2015-06-23ILS CITY COUNCIL REGULAR
MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, June 23, 2015 at 6:00 PM
Roll -Call Attendance
X David Zaremba X_ Joe Borton
_X Charlie Rountree X Keith Bird
X_ Genesis Milam X Luke Cavener
X Mayor Tammy de Weerd
2. Pledge of Allegiance
Community Invocation by Steve Moore with Ten Mile Christian Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. FP 15-020 Paramount Square Subdivision by Brighton Investments, LLC
Located Northwest Corner of N. Meridian Road and W. McMillan Road
Request: Final Plat Approval Consisting of Twenty (20) Commercial
Buildable Lots and One (1) Multi -Family Residential Lot on Approximately
31.95 Acres in the C -G and R-40 Zoning Districts
B. Findings of Fact, Conclusions of Law: RZ 15-006 Three Corners by Sweet
Land Development, Inc. Located Southeast Corner of N. Locust Grove
Road and Chinden Boulevard Request: Rezone of Approximately 12.65
Acres of Land from the C -C (Community Business), R-8 (Medium Density
Residential) and R-4 (Medium -Low Density Residential) Zoning District to
the C -C (9.38 Acres), R-8 (2.76 acres) and R-4 (0.51 Acres) Zoning Districts
C. Findings of Fact, Conclusions of Law: CPAM 15-001 Hill Properties/Century
Farm School by Martin Hill, Hill & Hill Properties and Brighton Investments
Located East Side of S. Eagle Road and South Side of E. Amity Road
Request: Amendment to the Comprehensive Plan Future Land Use Map to
Change the Future Land Use Designation on 87.01 Acres of Land from Low
Density Residential to Mixed -Use Neighborhood
Meridian City Council Meeting Agenda — Tuesday, June 23, 2015 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
D. Findings of Fact, Conclusions of Law: AZ 15-004 Hill Properties by Martin
Hill and Hill & Hill Properties Located East Side of S. Eagle Road and the
South Side of E. Amity Road Request: Annexation of 78.62 Acres of Land
with the R-8 (39.83 Acres) and C -N (38.79 Acres) Zoning Districts
E. Findings of Fact, Conclusions of Law: RZ 15-007 Century Farm School by
Brighton Investments Located 114 Mile South of E. Amity Road and 1l2 Mile
East of S. Eagle Road Request: Rezone of 8.39 Acres of Land From the R-8
to the C -N Zoning District
F. Final Order for Approval: FP 15-019 Oak Leaf Subdivision No. 2 by Oak
Leaf Development Company, Inc. Located North of Chinden Boulevard and
West of N. Jayker Way Request: Final Plat Approval Consisting of Eleven
(11) Single Family Residential Lots on Approximately 7.99 Acres in the R-2
Zoning District
G. Addendum B to September 23, 2013 Professional Services Agreement for
Animal Control Services and Dog Licensing Between the City of Meridian
and the Idaho Humane Society
H. Approval of Award of Bid and Agreement to C & A Paving Company for the
"CITY HALL WEST SIDE PARKING LOT" Project for a Not -To -Exceed
amount of $239,540.75
I. West Ada School District Water Easement
J. Release of Water Easement Instrument # 103007924 for Meridian Joint
School District No. 2
K. Acknowledgement of Terms of Idaho Power Surplus Property Bill of Sale to
City of Meridian of Wooden Distribution Pole
L. Professional Services Agreement with DesignWorks Creative Inc. for
Website Management Services for the Meridian Anti -Drug Coalition for a
Not -to -Exceed Amount of $4,812.00 Annually for Four Years
M. Professional Services Agreement with Monte Stiles for Policy and
Advocacy Consultant Services for the Meridian Anti -Drug Coalition for the
Not -to -Exceed Amount of $15,000.00 Annually for Four Years
6. Items Moved From Consent Agenda None
7. Action Items
A. FP 15-022 Caven Ridge Subdivision No. 1 by New Cavanaugh, LLC Located
East Side of S. Meridian Road and South of the Ridenbaugh Canal Request:
Meridian City Council Meeting Agenda —Tuesday, June 23, 2015 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Final Plat Approval Consisting of Thirty -Seven (37) Building Lots and Nine
(9) Common Area Lots on 14.06 Acres of Land in the R-8 Zoning District
Continued to July 7, 2015
B. FP 15-021 Fall Creek Subdivision No. 2 by Coleman Homes, LLC Located
South of W. Overland Road and East of S. Linder Road Request: Final Plat
Approval Consisting of Thirty -Nine (39) Building Lots and Four (4) Common
Lots on 12.51 Acres of Land in the R-8 Zoning District Approved
C. Public Hearing: PP 15-008 Normandy Subdivision by Schultz Development
Located at 4145 S. Locust Grove Road Request: Preliminary Plat Approval
Consisting of 110 Building Lots and 9 Common Lots on 26.93 Acres of
Land in an R-8 Zoning District Approved
D. Public Hearing: AZ 15-003 Shelburne Subdivision by Shelburne Properties,
LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request: Annexation and
Zoning of 30.21 Acres of Land with an R-4 Zoning District Approved
E. Public Hearing: PP 15-005 Shelburne Subdivision by Shelburne Properties,
LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request: Preliminary Plat
Approval Consisting of Seventy -Eight (78) Building Lots and Fifteen (15)
Common Lots on 30.2 Acres of Land Approved
F. Public Hearing: VAC 15-006 Shelburne Subdivision by Shelburne
Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane Request
Approved
8. Department Reports
A. Continued from June 16, 2015: Legal and Fire Departments: Memorandum
of Understanding and Agreement between the City of Meridian and the
Meridian Rural Fire Protection District
Continued to July 7, 2015
B. Legal Department Report: Updates to Meridian City Code to comply with
updates to Idaho Code and to reclassify penalties
C. Ordinance No. 15-1647: Updates To Meridian City Code To Comply With
2015 Updates To Idaho Code And To Reclassify Violation Penalties
Approved
D. Public Works: Budget Amendment for FY2015 in the Amount of $175,000.00
for Well 27 Water Treatment Facility Equipment Procurement Approved
Meridian City Council Meeting Agenda—Tuesday, June 23, 2015 Page 3 of
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.
E. Public Works: Budget Amendment for FY2015 in the Amount of $444,699.00
for the Design of the Wastewater Resource Recovery Facility Capacity
Expansion Project Approved
9. Ordinances
A. Ordinance No. 15-1648: An Ordinance (RZ 15-006 Three Corners
Subdivision) for the Re -zone of a parcel of land located in the NW '/4 of the
NW'/4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, City
of Meridian, Ada County, Idaho Establishing and Determining the Land Use
Zoning Classification of Said Lands from C -C (Community Business)
zoning district, R-8 (Medium Density Residential) zoning district and R-4
(Medium -Low Density Residential) zoning district to C -C (Community
Business) zoning district (9.38 acres), R-8 (Medium Density Residential)
zoning district (2.76 acres) and R-4 (Medium -Low Density Residential)
zoning district (0.51 acres. Approved
10. Future Meeting Topics
Adjourned at 7:42 p.m.
Meridian City Council Meeting Agenda —Tuesday, June 23, 2015 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council June 23, 2015
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, June
23, 2015, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David
Zaremba, Joe Borton, Genesis Milam and Luke Cavener.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Kyle Radek,
Scott Colianni, Chris Amenn, David Allison, Mike Barton, and Dean Willis.
Item 1: Roll -call Attendance:
CR.71M
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X Genesis Milam _X Lucas Cavener
X Mayor Tammy de Weerd
De Weerd: I will go ahead and get tonight's meeting started. I'd like to welcome you all to
our City Council meeting. It's always nice seeing members of the public here joining us.
For the record it is Tuesday, June 23rd. It's 6:00 p.m. We will start with roll call
attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor
Steve Moore with the Ten Mile Christian Church. If you will all join us in the community
invocation or take this as an opportunity for a moment or reflection. Thank you for joining
us, pastor.
Moore: It's an honor to be here. Our Father who is in Heaven, I was just thinking as I was
driving here and thank you for that thought, that people that are in this room have a lot of
authority and they make decisions that affect so many lives, but, God, I know the history
of a lot of these folks and they were are all servants before they were elected to office.
They have been servants in this city and I pray, God, that you would honor that heritage. I
pray, God, that the decisions that they make will be made continually through a heart of
the servant. I pray for us as citizens of this city and this community that we would be
involved. I pray that this community will only improve because of factors like that.
Meridian City Council
June 23, 2015
Page 2 of 40
Especially tonight, God, specifically I pray for this meeting, the decisions that are made,
that they would be for the prosperity of this community in all ways. God, we -- we want
your help to be a harmonious community, one in which people contribute. I pray that we
would -- we not forget those who have less than us and that we would operate as Jesus
himself would on a daily basis, in the name of Christ I pray, amen.
De Weerd: Thank you, Pastor Steve.
Moore: Thank you.
Item 4: Adoption of the Agenda
De Weerd: We appreciate you joining us. Item No. 4 is adoption of the agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: On the agenda Item No. 7-A has been requested to continue to July 7th. On
Item 8-A, that has been requested to continue again until July 7th. On Item 8-C the
ordinance number is 15-1647 and Item 9-A the ordinance number is 15-1648 and with
those additions, Madam Mayor, I move that we approve the agenda.
Bird: Second.
De Weerd: I have a motion and a second to approve the agenda as read. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. FP 15-020 Paramount Square Subdivision by Brighton
Investments, LLC Located Northwest Corner of N. Meridian Road
and W. McMillan Road Request: Final Plat Approval Consisting
of Twenty (20) Commercial Buildable Lots and One (1) Multi -
Family Residential Lot on Approximately 31.95 Acres in the C -G
and R-40 Zoning Districts
B. Findings of Fact, Conclusions of Law: RZ 15-006 Three Corners
by Sweet Land Development, Inc. Located Southeast Corner of
N. Locust Grove Road and Chinden Boulevard Request: Rezone
of Approximately 12.65 Acres of Land from the C -C (Community
Business), R-8 (Medium Density Residential) and R-4 (Medium -
Low Density Residential) Zoning District to the C -C (9.38 Acres),
R-8 (2.76 acres) and R-4 (0.51 Acres) Zoning Districts
Meridian City Council
June 23, 2015
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C. Findings of Fact, Conclusions of Law: CPAM 15-001 Hill
Properties/Century Farm School by Martin Hill, Hill & Hill
Properties and Brighton Investments Located East Side of S.
Eagle Road and South Side of E. Amity Road Request:
Amendment to the Comprehensive Plan Future Land Use Map to
Change the Future Land Use Designation on 87.01 Acres of Land
from Low Density Residential to Mixed -Use Neighborhood
D. Findings of Fact, Conclusions of Law: AZ 15-004 Hill Properties
by Martin Hill and Hill & Hill Properties Located East Side of S.
Eagle Road and the South Side of E. Amity Road Request:
Annexation of 78.62 Acres of Land with the R-8 (39.83 Acres) and
C -N (38.79 Acres) Zoning Districts
E. Findings of Fact, Conclusions of Law: RZ 15-007 Century Farm
School by Brighton Investments Located 114 Mile South of E.
Amity Road and 112 Mile East of S. Eagle Road Request: Rezone
of 8.39 Acres of Land From the R-8 to the C -N Zoning District
F. Final Order for Approval: FP 15-019 Oak Leaf Subdivision No. 2
by Oak Leaf Development Company, Inc. Located North of
Chinden Boulevard and West of N. Jayker Way Request: Final
Plat Approval Consisting of Eleven (11) Single Family
Residential Lots on Approximately 7.99 Acres in the R-2 Zoning
District
G. Addendum B to September 23, 2013 Professional Services
Agreement for Animal Control Services and Dog Licensing
Between the City of Meridian and the Idaho Humane Society
H. Approval of Award of Bid and Agreement to C & A Paving
Company for the "CITY HALL WEST SIDE PARKING LOT"
Project for a Not -To -Exceed amount of $239,540.75
West Ada School District Water Easement
J. Release of Water Easement Instrument # 103007924 for Meridian
Joint School District No. 2
K. Acknowledgement of Terms of Idaho Power Surplus Property
Bill of Sale to City of Meridian of Wooden Distribution Pole
L. Professional Services Agreement with DesignWorks Creative
Inc. for Website Management Services for the Meridian Anti -Drug
Coalition for a Not -to -Exceed Amount of $4,812.00 Annually for
Four Years
Meridian City Council
June 23, 2015
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M. Professional Services Agreement with Monte Stiles for Policy
and Advocacy Consultant Services for the Meridian Anti -Drug
Coalition for the Not -to -Exceed Amount of $15,000.00 Annually
for Four Years
De Weerd: Item 5 is our Consent Agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the Consent Agenda as published, authorize the Clerk
to attest and the Mayor to sign.
Bird: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Is there any
discussion? Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 7: Action Items
A. FP 15-022 Caven Ridge Subdivision No. 1 by New Cavanaugh,
LLC Located East Side of S. Meridian Road and South of the
Ridenbaugh Canal Request:
De Weerd: Item 7-A has been requested to continue to July 7th. Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we continue Item 7-A until July 7th, 2015.
Bird: Second.
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June 23, 2015
Page 5 of 40
De Weerd: I have a motion and a second to continue this item to July 7th. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. FP 15-021 Fall Creek Subdivision No. 2 by Coleman Homes, LLC
Located South of W. Overland Road and East of S. Linder Road
Request: Final Plat Approval Consisting of Thirty -Nine (39)
Building Lots and Four (4) Common Lots on 12.51 Acres of Land
in the R-8 Zoning District
De Weerd: Item 7-B is FP 15-012. 1 will turn this over to staff.
Watters: Thank you, Madam Mayor, Members of the Council. The application before you
now is for a final plat. This site consists of 12.51 acres of land. It's currently zone R-8
and is located south of West Overland Road and east of South Linder Road. The
proposed final plat depicts 39 building lots and four common lots on 12.51 acres of land in
an R-4 zone -- or, excuse me, R-8 zoning district. The proposed plat complies with the
preliminary plat and the dimensional standards of the R-8 district. The proposed plat does
not include the street buffer and sidewalk along South Linder Road. Staff is
recommending as a condition of approval that this area is included within the boundaries
of this final plat and constructed with this phase. Written testimony has been submitted
from Becky McKay, the applicant's representative. She requests Condition No. 4-B and
5-B, which requires the street buffer along the new road to be included in this phase is
removed and they will be allowed to construct the entire buffer along Linder at one time
with the entrance at Kodiak Drive. Staff will stand for any questions Council may have.
De Weerd: Thank you. Council, any questions?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. Would the applicant like to make comment? Good evening. If you will,
please, state your name and address for the record.
McKay: Becky McKay. Engineering Solutions. Business address 1029 North Rosario.
Thank you, Madam Mayor, Members of the Council.
De Weerd: Thank you.
McKay: We are in agreement with all the conditions of approval as set forth by the staff.
The only one that -- that I had hoped to have removed would be 4-B and 5-B. We did not
include the arterial buffer adjacent to Linder Road, because I have 16 -- about 1,643 linear
feet of buffer and so my reasoning was it made more sense that we install it all in one fatal
swoop and there is only 573 feet of buffer adjacent on the west side of these lots and it's
Meridian City Council
June 23, 2015
Page 6 of 40
kind of in the middle of our Linder frontage and so it just seemed to kind of make sense to
me not to install just this little portion in the middle. When we come down and we get our
Kodiak collector entrance, then, we are going to -- I'm going to have an entire landscape
buffer all along Linder. So, staff had indicated that the -- the ordinance requires the buffer.
I'm not asking to get out of the buffer, I'm just kicking that buffer down the road and I
guess it's up to the Council to determine if that is appropriate or not at this juncture. So,
we just ask you to please consider it. Thank you.
De Weerd: Becky, as part of that -- sidewalks. Are the sidewalks already in?
McKay: Madam Mayor, no. The sidewalks are not in. The sidewalk is within our
landscape buffer. We have detached walks outside the right of way.
De Weerd: But you would be asking to postpone the extension of the sidewalks as well.
McKay: Yes. We would install the sidewalk along with the buffer. We will do that whole
Linder stretch and we had the outparcel that was the existing house. Mr. Coleman has
purchased that, so that is now under his ownership. We will be removing the home and
the buffer will continue. We are trying to save the mature trees that were in the front yard
of that home.
De Weerd: So, what kind of time frame are you looking at in terms of this buffer and the
sidewalk?
McKay: I think probably it will be next year, because we are going to have to open up that
second entrance for fire. We are going to be looping the water with this phase to Linder.
have to build water in Linder for a redundant source.
De Weerd: I won't share my opinion unless it's not said by any of the Council Members,
so -- any questions from Council? Okay. Well, then, I will share my thoughts. We need
connectivity for pedestrians, in particular kids to have safe routes, and if I had anything to
say to it I would ask you to finish that whole buffer along Linder, so you would have
sidewalks put in. Connectivity is huge and in particular along Linder where plenty of kids
walk up and down those roads. So, my two cents.
McKay: Thank you.
De Weerd: Okay. Council, any information needed from the applicant or staff?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: You brought up a point and Becky can answer this or maybe somebody. I can't
remember driving out there. On the south end of your buffer sidewalk, is there -- coming
north from Victory is there a sidewalk to that location yet?
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June 23, 2015
Page 7 of 40
McKay: The only existing sidewalk I believe is on the west side at -- what Southridge has
built of Linder.
Bird: Okay.
McKay: But there are -- to my knowledge there is no other sidewalk adjacent to our site.
We do have detached walks.
Bird: Okay.
McKay: We do have detached walks internally through -- and your multi -use pathway to
the school will go down our collector. That's the ten foot multi -use pathway.
Bird: Thank you.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: So, Becky, your answer to the earlier question is the -- the idea that the buffer
along Linder for the enter length of the project is next year?
McKay: Yes. We are going to include it as one entire -- so we could do the whole
frontage. So, the sidewalk -- everything would connect to Kodiak.
Borton: And -- Madam Mayor?
De Weerd: Yes.
Borton: Is the --
McKay: This phase will be built this year.
Borton: Okay. Is the trigger for that appropriately described as a date that it would occur
by or a phase that it would occur by or -- installation of the entire buffer. How would you
characterize that?
McKay: I guess it would be up to the Council. I mean to -- to put a phase on it. With
phase three, phase four. We started on the east side of this project and we have been
working our way westward.
Borton: Is a date more appropriate? It seems clearer to have a date certain that it would
be installed by and so what date would you pick?
Meridian City Council
June 23, 2015
Page 8 of 40
McKay: Specific dates are harder than phases, because you don't know what the market
is going to do and I'd hate to agree to a specific date and, then, just have to build the
landscape and the sidewalk without a phase. That would be my fear. I guess, you know,
you could say with the third phase -- the fourth phase. This phase will be built and paved
before November 15th. That is our target.
Borton: Just phase two?
McKay: This phase two. Yes, sir. And so, then, we will roll to -- in fact, we already are
working on design of the third phase at this time.
Borton: Okay.
De Weerd: So, Becky, isn't it disruptive to any of the lots that build up against that that
you would be putting that in after the fact?
McKay: It could be. Yes. I guess that's what you have to balance.
De Weerd: When was this subdivision approved? Apparently it was before Council has
been pretty consistent about trying to get infrastructure along roads in prior to than on
each phase.
McKay: Two years?
Watters: 2012. The preliminary plat
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would say that it was approved before I was aware there was going to be a
school in the neighborhood and to repeat the same question everybody else is asking, the
objective is to have a sidewalk in before the school is there. Immediate would be nice, but
to me the point is to have it be there before the school. Do we know when the school is
going to be opened?
De Weerd: Well, the school that's being built currently is on Stoddard. So, it's a half mile
over.
Zaremba: Okay. It's not on Linder?
McKay: No.
De Weerd: Not this one. Not the one being built.
Zaremba: Okay. Never mind.
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June 23, 2015
Page 9 of 40
McKay: Madam Mayor, to answer your question, Councilman Zaremba, when it was
approved the school bond had not passed. The school was planned, but there was no
exact date. It's under construction now.
Zaremba: Okay.
De Weerd: Is it -- is it the one --
McKay: On Stoddard.
De Weerd: On Stoddard. It's on Stoddard and Kodiak right across from Bear Creek Park
Zaremba: So, my question doesn't relate. So, thank you.
Milam: Madam Mayor? I mean is there -- and maybe you said it in the very beginning
when you started -- the reason you don't put in the entire buffer now with -- for all phases
and, then, it's already there and all the sidewalks are in there and the landscaping is there.
Can you not do that on the other -- because -- on the other phases that you haven't
started yet, as opposed to putting the whole thing off, do the whole thing ahead of time.
McKay: We have done that before, but when we have a site like this that we have to do a
significant amount of grading because of changes in elevation, then, we end up tearing
into it. So, we usually -- it's -- normally we will go ahead and with each phase put in that
arterial buffer. Typically that is what we do. This -- this particular project it's odd that we
are in the middle of that arterial buffer frontage with this phase. So, that's why I thought I
would ask. If, obviously, the Council deems it that they would prefer the buffer in, then,
that's what we will do.
Milam: Thank you.
De Weerd: Okay. Any other questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I guess I would ask staff. I think it's our regular request and maybe part of the
ordinance, that perimeter landscaping goes in with phase one. Just looking for an opinion
on whether we could or should --
De Weerd: Mr. Zaremba, can you move closer to your mike.
Zaremba: Sorry. Question of whether we would be starting a bad precedent if we allow
this or are there circumstances that would make it okay this time?
Meridian City Council
June 23, 2015
Page 10 of 40
Watters; Madam Mayor, Councilman Zaremba, Councilmen, at a minimum, Councilman
Zaremba, it would be installed with each phase that abuts the arterial. Sometimes with
the preliminary plat, if there is a -- especially in this instance where there is a school
nearby, we would probably require the whole sidewalk at the very least to be constructed
up front.
Zaremba: Okay. Thank you.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: To that point, wouldn't it -- why wouldn't it be required to be constructed with
phase one with this project?
Watters: Madam Mayor --
De Weerd: Probably because you didn't ask for it to be.
Watters: This project came in before the school property did.
De Weerd: Not to you you, but you Council.
Watters: It's not always a requirement. It just kind of depends on the individual site and
what's going on around it.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: It appears that if this is installed adjacent to this phase is that not a -- I don't
understand the connectivity that creates if it's not attached to anything on either side.
What does that help?
Watters: It's -- Madam Mayor, Councilman, it's not necessarily going to help anything at
this point until Kodiak is extended to Linder Road. At least for the school. But it is a -- like
you said, it is adjacent to this phase, so we typically include the buffer with the adjacent
phase. Especially when that -- the Kodiak section gets installed, then, they will have a
pathway connection -- follow my arrow here --
Borton: Right.
Watters: -- up north and, then, along Kodiak down to the school site.
Borton: Is that phase three to the north?
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June 23, 2015
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Watters: I'm not positive.
De Weerd: Becky, do you want to come and talk about what is currently in. That might be
helpful.
McKay: Okay.
Watters: Does this show better, Becky, or would you like the other view?
McKay: So, this -- this is the school property right here. We have extended Kodiak to this
point right there, which is a collector roadway, and you can see this is phase one. So,
none of the Linder Road buffering was completed with phase one, because it -- none of
the Linder Road frontage was included. We did complete our Stoddard frontage and
sidewalk. We also have a micropath right here, right here through our mid block, and,
then, we installed a ten foot multi -use pathway for bikes and for pedestrians along the
south side of the collector Kodiak. So, what Sonya indicated is we do have a micropath
right there, so the only existing sidewalk on Linder is right there at Southridge on that west
side. I think they have got it to that point. So, in theory, if we extend sidewalk we could
get -- pick up some pedestrian traffic that could go to the school that direction. I'm kind of
leaving it up to the Council. We thought we would ask. If the Council thinks that because
the school is going in it's imperative that we get that in, you know, with this phase, then, so
be it.
Borton: Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Becky, what if -- what if it was a phase plus a date certain?
McKay: It will open in the fall of '16.
Bird: That's the middle school?
McKay: Yes. I think they are on the fast track --
Bird: I knew that Hills -- I knew Hillsdale was, but I -- I didn't know the middle school was.
McKay: I guess it would probably be easier, to be honest with you, just to go ahead and
put it in with this phase, that stretch, if it makes things simpler, instead of trying to come
up with a date.
Bird: Thank you, Beck.
McKay: You know, we want -- we want to make safe routes to school.
Meridian City Council
June 23, 2015
Page 12 of 40
Bird: Thank you.
McKay: We don't want to cause any hardship. We just thought we would ask.
De Weerd: Thank you.
McKay: Thank you.
Bird: Want it done by the time school starts.
McKay: Yeah.
De Weerd: Okay. Council, do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approval FP 15-021 and to include staff, applicant comments, and that
would include leaving in Item 4-B and 5-B.
Zaremba: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call
roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Public Hearing: PP 15-008 Normandy Subdivision by Schultz
Development Located at 4145 S. Locust Grove Road Request:
Preliminary Plat Approval Consisting of 110 Building Lots and 9
Common Lots on 26.93 Acres of Land in an R-8 Zoning District
De Weerd: Item 7-C is a public hearing on PP 16-008. 1 will open this public hearing with
staff comments.
Watters: Thank you, Madam Mayor, Council. Next application before you is a request for
a preliminary plat. This site consists of 26.93 acres of land. It zoned R-8 and is located at
4145 South Locust Grove Road on the west side of Locust Grove south of East Victory
Road. This property was annexed and zoned and preliminary platted in 2007 for the
development of single family residential homes. A development agreement was not
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June 23, 2015
Page 13 of 40
required as a provision of annexation. A couple of time extensions were approved for the
preliminary plat, but the plat later expired. So, this is a new preliminary plat. The
proposed plat consists of 110 building lots and nine common lots on 26.93 acres of land in
an R-8 zoning district. The plat is proposed to develop in three phases as shown on the
phasing plan on the right. Although the second and third phases are not labeled, the
applicant states the second phase will probably be the one south of phase one along
Locust Grove. The first phase will incorporate both access points. So, that will be this top
one. The gross density for the subdivision is 4.1 dwelling units per acre and the net
density is 6.8 dwelling units per acre, with an average lot size 6,398 square feet, with
homes ranging from 1,300 to 2,800 square feet in size. One access via South Locust
Grove Road is proposed along with the extension of the stub street, South Picasso
Avenue, at the north boundary, which will provide a secondary access via Chatsworth
Subdivision to the north. The master street map depicts a future roundabout at the
northeast corner of this site. However, ACHD is requesting it be removed from the master
street map. A 25 foot wide street buffer is required along South Locust Grove Road, an
arterial street, as proposed. A minimum of ten percent qualified open space is required to
be provided for this development, along with one site amenity. Based on the area of the
preliminary plat, a minimum of two six -- 2.69 acres of qualified open space is required to
be provided. The applicant is proposing a total of 2.73 acres or 10.13 percent as qualified
open space. The application proposes playground equipment for the tot lot as a site
amenity. The applicant has submitted four pictures of typical sample building elevations
for future homes within this development as shown. Building materials appear to consist
of a mix of horizontal and vertical siding, with stone and brick accents. Staff recommends
that the rear and/or size of homes on lots that face South Locust Grove Road incorporate
articulation through changes in materials, colors, modulation, and architectural elements
to break up monotonous wall plains and roof lines. The Commission recommended
approval of the proposed preliminary plat. Matt Schultz testified in favor. No one testified
in opposition or commented and written testimony was received from the applicant's
representative Matt Schultz. Key issues of discussion by the Commission. There were
none. There are no outstanding issues for Council. Written testimony since the
Commission hearing was submitted from Matt Schultz in agreement with the staff report
and Brian and Judy White. You should have a copy of their letter in your packet. Staff will
stand for any questions Council may have.
De Weerd: Thank you, Sonya. Council, any questions?
Bird: I have none, Mayor.
De Weerd: Okay. Would the applicant like to make comment?
Schultz: Good evening, Mayor and Council. Matt Schultz. 8421 South Ten Mile in
Meridian.
De Weerd: Thank you.
Meridian City Council
June 23, 2015
Page 14 of 40
Schultz: I'm here for the Normandy Subdivision. This is a project that I have been familiar
with for a long time now. I originally brought it through back in -- started working on it in
2006 and it was approved in 2007 in a very similar format as this and the same number of
lots and it was annexed and zoned back then an R-8. Even though you're voting on it
tonight -- on the annexation again, I believe that I would bring the same project forward
again at an R-8, given the fact that we have R-8 to the north, R-8 to the south it fits. We
meet all the requirements of the R-8 zone. You have a very ample landscape ordinance,
that ten percent, and as you can see it takes up a good -- a good percentage of our site, a
nice centrally located park, and I think Meridian has a very good open space ordinance
that sets it apart from all other cities, so it makes it nice -- one of the things that makes it
nice. We have good interconnectivity. Utilities are all at the site. There is not ground
water or rock. It's one of those sites that every once in a while, not very often, you get
them to -- everything seems to kind of fall in place and this is one of those where it makes
sense and it's a good mix of -- of the two and three car garage product. Two of the lot
sizes -- we didn't go down to the absolute minimums, but we went down to something that
was efficient and a lot of good mix of housing products and housing sizes. With that we
concur with staff's recommendation for approval and hope to get going on the first phase
probably over winter and get this time with next homes going up. And our first phase, like
Sonya said, excuse me, does bring in both accesses. The one to the north is the existing
subdivision, as well as Locust Grove to make sure we have got our -- get emergency
access, as well as water looping with that first phase. So, that's what dictated how that
first phase looks. We probably wouldn't have done that had it not been for that, but it
meets code that way, so -- I will stand for any questions. Thanks.
De Weerd: Thank you, Matt. Any questions from Council?
Bird: I have none.
Rountree: None.
De Weerd: Thank you. This is a public hearing. Is there anyone who would like to offer
testimony on this item? Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Seeing no testimony, I'd move that we close the public hearing on Item 7-C, PP
15-008.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All
those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Meridian City Council
June 23, 2015
Page 15 of 40
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move that we approve Item 7-C, PP 15-008, Normandy Subdivision, to include
all staff and applicant comments.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 7-C. Any discussion from
Council?
Bird: I have none.
De Weerd: Madam Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
D. Public Hearing: AZ 15-003 Shelburne Subdivision by Shelburne
Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane
Request: Annexation and Zoning of 30.21 Acres of Land with an
R-4 Zoning District
E. Public Hearing: PP 15-005 Shelburne Subdivision by Shelburne
Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane
Request: Preliminary Plat Approval Consisting of Seventy -Eight
(78) Building Lots and Fifteen (15) Common Lots on 30.2 Acres
of Land
F. Public Hearing: VAC 15-006 Shelburne Subdivision by Shelburne
Properties, LLC Located 3405, 3497 and 3801 E. Zaldia Lane
Request
De Weerd: Item 7-D, E and F are public hearings on AZ 15-003, PP 15-005, and VAC 15-
006. 1 will open this with staff comments.
Watters: Thank you, Madam Mayor, Council. The next applications before you are a
request for annexation and zoning, preliminary plat, and a vacation of easements. This
site consists of 30.21 acres of land. It's currently zoned RUT in Ada County and is located
at 3405, 3497, and 3801 East Zaldia Lane. The applicant has applied for annexation and
zoning of 30.21 acres of land with an R-4 zoning district, with a request for a step down in
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June 23, 2015
Page 16 of 40
density shown on the future land use map for this property from medium density
residential to low density residential, the Comprehensive Plan allows requests for other
residential densities in residential areas to be considered without the requirement of an
amendment to the future land use map, provided that the change is only one step. For
example, from medium density to low density. This is a view of the existing site
conditions, the existing homes on the property. As you can see here there is -- see this
little green dot? There is one home here, one home here, and one home here. The
preliminary plat depicts 78 building lots and 13 common lots on 30.21 acres of land. The
property is proposed to develop in two phases as shown on the phasing plan. The gross
density for the subdivision is 2.58 dwelling unit per acre, with a net density of 4.33
dwelling units per acre. The average lot size is 10,090 square feet. Access is proposed
for this development via access at the northwest corner from East Zaldia Street via South
Eagle Road. A secondary emergency access will be provided prior to development of
phase two. Direct lot access to the proposed collector street is prohibited. The collector
street are this street right here, Zaldia, that turns into Elliana and comes out to Howry
Lane. This is also a collector that runs north -south. The existing home proposed to
remain on Lot 5, Block 6, is proposed -- is proposing an access via East Elliana Drive, a
collector street, due to the existing topography of the land in this area. Council approval
of the access is required and that is the existing home here on this parcel. A roundabout
is depicted on the master street map at the northeast corner of this site. ACHD is
recommending a modification to the master street map to remove the roundabout from the
map. Block 6 where the pond and large common area is located exceeds the maximum
block length allowed of 750 feet. That is this block length right here. The applicant is
requesting Council approval of a block length up to 1,200 feet, as allowed by the Unified
Development Code due to the block design being constrained by the pond and
topography in that area. A minimum of ten percent or 3.02 acres of qualified open space
is required to be provided for this development. A total of 4.3 acres or 14.5 percent is
proposed. A minimum of one qualified site amenity is required. The applicant proposes a
gazebo on the island in the pond and some picnic tables on the north side of the pond as
amenities. The little island they are talking about is right here. The pond is required to
have recirculated water and be maintained such that it does not become a mosquito
breeding ground. As a water amenity, the pond is also required to have banks no steeper
than one foot vertical for every four feet horizontally, with a depth and velocity in accord
with UDC standards. There are existing homes and associated accessory structures on
the site that are proposed to remain on the building lots within the subdivision. There is
an accessory structure on the existing Shoemaker property that is proposed to be located
on the adjacent Lot 4 while their home is proposed to remain on Lot 5, Block 2. This
home right here is the Shoemaker property and their accessory structure will be located
on this lot right here where they plan to build a new home and retain the accessory
structure. City code does not allow an accessory structure to be located on a property
without a primary structure. Therefore, staff is recommending the common lot lines
between Lots 4 and 5 is reconfigured to include the accessory structure on Lot 5, which
would allow the Shoemakers to construct a new home and later apply for a property
boundary adjustment to shift the lot line between the two properties to include the
accessory structure on their new property. The applicant has submitted seven photos of
sample building elevations for future homes within this development included on the
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June 23, 2015
Page 17 of 40
screen before you. Building materials appear to consist of a mix of stucco, board and
batten, lap siding, and cultured stone wainscot with architectural shingles. These are
photos of the existing home that is on Block 6 that it is the -- the block here that contains
the pond and this just -- the photos kind of demonstrate the topography in this area, how it
slopes up behind this house. The applicant has also submitted a request to vacate the
existing public utilities drainage and irrigation easements on the portion of the site that
was previously applied with Zaldien Zerua Subdivision as shown here like a grid. All of
the easement holders have granted consent for vacation of these easements. The
Commission recommended approval of the annexation and zoning and preliminary plat
request. Bradford Deadman and Randy Clarno testified in favor and Lonnie Stiles, John
-- Sean Oldman commented on the application. And written testimony was received from
Janie Peters, Cindy Pixley, and Lonnie and Bonnie Stiles. Key issues of discussion by the
Commission. They were supportive of the step down in density from medium density
residential to low density residential and transition to existing residences. They did not
change anything in the staff recommendation. Outstanding issues for City Council tonight
is the Block 6 where the pond and large common area are located that exceeds the
maximum block length of 750 feet. The applicant is requesting Council approval of a
block length up to 1,200 feet as allowed by the UDC due to the block design being
constrained by the pond and topography of the land. The applicant requests a step down
in density from medium density residential to low density residential as allowed by the
comp plan without an amendment to the future land use map. Third, the applicant
requests approval for the accessory structure that exists on the proposed Lot 4, Block 2,
on the Shoemaker property to remain until the primary structure can be built. That, again,
is this property right here. The applicant lastly requests approval of one access via East
Elliana Drive for the existing home proposed to remain on Lot 5, Block 6, right here. This
access requires Council approval of a waiver to UDC 11 -3C -3A for direct lot access via a
collector street. Written testimony since the Commission hearing has been received from
Cindy Pixley. You should have a letter in your packets from her stating her concerns and
a letter from the Kirsti Allphin, the applicant's representative, in response to the staff
report. You should also have a copy of her letter. Just a couple other items. From her
letter that staff is agreement with is she requests the qualified open space requirement not
include the storm drainage area, which results in 13.2 percent qualified open space. Staff
is agreeable with this change to condition number 1.1.1 D and second removal of condition
number 1.12C and 1.13G, which requires a separate common lot to be provided for a
landscape strip adjacent to lots not taking access via the common driveway. Staff is
agreeable with this change, as the landscape strip can be included in the common lot for
the driveway. Staff will stand for any questions Mayor and Council may have.
De Weerd: Thank you. Council, any questions for staff at this time?
Bird: I have none, Mayor.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Meridian City Council
June 23, 2015
Page 18 of 40
Rountree: There appears to be an access coming out of the north of this proposed
subdivision to some homes to the north. Is that by easement? Is that going to be a
private drive? What's the situation with -- with that approach out of this subdivision?
Watters: Madam Mayor, Councilman Rountree, this is a public stub street that is provided
with this subdivision. It is a private drive. I believe it's in an access easement for those
lots to the north. You can see them a little better on here.
Rountree: Thank you.
De Weerd: Any other questions?
Bird: I have none.
De Weerd: Okay. Would the applicant like to make comment? Thank you for joining us.
If you will, please, state your name and address for the record.
Clarno: Good evening, Mayor and Members of the Council. My name is Randy Clarno.
I'm the managing partner for Shelburne Properties, LLC. Address P.O. Box 8265, Boise.
83707. Just to give you a little background on this. We -- we have had a number of
issues to work through, mainly the collector roadway of Zaldia and what we are calling
Elliana Drive. ACHD's plan -- the city's plan originally called for it to be north of the pond
or, actually, encroaching into part of the pond and run along that existing private
easement that serves those four or five acre tracts. When we met with the neighborhood
they didn't like that and they didn't think it was a good -- good location and after we
studied it some more we didn't think it was a good location either, because it would have
impacted the pond probably so much that we would have had to have filled it, removed it,
plus there are a number of trees -- very large mature trees on the north side of that pond
that we wanted to preserve. So, we moved the road as you can see south into the site.
That -- that created some other issues that I think through meeting with the neighborhood
and reaching out to the neighborhood and working with staff that we have addressed that
we think are adequate. But I just want to point out that we have reached out to -- to all the
neighbors. We have a couple of individual meetings outside of the neighborhood meeting
that we are required to have to address concerns. Sandy Pixley is somebody that we
have met with, although I wasn't aware of a letter that she's written for this meeting. I
have seen a letter that she wrote for P&Z. Was that the letter you were referring to?
Okay. So, I don't know what she said in that letter, but I know that they -- the residents of
Napoli -- the Napoli development, which is to the west, were concerned about several
things, mainly about drainage, what we were going to do with the grading on the site, how
the homes next to them would appear relative to their homes, and so we met with them
one evening, went through all that, discussed it, have agreed to do some things there to
help alleviate some of their concerns. So, I believe we have addressed that. The nature
and character of the project is going to be a little more upper end project. I developed the
Kingsbridge -- the original Kingsbridge project to the north. Boise Hunter Homes finished
it years later after we held onto the land for four years during the crash and suffered
through that, but we want to see something of a similar character and quality on this
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June 23, 2015
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project and we have already been discussing that with a number of builders in the area
that are very excited about -- about this project. The pond is -- if you haven't seen the
pond, if you haven't been out there, it's gorgeous. The one photo in that lower right-hand
corner of the color plan that you have kind of shows that. That was taken by a friendly
drone and it's a great -- great photo. It kind of represents -- it shows what's there and we
are going to put a gazebo on that island, something nice, and, then, on the north side of
the pond we are going to put in some -- probably some benches and some picnic tables
so that the residents there can enjoy that -- that water feature. We are pretty much in
agreement with everything in the staff report and what Sonya has described. We -- we do
want to just reiterate that the - the home that is the Shoemaker home -- the Shoemakers
are one of the sellers of this -- of this property and their plan is to build a big beautiful
home on -- on that larger lot there. If Council is able to, we would just -- we would prefer
not to have to go through the lot line adjustment process later. I will be acquiring that
house and I would -- I want to -- to resell the house as soon as possible. A lot line
adjustment would delay that process a number of months. I would prefer not to do that.
Plus I don't know -- there is -- the barn on the property right now is nice, it meets setback
requirements for accessory structures, I don't know that there is any need to -- to make us
go through an extra process unnecessarily. So, I would request that. The block length,
as Sonya has described, you know, we are constrained by several things there.
Obviously, the -- the linear fashion of the pond -- shape of the pond. The -- just to the
east of the pond we did look at one time at putting a road up just to the east side of the
pond, but discovered that the topography of the design of the road would have to wipe out
many very nice trees and would stub a road right into that property to the north of us
where you can see is a nice house. So, we didn't think that was appropriate. And in the
middle of that is where the house is, the existing home, and, then, of course, to the east is
the best location, because of how it lines up with Howry and ACHD agreed with that. So,
we are asking for your approval to make the block length longer than normal. The access
to Elliana to the one home there to the east, similar circumstances. You saw the photos,
the photography, to force a driveway down into that home from up above and, then, turn it
sharply and try to make it look appropriate for the front of the house facing south is just a
great, difficult challenge and it didn't make any sense and it would not -- the home just
wouldn't look right and we don't know that there is any -- anything really compromised by
allowing one driveway access on this 1,300 foot stretch of roadway, plus we can use the
access or we can have a joint access for maintenance to the common area and the pond
-- use the same access. One last thing that we -- that we request is that -- I don't know
that it was stated clearly in the staff report, but we are asking that the sidewalk on the
north side of Elliana in front of the pond, that we be allowed to make that sidewalk
adjacent to the curb, as opposed to separating and the reason for that is there is some
really nice trees along the south side of that pond right now and if we were to separate the
sidewalk we would have to take all those out and replant trees and we don't think that's
really appropriate. We'd like to just use the trees that are there. I have addressed all the
concerns I have. Do you have any questions for me?
De Weerd: Thank you. Council, any questions?
Bird: I have none, Mayor.
Meridian City Council
June 23, 2015
Page 20 of 40
De Weerd: I don't see any. Thank you. I did have a couple of people sign up to -- when I
read your name if you would like to provide testimony at that time I would invite you
forward. John or Beth Freeman signed up as neutral or did indicate. Do you have
anything you would like to add? Okay. Bradford Deadman. Deadman. Thank you.
signed up as for. So, is there anyone who would like to provide testimony on this item? It
is somewhat rare to see someone ask for less density, which we always appreciate. So,
Council, any questions for staff or applicant?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: We did have some -- some written testimony and it would be nice to see those
issues addressed. I don't know if we need to read the -- or --
De Weerd: Yeah. I'm afraid I'm not really understanding it myself, so -- Sonya -- would
the applicant like to come forward and maybe, Sonya, you can summarize what -- what
was brought up in the -- the letter. I could read it verbatim, but --
Milam: There is three of them, Madam Mayor.
De Weerd: Yes. If you could just summarize what the --
Watters: Yes, Madam Mayor. I did include a slide that shows the Pixley residents here at
the west boundary of the site. Bear with me here. One concern they have is that the land
immediately behind their backyard is currently a hay field and irrigated with the runoff
collection -- collecting in a ditch behind their fence and running into drains. Their land is
actually higher, because of fill in the irrigated land. I will just read this portion of it. For
example, my fence lawn to the top is only four and a half feet tall. After looking the
situation over Mr. Clarno stated that the top soil on the land behind this will need to be
moved to the east side of the development where it's needed and the gradation of the land
will, then, slope towards the main road that will run into the subdivision for those homes
and drain to the street and into the main drainage. The houses behind us could end up
much lower than we are. That's their first concern. Second concern was the structure of
the houses placed directly behind them. Some of these homes will be north and south,
where all of their homes are west and east. We request that single family -- excuse me --
single level homes be placed behind us to alleviate the loss of the view that we now have.
Mr. Clarno did not directly say that this could be done, but proposed to the builders that
the city wanted this. Their other concern was the irrigation water used by the new
subdivision and if it would affect the Napoli Subdivision. Mr. Clarno stated it would not
affect the source for irrigation water. He stated that possibly in the future we could be
connected to the irrigation system of the new subdivision, instead of receiving water from
Kingsbridge. These are some of the concerns we shared and I have encouraged the
other homeowners affected to communicate their concerns also.
Meridian City Council
June 23, 2015
Page 21 of 40
Clarno: Was that the only letter?
Watters: No. This is the one to Council. There was one previously to the Commission.
Clarno: Yeah. Okay. Could you put the color plan back up there and I can address
those. We did talk about all three of those items at that meeting. As we have talked
about the fill first, the grading. Those are five lots -- we are proposing five lots against five
lots and those -- those -- you know, our lots would be more east -west. If that house
wasn't in the way, we would have run our road more north -south, but because of the
position of that house the most efficient layout is the one that we have there. Otherwise, it
would be east -west against east -west. I made those lots that have -- that are north -
south wider than normal for that reason. But in terms of the grading, they -- she's right, a
lot of that land is higher than our land, probably two to three and a half feet or so and
there is a ditch that runs down there, it's an irrigation ditch. We are going to bury that or
relocate it, so it won't be an issue and if it's determined that water drains off of their lots
into that ditch we will accommodate water as we are required to. So, the drainage issue is
not an issue to me. The grading -- we are going to try to grade the site from west to east,
so that our land, which is already three feet lower than their land, would be -- our high
point and our low point would go further east. That would help with some of their
concerns on height. I think it's been known that this land would be developed at some
point in time. I have done everything I can to try to lessen the impact. They do have
some view. They don't all have views. I told them that I would put building envelopes on
those lots and meet with them again and talk about those building envelopes to see if --
you know, the views are going to get cut up a little bit, but I will try to, you know, preserve
a view from a particular room in their house or something. I have done that before in
Eagle successfully. I can -- I think I can do it here. But just not going to be able to make
them completely satisfied I'm sure a hundred percent. The other thing is is on the
irrigation, since I did Kingsbridge I'm aware of the agreement that Kingsbridge has with
Napoli. They had no water. Kingsbridge barely had enough water. We shared some of
that with them. It's kind of a problem for them. But this site has plenty of water. Probably
more than it needs. So, I told them that I would -- you know, as soon as I know exactly
what I have to -- excess I have to share, we will sit down and talk about it and see if we
can't help their situation a little bit. Did that answer your --
Milam: I think so. Yeah.
Clarno: Okay.
Milam: Thank you.
Clarno: Is that good? All right.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
June 23, 2015
Page 22 of 40
Zaremba: While you're still here, a couple of the other depictions -- not the one we are
looking at the moment, appear to show that ACHD is contemplating a roundabout on the
northeast end of your property and would be taking up one of your building lots I'm sure
and connecting to what is now a private lane -- since you moved where Zaldia is going to
connect with that street have they discussed moving that roundabout?
Clarno: They have decided not to do the roundabout.
Zaremba: Okay.
Clarno: They still want a road to go east as a collector. It could happen up there at that
point or it could happen --
Zaremba: Thank you,
De Weerd: Okay. Thank you. Okay. Council, any further information needed from staff
or the applicant? Or any of the neighbors out there? If not I would entertain a motion to
close.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearings on AZ 15-003, PP 15-005 and VAC 15-006.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 7-D, E
and F. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 15-003 and to include all staff, applicant, and public
comments.
Milam: Second.
De Weerd: I have a motion and a second to approve Item D. Any discussion from
Council? And is this -- would the consideration from the applicant be under AZ?
Bird: You mean the streets?
Meridian City Council
June 23, 2015
Page 23 of 40
De Weerd: Are we doing a DA?
Watters: We are.
De Weerd: To require the house -- the --
Watters: I would recommend that's included as a provision in the development
agreement. For the accessory structure to remain -- primary structure?
Bird: Oh, the existing structure -- that would be in the zoning.
Watters: Yeah. A particular provision of the development agreement.
Bird: Then I would include that in -- in my motion --
Watters: Please. Yes.
Bird: -- that the structure be included in the DA.
Milam: Second agrees.
De Weerd: Okay. If there is nothing further, Madam Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Item 7-E.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve PP 15-005 and that also in my motion includes leaving -- having
no detached sidewalk at the south side of the pond -- existing pond, so that the trees can
remain and the sidewalk will be part of the curb and gutter.
Milam: Second.
De Weerd: I have a motion and a second. It's hard to approve the plat before approving
the variance when you extend the block length; right?
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June 23, 2015
Page 24 of 40
Watters: It actually is not a variance, Madam Mayor, it's included as a waiver as part of
the plat, yeah, if you would, please, speak to the block length and also the existing
collector. If you're approving that or not, please.
Bird: I am approving that.
Watters: Thank you.
Bird: That was part of it.
Watters: Thank you.
De Weerd: Okay. Anything further from Council? Okay, Madam Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. That is VAC, not VAR.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve VAC 15-006, include staff, applicant, and public testimony.
Milam: Second.
De Weerd: I have a motion and a second to approve Item 7-F. Any discussion? Madam
Clerk.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8 Department Reports
A. Continued from June 16, 2015: Legal and Fire Departments:
Memorandum of Understanding and Agreement between the City
of Meridian and the Meridian Rural Fire Protection District
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June 23, 2015
Page 25 of 40
De Weerd: Okay. We will move to Department Reports. Item 8-A is continued from June
16th that has been requested to move to July 7th. Do I have a motion?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue the Legal and Fire Department Memorandum -- MOU between
the City of Meridian and Meridian Rural Fire Protection District to July 7th, 2016.
Milam: 2015.
De Weerd: 2015.
Bird: 2015.
Milam: Second.
De Weerd: We don't want to move it that far away. Okay. I have a motion to continue
this to July 7th of this year. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
B. Legal Department Report: Updates to Meridian City Code to
comply with updates to Idaho Code and to reclassify penalties
De Weerd: Item 8-B is a report from our Legal Department.
Nary: Thank you, Madam Mayor, Members of the Council. Just a brief update on what
the -- Item C is an amendment to the City Code. It's to meet some requirements that were
passed by the legislature that go into effect July 1st, so we wanted to make sure our code
references were changed prior to that date. There is a couple of them that have some
impact on how we do things. First there is a new section of the Idaho Code now called
the Transparent and Ethical Government Act. What they did is they combined a bunch of
different sections of the Public Records Act, Open Meeting Law, Executive Sessions
provisions, Ethics in Government provisions, all into a new code section. They didn't
change the text of those sections, they just changed the numbers. So, we have provided
you a little card to help with the executive session, since the numbers are different and we
have all gotten used to the other -- the other numbers. It also had two provisions that will
probably never have an impact on us at all. One is there are increased fines for violation
of the open meeting law and there is also the labor negotiations are now mostly held in
public. There are sections that allow for certain provisions of the labor negotiations with a
collective bargaining agreement like our fire department that can still be done in executive
session, but the general sessions of negotiations are now in public. There are other
updates to move certain criminal offenses from misdemeanors to infractions. Part of that
is a movement by the state to eliminate as many misdemeanors that are of lesser impact
Meridian City Council
June 23, 2015
Page 26 of 40
or lesser offense types of cases. These ones are curfew violations, fireworks violations,
and minor tobacco. There are also some updates to the city code. They have also
requested city to evaluate certain types of violations. We had three more that we found
that could be infractionalized and those were regarding barking dogs and dogs at large,
and public urination offenses. There were also some areas that have been codified in the
state code now that we have now removed from the city code, since they are now in state
code and preempted by -- by those, so those are regarding cruelty to animals, adoption of
the state criminal code, there is a specific provision in the city code, malicious injury to
property, trespassing, illegal smoking products, including Spice. Minors in possession of
alcohol. Encouraging delinquency of a minor. Runaways. Adoption of state vehicle laws
and speeding in a school zone. Those are all now in the state code and so we would
simple go with those. And, finally, we removed one section that dealt with minors being in
pool halls and we didn't find that to be as serious of an offense as it may have been back
a hundred years ago or so. Well, we know that trouble begins with capital T and it rhymes
with P and stands for pool. We didn't think it was really necessary to keep that in the code
book. So, all of these are really cleanups. They are, again, effective -- will be effective
before July 1st, which the state code requires, and I would stand for any questions.
De Weerd: Council, do you have any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just for clarity on the open negotiations with -- with unions. That doesn't
necessarily mean they have to happen at a city council meeting, I'm guessing it means
that the committee that normally meets to discuss that has to now post your meetings and
youragenda.
Nary: Madam Mayor and Members of the Council, Council Member Zaremba, yes, and
the --the long lawyery answer is that there is a lot of lack of clarity and there is a five year
sunset clause in this code, so I think there is going to be some changes to the law over
time. In fact, some of the language in the law basically says do your best to do what it
asks as correctly as you can, but it's not very clear. But it does -- it is clear to me that a
committee which we will now instead of doing it informally, we will formally have the
Council at some point adopt and recognize that committee, will then operate like any other
committee or commission or the Council, with the meeting requirements, noticing of the
meeting minutes, recording the meetings, those kinds of things. Most of that we already
do, we just don't really don't have them in public. So, that's really the change which won't
impact us greatly, but it's a little bit different from a logistical standpoint to make sure the
noticing and all that's done the same as other committees are.
Zaremba: Thank you.
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June 23, 2015
Page 27 of 40
C. Ordinance No. 15-1647: Updates To Meridian City Code To
Comply With 2015 Updates To Idaho Code And To Reclassify
Violation Penalties
De Weerd: Anything further? Item 7-C is Ordinance 15-1647. Madam Clerk, will you,
please, read this by title.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1647, an
ordinance of the City of Meridian in Ada County, Idaho, amending or repealing the
following provisions of Meridian City Code: Section 1-7-5C regarding City Council
meetings. Section 1-14-7 regarding statutory standards. Section 6-4-11) regarding
juvenile curfew. Section 6-4-2 regarding minors in possession of cigarettes or tobacco.
Section 5-4-12A regarding penalties for fireworks code violations. Section 6-2-8A
regarding barking dogs. Section 6-2-813 regarding cruelty to animals. Section 6-2-8D
regarding dog at large in public place. Section 6-3-1 regarding adoption of Title 18 Idaho
Code. Section 6-3-4 regarding malicious injury to property. Section 6-3-5 regarding
trespassing. Section 6-3-9A regarding public urination. Section 6-3-11 regarding unlawful
sale and possession of illegal smoking products. Section 6-4-3 regarding minor in
possession of alcoholic beverage. Section 6-4-4 regarding minors in pool halls. Section
6-4-5 regarding encouraging delinquency. Section 6-4-6 regarding runaways and
delinquents. Section 7-1-1 regarding adoption of state vehicle laws. Section 7-1-6C
regarding speed restrictions in school zones. Adopting a savings clause and providing an
effective date.
De Weerd: I think we needed to add a few more of those. Is there anyone who would like
to hear this read in its entirety? Seeing none.
Milam: Madam Mayor?
Zaremba: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve Ordinance No. 15-1647 with suspension of rules.
Bird: Second.
De Weerd: I have a motion and a second to approve this ordinance under 8-C. Madam
Clerk, will you call roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Meridian City Council
June 23, 2015
Page 28 of 40
D. Public Works: Budget Amendment for FY2015 in the Amount of
$175,000.00 for Well 27 Water Treatment Facility Equipment
Procurement
De Weerd: Item 8-D is under our Public Works Department.
Radek: Madam Mayor, Council Members, we are bringing forward a budget amendment
of 175,000 dollars for filter equipment procurement for Well 27 water treatment facility.
This is year one of the KIA project, which includes bio testing equipment specification
development and equipment procurement. The bio testing and the specification
development have been completed, so the equipment needed -- and the equipment
proposals have been evaluated. Cost of the equipment for the winning proposal is more
than the FY -15 project budget, so the 175,000 dollars was needed in order to award a
contract for the equipment. The reasons this -- this is our third water treatment facility that
we have procured equipment for. So far we have scheduled 600,000 dollars for the first
year, which is the design, product testing, and equipment procurement and it has worked
out fairly well for the first two. This third one, Well 27, turned out a little different. It had a
larger capacity, so you have to treat more water and it has a smaller sewer capacity near
the -- near the facility, so the back flush, even though it will treat more water, the back
flush from the filter is less, so what that means is the filter has to end up with more cells,
so you have a more expensive filter. We also have a difference supplier for this third filter,
which the equipment procurement is not necessarily a low bid. In fact, it's not a low bid,
it's a -- it's a qualification bid for equipment procurement. So, this different supplier was a
little more expensive than the other supplier. We were able to negotiate down the price
after we chose the equipment. But they were -- they were awarded largely based on the
-- the customer service that they provided at United Water in the past and their ability to
provide training and customer service to us and our first two equipment procurements with
the different supplier we have been a little less than satisfied with their ability to provide us
customer service when we needed it. So, those are the reasons and, again, we are
asking for 175,000 dollars so we can procure this equipment and we will build this facility
starting next spring and finish it next summer and it will be our third facility. And I will
stand for any questions.
De Weerd: Thank you, Kyle. Any questions from Council? So, I guess I -- I have a
question. If you need the money now, but it won't be done until next budget year, why
doesn't it need to be in the next budget year's --
Radek: Madam Mayor, this is a two year project. During the first year we do the design
and pilot testing to procure the equipment and, then, we put out a qualification based
selection to get the equipment, say, hey, we need a -- we need a filter that will treat the
water with this chemistry to this degree and we have manufactures that bid on that or
submit a qualifications based selection submittal on that and we need to contract for that
equipment and, then, when we -- when we get a contract for the equipment, then, our
designer can design the building around that equipment. Some of the steps we are going
through on this kind of a project. So, we won't be able to complete the design until we get
this contract, which is, you know, in the next few weeks, provided that this amendment is
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June 23, 2015
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approved, then, our designer Keller Engineering can start designing the building around a
piece of equipment and have that design done by -- by October and, then, we get our
funding for the building. We start the building in -- well, we bid it out in October, start the
building in late winter or early spring, and, then, get it done next summer.
De Weerd: So, it's the second phase under next year's budget?
Radek: That is correct, Madam Mayor.
De Weerd: So, that was in front of Council last week.
Radek: That is correct.
De Weerd: Okay. And is there a time sensitivity that we need to do this right now and not
do it all in one budget year?
Radek: Madam Mayor, yes, if we wait until the next budget year we -- we won't have
equipment -- it's about 130 days lead time on getting the equipment going and we can't
start designing the building until we procure the equipment contract. So, rather than
Keller starting on design in two weeks, Keller would have to start design in October or
November. So, it would just push it all back. And I don't know if we would be able to --
actually, if we started design in October and November I'm not sure we would be able to
complete the project in the next fiscal year.
De Weerd: Okay. Thank you. Any questions from Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: In light of your questions -- you asked good ones that are, quite frankly, relevant
to both of these that there is an ability to do them now. There isn't necessarily an urgency
or lost opportunity, other than time, in doing them now. This one in particular and the next
one anymore so we can talk about that, too, but I struggle with -- with this magnitude of a
budget for these two items, you know, 90 days before the next budget cycle, if there is not
a real immediacy to them. They are sizeable and I'm not sure of the need to do them right
now.
Bird: Madam Mayor?
Radek: Councilmen -- Madam Mayor, Councilman Borton, I guess let me clarify. If we
don't contract for the equipment purchase now, we won't be able to contract it until the
next fiscal year. We won't have the money to contract for it. That will move our project
back four or five months and we will be coming back to ask for that 175,000 dollars again
and probably more than that when we -- or possibly more than that when we -- when we
have to build the building and we will likely not be able to build that building in the next
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June 23, 2015
Page 30 of 40
fiscal year if we do that. So, that's an option. Also I don't know if -- if our -- if our contract
that's before us now would be honored if we said thanks for the submittal, vendor. We are
going to think about it for four months and, then, come back to you, we might not get the
same contract. In fact, I doubt we would get the same contract. They will have different
prices. So -- so, not getting this budget amendment now does have some cascading
effect on us.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I realize we are only discussing one project at the moment, but considering all
of the things that are going to be coming at us in the Public Works Department capital
improvements plan, there are a series of activities on this and other wells that are coming
and something has to be first and something has to be later. Yes, this one could be put
off, but, then, that either destroys the whole plan for the CIP or something else needs to
be accelerated to take its place. So, if you only look at this one project the case could be
made maybe timing is flexible, but this is part of a series of projects and my feeling is it
doesn't just delay this project, it delays the whole CIP if we don't get something moving
now.
Bird: Madam Mayor?
Zaremba: Am I correct in that?
Radek: Madam Mayor, Councilman Zaremba, I would agree with that statement. We
have -- we have a design -- we have our designers ready to do the building, stopping a
project in -- at the end of year one will just, essentially, delay that project and it will
probably delay -- you know, we will have to push back some other things as well. But we
have, essentially -- this project is scheduled for 1.2 million dollars, including the -- the
budget enhancement for next year. When you look at 1.2 million dollars and compare the
175,000 to it, maybe the percentage of money doesn't seem that significant. I guess my
main concern is that we get this project -- we deliver this project when we told you, the
Council, that we would deliver it and -- and the only feasible way I can see that happening
is if we get our contract for the equipment during this fiscal year. If we wait until next fiscal
year we will be behind the curve on the building.
Bird: Madam Mayor?
Milam: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Kyle, a couple things. On your request for proposal or your bid or whatever you
want to call it, what was -- what was the -- they give a time. How many months did they
guarantee the price?
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June 23, 2015
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Radek: Councilman Bird, I'm not quite sure on that. I believe it was 90 days.
Bird: Which is three months. And when did you get the price? When did you get the bid?
Radek: Oh. We got the bid -- I believe it was about three or four weeks ago.
Bird: So -- and another thing, on this equipment does it -- does it have to be installed
before you can build the building? Does it have to be installed when you build the building
around it or do you build the building and, then, install the equipment?
Radek: Yes.
Bird: Yes and no?
Radek: Yes and no. Madam Mayor, Councilman Bird, the way we did the first one Well
21 they actually built half of the building and, then, installed in the building before they put
the roof on. I guess my main point here is that the building can't be designed until we
select the equipment.
Bird: Why can't it be designed if you -- if you have the specifications on the equipment?
Radek: Well, the specifications on the equipment are -- are qualification based selections.
One supplier might give us a tank that's ten foot by 40 feet. Another supplier might give
us an answer that is 12 feet by 20 feet. So, we don't know how big that footprint is until
we select a piece of equipment.
Bird: Well, you have already told us you have selected this piece of equipment.
Radek: Well --
Bird: And it's got -- it's got to have the specifications on what size and what size building
you need.
Radek: Councilman Bird, we have not selected -- we have selected -- we have not
awarded that contract.
Bird: You haven't awarded it, but you have selected it you just told us.
Radek: We have selected --
Bird: You needed this 175 to get the contract going with this company; right?
Radek: Correct. So, until we get that contract we don't know what piece of equipment we
have.
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June 23, 2015
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Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Kyle, you mentioned that that was not the low cost bid. Can you tell us the price
on the low cost bid?
Radek: Originally the low cost bid was -- it was about 100,000 dollars less. But since we
have negotiated with the -- the equipment vendor that -- that won, it's closer to 50,000
dollars difference. And we think we are getting a better product and better service. It's a
qualification based selection. But to answer your question, Councilman Bird, we can't
design the building until we get the contract, because we don't know what piece of
equipment we are going to get.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Kyle, it seems to me like you guys have already selected the product you're going
buy. You need this 175,000 to do it. You have evidently got a confirmed bid and a
contract ready; is that not right?
Radek: That is correct
Bird: Okay. And this -- this bid was good for 90 days.
Radek: Councilman Bird, I think it was good for 90 days. I'm not sure of that.
Bird: Most -- that's standard I think in any industry. I just -- and you say -- and you also
stated that this was the same equipment that United Water is using or is this the same
supplier United Water is using?
Radek: Same supplier.
Bird: Okay.
Radek: It's a different piece of equipment for each site and each -- each different
chemistry requirement at each site.
Bird: But you have, evidently, selected a certain bunch of equipment to purchase under
this contract to do it; right?
Radek: That's correct.
Bird: And this -- this supplier can't give you the physical sizes that that building needs to
be?
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June 23, 2015
Page 33 of 40
Radek: Councilman Bird, they could give us the size of the equipment, but we don't have
a contract with them, so I'm not sure if we -- if we design a building to the specifications of
a piece of equipment that we might obtain, and, then, don't obtain it and -- we have to
design the building over again. If we ended up with a longer or a shorter piece of
equipment -- I guess I'm not sure -- I guess I'm not sure what the -- what's going on with
the questioning. We want to delay the --
De Weerd: Is your concern that if you don't get the piece of equipment now, but you do
design the building to it, that the price of this equipment might go up and, then, you lose --
Radek: Madam Mayor, that's -- that's one of my concerns and this is the third contract
that we have done in this manner. My main concern would be that we don't even get that
same piece of equipment, because it's -- let's say as Councilman Bird suggested it's a 90
day guarantee. Well, that -- 30 of that 90 days has gone, so if we wait until we have
money next year we are probably going to have to redo the qualifications based selection
for that equipment and we will have maybe the same suppliers to bid on it, maybe not.
Maybe this supplier might say, well, we don't want the old one, we want -- you know, they
select suppliers and, then, they don't award contract, so maybe we won't even see them.
So, it would seem to me not very prudent to base a design on something you don't know
what you're going to get.
De Weerd: Well -- and I don't mean to be disrespectful, but if we have put out an RFQ
and we didn't have a budget for it, it just seems that we probably should have sought the
budget spending authority first, at least to put it out. To say we might lose a supplier
because we don't award this that wasn't budgeted to begin with, I think is not a fair
statement to Council. I don't understand if -- if we have a housing budgeted for next year,
why we didn't have this budgeted for this year. Is this an unexpected -- I'm just trying to
understand the sequence of events.
Radek: Apparently I haven't explained this properly, because we did budget for this this
year. We budgeted 600,000 dollars for design, pilot testing, and equipment procurement.
We budgeted 600,000 dollars. We budgeted too little.
De Weerd: Okay. Now I get it. Thank you
Radek: We budgeted 175,000 dollars too little. We did budget for equipment
procurement, though, and so that's why we are coming over here saying -- it's no different
than if we would have bid out a project in a low bid situation and if a water line extension
was budgeted 400,000 dollars and our --
De Weerd: So, our estimate fell short.
Radek: Our estimate fell short and for the reasons that I explained earlier, which was -- it
was a larger pump, it needs three cells instead of two, which the first two needed -- the
first two facilities needed two and it has a restriction in how much we can back flush the
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June 23, 2015
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filter into the sewer, because of the size of the sewer at that location, so those are the
drivers why we missed on this one. We missed on the budget.
De Weerd: Sorry. I was not getting it. That was my -- my slip.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve the budget amendment for fiscal year 2015 in the amount
of 175,000 dollars for equipment procurement for a Well 27 water treatment facility.
Cavener: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call
roll.
Roll Call: Rountree, yea; Bird, nay; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes -- or no. Five ayes and one nay.
MOTION CARRIED: FIVE AYES. ONE NAY.
De Weerd: And I apologize. I started it. That was my bad.
E. Public Works: Budget Amendment for FY2015 in the Amount of
$444,699.00 for the Design of the Wastewater Resource
Recovery Facility Capacity Expansion Project
Allison: Madam Mayor, Members of the Council, my name is David Allison.
De Weerd: Welcome. Welcome said the spider to the fly.
Allison: I feel maybe I need more notes. The budget amendment before you, which I am
going to discuss, is for 444,699 dollars. This money reflects the amount of work that
Brown & Caldwell, the consultant I will describe here a little bit more, the amount of work
that they say they would be able to complete from a mid July start date until the end of this
fiscal year. This money would be allocated to begin the design of the capacity
enhancement at the wastewater treatment plant. This is the third step of -- of this
process. The first step that we contracted with Brown and Caldwell was to evaluate the
capacity, excuse me, of our plant, of our existing systems, based on the current capacity
that we determined through their study, through their modeling efforts, we put together an
alternatives analysis. It compared about 12 different treatment technologies, comparing
capital costs and operating costs, some of which were very substantial. We came to our
final decision on which alternative to select and ultimately construct based on it's favorable
conditions and this amendment would be to fund the design portion for FY -- remaining
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June 23, 2015
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portion of FY -15. Our designers gave us a 15 month design schedule and based on
where we were at in our current fiscal year and where we would end up next year, we felt
it would be prudent to get started as soon as possible, that way a complete set of design
documents would be ready, so we could begin construction beginning in FY -17 or soon
thereafter, right around that time. We'd also like to have more of a -- of an idea of what
the construction would look like, what those elements would look like, what would be
required for that construction. So, that way when we come forward about a year from now
for our next budget we would have a -- we could be better informed to put our
enhancements together for that. I guess I will stand for any questions.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Allison, I got a question. What is the -- what is the total estimate cost of this --
what we -- what we are designing?
Allison: The design portion is about two point --
Bird: No. How much --
Allison: Excuse me. The design portion is about 2.8 million and we are looking for a total
construction of about 30 to 35 million.
Bird: And this -- this is -- is this the complete recovery redo -- addition I mean?
Allison: Councilman Bird, this would be for the capacity expansion. This is part of
capacity to increase the growth, as well as the --
Bird: Yeah. Okay. So, one point -- 1.2 or two million to design?
Allison: Yeah. About two, 2.5.
Bird: And about 31 or 32 million total project?
Allison: That's our very preliminary estimate. And, like I said, it would be --
Bird: So, we are paying about eight or nine percent of our total estimated cost for design?
Allison: Yes.
De Weerd: And this is -- is really a major component in meeting future growth and having
the capacity to do so.
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June 23, 2015
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Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I just -- so that it comes as no surprise, this is another one of those where there
are a series of projects that will be coming over the next ten to 20 years. This is probably
the first step -- actually, it's not the first step. We have already taken steps and in the past
ten years or so have done capacity upgrades and inclusion. This particular one needs to
be accelerated a little bit more than we originally anticipated, because it's actually being
impacted by two things. The city continues to grow at a pace that we all know is just
breathtaking. On that basis alone we aren't necessarily threatening our current capacity,
although we are reaching 80 percent of it, which is where you want to start designing the
next phase. But Tom Barry, the director, has also explained to me that in anticipating
some of the new requirements about phosphate removal and some other things that we
are going to have to remove to much greater stringent than we have been, the method for
doing that takes longer. So, it's likely that we will be putting out the reclarified water,
slower than we are taking it in, because the process is going to take a little bit longer,
which means we need greater storage capacity -- not really storage, because it's still
moving through the plant, but it's moving slower and that does take up capacity to be
holding it longer. So, we are in danger of running out of capacity if we don't get this
accelerated pretty quick. So, I just thought I would throw that in and, then, don't be
surprised if there is a couple more in the next few years right after it.
De Weerd: Any other questions for David?
Borton: Madam Mayor?
De, Weerd: Mr. Borton.
Borton: David, if you can, are you able to articulate Finance's position and opposition to
the amendment request?
Allison: To this point, Councilman Borton, I haven't heard any opposition to this. We
haven't had any -- we haven't heard anything.
Borton: Okay.
De Weerd: I don't think that -- she had a question and when Councilman Rountree and I
were looking at this, she was not available to answer it, but she has since replied and --
Rountree: And I haven't seen that.
Borton: I'm just making reference to the budget amendment form is all. There was a
checkbox --
Allison: Oh.
Meridian City Council
June 23, 2015
Page 37 of 40
Borton: -- under Finance it said no and so I thought I'd ask. Okay.
De Weerd: She was just asking what event triggered the additional request and she just
didn't have time to completely review it, so she just didn't want people to miss that,
especially since Todd is really pushing the deadlines and she did talk with Mike about --
asking what -- what had changed and I don't know what response she got, but I can just
tell you what I got in an e-mail, because I asked the same thing. And so, David, I guess
she had asked the question is what -- what event triggered the additional need for -- for
the budget amendment.
Allison: Madam Mayor, for us when we talk with the consultant about what they are
anticipating design timeline would look like, they indicated it would be right around 15
months and we felt that put us in a great position to be able to have a design completed at
the end of FY -16 and, then, be able to have the next enhancements and the next fiscal
FY -17 for construction.
De Weerd: And I think this was what Mr. Barry was talking about in terms of an
accelerated need to address the capacity. This addresses load versus slow, is that how I
understand it?
Allison: Madam Mayor, this is for the capacity, but, in turn, we also are -- as Councilman
Zaremba was stating, with the pending NPDES permit that we have coming up, the
removal of the treatment of our existing capacity right now is lowered. Our treatment
capacity has diminished --
De Weerd: Right.
Allison: -- but if we were to have those limits put in place now this would be able to meet
our current capacity, as well as the limits that are proposed in the NPDES permit and
would also help us anticipate or build capacity for future expansion.
De Weerd: Okay. Thank you. Any other questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve the budget amendment for fiscal year 2015 in the amount
of 444,699 dollars for beginning the design of the wastewater recovery -- wastewater
resource recover facility capacity expansion project.
Cavener: Second.
De Weerd: I have a motion and a second. Any discussion?
Meridian City Council
June 23, 2015
Page 38 of 40
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I don't support the request at this time. I'd like to see this included in -- in the
budget book in next year's budget. I will also allow -- if there is other follow-up concerns
from Finance, then, they can provide us with other additional info. So, it didn't sound like
there was the necessary urgency to do it now versus 96 days from now or part of next
year's budget, so that's where I would prefer to see it.
De Weerd: Okay. Madam Clerk, will you call roll.
Roll Call: Rountree, nay; Bird, nay; Zaremba, yea; Borton, nay; Milam, yea; Cavener, yea
De Weerd: Aye.
MOTION CARRIED: THREE AYES. THREE NAYS. MAYOR AYE.
Allison: Thank you.
Item 9: Ordinances
A. Ordinance No. 15-1648: An Ordinance (RZ 15-006 Three Corners
Subdivision) for the Re -zone of a parcel of land located in the
NW'/4 of the NW'/4 of Section 29, Township 4 North, Range 1
East, Boise Meridian, City of Meridian, Ada County, Idaho
Establishing and Determining the Land Use Zoning
Classification of Said Lands from C -C (Community Business)
zoning district, R-8 (Medium Density Residential) zoning district
and R-4 (Medium -Low Density Residential) zoning district to C -C
(Community Business) zoning district (9.38 acres), R-8 (Medium
Density Residential) zoning district (2.76 acres) and R-4
(Medium -Low Density Residential) zoning district (0.51 acres.
De Weerd: Okay. Thank you, David. Item 9-A under Ordinance 15-1648, 1 Will ask
Madam Clerk to, please, read this by title.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1648, an
Ordinance RZ 15-006, Three Corners Subdivision for the rezone of a parcel of land
located in the northwest one quarter of the northwest one quarter, Section 29, Township 4
North, Range 1 East, Boise, Meridian, city of Meridian, Ada County, Idaho. Establishing
and determining the zoning classification of C -C, community business zoning district, R-8,
medium density residential zoning district and R-4, medium low density residential zoning
district to C -C, community business zoning district, 9.38 acres, R-8, medium density
residential, 2.76 acres, and R-4, medium low density residential zoning district, .51 acres
in the Meridian City Code. Providing that copies of this ordinance shall be filed with the
Meridian City Council
June 23, 2015
Page 39 of 40
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.
De Weerd: Okay. You have heard this read by title. I don't see anyone wanting to hear it
in its entirety, so do I have a motion?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve Ordinance 15-1648 with suspension of rules.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call
roll.
Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 10: Future Meeting Topics
De Weerd: Council, under future meeting topics I would ask would you have availability
for a special meeting next Monday on the 29th around 5:00 o'clock? It should only last --
Mr. Nary, less than an hour?
Bird: Sure. Set it. Let's go.
Rountree: 5:00 o'clock?
De Weerd: Yes.
Rountree: Is it a special meeting or is it executive session?
De Weerd: A special meeting executive session.
Rountree: Okay.
De Weerd: Okay. Thank you. Any other items for consideration under future meeting
topics? Okay. Hearing none, I would entertain a motion to adjourn.
Rountree: So moved.
Meridian City Council
June 23, 2015
Page 40 of 40
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:42 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
DATE APPROVED
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Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER: FP 15-020
ITEM TITLE: Paramount Square Subdivision
FP 15-020 Paramount Square Subdivision by Brighton Investments, LLC Located
Northwest Corner of N. Meridian Road and W. McMillan Road Request: Final Plat
Approval Consisting of Twenty (20) Commercial Buildable Lots and One (1) Multi -Family
Residential Lot on Approximately 31.95 Acres in the C -G and R-40 Zoning Districts
MEETING NOTES
—Mo' APPROIED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER: RZ 15-006
ITEM TITLE: Three Corners by Sweet Land Development
Findings of Fact, Conclusions of Law: RZ 15-006 Three Corners by Sweet Land
Development, Inc. Located Southeast Corner of N. Locust Grove Road and Chinden
Boulevard Request: Rezone of Approximately 12.65 Acres of Land from the C -C
(Community Business), R-8 (Medium Density Residential) and R-4 (Medium -Low Density
Residential) Zoning District to the C -C (9.38 Acres), R-8 (2.76 acres) and R-4 (0.51 Acres)
Zoning Districts
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
TE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER: CPAM 15-001
ITEM TITLE: Hill Properties/Century Farm
Findings of Fact, Conclusions of Law: CPAM 15-001 Hill Properties/Century Farm School
by Martin Hill, Hill & Hill Properties and Brighton Investments Located East Side of S.
Eagle Road and South Side of E. Amity Road Request: Amendment to the
Comprehensive Plan Future Land Use Map to Change the Future Land Use Designation
on 87.01 Acres of Land from Low Density Residential to Mixed -Use Neighborhood
MEETING NOTES
APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER: AZ 15-004
ITEM TITLE: Hill Properties/Century Farm
Findings of Fact, Conclusions of Law: AZ 15-004 Hill Properties by Martin Hill and Hill & Hill
Properties Located East Side of S. Eagle Road and the
South Side of E. Amity Road Request: Annexation of 78.62 Acres of Land with the R-8
(39.83 Acres) and C -N (38.79 Acres) Zoning Districts
MEETING NOTES
PROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER: 5E
PROJECT NUMBER: RZ 15-007
ITEM TITLE: Century Farm School
Findings of Fact, Conclusions of Law: RZ 15-007 Century Farm School by Brighton
Investments Located 1/4 Mile South of E. Amity Road and 1/2 Mile East of S. Eagle Road
Request: Rezone of 8.39 Acres of Land From the R-8 to the C -N Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER: 5F
PROJECT NUMBER: FP 15-019
ITEM TITLE: Oak Leaf Subdivision
Final Order for Approval: FP 15-019 Oak Leaf Subdivision No. 2 by Oak Leaf
Development Company, Inc. Located North of Chinden Boulevard and West of N.
Jayker Way Request: Final Plat Approval Consisting of Eleven (1 1) Single Family
Residential Lots on Approximately 7.99 Acres in the R-2 Zoning District
MEETING NOTES
j. �.
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER: 5G
PROJECT NUMBER:
ITEM TITLE: Professional Services/Animal Control
Addendum B to September 23, 2013 Professional Services Agreement for Animal
Control Services and Dog Licensing Between the City of Meridian and the Idaho
Humane Society
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADDENDUM B
to PROFESSIONAL SERVICES AGREEMENT
FOR ANIMAL CONTROL SERVICES AND DOG LICENSING
BETWEEN THE CITY OF MERIDIAN AND THE IDAHO HUMANE SOCIETY
This ADDENDUM B TO THE PROFESSIONAL SERVICE AGREEMENT FOR
ANIMAL CONTROL SERVICES AND DOG LICENSING BETWEEN THE CITY OF
MERIDIAN AND THE IDAHO HUMANE SOCIETY is made this 2,3" ay of June, 2015
("Effective Date"), by and between the City of Meridian, a municipal corporation organized
under the laws of the State of Idaho (hereinafter "City"), and the Idaho Humane Society, Inc., a
nonprofit corporation organized under the laws of the State of Idaho (hereinafter "IHS").
WHEREAS, City and IHS entered into a Professional Service Agreement for Animal
Control Services and Dog Licensing Between the City of Meridian and the Idaho Humane
Society on September 24, 2013 ("September 24, 2013 Agreement");
WHEREAS, IHS has purchased land at 8506 Overland Road near South Vinnell Way, in
Boise, Idaho, and is constructing a new building in order to accommodate the growing need for
animal control services within Ada County, which growth includes the extension of animal
control services to City pursuant to the September 24, 2013 Agreement;
WHEREAS, the Meridian City Council has determined that the building formerly used
as City's animal shelter should be repurposed for use by the Public Works Department as part of
the wastewater treatment plant expansion project, and as the building was purchased using
general funds, City Council directed the transfer of the net book value of the asset (thirty-six
thousand, seven hundred forty-five dollars ($36,745)), from the City enterprise fund to the City
general fund, which transfer was accomplished by a budget amendment approved on June 9,
2015;
WHEREAS, City finds that IHS has the necessary qualifications and capabilities to
continue to provide a full range of animal control services to the Meridian community, to protect
the community's health and welfare, and to assure that the animals are maintained consistent
with the provisions of Meridian City Code, and directs that the amount realized by the general
fund from the transfer of the former animal shelter facility to the enterprise fund be provided to
IHS for the purpose of contributing to the cost of constructing the new IHS building;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
L CONTRIBUTION. City shall contribute to IHS thirty-six thousand, seven hundred forty-five
dollars ($36,745), in recognition of the growth of IHS due in part to the provision of animal
control services to City pursuant to the September 24, 2013 Agreement. Payment of all taxes
and other assessments on such sums shall be the sole responsibility of IHS.
ADDENDUM B
TO SEPTEMBER 24, 2013 PROFESSIONAL SERVICES AGREEMENT WITH IHS
FOR ANIMAL CONTROL AND DOG LICENSING SERVICES PAGE 1 of 2
IL SEPTEMBER 24, 2013 AGREEMENT FULLY IN EFFECT. The intent and effect of this
Addendum is to extend the term and increase the payment amount for services provided by
IHS as set forth in the September 24, 2013 Agreement. Except as expressly set forth herein,
this Addendum does not otherwise modify or alter any term or condition of the September
24, 2013 Agreement in any way. The September 24, 2013 Agreement remains in full effect,
and all terms and conditions thereof are incorporated in this Addendum as though fully set
forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day of June, 2015.
IDAHO HUMANE SOCIETY, INC.:
Jeff Rosenthal, DVM
Chief Executive Officer
CITY OF MERIDIAN:
BY:%"yl1�Ii' G��QJn Te�n� �N
Tammy dei $erd, Mayor s
City'[
E II71A i�i�
Attest:
Jaycee 101man, City Clerk
FP �H
°�:4e (At A9C�b
ADDENDUM B
TO SEPTEMBER 24, 2013 PROFESSIONAL SERVICES AGREEMENT WITH IHS
FOR ANIMAL CONTROL AND DOG LICENSING SERVICES
PAGE 2 of 2
Meridian City Council Meeting
TE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: C & A Paving Company
Approval of Award of Bid and Agreement to C & A Paving Company for the "CITY
HALL WEST SIDE PARKING LOT" Project for a Not -To -Exceed amount of $239,540.75
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
CONTRACT/AGENDA REQUEST CHECKLIST
Date: 6/16/2015 REQUESTING DEPARTMENT PUBLIC WORKS
Fund: 1 Department: 1850 GL Account:
Construction: X
Project Name:
Project Manager: Max Jensen Department Representative: n/a
Contractor/Consultant/Design Engineer: C&A Paving Company/ Civil Survey
Budget Available (Attach Report): Yes Contract Amount: $239,540.75
Will the project cross fiscal years? Yes No X
Wf-119
92401 Project #
Task Order:
CITY HALL WEST SIDE PARKING LOT
Budget Information: FY Budget: 15 Enhancement#: 2 Grant#:
Other: Type of Grant:
CONTRACT CHECKLIST
BASIS OF AWARD
Low Bidder X Highest Rated Master Agreement
(Bid Results Attached) (Ratings Attached) (Category)
Typical Award Yes X No
If no please state circumstances and conclusion:
10 Day Waiting Period Complete:
June 19, 2015
Date Award Posted: June 9, 2015
PW License # PW -C-10359 Current? (attach print out)
Corporation Status Goodstanding
Insurance Certificates Received (Date): June 16, 2015 Rating: A
Payment and Performance Bonds Received (Date): June 16, 2015 Rating: A+
Builders Risk Ins. Req'd: Yes No X If yes, has policy been purchased? n/a
(Only applicabale for projects above $1,000,000)
Date Submitted to Clerk for Agenda: June 17, 2015 Approved by Council
Issue Purchase Order No. Date Issued: WH5 submitted
Issue Notice of Award: Date: NTP Date:
(Only for non Public Works Project)
10459
Memo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Max Jensen
Date: 6/16/2015
Re: June 23rd City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
June 23rd City Council Consent Agenda for Council's consideration.
Approval of Award of Bid and Agreement to C & A Paving Company for the "CITY
Recommended Council Action: Award of Bid and Approval of Agreement to
C&A PAVING COMPANY for the Not -To -Exceed amount of $239,540.75.
Thank you for your consideration.
• Page 1
CONTRACT FOR PUBLIC WORK CONSTRUCTION
CITY HALL WEST SIDE PARKING LOT
PROJECT # 10459
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 18r' day
of June, 2015, 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 Broadway Avenue, Meridian, Idaho 83642, and C&A Paving Company,
Inc., hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box
15187, Boise, ID 83714-5187 and whose Public Works Contractor License # is 10359-U-
2-4.
INTRODUCTION
Whereas, the City has a need for services involving PARKING LOT
CONSTRUCTION; and
WHEREAS, the Contractor 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
Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed; all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" 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 Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; 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. If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty -free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
CITY HALL WEST SIDE PARKING LOT page 1 of 14
Project 10459
state and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its 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 Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1.4 Services and work provided by the Contractor 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 Contractor shall be compensated on a Not -To -Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not -To -Exceed amount of $239,540.75.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval 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 Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to 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, Contractor 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.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
CITY HALL WEST SIDE PARKING LOT page 2 of 14
Project 10459
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall by September 11, 2015. This project shall be
considered Substantially Complete when the Owner has full and unrestricted use
and benefit of the facilities, both from an operational and safety standpoint, and
only minor incidental work, corrections or repairs remain for the physical completion
of the total contract. Contractor shall be liable to the City for any delay beyond this
time period in the amount of $500.00 (five hundred dollars) percalendarday. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Final Completion shall be achieved by September 22, 2015 for the work as
described herein. Contractor shall be liable to the City for any delay beyond this
time period in the amount of $500.00 (five hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
See Milestones listed below in the Payment Schedule for Substantial Completion.
5. Termination:
5.1 If, through any cause, CONTRACTOR, 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 CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR 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 CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
CITY HALL WEST SIDE PARKING LOT page 3 of 14
Project 10459
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
6. Independent Contractor:
6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
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
Contractor in fulfillment of this Agreement. If in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
7. Sub -Contractors:
Contractor shall require that all of its sub -contractors be licensed per State of Idaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for work
under this contract. If, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
CITY HALL WEST SIDE PARKING LOT page 4 of 14
Project 10459
9. Indemnification and Insurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers 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 CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically
amounts as follow: General Liability One Million Dollars ($1,000,000) per incident
or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per
incident or occurrence and Workers' Compensation Insurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of its
obligations under this Agreement. In the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, Idaho 83642.
9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of
no less than A-.
9.3 Any deductibles, self-insured retention, or named insureds must be declared in
writing and approved by the City. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles, self-insured retentions or named insureds; or
the Contractor shall provide a bond, cash or letter of credit guaranteeing payment
of losses and related investigations, claim administration and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's Insurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected officers, officials, employees and volunteers shall be excess of
CITY HALL WEST SIDE PARKING LOT page 5 of 14
Project 10459
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
10. 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.
11. Bonds:
Payment and Performance Bonds are required on all Public Works Improvement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of Idaho. In the event that the contract is subsequently terminated for
failure to perform, the contractor and/or surety will be liable and assessed for any
and all costs'for the re -procurement of the contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
13. Changes:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
CITY HALL WEST SIDE PARKING LOT page 6 of 14
Project 10459
amendments which shall be executed with the same formalities as this Agreement.
14. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. Items
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
15. Meridian Stormwater Specifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http://www.meridiancity.oro/environmental.aspx?id=13618.
16. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
17. Reports and Information:
17.1 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.
17.2 Contractor 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.
18. 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
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
CITY HALL WEST SIDE PARKING LOT page 7 of 14
Project 10459
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.
19. 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.
20. Equal Employment Opportunity:
In performing the work herein, Contractor agrees to comply with the provisions of
Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. In performing the Work required herein,
CONTRACTOR 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.
21. Employment of Bona Fide Idaho Residents:
Contractor must comply with Idaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide Idaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. It has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
23. 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.
24. Construction and Severability:
If any part of this Agreement is held to be invalid or unenforceable, such holding will
CITY HALL WEST SIDE PARKING LOT page 8 of 14
Project 10459
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.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. 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.
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
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.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the Invitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
In performing the scope of work required hereunder, CONTRACTOR shall comply
CITY HALL WEST SIDE PARKING LOT page 9 of 14
Project 10459
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
32. 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.
33. 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
CONTRACTOR
City of Meridian
C&A PAVING COMPANY, INC.
Purchasing Manager
Attn: Brian Callahan
33 E Broadway Ave
P.O. Box 15187
Meridian, ID 83642
Boise, ID 83715-5187
208-489-0417
Phone: 208-362-4244
Email: jesse@capaving.com
Idaho Public Works License #10359-U-2-4
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.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OOF ME-RIf3t
BY:
TAMMYde D, MAYOR
Dated: l' /� / / S
Approved by Counci
JAYCEE
CLE
CITY HALL WEST SIDE PARKING LOT
Project 10459
C&A PAVING COMPANY, INC.
BY: z_
BRIAN CALLAHAN. PRESIDENT
Dated: l
m�onxo
SES, Py ,
��bt 'iflf ASUA`
page 10 of 14
Purchasing Approval
BY:/�
KEIT14 TTS, urchasing Manager
Dated:: (a - / (o - 1-6
Project Manager
Max Jensen, Capital Projects Manager
CITY HALL WEST SIDE PARKING LOT
Project 10459
m
FEWART, Engineering Manager
page 11 of 14
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW -15-10459
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW -15-10459, are by this reference made a
part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the 2012 version of
the Idaho Standards for Public Works Construction (ISPWC), the 2013 City
of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
• PLANS NAME BY CIVIL SURVEY CONSULTANTS, INC.
dated 5-13-2015 (14 of pages)
• SPECIAL PROVISIONS by CIVIL SURVEY
CONSULTANTS, INC dated 5/13/15 (95 of pages)
CITY HALL WEST SIDE PARKING LOT page 12 of 14
Project 10459
Exhibit B
CITY HALL WEST SIDE PARKING LOT
MILESTONE / CONTRACT PRICING SCHEDULE
706.4.1.B.1
Concrete Valley Gutter
37
LF
$33.50
706.4.1.H.1
Pedestrian Ramp W/Detectable
Warning Domes, Type C4
2
EA
$775.00
801.4.1.6.1
6" Minus Uncrushed Aggregate Base
1,452
TON
$13.00
802.4.1.B.1
T P Crushed Aggregate for Base,
667
TON
$18.00
810.4.1.A.1
Plant Mix Pavement
390
TON
$75.00
1001.4.2.A.1
Staging Area
1
EA
$1,025.00
1001.4.2.6.1
Stabilized Construction Entrance
2
EA
$150.00
1003.4.1.GA
Straw Wattle
844
LF
$2.25
1006.4.1.C.1
Inlet Protection
5
EA
$80.00
1103.4.1.A.1
Construction Traffic Control
1
LS
$2,600.00
1104.4.1.A.1
Pavement Markings
460
SF
$.70
2010.4.1.A.1
Mobilization
1
LS
$6,400.00
SP -1a
Drain Trench #1
1
LS
$9,300.00
SP -ib
Drain Trench #2
1
LS
$9,300.00
SP -2
Adjust Water Service to Grade
2
EA
$2,100.00
SP -3
Edge Drain
1,025
LF
$8.00
SP -4
Landscape Grading
1
LS
$2,400.00
SP -5
Landscape Irrigation
15,197
SF
$1.50
SP -6
Landscape Plants
1
LS
$18,879.75
SP -7
Landscape Turf and Grasses
8,397
SF
$6,400.00
SP -8
Abandon Existing Water Service
1
EA
$675.00
SP -9
Electrical
1
LS
$23,100.00
CITY HALL WEST SIDE PARKING LOT page 14 of 14
Project 10459
H
J
D
LU
w
Bond No, 0190040
CONSTRUCTION CONTRACT
Date: June 16, 2015
Amount: $ 239,540.75 Two Hundred Thirty Nine Thousand Five Hundred Forty Dollars and 75/100
Description:
(Name and location)
City Hall West Side Parking Lot Project No. 10459
BOND
Date: June 16, 2015
(Not earlier than Constxrction Contract Date)
Amount: $239,540.75 Two Hundred Thirty Nine Thousand Five Hundred Forty Dollars and 751100
;Modifications to this Bond: xl None ❑ sec section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Couporate Seal) Company: (Corporate Seal)
C & A Paving Company, Inc. Berkley Insurance Company
Signature: �¢, iiL�C..-/ signature: ! �� )�-Q,L&V
Name ?y j G,UI Loi Name li2ab th Ann Schneider
and Title: Missal zlLo t and Title: Attorney -in -Fact
(Xny additional signatures appear on the last page of this Peifonnance Bond)
(FOR INFOP61,L 1770N0NL1'— Man ie, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Moreton & Company (drehirect Engineer or other party:)
12639 West Explorer Dr., Suite 200
Boise ID 83713
208-321-9300
S-1852/AS 8110
MM
Document A312 TM
-2010
Conforms with The American Institute of Architects
AIA Document 312
Performance Bond
CONTRACTOR:
SURETY:
(iVame, legal status and address)
(Nmne, legal slants and princlpal place of husiness)
C &A Paving Company, Inc.
Berkley Insurance Company
4015 South Banner Street
475 Steamboat Road
This document has Important legal
Boise ID83709
Greenwich CT
06830 consequences. Consultation with
Mailing Address for Notices
an attorney Is encouraged with
respect to Its completion or
modification.
OWNER:
Any singular reference to
(Name, legal status and address)
Contractor, Surety, Owner or
City of Meridian
other party shall be considered
33 East Broadway Ave., Ste.
106
plural where applicable.
Meridian ID 83642
CONSTRUCTION CONTRACT
Date: June 16, 2015
Amount: $ 239,540.75 Two Hundred Thirty Nine Thousand Five Hundred Forty Dollars and 75/100
Description:
(Name and location)
City Hall West Side Parking Lot Project No. 10459
BOND
Date: June 16, 2015
(Not earlier than Constxrction Contract Date)
Amount: $239,540.75 Two Hundred Thirty Nine Thousand Five Hundred Forty Dollars and 751100
;Modifications to this Bond: xl None ❑ sec section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Couporate Seal) Company: (Corporate Seal)
C & A Paving Company, Inc. Berkley Insurance Company
Signature: �¢, iiL�C..-/ signature: ! �� )�-Q,L&V
Name ?y j G,UI Loi Name li2ab th Ann Schneider
and Title: Missal zlLo t and Title: Attorney -in -Fact
(Xny additional signatures appear on the last page of this Peifonnance Bond)
(FOR INFOP61,L 1770N0NL1'— Man ie, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Moreton & Company (drehirect Engineer or other party:)
12639 West Explorer Dr., Suite 200
Boise ID 83713
208-321-9300
S-1852/AS 8110
MM
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when
applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such
notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the
Contractor's performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt of
the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner
agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt
of the Owners notice. If the Owner, the Contractor and the Surely agree, the Contractor shall be allowed a reasonable time to
perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terns of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions:
§ 6.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 6.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
§ 6.3 Obtain bids or negotiated proposals from quali fed contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract, arrange for a contract to be prepared for execution by the Ommcr and a contractor selected with the Owners concurrence, to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the
Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond
seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the
Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner. -
S-1852/AS 8/10
§ 7 I the Surety elects to act under Section 5.1, 5.2 or 5,3, then the responsibilities of the Surely to the Owner shall not be greater than those of the
Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without
duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the. Concoction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or within two years after the Surely refuses or fails to perform its obligations under this Bond, whichever occurs first. If the
provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature
appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fumishcd, the intent is that this Bond shall be
construed as a statutory bond and not as a common Iry bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material
term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shalt be deemed to be Contractor.
S-1852/AS 8/10
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature: Signature:
Name and Title: Name and.
Address Address
5-1852/AS 8/10
(Cotpw•ate Seal)
Bond No. 0190040
Payment Bond
CONTRACTOR:
(varve, legal status and address)
Document A312 TM —2010
Conforms with The American Institute of Architects AIA Document 312
C &A Paving Company, Inc.
4015 South Banner Street
Boise ID 83709
OWNER:
(Mame, legal status and address)
City of Meridian
33 East Broadway Ave., Ste. 106
Meridian ID 83642
CONSTRUCTION CONTRACT
Date: June 16, 2015
Amount: 6239,540.75
SURETY:
(Name, legal status and principal place of business)
Berkley Insurance Company
475 Steamboat Road
Greenwich CT 06830
Mailing Address for Notices
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
Two Hundred Thirty Nine Thousand Five Hundred Forty Dollars and 75/100
Description:
(Name and location)
City Hall West Side Parking Lot Project No. 10459
BOND
Date: June 16, 2015
(Not earlier than Construction Contract Date)
Amount: $ 239,540.75 Two Hundred Thirty Nine Thousand Five Hundred Forty Dollars and 75/100
Modifications to this Bond: Q None ❑ See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
C &A Paving Company, Inc. Berkley Insurance Company
) f i It r j�.,
A it V
Signature: ' `'/ Signature: !2 /tl.& '
11 Eli th Ann Schneider
Name ! IVV\ l0, CaN1 Name Attorney -in -Fact
and Title: �r ,, A , a .�- and Title:
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORAUTION ONLY —Name, address and telephone)
AGENT or BROKER:
Moreton & Company
12639 West Explorer Dr., Suite 200
Boise ID 83713
208-321-9300
S-21491AS 8/10
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other parry:)
A
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference,
subject to the following terms,
§ 2 I the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the
Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or
the Owner's properly by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the
Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and tit the Surety's expense defend, indemnify and hold
harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 6.1 Claimants, who do not have a direct contract with the Contractor,
.1 have famished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or
performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim;
and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in
Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation
to furnish a written notice of non-payment under Section 5.1,1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's
expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement
If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ $ The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3,
and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree
that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
5-2149/AS 8/10
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract.
The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no
obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the
project that is the subject of the Construction Contract -is located or after the expiration of one year from the date (1) on which the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph arc void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.
§ 14 When this Bond has been firmished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of.this Bond, the Contractor and Owner shall promptly furnish a
copy of this Bond or shalt permit a copy to be made.
§ 16 Definitions
§ 16.1 Clalm. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant' to which labor, materials or equipment was furnished for use in the
performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the
Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent
of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors, and at other items for which a mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment were furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and all changes made to the agreement and the Contract Documents.
S-2149/AS 8110
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction
Contractor to perform and complete or comply with the other material terms of the Construction Contract.
§ 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond are as follows:
(Space is p'avided belory for additional signatra•es ofadded parties, orherthan (hose appearing on the cove, -page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and
Address
S4149/AS 8110
Signature: _
Name and Title:
Address
(Corporate Seal)
No. BI -2768a
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON. DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted
., and appointed, and does by these presents make, constitute and appoint: Kinn Ward, Tura Coleman, Phil Waller, Allan Ranstrom,
Colleen Thompson, Robin Stroud or Elizabeth Ann Schneider of Moreton Insurance of Idaho, Inc. dba Fred A. Moreton &
Company of Boise, ID its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute,
seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing
that no single obligation shall exceed Twenty Five Million and 00/100 U.S. Dollars (U.S.$25,000,000.00), to the same extent as
if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in
3I their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein
to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted; and further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
,corporate seal hereunto affixed this '.)?-day of �U�, 2013.
Attest: V Berkley Insurance Company
(Seal) By
By
Ir S. Lederman Je 1 after
Senior Vice President & Secretary e i President
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT)
ss:
COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this2day of(, 2013, by Ira S. Lederman and
Jeffrey M. Hatter who are swom to me to be the Senior Vice President and Secretary and h Senior Vice Pre�ident, respectively, of
Berkley Insurance Company. KAnitEENCOREY
NOTARYPUSUG
Nota Public, State of Con EcnCUT
Notary �5�11SSION EXPIRES OCTOBER
CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a
true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded
'and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of
Attorney is attached, is in full force and effect as of this date.
Given under my hand and seal of the Company, this � l0 day of _ A.
(Seal)
Andrew4vl. Uma
Client#: 1178
CAPAV
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE
--
TYPE OF INSURANCE
6/10/2/DD/YVYY)
6/10/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONT IT
Liz Schneider
Moreton &Company -Idaho
PHONE 208 321-9300 FAX 208-321-0107
AIC AC, No
P.O. Box 191030
EMAIL eschneider@moreton.com
ADDRESS:
Boise, ID 83719
MED EXP (Any one person) $15,000
208 321-9300
INSURER(S) AFFORDING COVERAGE NAIC //
INSURER A: Liberty Mutual Insurance Compan 23043
GENE AGGREGATE LIMIT APPLIES PER:
POLICY X JECPRO
PRO- LOG
INSURED
C & A Paving Company, Inc.
INSURER B: Alaska National Insurance CO. 38733
--
A
PO Box 15187
INSURER C:
INSURERD: _
Boise, ID 83715-5187
INSURER E
9/18/2014
INSURER F:
COMBINED SINGLE LIMIT
CO accident 1,000,000
COVERAGES CEKI IFICATE NUMBER: REVISION NUMBER'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
--
TYPE OF INSURANCE
ADDLSUBR
INSR
WVD
-
.POLICY NUMBERMMIDDIriYY
POLICY EFF
POLICY EXP
IMM
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE aOCCUR
x CG 000112/07
BKS55626904
9/18/2014
__I
09/18/201
_
EACHOCCURRENCE $11000,000
D MAGE TO RENTED
P�EMISEs Ea occunence -$1,000,000
MED EXP (Any one person) $15,000
PERSONAL S ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GENE AGGREGATE LIMIT APPLIES PER:
POLICY X JECPRO
PRO- LOG
PRODUCTS-COMP/OP AGG $2,000,000
$
A
AUTOMOBILE
-_
X
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
HIRED AUTOS X NON -OWNED
AUTOS
BAS55626904
9/18/2014
-
09/18/201
COMBINED SINGLE LIMIT
CO accident 1,000,000
BODILY INJURY (Per person) $
-
BODILY INJURY (Per accident) $
X
PROPERTY DAMAGE
Per accident $
A
X
UMBRELLA LIAB
EXCESS LAB
X
OCCUR
CLAIMS -MADE
US055626904
EACH OCCURRENCE $5,000,000
AGGREGATE $5 000 000
DED X RETENTION$10000
$
BWC
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YINRY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? �
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
14JWS08527
1T06/01/201410/01/201!^_
�— STATU- OTH-
LT& MLT. ER
E.L. EACH ACCIDENT $1,000000
E.L. DISEASE -EA EMPLOYEE $1,000,000
EL.DISEASE-POLICYLIMIT $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Re: City Hall West Side Parking Lot
City of Meridian
33 E Broadway Ave., Ste. 106
Meridian, ID 83642
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
cc)1QRA-9Mn ACnRn CnoGno ATInkl All :;..4..-......... A
ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S723692/M654174 ELISC
eTRAKiT
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Public Works Search m> SoarchAgaln CowmaadReruhs Prirtablevler
MEM amm BE
C B, A Paving Co., Inc. I PWC -C-10359 100002, 02500 12, 4 I UNLIMITED I ACTIVE I C& A Paving Co., Inc.
First Prev Page: 1 of 1 Next Last
Details - License Number: PWC -C-10359
Registration#: PWC -C-10359
Issue: 4114/2015
Expire: 4/3012016
Type: PUBLIC WORKS
Sub -Type: UNLIMITED
Status: ACTIVE
Company: C 8 A Paving Co., Inc.
Phone: (208)362-4244
Cell:
Pager:
Fax: (208)362-4190
Owner Name:
The ONisium of Building Safety, makes every effort to produce and publish the most current and accursteinformatan possible No warranties, expressed or implied, are provided for the data herein, its use, or
its interpretationformation of this vmbste indicates understanding and acceptance of this statement.
1-800955-3044, 1090 E Walertovrer St, Suite 150 Mendian 10 83542
ECML I CONTACT
httDs://web.dbs.idaho.iaov/etrakit3/Custom/fdaho PublicWorksSearchRslts.aspx 6/16/2015
IDSOS Viewing Business Entity
Page 1 of 2
w,� Stat IDAHO SECRETARY OF STATE
x Q Viewing Business Entity
���TE 'p44Q Lawerence Denney, Secretary of State
[ New Search ] [ Back to Summary ]
[ Get a certificate of existence for C & A PAVING COMPANY ]
[ Monitor C & A PAVING COMPANY business filings ]
C & A PAVING COMPANY
4015 S BANNER ST
BOISE, ID 83709
Type of Business: CORPORATION, GENERAL BUSINESS
Status:
GOODSTANDING 30 Jan 1997
State of Origin:
IDAHO
Date of 30 Jan 1997
Origination/Authorization:
View
Initial Registered Agent:
BRIAN L CALLAHAN
ANNUAL REPORT
1230 BRAITHWAIT LANE
Document Online
KUNA,ID 83634
Organizational ID / Filing
C118078
Number:
Report for year 2012
Number of Authorized Stock
100000
Shares:
OFF/DIR
Date of Last Annual Report:
29 Jan 2015
Annual Report Due:
Jan 2016
Original Filing:
Document Online
[ He(p Me PrintlVlew TIFF ]
Filed 30 Jan 1997 INCORPORATION View Image (PDF format}
View Image-kTIFF forpaW
[ Help Me Pnnt/View TIFF ]
Report for year 2015
ANNUAL REPORT
View
Document Online
Report for year 2014
ANNUAL REPORT
View
Document Online
Report for year 2013
ANNUAL REPORT
View
Document Online
Report for year 2012
ANNUAL REPORT
View
Document Online
Report for year 2012
CHNG View image (PDF
format} View
OFF/DIR
Image
(TIFF format)
Report for year 2011
ANNUAL REPORT
View
Document Online
Report for year 2010
ANNUAL REPORT
View
Document Online
Report for year 2009 ANNUAL
REPORT
Report for year 2008 ANNUAL
REPORT
Report for year 2007 ANNUAL
REPORT
View Image (PDF format) View
Image TIFF format]
View Image (PDF formats View
Image (TIFF format)
View Image (PDF format) View
Ima99-kTIFF format}
htti)://www.accessidaho.ory/public/sos/corp/Cl 18078.html 6/16/2015
City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In
Report
1850 - City Hall
01 - General Fund
From 10/1/2014 Through 9/30/2015
Percent of
Budget with Current Year Budget Budget
Amendments Actual Remaining Remaining
Capital Outlay
92401 Improvement - pavement
sidewalks
10459 City Hall West Parking Lot 320-000.04 41,185 00 278,815.04 87.13%
Total Capital Outlay 320,000.04 41,185.00 278,815.04 87.13%
TOTAL EXPENDITURES 320,000.04 41,185.00 278,815.04 87.13%
Date: 6/16/15 05:00:14 PFS
Page: 1
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Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER: 51
PROJECT NUMBER:
ITEM TITLE: West Ada School District
West Ada School District Water Easement
MEETING NOTES
APPk�®! R
UED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich _
BOISE IDAHO Pgs=7 BONNIE 2015-056381
MERIDIAN CITY 06/25/201511:59 AM
III IIII III I1111111111111111111111111111111 IN III NO FEE
00114152201600663810070076
WATER 1y1AIN EASEMENT
�3
THIS INDENTURE, made this day ofJWAf 20 l5 between the West Ada School
District, the parties of the first part, and hereinafter called the GRANTORS, and the City of
Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the
GRANTEE;
WITNESSETH:
WHEREAS, the GRANTORS desire to provide a water main right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will 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 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, repair, replacement and
subsequent connection 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 making repairs, performing maintenance, replacements or subsequent
connections to the water mains, GRANTEE shall restore the area of the easement and
adjacent property to that existent prior to undertaking such procedures. 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.
Water Main Easement EASMT WAT.doc
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.
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.
GRAN OR:
strirr f3aM ara s
A:dm++wAfftter A� i s �a ttit St�pu i Vutc ►� det� t
West Ada School District
1303 E. Central Dr., Meridian, ID 83642
Address
STATE OF IDAHO )
: ss.
County of Ada )
On this 114 day of JV4u— 20 lS before me, the undersigned, a
Notary Public in and for said State, personally appeared
and DOY 6eiw- LMA6, , known or identified to me to be the PfegWeeat &4,
and Seeretery, respectively, of the corporation that executed the within instrument, and 61"iacknowledged 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 first above written.
,`o,,�p.uwey0000
aqe ���� °°•° i, °ae
Ater inr�j��x ®® J
e
eeBee�E1OFie Q•°e°e°
NOTARY PUBLIC FOR IDAHO
Residing at: ? wrt r ddA-4w
Commission Expires:
EASMT WAT.doc
GRANTEE: CITY OF MERIDIAN
Tammy e e r, tayot
e°iinTeo
N 7�
v° 9
r 'ity of
Attesf by J cee L. Holman, City Clerk EIDR IANC
AHO
Approved By City Council On: /
Fq Or Ibe 10.E S�QO
STATE OF IDAHO, )
: as
County of Ada )
On this 2�3 day of �' , 20 � , before me, the undersigned, a
Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L.
Holman, 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, l have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
nr� SS
NOTARY tB ICI HO
Residing at: d
Commission Expires: Z a�
Water Main Easement EASMT WAT.doc
li m fi.
MEMEW 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930
May 21, 2015
City of Meridian Water
Project No. 12-M6
Legal Description
City of Meridian Water Easement
Exhibit A
A parcel of land for a City of Meridian Water Easement situated in a portion of the Southeast 1/4 of the
Northeast 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County,
Idaho and more particularly described as follows:
Commencing at a found brass cap marking the East 1/4 corner of said Section 11, which bears 589°39'03"E a
distance of 2655.26 feet from a found brass cap marking the Center 1/4 corner of said Section 11, thence
following the southerly line of said Southeast 1/4 of the Northeast 1/4, N89°39'03"W a distance of 742.23
feet to a point;
Thence leaving said southerly line, N00°20'57"E a distance of 30.00 feet to a point of the northerly right-of-
way line of Pine Avenue and being the POINT OF BEGINNING.
Thence follow said northerly line, N89°39'03"W a distance of 15.00 feet to a point;
Thence leaving said northerly line, N00°04'24"E a distance of 269.95 feet to a point;
Thence N42441'52"E a distance of 24.68 feet to a point;
Thence N00°22'01"W a distance of 107.51 feet to a point;
Thence N89°51'42"W a distance of 78.33 feet to a point;
Thence N44051'11"W a distance, of 2.6.76 feet to a point;
Thence N89651'11"W a distance of 272.02 feet to a point;
Thence N00022'01"W a distance of 31.51 feet to a point;
Thence S89032'49"E a distance of 20.00 feet to a point;
Thence S00°22'01"E a distance of 11.41 feet to a point;
Thence S89°51'11"E a distance of 260.48 feet to a point;
Thence 544°51'11"E a distance of 26.75 feet to a point;
Thence 589"51'43"E a distance of 6.94 feet to a point;
Thence N00°08'49"E a distance of 32.99 feet to a point;
Thence S89°51'11"E a distance of 10.00 feet to a point;
Thence 500°08'49"W a distance of 32.99 feet to a point;
Thence S89°51'43"E a distance of 287.38 feet to a point;
Thence N00°07'56"E a distance of 17.02 feet to a point;
Thence 589'52'04"E a distance of 10.00 feet to a point;
Thence 500°07'56"W a distance of 17.02 feet to a point;
Thence S89°51'43"E a distance of 39.92 feet to a point;
Thence 589°52'04"E a distance of 127.42 feet to a point;
Thence N00"17'26"E a distance of 157.35 feet to a point;
Thence N89"42'34"W a distance of 69.00 feet to a point;
Thence N44°32'12"W a distance of 27.16 feet to a point;
Thence N00'27'48"E a distance of 126.25 feet to a point;
Thence N89°33'11"W a distance of 34.39 feet to a point;
ENGINEERS 1 SURVEYORS I PLANNERS
Thence N00°26'49"E a distance of 20.00 feet to a point;
Thence S89°33'11"E a distance of 54.39 feet to a point;
Thence S00°27'48"W a distance of 137.97 feet to a point;
Thence S44°32'12"E a distance of 10.55 feet to a point;
Thence S89°42'34"E a distance of 80.68 feet to a point;
Thence 500617'26"W a distance of 151.26 feet to a point;
Thence 589°32'26"E a distance of 252.94 feet to a point on the westerly right-of-way line of Linder Road;
Thence following said westerly line, S00007'57"W a distance of 15.00 feet to a point;
Thence leaving said westerly line, N89°32'26"W a distance of 252.99 feet to a point;
Thence S00°17'26"W a distance of 31.04 feet to a point;
Thence NW52'04"W a distance of 65.74 feet to a point;
Thence S00°27'48"W a distance of 19.64 feet to a point;
Thence N89°32'12"W a distance of 20.00 feet to a point;
Thence N00°27'48"E a distance of 19.53 feet to a point;
Thence N89°52'04"W a distance of 81.74 feet to a point;
Thence N89°51'42"W a distance of 249.08 feet to a point;
Thence S00022'01"E a distance of 113.30 feet to a point;
Thence 542°41'52"W a distance of 24.75 feet to a point;
Thence S00°04'24"W a distance of 264.17 feet to the POINT OF BEGINNING.
Said easement contains a total of 35,867 square feet (0.823 acres), more or less, and is subject to all existing
easements and/or rights-of-way of record or implied.
Attached hereto is EXHIBIT B and by this reference made a part of.
PAGE 12
PAt2.016\CAD\%-REF\PHA5E 2\32-016 WATER EASEMENT.DWG, CRAIG DRAPER, 5(2112015, SAVIN C9010 PCL5C (6&W).PC3, —
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CITY OF MERIDIAN WATER
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SE 1/4 OF THE NE 1/4 SEC 11 T3N., R1W., B.M. ADA COUNTY, ID
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c ENGINEERS. SURVEYORS. PLANNERS
9233 WEST STATE STREET
BOISE, IDAHO 83714
PHONF 170815396939
? FAX i2OH) 639,6930
pRO
Te 05/21/2015
TECT; 72016
EET:
2OF2
LINE TABLE
LINEN
LINE TABLE
LINE N
LENGTH
DIRECTION
Lt
15.00
N89'39'03'W
1-2
24.68
N424 1'52"E
L3
107.51
NO'22'01'W
L4
78.33
N89'51'42"W
L5
26.76
N44'5VII"W
L6
31.51
NO'22'OI"W
L7
20.00
S89'32'491
L8
11.41
SO'22'01"E
L9
26.75
S44'51'11"E
L10
6.94
S89 -51'43"E
L11
32,99
NO -08'49"E
L12
10.00
S89'5111111E
L13
32.99
SO'08'49'W
L14
17.02
NO -07'56"E
L15
10.00
S89'52'04"E
L16
17.02
SO'07'560W
L17
39,92
S89'51'43"E
L18
127.42
S89'52'04"E
L19
157.35
NO'17'26"E
LINE TABLE
LINEN
I LENGTH
I DIRECTION
L20
MOO
N89'42'34'W
L21
27.16
N44'32'12 W
L22
126.25
NO'27'48"E
L23
34.39
N89'33'11"W
L24
20.00
NO'28'49"E
L25
54,39
S89'33'11"E
L25
137,97
SO -27'48"W
L27
10.55
S44'32'12"E
L28
80.68
S89'42'34"E
L29
151.26
SO'17'26"W
L30
15,00
SO'07'57"W
L31
31.04
SO -17'26'W
L32
65.74
N89'52'04'W
L33
19.64
50'27'48'3
L34
20.00
N89'32'12"W
L35
19.53
NO -27'48"E
L36
81.74
N89'52'04"W
L37
113.30
50'22'01"E
L38
24.75
S42'41'52"W
EXHI BIT B
CITY OF MERIDIAN WATER
WATER EASEMENT
SE 1/4 OF THE NE 1/4 SEC 11 T3N., R1W,, B.M. ADA COUNTY, ID
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER: 5J
PROJECT NUMBER:
ITEM TITLE: Meridian Joint School
Release of Wafer Easement Instrument # 103007924 for Meridian Joint School District
No. 2
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich 2015-056382
BOISE IDAHO Pgs=4 BONNIE- 061251201511:59 AM
MERIDIAN CITY _ _ NO FEE
001141 1320160 1638 0040 43
CITY OF MERIDIAN
RELEASE OF EASEMENT
WHEREAS, by easement dated January 7, 2003, and recorded on January 16, 2003 as Instrument Number
103007924 of the records of Ada County, State of Idaho, Joint School District No. 2 granted to the City of
Meridian, an Idaho Municipal Corporation, a water main easement for the construction, operation and
maintenance of a water line over and across the real property legally described and visually depicted on
Exhibits A and 13, attached hereto and incorporated herein.
WHEREAS, the continuance of this easement is no longer necessary or desirable because the easement
description does not accurately reflect the current location of the easement due to remodeling and reconstruction
at the site. A separate easement that correctly identifies the new location of the easement has been recorded and
will not be affected by this release.
NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and
abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall
forthwith cease and be extinguished.
IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper
officers thereunto duly authorized this 0?3 day of June, 2015.
CNYIIY�I�r�1�1:717/_V I
Fjjq �r 123F
weerq-mayor, — onxo
e�
ty
Holman, City Clerk RE 8 A
STATE OF IDAHO
ss
County of Ada
On this 0Z day of June, 2015, before me, a Notary Public, personally appeared Tammy
de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City
of Meridian, who 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.
rya �ro ,a
(SEAL) t A JF"�
Notary Public for Idaho
Residing at: rex vC� to n
Commission expires: `\ohYA
m
a
OV;3
�Ib :p YA (4 ffi 192
i
DESCRIPTION OF EASEMENT BEING RELEASED AND ABANDONED
EXHIBIT A
PERMANENT EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
An easement for waterline purposes located in the SE '/4 of the NE '/4 of Section 11,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at an aluminum cap monument marking the southeasterly corner of said SE '/4
of the NE '/a;
Thence N 0°09'43" E along the easterly boundary of said SE '/4 of the NE i/4 a distance of
463.34 feet to the POINT OF BEGINNING;
Thence continuing N 0°09'43" E a distance of 15.00 feet to a point;
Thence leaving said easterly boundary S 89°45'50" W a distance of 395.66 feet to a point;
Thence N 0'56'14" E a distance of 284.92 feet to a point;
Thence N 89°03'46" W a distance of 15.00 feet to a point;
Thence S 0'56'14" W a distance of 285.16 feet to a point;
Thence N 89°30'53" W a distance of 365.41 feet to a point;
Thence N 0°29'07" E a distance of 11.12 feet to a point;
Thence N 89'30'53" W a distance of 10.00 feet to a point;
Thence S 0029'07" W a distance of 11.53 feet to a point;
Thence S 85°02'20" W a distance of 13.19 feet to a point;
Thence N 89°23' 15" W a distance of 312.23 feet to a point;
Thence S 0°36'45" W a distance of 15.00 feet to a point;
Thence S 89'23'15" E a distance of 312.96 feet to a point;
Thence N 85°02'20" E a distance of 17.58 feet to a point;
Thence S 89°30'53" E a distance of 39.58 feet to a point;
Waterline Easement
Page 2
Thence S 0°23'43" E a distance of 141.99 feet to a point;
Thence S 41 °36'22" W a distance of 21.38 feet to a point;
Thence S 0°23'50" W a distance of 301.56 feet to a point on the southerly boundary of said
SE '/4 of the NE ''/4;
Thence S 89137'17" E along said southerly boundary a distance of 15.00 feet to a point;
Thence leaving said southerly boundary N 0°23'50" E a distance of 295.92 feet to a point;
Thence N 41136'22" E a distance of 21.50 feet to a point;
Thence N 0023'43" W a distance of 147.51 feet to a point;
Thence S 89°30'53" E a distance of 321.38 feet to a point;
Thence N 89°45'50" E a distance of 405.13 feet to the POINT OF BEGINNING.
This parcel contains 0.64 acres and is subject to any other easements existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
October 29, 2002
4t or
OF
fk s V��f
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Idaho Power Su
Acknowledgement of Terms of Idaho Power Surplus Property Bill of Sale to City of
Meridian of Wooden Distribution Pole
MEETING NOTES
[Y-6 7
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
P R® Surplus Property Bill of Sale N2 10322
An IDACORP company
For valuable consideration in the amount of$ / ,Idaho Power Company,whose
address is 1221 West Id o Street,dtpoise,Idaho 83702("IPC")effective ,20X d s hereby d
convey to (id' Mai aah' ,whose address is , L. YD- ,1 laic ( fW, ,Z er i yer")
and Buyer hereby hccepts title to and ownership of the following: l
Quantity Description Price
/ Wain dish Jbuiya pie lack){,aelz;. 104rctI et o ewio-ez. ..49
Subtotal 49
❑Cash ❑ Check# ❑Tax Exempt Tax .
Total
Buyer acknowledges and agrees that:
1) Buyer has been afforded the opportunity by IPC to inspect or have third parties inspect the goods, declined
to inspect the Goods or inspected the Goods, concluded their condition is satisfactory and agreed to purchase
the Goods.
2) IPC has made no representations or warranties of any kind to Buyer regarding the condition,
usability, value,safety or otherwise with respect to the Goods. The Goods are being sold to Buyer "AS
IS WHERE IS" and "WITH ALL FAULTS". Buyer agrees that this disclaimer is conspicuous and
binding.
3) IPC MAKES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
GOODS IDENTIFIED HEREIN.
4) Buyer waives any claims, demands, right of action against IPC, its officers, directors, employees and parent
company arising from or relating to the Goods or this purchase. Buyer shall indemnify, defend and hold
harmless IPC and its successors and their respective directors, officers, members, employees,
representatives, and agents, from and against any and all allegations, claims, liens, losses, demands,
damages, expenses, suits,judgments, and costs of any kind whatsoever, including settlement costs, court
costs, and reasonable attorneys' fees and expenses, arising out of, or relating to the Goods after the effective
date of transfer to Buyer;
5) Buyer has authority to purchase the Goods and the person signing below on behalf of Buyer is authorized to
sign on behalf of Buyer and by signing Buyer is bound to the terms in this Bill of Sale; and
6) IPC verified for Buyer that IPC has good title to the Goods, IPC has authority to sell and transfer the Goods
and the Goods are being sold free and clear of all liens, encumbrances, liabilities or adverse claims.
AGREED AND ACCEPTED
Buyer. IDAHO P WER P• /
. if ,e,...ale ____
Signature ii Signat
Printed Name afiSignor Printed Name of Signor
- 1/ /6 ;c,Jo / O �0V4, L
Title of Sigg c / Titlrsof Signor
0
3/1/3 7/7/7Y
Date Date
IPC Surplus Property Bill of Sale LGL 042(5/26/10) Page 1 of 2
Cat.ID 43132
PR
an
IDACORP company LI V211
DC
Wood Products
Some of these wood products or parts of these wood products may have been treated with
EPA-registered wood preservatives. Reuse of treated wood is appropriate with certain
restrictions. Treated wood should not be used in the interiors of buildings. It should not be
used where children are likely to be in frequent contact with the wood unless it is covered by
at least two coats of appropriate sealant. It should not be used where domestic animals or
livestock may crib (bite) or lick the wood. It should not be used where it is in contact with
food, feed, or drinking water (other than incidental contact). Never burn treated wood, as
the smoke and/or ash may be toxic.
Dispose of treated wood by ordinary trash collection or burial. If you have any questions on
your intended use of this material, please contact your local or state solid waste disposal
agency.
Electronic Equipment
Electronic equipment and components may contain hazardous materials. These materials may
include, but are not limited to the following items:
• lead in solder, batteries, and CRT glass
• silver in some batteries and connections
• mercury in some batteries and mercury switches
Disposal of these components, and electronic waste in general, may be regulated. You should
consult your local or state solid waste disposal agency prior to disposing of waste electrical
equipment or components.
Page 2 of 2
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Professional Agreement/ DesignWorks
Professional Services Agreement with DesignWorks Creative Inc. for Website
Management Services for the Meridian Anti -Drug Coalition for a Not -to -Exceed Amount
of $4,812.00 Annually for Four Years
MEETING NOTES
APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
PROFESSIONAL SERVICES AGREEMENT FOR WEBSITE MANAGEMENT
SERVICES FOR MERIDIAN ANTI-DRUG COALITION
This PROFESSIONAL SERVICES AGREEMENT FOR WEBSITE MANAGEMENT
SERVICES FOR MERIDIAN ANTI-DRUG COALITION is made this � � y of ' f
2015 ("Effective Date"), and entered into by and between the City of Meridian, a mumcipa
corporation organized under the laws of the State of Idaho ("City"), and DesignWorks Creative,
Inc., a general business corporation organized under the laws of the state of Idaho ("Contractor").
WHEREAS, City, by and through the Meridian Anti -Drug Coalition ("MADC"), has
received a Strategic Prevention Framework State Incentive Grant ("SPF/SIG") from the Idaho
Office of Drug Policy;
WHEREAS, MADC has invested SPF/SIG monies in programs that seek to reduce
substance abuse among youth and adults by, among other things, publicizing via website
MADC's work to address substance abuse prevention, community drug education and treatment;
WHEREAS, Contractor is specially trained, experienced, and competent to provide, and
has agreed to provide, website management services;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and
conditions hereinafter contained, the parties agree as follows:
I. TERMS AND CONDITIONS
A. Scope of Services.
1. Contractor shall perform and furnish to City, on behalf of MADC, services and
deliverables services described in Exhibit A hereto.
2. Contractor shall provide services and work under this Agreement consistent with the
SPF/SIG requirements and any other applicable standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions. Contractor
represents and warrants that Contractor will perform all 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.
B. Consideration.
1. In the first grant year, City shall pay Contractor for services rendered in the form of a
lump sum payment not to exceed four thousand eight hundred and twelve dollars
($4,812.00).
2. In subsequent grant years, City shall pay Contractor for services rendered in the form
of a firm fixed amount, divided into monthly payments, through the completion and
delivery of evaluation of services throughout the grant year. The amount paid by City
to Contractor under this Agreement shall not exceed four thousand eight hundred and
twelve dollars ($4,812.00) per year.
PROFESSIONAL SERVICES AGREEMENT -WEBSITE MANAGEMENT SERVICES PAGE r Of 6
3. To receive payment, Contractor shall provide a written, itemized invoice to the
Meridian Police Department certifying Contractor's completion of the specified work.
Following verification of such delivery and conformance by the Meridian Police
Department, City shall pay Contractor within thirty (30) days of receipt of such
invoice. Contractor shall submit the final invoice to City no later than thirty (30) days
after the expiration or termination of this Agreement.
4. Except as expressly provided in this Agreement, Contractor shall not be entitled to
receive from 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, or transportation. Further, without limitation, Contractor
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.
C. Time of performance.
1. This Agreement shall become effective as of the Effective Date upon execution by
both parties, and shall expire on July 31, 2018, unless earlier terminated or mutually
extended by separate written agreement.
2. 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.
D. Independent contractor. In all matters pertaining to this Agreement, Contractor shall be
acting as an independent contractor, and neither Contractor nor any officer, employee or
agent of Contractor shall be deemed an employee or agent of City in any manner or for
any purpose. Specifically, without limitation, Contractor understands, acknowledges, and
agrees:
1. Contractor is free from actual and potential control by City in the provision of
services under this Agreement.
2. Contractor is engaged in an independently established trade, occupation, profession,
or business.
3. Contractor has the authority to hire subordinates.
4. Contractor owns and/or will provide all major items of equipment necessary to
perform services under this Agreement.
5. Neither Contractor nor City shall be liable to the other for a peremptory termination of
the business relationship described under this Agreement.
E. Indemnification and insurance.
Contractor shall indemnify and save and hold harmless City from and for any and all
losses, claims, actions, judgments for damages, and/or injury to persons or property
and losses and expenses and other costs including litigation costs and attorneys' fees,
arising out of, resulting from, or in connection with the performance of this
Agreement by Contractor and/or Contractor's officers, employs, agents,
representatives and/or subcontractors and resulting in and/or attributable to personal
PROFESSIONAL SERVICES AGREEMENT- WEBSITE MANAGEMENT SERVICES PAGE 2 of 6
injury, death, and/or damage and/or destruction to tangible or intangible property and
not caused by or arising out of the tortious conduct of City or its employees.
2. Contractor shall not be required by this Agreement to obtain worker's compensation
insurance because Contractor is acting as a sole practitioner; however, should
Contractor, in the course of work related to this Agreement, employ any person,
Contractor shall notify City and shall obtain Worker's Compensation Insurance in the
statutory limits as required by law.
C. Notices. Any and all notices, invoices, and/or reports required to be provided by either of
the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be
deemed communicated when mailed by United States Mail, addressed as follows:
Lt. Scott Colaianni DesignWorks Creative, Inc.
Meridian Police Department 138 S. 5th Street
1401 E. Watertower Street Boise, Idaho 83702
Meridian, Idaho 83642
Either party may change its address for the purpose of this section by giving written
notice of such change to the other in the manner herein provided.
D. 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.
E. Assignment. It is expressly agreed and understood by the parties hereto, that Contractor
shall not have the right to assign, transfer, hypothecate, sell, or subcontract any of
Contractor's rights or obligations under this Agreement except upon the prior express
written consent of City.
F. Discrimination prohibited. In performing the services required hereunder, Contractor
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.
G. Reports and information. At such times and in such forms as City may require, there
shall be furnished to City such statements, records, reports, data and information as City
may request pertaining to matters covered by this Agreement.
H. Audits and inspections. At any time during normal business hours and as often as City
may deem necessary, there shall be made available to City for examination all of
Contractor's records with respect to all matters covered by this Agreement. Contractor
shall permit 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,
PROFESSIONAL SERVICES AGREEMENT- WEBSITE MANAGEMENT SERVICES PAGE 3 Of 6
conditions of employment and other data relating to all matters covered by this
Agreement.
I. 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. 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.
I Compliance with laws. In performing the scope of services required hereunder,
Contractor shall comply with all applicable laws, ordinances, and codes of federal, state,
and local governments.
K. Termination:
1. Grounds for termination of this Agreement shall include, but shall not be limited to:
a. Any act or omission by Contractor and/or Contractor's officers, employees, or
agents, by which Contractor fails to fulfill in a timely and proper manner
Contractor's obligations under this Agreement, violates any of the covenants,
agreements, and/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.
b. A determination by the Meridian City Council that termination of this Agreement
is in the best interest of City.
c. An act or omission by either party which breaches any term of this Agreement.
d. An act of nature, loss of grant funding, or other unforeseeable event which
precludes or makes impossible the performance of the terms of this Agreement by
either party.
e. A change in circumstances that renders the performance by either party a
detriment to the public health, safety, or welfare.
2. Either party may terminate this Agreement by providing written notice of intention to
terminate. Such written notice shall include a description of the breach or
circumstances providing grounds for termination. A seven (7) day cure period shall
commence upon mailing of the notice of intention to terminate. If, upon the
expiration of such cure period, cure of the breach or circumstances providing grounds
for termination has not occurred, this Agreement may be terminated upon mailing of
written notice of termination.
3. In the event of any termination of this Agreement for any reason and/or by either
party, all finished or unfinished documents, data, and reports prepared by Contractor
under this Agreement shall become City's property, and Contractor shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, not to exceed the maximum amount set forth herein.
4. Notwithstanding the above or any other provision of this Agreement, Contractor shall
not be relieved of liability to City for damages sustained by City by virtue of any
breach of this Agreement by Contractor, and City may withhold any payments to
Contractor for the purposes of set-off until such time as the exact amount of damages
PROFESSIONAL SERVICES AGREEMENT- WEBSITE MANAGEMENT SERVICES PAGE 4 of 6
due City from Contractor is determined. This provision shall survive the termination
of this agreement and shall not relieve Contractor of liability to City for damages.
L. Construction and severability. 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.
M. Advice of attorney. Each party warrants and represents that in executing this
Agreement, it has received independent legal advice from its respective attorney and/or
has received the opportunity to seek such advice.
N. Non -waiver. Failure of either party to promptly enforce the strict performance of any
term of this Agreement shall not constitute a waiver or relinquishment of any party's right
to thereafter enforce such term, and any right or remedy hereunder may be asserted at any
time after the governing body of either party becomes entitled to the benefit thereof,
notwithstanding delay in enforcement.
O. 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.
P. Applicable law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
Q. Non -Appropriation. Contractor acknowledges that City is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate. In the event of termination for non -appropriation of
funds, Contractor shall be paid fees and expenses earned up to the date of such
termination.
R. Approval required. This Agreement shall not become effective or binding until
approved by the governing body of City.
CONTRA¢
BY:
lly Mitc ell
CIT AF-ME32ID c.��tdi"TEDAU��rT
t
s
oma,
n � Cityof
Tammy d� Wird, Mayor onxo iaycee Aman, City Clerk
CL// SE y,
IhI I ).E AS�A�yny
PROFESSIONAL SERVICES AGREHMENT— WEBSITE MANAGEMENT SERVICES PAGE 5 Of 6
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT— WEBSITE MANAGEMENT SERVICES PAGE 6 of 6
B 138 S 5th St, Boise, ID 83702
�� �� Phone 208-344-0024
krmoey,rore wnsono.srynwora,, k[. www.DesignWorksCreative.com
April 23, 2015
Kendall Nagy <knagy@meridiancity.org>
Lieutenant Scott Colaianni <scolaianni@meridiancity.org>
MADC
C57ttdTUC v2o
Project: Web site Hosting:
Wordpress Business Web Hosting
($9.99/month currently on sale 50%off - 1 year prepay min.) $120.00
GoDaddy Business Managed Wordpress Web Hosting.
We can setup and bill you, or we could tie this to your credit card and you would be
responsible for renewing and paying.
Project: Web site design and development: $3,000.00
Hosting setup, existing (http://meridianmadc.org) Domain to be
pointed (or transferred) to new Hosting DNS/
Design/Production/Posting/Testing of new Wordpress based site.
Number of pages or sections similar to existing site with refinements.
Project: Web site Maintenance:
Month-to-month option: Time spent/time billed $75/hr
Per above stated estimate approval we will:
• Begin work upon receipt of 1/3 down retainer ($1,000,00) for website design and development, with the remaining
balance ($2,000.00) due at completion of final website posting.
• Provide instructions for setting up Wordpress Hosting on MADC end for billing/payment to be controlled by MADC, or
set up the hosting and bill MADC for 1 year prepayment and bill renewing fees each year or longer (depending upon
hosting prepayment term chosen). Note: the longer the term paid for the better per month price cost. Also, costs for
hosting are constantly changing and going on and off sale price. The above estimate was based on cost when initial
estimate was provided at the beginning of April. I think it may have gone down in cost since then.
• After initial site is posted, refined and approved, any further updates to the site will be billed at $75/hr. Depending
upon amount of time spent on updates, we can bill monthly or every other month.
Please let me know if you have any questions or need anything else.
Kelly Mitchell
208-344-0024 1 kelly@designworkscreative.com
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER: 5M
PROJECT NUMBER:
ITEM TITLE: Professional Agreement/ Monte Stiles
Professional Services Agreement with Monte Stiles for Policy and Advocacy Consultant
Services for the Meridian Anti -Drug Coalition for the Not -to -Exceed Amount of
$15,000.00 Annually for Four Years
MEETING NOTES
APPROIED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
PROFESSIONAL SERVICES AGREEMENT FOR POLICY AND ADVOCACY
CONSULTANT SERVICES FOR MERIDIAN ANTI-DRUG COALITION
This PROFESSIONAL SERVICES AGREEMENT FOR POLICY AND ADVOCACY
CONSULTANT SERVICES FOR MERIDIAN ANTI-DRUG COALITION is made this` -t 03
day of 2015 ("Effective Date"), and entered into by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and
Monte Stiles, LLC, a limited liability company organized under the laws of the state of Idaho
("Contractor").
WHEREAS, City, by and through the Meridian Anti -Drug Coalition ("MADC"), has
received a Strategic Prevention Framework State Incentive Grant ("SPF/SIG") from the Idaho
Office of Drug Policy;
WHEREAS, MADC has invested SPF/SIG monies in programs that seek to reduce
substance abuse among youth and adults by, among other things, advocating for local and state
policy and legislative changes to address substance abuse prevention, community drug education
and treatment;
WHEREAS, Contractor is specially trained, experienced, and competent to provide, and
has agreed to provide, services related to developing advocacy strategies and leading MADC in
strategic thinking to empower MADC to effect such change;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and
conditions hereinafter contained, the parties agree as follows:
I. TERMS AND CONDITIONS
A. Scope of Services.
1. Contractor shall perform and furnish to City, on behalf of MADC, at least ten (10)
hours of work monthly, or as requested by MADC, to include the following services:
a. Serve as a speaker, trainer, facilitator, and/or panel member for community drug
education events, including training at monthly coalition meetings.
b. Research and track local and national developments, policies, and legislation that
impact or may impact substance abuse prevention, education, and treatment.
c. Identify relevant voter initiatives and legislative proposals, and effectively
describe to MADC the concerns of drug prevention to which they relate.
d. Provide technical assistance and training to assist MADC membership,
community partners and others in organizing advocacy efforts related to substance
abuse prevention and treatment.
e. Communicate relevant information to MADC membership, through email
messages, memos, and trainings.
I. Provide expertise and experience regarding effective community drug education
programs.
g. Provide information for the MADC website, and social media, to include relevant
PROFESSIONAL SERVICES AGREEMENT—POLICY/ADVOCACY CONSULTATION PAGE I of 6
facts and resources relating to substance abuse prevention, education and
treatment.
h. Provide information to MADC membership and the general public regarding drug
trends.
i. Prepare and/or identify documents that can be used by coalition members to
educate the community.
j. Represent MADC at local, state and national conferences.
2. Contractor shall provide services and work under this Agreement consistent with the
SPF/SIG requirements and any other applicable standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions. Contractor
represents and warrants that he will perform all 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.
B. Consideration.
1. City shall pay Contractor for services rendered in the amount of one hundred and
twenty-five dollars per hour ($125/hour), and for travel expenses up to five thousand
dollars ($5,000) annually. Payment to Contractor under this Agreement shall not
exceed fifteen thousand dollars ($15,000) annually.
2. To receive payment for services rendered, Contractor shall provide a written, itemized
invoice to the Meridian Police Department certifying Contractor's completion of the
specified work. Following verification of such delivery and conformance by the
Meridian Police Department, City shall pay Contractor within thirty (30) days of
receipt of such invoice. Contractor shall submit the final invoice to City no later than
thirty (30) days after the expiration or termination of this Agreement.
3. City shall reimburse Contractor for travel expenses where such travel is related to
services rendered under this Agreement, including, but not limited to, costs related to
Contractor's event registration fees, air or ground travel, baggage check or carry -on
fees, tips, ground transportation, rental car, lodging, and meals. City shall not pay for
travel upgrades, phone calls, internet usage, entertainment, alcoholic beverages,
laundry services, valet, banking or ATM fees, or expenses paid on behalf of others,
including family members. All travel must be pre -approved by City and must be
undertaken via the most economical means practical. Following approved travel,
Contractor shall submit an invoice, with an itemized travel expense report and
receipts, to the Meridian Police Department within fourteen (14) days of travel.
Following verification of such delivery and conformance by the Meridian Police
Department, City shall pay Contractor within thirty (30) days of receipt of such
invoice. Contractor shall submit the final invoice to City no later than thirty (30) days
after the expiration or termination of this Agreement.
PROFESSIONAL SERVICES AGREEMENT—POLICY/ADVOCACY CONSULTATION PAGE 2 of 6
4. Contractor shall not be entitled to receive from City any additional consideration,
compensation, salary, wages, or other type of remuneration for services rendered
under this Agreement. Further, without limitation, Contractor 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.
C. Time of performance.
1. This Agreement shall become effective as of the Effective Date upon execution by
both parties, and shall expire on July 31, 2018, unless earlier terminated or mutually
extended by separate written agreement.
2. 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.
D. Independent contractor. In all matters pertaining to this Agreement, Contractor shall be
acting as an independent contractor, and neither Contractor nor any officer, employee or
agent of Contractor shall be deemed an employee or agent of City in any manner or for
any purpose. Specifically, without limitation, Contractor understands, acknowledges, and
agrees:
1. Contractor is free from actual and potential control by City in the provision of
services under this Agreement.
2. Contractor is engaged in an independently established trade, occupation, profession,
or business.
3. Contractor has the authority to hire subordinates.
4. Contractor owns and/or will provide all major items of equipment necessary to
perform services under this Agreement.
5. Neither Contractor nor City shall be liable to the other for a peremptory termination of
the business relationship described under this Agreement.
E. Indemnification and insurance.
1. Contractor shall indemnify and save and hold harmless City from and for any and all
losses, claims, actions, judgments for damages, and/or injury to persons or property
and losses and expenses and other costs including litigation costs and attorneys' fees,
arising out of, resulting from, or in connection with the performance of this
Agreement by Contractor and/or Contractor's officers, employs, agents,
representatives and/or subcontractors and resulting in and/or attributable to personal
injury, death, and/or damage and/or destruction to tangible or intangible property and
not caused by or arising out of the tortious conduct of City or its employees.
2. Contractor shall not be required by this Agreement to obtain worker's compensation
insurance because Contractor is acting as a sole practitioner; however, should
Contractor, in the course of work related to this Agreement, employ any person,
Contractor shall notify City and shall obtain Worker's Compensation Insurance in the
statutory limits as required by law.
PROFESSIONAL SERVICES AGREEMENT— POLICY/ADVOCACY CONSULTATION PAGE 3 of 6
C. Notices. Any and all notices, invoices, and/or reports required to be provided by either of
the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be
deemed communicated when mailed by United States Mail, addressed as follows:
Lt. Scott Colaianni Monte Stiles, LLC
Meridian Police Department 3671 Daisy Way
1401 E. Watertower Street Boise, Idaho 83709
Meridian, Idaho 83642
Either party may change its address for the purpose of this section by giving written
notice of such change to the other in the manner herein provided.
D. 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.
E. Assignment. It is expressly agreed and understood by the parties hereto, that Contractor
shall not have the right to assign, transfer, hypothecate, sell, or subcontract any of
Contractor's rights or obligations under this Agreement except upon the prior express
written consent of City.
F. Discrimination prohibited. In performing the services required hereunder, Contractor
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.
G. Reports and information. At such times and in such forms as City may require, there
shall be furnished to City such statements, records, reports, data and information as City
may request pertaining to matters covered by this Agreement.
H. Audits and inspections. At any time during normal business hours and as often as City
may deem necessary, there shall be made available to City for examination all of
Contractor's records with respect to all matters covered by this Agreement. Contractor
shall permit 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.
I. 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. 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.
PROFESSIONAL SERVICES AGREEMENT—POLICY/ADVOCACY CONSULTATION PAGE 4 of 6
J. Compliance with laws. In performing the scope of services required hereunder,
Contractor shall comply with all applicable laws, ordinances, and codes of federal, state,
and local governments.
K. Termination:
1. Grounds for termination of this Agreement shall include, but shall not be limited to:
a. Any act or omission by Contractor and/or Contractor's officers, employees, or
agents, by which Contractor fails to fulfill in a timely and proper manner
Contractor's obligations under this Agreement, violates any of the covenants,
agreements, and/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.
b. A determination by the Meridian City Council that termination of this Agreement
is in the best interest of City.
c. An act or omission by either party which breaches any term of this Agreement.
d. An act of nature, loss of grant funding, or other unforeseeable event which
precludes or makes impossible the performance of the terns of this Agreement by
either party.
e. A change in circumstances that renders the performance by either party a
detriment to the public health, safety, or welfare.
2. Either party may terminate this Agreement by providing written notice of intention to
terminate. Such written notice shall include a description of the breach or
circumstances providing grounds for termination. A seven (7) day cure period shall
commence upon mailing of the notice of intention to terminate. If, upon the
expiration of such cure period, cure of the breach or circumstances providing grounds
for termination has not occurred, this Agreement may be terminated upon mailing of
written notice of termination.
3. In the event of any termination of this Agreement for any reason and/or by either
party, all finished or unfinished documents, data, and reports prepared by Contractor
under this Agreement shall become City's property, and Contractor shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, not to exceed the maximum amount set forth herein.
4. Notwithstanding the above or any other provision of this Agreement, Contractor shall
not be relieved of liability to City for damages sustained by City by virtue of any
breach of this Agreement by Contractor, and City may withhold any payments to
Contractor for the purposes of set-off until such time as the exact amount of damages
due City from Contractor is determined. This provision shall survive the termination
of this agreement and shall not relieve Contractor of liability to City for damages.
L. Construction and severability. 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.
PROFESSIONAL SERVICES AGREEMENT- POLICY/ADVOCACY CONS UCfKnON PAGE 5 of 6
M. Advice of attorney. Each party warrants and represents that in executing this
Agreement, it has received independent legal advice from its respective attorney and/or
has received the opportunity to seek such advice.
N. Non -waiver. Failure of either party to promptly enforce the strict performance of any
term of this Agreement shall not constitute a waiver or relinquishment of any party's right
to thereafter enforce such term, and any right or remedy hereunder may be asserted at any
time after the governing body of either party becomes entitled to the benefit thereof,
notwithstanding delay in enforcement.
O. 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.
P. Non -Appropriation. Contractor acknowledges that City is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate. In the event of termination for non -appropriation of
funds, Contractor shall be paid fees and expenses earned up to the date of such
termination.
Q. Applicable law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
R. Approval required. This Agreement shall not become effective or binding until
approved by the governing body of City.
CONTRACTOR:
BY:
onte Stiles
CITY OF MERIDIAN:
Tanuny�Ke Weerd, Mayor
K"
� AHO
Atte 5; SERI,
����� i0.4 Abu4
Jaycee Holman, City
PROFESSIONAL SERVICES AGREEMENT — POLICY/ADVOCACY CONSULTATION PAGE 6 of 6
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Items moved from consent agenda
MEETING NOTES
I"
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER: FP 15-022
ITEM TITLE: Caven Ridge Subdivision
FP 15-022 Coven Ridge Subdivision No. 1 by New Cavanaugh, LLC Located East Side of
S. Meridian Road and South of the Ridenbaugh Canal Request: Final Plat Approval
Consisting of Thirty -Seven (37) Building Lots and Nine (9) Common Area Lots on 14.06
Acres of Land in the R-8 Zoning District
MEETING NOTES
* ? ?/�
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER: FP 15-021
ITEM TITLE: Fall Creek Subdivision
FP 15-021 Fall Creek Subdivision No. 2 by Coleman Homes, LLC Located South of W.
Overland Road and East of S. Linder Road Request: Final Plat Approval Consisting of
Thirty -Nine (39) Building Lots and Four (4) Common Lots on 12.51 Acres of Land in the R-8
Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
ITEM TITLE:
PROJECT NUMBER: PP 15-008
Subdivision
Public Hearing: PP 15-008 Normandy Subdivision by Schultz Development Located at
4145 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of 1 10 Building
Lots and 9 Common Lots on 26.93 Acres of Land in an R-8 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
June 23, 2015 ITEM # 7C
Project Number: PP 15-008
Project Name: Normandy
PLEASE PRINT NAME
m
FOR I AGAINST I NEUTRALI
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER: AZ 15-003
ITEM TITLE: Shelburne Subdivision
Public Hearing: AZ 15-003 Shelburne Subdivision by Shelburne Properties, LLC Located
3405, 3497 and 3801 E. Zaldia Lane Request: Annexation and Zoning of 30.21 Acres of
Land with an R-4 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER: 7E
PROJECT NUMBER: PP 15-005
ITEM TITLE: Shelburne Subdivision
Public Hearing: PP 15-005 Shelburne Subdivision by Shelburne Properties, LLC Located
3405, 3497 and 3801 E. Zaldia Lane Request: Preliminary Plat Approval Consisting of
Seventy -Eight (78) Building Lots and Fifteen (15) Common Lots on 30.2 Acres of Land
MEETING NOTES
APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER: 7F
PROJECT NUMBER: VAC 15-006
ITEM TITLE: Shelburne Subdivision
Public Hearing: VAC 15-006 Shelburne Subdivision by Shelburne Properties, LLC Located
3405, 3497 and 3801 E. Zaldia Lane Request
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
DATE June 23, 2015 ITEM # 7D/E/F
Project Number: AZ 15-003 / PP 15-005 / VAC 15-006
Project Name: Shelburne
PLEASE PRINT NAME
FOR
AGAINST
NEUTRAL
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Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER: $A
PROJECT NUMBER:
ITEM TITLE: Department Reports/Legal and Fire Dept.
Continued from June 16, 2015: Legal and Fire Departments: Memorandum of
Understanding and Agreement between the City of Meridian and the Meridian Rural
Fire Protection District
MEETING NOTES
L
-7 /A
POM
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Legal Department Reports
Legal Department Report: Updates to Meridian City Code to comply with updates to
Idaho Code and to reclassify penalties
MEETING NOTES
'-�?, I I IaAr
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Updates Meridian City Code
Ordinance No. : Updates to Meridian City Code to comply with 2015
updates to Idaho Code and to reclassify violation penalties
MEETING NOTES
ATROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN ORDINANCE NO. /( - i(.0 q1
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING
OR REPEALING THE FOLLOWING PROVISIONS OF MERIDIAN CITY CODE: SECTION
1-7-5(C), REGARDING CITY COUNCIL MEETINGS; SECTION 1-14-7, REGARDING
STATUTORY STANDARDS; SECTION 6-4-1(D), REGARDING JUVENILE CURFEW;
SECTION 6-4-2, REGARDING MINORS IN POSSESSION OF CIGARETTES OR
TOBACCO; SECTION 5-4-12(A), REGARDING PENALTIES FOR FIREWORKS CODE
VIOLATIONS; SECTION 6-2-8(A), REGARDING BARKING DOGS; SECTION 6-2-8(B),
REGARDING CRUELTY TO ANIMALS; SECTION 6-2-8(D), REGARDING DOG AT
LARGE IN PUBLIC PLACE; SECTION 6-3-1, REGARDING ADOPTION OF TITLE 18,
IDAHO CODE; SECTION 6-3-4, REGARDING MALICIOUS INJURY TO PROPERTY;
SECTION 6-3-5, REGARDING TRESPASSING; SECTION 6-3-9(A), REGARDING PUBLIC
URINATION; SECTION 6-3-11, REGARDING UNLAWFUL SALE AND POSSESSION OF
ILLEGAL SMOKING PRODUCTS; SECTION 6-4-3, REGARDING MINOR IN POSSESSION
OF ALCOHOLIC BEVERAGE; SECTION 6-4-4, REGARDING MINORS IN POOL HALLS;
SECTION 6-4-5, REGARDING ENCOURAGING DELINQUENCY; SECTION 6-4-6,
REGARDING RUNAWAYS AND DELINQUENTS; SECTION 7-1-1, REGARDING
ADOPTION OF STATE VEHICLE LAWS; SECTION 7-1-6(C), REGARDING SPEED
RESTRICTIONS IN SCHOOL ZONES; ADOPTING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in its 2015 session, the Idaho Legislature passed the Idaho Transparent and
Ethical Government Act, codified at Title 74, Idaho Code, which renumbers the Idaho Public Records
Act, Open Meetings laws, and Ethics in Government Act, thereby necessitating an update to references
thereto in Meridian City Code;
WHEREAS, in its 2015 session, the Idaho Legislature passed updates to Idaho Code sections
20-549 (regarding curfew violations), 39-2609 (regarding fireworks sales and use violations), and 39-
5703 (regarding possession and distribution of tobacco by minors), which reclassify violations of these
provisions from misdemeanors to infractions;
WHEREAS, the Public Defense subcommittee of the Idaho Criminal Justice Commission has
recommended that certain provisions of Idaho municipalities' city codes currently designated as
misdemeanors be reclassified as infractions, in an effort to address public defender workload and jail
overcrowding;
WHEREAS, the City Attorney's Office has recommended that additional enumerated penalties
under Meridian City Code that are currently classified as misdemeanors be reclassified as infractions,
and that some regulations that are now redundant with provisions of Idaho Code be repealed;
WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the
health, safety, and welfare of the people of Meridian to update the following provisions of Meridian
City Code to be consistent with these recommendations and changes in Idaho Code;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, ADA COUNTY, IDAHO:
2015 LEGISLATION CITY CODE UPDATES PAGE I OP 5
Section 1. That Meridian City Code section 1-7-5(C), regarding City Council meetings, shall
be amended as follows:
C. Open Meetings: Meetings of the city council shall be open to the public pursuant to Title 74
Chapter 2, Idaho Code section 67 '� "
X41 et-sN,
Section 2. That Meridian City Code section 1-14-7, regarding statutory standards, shall be
amended as follows:
1-14-7: STATUTORY STANDARDS:
There are eei4aia provisions in the eriminal statutes of the state which shoHid, While not set forth h0fei
but ineeTperated herein, be eansidefed an integral part of this chaptef. Aeeorclingly, the proN4sieas e
the follo..A,,, sections of trah Code-, The Idaho Transparent and Ethical Government Act, as may
be amended, are is hereby incorporated herein by this reference and made a part of this chapter and
shall apply to the mayor, all council members, board members, committee members, commission
members, or employees of the city, whenever applicable.-.
Section 3. That Meridian City Code section 6-4-1(D), regarding juvenile curfew, shall be
amended as follows:
D. Penalty For Parent Or Guardian: Any parent, guardian, or other adult person having the care and
custody of any person under the age of eighteen (18) years who shall violate the provisions of this
section, upon conviction thereof, shall be subject to penalty as provided in Idaho Code section 20 -
Section 4. That Meridian City Code section 6-4-2, regarding minors in possession of cigarettes
or tobacco, shall be repealed.
2015 LEGISLATION CITY CODE, UPDATES PAGE 2 of 5
Section 5. That Meridian City Code section 5-4-12(A), regarding penalties for fireworks code
violations, shall amended as follows:
A. It shall be unlawful for any person, firm or corporation to violate any of the provisions of this
chapter. Any violation thereof shall constitute an infraction and shall be punishable by a fine of one
hundred dollars ($100)^ ^a� ' ^' ' ^''�' •• ^ aI
Section 6. That Meridian City Code section 6-2-8(A), regarding barking dogs, shall be
amended as follows:
A. Barking Dog: It shall be unlawful for any dog owner to permit a dog owned by such person to carry
on excessive, continuous or untimely barking or noise. A violation of this subsection shall constitute an
infraction punishable by a fine of one hundred dollars ($100 00)
of ______ ______d_d d___a_., ($300.00) and ninety (9 0) .. Jam..
Section 7. That Meridian City Code section 6-2-8(B), regarding cruelty to animals, shall be
repealed.
Section 8. That Meridian City Code section 6-2-8(D), regarding dog at large in public place,
shall be amended as follows:
D. Dog At Large In Public Place: Except as otherwise allowed by law, it shall be unlawful for any dog
owner to allow or cause any dog owned by such person to be or remain in any public place, unless
such dog is controlled by a leash not exceeding six feet (6) in length. A person's first violation of this
subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). A person's
second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars
($50.00). A person's third violation of this subsection shall constitute an infraction punishable by a fine
of one hundred dollars ($100.00)
($300.00) and nines• i00'rn� . The animal control officer may seize and impound any dog found
in violation of this subsection.
Section 9. That Meridian City Code section 6-3-1, regarding adoption of Title 18, Idaho Code,
shall be repealed.
Section 10. That Meridian City Code section 6-3-4, regarding malicious injury to property,
shall be repealed.
Section 11. That Meridian City Code section 6-3-5, regarding trespassing, shall be repealed.
Section 12. That Meridian City Code section 6-3-9(A), regarding public urination, shall be
amended as follows:
A. To promote and protect the public health of the inhabitants of the city of Meridian it shall be an
infraction punishable by a fine of one hundred dollars$10( 0 00)sde eano,- for any person to
excrete human waste upon the ground within the corporate city limits.
Section 13. That Meridian City Code section 6-3-11, regarding unlawful sale and possession of
illegal smoking products, shall be repealed.
2015 LEGISLATION CITY CODE UPDATES PAGE 3 OF 5
Section 14. That Meridian City Code section 6-4-3, regarding minor in possession of alcoholic
beverage, shall be repealed.
Section 15. That Meridian City Code section 6-4-4, regarding minors in pool halls, shall be
repealed.
Section 16. That Meridian City Code section 6-4-5, regarding encouraging delinquency, shall
be repealed.
Section 17. That Meridian City Code section 6-4-6, regarding runaways and delinquents, shall
be repealed.
Section 18. That Meridian City Code section 7-1-1, regarding adoption of state vehicle laws,
shall be repealed.
Section 19. That Meridian City Code section 7-1-6(C), regarding speed restrictions in school
zones, shall be repealed.
Section 20. All City of Meridian ordinances, or resolutions, or parts thereof, which are in
conflict herewith, are hereby repealed.
Section 21. That this ordinance shall be effective immediately upon its passage and
publication. , c�
PASSED by the City Council of the City of Meridian, Idaho, this j" day of June, 2015.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of June, 2015.
APPROVED: 4200 On TED.,Lw3T 9 ATTEST:
o,
0 /9 cityw
Tammy d, Mayor
SEAL
A
Z'4' IDEASUP�'
City Cleric
2015 LEGISLATION CITY CODE UPDATES PAGE 4 OF 5
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 15- &117
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING
OR REPEALING THE FOLLOWING PROVISIONS OF MERIDIAN CITY CODE: SECTION
1-7-5(C), REGARDING CITY COUNCIL MEETINGS; SECTION 1-14-7, REGARDING
STATUTORY STANDARDS; SECTION 6-4-1(D), REGARDING JUVENILE CURFEW;
SECTION 6-4-2, REGARDING MINORS IN POSSESSION OF CIGARETTES OR
TOBACCO; SECTION 5-4-12(A), REGARDING PENALTIES FOR FIREWORKS CODE
VIOLATIONS; SECTION 6-2-8(A), REGARDING BARKING DOGS; SECTION 6-2-8(B),
REGARDING CRUELTY TO ANIMALS; SECTION 6-2-8(D), REGARDING DOG AT
LARGE IN PUBLIC PLACE; SECTION 6-3-1, REGARDING ADOPTION OF TITLE 18,
IDAHO CODE; SECTION 6-3-4, REGARDING MALICIOUS INJURY TO PROPERTY;
SECTION 6-3-5, REGARDING TRESPASSING; SECTION 6-3-9(A), REGARDING PUBLIC
URINATION; SECTION 6-3-11, REGARDING UNLAWFUL SALE AND POSSESSION OF
ILLEGAL SMOKING PRODUCTS; SECTION 6-4-3, REGARDING MINOR IN POSSESSION
OF ALCOHOLIC BEVERAGE; SECTION 6-4-4, REGARDING MINORS IN POOL HALLS;
SECTION 6-4-5, REGARDING ENCOURAGING DELINQUENCY; SECTION 6-4-6,
REGARDING RUNAWAYS AND DELINQUENTS; SECTION 7-1-1, REGARDING
ADOPTION OF STATE VEHICLE LAWS; SECTION 7-1-6(C), REGARDING SPEED
RESTRICTIONS IN SCHOOL ZADOPTING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DA �eJn Te°'O o
64H0
Mayor and City Council m �
By: Jaycee Holman, City Clerk e SFAl.
P
�Ide'lBEd5�0.�
First Reading: -a3-6--
Adopted after first reading by suspension of the Rule as allowed pursuant to
Idaho Code § 50-902: YES I% NO
Second Reading: --
Third Reading: --
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 15- /&1/7
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies
that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 15--&—q—%
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 day of 2015.
William L.M. Nary
City Attorney
2015 LEGISLATION Cn'Y CODE. UPDATES PAGF 5 OF 5
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Public Works Budget Amendment
Public Works: Budget Amendment for FY2015 in the Amount of $175,000.00 for Well 27
Water Treatment Facility Equipment Procurement
MEETING NOTES
VL
Community Item/Presentations Presenter Contact Info./Notes
APPROVED
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
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TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Kyle Radek, Assistant City Engineer
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borten
Luke Cavener Genesis Milam
Charlie Rountree David Zaremba
DATE: May 28, 2015
SUBJECT: BUDGET AMENDMENT FOR FY2015 IN THE AMOUNT OF $175,000
FOR WELL 27 WATER TREATMENT FACILITY EQUIPMENT
PROCUREMENT
I. RECOMMENDED ACTION
A. Move to:
1. Approve the FY2015 Budget Amendment for $175,000; and
2. Authorize the Mayor to sign the amendment.
II. DEPARTMENT CONTACT PERSONS
Kyle Radek, Assist City Engineer 489-0343
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Background
The Well 27 Treatment Facility project was initiated to continue the process of
mitigating brown water in the City's potable water system by improving the
water quality. This is year one of this two-year project which includes pilot
testing, equipment specification development, and equipment procurement. Pilot
testing and specification development have been completed for the equipment
needed and equipment proposals have been evaluated. The cost of equipment for
the winning proposal is more than the FY 15 project budget.
Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642
Phone 208-898-5500 . Fax 208-898-9551 . www.ineridiancity.org
B. Proposed Project
This budget amendment will provide funding required to complete the equipment
procurement for Well 27 Water Treatment and allow the project to move forward.
IV. IMPACT
A. Strategic Impact:
IN
This project supports the Public Works Mission and Vision for enhancing and
protecting water quality.
B. Service/Delivery Impact:
This project will improve the water quality delivered to our customers.
C. Fiscal Impact:
Proiect Costs
Well 27 Treatment Design Commitments
$217,300
Well 27 Treatment Equipment
$557,700
Total Cost
$775,000
Project Funding
FY 15 Budget $600,000
Budget Amendment $175,000
Total Funding $775,000
ALTERNATIVES
A. The City could choose not to approve the budget amendment, Without this
amendment, equipment procurement for the Water Treatment Facility at Well
27 will not be completed in FY 2015 and will have to be postponed.
VI. TIME CONSTRAINTS
Council approval will allow the contract for equipment to be completed in FY 2015
so it can be included in the construction of the building in FY 2016.
VII. LIST OF ATTACHMENTS
A. Budget amend t mul
Approved for Council Agenda: (� 7
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Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Public Works Budget Amend ment/Wastewater
Public Works: Budget Amendment for FY2015 in the Amount of $444,699.00 for the
Design of the Wastewater Resource Recovery Facility Capacity Expansion Project
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
��1 OL M ties
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
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TO: Mayor Tammy de Weerd
Members of the City Council
FROM: David Allison, Staff Engineer
DATE: June 12, 2015
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borten
Luke Cavener Genesis Milam
Charlie Rountree David Zaremba
SUBJECT: BUDGET AMENDMENT FOR FY2015 IN THE AMOUNT OF $444,699
FOR THE DESIGN OF THE WRRF CAPACITY EXPANSION PROJECT.
I. RECOMMENDED ACTION
A. Move to:
1. Approve the FY2015 Budget Amendment for $444,699; and
2. Authorize the Mayor to sign the amendment.
II. DEPARTMENT CONTACT PERSONS
David Allison, Staff Engineer II 489-0370
Clint Dolsby, Assistant City Engineer 489-0341
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Bacic rg ound
In the fall of 2014, influent wastewater flows at the Wastewater Resource
Recovery Facility (WRRF) nearly reached eighty percent of the design capacity
of the wastewater facility. The benchmark in the wastewater industry
recommends initiating design of capacity improvements to the facility when the
influent flows reach approximately eighty percent of the design capacity. As a
result of this, Brown and Caldwell was contracted to complete an evaluation of
the existing WRRF treatment capacity and an alternatives evaluation for capacity
related upgrades to the WRRF. Based on their modeling efforts and the pending
Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642
Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org
NPDES permit requirements, the WRRF needs to design and construct additional
treatment capacity and processes to meet the changing regulations and
accommodate future growth.
B. Proposed Project
This amendment is being requested to expedite the design of necessary capacity
and compliance process expansion projects required by the pending NPDES
permit and to accommodate future growth. The existing Wastewater Resource
Recovery Facility does not have the capacity to meet the proposed effluent targets
in the NPDES permit.
IV. IMPACT
A. Strategic Impact:
This project supports the Public Works Mission and Vision for enhancing and
protecting water quality and is aligned with preparations for Meridian's new
NPDES discharge permit. This amendment supports NPDES Implementation
Plan No. 41.
B. Service/Delivererer acct:
The project will ensure that the WRRF will meet fiiture capacity demands as the
City continues to grow, as well as completing the first phase of upgrades
required to meet the new regulations set forth in the NPDES permit.
C. Fiscal Impact:
V. ALTERNATIVES
The City could choose not to approve the budget amendment. Because time is of the
essence, not moving forward with this amendment may impact the City's ability to
accommodate future growth.
VI. LIST OF
A. Budget amend4ly4 form
Approved for Council Agenda �U. -��^�� _/
/ te
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Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER:
PROJECT NUMBER: RZ 15-006
ITEM TITLE: Rezone
Ordinance No. : An Ordinance(RZ 15-006) for the Re -zone of a
parcel of land located in the NW'/4 of the NW'/4 of Section 29, Township 4 North, Range
1 East, Boise Meridian, City of Meridian, Ada County, Idaho Establishing and
Determining the Land Use Zoning Classification of Said Lands from C -C (Community
Business) zoning district, R-8 (Medium Density Residential) zoning district and R-4
(Medium -Low Density Residential) zoning district to C -C (Community Business) zoning
district (9.38 acres), R-8 (Medium Density Residential) zoning district (2.76 acres) and R-4
(Medium -Low Density Residential) zoning district (0.51 acres
MEETING NOTES
&jIPPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich 2015-056380
BOISE IDAHO Pgs=11 BONNIE 061251201511:59 AM
MERIDIAN CITY NO FEE
111111111111111111111111111111111111111111111111111111
00114161201600663800110116
CITY OF MERIDIAN ORDINANCE NO. I �;_ 1 X079
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, ROUNTREE, ZARE MBA
AN ORDINANCE (RZ 15-006 — THREE CORNERS SUBDIVISION) FOR THE RE-
ZONE OF A PARCEL OF LAND LOCATED IN THE NW 'V4 OF THE NW `/4
SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY
OF MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING
THE LAND USE ZONING CLASSIFICATION OF C -C (COMMUNITY BUSINESS)
ZONING DISTRICT, R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING
DISTRICT, AND R-4 (MEDIUM -LOW DENSITY RE SIDENTIAL)ZONING
DISTRICT TO C -C (COMMUNITY BUSINESS) ZONING DISTRICT (9.38 ACRES),
R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT (2.76 ACRES), AND
R-4 (MEDIUM -LOW DENSITY RESIDENTIAL) ZONING DISTRICT (0.51 ACRES)
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 ofMeridian,
Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said
property, to -wit: Sweet Lank Development, Inc.
SECTION 2. That the above-described real property is hereby re -zoned from the C -C
(Community Business) zoning district, R-8 (Medium Density Residential) zoning district and R-4
(Medium -Low Density Residential) zoning district to C -C (Community Business) zoning district
(9.38 acres), R-8 (Medium Density Residential) zoning district (2.76 acres) and R-4 (Medium -Low
Density Residential) zoning district (0.51 acres), 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 zone said property.
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 to re -zone said property.
REZONE ORDINANCE—THREE CORNERS SUBDIVISION—RZ 15-006 PAGE 1 OF 3
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect fi•om and after its passage,
approval and publication, according to law.
SECTION 8. The Cleric 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 full Council, the rule requiring two (2) separate readings by title and one (1) reading
in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full
force and effect upon its passage, approval and publication.
�22 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
L✓Kdday of , ) "e- , 2015.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2314
day of j L -vx , 2015.
MAYOR MY de WEE
�90.AT4l��fi '®
ATTEST: �6 °O�
/ � C�Oi-X /_9 CffYof w
JAYCEE�L. HOLIYAN, CITY
odeTkf 6ll�
RE ZONE ORDINANCE - THREE CORNERS SUBDIVISION- RZ 15-006 PAGE 2 OF 3
STATE OF IDAHO, )
) ss:
County of Ada )
On this a -�) day of )ice P _ 2015, before me, the undersigned, a Notary Public in
and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to
me to be the Mayor and City Clerk, respectively, of the City ofMeridian, 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) '<;Ar�il� d Not ra Public for Ida�io
n
Residin At:
My Commission Expires:
REZONE ORDINANCE -THREE CORNERS SUBDIVISION -RZ 15-006 PAGE 3 OF 3
EXHIBIT A
Sawtooth land 5urveymy, LLC
AIN � =
I: I.a�l3.�Unrc�n troars;�rs-aro,
2030 5, woslm,0too Ave., CmncU, 10 6:3f317
April 2, 2016
Three; Comors Subdivision
Connnorclai Boundary Legal
A parcel of land located in the NW1/4 of the NWIM of Section 29j. 4 N., R. 1 E., S.M., City of
Meridian, Ada County, Idaho, more particularly described as follows;
BEGINNING at a found brass cap maridng the northwest cornor of said Section 29;
Thence South 89'20'41' East, coincidont with the north lino of said NW114 of the NWIM of
Section 29, a distance of 1002.68 feet;
Thence South 0°34'24" West, parallol with said east lino of the NW114 of the NW1/4 of Section
29, a distance of 305.08 feet to the beginning of a non•tangant curm;
Thence 210.43 feet along the arc of said curve to tho loft, with a central angle of 12`37'29", a
radius of 955.00 feet, subtended by a chord bearing South 83°44'48" West, 210.00 feet;
Thence North 89°26 36" West, 82.67 foot;
Thonco South 0034'24" West, parallel with said east line of the NW1/4 of the NW1/4 of Section
29, a distance of 15.00 feet;
Thonce North 89°26'36" West, 85,14 foot to the beginning of a non -tangent curve on the east
right of way line of E. Throo Comers Drive;
Thence 304.67 feet along the aro of said eurvo to the left, and coincident with said east right of
way line of E. Three Corners Drive, with a central at of 73037'48`, a radlus of 2.37.00 feat,
subtended by a chord bearing South 86°27'10" West, 284.04 feet;
Thence South 49"38°I6" West, coincident will) said right of way line of E. Throo Corners DrW,
44.78 foot;
Thonco North 73°23'30` West, coincident with sold right of way lino of E. Throo Carriers Drive,
20.80 foot;
I';5201611G705d20CK SOLID11-11117C CORNERS CORNERS 4 COMMERCIAL.
IINDRY LEGAL-REV.docx
r,a0o I1
Three Corners Subdivision (RZ 15-006)
EXHIBIT A
Thenoe North 15030'05" West, coincident with said right of way line of E. Three Corners Drive,
74.85 feet;
Thence South 74023'55" West, coincident with said right of way line of E. Three Corners drive,
74.00 feet;
Thence South 15°30'05" East, coincident with said right of way line of E. Three Corners Drive,
81.63 feet;
Thence South 45028'20" West, coincident with said right of way line of E. Three Corners Drive,
18.87 feet;
Thence North 89023'32" West, coincident with said right of way line of E. Three Corners Drive,
180,48 feet to the west line of said Section 29;
Thence North 0037'24" East, coincident with said west line of Section 29, a distance of 487.46
feet to the POINT OF BEGINNING.
The above described parcel contains 9.38 acres more or less.
Together with and subject to covenants, easements and restriction of record,
Tluee Corners Subdivision (RZ 15-006)
EXHIBIT A
Sawtooth Land Surveying, LLC
C. f _7
P: (2043) 398.8104 P; (206) 398-5 ( 05
2030 3, W15hmgW,i Ave„ Emmett, ID 83617
March 16, 2015
Three Cornors Subdivision
R4 Boundary Legal
A parcel of land located in the NW1/4 of the NW1/4 of Section 29, T. 4 N., R. 1 E„ B.M., City of
Meridian, Ada County, Idaho, more particularly described as follows;
COMMENCING at a found brass cap marking the northwest corner of said Section 29;
Thence South 89'26'41" East, coincident with the north line of said NW1/4 of the NW1/4 of
Section 29, a distance of 1002,58 feet;
Thence South 0034124" West, parallel with the east line of said NW1/4 of the NW1/4 of Section
29, a distance of 40.00 feet;
Thence South 89°26'41" East, parallel with said north line of the NW1/4 of the NW1/4 of
Section 29, a distance of 324.00 feet;
Thence South 0034'24" West, coincident with the west line of Fuller Ranchettes as shown on
file in Book 18 of Plats, at Page 1179, Ade County Records, 340.14 feet to the POINT OF
BEGINNING;
Thence continuing South 0034'24" West, coincident with said west line of Fuller Ranchettes,
25.00 feet;
Thence North 89025'36" West, 615.08 foot;
Thence North 0034'24" E=ast, 15.00 feet;
Thence South 89025'36' Cast, 82.57 feet to the beginning of a non -tangent curve;
Thence 219.00 foot along the aro of said curve to the right, with a central angle of 13°08'20", a
radius of 956,00 feet, subtended by a chord bearing North 84000'14" East, 218.52 feet;
Thence South 89025'36" Cast, 185.43 foot;
PA{2014115005•ROCK SOLID-TI-IRFE CORNERS 81Drawinge\Descrlptbnsl3 CORNERS R4 BNDRY LEGAL-
REV.doox
Pa;le 11
Thee Corners Subdivision (PZ 15-006)
EXHIBIT A
Thence South 0°34'24° West, '15.00 feet;
Thence South 89025'36" East, 130.00 feet to the POINT OF BEGINNING,
ALSO TOGETHER WITH:
A parcel of land located in the NW1/4 of the NW114 of Section 29, T. 4 N.; R. 1 C., B.M., City of
Meridian, Ada County, Idaho, more particularly described as follows;
COMMENCING at a found brass cap marking the northwest corner of said Section 29;
Thence South 89"20'41" East, coincident with the north line of said NW1/4 of the NW1/4 of
Section 29, a distance of 1002,58 feet;
Thence South 0°34'24" West, parallel with the east line of said NW1/4 of the NW1l4 of Section
29, a distance of 40.00 feet;
Thence South 89°26'41" East, parallel with said north line of the NW714 of the NW114 of
Section 29, a distance of 324.00 feet;
Thence South 0°34'24" West, coincident with the west line of Fuller Ranchettes as shown on
file in Bool< 16 of Plats, at Page 1179, Ada County Records, 365.14 feet;
Thence North 89°25'36" West, 630.00 feet to the POINT OF BEGINNING;
Thence South 0°34'24" West, parallel with said east line of the NW114 of the NW114-of Section
29, a distance of 95,85 feet to the easterly right of way of E. Three Corners Drive, and the
beginning of a non -tangent curve;
Thence 129,82 feet along the arc of said curve to the left, with a contras angle of 31023,01", a
radius of 237.00 feet, subtended by a chord hearing North 41002'26" West, 128,20 feet;
Thence South 89025'36" East, 85.14 feet to the POINT OF BEGINNING.
The above described parcel contains 0,51 acres more or less.
Together with and subject to covenants, events and restriction of record.
End Description C9flF10y�Q —_..
P:12015115005-ROCIt SOLIDfFIREE CORN . grWascriptlOW3 CORNERS R4 ONDRY LEGAL-
REV,d06X
Pago 12
Three Corners Subdivision (RZ 15-006)
EXHIBIT A
5awl:ovt h Land 5urveying, LLC
airtlti'l/ ___ —
�""':w�-J" Pt (2013) 39b-61 Oji r: (205) 398 3105
2030 S. Wa5hmDton Ave., Emmet;, fe $36! 7
April 2, 2015
Three Corners Subdivision
R8 Boundary Legal
A parcel of land located in the NW1/4 of the NW1/4 of Section 29, T. 4 N., R. 1 E., B.M., City of
Meridian, Ada County, Idaho, more particularly described as follows;
COMMCNCING at a found brass cap marking the northwest comer of said Section 29;
Thence South 89°26'41" East, coincident with the north line of said NW1/4 of the NW1/4 of
Section 29, a distance of 1002.58 feet to the POINT OF BEGINNING;
Thence continuing South 89°26'41" Gast, coincident with said north line of NW1/4 of the
NW1/4 of Section 29, a distance of 324.00 feet;
Thence South 0034'24" West, coincident with the west line of Fuller Ranchettes as shown on
file in Book 18 of Plats, at Page 1179, Ada County Records, 380.14 feet;
Thence North 89025'36" West, 130,00 feet;
Thence North 0034'24" East, 15.00 feet;
Thence North 89025136' West, 185.43 feet to the beginning of a non -tangent curve;
Thence 8.57 feet along the are of said curve to the left, with a central angle of 0°30'51 ", a
radius of 955,00 feet, subtended by a chord bearing North 89°41'02" West, 8.57 feet;
Thence North 0034'24" East, parallel with said east line of the NW1/4 of the NW1/4 of Sect
29, a distance of 305.08 feet to the POINT OF BEGINNING. oNA� b
The above described parcel contains 2,76 acres more or loss, o
14
Together with and subject to covenants, easements and restriction of record, rL lye f? J
Cad Porter, PLS 14221 A_ Date ARC POP
End Description
P:12o15115005-ROCK SOLJD-'rHREE CORNERS MrawincgsVDesoriplionsl3 CORNERS Rs DNDRY LEGAL-
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Parra 11
Three Corners Subdivision (RZ 15-006)
EXHIBIT B
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POW -M 90,-, :<I
Of 'NVIOMIN
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Three Comers Subdivision RZ 15-006
EXHIBIT B
19
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4 24 t"
4000, -Sil TYCI WJ-32.4SO'
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04
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MFRIDIAW,
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3116
Three Corners Subdivision RZ 15-006
2030 S. WASHiNGTONAVE.�
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Three Corners Subdivision RZ 15-006
2030 S. WASHiNGTONAVE.�
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EXHIBIT B
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308.8104 7.Rwior*
R' (20d) 3088105 16005
f Ji
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Three Corners Subdivision RZ 15-006
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 15-JW�
PROVIDING FOR RE ZONING ORDINANCE
An Ordinance of the City of Meridian granting re -zoning of a parcel of land located in the
NW '/4 of the NW 1/4 of Section 29, Township 4 North, Range I East, Boise Meridian, City of
Meridian, Ada County, Idaho. This parcel contains 12.65 acres more or less. Also, this parcel is
SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit `B" and
is not based on an actual field survey. A full text of this ordinance is available for inspection at City
Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become
effective on the V*"- day of junt , 2015.
p
Mayor al City Council �E city ofIDIAI`
By: Jaycee L. Holman, City Clerk oaxo
Fy SEAL
First Reading: G - Z3 - I �_ r`
Adopted after first reading by suspension fill t'fi✓0.f e
YES ✓ NO
Second Reading:
Third Reading:
as allowed pursuant to Idaho Code 50-902:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF
ORDINANCE NO. 15- lbW
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance
No. 15- 16Y� 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 day of
2015.
William. L.M. Nary
City Attorney
RE ZONE ORDINANCE SUMMARY- THREE CORNERS SUBDIVISION -RZ 15-006 PAGE 1
Meridian City Council Meeting
DATE: June 23, 2015 ITEM NUMBER: 10
PROJECT NUMBER:
ITEM TITLE: Future Meeting Topics
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
_
INITIALS