a public service.
This Internet version of the Idaho Code may not be used for commercial purposes, nor may this
database be published or repackaged for commercial sale without empress written permission.
Search the Idaho Statutes
Available Reference: Search Instructions.
JUL 2 4 2007
City of Meridian
City Clerk ®ffieo
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I. C. § 9-350. According to Idaho
law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the ,provisions of
this statute shall be deemed to be an infringer of the state of Idaho's copyright.
http://www3.state.id.us/cgi-bin/newidst?sctid=540190004B.K 7/24/2007
Idaho Statutes
irIdaho Statutes
TITLE 54
PROFESSIONS, VOCATIONS, AND BUSINESSES
CHAPTER 19
PUBLIC WORKS CONTRACTORS
54-1904C. GROUNDS FOR RELIEF. The bidder shall establish to the
satisfaction of the public entity that:
(a) A clerical or mathematical mistake was made;
(b) The bidder gave the public entity written notice within five (5)
calendar days after the opening of the bids of the mistake, specifying in the
notice in detail how the mistake occurred; and
(c) The mistake was material.
The Idaho Code is made available on the Internet by the Idaho Legislature as a public service.
This Internet version of the Idaho Code may not be used for commercial purposes, nor may this
database be published or repackaged for commercial sale without express written permission.
Search the Idaho Statutes
Available Reference: Search Instructions.
Page I of I
RECEIVED
JUL 2 4 2007
+City of Meridian
City" Clerk Office
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I. C. § 9-350. According to Idaho
law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of
this statute shall be deemed to be an infringer of the state of Idaho's copyright.
ittp:/Iwww3.state.id.us/cgi-bin/newi&t?sctid=540190004C.K 7/24/2007
0 •
July 20, 2007 Department Reports
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Finance / Purchasing Department ITEM NO. 13-A-2
REQUEST Update on Overall Effectiveness on Bidding Process
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT: .00
CITY PARKS DEPT: /x/1/4
OP
MERIDIAN SCHOOL DISTRICT: v"
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date: Phone: _
Staff Initials:
Materials presented at public meetings shall become properly of the City of Meridian.
BUDGET
The overall Not -to -Exceed Budget for this task is shown in Table 1. The work will be
billed on a time and expenses basis under the terms of the MSA Master Agreement for
Professional Services. The total budget shall not be exceeded without written
authorization.
Table 1
Labor Hours and Total Project Costs
Task Number Labor Total Cost
Hours
Task I - Redundancy and Storage Evaluation 78 $10,000
Project Totals 78 $101)-
TIME
10,
TIME OF PERFORMANCE
The completion date for this Task Order is 60 calendar days from Authorization to
Proceed. MSA will make every effort to complete the work in a timely manner,
however, it is agreed that MSA cannot be responsible for delays occasioned by factors
beyond its control, nor by factors that could not reasonably have been foreseen at the time
this Task Order was executed.
Tammy de Weerd, Mayor
Date:
Attest:
William G. Berg, Jr., City Clerk
Date:
Approved by City Council:
Murray, Smith & Associates Inc.
By:! r�>~
Title: �r1io(' Fr�;nee� ft45or�-�
Date:
City of Meridian MURRAY, SMITH & ASSOCIATES, INC. Task Order No.l
June 2007 Engineers/Plamers
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July 20, 2007 Department Reports
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Parks Department ITEM NO. 13-B-1
REQUEST Discussion of Parks Commission Recommendation on Proposed Antique
Market Event in Storey Park
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
r�u�✓
a�
See attached
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
r
Meridian Parks & Recreation
Memo
To: Mayor / City Council
Cc: Will Berg
From: Parks & Recreation Department
Date: July 20, 2007
Re: Proposed Antique Market Event
During the July 11, 2007 Parks and Recreation Commission meeting, Alee
Marsters from Hailey, Idaho presented to the commission a proposal to
start and promote an Antique Market show in Storey Park from
September 7-9, 2007. After consideration of the proposal, the Parks &
Recreation Commission approved the idea. Commission's
recommendation is that Alee Marsters works with Park Staff and Meridian
Speedway in regards to parking and shelter facilities. The Parks &
Recreation Commission is asking that this be forwarded to the Mayor and
City Council for their approval.
Backup documentation is enclosed for your review along with a letter
from the Chamber of Commerce with their recommendations.
Hello Meridian Park and Rec. IV
My name is Alee Marsters. I am the founder and Promoter of Hailey's Antique Market,
started in 1993. The shows are held annually July 4th & Labor Day weekends.
I would like to start and promote a show at Storey Park in Meridian. You can look at the
Homey Chamber website under events to see what a fun, family outing, well organized
event this is.
I would provide the following, if given an opportunity to have this event in Meridian and
also welcome other needs or idea's.
Bathrooms - at least 3 with one being handicap accessible. Cleaned at night.
Sani-centers - approximately 4.
Dempster -10/12 yard emptied as necessary.
Trash / Recycling cans -10 distributed throughout the show area and emptied frequently.
I have a million dollar insurance policy that would cover Storey Park and the City of
Meridian, as additionally insured.
I have tan orange cones to help with traffic flow and also 14 barricades to use as needed.
I provide night time security for the antique dealers objects during off show hours.
My idea would be to set up on September 7, Friday morning. Have the show on Friday
afternoon and then from 9 to 6 on Saturday and 10 to 5 on Sunday.
The show would be September 7a`, 86`, and 9h 2007. It would probably start out with
about 25 to 40 antique dealers and a few (maybe 3 to 5) food venders.... so the public can
leisurely shop the show, have a refreshment and maybe a bite to eat.
I provide a lot of advertising which would bring people into Meridian to also shop, eat,
may, and enjoy your town.
Sincerely,
Alee arsters
Po Box 2727
Hailey, ID 83333
208-788-9292 home
208-720-1146 cell
208-726--3939 work
�` . `123'saiM aipm JET FAX��8 �$ `"�
CHAMBER
OF
COMMERCE
Brace MacCog, President
Meridian Parks, & Recreation Commission
July 11, 2007
0
215 E. Franklin Rd., Meridisn, ID 83642
888-2817 * fag: SM2682
IV
Dear Brace and Commission Members,
I read with interest the request from Alec Marsters to conduct an Antique Market in Storey Park on September'1*-9n.
1 am familiar with the Market she prWuces in Hailey, and know that it would be a popular event.
In order for the Meridian Chamber to continue to provide its services to our member businesses and the public, I an in
need of a solution from your commission (or the applicant) as to (1) how to preserve our reserved parking spaces, (2)
whether the road from Main Street will be open or dosed, and (3) who would be assigned to control traffic and parking
in the Park. Our suggestion would be that the applicant be required to have people to control traffic and parking, and
to monitor our reserved spaces,
Storey Park tends to be busy from suwup to sundown whenever the weather is good, and early September is a busy
time for both the Chamber office and our Visitor Center. If the Commission approves this event, we need to
andapprised of the logistics of the event, including that the producer will provide people to protect our parking access
to our office. Use of any of the land which is covered by the Chamber's lease would need to he approved by the
Chamber.
I look forward to your prompt response to these issues. Please feel free to contact me if you have any questlonL
Sincerely,
Teri Sackman
Executive Director
cc: Doug Strong, Parks & k a"Ation Director
July 20, 2007
Department Reports
MERIDIAN CITY COUNCIL MEETING July 24, 2007
APPLICANT Fire Department ITEM NO. 13-C-1
REQUEST Update on Fireworks
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
COMMENTS
See attached
See attached
See attached
Date: Phone:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
• •
Memorandum
Meridian Police Department
TO: Mayor and City Council
July 20, 2007
CC: Lt. Overton, Meridian Police Dept. E E I
VED
Lt. Basterrechea, Meridian Police Dept.
Anna Canning, Planning Director J U L 2 9 2007
Joe Silva, Deputy Fire Chief City Of Meridian
Bill Nary, City Attorney City Clerk Office
FROM: Jenni Stoy
RE: 2007 Fireworks Permitting Process
The purpose of this memo is to give a review of the Code Enforcement challenges that were
raised during the 2007 Fireworks sales period and to provide some possible improvements for
the future.
The fireworks stands wish to advertise their individual stands during the period that they
are operating. They attempt to do this through signage including pennants, inflatable
apparatuses, and lighting. Unfortunately we had a lack of communication with the fire
inspectors during the inspection process and the vendors were given two different sets of
directions in reference to using pennants as a parking barrier. We have clarified this with the
Fire Department and made notice to all of the fireworks stands. Secondly, the stands went into
operation displaying their temporary signs without permits. We made contact with each
business owner and in many cases to the individual stand operators in reference to this and
subsequently the permits were purchased.
I would like to include a marketing supplement in the application packet for future
firework sales. This supplement would explain exactly which signs are allowed, how many and
what permits are required. This would be a form that would require the business owners
signature in order to provide an acknowledgement of the applicable Unified Development
Codes.
Thank you for the opportunity to provide feedback on this issue and I look forward to
working toward a more efficient process for everyone.
E
4S �
-1 #.
•1j �'F
Internal City Memo
Date: July 20, 2007
To: Mayor and City Council
cc Will Berg, City Clerk
Joe Silva, Deputy Fire Chief
Bill Nary, City Attorney
From: Bruce Freckleton, Development Services Manager
RE: 2007 Fire Works Permitting Process
Dear Mayor and Council,
JUL 2 0 2007
City Of Meridian
City Clerk ®ince
This memo is intended to give you a brief report on the impact to Development Services of
the newly adopted standards for the regulation of Fireworks within the City of Meridian. We
evaluated each application, at the time of submittal, for any problems that might be posed
from a Building Code perspective. For the most part, the information provided by the
applicants was too vague. At the time of inspection, several safety related problems were
identified, including but not limited to; guard railing and hand railing on stairways, exiting
issues related to tent flaps, electrical circuits that were not GFI protected, Incandescent
lighting over fireworks without any shielding around the bulb to protect it from breakage, and
electrical cords that were spliced together.
Below are some suggestions for implementation into the process for temporary structures:
1. Provide a handout to all applicants of temporary structures that detail the entire
process from application through all inspections.
2. Create a field inspection record specifically for temporary structures. This record
would specify the order for inspections.
3. Amend the Electrical Code to include:
a. All circuits must GFI protected at the source.
b. All light fixtures shall have enclosed lamps for protection against breakage.
c. No spliced cords.
4. Questions and/or comments to include in the application:
a. Describe your temp. power source (generator or permanent source)
b. Describe lighting to be installed.
c. All stairs for trailers, etc. must meet minimum code for tread rise/run, guards,
handrails etc.
d. Exits from tents must be secured by be back, and not just thrown on top of
tent.
Thank you for the opportunity to provide feedback on this issue. I look forward to working
through these issues to provide for a more efficient process of handling temporary structures.
l3v'►. z&
City Attorney's office
703 N. Main
MAYOR Phone: 898-5506 • Fax 884-8723
Tammy MEM E IDIAN�- -
William M. Nary
CITY COUNCICI L MEMBERS �� City Attorney/HR Director
ci
Keith BirdTed W. Baird
-
AHO
Joe Borton Deputy City Attorney
Charles M. Rountree
David Zaremba
Emily Kane
Deputy City Attorney
MEMORANDUM
DATE: July 20, 2007 EC ` F I V ET
TO: Mayor and City Council JUL 2 0 2007
FROM: Bill Nary, City Attorney/HR Director City Of Meridian.
City Clerk Office
RE: Legal Dept. work on Fireworks Ordinance
Between January 8 and the passage of the Meridian Fireworks Ordinance on March 7,
Emily Kane, Deputy City Attorney worked with City personnel, primarily Deputy Fire
Chief Joe Silva, to assist in drafting the ordinance. This effort involved:
• Researching state and federal law regarding fireworks;
• Reviewing other jurisdictions' fireworks ordinances and enforcement procedures;
• Meeting with Deputy Chief Silva and City staff in several departments (Fire,
Police (both patrol and Code Enforcement), Planning, Building, and the Clerk's
Office) to gather input and suggestions regarding the draft ordinance;
• Collaboratively drafting the ordinance to incorporate state, federal, and
International Fire Code requirements and to incorporate the concerns of all
involved City departments;
• Working with Shelly Houston to facilitate communication with the media,
community members, and fireworks vendors regarding the draft ordinance;
• Analyzing correspondence and public comments; and
• Modifying the ordinance multiple times before finalizing to incorporate changes
requested and suggestions made by City staff, City Council members, and
fireworks vendors.
During this nine -week period, she dedicated an average of approximately 20 hours a
week to this project, for a total of about 180 hours.
Before January 8, I provided legal research and analysis and worked with Deputy Chief
Silva on the first draft, on which activities I believe I spent approximately 8-10 hours.
Since March 7, Emily has undertaken further activities related to the Meridian Fireworks
Ordinance, including:
Legal Dept Fireworks Ordinance Memo AFJuly 20, 2007 Page I of 2
•
• Meeting with and responding to inquiries from City staff in the above -listed
departments regarding implementation and enforcement of the Ordinance;
• Tracking, analyzing, and drafting comments regarding Ada County's fireworks
ordinance revision;
• Assisting the Clerk's Office in preparing an application form that conforms to the
new Ordinance; and
This list represents approximately 10-12 hours of work.
Altogether, the City Attorney's Office spent about 200 hours assisting City staff in
drafting, implementing, enforcing, and dealing with the process from the Fireworks
Ordinance.
Legal Dept Fireworks Ordinance Memo NJuly 20, 2007 Page 2 of 2
. • Page 1 of 1
Sharon Smith
From: Anna Canning
Sent: Monday, July 23, 2007 8:30 AM
To: Will Berg; Sharon Smith; Tara Green
Cc: Joe Silva; Bill Nary; C. Caleb Hood
Subject: Time on Fireworks Stands and Ordinance
Dear Mayor and Council,
The Planning Department spent approximately 3 hours reviewing the Fireworks Ordinance and sent 2
staff members to discuss the new procedures. This yields a total of 5 hours.
The Planning Department spent much less time reviewing firework stand applications this year:
Front counter / general questions = .5 hours
Review applications for approval = .5 hours
Meet with Fire Marshall and Lee Family = .5 hours
Total time processing 2007 applications = 1.5 hours
In the previous year, the Planning Department spent much more time:
Front counter / general questions = 5.5 hours
Processing temporary use CZCs = 4.5 hours
Site visit = .5 hours
Total time processing 2006 applications = 10 hours
Anna Canning
7/23/2007
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MEMORANDUM
CITY CLERK'S OFFICE
TO: Mayor and City Council
FROM: William G. Berg, Jr.
DATE: Friday, July 20, 2007
•
E IDIAN�-
B!
RE: Follow Up / Comments on Fireworks Permit and Process
The total number of permits issued for retail sales fireworks permit is 15 and 1
fireworks display permit for 2007summer season.
My office spent considerable time reviewing the various draft ordinances that
were distributed. Those drafts werecompared to We also dealt � with keeping the fireworks e existing ordinance and to
our existing procedures and fees.
vendors informed on the process.
After reviewing the process of the new permit procedures. There was a lot of
feedback from applicants about tanapplication
actual tOperatortting We need toation —
revamp the
Supplier, Owner, Contracted,
form to fit those situations.
Suggestions from staff included attaching a handout to each application, outlining
the requirements from Building and Planning departments for electrical, building
code, signage, etc. That would let the applicants know the requirements before
inspectors are on site and avoid re -inspections. Some of those concerns
included:
1. Inspection requirements
2. signage requirements — safety sign vs advertisement sign
3. check off block on the form regarding need for power
4. list power source or heating source if any
33 East Idaho Avenue, Meridian, ID 83642
888-4433 fax 888-4218
nts — bulbs to
5, list lighting'railserequirements ortra7ers covered
6, stair height and
7, order of all other permits fees and required inspections
8, list of re -inspection fees due if they are not ready when they call out
inspectors
g, parking area requirements Ian?
10, discussion of pre -approved lighting, signage and parking p
My office will coordinate with Building, Fire,n and nd streamlinesofice the process.rtdepartments on
creating a form that provides better inform
If you have any questions, please contact me. Thanks.
33 East Idaho Avenue, Meridian, ID 83642
888-4433 fax 888-4218
Page 1 of 1
Will Berg
From: Sharon Smith
Sent: Monday, July 23, 2007 9:07 AM
To: Will Berg; Tara Green
Cc: Sheree Finch
Subject: Fireworks Memo
this —Will do you want to write that to Mayor &Council? My suggestions would
Bill did ask me to do a memo on
be —
k
Note the total of 16 Permits for Retail Sales of Fireworks and 1 permit for Fireworks Display
not fitting their situation —Supplier, Owner, Contracted
There was a lot of feedback from applicants about the form
to, and actual Operator. We need to revamp the form to fit those situations.
Suggestions from staff included attaching a handout to each application, outlining the requirements from Building
and Planning departments for electrical, buildingSome of those concerns included: Id let the applicants know the
requirements before inspectors are on site
1. Inspection requirements
2. signage requirements — safety sign vs advertisement sign
3. check off block on the form regarding need for power
4. list power source or heating source if any
5. list lighting requirements — bulbs to be covered
g, stair height and rails requirements for trailers
7. order of all other permits fees and required inspections
g, list of re -inspection fees due if they are not ready when they call out inspectors
9. parking area requirements Ian?
10. discussion of pre -approved lighting, signage and parking p
Thanks!
Sharon
7/24/2007
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Department Reports
July 20, 2007 July 24, 2007
MERIDIAN CITY COUNCIL MEETING ITEM NO. 3'D-1
APPLICANT Public Works Department
of Meridian, Shepherd's
�,�r,t Agreement between the City fr Linder
REQUEST Reimburse
_..,.�I i C' rind TUscal
Roaa To '),ucauu�� —1—
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
,
, Inc. for 27 inch sewer Trunk om
COMMENTS
See attached
OTHER: Phone:
Date:
Contacted: Staff Initials:
Emailed:
iy►°tedais presented at public meetings shall become property of the city of Meridian.
City of Meridian
Public Works Dept.
1
Memo
To: Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer
CC: File
City ()t ��
Office
diall
City
Date: 7/18/07
Re.
proposed Agenda Item for July 24, 2007 City Council Meeting
The Public Works Department respectfully the following item be l�on the July
24 City Council agenda, under Public WoReP Council'sconsideration:
Stoddard Road s ch tru 1`0
This agreement reimburses the offsitreimburses
the City for what the onsite developer would haveper for con truction of 27 in nk sewer f m
Overland to Linder Road and reimbufr
built. The total cost of construction is estimated Mme � �ti �1m�e89�� us'cmany Development to
City to Shepherd's Creek is $519,98
the City is $192,386. The agreement is written anden the city to pay 90% of the remainder one year thereafter. Staff on satisfactory completion of the prod
requests guidance on term of payment from Council.
Recommended Council A�Reimbursement agreemenThe public Workst with�Lr'nder 109, LLC for
ent recommends
that City Council approves
a cost of $519,989 and payment of 90%, then the remainder after one year, or
as Council advises, and authorizes the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
this item.
0 Page 1
COOPERATIVE CONSTRUCTION
AND
REIMBURSEM NT AGREEMENT
27 -INCH AND 30 -INCH SANITARY SEWER TRUNKLINE
OVERLAND ROAD TO LINDER ROAD
da of ,20 , by and between the
THIS AGREEMENT made this Y
ion, hereinafter called CITY, and Linder 109,
CITY OF MERIDIAN, a municipal corporat
LLC, hereinafter called DEVELOPER:
WITNESSETH:
WHEREAS, DEVELOPER owns land inside the corporate loimy antd future Cit Meridian and
of M rid an
will construct a sanitary sewer system to their serve th p p
_ _it `S errand Exhibit "C", and has requested
property, shown as Line Al on Exhib
reimbursement for the sanitary sewer system;
WHEREAS, upon recommendation of the Public Works Department, the Council of CITY
accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter
provided by this Agreement.
NOW THEREFORE, in consideration of the foregoing premises, it is agreed:
A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings,
instructions, bid proposal and all other contract documents for the constructtopf Way,
installation of sanitary sewer system, shown on Exhibit "B", including righ
grades and elevation, and materials used in the construction and installation of said trunk
sanitary sewer lines.
B. Construction of Sanit Sewer -Trunk
DEVELOPER will install and constructed the sanitary sewer system and
appurtenances as shown on Exhibit .f B„ ,subject to the conditions hereinafter
provided.
Bering, surveying, contract administration,
(2) DEVELOPER will provide all engin
permanent and temporary construction easements for the construction of the
sanitary sewer system described on Exhibit "B”-
(3) DEVELOPER will provide all testing, sampling and other normally conducted
quality control/quality insurance of installed systems.
(4) CITY will provide inspection` services for the construction of the sanitary sewer
system described on Exhibit "B".
C. Lettin Bids. DEVELOPER has solicited bids and published requests for bid proposals
for construction of the sanitary sewer system from at least three (3) properly licensed
public work contractors. DEVELOPER �enlc � m Cconstruction
Y o�ow bidder.e lowest
responsible bidder after obtaining
D. DEVELOPER and CITY Res onsibilit foem, . Because the as shown on ExhOstsibit atRthe
ll
construct oversized sanitary sewer improv
request of the CITY, it is mutually agreed that the cost �of those sanitary sewer
improvements will be shared
as
depicted
in 11bit 00% of thecost of the pect to aroject, estimated
cost
verification. The DEVELOPER Provide
at j4n 560, with reimbursement from the E IIT�Y in accordance with Section E of this
agreement "Reimbursement to DEVELOPER-
E.
EVELOP
E RE BURSEMEW to DEVELOPER. sewers stem as shown on Exhibit
Because the DEVELOPER will construct the sanitary Y
°B", the CITY shall reimburse to the DEVELOPER that portion of the cost allowed by
City Code, after a 5% deduction for an administration fee, with the total reimbursement
to the Developer estimated at29_ 0,21 7
a ent shall be made to the DEVELOPER after
F Term of Agreement. 90 of the agreed p ymd proof
satisfactory completion of the constructional conformance the sewer t o the estimatedovements costs in the
costs is submitted for approval for substantial
proposal approved by Council. Adjustments based on actual costs incurred will be
allowed upon Approval by City Council prior to reimbursement. The remaining 10% of
the agreed amount shall be paid to the DEVELOPER one year after issuese first payment
subject to any costs incurred by the City for rework or warranty
G. Sanitary Sewer Lines on DEVELOPER'S Proert . As a condition for CITY entering
this Agreement, DEVELOPER has or will:
Submit to inspection by either the Public Works Department or the Building Department
of CITY whenever a building is to be connected to the sanitary sewer system
constructed and installed on and within its property.
H. Com liM with Laws.
(1) In constructing and installing the sanitary sewer system within its property,
DEVELOPER, at its sole expense, shall complyw sole expense shaith laws, orders ll obtain all regations of
Federal, State and Municipal authorities and a
t ilicenses or permits which may be required for the performance of this Agreement.
tem, DEVELOPER agrees to abide by
(2) Upon connection to the sanitary sewers Ys stems.
all applicable City laws, rules and regulations pertaining to sanitary sewers Y
J. Indemnification and Insurance. DEVELOPER lams actions, demnify judgmentsand
for damages,
harmless CITY from and for any and all losses,
or injury to persons or property and losses and expenses caused or incurred by
DEVELOPER, its servants, agents, employees, guest, and business invitees, and not
caused by or arising out of tortuous conduct of CITY or its employees.
K. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any
privilege here under, either voluntarily or involuntarily, without the prior written
consent of the CITY, which consent shall not be unreasonably withheld.
L• _Definition of DEVELOPER'S withheld -
pro he ter"DEVELOPER'S tta attached herOetoEandYmore
the Agreement shall mean the parcels shown on Southridga Subdivision.
specifically all of the property included in the
ce Of
M Bindin¢ Effect An executed
copy of this documenthich shall be binding uposhall be recorded in the n
all of
the Ada County Recorders and is an Encumbrance
DEVELOPER'S assigns, or successors in interest to said property.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers the day and year first above written
DEVELOPER: Linder 109 LLC
Title
Name (printed)
Date
Signature
STATE OF IDAHO )
) ss
County of Ada )
0
_ before me the undersigned, a
On this day of y eared and
Notary Public in and for said State, personally appeared p
u eknont and acknowledged to meor identified to me to be tthat h y executed the same.
ersons whose names are
subscribed to the within instrument,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
Notary public For Idaho
Residing at: --
Commission Expires:_
MAYOR
ATTEST:
CITY CLERK
STATE OF IDAHO )
) ss
County of Ada ) Public
day ,before me the undersigned, a Notary
On this __ of appeared TAMMY DE WEERD and WILLIAM G. BERG, JR,
in and for said State, personally
known to me to be The Mayor and City Clerk of the City ofMeridian executed the same
executed the within
instrument and acknowledged to me that the City o and ear
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day Y
first above written.
Notary public For Idaho
Residing at:
Commission Expires:
(SEAL)
TEN MILE
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EXHIBIT "B"
EXHI_ IT ' C
CAT TRUNK OVERSIZED SEWER
BLACK
UNE B
(UNE � and 2T
OVERUNDER O
TOTAL
2�
O STODDA�RD (UNE B)R
REIMBURSEABLE OR CITY
TOTAL
COI+ TRUCTION COSTS
CONSTRUC ON COSTS
At $4"��
LINE At $277.WUNE
LINE B $326,046
LINE B 1519,989
1974,679
TOTAL $605,667
TOTAL
ESM = E*new"- Surrey. W"gemerrt
ONSITE DEVELOPER
C NSTRUCTI N CSTS
UNE All
$177,069
UNE B
$191,943
TOTAL
$369,012
UNE -&1 FALL 2007 By
SOUTHRIDGE COSTSLUMP SUM UPON COMPLETION AND CCEREIMBURSED FROM T
HE
ACCEPTANCE
CITY OF MERIDIAN
Construction
ESM
Reimbursable
Construction
Engineering
Surveying
Management
Reimbursable
Subtotal
City Admin ( 5%)
$45090 By Southridge
$27,870 By Souftid9e
$277,821
$21,530
$3,840
$2,5W
$305,491
-$15275 (5°/a of Reimbursable Construction Plus ESM)
AMOUNT TO BE PAID TO SOUTHRIDGE UPON COMPLETION
REIMBURSE $21110'2117
LINE Al
UNE 8
gEARWOOD COSTS TO BEAN CIN SEPIOCT OMPLETION 7 BY SHEPHERD CREEK AND REIMBURSED FROM THE
CITY OF MERIDIAN 100%
Construction $519,989 By Shepherd Creek
ESM $18.600 By Beemood
FEE TO BE PAID TO CITY BY BEARWOOD PRIOR TO SIGNATURE ON PHASE 1 FINAL PLAT
fm
DeveloPer Portion
Engineering
Surveying
Management
Fee PaYmeM
Subtotal
City Admin (59k)
$191,943
$9,500
-$4,800
-$2.500
$175.143
7242 (5a/o Of Reimbursable Construction Plus ESM)
$1,
AMOUNT To CITY PRIOR
FINAL PLATOBE PAID By SIGNA URE FOR NCONSTRUCTION
TO PHASE 1
FEE PAYMENT $192,386
UNE B
N C
$612.820 60.1%
Od 2007)
$519.989 Shepherd Creels (Line B) Rein�rn;ement (SWOct
Shepherd Creek Sewer Proportion
City of Meridian
-$5.000 Minus $5.000
Plus Southridge (Line A) Reimbursernent Payment (Dec 2007)
$290,217
-$192.318 Minus Bearwood (Lifts B) Fee Payment (Spring 2008)
Includes $32.517 Admin Fee
$192,348 18.9%
690 Sou#mid9e (Costs 2007)
$454. L ne A)R mbursement (Dec 2007)
Soutlxid9 (Li)
SouBrridge
.,5290.217 Mss
$27.870 Plus ESM
$192,E Bearwood (Line B) Fee Payment (Spring 2008)
Bearwood
$2186 20.5%
,
$16.800 Plus ESM
$519.989 Shepherd Creek (Line B) Conduction Costs
Shepherd Creek
�,Op0 0.5%
rd Creek (Line B) Reimbursement
5514.9&9 Shepherd
Finance Management Costs
and
Pius Onsite Black Cat Trunk Costs
GRAND TOTAL
$1.019,349 100%
E
Department Reports
July 20, 2407
J u ly 24, 2007
MERIDIAN CITY COUNCIL MEETING ITEM NO. 3-D�Z
APPLICANT Public Works Department of Meridian and Linder
o
REQUEST Reimbursement Agreement between
Road t ItLinder Road
:�..�, r.A,Ar think from Ove
IUY, LLQ., IUi /-/ 11 �'-- --
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
COMMENTS
See attached
�tVNA\rt ��
OTHER: Phone:
Date:
Contacted: Staff Initials:
Emailed:
Materials presented at public meetings shall become property of the city of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Will Berg; Tara Green
Front Kyle Radek, P.E., Staff Engineer
CC: File
Date-. 7/18/07
Proposed Agenda Item for July 24, 2007 City Council Meeting
•
Re:
A UK 18 2007
City Of Meridian
Ci y Clerk Office
The Public Works Department respectfully requests the following it be placed on the July
24 City Council agenda, under Public Works Reports, for Council's consideration: ..,r, r
for 27 and inch sewer trunkfrom Overland to Linder Road
This agreement reimburses the developerfor �� construction is of mated 30at inc 2, trunk0. The from
overland to Linder Road. The total costo
reimbursement from the City is $290,217. The fire Pm ent a writnd le forthe
one y year of
the reimbursement on satisfactory completionent from Council.
thereafter. Staff requests guidance on term of payor
Recommended Council Action- The Public Works Re�mbursement agreemenDew h Linder 109, LLC for
recommends
that City Council approves
a cost of $290,217 and payment of 9th/°, then the remainder after one year, or
as Council advises, and authorizes the Mayor to sign it.
Thank you for your consideration. Please contact me if You have any questions regarding
this item.
e Page 1
COOPERATNE CONSTRUCTION
AND
REIMBURSEMENT AGREEMENT
27 -INCH SANITARY SEWER TRUNK -LINE
CINDER ROAD TO STODDARD ROAD
THIS AGREEMENT made this day of
,2p , by and between the
CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and Shepherd's
Creek LLC, hereinafter called OFFSITE DEVELOPER, and Tuscany Development, Inc,
hereinafter called ONSITE DEVELOPER:
WITNESSETH:
WHEREAS, OFFSITE DEVELOPER owns land inside the corporate limits of the City of
Meridian and will construct an offsite sanitary sewer system to their serve their property and
future City of Meridian property, shown as Line B on Exhibit "A" and Exhibit "C", and has
requested reimbursement for the sanitary sewer system;
WHEREAS, ONSITE DEVELOPER owns land inside the corporate limits of the City of
Meridian and will allow construction of the offsite sanitary sewer system across their property
to serve their property and other City of Meridian property, as shown on Exhibit "A", and has
agreed to compensate the City of Meridian for a portion of the reimbursement to the
OFFSITE DEVELOPER.
WHEREAS, upon recommendation of the Public Works Department, the Council of CITY
accepted and approved the proposal of OFFSITE DEVELOPER and ONSITE DEVELOPER
subject to all conditions hereinafter provided by this Agreement.
NOW THEREFORE, in consideration of the foregoing premises, it is agreed:
A. Preparation of Plans. ONSITE DEVELOPER has prepared plans and specifications,
drawings, instructions, bid proposal and all other contract documents for the
construction and installation of sanitary sewer system, shown on Exhibit "B", including
rights-of-way, grades and elevation, and materials used in the construction and
installation of said trunk sanitary sewer lines.
B. Construction of Sanitary Sewer Trunk Lines.
(1) OFFSITE DEVELOPER will install and constructed
to he conditions hesewer system and
appurtenances as shown on Exhibit B ,
provided.
(2) ONSITE DEVELOPER will provide all engineering, surveying, contract
administration, permanent and temporary construction easements for the
construction of the sanitary sewer system described on Exhibit "B".
(3) OFFSITE DEVELOPER will provide all testing, sampling and other normally
conducted quality controllquality insurance of installed systems.
(4) CITY will provide inspection services for the construction of the sanitary sewer
system described on Exhibit
C. Lett. OFFSITE DEVELOPER has solicitedsystem s emds and published from at least three requests3) property
proposals for construction of the sanitary se ythe constructio
licensed public work contractors. OFFSITE DEVELOPER .Curren a from CITY of low bidder•
to the lowest responsible bidder after obtaining
D. OFFSITE DEVELOPER and ITY Resanitary ity for _Costs. sewer improveBecause the ments, as on
OFFSITE
DEVELOPER will construct oversizedYof those
Exhibit "B", at the request of the CITY, it is mutually agreed
hat , the osubje t to actual
icted in sanitary sewer improvements will be shared as dep
cost verification. The OFFSITE DEVELOPERshm l�pro vide 100%
the CITY inruction
cost of the project, estimated at 51$ 9,989 vcn e
accordance with Section E of this agreement "REIMBURSEMENT to OFFSITE
DEVELOPER".
E. REIMBURSEMENT to OFFSITE DEVELOPER. sewers tem as shown
Because the OFFSITE DEVELOPER will construct the sanitary system
on Exhibit "B", the CITY shall reimburse ihthe total
rem urs menSITE ta the DeveloperVELOPER I estimated
cost, as allowed by City Code, with the to
at 51$ 9,989.
F. ONSITE DEVELOPER and CITY Res onsis i e for omanaBecause
ment f the oversized
DEVELOPER has paid for the engineering, y
sanitary sewer improvements and would have constructed the oversized sanitary sewer
improvements at a later date, as shown on Exhi eiW ,Ber improVe a is X11 be shared as mutually agreed that the cost of those sanitary
depicted in Exhibit "C", subject to actual cost verification the cost of the proand final ject provwith payment t e
ONSITE DEVELOPER shall provide a portion
to the CITY in accordance with Section G of this agreement "FEE PAYMENT from
ONSITE DEVELOPER".
G. FEE PAYMENT from ONSITE DEVELOPER. Because the ONSITE DEVELOPER
would have constructed the sanitary system as shown on Exhibit B ,the ONSITE
PER shall pay to the City a portion of the cost, as allowed by City Code, with
DEVELO
the FEE estimated at 19L386. The tted wi�ri the Bearwood Subdivision. ineer
signature on the first final plat sub
H. Term of Agrount shall be made to the
eement. Payment of fthe completion of he construction of the sewer
OFFSITE DEVELOPER after satisfactory
improvements and proof of costs is submitted by Council. proval Adjusor tments basal o conformance
to the estimated costs in the proposal app royal b Cit Council prior to
actual cysts incurred will be allowed 0% oPfhe °Approval
amount shall be paid to the OFFSITE
reimbursement. The remaining ° gr
first payment subject to any costs incurred by the City
DEVELOPER one year after the
for rework or warranty issues.
I. Sanitary Sewer Lines on SITE DEVELOPER As a condition for CITY
entering this Agreement, ONSITE DEVELOPER has or will:
t or
Submit to inspection by either the Public Works res Departme to the nary the Building Department
of CITY whenever a building is to he conn
constructed and installed on and within its property.
Compliance with Laws.
(1) In constructing and installing the sanitary sewer system within its property, ith laws,
OFFSITE AND ONSITE DEVELOPER, anadt tMunicipalutltorit authorities sole expense, shall
and atlits sole
orders and regulations of Federal, State
expense shall obtain all licenses or permits which may be required for the
Performance of his Agreement -
(2) Upon connection to the sanitary sewer system, ONSITE AND OFFSITE
DEVELOPER agrees to abide by all applicable City laws, rules and regulations
pertaining to sanitary sewer systems.
FSITE
VELOPER shall
K. Indemnification and Insurance. ONSITEss CITY fromFand for any and all losses, claims,
indemnify and save and hold harmle persons or property and losses and
actions, judgments for damages, or injury to p
expenses caused or incurred by ONSITE OR OFaanSdTT o Dau ed by or arising out of
agents, employees, guest, and bushes
vi
tortuous conduct of CITY or its employees.
No Assignment. ONSITE OR OFFSITE DEVELOPER shall not assign any , th of
privilege here under, either voluntarily or involuntarily, without
L. this Agreement or any pg
the prior written consent of the CITY, which consent shall not be unreasonably
withheld.
rm
M. Definition of DEVELOPER'S Pro ert peon Exhib"DEVELOPER'S
V ALOttattached
hereto, and more
the Agreement shall mean the parcels shown
specifically all of the property included in the Shepherd Creek and Bearwood
Subdivisions.
Binding Effect. An executed copy of this document shall be recorded in the office of
N.
the Ada County Recorders and is an Encumbrance which shall be binding upon all of
essors in interest to said property.
DEVELOPER'S assigns, or succ
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers the day and year first above written.
OFFSITE DEVELOPER:
Name (printed)
Signature
ONSITE DEVELOPER:
Name (printed)
Signature
STATE OF IDAHO )
) ss
County of Ada )
Shepherd's Creek LLC
Tuscany Development, Inc.
Title
Date
Title
Date
, before me the undersigned, a Notary Public in
On this day of _ )mown or identified to
and for said State, personally appeared
me to be the persons whose names are subscribed to the within instrument, and acknowledged
to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Notary b icl For Idaho
Residing at:
Commission Expires:
•
(SEAL)
0 •
STATE OF IDAHO )
) ss
County of Ada )
On thisday of , before me the undersigned, a Notary Public in
and for said State, personally appeared
,known or identified to
me to be the persons whose names are subscribed to the within instrument, and acknowledged
to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Notary Public For Idaho
Residing at:
Commission Expires:
(SEAL)
MAYOR
ATTEST:
CITY CLERK.
STATE OF IDAHO )
) ss
County of Ada )
On this day of , before me the undersigned, a Notary Public
in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR,
known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, who executed the within
instrument and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
Notary Public For Idaho
Residing at:
Commission Expires:_
(SEAL)
NY10183A
ONtl0001S
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EXHIBIT "B"
E -X p^..
BLACK CAT TRUNK OVERSIZED SEWER
UNDER TO STODDARD (LINE B)? 23(r and 27°
REIMBURSEABLE OR CITY ONSITE DEVELOPER
TOTAL go
TR COSTS
pQ STRUCTION COSTS CONSTRUCTION COSTS
LINE At $277.621 LINE Al $177.069
LINE Al •� LINE B $3211,046 LINE B $181.843
LINE B $518,888
TOTAL $874,678
TOTAL $605,867 TOTAL $368.012
ESM = Engineering, Survey, Management
UNC IN 2W7 By SOUTHRE AND RE
SOUTHRIDGE COSTS To
MERIDIAN LUMP SUM DpaNFALL COMPLETION AND ACC�EPTANCE�BURSED FROM THE
CITY a
Construction $454,690 By Southridge
ESM $27.870 By Southrfdge
Reimbursable $277,621
Construction $21 •�
Engineering $3,840
Surveying $2,500
Management
Reimbursable $305,491
Subtotal
City Admin (50/a)
-$15275 (5% of Reimbursable construction Pius ESM)
REIMBURSE $280.217 AMOUNT TO BE PAID TO SOUTHRIDGE UPON COMPLETION
UNE Al
UNE B
BEARWOOD COSTS TOO BE SEPIOCIN
T
7 BY SHEPHERD CREEK AND REIMBURSED FROM THE
CITY OF MERIDIAN
Const $519,989 By Shepherd Creek
ESM $16.800 By Bearwood
,
FEE TO BE PAID TO CITY BY BEARWOOD PRIOR TO SIGNATURE ON PHASE 1 FINAL PLAT
E"
Developer Portion
$191.943
Engineering
-$9,500
-$4,800
Surveying
Management
-$2.500
Fee Payment
$175.143
Subtotal
$17,242 (5°A of Reimbursable ConstructionPlus ESM)
City Admin (5%)
B CTo CITY PRIOR TO PHASE 1
BE PAID By
FEE PAYMENT
CONSTRUCTION
$182'388 FINALNT PLATOSIGNATURE FORRRL NE
LINES
"r--T
Cky of Meridian
Creek (Line B) Reimbursement (Sep/Oux 2007)
$612,820 60.1% $5$5,� Minus 0W Shepherd Creek Sewer Pmpo bon Dedudron
,OW
$290,217 Plus Suxdhridge (Line A) Reimbursement Payment (Dec 2007)
-$192,386 Minus BearMood (Nne B) Fee Payment (Spring 2008)
includes $32,517 Admin Fee
Southridge
$192,344 18.9% $454,690 Southridge One A) Construction Costs (A SISep 2007)
Minus Soulhridge (line A) Reimbursement (Dec 2007)
-$290,217
$27,670 Plus ESM
$209,186 20.5% $192,386 Bearwood (Line B) Fee Payment (Spring 2008)
Bearwood
$16,800 Plus ESM
Shepherd Creek
$5,000 0.5% $519,989 Shepherd Creek (Line B) Construction Costs
$514,989 Sh6Phsrd Creek (Line 8) Re'mbursemwd
Plus Financing and Finance Management Costs
Plus Onsite Black Cat Trunk Costs
GRAND TOTAL
$1,019,349 100%
0
11
Department Reports
July 20, 2007
MERIDIAN CITY COUNCIL MEETING JUIy 24, 2007
ITEM NO. 13'D'3
APPLICANT Public Works Department
dian
REQUEST Reimbursement Agreement between the Cityof He Road and Linder
109, LLC for 27 inch sewer trunk from Overland Road to el
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See attached
rf,v'-,avt
Date: Phone:
Contacted: Staff Initials:
Emailed:
Materials presented at public meetings shall become property of the city of Meridian.
•
City of Meridian
Public Works Dept.
Memo
To: Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer
CC: File
Date: 7/18/07
ReiProposed Agenda Item for July 24, 2007 Ciiy Council Meeting
•
(City ®1 Yf ® an
City
The Public Works Department respectfully Reports,e e following
sitem be considerpll tion'. on the July
24 City Council agenda, under Public Wo
A royal ui IKfr m --
for 21 inch sewer trunk from Overland to Ten Mile Roa
This agreement reimburses the
The total cost of construction is 21 inch trunk sewer from
Overland to Ten Mile Road. estimated at $425,588. The
y to reimbursement from the City is $244�81S�ffTh��9�e� guidance on term of payment pay
t is written for the cit
reimbursement back over three yea
Council.
Recommended Council Action: The Public Works Department recommends
menwith Under 11, LLC for
that City Council approves
Reimt over threeursementa
ars ortasCouncil advivisss, an
cost of $244,812 and payor
authorizes the Mayor to sign It.
Thank you for your consideration. Please contact me if you have any questions regarding
this item.
0 Page 1
COOPERATIVE CONSTRUCTION
AND
REIMBURSEMENT AGREEMENT
21 -INCH SANITARY SEWER IRRUNKL1NE
OVERLAND ROAD TO TEN MILE ROAD
THIS AGREEMENT made this day of
,20 , by and between the
CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and Linder 109,
LLC, hereinafter called DEVELOPER:
WITNESSETH:
WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and
will construct a sanitary sewer system to their serve their property and future City of Meridian
property, shown as Line A2 on Exhibit "A" and Exhibit "C", and has requested
reimbursement for the sanitary sewer system;
WHEREAS, upon recommendation of the Public Works Department, the Council of CITY
accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter
provided by this Agreement.
NOW THEREFORE, in consideration of the foregoing premises, it is agreed:
A. Pre aration of Plans. DEVELOPER has prepared plans and specifications, drawings,
instructions, bid proposal and all other contract documents for the construction and
installation of sanitary sewer system, shown on Exhibit "B", including rights-of-way,
grades and elevation, and materials used in the construction and installation of said trunk
sanitary sewer lines.
B. Construction of Sanitary Sewer Trunk Lines.
(1) DEVELOPER will install and constructed the sanitary sewer system and
appurtenances as shown on Exhibit "B", subject to the conditions hereinafter
provided.
(2) DEVELOPER will provide all engineering, surveying, contract administration,
permanent and temporary construction easements for the construction of the
sanitary sewer system described on Exhibit "W'.
(3) DEVELOPER will provide all testing, sampling and other normally conducted
quality control/quality insurance of installed systems.
(4) CITY will provide inspection services for the construction of the sanitary sewer
system described on Exhibit "B"-
or C. Lettin Bids. DEVELOPER has solicited bids
andpublished
ubllihehdrequests f
ree (3) properly licensed
tensed is
for construction of the sanitary sewer system
public work contractors. DEVELOPER will award the construction to the lowest
responsible bidder after obtaining concurrence from CITY of low bidder.
D. DEVELOPER and CITY Res onsibili ro ements, as shown on DEVELOPER will
construct oversized sanitary sewer imp
request of the CITY, it is mutually agreed that the cost of those sanitary sewer
improvements will be shareas hall rovect to actual cost
ide 100icted in % of the cJost of the project, estimated
verification. The DEVELOPERP
at42�, 5y$, with reimbursement from the CITY in accordance with Section E of this
agreement "Reimbursement to DEVELOPER" -
E. REIMBURSEMENT to DEVELOPER.sewers stem as shown on Exhibit
Because the DEVELOPER will construct the sanitary Y
"B", the CITY shall reimburse to the DEVELOPER that portion of the cost allowed by
total reimbursement
City Code, after a 5% deduction for an administration fee, with the
to the Developer estimated at 2$ 44,81
ctory
F. Term of Agreement. payment shall
of alllbe mae to the developer after ie ewer improvements and proof olf costs is
completion of the construction costs in the
submitted for approval for substantial conformance to the shall
estimated
sbe ima ed pay thetpropos
approved by Council. Three equal yearly payor
ents reimbursement starting on the 1 year anniversary °eafter.satisfactory
Adjustment based on actual
construction and continuing for two payments
costs incurred will be allowed upon Approval by City Council prior to reimbursement.
Cr. Sanitary Sewer Lines on DEVELOPER'SIE erty. As a condition for CITY entering
this Agreement, DEVELOPER has or will:
Submit to inspection by either the Public Works Department to She Building ewer system
Department
of CITY whenever a building is to be connected
constructed and installed on and within its property.
H. Compliance with Laws.
(1) In constructing and installing the sanitary sewer system within its property,
DEVELOPER, at its sole expense, shall comply
laws, orders all obcgultain a lons of
Federal, State and Municipal authorities and its sole a shall
licenses or permits which may be required for the performance of this Agreement.
(2) Upon connection to the sanitary sewer system, DEVELOPER agrees to abide by
all applicable City laws, rules and regulations pertaining to sanitary sewer systems.
J. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold
harmless CITY from and for any and all losses, claims, actions, judgments for damages,
or injury to persons or property and losses and expenses caused or incurred by
DEVELOPER, its servants, agents, employees, guest, and business invitees, and not
caused by or arising out of tortuous conduct of CITY or its employees.
K. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any
privilege here under, either voluntarily or involuntarily, without the prior written
consent of the CITY, which consent shall not be unreasonably withheld.
L. Definition of DEVELOPER'S PrOUerty. The term "DEVELOPER'S PROPERTY" in
the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more
specifically all of the property included in the Southridge Subdivision.
M. Binding Effect. executana san Enpcl
s document shall be recorded in the office of
the Ada County Recorders umbrance which shall be binding upon all of
DEVELOPER'S assigns, or successors in interest to said property.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers the day and year first above written.
DEVELOPER: Linder 109 LLC
Title
Name (printed)
Date
Signature
•
STATE OF IDAHO )
) ss
County of Ada )
, before me the undersigned, a
On this day of
Notary Public in and for said State,
Personally appeared and
,known or identified to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
Notary Public For Idaho
Residing at:.
Commission Expires:`
MAYOR
ATTEST:
CITY CLERK
STATE OF IDAHO )
) ss
County of Ada )
day of ,before me the undersigned, a Notary Public
On this TAMMY
in and for said State, personally appeared Y DE WEERD and WILLIAM G. BERG, JR,
known to me to be The Mayor and it Clerk of of City
M ed'teIdaho,
the hOsawho
e °executed the within
instrument and acknowledged to me City
IN WPTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
Notary Public For Idaho
Residing at:.
Commission Expires:_
(SEAL)
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EXH16IT '92'
BLACK CAT TRUNK OVERSIZED SEWER
OVERLAND TO TEN MILE (UNE A2) - 21"
REIMBURSEABLE OR CITY ONSITE DEVELOPER
TOTAL CONSTRUCTION COSTS CON TRUCTION COSTS
CONSTRUCTION COST
j LINE $M,578 LINE A2 $,6"
LINE A2 $167,892
ESM = Engineering. Survey. Management
NUJ E A2 THE
SOuTHRIDGE COSTS TO BE PAID IN FALL CITY F MERIDIAN LUMP SUM UPON COMPLETION ON AN7 ByO D ACCEPTAN D REIMBURSED FROM
Construction $394.578 By Soutluidge
ESM $31.010 By Southridge
8011111 00w
Corlstruction $226.686
Engineering $24.670
Surveying $3.840
Management $2,500
Reimbursable
Subtotal $257.896
City Admin (5%) -$12,885 (5% of Reimbursable Construction Plus ESM)
REIMBURSE $244,812 AMOUNT TO BE PAID TO SOUTHRIDGE UPON COMPLETION
LINE A2
NET COST
City of Meridian $244,812 57.5% $244.812 South (Line xles 722 5 Admin Payment (Dec ZDO7)
Southrid9e $189,777 42.596 -$$329".,587182 Minus midge Nne ACS) imbursementct/Nov 2W7)
(Dec 2007)
$31,010 Plus ESM
GRAND TOTAL $125,588 100%
N
Department Reports
July 20, 2007
MERIDIAN CITY COUNCIL MEETING July 24, 2007
ITEM NO. 13-D-4
APPLICANT Public Works Department
REQUEST Memorandum of Understanding with Sunrise Rim, LLC to build water
main and a dry line sewer to their development
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Date: Phone:
Contacted: Staff Initials:
'I d•
Emai e .
Materials presented at public meetings shall become properly of the city of Meridian.
COMMENTS
AGENCY
CITY CLERK:
see attached
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Date: Phone:
Contacted: Staff Initials:
'I d•
Emai e .
Materials presented at public meetings shall become properly of the city of Meridian.
City of Meridian
Public Works Dept.
Memo
TO: Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer IM
CC: File
Date: 7/18/07
-RECEIVED
JUL 18 2007
Cit
y Of Merialian
City Clerk Office
Re: Proposed Agenda Item for July 24, 2007 City Council Meeting
The Public Works Department respectfullY requests the following item be placed on the July
24 City Council agenda, under Public Works Reports, for Council's consideration:
Memorandum of Understandin MOU with Sunrise Rim LLC.
With this MOU, Sunrise Rim agrees to build water main and a dry line sewer to their te. The
development per City
eswater eMce agrees tevvelopment and to provide reiue annexation when mbursement for
City agrees to pro
applicable water main.
Recommended Council Actithe. The Public
of Understands g with Sunrise
nt recommends
that City Council approves
Rim, LLC and authorizes the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
this item.
e Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
SUNRISE RIM, LLC
AND
THE CITY OF MERIDIAN, IDAHO
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
day of ,_ _, 2007, by and between SUNRISE RIM, LLC (Developer),and
The City of Meridian, Idaho (City), to establish a mutual understanding of the duties
and responsibilities pertaining to the hookup to Cines sewer and water system outside
city limits at the" Property' (as defined below).
owner, in law and/or in equity, of a certain
WHEREAS, Developer is the sole ,
tract of land in the County of Ada, State of Iddto as rally dProperty)ied indExhibit A and
legally described in Exhibit B, (hereinafter referred
WHEREAS, Idaho Code § 50-323 provides and empowers cities to establish, create,
develop, maintain and operate Sewer/Water systems; and
WHEREAS, City operates and maintains and develops a Sewer/Water system,
and
WHEREAS, City has enacted an ordinance 16; angoverning its Sewer/Water system
codified in Meridian City Code § 9-4-26 and
WHEREAS, Developer is the owner of the Property, which is presently located
outside of the city limits of City; and
WHEREAS, Developer is desirous of obtaining connection
onneototo Sewer/Water
serve the Property, and City is willing to prove
de service to Developer, subject to the terms and conditions and consideration of this
agreement, and it is specifically agreed that a s a specific Ordinance consand IPoI cy/Regulations
willingness to enter into this agreement that CI ty
which govern its Sewer/Water system be included as terms and the Property into City; ons of this
agreement and that Developer consent to annexat
ion NOW, THEREFORE, the parties hereby agree as follows:
1 of 6
N N
Water
DEVELOPER will extend a 12" water main from City's water system
approximately 1070 feet south of Lake Hazel Road approximately 300 feet south along
Eagle Road. DEVELOPER will also construct a water line (size to be determined) from
the intersection of Pennie Lane and Eagle Road approximately 2000 feet to the east to
serve their development.
DEVELOPER's costs associated with the extension of the 12° water main and
any oversizing required by the City to serve other properties will be reimbursed
according to the Meridian City Code. City agrees to pay for the installation of fire
hydrants as required outside of the Developer's property.
Sewer
DEVELOPER will construct a sewer line from the Developer's property to the
intersection of Pennie Lane and Eagle Road.
Plan Review / Inspection
DEVELOPER will submit utility plans for review and approval by City staff. City
will inspect construction of all utilities to ensure that they meet City specifications.
DEVELOPER will pay standard fees for review and inspection of construction including
all overtime which may be reasonably required for this service.
2of6
Annexation
At such time as the Property becomes legally eligible for annexation into the City,
DEVELOPER or by any successor or successors agree to give consent to annexation,
to pay the annexation application fee, apply for annexation, and diligently pursue
annexation into the City.
Agreement to Negotiate to Final Agreement
The parties contemplate that further negotiations will take place regarding the
subject matter of this agreement and that the parties will execute a more detailed final
development agreement and / or reimbursement agreement containing additional
details and provisions.
IN WITNESS WHEREOF, the parties do execute this Memorandum of
Understanding as of the day and year first above written.
DEVELOPER
SUNRISE RIM, LLC
By
Justin Griffin
CITY OF MERIDIAN, IDAHO
By:
Tammy de Weerd, Mayor
Attest:
William Berg, Jr., City Clerk
3 of 6
N M
STATE OF IDAHO, )
ss.
County of Ada, }
On this day of2007, before me, the
undersigned, a Notary Public in and for the State of Idaho, personally appeared Justin
Griffin, known or identified to me to be one of the owners of Sunrise LLC, who
executed this instrument
such corporation on exec ued the sameLimited �ability Corporation and
acknowledged to met p
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
SEAL Notary Public for Idaho
Residing at:
My commission Expires:
STATE OF IDAHO, )
ss.
County of Ada, }
On this day of
2007, before me, the
undersigned, a Notary Public in and for the State of Idaho, personal)y appeared Tammy
de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the
City of Meridian, Idaho and who subscribed their names to the within instrument and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
SEAL Notary Public for Idaho
Residing at:
My commission Expires:
4 of 6
Exhibit A: Site Map
5 of 6
Exhibit B — DEVELOPER Property Legal Description
The land referred to in this commitment is situated in the State of Idaho, County of Ada,
and is described as follows:
Government Lot 3, of the Northeast dquarter of an Ada Countyuldaho. Northwest qarter f Section 4,
Township 2 North, Range 1 East, Boise Mer
EXCEPTING THEREFROM the following described land:
A portion of Government Lot 3, of the Northeast quarter of the Northwest quarter of
Section 4, Township 2 North, Range I East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Northeast corner of said Government Lot 3;
Thence South 89°4259" West, 1,295.60 feet to REAL POINT OF BEGINNING;
Thence South 0°01'00" West, 436.57 feet;
Thence South 44004'58" East, 1,278.9 feet;
Thence South 89054'33" West, 920.00 feet;
Thence North 000100 East, 1,356.57 feet;
Thence North 89042'59" East, 30 feet to the REAL POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM the following described land:
That part of the Northeast quarter of the Northwest quarter (Government Lot 3) of
Section 4, that lies East of the Ten Mile Creek in Township 2 North, Range 1 East,
Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Beginning at a brass cap at the North quarter comer of Section 4, Township 2 North,
Range 1 East, Boise Meridian,
Ada County, Idaho, and the REAL POINT OF BEGINNING;
Thence North 89054' 14" West, 943.00 feet along the section line to a point;
Thence South 33054' 14" East, 1,548.37 feet to a point;
Thence South 28042'SS" East, 82.77 feet to a point on the sixteenth line;
Thence South 89050'46" East, 21.00 feet along the sixteenth line;
Thence North 0046'23" East, 1,356.13 feet along the quarter line to a point, THE
REAL POINT OF BEGINNING.
6 of 6
•
RMR CONSULTING.INC•
40,
2127 S. Alaska Way
Meridian, ID 83642
(208) 880-1695 Office/Cell
(208) 893-5325 FazV n V T
July 24, 2007
�,LVLa v'Pit)
JUL 2 y 2007
City of Meridian. CITY OF MERIDIAN
Mayor and City Council CITY CLERK OFFICE
33 East Idaho Avenue
Meridian, ID 83642
RE: Proposed Black Cat Sewer Trunk
Cooperative construction 7 DepReim Reimburnt sement
moments
Agenda for July 24,
Dear Honorable Mayor and. City Council:
staff this morning that our 3 imperative Construction and
We have been informed by Engineering ends tonight will be
Agreements for the Black Cat `Trunk on the -City Cnun�.
-Reimbursement
removed from the agenda unless we submit signed agreements. We have previously submitted
signed Letters of Intent for all parties and prepared detailed reimbursement agreements that were
staff review on July .17s` -and comments were received on July 190'-
submitted for the Engineering with Mayor and city Council prior to signing final,
The two minor issues that we need to clarify
binding agreements are:
sed � a Performance Bond for 10% of the work as a condition of
1. Our contractor has promi
final acceptance. The Performance Bond will be held by the Cityfor
I- ear of revue b e
the work for a warranty guarantee. As such, the reimbursement o sed b
100% reimbursement initially proposed instead of the 900/6 reimbursement pr P°
Engineering staff.
2. Instead of the 3 -year reimbursement on the 21 -inch line proposed by Engineering staff, we would
propose that reimbursements on all 3 sections of 21 -inch, 27 -inch, andat the er sewer
IIt
will be will made by the City upon completion and
percentages.
thew Agreements at your Council hearing tonight to answer any
We look forward to discussing final agreements commencing work
questions you may have. We anticipate executing letion of these projects.
immediately upon your approval- We look forward to the successful completion
A
Department Reports
July 20, 2007 July 24, 2007
MERIDIAN CITY COUNCIL MEETING ITEM NO. 3-E"1
APPLICANT Legal Department
REQUEST Discussion of Arts Commission Quick Funding Grant for Take part in
ArtSo
COMMENTS
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
See attached
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Date: Phone:
Contacted:
Staff Initials:
Emailed:04
at public meetings
shall become property the City of Meridian.
Materials presented
0 0
Department Reports
July 20.20017
24
MERIDIAN CITY COUNCIL MEETING July , 2007
ITEM NO. 13-F-1
APPLICANT Mayors Office
REQUEST Pine Street School House Request
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
see attached
Contacted:
Date: Phone:
Emailed Staff Initials:
Materials presented at public meetings shall become property of the city of Meridian.
Company
Name:
Meridian School District No.
PROPOSAL
Wayne Hanners Date: April 12, 2007
Address: 2301 Lanark, Meridian, ID 83642
Telephone:
208 895-5801
Job Name: Pine St. School Relocation
We propose hereby to fumish material and labor for.
$
10,615.45
1. General Conditions, overhead and profit
$
3,050.42
2. Architectural and engineering
Disconnect utilities at both buildings and reconnect Pine St. School
$
$
2,807.61
6,063.01
3.
4. Asbestos abate West Wing building
Demo West Wing building, and backfill (structural)
$
$
13,017.96
6,681.63
5.
6. Construct new concrete foundation for Pine St. School
$
Included
7. Oversee Pine St School building relocation
sidewalk and porch (12'x 6' with stairs)
$
$
5,563.96
10,188.39
8. Construct concrete
9. Install handicap ramp and handrails
equipment and outhouse as desired
$
1,192.10
10. Remove and reinstall playground
Pine St. School foundation and backfill
$
$
4,819.66
761.38
11. Demo old
12. Demo fences, sidewalks, landscape at Pine St School
$
486.85
11 Level and grass seed both sites
Total $ 65,248.42
proposal includes all daily and final cleanup, and removal of all debris. Does not include
permits and fees. Does not include any irrigation/sprinkler system.
materiai and labor - complete in accordance with above specifications, for the
We Propose hereby to famish
sum ot:65,248.42
Sixty -Five Thousand, Two Hundred and Forty -Eight and 421100 dollars
All material is guaranteed m be as sped8ed. All work to be completed in a Authorized
worionardike manner according to standard practices. Any ar rdy up or deviation firm Signature
above II bewati
oras Involving Mitre costs will be executed ony � n agreenrients orders, X�
and wilt become an extra change over and nd the our cOrdr011- eowner to carry tfie Note: This proper may be bra" by us if not accepted
contlngerd upon strikes, acciderds or delays boyo Th days.
tCompdeon�on Iother
nsuranxe. "BeentoonnConstruction ComPany also carriour Workers We fully covered es Habbft
insurance•
Acceptance of Proposal _The above pnces, spt;auwon,�
are satisfactory and are hereby accepted. You are authorized to do the Signature
work as specified. Payment will be made as outlined above.
Signature
Bate of Acceptance
P.O. Box 838 9 Meridian, Idaho 83680-0838 - (208) 884-0027 a Fax: (208) 884-4626
ID LIC #13483 -AAA -3 / ID CM #CM119 / NV LIC #049968 / WA LIC #BENITCC984PG / LTI' LIC #4949987-5501-R100 / OR LIC #125097
0
Meridian City Council
February 20, 2007
Page 14 of 31
Item 12: Public Hearing: RZ 06-013 Request for a Rezone of .43 acres from an
R-8 to an O -T zone for Valley Shepherd Church of the Nazarene
property by Paradigm Real Estate Holding — 39 W. Pine Avenue:
De Weerd: Okay. Item 12 also has been
Irbelieveed to this was continue. request will
by the applicant;
openthe Public Hearing on RZ 06-013
is that correct, Anna? Or posting?
Canning: Madam Mayor, it was a posting error.
currently, so --
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
The site is posted for next week
Rountree: I move that we approve Item 12 -- or continue Item 12 until 2/27/07.
Bird: Second.
De Weerd: Okay. I have a motion and a second to continue Item 12 to next week. All
those in favor say aye. All ayes. Motion carnes.
MOTION CARRIED: ALL AYES.
Item 13: Public Hearing: RZ 06-014 Request for a Rezone of 15.58 acres from an
R-4 zone to an O -T zone for Joint School District No. 2 by Joint School
District No. 2 — 911 N. Meridian Road:
De Weerd: Okay. Item 13 is a Public Hearing on RZ 06-014. 1 will open this Public
Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Joint School District No. 2
project. It is around their administrative offices, which are located at the northwest
comer of Meridian and Pine, as you know. The application before you tonight is for a
rezone from the R-4, as shown here, to Old Town and that would be rezoning 15.58
acres. The purpose being to sell a portion of the property for commercial and office
uses where the existing offices are now. I don't have my laser pointer out. Sorry about
that. These are the existing offices along Meridian Road. And, then, this is the old Pine
Street school, which I will discuss in a moment. The Planning and Zoning Commission
recommended approval at their January 18th, 2007, Public Hearing. Shari Stiles spoke
in favor of the application. No one spoke in opposition. Wendell Bigham from the
school district commented. Key issues of discussion by the Commission were the
0 i
Meridian City Council
February 20, 2007
Page 15 of 31
relocation of the old Pine Street school house onto the elementary site. I think what
was proposed at the Planning and Zoning Commission was that there was an older
home on the site that would be removed and they could move this old Pine Street
school onto that property. They
also
st discussed Street So,hhege is 1 st Streee in adress t coming intor the tary
he
school from State Street to West
property that basically provides the
entrance.
State Street State
currently.isOr over
ryeah Sthere ate Street.
the school does not have frontage on
So, the key changes from staffs initial recommendation were to require a development
agreement. The provisions of be that theopment old school housetbuilding shallhere is just be moved and
of them. The first one would
maintained on the Meridian Elementary School parcel prior to development of the parcel
along the northwest comer of Pine and Meridian. And that re -addressing of Meridian
Elementary shall be coordinated with emergency school lets out for the services
summer of 2007,pr
iorto school
with the
address change happening after
resuming in the fall of 2007. So, those are the only two provisions of the development
agreement. Just before the hearing the applicant's representative did inform me that
they would like to not have a development agreement, so there is that as an outstanding
issue before City Council. And we have not received any written testimony since the
staff report. With that I will answer any questions you may have.
De Weerd: Okay. Council, any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Anna, what's your thought on a development agreement?
Canning: Madam Mayor, Members of the Council, Councilmember Bird, given that it is
another public agency, it seems awkward at times to require a development agreement
with them, but I think that the Planning Commission did recognize two issues associated
with the site that did need to be addressed. If there were something else to tie them to,
that would be a possibility, but I don't think that the school district has any definite times
on when they'd like to move the old Pine School house and, then, the readdressing is
just kind of the right thing to do regardless and I think we could probably get to that one
in another fashion, but the applicant did point out that we are currently in a -- have an
agreement regarding the Pine school building and that may just need to be redone and
we could just trust that the readdressing gets done, because its the right thing to do for
everyone involved.
De Weerd: You're mumbling and --
Canning: I'm song, ma'am.
De Weerd: -- Dean doesn't like that.
•
Meridian City Council
February 20, 2007
Page 16 of 31
Bird: I was going to say, you're becoming a very good politician there.
the question. We are supposed to do that, not you. Thank you, Anna.
You're circling
De Weerd: Okay. Mr. Nary, do you have anything you would like add on that point?
Nary: Madam Mayor, Members of the Council, that was discussed at the Planning and
Zoning Commission. Mr. Bigham was there. He didn't have an objection with it. I
agree with Mrs. Canning that sometimes with public agencies it ends up being awkward
and we end up re -titling it or something else that suits their purposes, but if you're
comfortable that we can get those
things
t gets accomplished in certainly
some reasonablewithin
fashion,
prerogative. if you want to make sure
fashion, a DA is really your only method to do that, so --
De Weerd: Okay. Thank you. Would the applicant like to comment?
Stiles: Shari Stiles, Engineering Solutions, 1029 North Rosario in Meridian.
De Weerd: Oh, you have moved.
Bird: Beautiful office, too.
De Weerd: Finally opened.
Stiles: Open for business.
De Weerd: When is the ribbon cutting?
Stiles: Spring. So we can have our barbecue out and get the bar set up and
everything.
De Weerd: Okay. Welcome to Meridian.
Stiles: Thank you.
De Weerd: Or welcome back to Meridian.
Stiles: Thank you. I do have a copy of the agreement. Unfortunately, I didn't get
copies made, but that agreement was entered into in May of '94 between Grant
Kingsford and Dan Mabb and the reason we would like to dispose of the development
agreement requirement is this is pretty specific. It does have a clause at the end that
either of the parties to this agreement may terminate it by first giving the other party 60
days prior written notice of intent to terminate the agreement. This is the only fashion in
which this agreement may be terminated. And it sets out that -- what the school will do
and what the city will do. I don't know if any of you recall that agreement, but it probably
needs to be either terminated and rewritten or -- we would hate to encumber the plat
with a development agreement, because that shows up in all the title reports. The city
0 i
Meridian City Council
February 20, 2007
Page 17 of 31
and the school district may decide that's not the place that they want it in the future, it's
not all that visible there, and, you know, you may have more of a historic area that you
want to relocate with museums or something t areof t --thathe Mayo
ke c'ke tBut, yeah, it is ror her designee
n encumbrance
on the property. I thought that we could
would amend that agreement and work together to come to an acceptable agreement. I
don't know if you need to come back before Council or -- but we would like to do that. I
think we have a good working ddaessnfiguredhip tout.e school We willdget Tricia fcourse, we have
Sh'ndel n Public
no problem getting that n
Works Department and get a new address for that, so they are prepared, so they can
print new checks and letterhead and all that. I think those were, really, the two issues
that we would really not -- we would really appreciate not having to have a development
agreement. Of course, the other reason being that by the time that property is sold and
someone wants to get a building permit, its all going to be done, you know, and it's --
that's my reasoning for requesting that we not be required to have the development
agreement.
De Weerd: Okay.
Stiles: That's it. If you have any questions.
De Weerd: Council, any questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Shari, I guess the addressing issue I don't have a whole lot of heartburn with.
The agreement that you referenced, really, isn't an agreement or a contract at all. So,
my only concern is as we sit here now there is no assurance as to what's going to take
place with that school house. I don't know what type of authority you have to bind the
district, so to speak, but at this time about what he's willing to agree to and if there is
something that needs to be written redo of whatup between hyoulty and the have referenced. district,
ncednot necessarily
Do you have
a development agreement, but
anything you can comment or offer on that or --
Stiles: Well, it is very specific as to what will be done. You're saying that this is not an
agreement.
Borton: Well, if you can terminate it --
Stiles: For no reason --
Borton: I mean we agree to it, unless we don't agree to it, and, then, we don't agree to
it.
De Weerd: Leave that to an attorney to point that out.
0
Meridian City Council
February 20, 2007
Page 18 of 31
•
Stiles: Mayor de Weerd, Councilman Borton, Councilmen, I guess I would hope that the
city felt comfortable enough that they would get this resolved without unnecessarily
encumbering their property that's no longer going to have this -- I mean its got to go
somewhere.
Borton: Right.
Stiles: And they were -- you know, if the city owns the school and its on their property,
but to forever say that they are -- that that lot is encumbered by instrument number
whatever, recorded in Ada County, and they go and look at it and say what are you
talking about, it's a school. I mean if this is something that you would like to wait a week
a put it out a week, so Wendell can be here and make a definite -- I don't know what
sure they want to get it taken care of as soon as
the Mayor's schedule is like. I'm
possible.
Borton: I don't necessarily have -a{ dour have
any
blem I feewith
l comfortablejust
w'thnthat
ous
what your response was and wh y pos tionwas
situation.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: And, Ms. Stiles, I guess my question would be -- I agree that between public
agencies, you know, a hand shake and a smile probably should be good enough. I'm
assuming -- maybe I'm reading more into this -- for one thing, this agreement,
apparently, is 12 years old and nothing has happened. There is no deadline or timeline
on it, I guess. But, then, the other thing that I'm assuming is that the school district
plans to separate this parcel off and sell it separately. Is that -- is that what's
happening?
Stiles: Councilman Zaremba, Mayor de Weerd, Council, they are doing a property line
adjustment. I don't know if you had a copy of it in your -- in your packet, but it -- do you
happen to have that, Anna?
Zaremba: Yeah, I do have that. It does say that they would like to offer the property for
sale. So, I guess my comment would be we would not be encumbering the school
district, we would be encumbering this new piece of property and I personally don't have
a problem with that.
Stiles: I don't believe they would be able to sell it with a building that is not owned by
them.
Zaremba: So, you're saying they have to move the building anyhow in order to --
Meridian City Council
February 20, 2007
Page 19 of 31
Stiles: Yeah. I mean there is no choice.
Zaremba: Yeah. I can see that point also.
De Weerd: And, Council, I guess if it remains a question, we could have myself and
maybe Mr. Nary get together with the school district and try and bring something back to
you next week, if that -- if that puts this particular item to rest, we could come back with
more details and -- on what could possibly happen. But I would look for your direction
on that. Certainly, this could be continued to answer some of those questions.
Rountree: Madam Mayor, I guess my take on this -- it's a matter of timing. Shari
indicated in something in her testimony that its going to happen. I don't know what that
means in terms of timing, if it's going to happen in the next six months, I'm sure a
development agreement isn't necessary, but if it happens, like all good things happen
between two governmental entities, and it's five years from now, who is going to be here
to remember who agreed to do what? And that's my concern, so --
Nary: Me and Will. Me and Will will be here.
Rountree: Will and Bill.
Bird: Will and Bill. You might be close to being senior by then.
Rountree: So, I don't have a bit of a problem if we can work out an agreement with the
school district, so we have records of what the agreements were, but I know
Councilman Bird and I have some stories about agreements past that have not proved
out too well. So, whether it's a development agreement or refreshment of the language
that was done 12 years ago and turning it into an agreement about this property. I'm
fine with that, so if you want to wait another week or two, that's great.
De Weerd: I do like your terminology of refreshment.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I would agree with Councilman Rountree, because we have been bit a few times.
I'm sure people say we bit them. I could wait a week. Let's get this thing worked out. I
think you offered up a great suggestion. You and Bill get together with whoever they
want, their attorney and something, let's get one drawn up that's pretty in the sand. I
just want to make sure that it happens and gets done. I don't want to be five years from
now, you know.
Canning: Madam Mayor?
De Weerd: Yes, Anna.
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Meridian City Council
February 20, 2007
Page 20 of 31
Canning: Madam Mayor, Members of the Council, if Mr. Nary might comment for us. Is
it okay that the Mayor be part of that discussion, since this is an open application?
Nary: Madam Mayor, Members of the Council, I think if all we are talking about is just
this particular piece of it, I'm not too concerned that the Mayor sit in on that discussion
with the superintendent. I think we will be okay. The only suggestion, Council -- I mean
one week is probably adequate, other than this is a short week and I don't think The
Mayor may have time the rest of this week and I don't know about the superintendent.
So, it might be two weeks would probably be wiser just to make sure we can have the
opportunity to meet and discuss it.
De Weerd: Okay. Does that work for you?
Stiles: Mayor De Weerd, Council, they are anxious to get it rezoned, so I mean they
have got signs up saying that it is already zoned OT, but -- and I'm sure that they would
like to get this done sooner, rather than later,
but I don't know if it would help if we came
back with some proposed language for an agreement or -- I mean I guess I'm asking
you do you think that's the best place for it and do you think it will always be there?
Because a development agreement would require that it -- you know, that goes forever,
unless you amended or terminated or --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't -- you know, they are going to set it around where they got the portables
now, is that what I understand?
Stiles: I believe so. Yes.
Bird: It depends on what's built in there. You just brought up a very good point to me.
Is that going to be the best location for that. I don't know, to be truthful with you.
Depends on what they build and whoever would buy it and what they built in there. If
they built something that blocked it off, you know, an office building -- an office building
wouldn't, because we kind of like it out where people can come to it. You brought up a
subject I didn't think about of the location.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Perhaps maybe you or Mr. Nary can clarify the issue for me, but its amatter f
the school house is owned by the city; correct? On the district property. ownedby
the district and maintain by the city, but --
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Meridian City Council
February 20, 2007
Page 21 of 31
Bird: I got news today. I thought it waembe e oby the
be t th district
h youmaintained by the
city. That would be part of it. I can't rem ,
De Weerd: Mr. Berg?
Berg: Thank you, Madam Mayor, Members of the Council. It was a centennial project
jointly done with funds that was raised for that particular project. Terry Smith could
probably give you a longer history than I would, but I believe that it initially is owned by
the school district and we had an agreement to help maintain that and keep it so that it
was available for the public to use for special events or elementary schools to tour it or
historical society to have special meetings or something of that nature. You have the
other part of it, the history people part, that I'm sure would want to play some roll in to
what they could utilize it for, especially if it's located in a unique spot. I wish I could call
some of the other people, the guy that signed the agreement, I'm sure I could ask him a
couple of questions. But I don't believe that -- you know, that it was kind of a
community, everybody took part of it, but I think the school district really owned it,
because it was sitting on their property. We did a lot of work to get it up to where it was.
Bird: That's what I thought, too, Tammy, and I was on the committee. I felt that that
was -- it was school district property -- on their property and we raised the money.
There wasn't any city funds that went into it, it was strictly raised by our committee, as I
understand -- as I remember, so -- but I think we can weed out some kind of agreement.
I'm like Mr. Rountree, let's go back and get the thing and come back and I don't think we
need a development agreement.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Not to muddy the waters, but, of course, I'm the one that always goes
sideways with suggestions. Considering the apparent purpose for the refurbishment of
the building and the possible future uses, if you're going to go to the effort to lift a
building and put all the wheels under it and get it ready to move, the difference in cost in
how far you move it I don't think is all that great and I wonder whether it might make
more sense to move the building to a city park where people would be more aware of it
and that it could be available for others uses, even if it became a museum.
De Weerd: Well, I do believe that we have looked at that and of consideration in
Meridian Settlers Park that the parks department did come back with. So, that has been
an item of discussion. It seems that we probably should just see if we can get together
by next Tuesday and -- I don't know what my calendar looks like, but I don't have to be
at the meeting, if we just gond awth9 � both , too. So, lets see sides committed t what getting together Neen
and
noand next Tuesday a i
discussing this. Okay?
Bird: I'm for that.
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Meridian City Council
February 20, 2007
Page 22 of 31
De Weerd: Okay. Does that seem reasonable, Shari?
Stiles: Yes, it does.
De Weerd: Okay.
Stiles: Mayor de Weerd, Council, I just briefly would like to go through what the school
is paying for or what this agreement said, since, I'm song, you don't have copies of it.
The school pays for fire and casualty insurance, electrical power, and maintenance,
water, winterization of water and sprinkler lines, janitorial service of minor maintenance,
vacuuming, dusting, snow shoveling, et cetera. Scheduling of use as a Pine Street
school, which includes key, checkout, opening for guests. Pine Street school groups,
collecting deposits, if necessary, etcetera. The city's responsibilities were lawn care
and upkeep, including mowing, edging, fertilizing, sprinkler repair, et cetera.
Maintenance and upkeep, including care for the schoolhouse, outhouse -- is there an
outhouse?
De Weerd: I think it's the outer building.
Stiles: Playground equipment, signs, steps, and ramp, repair of wear and tear,
vandalism damage, window breakage, furniture repair, painting repairs, etcetera.
Intermountain gas costs, liability insurance, janitorial services, exterior window cleaning,
step and ramp cleaning, receiving calls for repairs or reports of damages, et cetera,
which shall be relayed onto the school and shall be monitored by the school. So, there
may be liability issues that, you know, they go on that you might want to look at and I
will get this copy to Will, but I did get it on your website, which is fantastic. I don't think a
week will make or break it, so -- I know they do have people interested in it, you know,
that's a pretty high visibility comer and I don't know what's going to be left after ACHD
gets ahold of it, but that's all I had.
De Weerd: Okay. Council, if there is nothing further for Shari --
Bird: No, I have none.
De Weerd: Okay. Thank you.
Stiles: Thank you.
De Weerd: Okay. This is a Public Hearing.
testimony on this application? Okay. Council,
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Is there anyone who would like to provide
it looks like a continuance is in order.
Meridian city council
February 20, 2007
Page 23 of 31
Rountree: I move that we continue Item 13 until 2/27/07.
Bird: Second.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba. You know, it is a motion that doesn't have discussion,
so I will first ask for action on the motion and, then, ask for your comments.
Bird: We have a second on it.
De Weerd: We did have a second, Mr. Rountree. The motion is to continue Item 13 to
next week on the 27th. All those in favor say aye. Any opposed?
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Mr. Zaremba.
to
Zaremba: It, actually, was not discussionon e Mal be notl assume
My questionnwasetlan
be made before the motion was completed. Y
somebody enlighten me on the pathway to find this document?
De Weerd: Yes. You go under the clerk's office and, then, you would have to go into
the documents. I'd have to go in and do it myself. So, Mr. Berg will sit over there and
walk you through the process.
Zaremba: I will talk offline with the clerk and get that information. Thank you.
Item 14: Public Hearing: AZ 06-047 Request for Annexation and Zoning of 5.3
acres from RUT to L -O zone for Waverly Place Subdivision by Vacation
Village Villas, LLC — 2510 E. Magic View Court:
Item 15: Public Hearing: PP 06-049 Request for Preliminary Plat approval of 6
multi -family residential building lots consisting of 24 multi -family units, 1
clubhouse building lot and 3 common / other lots on 5.3 acres in a
proposed L -O zone for Waverly Place Subdivision by Vacation Village
Villas, LLC — 2510 E. Magic View Court:
Item 16: Public Hearing: CUP 06-030 Request for a Conditional Use Permit
approval for a multi -family development in a L -O zone for Waverly Place
Subdivision by Vacation Village Villas, LLC — 2510 E. Magic View Court:
De Weerd: Okay. Okay. Council, Items 14 and 15 and 16 are public hearings on AZ
06-047, PP 06-059 and CUP 06-030. 1 will open these three public hearings with staff
comments.
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Meridian City Council
February 27, 2007
Page 28 of 100
Borton: Second.
De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item
13. All those in favor say aye. All ayes. Motion carnes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay. Any discussion?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would like to propose a motion. After considering all staff, applicant, and
public testimony, I move to approve file number RZ 06-013 as presented in the staff
report for the hearing date, actually, of September 20, 2007, which was continued to
today, with the following modifications: I would add to the development agreement, a
statement to the effect that shouldbuilding
to West Pine Avenue andethereiafter,g
built on the site, that they would abandon access
take access off West 1 st Street. End of motion.
De Weerd: Okay. Do I have a second?
Borton: Second.
De Weerd: Okay. Discussion? Would you like to repeat the motion? I'm kidding.
Zaremba: Would you like me to repeat it?
De Weerd: No. If there is no discussion, Mr. Berg, will you call roll.
Roll -Call: Bird, yea; Rountree; absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 14: Continued Public Hearing from February 20, 2007: RZ 06-014
Request for a Rezone of 15.58 acres from an R-4 zone to an O -T zone for
Joint School District No. 2 by Joint School District No. 2 — 911 N.
Meridian Road:
De Weerd: Okay. Item 14 is continued Public Hearing from February 20th on RZ 06-
014. 1 will go ahead and start with Mr. Nary. Di fryou want to om the applicant. de comment? We
did continue this specifically to get some
Nary: Yes, Madam Mayor, Members of the Council. What the purpose of continuing
this from last week -- and I do believe the applicant and a representative from the
• 0
Meridian City Council
February 27, 2007
Page 29 of 100
school district are represent -- was two things. There were two conditions that were
placed on this project by the Planning and Zoning Commission that they were
recommended being placed in a development agreement and the discussion by the
Council last week of whether that was necessary. The applicant had requested that a
development agreement not be required on this project. I did meet with counsel for the
school district last Friday, he did have contact with the school superintendent. One of
the conditions that was placed was readdressing of the property. The school district is
not in opposition to that requirement. We don't need a development agreement to do
that. We -- I wouldn't say routinely, but certainly we have t do i and notify d occasions r the city to
readdress properties for various reasons and we simply j
operty
owner that their property has been readdressed for safety reasons, normally. So, that
could be done without a development agreement. The second was moving of the Pine
Street school and the Planning and Zoning Commission was just concerned that that
move of the Pine Street school from its present location close to the corner there of Pine
and Meridian Road be done prior to the -- prior to the sale and as part of this -- of this
application. And so they asked that that be put in a development agreement. In
speaking with their counsel and him speaking with the district superintendent and Mr.
Bigham is here as well, if you want to have -- hear from him directly. The plans to move
the Pine Street school are in place. I mean it is going to occur. They have already
negotiated with a construction company to move the school to the site on the Meridian
Elementary property. They have some donated and reduced cost that's already been
negotiated. So, that plan is already in effect and, essentially, the school district can't
proceed with their plans for this district office and selling it until they have done that
anyway. So, it seems unnecessary. I think Mrs. Canning had spoke last week about
sometimes doing these types of agreements with other governmental entities,
sometimes they are a little awkward to do, and that was the reason we set this over
and, in my opinion, we don't need to have a development agreement. It appears that
the process is in place. It's already occurring. It would likely occur before we even
record this development agreement anyway. So, it isn't necessary. I feel comfortable
from the city's perspective that those two considerations that were of concern to the
Commission are going to get accomplished, but, again, Mr. Bigham is here if you wish
to have anymore direct testimony from the school district, he's certainly able to provide
that.
De Weerd: Okay. Thank you, Mr. Nary. Council, do you need further information on
that item?
Bird: I don't.
De Weerd: Mr. Bigham, do you want to comment? Anna? Okay. Well, this is a
continued Public Hearing. wou would did
like
d it over for testimony oecific n this application? Okay.
particular
item. Is there anyone that provide
Seeing no public testimony, Council?
Bird: Madam Mayor?
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Meridian City Council
February 27, 2007
Page 30 of 100
De Weerd: Mr. Bird.
Bird: I move we close the Public Hearing on RZ 06-014.
Zaremba: I'm just not fast enough, but I'll second it.
De Weerd: Okay. Well, I have a motion to close the Public Hearing on 14. All those in
favor say aye. All ayes. Motion carnes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve RZ 06-014, without a development agreement.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to approve Item 14 as stated. Is there
any discussion? Mr. Berg, please, call roll.
Roll -Call: Bird, yea; Rountree; absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 15: Public Hearing: AZ 06-046 Request for Annexation and Zoning of 21.7
acres from RUT to an R-4 zone for Harcourt Subdivision by Great Sky,
Inc. — 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive:
Item 16: Public Hearing: PP 06-048 Request for Preliminary Plat approval of 61
single-family residential lots and 6 common lots on 21.7 acres in a
proposed R-4 zone for Harcourt Subdivision by Great Sky, Inc. — 3465
& 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive:
De Weerd: Okay. Items 15 and 16 are public hearings on AZ 06-046 and PP 06-048. 1
will open these two public hearings with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Harcourt project. It's
located on the south side of Victory Road, approximately a sixth of a mile east of Eagle.
The applications are for annexation and zoning and preliminary plat. The annexation
and zoning would be of 23.05 acres and they are requesting R-4 zoning. And, then, the
preliminary plat approval they are requesting is for 60 single family residential lots. The
lots range in size from 9,000 square feet to 22,250 square feet. The subdivision will
provide 1.42 acres or 6.4 percent open space, including eight foot parkway throughout
the entire project. And you see that those show up as the predominant form of open
0 i
Meridian City Councii
March 27, 2007
Page 62 of 66
Rountree: On item 13, Will, did —have we seen anything on the resolve of the P
ine
Street school?
Berg: On 15?
De Weerd: On Item 13?
Bird: On 15. Fifteen, Charlie.
Rountree: Fifteen. Yeah. Excuse me. If I said 13, 1 misspoke. Bill or —
Nary: Madam Mayor?
De Weerd: Yes.
Nary: Madam Mayor, Members of the Council, if you recall — and Maybe Councilman
Rountree — maybe it was the meeting you weren't here. We did have — we did have
testimony from the school district that they have already made the arrangements for the
move of the Pine Street School. They have got donated — one of the moving
companies has already donated the time and one of the local contractors has donated
some of the material and the time to build a foundation to move the school onto the
Meridian Elementary School property immediately adjacent to the school. So, they
already have that in the works and the plan and they have had previous discussions
about moving it to Settler's or moving it to other places and those never panned out.
So, they already have made those — those agreements and they are already in the plan
of getting that done probably sooner, rather than later.
Rountree: And did we get squared away in more detail the arrangement that we have
with the school district as far as joint custody or maintenance or activities as it relates to
the Pine Street School? I discussed that with Mr. Freeman, their attorney that we
probably need to get that a little better clarified, since we have this ancient agreement
that doesn't really spell out exactly what the maintenance obligations are. Ws going to
be on their property, but he agreed that — and I think Dr. Clark would agree that we
probably need to work that out. At this point we don't have any final agreement, but I
anticipate we would be bringing that back in front of you at some point in the future.
Rountree: Thank you.
De Weerd: Okay. Thank you. Mr. Berg, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
March 27, 2007
Page 63 of 66
Item 20: Ordinance No. 07-1301 New Fireworks Ordinance — 3rd
Reading:
De Weerd: Thank you. Okay. Item 20 is Ordinance No. 07-1301. Mr. Berg.
Zaremba: Madam Mayor?
De Weerd: Yes.
Zaremba: Before we proceed, this morning I discovered an e-mail from State Senator
Kate Kelly mentioning that she was aware of our move to enact this fireworks ordinance
and supporting our efforts and Meridian's leadership on this issue. I would like to give
this e-mail — or a copy of the e-mail to the clerk and have it be in the record. Is that
appropriate?
Bird: Sure.
De Weerd: Sure.
Zaremba: Okay. Done.
De Weerd: Yeah. it is in the record.
Zaremba: Well, there was an answer — I answered her and, then, she answered me
back and I don't think you got her answer back.
De Weerd: You're right. I just forwarded the e-mail that you sent to all of us.
Zaremba: Yeah. But she answered that, so I was putting that in the record. She said
she was aware of what I pointed out and that's exactly what they were trying to solve
and, again, appreciated our efforts.
De Weerd: Very good. Okay. Mr. Berg, well you, please, read this ordinance by title
only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1301, an
ordinance of the City of Meridian repealing Chapter 4 of Title 5 of the Meridian City
Code relating to fireworks, providing for a new Chapter 4, Title 5, to be known as the
Meridian Fireworks ordinance, providing for a short title, definition, sales, storage,
possession, and/or discharge of fireworks, inspection by the fire chief, permits for retail
sales of non -aerial common fireworks, retail sales of non -aerial common fireworks,
storage of non -aerial common fireworks, general provisions, liability of parents or
guardians, violation and penalties, permits for public fireworks displays and public
fireworks displays.
Meridian City Council
March 27, 2007
Page 64 of 66
De Weerd: Okay. Well, you have now heard this for the third time. Is there anyone
who would like to hear it read in its entirety?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I don't hear anybody jumping up, so I move we approve Ordinance No. 07-1301.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second to approve Ordinance No. 07-1301. Is
there any discussion?
Rountree: Madam Mayor, I would just like to point out this is the third reading, the third
opportunity for folks to have their say or request changes. There have been none that
I'm aware of, so let's move on.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Just for clarification, we did have a couple of changes that the Council made
recommendations after the first reading, those were done, they have been posted on
the website for the last two weeks and final draft of the ordinance. There hasn't been
any other request that I'm aware of, either by e-mail or phone call to either my office or
to the fire department or to the Mayor and Council, requesting any additional changes or
reviews than what has already been previously discussed, so this is the third reading,
so its property before you for approval.
Bird: Thank you.
De Weerd: Thank you. Mr. Berg, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Thank you. I did e-mail Chief Anderson and would ask that whatever
changes we make could be summarized, along with any comments that had substance
to it, so we can get it out to the Treasure Valley Partnership. Okay. Thank you so
much.
Meridian City Council
March 27, 2007
Page 65 of 66
Item 21: Executive Session per Idaho State Code 67-2345(1 Xf) — (to consider
and advise its legal representatives in pending litigation):
De Weerd: Okay. Our next item is 21, Executive Session per Idaho State Code 67-
2345 (1)(f). Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move we go into Executive Session per Code 67-2345(1)(f).
Bird: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Berg,
will you, please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
EXECUTIVE SESSION:
Rountree: I move we come out of Executive Session.
Bird: Second.
De Weerd: All those in favor.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Okay, do I have a motion to adjourn?
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor.
MOTION CARRIED: THREE AYES. ONE ABSENT.
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Meridian City Council
March 27, 2007
Page 66 of 66
MEETING ADJOURNED AT 11:24 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
MAYOR TAMMY de WEERD
DATE APPROVED
ATTESTED:
WILLIAM G. BERG JR., CITY CLERK
• • • •
Department Reports
July 20, 2007
24
MERIDIAN CITY COUNCIL MEETING
July , 2007 �1
arfment ITEM NO. `1
APPLICANT Legal Dep
REQUEST Discussion of Draft Ordinance for Garage Sales
COMMENTS
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See attached
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT: �T,
CITY PARKS DEPT: l
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become properly of the coy of Meridian.
•(
•(.
cf
CITY OF MERIDIAN ORDINANCE NO. O 7 --2- Z l
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN, AMENDING CHAPTER 4 OF
TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO LICENSES FOR
VENDORS, PEDDLERS, AND SOLICITORS; AND ADDING A NEW SECTION
TO CHAPTER 2 OF TITLE 4 OF THE MERIDIAN CITY CODE, RELATING TO
GARAGE SALES.
WHEREAS, the applicability of Title 3, Chapter 4, Meridian City Code is determined in
part by the fact whether a vendor, peddler, or solicitor is traveling by foot, motor vehicle,
bicycle or any other type of conveyance;
WHEREAS, as written, Title 3, Chapter 4, section 4, Meridian City Code regulates
persons holding garage sales, yard sales, or similar sales at residences or places of
business; therefore, does not relate to persons traveling either by foot, motor vehicle,
bicycle or any other type of conveyance; and therefore, does not fit in Title 3, Chapter 4,
Meridian City Code;
WHEREAS, the City Council of the City of Meridian nonetheless finds it in the best
interest of the public to regulate the time, place, and manner of garage sales, yard sales,
or similar sales; and
WHEREAS, the City Council finds that while garage sales, yard sales, or similar sales
can be beneficial for fund-raising, community interaction, and reduction of solid waste,
where the quantity or duration of such sales at one location is excessive, such sales can
become a nuisance due to visual and physical clutter, increased vehicular and pedestrian
traffic, elevated noise levels, parking congestion, the sale of stolen goods, and/or
detraction from the tranquility and privacy of neighborhoods;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Title 3, Chapter 4, of the Meridian City Code is amended to
read as follows:
3-44: LICENSE REQUIRED; EXCEPTIONS:
A. License Required: It shall be unlawful to act as a vendor, peddler, or solicitor, or to
employ another in such business within the meaning and application of this Chapter,
without first securing a license to do so from the City Clerk.
GARAGE SALE ORDINANCE Page 1 of 4
•'
B. Exceptions:
1. A person invited to the premises or place by the occupant or owner of the premises
or place.
2. Any sales under a court order.
3. The sale of a newspaper subscription in which the seller is a person engaged in
both the delivery and sale of the newspaper.
4. The occasional sale of admission by local school students to a function of their
school or in support of a school program or fund raising sales by local service clubs
or groups such as Optimists, Elks, Kiwanis, Rotary, Lions, Boy or Girl Scouts.
65. Any political group or candidate seeking funds, membership or support.
-76. A bona fide auction sale.
SECTION 2: That a new section of Chapter 2, Title 4 shall be enacted to read as
follows:
4-2-9• GARAGE, YARD, AND SIMILAR SALES:
A. Definition For purposes of this section the term GARAGE SALE shall be
defined as follows The sale offer for sale offer for trade offer free of charge, or
display for the purpose of selling trading or offering of one (1) or more items of
used or unwanted tangible personal property, including but not limited to:
clothing household effects tools toys recreation equipment or other used or
second-hand items customarily found in or about the home, where such sale,
trade offer or anv portion thereof occurs at a residence or residential property.
This definition shall include yard sales basement sales attic sales moving sales,
tag sales rummage sales and other such sales known by terms which are
synonymous with the term GARAGE SALE. This definition shall not include
and this section shall not Mly to sales specifically authorized by and conducted
in conformity with statute or judicial order or conducted under judicial
supervision including but not limited to, estate sales.
B. Time of garage sales It shall be unlawful for any person to conduct a garage sale
at any one (D address.
GARAGE SALE ORDINANCE Page 2 of 4
i dff
not exeeeding dwee (3) -separete sale
---,—A-- year-, not to exceed
65. Any political group or candidate seeking funds, membership or support.
-76. A bona fide auction sale.
SECTION 2: That a new section of Chapter 2, Title 4 shall be enacted to read as
follows:
4-2-9• GARAGE, YARD, AND SIMILAR SALES:
A. Definition For purposes of this section the term GARAGE SALE shall be
defined as follows The sale offer for sale offer for trade offer free of charge, or
display for the purpose of selling trading or offering of one (1) or more items of
used or unwanted tangible personal property, including but not limited to:
clothing household effects tools toys recreation equipment or other used or
second-hand items customarily found in or about the home, where such sale,
trade offer or anv portion thereof occurs at a residence or residential property.
This definition shall include yard sales basement sales attic sales moving sales,
tag sales rummage sales and other such sales known by terms which are
synonymous with the term GARAGE SALE. This definition shall not include
and this section shall not Mly to sales specifically authorized by and conducted
in conformity with statute or judicial order or conducted under judicial
supervision including but not limited to, estate sales.
B. Time of garage sales It shall be unlawful for any person to conduct a garage sale
at any one (D address.
GARAGE SALE ORDINANCE Page 2 of 4
0
1. At which four (4) or more garage sales have been conducted by any person
within the preceding three hundred sixty-five (365) days.
2. At which a garage sale has been conducted by any person within the previous
thirty (30) dates.
3. For longer than three (3) consecutive dans.
4. Between the hours of 10:00 p.m. and 6:00 a.m.
C. Manner of garage_sales.
1. Persons conducting garage sales shall comply with all provisions of this
chapter and any and all applicable provisions of law.
2. It shall be unlawful for any person to hold a garage sale on or at any vacant or
unoccupied property and/or building except where facts exist to support the
affirmative defense that such person:
a. Is the owner of record of such property and/or building; or
b. Prior to such garage sale has obtained written permission of the owner of
such property and/or building for the garage sale which permission shall
include:
fD the scope of such permission including specific reference to the
dates) address and location of the garage sale; and
JQ the owner's notarized and dated signature.
Any person claiming exemption under subsections (a) or (b) of this section
shall bear the burden of proving that such exception applies.
3. Garage sales held by or for the benefit of charitable or non-profit
organizations shall not be exempt from the provisions of this chapter.
4. It shall be unlawful for annv person to conduct a garage sale in any manner
which creates a hazard to public health or safety.
SECTION 3. That all ordinances, resolutions, orders, or parts thereof or in
conflict with this ordinance are hereby voided.
SECTION 4. That pursuant to the affirmative vote of one-half (1/2) plus one (1)
of the Members of the full Council, the rule requiring two (2) separate readings by title
GARAGE SALE ORDINANCE Page 3 of 4
r�
L
and one (1) reading in fall be, and the same is hereby, dispensed with, and accordingly,
this Ordinance shall be in full force and effect upon its passage, approval and publication.
PASSED by the City Council of the City of Meridian, Idaho, this 2- 4- lt!�-
day of JGtlq 92007.
d
APPROVED by the Mayor of the City of Meridian, Idaho, this 2-4- ay
of \T -14!J , 2007.
APPROVED:
MAYOR
d
cg -
ATTEST: sATTEST:
A BEIM
CITY CLERK
GARAGE SALE ORDINANCE Page 4 of 4
9(
r]
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 07- l 3 _?-q
AMENDING CHAPTER 4 OF TITLE 3 OF THE MERIDIAN CITY CODE,
RELATING TO LICENSES FOR VENDORS, PEDDLERS, AND SOLICITORS;
AND ADDING A NEW SECTION TO CHAPTER 2 OF TITLE 4 OF THE
MERIDIAN CITY CODE, RELATING TO GARAGE SALES.
An Ordinance of the City of Meridian amending Chapter 4 of Title 3 of the Meridian City
Code, relating to Licenses for Vendors, Peddlers, and Solicitors, and adding a new
section to Chapter 2 of Title 4 of the Meridian City Code, relating to Garage Sales. A full
text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Idaho Street, Meridian, Idaho. This Ordinance shall become effective upon passW,and, rt;,,,j`
publication.
y,
ayor and City Council th City_of eridian
By: William G. Berg, Jr., City Clem m
First Reading: �7— D 7 Adopted after first reading by suspAj is, •
Rule as allowed pursuant to Idaho Code § 50-902: YES )< NO
Second Reading: Third Reading: °���1rrrn 1111%00
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 07- 3 Z GI
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the le al advisor of the City and has reviewed a copy of
the attached Ordinance No. 07- of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code § 50-901A(3).
DATED this 94e*—day of '2007.
William. L.M. Nary, City Attorney
SUMMARY FOR GARAGE SALES ORDINANCE PAGE 1 OF 1
0
MERIDIAN CITY COUNCIL MEETING
July 24, 2007
•
APPLICANT Legal Department ITEM NO.
REQUEST Discussion of Draft Ordinances for Mayor and City Council
Compensation Amendment
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
COMMENTS
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
July 20, 2007
MERIDIAN CITY COUNCIL MEETING
July 24, 2007
APPLICANT ITEM NO.
REQUEST Executive Session per Idaho State Code 67-2345(1) (b)
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date: Phone:
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579/fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533 / fax 888-6844
Police
1401 E. Watertower Lane
888-6678 / fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500 / fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191 / fax 884-0744
- Water
2355 N.W. 8th Street
888-5242 / fax 884-1159
•
RECEIVED
JUL 2 4 2007
ctyty+coflerk 9�� Meridian
Ci
DELIQUENCY FOR TURN OFF
Schedule for July 25, 2007
Cycle 1
MAYOR: This letter attests to the fact that no water users have requested
a pre -termination hearing for July 24, 2007. Users having delinquent utility
bills will be shut off on July 25, 2007.
The total amount past due is $ 8,912.37.
The number of past due customers is 114.
Jaycee Holman
Billing Manager
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK - FAX 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887- 13 MAYOR'S OFFICE - FAx 884-8116
CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1
Jul 24, 2007 04:46pm
Standard Payment Customers
Current Period: 08/05/2007 - Transactions Included Through: 08/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Report Criteria:
Terminated customers not included
Customer.Cust No () _ {<)7700000001
Customer.Bill Cycle =1
Customer.disconnected = No
Customer.shut off list = No
Ref
No Cust No Name / Service Address Past Due Balance
1 23.02.2400.01 AGUIRRE, MARY LOUISE 56.74 79.82
238 WASHINGTON AVE W
2 30.74.2542.02 ALLEN, JIM 105.88 253.29
1187 KIMRA ST W
3 23.01.1164.04 ALLGIER, JERI 87.85 166.75
48 IDAHO AVE W
NO ARRANGEMENTS ALLOWED FOR
ALLGIER (RENTER) UNTIL 12/8/07 DUE
TO BROKEN
ARRANGEMENTS.–DB=12/8/06
4 35.35.0113.03 ALSIP, MARTIN & VALERIE 58.18 118.63
2727 BURGDORF WAY S
5 22.51.4230.01 AMYX, ELIZABETH 57.72 89.17
349 BOWER ST E
6 23.02.3872.04 BALES, SUMMER 80.37 128.10
1213 MERIDIAN ST
7 30.74.2716.01 BAUGH, JAMES 60.82 115.05
1022 CRESTWOOD DR
8 22.50.1022.01 BEACH, ROXANNE 152.18 262.32
303 GRUBER AVE E
NO ARRANGEMENTS
ALLOWED—CUSTOMER IS
CONSTANTLY LATE OR CHANGING
ORIGINAL ARRANGEMENTS. NO MORE
UNTIL JAN. 2008.
9 35.43.0223.02 BELTRAN, TRINA 52.82 89.84
3111 SAVIA PL S
10 36.69.0722.01 BENAVIDES, RUBEN 52.61 124.12
1012 PUFFIN ST E
11 24.04.2286.02 BOOKER, KEITH 100.44 278.06
1480 SANTA ROSA PL N
Shutoff Account List CITY COUNCIL Page: 2
CITY OF MERIDIAN
Standard Payment Customers Jul 24, 2007 04:47pm
Current Period: 08/05/2007 - Transactions Included Through: 08/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref Re
eCust
No
Name / Service Address
Past Due
Balance
12
25.05.0802.01
BOYLE, JOHN
92.05
190.04
17
30.74.2726.03
3818 PINE CREEK CT W
75.66
146.05
13
23.01.0800.01
BREWER, SID & SHELLY
92.87
139.86
18
36.65.3150.01
423 BROADWAY AVE W
50.13
92.33
14
30.74.3264.01
BROWN, MICHAEL & LISA
67.60
143.74
19
25.95.0332.03
608 CANVASBACK WAY S
62.42
85.50
15
21.48.3225.01
BUICH, DAVE & KAREN
60.54
327.35
20
23.23.3024.01
SPK - 3055 FAIRVIEW- FRONT
66.55
255.53
16
23.02.4890.04
BURNS, EMMETT
71.16
150.92
154015TH ST W
17
30.74.2726.03
CAMPBELL JR., ROSS
75.66
146.05
1108 CRESTWOOD DR
18
36.65.3150.01
CARICO, SCOTT
50.13
92.33
1581 PUFFIN CT E
19
25.95.0332.03
CASPER, JEANNE
62.42
85.50
841 TRAQUAIR PL N
20
23.23.3024.01
CHRISTENSEN, DWAYNE
66.55
255.53
976 IDAHO AVE W
21
23.02.2564.03
CHRISTENSEN, ROBERTA
78.63
210.15
1344 CRESTMONT DR N
22
30.74.3090.02
CLAY, JAMES & JANE
88.85
179.33
550 PELICAN WAY S
23
30.74.3352.03
CLAY, JAMES & JANE
99.57
261.07
1355 GANDER DR W
24
37.37.2918.01
COATE BUILDERS
52.16
91.11
2385 BEAR CLAW WAY S
25
30.74.2390.04
COFFMAN, JENNIFER
86.21
231.15
1058 LOUISVILLE CT W
26 22.51.4170.04 COLSON, HOWARD 57.09 111.33
435 2ND ST E
27 23.02.1920.01 CONRADI, LINDA 74.97 123.45
323 MAPLE AVE W
28 23.02.4280.03 CORBETT, ANITA K 122.17 277.47
1226 MAPLE ST
CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3
Standard Payment Customers Jul 24, 2007 04:47pm
Current Period: 08/05/2007 - Transactions Included Through: 08/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No Cust No Name / Service Address Past Due Balance
29 25.95.0741.02 CSONTOS, MICHAEL & MARGARET 58.05 85.16
4084 GILLETTE DR W
30 36.69.1544.03 DAILEY, JOSEPH 186.65 315.72
508 KINGSFORD DR E
31
24.03.0402.04
D'ALLILIO, DONALD
69.76
173.65
759 TALL PINE PL N
NO ARRANGEMENTS FOR THE
RENTERS PER THE OWNERM
32
36.59.0122.01
DIAMOND CREEK HOMES
58.05
89.49
2949 GLACIER BAY WAY S
33
22.51.0758.01
ELITE CLEANERS
239.69
651.94
140 IDAHO AVE E
34
30.74.3614.01
FACKRELL, THOMAS
75.02
130.74
1088 EIDER DR W
35 30.30.6216.04 FALAUTO, MARIA 60.92 94.76
1278 JACKSNIPE DR W
36 35.35.0087.04 FIELDS, SCOTT & CHRISTINE 52.40 120.08
2832 INDIAN CREEK DR E
37 30.74.3190.03 FISCHER, DONALD & LAURA 71.76 124.60
917 GREENHEAD ST W
38 30.74.1010.06 GARDNER, GUTHRIE, & HEATH 63.68 170.54
68 ROSE CL
39 20.46.0116.01 GARIBOVIC, KASIM 92.46 149.47
3533 JUDICIAL DR E
40 23.02.2562.03 GEARY, SANDRA 78.99 219.46
1314 CRESTMONT DR N
41 23.02.0860.03 GOSSI, NICK 74.21 247.46
1200 PINE AVE W
42 29.07.0962.02 HADDOX, JESSICA & MIKE 69.38 113.69
1825 CALCITE CT W
43 30.74.2988.02 HARRIS, MELISSA 53.13 150.94
1367 PINTAIL DR W
44 22.51.0326.01 HAYMOND, DAVID A 50.56 113.54
318 BROADWAY AVE E
CITY OF MERIDIAN
Shutoff Account List
CITY COUNCIL
Page: 4
Jul 24, 2007 04:47pm
Standard Payment
Customers
Current Period: 08/05/2007 - Transactions Included Through: 08/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No
Cust No
Name / Service Address
Past Due
Balance
45
46.16.1001.02
HENDERSON, DIANNA
69.33
105.57
3922 MONTAGUE WAY S
46
24.04.1792.02
HOHENSHELT, JOAN
67.50
227.54
2481 WILLARD ST W
47
22.51.0938.05
HORACEK, RANDY & LAURE
71.63
112.99
707 PINE AVE E
48
20.46.0542.02
HUSIC, ALIJA
66.71
120.07
1091 PRINCIPLE WAY N
49
24.61.0108.02
HYMAS, LOGAN
76.40
154.88
907 CLARA AVE N
50
29.07.1090.03
IRVIN, TAYLOR
56.26
132.00
440 MALACHITE AVE S
51
23.23.3012.02
JAEGER, KEVIN & TINA
70.94
114.34
802 9TH PL N W
52
22.50.3736.01
JOHNSON, BRIAN
65.67
174.97
910 SCRIVNER WAY N
53
25.95.0909.02
JONES, JEFF
68.17
103.06
4318 HEARST ST W
54
24.04.1138.02
JONES, NATHAN
65.17
109.21
1040 MAURA AVE N
55
24.04.1846.02
KEEFE-JONES, LAURA
82.34
283.55
1229 RUTLEDGE AVE N
56
23.01.0950.04
LABARTUNEK, MICHELLE
51.83
148.34
605 2ND ST W
57
30.74.2880.02
LEWIS, KYLE
80.37
139.95
1348 MERGANSER DR W
58
20.47.0060.05
LOWRY, JOSH
62.88
101.20
4030 DRIFTWOOD DR E
59
22.50.0602.03
MARINKOVICH, JASON
72.47
143.31
1217 CATHY AVE N
60
32.32.4606.01
McCALLISTER, GARY
76.07
122.14
2115 BOWSTRING ST E
61
23.23.3016.02
McCONKEY, BRANDI
62.00
100.93
820 9TH PL N W
CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5
Standard Payment Customers Jul 24, 2007 04:48pm
Current Period: 08/05/2007 - Transactions Included Through: 08/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No
Cust No
Name / Service Address
Past Due
Balance
62
23.01.0170.02
McCURDY, NATHAN
54.47
91.90
721 3RD ST W
63
24.03.0314.03
McDOUGAL, MIKE
111.17
164.29
2001 SNYDER DR W
72
24.03.0848.02
CANCELED D/P ON 9/20/06 PER KELLIE
62.53
102.20
SUTTON (RENTER) REQUEST.
PUT ON DIRECT PAY 7/17/06.
64
22.50.0400.03
McFADDEN, CLEORA
89.65
198.61
1108 21 /2 ST E
65
36.36.0986.02
McKINLEY, BRAD
115.27
203.13
437 FOREST RIDGE DR S (CORNER)
66
24.04.1958.02
McNALLY, NICOLE
134.86
251.92
2322 SONOMA CT W
NO ARRANGEMENTS ALLOWED UNTIL
5/25/08 DUE TO BROKEN
ARRANGEMENTS.
67
24.04.1694.05
MEJIA, MARY
86.23
276.39
2634 LEROY CT W
68
20.46.0868.02
METZGER, DUSTIN
75.79
128.46
3552 FLORENCE DR E
69
22.51.3098.05
MILLER, TRINET
47 KING ST E
50.62
85.05
70
23.02.0428.03
MITCHELL, JESSE & JEN
64.08
175.99
1010 WEST 5TH AVE N
71
24.04.0856.03
MOORE, JACOB
89.25
147.18
1136 ROPER PL N
72
24.03.0848.02
NAPIER, TERI
62.53
102.20
652 BROWNFIELD WY W
73 23.02.3380.02 NEALE, EDWARD 62.01 138.30
1158 7TH ST W
74 30.74.2690.03 NELSON, JOSEPHINE 64.69 209.76
152 CRESTWOOD DR S
75 25.05.0780.04 NESBITT, BILL J & YOUNG, REBEC 75.00 174.31
1420 LITTLE CREEK AVE N
.
CITY OF MERIDIAN
Shutoff Account List CITY COUNCIL
Page: 6
Jul 24, 2007 04:48pm
Standard Payment Customers
Current Period: 08/05/2007 - Transactions
Included Through: 08/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No
Cust No
Name / Service Address
Past Due
Balance
76
22.50.3846.05
ORTON, DAVID
50.02
92.71
1418 SOTHESBY ST E
77
PENA, THEODORE & JULIA
71.32
166.32
22.50.0262.02
12 STATE AVE E
78
PERRY, DANIEL & LORI
57.14
125.36
35.35.0172.03
2829 GIVENS WAY S
79
23.01.3130.02
PETERSON, JIM
120.92
272.92
935 PINE AVE W
80
REINHARDT, RAYMOND & PATRICIA
57.42
133.27
23.02.6300.01
1203 8TH ST W
81
REITERMAN, CARL & BONNIE
50.71
88.99
21.21.9146.03
1957 WILSON LN E - A & B
82
30.74.3962.03
RICHARDS, BLAKE &
55.82
126.92
1310 GANDER DR W
83
RITCHEY, FRANK
64.19
118.93
37.37.3912.02
2331 ICE BEAR WAYS
84
23.25.0107.03
ROCK CREEK PINES
51.73
106.03
1069 PINE AVE W
85
ROCK CREEK PINES
64.25
135.35
23.25.0121.03
1053 PINE AVE W
86
ROCK CREEK PINES
58.26
130.00
23.25.0123.02
1045 PINE AVE W
87
23.25.0126.02 ROCK CREEK PINES
63.04
162.80
1047 PINE AVE W
88
20.47.0074.02 RUMSEY, PHILIP & JENNIFER
99.15
169.92
4111 DRIFTWOOD DR E
89
30.74.3066.03 RUST, MANDY
126.83
181.60
936 LOON ST W
CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7
Standard Payment Customers Jul 24, 2007 04:48pm
Current Period: 08/05/2007 - Transactions Included Through: 08/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No
Cust No
Name / Service Address
Past Due
Balance
90
22.51.2728.01
SAN WAN LLP
214.56
471.02
279 BALTIC PL N
91
30.74.0682.02
SHELBY, MISTY
101.15
136.32
704 BARRETT ST W
NO ARRANGEMENTS FOR
RENTERS!!!!!!!!! M!
92
24.04.1618.03
SHIMEL, RYAN & SARAH
104.99
296.19
2724 WILLARD ST W
93
35.35.0258.03
SHORES, DAVID & CARRIE
76.02
121.52
2346 GREEN CANYON DR E
94
30.74.3096.01
SIGMOND, SERGIO
50.26
108.45
1075 EGRET DR W
95
36.36.0182.02
SPARKS, HEATHER
88.05
141.02
2723 PINE BAR PL S
96
23.02.2170.03
STALFORD, SHANNON
114.53
200.20
232 CHERRY AVE
97
30.74.3370.03
STELZRIED, DARLENE
89.53
163.74
827 PELICAN WAY S
98 23.02.1730.02 T & T INC 82.47 174.80
403 CHERRY LN W
99 30.30.5006.03 TAYLOR, EVERETT & JEANETTE 64.70 255.53
197 WEST 8TH AVE S
100 46.60.0118.02 THAMMAVONGSA, SUWANKHAM 54.29 108.58
3711 ARNO AVE S
101 22.50.0028.03 THE FLOWER PLACE 146.21 293.34
930 MAIN STREET
102 37.50.0401.02 VIERRA, ROSE 84.94 113.46
237 ORSO DR W
103 35.35.5017.02 WAGEMAN, CLINT 56.23 118.76
2229 MACKAY CT E
104 34.34.6284.02 WARDLAW, RYAN & LINDSEY 60.82 94.23
2889 PROUD WAY S
0 i
CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Jul 24, 2007 Page:
8
Standard Payment Customers
Current Period: 08/05/2007 - Transactions Included Through: 08/05/2007
Shutoff Minimum of $ 50.00 compared to Delinquent Balance
Ref
No
Cust No
Name / Service Address
Past Due
Balance
105
22.51.3178.02
W EAST, W ES
62.56
100.58
200 3RD ST E
106
23.02.3150.04
WELKER, ROBERT & TERESA
62.74
207.96
1203 7TH ST W
107
45.20.1010.03
WHITE, DANIEL & KIMBERLY
94.69
141.51
1245 PISTIOA DR E
108
22.51.3580.02
WHITE, WES & KELLY
78.48
275.50
126 KING ST E
109
37.72.0110.02
WILCOX, JEANNE
76.82
152.59
1975 GULL COVE PL S
110
24.04.1766.03
WILLIAMS, DARRELL & KITTY
51.49
185.01
2492 WILLARD ST W
111
30.74.0356.01
WILSON, DEANA
76.34
191.06
692 HANOVER CT
NO ARRANGEMENTS TIL
6/15/07!!—BROKE ARRANGEMENTS
SIGNED ON 6/15/06.
112
24.61.0213.02
YOCUM, MICHAEL & KATHERINE
55.79
158.96
870 GRAY CLOUD N
NO ARRANGEMENTS FOR RENTERSM
113
24.04.1662.03
YOHNER, LARRY & MARJORIE
88.74
243.61
2722 SHERYL ST W
114
24.04.1752.01
ZUMWALT, LEON & GINA
64.86
174.74
2573 SHERYL ST W
Grand Totals:
114 Customers Listed
8,912.37
19,054.11
Report Criteria:
Terminated customers not included
Customer.Cust No () = {<)7700000001
Customer.Bill Cycle =1
Customer.disconnected = No
Customer.shut off list = No
I 14W Broadcast Report
Date/Time 07-20-2007 06:25:20 p.m. Transmit Header Text City of Meridian Idaho
Local ID 1 2088884218 Local Name 1 Line 1
Local ID 2 Local Name 2 Line 2
This document: Failed
(reduced sample and details below)
Document size: 8.5"x11 "
?CILZpe POO -SY &&IC' A'�'Hee —
(ZM'*-1EIDIAN CITY COUNCIL REGULAR
IDAHO
MEETING AGENDA
City council Chambers
33 East Idaho Avenue, llilsddhW4 Idaho
Tuesday, July 24.200T at 7:00 pin.
"Although the C►ty of il!lerldlan no longer requires sworn tesftony,
a# presentations before the Mayor and City Council are expelled
to he truthful and honest fo the hest of the abMW of the presenter.`
1. troll -call Attendance:
David Zarembe Joe Borton
Charlie Rountree Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
S. Community invocation by Joe Anderson with Cole Community
Church:
4. Adoption of the Agenda:
S. Consent Agenda:
A. Approve Minutes of July 11 2008 Clio Council Betdnet Workshop
Mesons:
B. Approve Minutes of July 3. 2W City Council Remftr Hestina
Minuf�:
C. Findings of Fact and Conclusions of Law for Approval: PFP
07.001 Request for a Preliminary / Final Plat approval to subdivide
Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new
lots fore8 newah by Walker Homes. Inc. - 2673 North Ridgebury
Avenue:
MwWWn City Cw nd tdea8n®AWd0 —Jdyr 24.2808 Pace t cgs
Al mste 0W PMSeMdat Pt i m OMW strop beams PMPOrty6fths Ctty ""Um
Angara destf6 ac Wwr&"On IV diaaMrdtes reteted to dom ma t andfor hwim,
pWM ooaWd ffie M CteWs Offim at 88&4433 at nasi 48 fmm pdorto the WAft reg.
J . -
Total Pages Scanneo:5
1ULCI raycawenn.......
StartTlme
.....
6ratlon
Pages
Line
Mode
Job Type
Results
No.
001
Job
738
Remote Station
3810160
05:13:36 p.m. 07-20-2007
00:04:46
515
1
EC
HS
CP9600
002
738
8989551
05:13:36 p.m. 07-20-2007
00:01:08
5/5
1
EC
HS
CP21600
003
738
8848723
05:13:36 p.m. 07-20-2007
00:01:46
5/5
1
EC
HS
CP14400
004
738
8886854
05:13:36 p.m. 07-20-2007
00:00:57
515
1
EC
HS
CP28800
005
738
12088985501
05:13:36 p.m, 07-20-2007
00:01:35
5/5
1
EC
HS
CP28800
006
738
8467366
05:13:36 p.m.07-20-2007
00:00:56
5/5
1
EC
HS
CP28800
007
738
8950390
05:13:36 p.m. 07-20-2007
00:00:57
5/5
1
EC
HS
CP33600
Broadcast Report
Date/Time 07-20-2007 06:25:29 p.m. Transmit Header Text City of Meridian Idaho
Local ID 1 2088884218 Local Name 1 Line 1
Local ID 2 Local Name 2 Line 2
No.
Job
Remote Station
Start Time
Duration
Pages
Line
Mode
Job Type
Results
008
73 8
2088882682
05: 13:36p.m.07-20-2007
00:00:54
5/5
1
EC
HS
CP33600
009
738
8886777
05:13:36 p.m.07-20-2007
0001:51
5/5
1
EC
HS
CP14400
010
738
8840745
05:13:36 p.m.07-20-2007
00:01:33
5/5
1
EC
HS
CP24000
011
738
208 387 6393
05:13:36 p.m. 07-20-2007
00:01:46
5/5
1
EC
HS
CP14400
012
738
2877909
05:13:36 p.m. 07-20-2007
00:00:57
515
1
EC
IHS
CP31200
013
738
2088885052
05:13:36 p.m. 07-20-2007
00:00:55
515
1
EC
IHS
CP31200
014
738
8886573
05:13:36 p.m. 07-20-2007
00:04:42
5/5
1JEC
C
HS
CP9600
015
738
8881983
05:13:36 p.m. 07-20-2007
00:01:19
515
1HS
CP21600
016
738
2083776449
05:13:36 p.m.07-20-2007
00:01:46
515
1C
HS
CP14400
017
738
4679562
05:13:36 p.m.07-20-2007
00:0104
515
1C
HS
CP24000
018
738
8886700
05:13:36 p.m. 07-20-2007
00:00:00
0/5
1
--
HS
FA
019
738
8884022
05:13:36 p.m. 07-20-2007
00:07:36
3/5
1
G3
HS
FA14400
020
738
3886924
05:13:36 p.m. 07-20-2007
00:01.02
5/5
1
EC
HS
CP24000
021
738
8841159
05:13:36 p.m. 07-20-2007
00:6755
5/5
1
EC
HS
CP31200
022
738
2088840744
05:13:36 p.m.07-20-2007
00:01:07
515
1
EC
HS
CP24000
Abbreviations:
HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user
HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3
WS: Waiting send MS. Mailbox save FA: Fall RP: Report EC: Error Correct