2005-06-21
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, June 21,2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
-L Shaun Wardle -L. Christine Donnell
X Charlie Rountree -L. Keith Bird
-L. Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley
Worship Center: Bill Nary
4. Adoption of the Agenda: Approve as Amended
5. Consent Agenda:
A. Approve Minutes of May 24, 2005 City Council Regular Meeting:
Approve
B. Sanitary Sewer and Water Main Easement for Ferauson
Enterprises. Inc.: Approve
C. Reauest to Dispose of computer eauipment: Remove from
Agenda
D. Resolution No. 05-475 Amendment to Standard
Operation Policv and Procedure Manual to Add New Policies;
2.9 (Trial Service Period for Promotions and Transfers; 5.5
Director's Benefits Program; 6.2.6 Cell Phones and 6.14
Clothing Attire and Allowance; And Also to Amend the
Following Policies 2.8 Introductory Period of Employment; 3.4
Compensation Program; 4.5 Bereavement Leave; 4.7 Military
Leave; 5.4 Education Reimbursement and 6.2.2 Use of City
Owned Telephones and Cell Phones, Fax and Copy Machines
and Computers: Approve
Meridian City Council Agenda - June 21,2005 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.
E. Sanitary Sewer and Water Main Easement for Bonito No.2:
Approve
F. Sanitary Sewer and Water Main Easement for Mussell Corner
Subdivision: Approve
G. Water Main Easement for Cherry Crossino NO.2: Approve
H. Water Meter Easement for Cherry Crossina No.2: Approve
Three Party License Aareement with Nampa Meridian Irriaation
District - Master Pathway: Approve
J. Three Party License Aareement with Nampa Meridian Irrioation
District - Finch Lateral (aka South Slouah): Approve
K. Streetlioht Aareement for Settlement Bridae No.2: Approve
L. Aoreement for Hookup to Services. outside of City Limits for
Mr. David R. Purnell ( 5930 North Locust Grove Road):
Approve
M. Amendment to Historic Preservation Consultant AQreement:
Approve
N. Approve Beer and Wine License for Harvest Buffet - 48 East
Fairview Avenue: Approve
P.
Water Main Easement for Direct Buv (2.535saf easement):
Approve
Water Main Easement for Direct Buy (3.649sof easement):
Approve
o.
Q. Approve Bills: Approve
6. Department Reports:
7. Items Moved from Consent Agenda:
8. FP 05-036 Request for Final Plat approval of 55 single-family residential
building lots and 10 common lots on 14.91 acres in a R-8 zone for Fulfer
Subdivision No.6 by Kevin Howell Construction - north of McMillan
Road and west of Linder Road: Table to June 28,2005 Meeting
Meridian City Council Agenda - June 21, 2005 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.
9. FP 05-035 Request for Final Plat approval of 44 single-family residential
building lots and 1 common lot on 10.39 acres in a R-8 zone for Fulfer
Subdivision No.7 by Kevin Howell Construction - north of West McMillan
Road and east of North Ten Mile Road: Table to June 28,2005 Meeting
10. FP 05-037 Request for Final Plat of 12 single family residential building
lots and 3 common area lots on 4.56 acres in a R-4 zone for Klamath
Basin Subdivision by Randy and Linnea Worden - 4625 West Ustick
Road: Approve
11. TE 05-005 Request for approval of a one-year Time Extension to record
the final plat for Buich Subdivision (aka Cherry Lane Office Park) by
Pinnacle Engineers, Inc. - north of West Cherry Lane and west of North
Linder Road: Approve
"Although the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter. "
12. Public Hearing: Update on Buildino. Electrical. Fire Prevention and
Mechanical and Gas Code Amendments: Continue Public Hearing to
June 28, 2005 for BCA Comments
13. Public Hearing: Status of Funds for Meridian Area Senior Citizen
Center: Close Public Hearing
14. Public Hearing: AZ 05-014 Request for an Annexation and Zoning of
19.72 acres from RUT to a R-8 zone for Sicily Subdivision by Landmark
Engineering and Planning - south of East Victory Road and west of South
Locust Grove Road: Continue Public Hearing to June 28f 2005
Meeting
15. Public Hearing: PP 05-016 Request for a Preliminary Plat approval of 74
building lots 5 other lots on 19.72 acres in a proposed R-8 zone for Sicily
Subdivision by Landmark Engineering and Planning - south of East
Victory Road and west of South Locust Grove Road: Continue Public
Hearing to June 28f 2005 Meeting
16. Public Hearing: CUP 05-021 Request for a Conditional Use Permit for an
addition for a gymnasium and commons area to existing junior I senior
high school for Cole Valley Christian School Gymnasium by CTA
Architects Engineers - 200 East Carlton: Approve Findings of Fact and
Conclusions of Law for Approval
17. Public Hearing: VAR 05-007 Request for a Variance for a reduction in off
street parking requirements for proposed gymnasium and commons area
Meridian City Council Agenda - June 21, 2005 Page 3 of 4
All materials presented at publiC meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
for Cole Valley Christian School Gvmnasium by CT A Architects
Engineers - 200 East Carlton: Approve Findings of Fact and
Conclusions of Law for Approval
18. Public Hearing: MI 05-005 Request for temporary approval for the
operation of a public charter school in a L-O zone while awaiting CUP
approval for Compass Public Charter School by Compass Public
Charter School - 2511 West Cherry Lane: Approve
19. Ordinance No. 05~1156 : Use of Public or Private Property as
Throuohway Street: Approve
20. Executive Session per Idaho State Code 67-2345(1) (f): No Decision
Meridian City Council Agenda - June 21,2005 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, June 21, 2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
X Shaun Wardle ~ Christine Donnell
~ Charlie Rountree ~ Keith Bird
~ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by raster Co. dUll 81,(6., ~ith Tr..e83t.lle Valley
Worship Center. B/II #a i-9
4. Adoption of the Agenda: a /,prt' fA( p.,J a In.e-~p(.,
5. Consent Agenda:
A.
B.
Approve Minutes of May 24,2005 City Council Regular Meeting: d-jJfW(AL.
Sanitarv Sewer and Water Main Easement for Ferauson
Entemrises. Inc.: ~v-.c-
Reauest to DisDose of comDuter eauiDment: ~ ("Ie fI't.() v.e..
~~ a.j~~
Resolution No. tJ 5" - 1-75 Amendment to
Standard Ooeration Policv and Procedure Manual to Add New
Policies; 2.9 (Trial Service Period for Promotions and
Transfers; 5.5 Director's Benefits Program; 6.2.6 Cell Phones
and 6.14 Clothing Attire and Allowance; And Also to Amend
the Following Policies 2.8 Introductory Period of Employment;
3.4 Compensation Program; 4.5 Bereavement leave; 4.7
Military leave; 5.4 Education Reimbursement and 6.2.2 Use of
City Owned Telephones and Cell Phones, Fax and Copy
Machines and Computers: ,a..~~~
SanitarY Sewer and Water Main Easement for Bonito No. 2: ~r~
C.
D.
E.
Meridian City Council Agenda - June 21,2005 Page 1 of 3
All materials presented at public meetings shall become property ofthe 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.
6.
F. Sanitary Sewer and Water Main Easement for Mussell Corner
Subdivision: a,prr7'1'-(:
G. Water Main Easement for Cherrv Crossina No.2: apln'f/<.C-
H. Water Meter Easement for CherrY Crossina No.2: 4j?J17""'v'<..-
Three PartY License Aareement with Namoa Meridian Irriaation
District - Master Pathwav: &l?~t/e-
J. Three PartY License Aareement with Namoa Meridian Irriaation
District - Finch Laterallaka South Slouahl: o/ifl~vt<--
K. Streetliaht Aareement for Settlement Bridae No.2: t&p'flE'O V'<--
L. Aareement for Hookuo to Services. outside of City Limits for
Mr. David R. Purnell (5930 North Locust Grove Road): af~V'<--
M. Amendment to Historic Preservation Consultant Aareement: ~f'PrPyU..-
N. Aoorove Beer and Wine License for Harvest Buffet - 48 East
Fairview Avenue: a (JprPV'<.-
o. Water Main Easement for Direct Buv 12.535saf easement): atpjIYPff<....
P. Water Main Easement for Direct Buv 13.649saf easement}: a-ffVtPtI\.e-'
Q. Approve Bills: ~~
Department Reports: 11- !- ~~~~~/P,P~fc;.,de ;JIll.,: J.ef An- 7.../'1,()>
:l - ;(r,r ~& ~ 6' ~/k /}Id.-
Items Moved from Consent Agenda: Ao-l/JA~
FP 05-036 Request for Final Plat approval of 55 single-family residential
building lots and 10 common lots on 14.91 acres in a R-8 zone for Fulfer
Subdivision No.6 by Kevin Howell Construction - north of McMillan
Road and west of Linder Road: ~ fo '-28 -05
FP 05-035 Request for Final Plat approval of 44 single-family residential
building lots and 1 common lot on 10.39 acres in a R-8 zone for Fulfer
Subdivision No.7 by Kevin Howell Construction - north of West McMillan
Road and east of North Ten Mile Road: -/lJ,!;t..( -/-I:? 6 -28-tJ5
FP 05-037 Request for Final Plat of 12 single family residential building
lots and 3 common area lots on 4.56 acres in a R-4 zone for Klamath
7.
8.
9.
10.
Meridian City Council Agenda - June 21 t 2005 Page 2 of 3
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.
Basin Subdivision by Randy and Linnea Worden - 4625 West Ustick
Road: ~V'<:...-
11. TE OS-OOS Request for approval of a one-year Time Extension to record
the final plat for Buich Subdivision (aka Cherry Lane Office Park) by
Pinnacle Engineers, Inc. - north of West Cherry Lane and west of North
Linder Road: t:i1Jl'N~
{{Although the City of Meridian no longer requires sworn testimony. all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter. 11
12.
Public Hearing: UDClate on Buildina. Electrical. Fire Prevention and
Mechanical and Gas Code Amendments: envfrhu.t..l'lh fg 6-2e-tJ>
~r II'CIf c~~
Public Hearing: Status of Funds for Meridian Area Senior Citizen
Center: eloso( pi It..-
Public Hearing: AZ OS-014 Request for an Annexation and Zoning of
19.72 acres from RUT to a R-8 zone for Sicilv Subdivision by Landmark
Engineering and Planning - south of East Victory Road and west of South
Locust Grove Road: lD'YL-nht.v<- /IA- .fp 6-zs...(lS
Public Hearing: PP OS-016 Request for a Preliminary Plat approval of 74
building lots 5 other lots on 19.72 acres in a proposed R-8 zone for Sicily
Subdivision by Landmark Engineering and Planning - south of East
Victory Road and west of South Locust Grove Road: c~-hn~//^' ~ b-2i3~()5"
Public Hearing: CUP OS..()21 Request for a Conditional Use Permit for an
addition for a gymnasium and commons area to existing junior I senior
high school for Cole Vallev Christian School Gymnasium by CT A
Architects Engineers - 200 East Carlton:
1f.f?~V-C- -rIE t{ elL hr a/~vtvU
Public Hearing: VAR OS..()07 Request for a Variance for a reduction in off
street parking requirements for proposed gymnasium and commons area
for Cole Vallev Christian School Gvmnasium by eTA Architects
Engineers - 200 East.Carlton:
~j7p-f77ViL ~/F {elL f?-y ~v.a..-(.,
Public Hearing: MI OS..()OS Request for temporary approval for the
operation of a public charter school in a L-D zone while awaiting CUP
approval for ComDass Public Charter School by Compass Public
Charter School - 2511 West Cherry Lane: ~II'--
Ordinance No. 05"- II 5 6 : Use of Public or Private
ProDertv as Throuahway Street: ""-I'r-' v-
t?V:.e~T;v-e.. S~frt',..,..". h1-Z?,4S-{t)(fJ'.
Meridian City Council Agenda - June 21, 2005 Page 3 of 3
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.
13.
14.
1S.
16.
17.
18.
19.
2d.
July 22, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
July 26, 2005
ITEM NO.
5-A
REQUEST Approve Minutes of June 21, 2005 City Council Regular Meeting
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AlTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SffilERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
M'fP .p-/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeHngs shall become property of the City of Meridian.
Meridian City Council Meetina
June 21. 2005.
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, June 7, 2005, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie
Rountree, and Christine Donnell.
Others Present: Ted Baird, Bill Nary, Will Berg, Anna Canning, Bill Musser, Joe Silva,
Len Grady, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
-L. Shaun Wardle ~ Christine Donnell
-L. Charlie Rountree ~ Keith Bird
-L Mayor Tammy de Weerd
De Weerd: Good evening. I'd like to welcome you to the City Council meeting. It is
Tuesday, June 21st, at 7:00 p.m. We will open the meeting with roll call attendance.
Item 2:
Pledge of Allegiance:
De Weerd: Okay. Item NO.2 is the pledge of allegiance. If you will all stand and join
us in the pledge.
(Pledge of Allegiance recited.)
Item 3:
Community Invocation by Pastor Gordon Slyter, with Treasure Valley
Worship Center:
De Weerd: Since I don't see Pastor Gordon Slyter with us tonight, Bill Nary, would you
like to lead us in the invocation. If you will, please, join us or take this as an opportunity
for a moment of silence. Thank you.
Nary: Lord, thank you for this wonderful evening and the opportunity for this Council to
gather for the City of Meridian and we just ask your hand upon all the actions tonight
and the wisdom that is needed, both in front of this Council and the wisdom and the
decision making that goes before it. God, we just ask for the blessings upon our city
and upon our community and all those that are here this evening and the Council that is
before you, in your name we pray, amen.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you. Okay. Item No.4 is adoption of the agenda.
Meridian City Council
June 2 I, 2005
Page 2 of 47
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We do have some additions and deletions. Under the Consent Agenda, Item C
needs to be pulled. It's not ready in its entirety. Anna has asked under department
reports we have a Planning and Zoning Item A, Planning and Zoning by Anna. And the
Mayor has asked if we -- Item 20, could have an Executive Session under Idaho State
Code 67-2345(1 )(f). And with that I'd move that we adopt the revised agenda.
Rountree: Second.
De Weerd: Okay. Anna, Item A under department reports, would that have anything to
do with a vendor?
Canning: No, ma'am.
De Weerd: Like a hot dog vendor?
Canning: No, ma'am.
De Weerd: Maybe you ought to have an A and a B; right? We should have an update.
Canning: Okay.
De Weerd: Okay.
Bird: I agree with that.
De Weerd: Okay. The second agrees?
Rountree: That's fine with me.
De Weerd: Okay. Thank you. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIES: ALL AYES.
Item 5:
Consent Agenda:
A. Approve Minutes of May 24,2005 City Council Regular Meeting:
B. Sanitarv Sewer and Water Main Easement for Ferauson
Enterprises. Inc.:
C. Reauest to Dispose of computer eQuipment:
Meridian City Council
June 21,2005
Page 3 of 47
D. Resolution No. 05-475 Amendment to Standard
Ooeration Policy and Procedure Manual to Add New Policies;
2.9 (Trial Service Period for Promotions and Transfers; 5.5
Director's Benefits Program; 6.2.6 Cell Phones and 6.14
Clothing Attire and Allowance; And Also to Amend the
Following Policies 2.8 Introductory Period of Employment; 3.4
Compensation Program; 4.5 Bereavement Leave; 4.7 Military
Leave; 5.4 Education Reimbursement and 6.2.2 Use of City
Owned Telephones and Cell Phones, Fax and Copy Machines
and Computers:
E. Sanitary Sewer and Water Main Easement for Bonito No.2:
F. Sanitary Sewer and Water Main Easement for Mussell Corner
Subdivision:
G. Water Main Easement for Cherry Crossing No.2:
H. Water Meter Easement for Cherry Crossina No.2:
Three Party License Agreement with Nampa Meridian Irrigation
District - Master Pathway:
J. Three Party License Agreement with Namoa Meridian Irriaation
District - Finch Lateral (aka South Slouah):
K. Streetlight Agreement for Settlement Bridge No.2:
L. Aareement for Hookup to Services. outside of City Limits for
Mr. David R. Purnell ( 5930 North Locust Grove Road):
M. Amendment to Historic Preservation Consultant Aareement:
N. Approve Beer and Wine License for Harvest Buffet - 48 East
Fairview Avenue:
O. Water Main Easement for Direct Buy (2.535saf easement):
P. Water Main Easement for Direct Buv (3.649saf easement):
Q. Approve Bills:
De Weerd: Item NO.5.
Bird: Madam Mayor?
Meridian City Council
June 21,2005
Page 4 of 47
De Weerd: Mr. Bird.
Bird: I move on the Consent Agenda that we pull item number C and the resolution
number on item D is 05-475 and with that I move we approve the Consent Agenda and
for the Mayor to sign and the clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda as amended. Mr.
Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 6.
Department Reports:
1. Unified Development Code:
De Weerd: Okay. Item 6 is Department Reports. I'll go ahead and turn this over to
Anna.
Canning: Madam Mayor, Members of the Council, the first item I wanted to talk to you
about was two weeks ago in my raspy normal sore throat voice we talked about the new
zoning ordinance, the Unified Development Code, and you had indicated that tonight
you would be ready to give me a hearing date, so that we could go ahead and notice
that and move that along in the process.
De Weerd: Okay. Council, do you have anything you would like to raise with Anna in
regards to the code needing further clarification or are you ready to set a hearing date?
I would note, just as a recognition, the City of Meridian attended last week our
Association of Idaho Cities and the process used to develop the Unified Development
Code through our Process Improvement Group, utilizing stakeholders, received an
award, a city achievement award, so I would like to congratulate our director Anna.
Canning: Thank you for everybody.
De Weerd: Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird?
Bird: I'm ready to bring it forward and set a Public Hearing and get on with it.
Meridian City Council
June 21, 2005
Page 5 of 47
De Weerd: Okay. Mr. Berg, what is the earliest date we can put this on for a public
hearing?
Berg: Madam Mayor, probably the soonest would be the 12th. I understand we don't
have a meeting on the 5th and I don't think we want to do it the 19th. And I don't
remember what was on the 12th as far as the agenda, but that's the soonest, unless
you want to check our other schedules and set it up for the 26th and make sure that's a
light meeting.
Bird: Yeah.
Berg: I meant that's some other options we could do. Right now I do know that we are
noticing things for the 12th and the 19th for things coming off of P&Z.
De Weerd: Okay. So, what is the recommendation there?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I would -- I would prefer that we move that hearing to the 26th, allow time for
notice and comment in that time.
Bird: I would agree with Council -- or, Madam Mayor, I would agree with Councilman
Wardle.
De Weerd: They have had a year and a half to comment. What are we going to wait
for? I'm sorry, this process has been so lengthy. Do we really want to put it to the
26th? It is your decision, but -- sorry.
Rountree: Madam Mayor, I have a question. Is this just a one hearing -- or is this going
to be two or what's the process on --
De Weerd: Well, it is a one hearing, but I think there has been some discussion on one
of the sections in there. Actually, there is probably two sections. One in regards to the
signs and the second one in regard to state highways. Is that a good indicator?
Canning: I believe that's a fair assessment. The Planning and Zoning Commission --
statutorily you're only required to conduct one hearing, if that was the question. The
Planning and Zoning Commission did conduct two hearings -- or not two hearings, but
two weeks -- they took testimony at two different public meetings, so --
De Weerd: Okay.
Rountree: Madam Mayor, I guess my preference would be to get this on the docket as
soon as we can. I know we have had several items in the past months that have --
Meridian City Council
June 21, 2005
Page 6 of 47
would have been cleared up readily had we had this in place and I suspect there is
several more agenda items in the near future -- late future that it would be nice to have
this in place, so it makes decision making a little more clear. So, I would propose that if
we can find it in ourselves to move it at least to the 19th. I believe that's --
De Weerd: Well, the first date you can do it is the 12th. The 19th is your all day long
budget session. So, I, again, will leave that up to you.
Rountree: Well, what are we going to do all night long?
De Weerd: I guess that. Okay. You want it on the 19th, then? Anna, does that work?
Rountree: That's just my opinion. We have got two saying the 26th, so --
Bird: Oh, I can go the 19th.
Donnell: Me, too.
De Weerd: Mr. Wardle?
Wardle: Sure.
Canning: Madam Mayor, it seems -- it would be nice to not have it on the agenda with
other development applications in that respect, so -- I know it's a very long day in those
seats for you all, but that sounds like a good date to me.
De Weerd: Okay. Well, it sounds like, Mr. Berg; we have set the 19th for the Public
Hearing on that.
Berg: Other things might be scheduled already. Madam Mayor, what I'm saying is
when the items come off the P&Z, then, we shoot them to two Council meetings and so
we shot them to the 12th and the 19th from the last meeting last week. So, that's kind
of how we do things to spread them out so it's not all at once to you guys. So, what I'm
saying is right now I can assure you that it's by itself on the 19th.
De Weerd: Okay.
Berg: Okay. Just so you don't shoot me after the long day and you have more than just
one hearing.
De Weerd: Okay. No shooting the city clerk.
Rountree: Is that an option?
2. Letter from Steven DeMurria:
Meridian City Council
June 2],2005
Page 7 of 47
De Weerd: Get it the first time. Okay. So, the 19th. The second item is discussion on
the letter that we got from Steven DeMurria.
Canning: Madam Mayor, Members of the Council, as you will recall, there is hot dog
stand in the Rite-Aid parking lot that was approved through a miscellaneous application
for a temporary use. The day after that was approved by Council Mr. DeMurria asked if
he could put up seating and I instructed him that that was not part of the approval. He
did go ahead and put up seating. We sent code enforcement out to tell him that that
had not been a part of the original approval. He came into the Planning and Zoning
Department. I indicated that as time had gone on I felt that his use, although it was in a
temporary structure, was really a permanent use on that site. It was not lasting for six
months or seven months or eight months, he really intended it to be a permanent use
and, therefore, I felt that it required -- to justify the seating or to justify anything beyond
what Council had approval, that it should go through the process that any other
permanent use would go through, which would be a certificate of zoning compliance in
this instance, which would mean in this particular case that there would be parking lot
improvements, there would be, you know, probably putting down some curb to separate
the parking aisles and bringing the parking lot landscaping up to snuff in some areas.
So, it's a significant investment, obviously. In response to that there is a letter that was
sent to you all. He was not happy with that interpretation. He has not filed an appeal.
We were a little iffy as to where to go on the next steps, because a miscellaneous
application has been approved. He felt that he would like to come before you all and
see if that -- if my interpretation wasn't how you all felt he should go, then, he would go
the miscellaneous application route again. Otherwise, I would need to do some sort of
formal determination and have him appeal that to you all. It's just a little awkward,
because he has this existing approval and we weren't sure how to modify it. It's one of
those things that we are really looking forward to the new code addressing it in a more
adequate manner, so --
De Weerd: And that is addressed in the new code?
Canning: Temporary uses are addressed in the new code. As I said a couple of weeks
ago, Mr. DeMurria does not fit under any of those classifications for a temporary use.
The only thing that's temporary about his use is the structure he's using to house it in.
The intended use is a permanent use on that property. It's not like a fireworks stand or
a produce stand or a vendor that shows up on the property at lunchtime and leaves at
the end of the day, it's -- he has leased that space, a specific area. He has moved his
structure on it. It doesn't move off. It's really, in all instances that I can determine, a
permanent use. It's not being operated as a temporary use.
De Weerd: And how did you treat the emissions building over by Arctic Circle?
Canning: We made that one get a Conditional Use Permit for a public, quasi-public,
use.
Meridian City Council
June 2],2005
Page 8 of 47
De Weerd: Well, wouldn't it be more a Conditional Use Permit, then, if he -- when he
brought it before us if it was temporary. He was talking about temporary and the
Council approved it because we did not have an adequate ordinance that dealt with it,
but they only approved it on a temporary nature.
Canning: Correct.
De Weerd: So, if we wants it different -- in fact, as I recall, they put a deadline on it. I
thought. And so it would fall under that. He would have to come back through what
anyone else would have to come back through.
Canning: And in this instance that would be just a certificate of zoning compliance,
because it is a retail use or a restaurant use in a C-C zone, which is an allowed
principally permitted use, so -- but he would need to -- we would treat him as if his cart
were a building, is basically how it would look. I believe the attorney wants to speak
also.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We passed it, but we didn't pass it to have outdoor seating like that. We didn't tell
him to take up six or eight parking spots and that's -- that's my one big complaint. How
can a building with wheels be permanent.
De Weerd: I'm sure Mr. Nary has all the answers.
Nary: Ma'am Mayor, Members of the Council, certainly I don't have all the answers.
But the -- if you recall, part of that -- in conjunction with that was you had also requested
that we create a vendor ordinance to deal with temporary vendors, solicitors, peddlers,
and the like, and that still is in process, we are still getting comment. We have gotten
comments back from the Planning and Zoning Department and we are still seeking
some comments from some of the other departments to make sure it's comprehensive,
but I mean that particular site, I think -- my recollection was -- and we can go back and
look at the minutes -- is I think the Council set a six month time period for it to be
temporary and, then, the decision would be is it temporary or no longer temporary and I
think Mrs. Canning is correct, that there is certainly nothing about that site that's
temporary, other than the building would be more movable than a pad that has a
permanent structure built on it, but that's about it. I don't think its intended use is
anything -- is anything that's temporary. I think he intends to be there as long as he
makes money, like anybody else. There is issues, I think as Councilmember Bird said,
the concern was that there was some use of parking spaces and the drive aisles and
the like and he's tried to do a little bit to make sure there is at least some safety barrier
around that building to some degree, but there is a tremendous amount of parking on
that site and at least when that initial use is being done it didn't seem to -- it wouldn't
seem to have enough use to impact the parking requirements of that site, but now there
Meridian City Council
June 21,2005
Page 9 of 47
is -- I think I told all of you today we did have a concern expressed by now the fireworks
stand that's going to be located in that same lot as well and it's fairly large and instead
of being the smaller structures that they have used previously, from what I was told, it's
a large tent. So, that uses up a whole bunch more parking spaces and drive aisles and
Mrs. Canning's been out to look at that to see if that's -- the number of uses on that site.
But that one clearly is a temporary use for the fireworks stand and we do address those
in a different manner. But there is a couple of different factors going on, but the only
part we have been working is trying to get a vendor ordinance in shape, so we can bring
that to you as well. Yeah, because he wouldn't be temporary, he wouldn't fall under that
vendor ordinance, because we don't require licensing of every food operation in the city,
just the ones that are mobile and move and are temporary in nature or there for an
event or something like that. His is -- like I said, it's just not a pad, that's all, so --
De Weerd: Well, he probably needs to be notified that the time frame set by Council is
almost up and staff is going to have to give him clear instructions on what the next steps
are and --
Canning: And, Madam Mayor, what are those clear instructions? Should we treat him
as a permanent use?
De Weerd: He has displayed that he wants to be a permanent use and --
Nary: Madam Mayor?
De Weerd: -- so I guess he would need to come through for a CUP.
Nary: Well, I think -- I think probably the best direction, if I could, from you and the
Council, since you would be the appellate body that would hear it, is you would simply--
you could simply direct Mrs. Canning to interpret the ordinance as she's empowered to
do and make that decision and provide that information in writing and if he wants to
appeal that to you, then, he could do that, rather than you provide the direction now
without hearing all of the information.
De Weerd: See, you had all the answers. That sounds fine.
Item 7:
Items Moved from Consent Agenda:
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8:
FP 05-036 Request for Final Plat approval of 55 single-family residential
building lots and 10 common lots on 14.91 acres in a R-8 zone for Fulfer
Subdivision No.6 by Kevin Howell Construction - north of McMillan
Road and west of Linder Road:
De Weerd: Items 8, 9 and 10 all final plats. Mrs. Canning, were there any issues with
any of these items?
Meridian City Council
June 21,2005
Page 10 of 47
Canning: Yes, Madam Mayor, eight and nine.
De Weerd: Okay. I will go ahead and take staff comments on Item 8, FP 05-036.
Canning: Madam Mayor, Members of Council, this is Fulfer Subdivision No.6, originally
platted as Kelly Creek and it's north of McMillan, west of Linder. It proposes 55 single
family residential and ten common lots on 14.91 acres in the R-8 zone and it's a gross
density of 3.69 units per acre and a net residential density of 4.9. You will notice the
two blue dots on the final plat. On the -- one of them, Lot 19, doesn't meet lot frontage
requirements and we don't have a statement from the applicant indicating that they are
in agreement with that. Originally, we had asked them about both lots. We went back
and looked at the previous preliminary plat approval and did determine that one of the
lots was okay, but Lot No. 19 needs to be at least 40 feet. It was 42 feet as depicted on
the original preliminary plat, so we need to have at least 40 feet, which is what we allow
on cul-de-sacs and knuckles such as this. A cord measurement of 40 feet. And that's
all of staff's presentation. I'm not sure that Mr. Fluke is here.
De Weerd: Okay. Council, any questions for staff at this time?
Bird: I have none.
De Weerd: Is the applicant or a representative here?
Canning: Madam Mayor, Ms. Allen did call Mr. Fluke and tell him that we needed to
either have a letter stating that he would be -- that he was in agreement with the
conditions of approval or that he be at tonight's hearing. She left that message on the
phone. She was not able to talk to him.
De Weerd: Okay. What is your direction?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we continue this -- table this to -- FP 05-036 to June 28th, 2005.
Rountree: Second.
De Weerd: Okay. The motion is to table this until June 28th. Does it matter if it's tabled
or continued? Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 9:
FP 05-035 Request for Final Plat approval of 44 single-family residential
building lots and 1 common lot on 10.39 acres in a R-8 zone for Fulfer
Meridian City Council
June 21, 2005
Page 11 of 47
Subdivision No.7 by Kevin Howell Construction - north of West McMillan
Road and east of North Ten Mile Road:
De Weerd: Item 9 is FP 05-035.
Canning: Madam Mayor, this is the same applicant. He is not here.
De Weerd: Okay.
Bird: Same problem? Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue FP 05-035 until June 28th, 2005.
Donnell: Second.
De Weerd: Okay. The motion is to table No. 9 to June 28th. All those in favor say
aye. Okay. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 10:
FP 05-037 Request for Final Plat of 12 single family residential building
lots and 3 common area lots on 4.56 acres in a R-4 zone for Klamath
Basin Subdivision by Randy and Linnea Worden - 4625 West Ustick
Road:
De Weerd: Item 10 is FP 05-037. Anna.
Canning: Madam Mayor, we do have a letter stating the applicant is in agreement with
the conditions of approval.
De Weerd: Okay. Council, do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item No. 10 FP 05-037.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 10. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
Meridian City Council
June 21, 2005
Page 120f47
MOTION CARRIED: ALL AYES.
Item 11:
TE 05-005 Request for approval of a one-year Time Extension to record
the final plat for Buich Subdivision (aka Cherry Lane Office Park) by
Pinnacle Engineers, Inc. - north of West Cherry Lane and west of North
Linder Road:
De Weerd: Okay. Item 11 is TE 05-005. Staff comments.
Canning: Madam Mayor, Members of the Council, this is Buich Subdivision. It's not on
here. Sorry. It's located north of Cherry Lane. The preliminary plat was approved on
July 6 of '05. They have had to remove one of their lots to make it more marketable and
they are asking for a time extension to accommodate those changes.
De Weerd: Okay. Council, any questions?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Anna, did you say'05? July of '05?
Canning: Oh, yes, I did, but I meant '04.
Donnell: Okaydoke. No questions.
De Weerd: Okay. Any comment by the applicant? Is the applicant here? Okay.
Council?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: I'd like to make a motion to approve Item No. 11, a temporary time extension
for -- I guess it's not very temporary -- a year time extension for the final plat for Buich
Subdivision.
Rountree: Second.
De Weerd: Okay. The motion is to approve the request for a time extension. Mr. Berg,
will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Meridian City Council
June 21,2005
Page 13 of47
Item 12:
Public Hearing: Update on BuildinQ. Electrical. Fire Prevention and
Mechanical and Gas Code Amendments:
De Weerd: Okay. Item 12 is a Public Hearing on the update on the building, electrical,
fire prevention, chemical and gas code amendments. I will open this Public Hearing
with staff comments. We will start with Bruce. Bruce, that's you.
Freckleton: Sorry. Too much shuffling. Thank you, Madam Mayor, Members of the
Council. We are before you tonight to introduce the new international codes that we are
seeking approval of. Specifically, the 2003 International Building Code, the 2003
International Residential Code, parts one through six, the 2003 International Energy
Conservation Code. The '03 International Mechanical Code and Fuel Gas Code. And
the 2003 International Fire Code. We -- these are kind of a long time in coming to you,
but we are finally here. We -- on the 8th of June we put out a letter to the BCA of
Southwest Idaho, the Snake River Valley BCA, which was the Nampa area, the Ada
County Association of Realtors, the Association of General Contractor -- Contractors of
Idaho, the Idaho Fire Protection Forum. That letter, basically, just stated that -- what
our intentions were of bringing the codes before you for adoption, stated the date of the
hearing, and we asked for any discussion or comments to the codes prior to tonight's
meeting. We also posted our proposed ordinance on our city website for -- for view of
anyone who was interested in taking a look at those. Deputy Chief Silva and myself
met with the BCA board, the Builders Council, on the 14th, last Thursday, to discuss our
proposal. Really, there were no surprise questions. BCA is not in favor of our proposal
as -- as we have written it. We have, basically, one big issue that is hanging over us
and Deputy Chief Silva has a short presentation that he would like to play for you and,
then, we will stand for any questions.
De Weerd: Okay. Bruce, I guess before you move into the part of the International
Code that it has some contingent to it, the other communities in the area have all
adopted these codes?
Freckleton: That will be part of this presentation, too. Nampa and Caldwell have
adopted it. Boise city has not. They have adopted the code --
De Weerd: They have adopted the code --
Freckleton: Excuse me. That's correct.
De Weerd: -- with the exception of this one --
Freckleton: That's correct
De Weerd: And as I understand it from the workshop I attended last week is until we
adopt these codes we, essentially, don't have codes. When the state updates their
codes, it makes ours in effective until we adopt the states. So, this is a timely issue; is
that correct? Okay. Thank you.
Meridian City Council
June 21, 2005
Page 140f47
Anderson: Madam Mayor and Council, I guess I get the pleasure of kicking this off. I
hope you enjoy the first day of summer and the warm heat, because we are going to
turn up the heat a little more on you and bring something a little bit controversial to you
for approval. What we are asking is that the city amend their code to adopt the latest
version of the family of codes, which consist of the building code, fire code, mechanical
code, et cetera, and these codes typically run on a three-year cycle. So, the version
that we have been working off of was the 2000 version of the International Codes. We
are asking you tonight to adopt the 2003 version of those codes and there is a little bit of
lag time by the time those get drafted, approved by the legislature, and, then, get
adopted by the local municipalities. The thing that's a little bit controversial, I guess,
about the family of codes is that due to some heavy lobbying by some special interest
groups when the legislature in this last session adopted the building -- or the fire code,
they actually wrote an exemption in there -- the code actually requires the sprinkling of
three and four unit dwellings and in Idaho's adoption of the code, they created this
exemption. So, three-plexes and four-plexes are not required to have a sprinkler
system in those. And sprinkler systems -- I guess in my mind are kind of the next
generation, if you will, of protection. I think America has pretty much universally
adopted and come to the understanding that smoke detectors in your home are a great
thing and they save a lot of lives. Sprinkler systems are the next generation of a great
thing that saves a lot of lives. They have been used for a lot of years in commercial
structures, they are used in hotels, motels, multi-family units, and with the latest version
of the code it now requires those to be installed in three and four unit dwellings. For
whatever reason Idaho's legislature did not adopt the code that way. So, as each
municipality adopts the codes, you are allowed to be more restrictive, you can't be less
restrictive and a number of cities across the state of Idaho have adopted and have
chosen to adopt the code with the three and four unit requirement for sprinkler systems.
So, what I'd like to do now is turn this presentation over to Deputy Chief Silva, in charge
of fire prevention. and have him run through a quick presentation of why we would like
you to adopt these codes without the exemption that the state had.
Silva: Thank you. Mayor, Members of the Council, what we would like to do is to, first
and foremost why sprinklers are like the equivalent of having a firefighter immediately in
the room should a fire occur within that room and most -- it's most important to think
about this as a life safety device. It provides initial means of escape for the occupants
of the room or the building. What we are trying to do in Meridian is to stretch precious
resources with only nine firefighters on duty, compared to national fire protection
standard, which requires a minimum of 14 firefighters on duty to respond on an initial
response in the event of a structure fire. Hopefully, the benefits to the sprinklers, in
addition to providing -- saving lives and protecting property, is that we will deal with
smaller, less intense fires, preservation of units for an expanded role in the EMS and to
reduce potential fire hazards to the firefighters who are responding to the call. In a
multi-family dwelling, careless acts of tenants can jeopardize the uninsured property of
other tenants and that's a key thing, because a lot of these folks who live in multi-family
dwellings do not have homeowners insurance -- excuse me, renter's insurance and it
can jeopardize their only contents, their only property that they have -- only personal
Meridian City Council
June 21, 2005
Page 15 of 47
property that they have. A recent fire in Nampa illustrates the effectiveness of how fire
sprinklers can minimize the damage and prevent the room becoming totally involved. In
this case the occupant was in bed at the time that the fire occurred. She had placed a --
like a hundred watt light bulb in this light fixture right to the right of the bed and when the
fire occurred what alerted her to a fire in her room was the fact that the sprinkler went
off and started to protect her and she was able to stay in the building that night, not in
this particular unit, but the other residents in the building were unaffected by the fire that
occurred that evening. These systems are very cost effective and inexpensive to install.
They utilize a poly pipe type of material to install, which is lighter, doesn't have any
negative effects on the engineering of the truss systems, it does not require sprinklers to
be installed in attics, under floors, installed in bathroom or in storage areas or balconies.
And there are other trade-offs for equipping the building with a fire sprinkler system.
Typically fire sprinklers are -- cost anywhere between $1.75 to two dollars a square foot
and I see some members of the fire sprinkler community here this evening that will
attest to that fact. Typically, once the building is built and the owner will get anywhere
between a ten and fifteen premium reduction on insurance costs, which over time
reduce the operating costs of a building in the complex. Buildings that have been put
out on -- that are finished out -- Sagecrest had 48 buildings and approximately six
buildings in the foothills apartments would have been affected by this -- this proposal.
It's noteworthy that staff has done plan review on initial conceptual site plans of 116
four-plex buildings, 116 four-plex buildings have entered the pipeline, not -- we have not
initiated any construction, any foundation work, but we have a significant number of
four-plexes coming down the development. Other communities that have adopted the
code in its entirety without the exemption -- or the exemption for three and four unit
buildings or dwelling units, Caldwell, Nampa, Pocatello, Lewiston, Post Falls -- and it's
noteworthy that McCall took action to adopt it without the exemption after experiencing
a four million dollar fire in three buildings that were under construction that were four-
plexes. They were at a stage in the construction that would have -- at that point the
sprinkler would have been activated and you would have had only a single room
involved, instead of three buildings. So, they had a four million dollar loss there. And
Rexburg and Orofino. So, we appreciate your support on the consideration of this
issue. We know it will cause some -- provide input from BCA and some other members
of our community and we hope you can support it. Chief, did you have some
concluding remarks?
Anderson: At this point, Mayor, we'd like to open it up for -- we'd stand for questions.
De Weerd: Okay. Just for the record, I would also like to note that we do have two
written comments in front of us, that is by Thomas Young with Precision Pumping
Systems, who is urging the adoption of the electrical code, and as well as from Jim
Johnson regarding insurance credits for the sprinkler systems. So, I just wanted to note
that for the public record. Okay. I will go ahead and open up for public testimony. Is
there anyone who would like to provide --
Donnell: Questions?
Meridian City Council
June 21, 2005
Page 16 of47
De Weerd: Mrs. Donnell.
Donnell: Thank you, Madam Mayor. Deputy Chief Silva, tell me why the state did not
adopt that portion into the fire code, the state fire code.
De Weerd: I think Chief Anderson is -- has more intimate knowledge.
Donnell: Chief Anderson.
Anderson: Thank you. Councilwoman Donnell, I guess that's a tough -- tough answer
and a tough question, but it's my belief, because I attended some of the committee
hearings and testified on this myself, that there was a particular legislator who carried
this piece of legislation, who I believe had a conflict of interest, who builds a lot of three
and four-plex units and, consequently, he was the one carrying the piece of legislation
and I believe that he purposely didn't want this enacted in its entirety, because it may
benefit him and that's a personal opinion and I guess subject to debate, but that's what I
believe happened in this particular case.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Would that legislator happen to be in the eastern part of our state?
Anderson: Yes, he would be.
Donnell: Thank you.
De Weerd: Does his name begin with -- no. Council, are there any further questions?
Wanting to put Chief Anderson on the spot. Okay. I will open it up for public comment.
Is there anyone who would like to provide testimony on this application? Please come
and step up to the podium. And if you will, please, state your name and address for the
record.
Ross: Okay. I'm Viola Ross. I live at the Traymore apartments and we have sprinklers
in every apartment and it really gives you a good safe feeling and there is a lot of
seniors there and we can go to bed at night and sleep without thinking it's going to catch
on fire for us. So, I very much think that would be very important.
De Weerd: Well, thank you. Okay. Sir. If you will state your name and address for the
record.
Whitney: Good evening, Madam Mayor and Members of the Council. My name is Ron
Whitney, I'm here tonight representing the Building Contractor's Association of
Southwest Idaho. I'm primarily a messenger. We do appreciate the fact that the fire
chief and Bruce, you know, came to our council meeting on Tuesday the 14th.
Meridian City Council
June 21, 2005
Page 17 of47
Unfortunately, we weren't prepared to get into a lengthy discussion as far as pros and
cons at that time and we kind of asked if we could have some time to put together a
task force to get together with them again and further discuss the details. Our primary
concern is that we haven't seen any statistics yet that really indicate to us that there is a
-- that statistically there has been a history of fires that would indicate in three and four-
plexes that it is a big a problem as it's being made out to be and whether the cost
effectiveness is really there. As you're aware this recently went to the city of Boise.
Unfortunately, I wasn't a part of that series of meetings and events, so I don't have all
the information that a couple of other individuals do, but we would like to be able to get
together further with the building department and the fire department to discuss pros
and cons of the issue and I think that's our only -- as far as what you are adopting here,
as far as the codes go, this, obviously, is the primary issue that we are concerned
about. Thank you.
De Weerd: Thank you. Any questions, Council?
Wardle: Madam Mayor. Sir, if I could -- you have indicated that you would like some
additional time as an association. Certainly, this is an issue that's important for the city
as far as time line. Did your organization have a time line in mind that would -- the city
could consider?
Whitney: I guess my question would be is this actually going to be heard and possibly
approved tonight or is there another hearing? I think Bruce indicated there is one more
hearing before this is actually adopted.
De Weerd: I do understand that your leadership is up in Coeur d'Alene at the IACI
conference and they did want to have an opportunity to comment. So, it was
anticipated to have action from Council at the earliest possible date, with -- I guess
because of their absence that perhaps next week would be the earliest. But we are
operating right now without codes and so we do need a timely discussion on that.
Whitney: Okay. Well, I'm sure we could make arrangements to get together, whether
even later this week or the first part of next week.
De Weerd: Okay. Thank you.
Whitney: Thank you.
Neal: Madam Mayor and City Council, I kind of brought this along --
De Weerd: If you will, please, state your name and address first.
Neal: John Neal, Simplex Grinnell district general manager. My address is 2254 East
Redwick in Meridian.
De Weerd: Thank you.
Meridian City Council
June 21,2005
Page 18 of47
Neal: I just brought, because whenever we talk about sprinklers --
Rountree: Is that part of your testimony?
Neal: I do have pictures, by the way. But sometimes I just like people to see a little bit
what they are looking at. Madam Mayor and City Council Members, my name is John
Neal, I'm the district general manager for Simplex Grinnell. Simplex Grinnell provides
fire protection services and is part of Tyco International. Our company's founder
Frederick Grinnell was -- formulated and founded fire sprinkler systems in the 1850s, so
our company has a little bit of background in this. Tonight I'm here to ask the City
Council members to adopt International Building Code 2003 in its entirety, including the
requirements fire sprinkler systems and R designated occupancies as outlined in IBC
2003. I do not represent myself as an expert in statistics, a lobbyist for the fire sprinkler
industry, or even a fair, un-opinionated party. I'm a person who has worked in the fire
protection industry for close to 25 years and understands the process of both installing
residential and commercial fire sprinkler systems. I am proud to be part of an industry
that is constantly involved with the sole purpose of providing systems and equipment
that save lives and property. I have personally replaced fire sprinkler heads in buildings
after a fire, still standing with no lose of life and very limited water damage. These
incidents did not grab any headlines, no heroes, just simple devices that put the flames
out quickly and safe property and lives. I was always more concerned about going back
home at 2:00 a.m. and going back to bed. In addition, I have been both a fire systems
inspector and an inspection manager in a major city for over 15 years. I have
personally inspected thousands of sprinkler heads and systems -- hundred of systems
and have an excellent understanding of maintaining and servicing residential and
commercial fire systems. Why are we here tonight and how will we move forward?
From my perspective the decision is elementary. Fire sprinklers save lives and
property, separate or together with fire alarms. However, the fire sprinkler systems stop
or suppresses fire. Many elderly or children may not be able to respond to fire alarm
only. Adopting full international business codes -- building codes, excuse me, including
group or resident occupancies is part of the evolving fire protection of citizens,
homeowners, and building owners are realizing throughout the United States, as cost
per city services, building replacement, water resources, and type of materials warrant
and mandate it. Recognized leaders in the industry, insurance, authorities having
jurisdictions have met under many organizations, like National Fire Protection
Association, National Fire Sprinkler Association, International Building Codes -- they
have done their research, formed committees, reviewed and kept statistics and
produced this tool we call the International Building Code. Excuse me. The next logical
step is to adopt it in its entirety. As a sub note quickly, just in June, under 13-D, which
is single dwelling homes, they just adopted it throughout the U.S. in 2006 that they will
start asking the individual homes to start being sprinkled. So, I want to throw this
perspective to some of the items we are talking about. It isn't anything new, we have
been doing it for some time, it's just a matter of moving into three and four-plex
buildings. It always seems evolution of fire protection has to overcome initial
acceptance, implementation, and regulations to a point where it's commonplace and
Meridian City Council
June 21,2005
Page 19 of47
accepted as best practices. In 1871 the great fire in Chicago took place and 2.7 square
miles of homes and businesses were destroyed in the entire commercial district. The
destruction included at total of 17,450 bu ildings. Relief fu nds poured in from 29 foreign
countries. Even President Ulysses Grant sent a thousand dollars of his own money.
Excuse me. From this tragedy and devastation buildings and fire protection changed.
The sprinkler system had only been developed seven years later, so I give that as a
reference in how far we have come. The difficulty here tonight is not as ominous as fire
-- the Chicago fire and the causes and prevention, because we have the tools to do so.
Our decisions tonight are acknowledging some cost, potential political capital, review
information, doing everything reasonably we can to protect Meridian citizens and
property as we are able. Children and the elderly statistically die more in fires. Certain
type of properties have more risk due to socio-economic variables. As citizens we try to
protect these people and not use cost associated with the only means test. It was not
long ago there was a resistance to fire alarm systems being required in homes and
multi-dwellings. I suspect everybody goes to sleep tonight in their house with some kind
of smoke detector. I'll skip some of the statistics, but I will be glad to show this later.
Finally, a very good article came out on fire department response times as reported by
the Boston Globe. The report titled a majority of fire departments nationwide failed to
meet response time standards. I think we alluded to it. A lot of this isn't just protecting
the structures, but it's the ability of the fire department to get there in a fast manner,
while the building materials now tend to ignite and there are good practices the building
industry has done to compartmentalize, but the reality is fire sprinklers are ready to go
24 hours a day at a reasonable cost. I brought this sprinkler pipe along, because
sometimes people get misconceptions of big steel pipe in attics and we do have big
commercial systems, but in the residential systems, as you can see, they are very
attractive. Of course, in our business it's not going to be very handsome, but this one
here on the left, the plate there, the heads inside you can't even see it, it would drop
down, so I just brought that as kind of an example and I have a brochure here if any of
the members would like that. So, finally, I urge Meridian City Council to fully adopt the
I BC 2000 as recommended by the city fire department and ['II leave it with -- go to Las
Vegas. It's hard to believe in 1980 the MGM burned and there had been legislation out
there and because of that most of the buildings are sprinkled throughout Vegas. It's a
very common item. So, I hope that the city takes those kind of things in mind and is
proactive and votes to adopt it.
De Weerd: Thank you. Council, any questions?
Bird: I do have one, Madam Mayor. Do you have a statistic on how many people
actually die from the fire, as to the smoke? And what kind of heat do you have to have
to get that sprinkler off? And smoke will not set it off, unless it's a -- okay.
Neal: On the death statistics or the things you just asked for, I have a binder full and
depending on who you ask there is a lot of statistics and they tend to blame the
residential and commercial all these together. I could provide that, but there may be
people better for that. I could speak more to -- in part of my notes -- I'm sorry I had to
go quick, but I wanted to be, you know, fast here, is we hate Hollywood when they show
Meridian City Council
June 2] , 2005
Page 20 of 47
all these heads going off. It's doesn't work that way. These heads are designed to go
off at pre-set temperatures. If I may -- this little bulb right here, because it's red I know
it's 155 degrees. I also know because it's thin it's a quick response, meaning it will go
fast. Smoke does not set these off. Each head goes individually. The majority of
heads that have gone off throughout the U.S. in the hundreds that they kept tracking
this, one to two heads, as that picture showed, it's a very effective process. It's
lightweight, so the industry had done a lot to really get to the point where they can install
these in a cost-efficient manner. Two dollars is probably a pretty good thing and
because people are concerned about esthetics in houses, that is what that's designed to
do, so I mean they have worked very hard to make these -- you don't even notice they
are there and the maintenance on them is no different than having water on your house.
There are some things you have to do, but it's basically water to the head and the head
activates and puts out the fire and you turn it off, sop it up, and there you go.
Bird: Thank you very much.
De Weerd: Thank you. Okay.
Bettencourt: Mayor, City Council, my name is Brad Bettencourt. I live at 7774
Snohomish, Boise. I was here to talk to answer your questions more thorough. I spoke
to UL, which is one of the listing agencies of sprinkler heads and got some information
from them. Residential heads are truly designed for life safety. They have to wet within
28 inches down from the ceiling. Several can be from eight to ten feet away from the
wall. So, even at eight, nine, ten feet from the wall it's got to be within 28 inches from
the ceiling. They are trying to get the walls wet. Their intent is to keep the
temperatures down, the gases down that kill people, the smoke, it's all geared towards
keeping heat and temperatures, everything down. One of the tests they have meet is at
five foot three, which is eye level, the temperature can never get above 200-0degrees.
At five foot three it can never exceed 130 degrees for more than two minutes. So, even
little people like me, that's eye level. One hundred thirty degrees, it can't be that for
more than two minutes. So, that means the heads are activated and never be above
200. The water, the sprinkler goes off, activates, cools everything down quickly. They
are designed to get people out early. At three inches below the ceiling it can never
exceed 600 degrees. Again, these are all tests that if that head fails either one of these,
it doesn't get a residential listing. They put a 500-degree thermal couple imbedded in
the ceiling of the room when they do the test. It's set at 500 degrees. It can never go
off. And this is back to, I think, most residential homes are put out -- fires are put out
with one head. Commercial homes -- or commercial buildings are more like two or
three heads, but that's the difference between a commercial head and a residential
head. Commercial heads, they just worry about wetting the wall, most of them, seven
and a half feet from the wall for the standard head. Again, it's a 155 quick response or -
- yeah, sprinklers in here, be light hazard. But they are not worried about wetting on the
wall, they are worried about it's an occupied building all the time, people can get out in a
residence. It's about life safety. The sprinkler heads are designed specifically for that.
Statistics. I get a little frustrated with statistics, because I'm sure we have all heard of,
you know, why do we have so many dead people before the city decides to put a traffic
Meridian City Council
June 2[, 2005
Page2! of47
light somewhere or change it from a two way stop to a four way stop. These people, as
John said, have done all the research. These people just don't wake up one morning
who write these codes and say, gosh, I think I'm going to go put this into a code today.
They do the research. I'm sure they got grilled way harder that any of you guys have or
even the city of Boise or Council. They feel they are needed. If there is cost issues,
maybe the city should think about not worrying about making the homeowners do some
of the beauty of the property. Go to single pane windows. Get rid of some of your
insulation requirements. That seems to be everybody's big concern when we went
through this in Boise was cost impact. Your own Chief Silva said a buck 75 to 2.50, I
think that's pretty much where it is. I hope you consider this. I would ask that if you do
vote on anything today, because I know you're on a time crunch, J feel it would be more
prudent to error on the side of caution and adopt it in its entirety and, then, go back and
let us and the building officials argue it out. When the city of Boise did that, they did it
the other way around. It went to their code review people and, then, a vote of nine to
one they said it should be voted in its entirety. The City Council did not vote that way,
chose to leave it out.
De Weerd: Sir, J'm sorry, your three minutes are up.
Bettencourt: Okay. I'm sorry.
De Weerd: But, Council, do you have any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Mr. Bettencourt, by stature I don't believe you and I would see eye to eye,
but -- and you speak with some authority. Could you tell me your background, just so I
can be comfortable with what you tell me?
Bettencourt: I have been -- I have been in the fire sprinkler industry for about 21 years.
Actually started in Phoenix as a designer and back, then, I was there when Scottsdale
first voted in their residential and they do have a 15 year study out now that talks about
how that's worked well. They have had several trade-offs to do that when they went
and put it and they were under a lot of heat when they did that, no pun intended.
De Weerd: Yeah. But the heat would escape because our energy code just went to
heck with your suggestion.
Bettencourt: Well, you know, if we are just worried about money, I'd rather see it go for
life safety than some of the other things.
De Weerd: Than utilizing our energy code, uh?
Bettencourt: Just giving an example.
Meridian City Council
June 21,2005
Page 22 of 47
De Weerd: Let's come up with a different one.
Bettencourt: Adopt it in its entirety and you can get it all. You get yours and everyone
else gets theirs.
De Weerd: Okay. Any further questions?
Rountree: Thank you.
Bird: I'll make a statement. Put single pane and take your insulation out and, then, you
won't have to worry about fire sprinklers either, because the water will be frozen.
De Weerd: Okay. Thank you, sir.
Patrick: Madam Mayor, Ladies and Gentlemen of the Council, I'm Greg Patrick. I live at
3063 South Canonarro in Boise. I'm a standing member and co-founder of the Idaho
Fire Protection Forum. I'm a member of the National Fire Protection Association and
the American Fire Sprinkler Association. Been in the fire sprinkler industry for over 21
years. In fact, I come from a very similar background as Mr. Bettencourt does. He and
I worked together in the Scottsdale area, which I think most people recognize as an
area of the country that has been very instrumental in residential fire sprinklers. They
have very strict codes down there and because of the work they have done there, they
had done great things for that community, in essence, of costs to the community in
savings that they have been able to bring to that community for the fire department, fire
services, other city administration. I believe that through the testimony that you're going
to hear from both sides of this argument, that you're probably going to hear some
fallacies and some of the fallacies that have I heard thus far in other communities where
this issue has come up is that fire sprinklers are not affordable. ] think you have seen
tonight that they are very affordable, they are not five or six dollars a square foot, as
some might lead you to believe. I think that $1.75 to 2.50 that Chief Silva spoke about
is a good figure. Fire sprinklers are not proven to save lives more than say smoke
detectors. I have actually got some statistics to help answer your questions on that.
May not be sufficient water to operate fire sprinklers in some areas of your community.
That's certainly one we have heard. And that if you do adopt the full measure of the
code, that builders will just go elsewhere and build and they won't build in your
community. I think these are all fallacies. I think they are very attractive. You saw the
example that Mr. Neal brought. Fire sprinklers control and extinguish fires and keep
deadly gases to a minimum, so not only are fire-related injuries kept down, but also
smoke-related injuries. Residential sprinklers use minimal flows, many 20 gallons a
minute or less. Fire departments, when they come to fight fires that are a full on fire,
are going to flow 500 to 1,500 gallons a minute. And I think quality builders will
recognize the value of fire sprinklers in their facilities. There was a question asked
about fire versus smoke-related injuries. I have got some statistics that were taken from
a study in Prince Georges County. They are another community that's very pro fire
sprinkler. From 1990 to 1993 they had statistics that were different fires that occurred in
Meridian City Council
June21,2005
Page 23 of 47
non-sprinkled buildings and of the injuries sustained they were pretty much equal,
smoke and burn related. There were, actually, 46 different injuries reported. Almost
four million dollars worth of damage occurred in those facilities. In the study from 1998
to 1999, in fully sprinkled facilities, of all the injuries reported they were all minor burns.
No smoke-related injuries in any of those instances. And the dollar value was
considerably less than those that were reported in non-sprinkled facilities. So, I come
here tonight to urge you to, please, adopt the full version of the 2003 International
Codes. The code writers had great insight when they put these codes together and, like
Mr. Bettencourt said, they didn't just wake up and decide to put these in, they gave a lot
of thought and detail into those decisions. Thank you.
De Weerd: Thank you. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Mr. Patrick, you mentioned you had some statistics on life saving aspects of
sprinklers. Would you provide that to the Council in the form of testimony?
Patrick: Well, some of the statistics I did provide were from the Prince Georges county
information and I could read on. There is pages that look like -- like this.
Rountree: Please don't, but if you would provide that information --
Patrick: I would be happy to provide copies of that to the Council for future
consideration.
Rountree: Thank you.
De Weerd: Thank you.
Wardle: Madam Mayor, just to ask about the information you provide about Prince
Georges county, were those sprinkled incidences residential or commercial or a
combination?
Patrick: The incidences that are in this particular study are all residential. They are
going to be a mixture of single family and multi-family dwellings and they actually do
break it down into multi-family, motel, townhouse, single-family. It's a very good
statistical study.
Wardle: Thank you.
De Weerd: Thank you.
Patrick: Thank you.
Meridian City Council
June 2],2005
Page 24 of 47
Brady: Madam Mayor and Council Members, my name is Bob Brady. I live at 1604
West Orchard Street, No. 701, in Nampa. I'm a registered fire engineer in the state of
Idaho and as a registered engineer I'm obligated to protect the health and safety of the
public, as opposed to any kind of association with builders, contractors, suppliers, or
any other organizations of that type. Over the past week I downloaded some
information from the National Fire Protection Association and discovered something
very -- what I feel is very interesting. In those statistics from 1989 to 1999 I found that
single family homes had a risk of death and injury from fire something like this,
commercial buildings and large apartment buildings something like this, and three, four,
five, six, seven, eight unit buildings something like this. And based on that, I feel that
adoption of the complete code for the 2003 International Fire Code is something that's
important. If you have any questions, I would be happy to answer them.
De Weerd: Well, sir, I guess you're from Nampa and they have adopted this portion into
their code. Could you tell me -- were you at that Public Hearing?
Brady: I was not.
De Weerd: Okay. I will ask our chief. He can enlighten us at some point.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Mr. Brady, we record and transcribe the testimony. If, for the record, you
could explain what something like this and this is, so we can have it in context.
Brady: From the standpoint of the risk of fire, this point, based on the statistics of death
and injury from fire and this point and the point for three, four, five, six-plex kinds of
apartments, is approximately 30 percent higher than the other point. From an absolute
standpoint on a percentage basis, you might say, the risk is, you know, one at these
points and 1.3 at that point, if that makes any sense.
Rountree: It helps. Thank you.
De Weerd: Okay. Any further questions? Thank you. Well, speaking of Nampa.
Smith: Hi.
De Weerd: Hi.
Smith: Madam Mayor, how are you? City Council Members, legal council, and staff
members of your fine city. I'm here -- my name is Bob Smith, I live at 2623 Toma Court
in Nampa and I'd prefer to be on your side, to be honest. It's a lot easier. And I am
Meridian City Council
June 21, 2005
Page 25 of 47
here, in spite of the fact that Chief Ron Anderson is here in attendance and after he
ditched our city and came to your fine city.
De Weerd: That's Meridian's fire chief.
Smith: Meridian's fire chief. No. You hired a great person and I have a great deal of
respect for him and you did a great job by hiring him.
De Weerd: Thank you.
Smith: I am here to lend support for the Meridian fire department's request to adopt the
IBC code. And I'm here, again, in spite of the fact that Ron Anderson is here. I mean
he has not talked to me about this and we have not had a conversation about my
attending. So, hopefully, he's a little bit surprised. And I am here to discuss this
building code from two different aspects. I'm on the City Council in Nampa and I'm also
an owner of an insurance agency, a local one. And from an insurance standpoint, I
think this code is very very important. You have two different factors from insurance.
You have the buildings owners, whose primary concern should be their premiums and,
then, you also have the renters of the three and four-plexes and their concern should be
their safety and their personal property safety. So, it's a personal safety. There is many
factors that go in to determine premiums for the building owners. You have your
building materials, protection class, prior losses, et cetera. And you also have credits
that can be applied to the base premium and those can be based on a lot of things.
Higher deductibles. Smoke detectors. Smoke detectors, by the way, you can get
between a two and five percent credit on your premiums. Security systems. You can
get up to a seven percent. And one quoting -- these are from some of the companies
that I represent, this is not a universal standard, it's -- different companies have different
percentages. Sprinkler systems. You can get up to a 15 percent credit on your
insurance premiums by installing sprinkler systems. And I actually did pull some
scenarios from different customers we have and found that they are about 15 percent.
And there is reasons for that -- that great of a discount for the fire sprinklers, as
opposed to smoke detectors and so forth, and it's because it saves property and it
saves lives and I think that is a proven fact. As an insurance agent, I hate to say it, but
we don't always look forward to those credits and the lower premiums, because, of
course, it hurts our pocket book. But it does protect lives and it provides a mechanism,
if you will, to reduce property loss. They do reduce the overall cost of repair when there
is a fire. From a water standpoint and a smoke standpoint, compared with fire, the fire
creates a lot more damage or greater damage than what a water or smoke loss would.
Basically, that's going to protect the insurance owners and this is as purchasers. The
lower -- the less amounts of claims that are out there, the lower our premiums,
hopefully, are. It doesn't always apply, but it should. I'd like to switch hats a little bit and
just from a city council perspective, and maybe from my own personal perspective, not
the city council of Nampa. When this came before us, I can tell you it's a very difficult
decision. We had people from both sides approaching us. We had the contractors who
weren't completely in favor of it. There was some that were. They understood the
benefits and the reasons why sprinkler systems needed to be installed. But there were
Meridian City Council
June21,2005
Page 26 of 47
some that didn't want to absorb the cost, if you will. We also heard from engineers and
some of their concerns.
De Weerd: Sir, I'm sorry, you will have to summarize.
Smith: Okay. We are used to five, so -- sorry. The fire department did bring out a lot of
different aspects of this and why it was important to have these and one of them was
statistics -- not statistics, but if you do have a fire in a building, the opportunity for
somebody to evacuate is a lot greater if you have a fire protection system, as opposed
to just smoke detectors. And I did consider the life safety issues as the overriding factor
when I was looking at this and judging whether to adopt these IBC codes or not. And I
appreciate the comments by the BCA regarding the -- wanting statistics on the amount
of lives that this can actually save and impact.
De Weerd: Did you think I was kidding?
Smith: No. Sorry. One more thing, the importance of fire safety. Thank you.
De Weerd: Thank you. Maybe they can prompt some more time by questions.
Council, do you have any questions?
Bird: I don't.
Smith: Thank you very much.
De Weerd: Thank you, councilman. And I think that Ron was in charge of the beeper,
so -- is there any further testimony? Okay. Council, it has been requested to continue
this at -- and certainly that's up to you. Oh, Daunt, do you have any comment? Would
you, please, provide your wisdom.
Whitman: Mayor and Council, Daunt Whitman, 8124 West Blackberry Court in Boise.
I'm your building official and I'm speaking in favor of adoption of the code and I guess
very brief comment being that the codes are written every three -- rewritten every three
years, amended every three years, and they do go through a long process to come to
code changes. It is a -- it's a long, arduous task for them to make a major change like
this and they don't do it lightly and in the same instance the building codes, fire codes,
electrical and mechanical, are all written at minimum standards and personally I guess I
have a hard time dealing with the concept that we would want to be going below a
minimum standard and the fact that the City of Meridian fire department has a very lean,
mean crew, they don't have lots of people standing around with nothing to do, if we
could add fire sprinklers stepping up and doing some of the work for them before they
got there, it would be very beneficial and I think -- I would agree that it is very possible
there is some increased costs to build these buildings, but I think it's putting the cost to
the community where it belongs. It's going to -- these three and four-plex buildings are
built to be used as income properties, typically. Those people deriving that income from
that will absorb that cost, rather than extending the cost to the entire community that are
Meridian City Council
June 21, 2005
Page 27 of 47
having to pay the firefighters who go out and deal with those fires. So, I think in our
building climate I don't think we need to be concerned with builders going elsewhere.
There is some of them I'd like to go elsewhere. They won't. Anyway, that's alii have to
say.
De Weerd: That was on the public record.
Whitman: Yes.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor. Daunt, not to forget, however, this hearing is about the
building, electrical, mechanical, and gas code amendments as well. Have you heard or
are you aware of any other issues with those other aspects of the code and do your
comments in favor of code adoption go to those elements as well?
Whitman: Yes, they do. I do feel that, you know, in trying to make major amendments
we are trying to reinvent the wheel. I think just -- I don't know that it's time well spent.
De Weerd: Council, any other questions for our building official? Okay. Thank you,
Daunt.
Whitman: Thank you.
Freckleton: Madam Mayor?
De Weerd: Yes.
Freckleton: While I appreciate Daunt's comments, I was, actually, pointing to the lady
that was behind him. I believe she had some comments.
De Weerd: I couldn't tell who you were referring to, it was just like -- I wasn't into sign
language.
Bunch: Madam Mayor, Members of the Council, I am Nancy Ann Bunch. I'm a member
of the community. I live at 2870 North Quarrystone Way. I would strongly urge you to
adopt the proposed code in its entirety and require sprinkler systems for the three and
four unit dwellings. I personally have no stake in this argument, except that this is a
public safety issue and concern. The percentage of the cost of the construction to put in
the sprinklers is very minimum and it is nothing in comparison to the potential loss of a
human life. I would strongly recommend that we show our integrity as a city and adopt
this code and require the sprinklers. Thank you very much.
De Weerd: Thank you, ma'am. Okay. Is there any further testimony? Well, we
appreciate you all coming tonight. Council, if it's your desire to continue this until next
Meridian City Council
June21,2005
Page 28 of 47
week, I think we have gone long -- this long without a code, we can wait one more
week. Mr. Anderson, did you have a comment?
Anderson: Yes, Madam Mayor. I guess just to wrap up -- and I guess it's up to you
whether you want to continue this hearing and take some additional testimony, which I
encourage you to always hear all sides of an issue and make some decisions, but I'd
just like to wrap up tonight's testimony with -- you have heard, I guess, from numerous
subject matter experts, whether they are folks in the sprinkler industry or whether they
are fire folks or insurance folks, about the effectiveness of sprinkler systems and how
the industry has responded over the years to make more costs effective sprinkler
systems that can be put in these more residential of units. You also are very familiar, I
guess, with Meridian's limited resources that we have as far as when it comes to
firefighting. We are not a Boise fire, we don't have 200 firefighters with 12 fire stations.
When we have an apartment complex on fire, it totally taxes the resources of the
Meridian fire department and we often have to rely on systems and mutual aid from
surrounding departments. You also heard tonight that the cost of these sprinkler
systems, because of the materials that they use in them now, is very negligible and can
pretty much be offset by savings that can be found through insurance premiums and I
guess when the comment was asked by Mr. Whitney about the statistics that show why
we need this, if we are going to wait until we have millions of dollars in losses or we
have lives lost, to me that's a bad approach to take. We ought to be proactive. We
certainly should be looking at putting these types of ordinances in place before we are
in front of you saying we have lost three lives or we have lost millions of dollars worth of
property in our community. So, I would urge you to be proactive and I guess the last
thing that I would say is it's individuals like Viola, I appreciate you coming tonight and
commenting. Those are the people that this ordinance will protect and so we
encourage you to pass this. There was absolutely no reason in my mind that the
legislature should have passed it the way it was passed and we would urge you to pass
it without these exemptions that were put in there by the legislature. And with that I
would close or stand for questions.
De Weerd: Okay. Council, anything further?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Viola, are you Ron's mother?
Ross: No.
De Weerd: I think mother was right.
Donnell: First of all, I would like to thank these young ladies here for coming this
evening. Considering the fact that my 90 year old mother-in-law lives at Traymore as
well, and, luckily, because that is a big complex, there are fire sprinklers and as she
Meridian City Council
June 21, 2005
Page 29 of 47
burned popcorn in the microwave and set off the smoke detector, but didn't set off the
fire sprinkler, but couldn't hear the smoke detector, I do agree that it's a very important
part of the code and so, again, thank you for coming. [hope you don't have to come
another week. Frankly, Council and Madam Mayor, I would as soon go ahead and act
on this tonight.
De Weerd: It's certainly -- it's certainly -- the ball is your court.
Donnell: Thank you very much.
Baird: Madam Mayor.
De Weerd: I just made that suggestion. Mr. -- Mr. Ted. Baird.
Baird: Madam Mayor, Members of the Council, I don't want to stop the rolling train here,
but I do want to point out that this has been tee'd up for you for public comment tonight
only. We don't actually have the ordinances published on the agenda. So, at a
minimum I might advise Council to direct, if they come back next week, and if anyone is
interested in continuing the public comment, perhaps you might want to limit it
specifically to the one item that appears to be left open and that's hearing from the BCA.
That way you don't have a whole new group of people saying the same things next
week. If that's your desire, you certainly have the ability to do that. So, J just wanted to
add those -- those to the mix. The third item on the draft ordinances that are in your
agenda, but not published as ordinances for action, we have left blank the effective
date. In discussions with Mr. Freckleton, I believe he needs a 30-day minimum period,
perhaps, to get the word out. We might seek direction from you as to what you want to
see on the final version that comes before you and Mr. Freckleton handing -- is putting
his hand on the mike, so perhaps, Madam Mayor, I'd hear more specifically about
effective dates.
De Weerd: Thank you, Mr. Baird. Yes, Bruce.
Freckleton: Thank you, Ted. Madam Mayor, Members of the Council, we would like to
provide a 30 day period of time to put some signs on our counters in our building
department, put notification on our website, just basically gear up for that -- for the
implementation. Basically, just give -- we have been telling builders in the field that it's
coming, but we'd like that little 30 day window just to put it into place.
De Weerd: Okay. Council?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Meridian City Council
June 21, 2005
Page 30 of 47
Donnell: Leave it up to an attorney to delay this. If you were not on the payroll already,
Ted, I would have one -- I would wonder why. But in that case, Madam Mayor, I would
make a motion to close the Public Hearing.
De Weerd: Do I have a second?
Rountree: Second.
De Weerd: It was a way out if I couldn't have gotten a second. Okay. The motion is to
close the Public Hearing. All those in favor say aye. Those opposed say nay. And I
say nay as well.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we continue the Public Hearing on the update of the building codes to
June 28,2005.
Wardle: Second.
De Weerd: Okay. The motion is to continue this until next week and is that also to
include the attorney to prepare the ordinance?
Bird: Yes, ma'am.
De Weerd: Okay. Second agree?
Wardle: Yes.
De Weerd: Okay. All those in favor say aye.
Rountree: Madam Mayor, discussion?
De Weerd: Yes, Mr. Rountree.
Rountree: There was a suggestion from Council that we might direct that it be open for
receipt of testimony from BCA. Is that --
Bird: BCA. Yes. BCA only.
De Weerd: Okay. Do I hear a second?
Bird: We have heard from -- we have heard from --
Wardle: Second agrees.
Meridian City Council
June 21, 2005
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Bird: We have heard from the distributors and the sellers of the products, so we will
hear from the others if they show up. If they don't --
De Weerd: Okay. The motion is to continue this until next week with testimony limited
to the BCA. All those in favor say aye. Okay. Anyopposed? Motion carries.
MOTION CARRIED: ALL AYES.
Item 13:
Public Hearing: Status of Funds for Meridian Area Senior Citizen
Center:
De Weerd: Okay. Item 13 is a Public Hearing on the status of funds for the Meridian
Area Senior Center. Ken, are you giving this? Okay. Good evening.
Thomlinson: Good evening. Madam Mayor, Members of the Council, my name is
Jennifer Thomlinson --
De Weerd: If you can talk a little bit closer to the mike.
Thomlinson: Oh. Okay. My name is Jennifer Thomlinson. I live at 10 -- wait a second,
that is where I work. 7996 South Federal Way, Boise. I am a grant administrator with
Sage Community Resources and this is a status of funds public hearing on the
upgrades to the Meridian Senior Center Project. Activities to date -- our total project
cost has been 171,603 dollars. Oh. And there is, actually, a typo at the bottom of your
handout. This isn't Garden City, it is actually Meridian. I apologize.
Bird: I noticed that. I thought maybe they were subsidizing us.
Thomlinson: So, the total project cost is 171,603 dollars. ICDBG money is 100,000
dollars and there is local match of 71,603 dollars. Thus far out of the grant we have
spent 17,812 dollars, which is 18 percent of the total grant, and we have 82,188 dollars,
which is 82 percent of the total grant left, and we are at 50 percent construction
complete. The activities that have been completed to date include handicapped
accessible ramps have been installed. The temporary railings are up, but the final metal
railings are expected to be installed in the very near future. The door frame on the
south side of the building has been completed, but the door hasn't been installed due to
a delay in receiving the ordered materials. Demolition of the bathrooms has been
completed and saw cutting is a hundred percent complete. We still have left to go the
kitchen renovation, which is the largest piece of this project, and I just got an update
that the ceiling has actually been removed and they are going to start working on that
this weekend. The bathroom renovation is 30 percent complete. Concrete excavation
is at 90 percent complete. Selective demolition is at 40 percent complete and epoxy
and rebar is 20 percent complete. The electrical, mechanical, plumbing and fire
sprinklers have not started, but the electrical is slated to start Thursday or Friday of this
week. And we are expecting a date of substantial completion at July 21 st of this year.
Meridian City Council
June 21, 2005
Page 32 of 47
We have had a few change orders -- or not change orders, but we have had some
amendments made to the -- to the project scope of the work and the budget. The cost
amendments are within the resources available to the project and do not result in
substantive changes to the budget, target, schedule, scope, objectives, beneficiary of
the project. And based upon the preceding presentation, the Meridian City Council will
open the Public Hearing portion of this meeting and request testimony and/or comments
on the project as described. Minutes of the Public Hearing will be prepared by the city
clerk and made available for public review and following receipt of any public testimony
and comments or response to any questions or recommendation will be made as you
close this Public Hearing and written comments will be accepted for five days after this
hearing. Thank you.
De Weerd: Thank you. Any questions from Council?
Bird: I have none, Mayor.
De Weerd: Okay. Thank you very much. The Public Hearing tonight is to hear a status
report. Is there anyone from the audience who would like to ask for further information?
We will keep this open until next week to also provide an opportunity for further
questions or written testimony. Is there anyone who would like to provide testimony
tonight? Well, I see a number of people from the senior center. We appreciate your
attendance this evening. The president certainly -- Ken, the man behind the project,
has put countless hours into this and, Ken, your dedication and the time you put into this
is very much appreciated. So, if there is nothing further, we will go ahead and I would
entertain a motion from Council to continue this Public Hearing until next week.
Rountree: So moved.
Bird: Second.
De Weerd: Okay. Motion is to continue this item until -- yes.
Berg: Madam Mayor, if I could interrupt. I'm sorry. The Public Hearing needs to be
closed and so that we have a five-day period to accept written testimony and that's that
grace period that Jennifer described.
De Weerd: Okay. So, can we accept written testimony with a closed Public Hearing?
Berg: On this grant, yes. That's how it's -- we will close the Public Hearing for any
public comments. but we will accept written testimony up to five days after this hearing
and, then, submit that all to Jennifer as the grant administrator.
De Weerd: Okay.
Berg: I'm sorry.
Meridian City Council
June21,2005
Page33of47
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I will do a substitute motion to close the Public Hearing for Item No. 13.
Bird: Second.
De Weerd: Okay. The substitute motion is to close the Public Hearing on Item 13. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: There is a motion to continue this until next week on June 28th. All those in
favor say aye?
Bird: No,
De Weerd: No?
Bird: We cancelled that. You put an amended.
Rountree: [substituted.
De Weerd: Oh. Okay,
Rountree: We are done.
De Weerd: So, we don't need any action on it. Okay.
Baird: Madam Mayor, if I could summarize what just occurred here is that pursuant to
the rules of the grant, we have held a public hearing, it's been closed, and the city will
be receiving -- or accepting written comments for the next five days. Anybody who
wishes to submit written comments is instructed to do so, but we will not be reopening
this hearing next week.
De Weerd: And because there is no action needed.
Baird: Correct.
Item 14:
Public Hearing: AZ 05-014 Request for an Annexation and Zoning of
19.72 acres from RUT to a R-8 zone for Sicily Subdivision by Landmark
Engineering and Planning - south of East Victory Road and west of South
Locust Grove Road:
Meridian City Council
June 21, 2005
Page 34 of 47
Item 15:
Public Hearing: PP 05-016 Request for a Preliminary Plat approval of 74
building lots 5 other lots on 19.72 acres in a proposed R-8 zone for Sicily
Subdivision by Landmark Engineering and Planning - south of East
Victory Road and west of South Locust Grove Road:
De Weerd: Okay. Thank you for that clarification, Mr. Berg and Mr. Baird. Okay.
Items 14 and 15 are Public Hearing AZ 05-014 and Public Hearing PP 05-016. I will
open these two public hearings with staff comments.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: We have been asked to continue these to 4/28 by our zoning staff, because we
got another variance to bring through at the same time, so with that --
De Weerd: Is that 4/28 in 2006?
Bird: 2005.
De Weerd: That was a couple of months ago.
Bird: 6/28. I'm sorry. Times goes too fast, as you get old.
Rountree: If that is a motion I'll second it.
Bird: That was a motion to continue Items 14 and 15 of the public hearings until June
28, 2005.
Rountree: Second.
De Weerd: Okay. The motion is to continue Items 14 and 15 to the 28th. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 16:
Public Hearing: CUP 05-021 Request for a Conditional Use Permit for
an addition for a gymnasium and commons area to existing junior / senior
high school for Cole Vallev Christian School Gymnasium by eTA
Architects Engineers - 200 East Carlton:
Item 17:
Public Hearing: VAR 05-007 Request for a Variance for a reduction in
off street parking requirements for proposed gymnasium and commons
area for Cole Vallev Christian School Gvmnasium by CTA Architects
Engineers - 200 East Carlton:
Meridian City Council
June 21,2005
Page 35 of47
De Weerd: Okay. Items 16 and 17 are public hearings CUP 05-012 and VAR 05-007. I
will open this Public Hearing as well with staff comments.
Canning: Madam Mayor, Members of the Council, this is -- this project is the Cole
Valley Christian School Gymnasium and it's located at 200 East Carlton, which, as you
know, is at Carlton and 2 1/2 Street. The applications include the Conditional Use
Permit for the gymnasium itself and that is required, because it's a school facility in an
L-O zone. And, also, a variance in the reduction for off-street parking requirements
associated with the gymnasium. The gymnasium that is proposed is 26,646 square
feet. It will be attached to the existing school structure and the gymnasium will serve
both the junior high and high school that are in the existing structure. Did want to point
out the unusual site design in that it wraps around the Apostolic Bible Church. I have
been stumbling over that word Apostolic all day trying to figure out how to say it. This is
the site plan. We have shifted directions here, so north is now going to the left side of
the page, instead of to the top of the page. This is the existing structure. The addition
comes and wraps around the property for the Apostolic Bible Church and, then, is on
the west side of the lot. And, then, the parking has been reconfigured on the remainder
portion of the lot as you see here. It does integrate with the parking that's on the
surrounded site and with the existing parking at the front of the school. So, it will be one
structure as you see here. And these are the elevations. Now, these elevations are
broken, so this is the break line here. So, this is the complete -- oh, let's see. That's the
complete east elevation. So, this will be the existing school and this will be the
gymnasium addition and this is kind of the central area between the two. And, then, this
is the west addition. You will see the existing structure is here and, then, this is -- this is
the area that would be behind the -- where the post office sits in front of this area here.
And, then, these are the north elevations and the south elevations. P&Z has
recommended approval of this application of the Conditional Use Permit, with
modifications. At that hearing there was one individual, Michael Morrison, who testified
regarding the on-street parking issues in Old Town in general. It wasn't necessarily an
opposition to this particular application, it was just with regard to the off-street parking
being provided in the Old Town in general. The key issues of discussion at the
Planning and Zoning Commission, there were three of them. The first was the proximity
of the food service to the proposed dumpster location. This issue was not addressed in
the staff report, it was brought up by Chairman Zaremba. I think it resolved during their
course of the hearing that the dumpster is close to the food service. I think he was
concerned that they were too far away from one another, but I think he was satisfied at
the end that they were close enough. The second issue was the required landscape
buffer between the school and residential properties to the north. So, along this
property line at the left edge of the page. And they asked the applicant to go back and
look at the existing vegetation on the adjoining property. He has done that. The
existing trees on that property provide a 75 to 80 percent screen of that -- of that
property -- shared property line there, so staff did feel that -- or staff recommends that
that is, probably, sufficient buffering for the Old Town area for this use. And, again, as
you will remember on the elevations, the north and -- the north elevation is relatively
small compared to the other one, so -- the third and the real issue in the old -- and the
subject of the variance is the on-site parking. The school, basically, has enough parking
Meridian City Council
June 21,2005
Page 36 of 47
to satisfy the parking requirements for the classrooms themselves. Their justification is
that the gymnasium is only being used as, basically, an accessory use to the
classrooms. They are not going to be holding activities in the gymnasium that would
provide -- or generate additional traffic, it's only serving the needs of the students that
are already there for school. Now, they may hold activities after school hours or they
may hold activities on the weekends, but the existing parking on site would be sufficient
to accommodate the gymnasium. When the classrooms aren't in use, then, there would
be enough parking for the gymnasium to meet code requirements. Our code is a little
odd in that it specifically says that if there is two uses, you have to combine the parking
requirements for both. It doesn't give you the ability to say, okay, these two uses aren't
going on at the same time, therefore, we don't need double the parking, it specifically
says you have to count both and that's why they need the parking variance. So, the
only outstanding issue before you to take action on the Conditional Use Permit, you do
need to take action on the variance, if you want to approve the Conditional Use Permit.
With that I will answer any questions that you may have.
De Weerd: Okay. Council, any questions for staff?
Bird: I have none.
De Weerd: Okay. Is the applicant here? Good evening.
King: Good evening, Madam Mayor, Members of the Council. My name is Jeff King,
I'm with CT A Architects Engineers, 1185 Grove Street, Boise, Idaho. We have no
issues with staff's findings and look forward to proceeding with the project. Any
questions?
De Weerd: We like that kind of testimony.
King: Thank you.
De Weerd: Okay. Mr. Wood, do you have any comment?
Wood: My name is Mark Wood, I'm the superintendent of Cole Valley Christian School,
200 East Carlton, downtown Meridian. I have no comments, except to beg, plead, write
checks -- we are thrilled to have a gym. Thirty-three years without one. I will be happy
to answer any questions.
De Weerd: Well, we are thrilled to have you in our downtown and seeing the growth
both of your school and this expansion. That's great.
Wood: We are very happy to be here.
De Weerd: Council, any comments or questions?
Meridian City Council
June 21, 2005
Page 37 of 47
Wardle: Madam Mayor, just -- Councilwoman Donnell and I were discussing that while
Cole Valley hasn't had a gymnasium, this actual site had a gymnasium when I was a
student there, so --
Wood: Right. And we played there.
Donnell: And if it was good enough for him, it should be good enough for you.
Wood: It's not a gym anymore. The people we bought it from turned it into other things,
like a library and stuff like that.
Bird: That was the first gym in this valley with glass backboards. I think Boise High
come the next year. It was the first -- and I can't remember whether I was in the 7th or
8th grade that I played on it. It was the first glass backboards.
Wood: But, you know, the original gymnasium is in the -- is in the 1912 part of the
building, which is the smaller piece, and it's in the basement and it's brick.
Bird: Yeah. That's right.
Wood: Someday you will have to stop by there, because there were students from the
'40s and '50s that have put their names up there and stuff.
De Weerd: See, that just goes to show you that things change over time.
Wood: Yes, they do.
De Weerd: Thank God. Okay. This is a Public Hearing. Is there anyone who would
like to provide testimony on this application? If there is no further discussion or
information needed, I would entertain a motion to close.
Bird: So moved, Mayor.
Rountree: Second.
Bird: Sixteen and seventeen.
De Weerd: Okay. The motion is to close the Items 16 and 17. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
June 21, 2005
Page 38 of 47
Bird: I move that we approve VAR 05-007, the request for a variance, and that includes
the Findings of Facts and Conclusions of Law and Decision and Order.
Rountree: Second.
De Weerd: Okay. The motion is to approve Item 16.
Rountree: Seventeen.
Bird: Seventeen.
Rountree: Seventeen.
De Weerd: Seventeen.
Bird: No. The variance has to go first.
De Weerd: Oh. Item 17. Okay.
Bird: That's why I sit next to the lawyer, to keep me in line.
De Weerd: Thank you again, Mr. Ted. Okay. If there is no further discussion, Mr.
Berg, will you call roll on Item 17.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve CUP 05-021, include the Findings of Facts and
Conclusions of Law and Decision and Order.
Rountree: Second.
De Weerd: Okay. The motion is to approve Item 16. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. Thank you.
Meridian City Council
June 2 [,2005
Page 39 of 47
Wardle: And, Madam Mayor, if I might say it, it certainly is going to be a nice addition to
the downtown area, but it looks like a facility that's bidding for a winning championship
basketball team at the Cole Valley Christian School, so -
Item 18:
Public Hearing: MI 05*005 Request for temporary approval for the
operation of a public charter school in a L-O zone while awaiting CUP
approval for Compass Public Charter School by Compass Public
Charter School - 2511 West Cherry Lane:
De Weerd: And we will expect that. Thank you. Okay. Item 18 is Public Hearing MI
05-005. I will open this Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this project is the Compass Public
Charter School and it will be located at 2511 West Cherry Lane and that is the Cherry
Lane Christian Church. Is that right? Yes. They are nodding. Sorry. And it will jointly
use the site with the church. The highlights of the proposed development -- they will be
using a portion of the northern building on the site and, then, I believe all of the southern
building. Their lease area is approximately 17,096 square feet. There will be no new
construction. The application that's before you today is just a miscellaneous application
for a temporary use. They have applied for a Conditional Use Permit and that is in the
process and that will be heard by the Planning and Zoning Commission on July 7th.
This is done because by the time it goes through the Planning and Zoning Commission
and, then, goes fOlWard to you and gets the Findings done, it's into the school years or
getting awfully close to the school year and they needed to have some of their
approvals a little bit in advance of that. So, they are coming to you for a temporary use
for the school. In this instance we were able to have a comments meeting on it,
because it is coming up before Planning and Zoning Commission fairly quickly, so we
were able to flush out a couple of the issues associated with development of the site,
primarily the fire department. The fire department was originally concerned, because it
will represent a shift in the occupancy classification of the structures when it changes to
a school. The applicant has met with Joe Silva regarding the issues and I think they
have resolved it and all that needs to be done is to move some fire alarms to make sure
they are in the right location. The other outstanding issue with regard to the temporary
use is a letter from Joint School District No. 2 and the applicant just got this a moment
ago. I forgot to give it to her when we originally got here, but I'm going to address the
concerns. The letter is from Superintendent Clark and the superintendent's concerns
are that this go through the standard conditional use process and that also, in particular,
that they get an inspection and sign off by the state division of building safety.
Regarding the first issue, the letter would imply that all schools require conditional use
approval and that is not correct. They only require conditional use approval in the L-O
and the C-N zone. They are an allowed use in the residential districts, as well as the TE
-- or techno -- and I can't -- we see the TE's so infrequently, that I can't even remember
what it stands for, but the alternative school is on -- in the TE zone. So, in those
instances those would just come in for a certificate of zoning compliance. They would
not come in for a Conditional Use Permit. So, this is going through the full conditional
Meridian City Council
June 21, 2005
Page 40 of 47
use process, it's just a little bit behind this miscellaneous application. The second issue,
as I mentioned, was the need for inspection and sign off by the state division of public
safety. That is certainly an appropriate condition if you'd like to place that on this
application. The applicant has indicated that she's already scheduled that inspection
and she was aware of that and has scheduled that. So, I think that addresses all the
issues. There is clearly enough parking for the school. The traffic circulation suffices
and there is really no other issue that we were aware of with regard to the school going
into this location and I know that they were looking for another site for -- for someplace
they can build, but I think they were running into time constraints. So, you may want to
ask the applicant how long they intend to stay at this site. I don't know. It may just be
temporary at the site as well. I'm not sure. Okay. With that I'll answer any questions
you may have.
De Weerd: Okay. Council, any questions for staff? Okay. Would the applicant like to
come forward? Hi. If you will, please, state your name and address.
Jensen: Madam Mayor and Council Members, my name is Chris Jensen and I live at
2870 South Goldbar Avenue in Meridian, Idaho. I currently serve as the chairman of the
board for Compass Public Charter School and I come before you tonight to ask for your
approval of our miscellaneous use permit. What has kind of brought us here is we were
approved by the Idaho state public charter commission in October of last year. Prior to
that we had met with Brighton Corporation and we have proposed to them that they set
modulars on a piece of land that they had located at Ten Mile and Chinden, but to be
Bainbridge Subdivision and so -- and they were working on that and as we got further
into the process it became apparent that as -- if we went with the modulars, we would
need to be in them for three years and the set up costs and the return cost were
significant. So, at that time Dave Turnbull advised us that he thought it would be
prudent of us if we would possibly look for a temporary space to lease, at which time
that would give him the appropriate amount of time to, then, build a permanent site and,
then, we would lease to own from him. Following -- that was in April 21 st when we had
that conversation and so we immediately began looking for a temporary location. We
went to Cherry Lane Christian Church. They are in the process of trying to sell their
building and build a new one, but it had all the necessary requirements that we had to
have. It had the space, it had the parking, it had all the things that we needed to
operate our school there for our first year. And so we proceeded with that. When we
began the conditional use -- when we approached the Conditional Use Permit process,
we realized the length of time it would take and it was suggested to us by Brighton
Corporation that we apply for a miscellaneous use permit, that would give us, then, time
to begin moving forward as we concurrently applied for the Conditional Use Permit. So,
that's what we have done and I'm trying to think if there is anything else. That's all the
information I have at this time. I have contacted -- our administrator has contacted the
state department of education and their building and safety and we are playing phone
tag right now, but we are setting up an inspection from their group over there and we
will -- we will have that inspection. We did go with Joe Silva today and had a walk
through of the building and there were some minor deficiencies, but they seem to be all
things that we would be able to have fixed in a timely manner. So, we feel confident.
Meridian City Council
June 21,2005
Page 41 of47
It's a great location for us. A lot of the parents and families that are in our charter
school, live actually close or nearby that area. So, it will be nice for them, even though
that won't be our permanent facility, it will be nice for them for the time being. This is __
this is a map and I will give this to the clerk when I'm done with this, but this is a map
that shows our boundaries and, then, also this is a temporary school site right here,
Cherry Lane Christian Church. The pins represent the families that -- and where they
come from, where they live, that will be attending the school and, then, over here up on
this corner is the permanent school site on Ten Mile and Chinden. And so that gives
you kind of an overview of our student population there.
De Weerd: Chris, if I can ask you to turn and just show who is sitting out in the
audience. Thank you so much.
Jensen: So, if you have any questions --
De Weerd: Council, any questions? Thank you so much. This is a Public Hearing. Is
there anyone who would like to provide testimony on this application? I knew, Larry,
you could not help yourself. Not that I find out there was deficiencies in my church -- if
you will, please, state your name and address.
Woodard: My name is Larry Woodard, one of the ministers at Cherry Lane Christian. I
live at 1701 Almaden, north of town. I just wanted to say that we are supportive of this.
They approached us a couple months ago. We have worked together to try and work
this out. Obviously, we have got to do some more discussion after the fire people went
through today, because they had some door things and other stuff that I just learned
about this afternoon. But with their help we think it will be a good match. It's going to
squeeze us all for one year, but we are both in a temporary situation, hopefully, and so
we -- I just wanted to say we are supportive of their request and hope that it will move
forward.
De Weerd: Thank you very much. Any questions? Thanks. Is there any further
testimony? Okay. Mr. Wardle.
Wardle: Madam Mayor, just a point of clarification from Anna. How long is the
miscellaneous use application for?
Canning: I don't believe we put a time limit on it, but I can take a moment and look.
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: The site specific conditions indicate that unless changed by the CUP, it
would be from August of '05 to June of '06.
Canning: Thank you, Councilman Rountree. I appreciate that.
Meridian City Council
June 21,2005
Page 42 of 47
De Weerd: Okay. Any further comments or information needed?
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Anna, there -- under the comments it talked about a barrier, additional
buffering. Is that a requirement or is that just a suggestion? Under the noise ordinance.
Canning: Madam Mayor and Members of the Council, I believe that the issue was is
that the site as it was developed by the church a number of years ago doesn't provide
the screening that would be required for a school in this area. So, the question is is it
sufficient, though -- are the buildings sufficiently far away from the edge of the property
that the Council feels it's -- it is buffering the existing residences. I apologize for not
giving you more a detailed review of it. I guess I assumed that the City Council would
maybe address more of those questions at the CU stage. I don't know whether one is
better than the other or not. I just didn't provide you a very detailed explanation, so I
apologize for that.
De Weerd: Well, I guess, Anna, some of this information the school and the church
needs to know some of the requirements as they move forward and I don't know with a
miscellaneous application if the appropriate notification of neighbors that live in the back
of this have been notified. This is quite different than the church in terms of -- and I
guess I would have a question of the applicant, what do you do with the kids during
recess and -- and lunches and that sort of thing. So, I think they need to know what
some of the specifics are, because it certainly can add to cost both to the school and to
the church, if it's anything over and above what the church already has.
Canning: Madam Mayor, Members of the Council, yes, and the key issues would seem
to be any modifications to the site design with regard to meeting current landscape
buffer requirements or hours of operation. Although churches tend to not have hours of
operation, they intend to have, you know, very different hours of operation. So, it would
be similar to the existing church use, probably.
De Weerd: Was the notification, Mr. Berg, the same on this type of application as it is in
the CUP? Is it within the 300 feet?
Canning: Madam Mayor, we did generate a property owner's list and I'm assuming that
the clerk's office did use that to send out. So, that would be property owners within 300
feet of the application.
De Weerd: Okay. Was that for this one or for the Planning and Zoning meeting?
Canning: It's in my miscellaneous application file, so --
Meridian City Council
June 21, 2005
Page 43 of 47
De Weerd: Okay. And I don't see an overwhelming load of neighbors here, which is
pleasant.
Canning: I know. And, Madam Mayor, Members of the Council, I think that that's what
we were -- as staff that's what we were waiting to see. We weren't sure how they would
feel about this with regard to the buffering.
De Weerd: I guess I would ask Mrs. Jensen what happens -- and I know this will be a
question that comes up during the Conditional Use Permit, but what are the plans
during student breaks and lunches?
Jensen: The plan was to use that back yard as some sort of playground, because there
is no established playground on the property at this time, but there is also a gymnasium
right up against the back, so we were going to have some of the activities in there, too.
But during the -- during the recess time the children would be out there. We did go and
notice that there were three homes directly up against the fence there and there were
only three homes, which I know that three homes would be a lot, even if they didn't want
us there, but that -- but that didn't seem to have a big impact there. The children will
arrive at -- they are not allowed to arrive any sooner than 8: 1 0 in the morning. They will
be there until 8:30 playing before school starts. School starts at 8:30, at which time they
go to school into their classrooms. There is one recess for kindergarten, first, second,
third have three recesses. Fourth, fifth, sixth and seventh all have one and, then, the
children have lunchtime from 11 :30 to 1 :00, which is one and a half hours. It will be
staggered lunch, so the children will be out playing in that area during that time after
their lunch, before they come into their classroom. And, then, the children will leave at
3:00, as school releases at 3:00, and I'm guessing they will be cleared out by 3:15 or so.
So, that's the periods of time that the children would be out there making noise.
De Weerd: I guess one other question I would have, since I'm familiar with this church,
is they have a great deal of green space out in the front of the church and that's an
awfully busy road that it's on. Are there going to be any--
Jensen: There are fenced areas on either side that you can close for temporary use
and we would propose closing those during the recess time, so that traffic would not go
back there and be a safety concern.
De Weerd: Well, I'm more talking about the green space along Cherry Lane.
Jensen: Oh. The children will not be playing in that area.
De Weerd: Okay.
Jensen: They are not allowed there.
De Weerd: How many kids are we talking about?
Meridian City Council
June 21, 2005
Page 44 of 47
Jensen: Two hundred forty students.
De Weerd: Wow.
Jensen: And it's grades K through seven.
De Weerd: And you're talking about the little bit of green space behind the gym?
Jensen: Yeah. And I know that there is not a whole lot. We wish there was more, but,
obviously, this is what we were able to do with the temporary situation that we are -- that
we are with. But we do plan to have balls and jump ropes and those kinds of things that
you can do on pavement type activities and we are hoping that we won't have very
many skinned knees, but -- but that's what we felt would be the best place for them. It's
safe -- it's safer than any other part of the property for them to play in.
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Chris, you're talking about just this little area right there; right?
Jensen: Yes. Uh-huh.
Donnell: And that you would block off here and here, so that no one could -- I mean you
wouldn't have any kind of vehicles going around there.
Jensen: Right. There is little -- I don't know if you can see them on the side, the little
gate symbol --
Donnell: Right there?
Jensen: Right. And, then, on the other side also and -- yeah. Right there. And those
would be pulled shut. And, then, during recess we will have -- we will have at least -- at
least two -- let me consult with -- at least two adults out there supervising the
playground at all times.
De Weerd: I guess prior to your Public Hearing on the Conditional Use Permit if you
would contact the homes that are on the other side of that fence. I think that would be
very helpful.
Jensen: We would certainly be willing to do that and -- because we will be impacting
them and we have even talked about being proactive and letting them know in case any
balls come flying over into their yard, that that -- you know, that that could occur and see
if we could try to alleviate any of their -- any problems there, so __
De Weerd: Thank you. Okay. Council, anything else?
Meridian City Council
June 21, 2005
Page 45 of 47
Donnell: Madam Mayor?
De Weerd: Mrs. Donnell.
Donnell: Neighbors never complain when balls go into their yards. They never
complain about the noise. They don't complain about any of that stuff, so __
De Weerd: Thank you. Okay. Is there any further testimony or information needed by
Council? Okay.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Hearing no further testimony, I move that we close the Public Hearing on Item
18.
Donnell: Second.
De Weerd: Okay. The motion to close on Item 18. All those in favor say aye. All
ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 18, MI 05-00518, including all staff, applicant,
and public comments with the addition of a requirement that the state division of
building safety review and approve this as a school site, as indicated by the applicant.
Donnell: Second.
De Weerd: Okay. The motion is to approve with the condition as stated. Is there any
further discussion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just a point of uneasiness, even though I probably will vote in the affirmative,
is that I hope the applicant understands that if this motion passes -- that does not
guarantee that the CUP will and I wouldn't want you go with an expectation that that
may not be breached. And, then, I have a question for the maker of the motion. Would
Meridian City Council
June 21, 2005
Page 46 of47
you also include the standards for the inspection and sign off by the state division of
building safety, as indicated by the superintendent of schools?
Wardle: That was my intention.
De Weerd: He did.
Rountree: He did? Okay.
De Weerd: Okay. Any further discussion? Okay. Mr. Bird
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 19:
Ordinance No. 05-156
as Throuahway Street:
Use of Public or Private Property
De Weerd: Okay. Motion carries. Item 19 is Ordinance No. 05-156. Mr. Berg, will you,
please read this ordinance by title only.
Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1156, an
ordinance enacting a new Title 7, Chapter 1, Section 11, Meridian City Code, making it
unlawful to use public or private property as a through way street and providing for a
waiver of the reading rules and providing an effective date.
De Weerd: Thank you. Is there anyone who would like to hear this ordinance read in
its entirety? Hearing none. Council?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 19, Ordinance No. 05-1156, with suspension
of rules.
Donnell: Second.
De Weerd: Okay. The motion is to approve item, 19. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 20:
Executive Session -Idaho State Code 67-2345(f):
Meridian City Council
June 21,2005
Page 47 of 47
De Weerd: Thank you. Item 20 is Executive Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(f).
Rountree: Second.
De Weerd: Mr. Berg, will you call roIL
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you.
Move into Executive Session at 9:45 P.M.
Bird: Madam Mayor I move we come out of Executive Session:
Rountree: Second.
De Weerd: All in favor. All ayes. I would accept - oh Council budget hearings. Keith,
Charlie and I have a COMPASS Meeting Monday afternoon on the 18th. We were trying
to fit it all on one day on the 19th T which is also a Council Meeting. Do you have any
issue with that? We could try it also the 18th in the morning if you want some of the
presentations then.
Bird: I thought that's what we do. The 18th in the morning then the 19th in the morning.
Donnell: Do we sit and listen to everything.
De Weed: You won't be there but we'll schedule the people that would be available
Berg: Yes but I thought Reta already sent out a schedule that had everything and _
De Weed: Yes but if Council would like to have a longer opportunity to consider things.
I think they take precedence over Reta. Don't tell Reta I said that.
Bird: Now don't tell Reta that.
Donnell: Madam Mayor I may be out of town that very week. Not maybe probably. It's
a family reunion.
Meridian City Council
June 21, 2005
Page 48 of 47
Rountree: That's July.
Donnell: July. And it's Monday, Tuesday, Wednesday and Thursday.
Wardle: You need that much time to see the family? I'm just kidding.
Donnell: A lot of family.
Wardle: I'm all right with Tuesday all day.
Donnell: (Inaudible).
Bird: Do you guys want to do it all the18th or the 18th and 19th? We do have a
COMPASS Meeting at 1 :30.
De Weerd: So what's the desire.
Wardle: Tuesday is fine all day.
Bird: All day.
Wardle: It's going to be all day Tuesday regardless of whether we do it Monday or not.
Bird: Take one day instead of two. That's fine with me Tammy I don't care. Do you
want to start at 7:00?
Rountree: I can't commit to all day.
De Weerd: It would be recommending Christine.
Berg: Just so you know Christine we have to approve a tentative budget because we
have to post that out to the public. That's what you're really doing is approving a
tentative budget. We can go less but we can't go more.
Donnell: So actually this is the time for the Department Heads to present their budgets.
Berg: But somewhere down when we have the public hearing before the public that's
when you make your ultimate decision and prepare an ordinance for that appropriations.
We have to send something out to the public so they know what we're thinking or
looking or tentatively approving so they have some comments.
Donnell: I'm sorry that that happens to be that week.
(Inaudible discussion)
De Weerd: Okay I would entertain a motion to adjourn.
Meridian City Council
June 21, 2005
Page 49 of 47
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor. All ayes motion carried.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 9:50 P.M.
~/26 I ~:;
DATE APPROVED
June 17.2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 21. 2005
ITEM NO.
5-8
REQUEST Sanitary Sewer and Water Main Easement for Ferguson Enterprises, Inc.
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING OEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~vV
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
JUN 0 20D5
To: Mayor De Weerd & City Council
From: Karie Glenn
cc: File
Date: 6/612005
Re: Proposed Agenda Items for 6/14/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
6/14/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Sanitary Sewer and Water Main Easement for Ferauson Enterorises Inc.
Typical Sanitary Sewer and Water Main Easement.
Recommended Council Action: Approve the Sanitary Sewer and Water Main
Easement for Ferguson Enterprises Inc and authorize the Mayor to sign and
City Clerk to attest.
Thank you for your consideration.
., Page 1
SANITARY SEWER AND WATER MAIN EASEMENT
TillS INDENTURE, made this U day of A." 20 ~ between Fenmson Enterorises Inc. ,
the parties of the first part, and hereinaft~ed 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 sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXlllBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HA VB 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 or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing orrestoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
Sanitary Sewer and Water Main Easement
EASMT.SW
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 \VITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
On this ~ day of (f;}lCi.1f ' 20OS-;-before me, the undersigned, a Notary
Public in and for said State, personally appeared Lflfl-l.J 9:. ~~ and
";" ');~ C. l::k~ , known or identified to me to be the-.; resident and
Secret , respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
'-171~ ~ ~.
NOTARY PUBLI OR VlRGINA
Residing at: Mj'J"b ~~tbu-J ~/~ 1/t!
Commission Expir&. 1/5'1 } "7
Sanitary Sewer and Water Main Easement
EASMT.SW
1, \
GRANTEE:CITYOFMERID~N
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
: ss.
County of Ada
On this_day of , 2005, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAtvfMY dE WEERD and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
Sanitary Sewer and Water Main Easement
EASMT.SW
Ferguson Enterprises
Sewer and vVater
Permanent Easement Description
An easement for sewer and water pm-poses located in the W 12 of the NW Y4 ofthe SW 'l4
of Section 8, TO'Wl1ship 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
p3.liicularly described as follows:
Commencing at a brass cap monument marking the nOlihwesterly comer of the SW Y4 of
said Section 8 from which a brass cap monument marking the southwesterly corner of
said SW Y4 bears S 0026'11" W a distance of2650.87 feet;
Thence S 0026'11" W along the westerly boundary of said SW Y4 a distance of 846.72
feet to a point;
Thence leaving said westerly boundary S 89033'49" E a distance of 57.10 feet to the
POINT OF BEGINNING;
Thence S 88030'34" E a distance of 13.99 feet to a point;
Thence S 1029'26" W a distance of 5.81 feet to a point;
Thence S 88030'34" E a distance of79.26 feet to a point;
Thence N 1029'26" E a distance of 10.00 feet to a point;
Thence S 88030'34" E a dist3.l1Ce of20.00 feet to a point;
Thence S 1029'26" W a distance of 12.70 feet to a point;
Thence S 43030'34" E a distance of24.92 feet to a point;
Thence S 88030'34" E a distance of274.04 feet to a point;
Thence N 1029'26" E a distance of 47.32 feet to a point;
Thence S 88030'34" E a distance of20.00 feet to a point;
Thence S 1029'26" W a dist3.l1Ce of 47.32 feet to a point;
Thence S 88030'34" E a distance of 132.38 feet to a point;
Thence S 0027'28" W a distance of 30.00 feet to a point;
Thence N 88030'34" W a distance of 406.11 feet to a point;
Thence S 1029'26" W a distance of 116.37 feet to a point;
Thence N 88030'34" W a distance of 45.47 feet to a point;
Sewer & Water Easement
Page 2
Thence N 1029'26" E a distance of20.00 feet to a point;
Thence S 88030'34" E a distance of 2S.4 7 feet to a point;
Thence N 1029'26" E a distance of 93.19 feet to a point;
Thence N 88030'34" W a distance of 48.98 feet to a point;
Thence N 1029'26" E a distance of33.50 feet to a point;
Thence N 88030'34" W a distance of 82.35 feet to a point;
Thence N 003"6' 17" E a distance of2S.82 feet to the POINT OF BEGINNING;
This parcel contains 20,890 squm:e feet (0.479 acres) and is subject to any other
easements existing or in use.
Prepared by: GleIm K. BeImett, PLS
Civil Survey Consultants, Incorporated
Date: May 2S, 200S
EXHIBIT B
SEWER AND WA TER EASEMENT
LOCATED IN THE SW 1/4 OF SECTION 8,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY. IDAHO.
FERGUSON ENTERPRISES
PINE/LOCUST GROVE
~
~
7 8 FRANKLIN/LOCUST GROVE
18 17
LINE BEARING
L 1 S 88'30 '3-r E
L 2 S "29'26~ W
L-3 5 88'30'3,r E
L-4 N "29'26" E
L-5 S 88'30'34" E
L-6 S "29'26H W
L-7 5 43'30'3r E
LINE DATA
DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE
13.99' L-8 N 1"29'26" E 47.32' L-14 588'30'34" E 25.47'
5.81' L-9 S 88'30'34" E 20.00' L-15 N 1"29'26" E 93.19'
79.26' L-10 S ,.29'26" W 47.32' L-16 N 88'30'34~ W 48.98'
10.00' L -" S 0'27'28" W 30.00' L - 17 N ,.29'26" E 33.50'
20.00' L-12 N 88'30'34" W 45.47' L-18 N 88'30'34" W 82.35'
12.70' L-13 N ,.29'26H E 20.00' L-19 N 0'36'17" E 25.82'
24.92'
CIVIL SURVEY CONSULTANTS, INC
100 SOUTH ADKINS WAY
SUITE 10 1
MERIDIAN, lD 83642
(208)888-4312
FERGUSON ENTERPRISES, INC.
12500 JEFFERSON AVENUE
NEWPORT NEWS, VA 23602
(757)989-2359
PROJECT
FERGUSON ENTERPRISES
SITE PLAN
SEWER AND WATER EASEMENT
SEC 8, T3N, R1 E, ADA COUNTY, IDAHO
FilE: EJ\SEMENT-S&W DATE: 5/19/05 SHEET: 1 OF 1
June 171 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 21, 2005
ITEM NO.
5-C
REQUEST Request to Dispose of Computer Equipment
AGENCY COMMENTS
CITY CLERK: See attached from IT Department
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATIORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETILERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~~~?
~
rt~
Contacted:
EmaiJed:
Date:
Staff Initials:
Phone:
Materials presented at publlc meetings shall become property of the Clly of Meridian.
June 6, 2005
City of Meridian
City Clerk Office
Dear City Council and Mayor:
We are requesting the City Council and Mayor's approval to dispose of the following
computer equipment. The items we are desiring to dispose of are listed on the attached
worksheet.
These items are outdated and are not sufficient to meet the City's computing demands.
Our plan is to donate these items to the Girl's and Boy's club. lfthe Girl's and Boy's
Club are not interested in these items we will offer them to the Idaho Youth Ranch. If the
Idaho Youth Ranch does not want these items we will be sending them to auction.
~aternos er
It Ad~inistrator
33 East Idaho
Meridian, 10 83642
Tel. 208.888.4433 ext (239)
Cell. 208.440.8744
Fax. 208.887.4813
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June 6, 2005
JUN - 6 2005
City of Meridian
City Clerk Office
Dear City Council and Mayor:
We are requesting the City Council and Mayor's approval to dispose of the following
computer equipment. The items we are desiring to dispose of are listed on the attached
worksheet.
These items are outdated and are not sufficient to meet the City's computing demands.
OnTplan is to donate these items to the Girl's and Boy's club. If the Girl's and Boy's
Club are not interested in these items we will offer them to the Idaho Youth Ranch. Ifthe
Idaho Youth Ranch does not want these items we will be sending them to auction.
Bes~~l~~~_~~._~ _.__w__.__
~;:ZH-'-- _""....~
~~_._.._-
-rt A~~~ti~~~~~rer
33 East Idaho
Meridian, ID 83642
Tel. 208.888.4433 ext (239)
Cell. 208.440.8744
Fax. 208.887.4813
paternot@meridiancitv.ora
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June 17,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 21, 2005
ITEM NO.
5-D
REQUEST Resolution - Amendment to Standard Operation Policy and Procedure Manual
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AlTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SElTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Resolution & Affachemenfs
~
p.;'fJ~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at publlc meetings shall become property of the City of MeridIan.
CITY OF MERIDIAN
RESOLUTION NO. 05- 4-15""
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING
POLICY AND PROCEDURE MANUAL TO ADD NEW POLICIES; 2.9 (TRIAL
SERVICE PERIOD FOR PROMOTIONS AND TRANSFERS); 5.5 (DIRECTOR'S
BENEFITS PROGRAM); 6.2.6 (CELL PHONES); AND 6.14 (CLOTHING ATTIRE
AND ALLOWANCE); AND ALSO AMEND THE FOLLOWING POLICIES 2.8
(INTRODUCTORY PERIOD OF EMPLOYMENT); 3.4 (COMPENSATION
PROGRAM); 4.5 (BEREAVEMENT LEAVE); 4.7 (MILITARY LEAVE); 5.4
(EDUCATION REIMBURSEMENT) AND 6.2.2 (USE OF CITY OWNED
TELEPHONES AND CELL PHONES, FAX AND COpy MACHINES, AND
COMPUTERS); AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN, IDAHO
WHEREAS, the Mayor and City Council have authority over the operations, polices,
and procedures for the City of Meridian;
WHEREAS the City has previously approved a Standard Operating Policy and
Procedures Manual in 2002 for application to all employees of the City;
WHEREAS the City Council may amend the Manual from time to time as necessary
to incorporate changes as needed;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS:
SECTION 1: The City of Meridian Standard Operating Policies and Procedures
Manual is hereby amended to add the following new policies: 2.9 (Trial Service Period for
Promotions and Transfers); 5.5 (Director's Benefits Program); 6.2.6 (Cell Phones); and 6.14
(Clothing Attire and Allowance); a copy of said policies are attached and incorporated by
reference as Exhibit" A".
SECTION 2: The City of Meridian Standard Operating Policies and Procedures
Manual is hereby amended for the following policies: 2.8 (Introductory Period of
Employment); 3.4 (Compensation Program); 4.5 (Bereavement Leave); 4.7 (Military Leave);
5.4 (Education Reimbursement); and 6.2.2 (Use of City Telephones and Cell Phones, Fax
and Copy Machines, and Computers); a copy of said policy is attached and incorporated by
reference as Exhibit "B".
SECTION 3: This Resolution shall be in full force and effect immediately upon its
adoption and approval.
STANDARD OPERATING POLICY & PROCEDURES MANUAL AMENDMENT - 2005
Page 1 of2
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2/ s;9
day of J~ ,2005. -
sf,
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2/" day
of J~ ,2005.
STANDARD OPERATING POLICY & PROCEDURES MANUAL AMENDMENT - 2005
Page 2 of2
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 6.2.6
SUBJECT: CELL PHONES
PURPOSE: The purpose of this policy is to provide a set of guidelines governing the
alternative use of cellular telephones by City employees and to provide
guidelines, criteria and conditions for reimbursement of business use of
personal cellular telephones.
POLICY: While at work, employees are to exercise the same discretion in using
personal cellular phones as they do for City-owned phones. Excessive
personal calls during the workday, regardless of the phone used, interfere
with employee productivity and can be distracting to others. Therefore,
excessive personal calls (regardless ofthe phone used) during an
employee's workday are prohibited. This policy is an alternative to Policy
6.2.2.
AUTHORITY & RESPONSIBILITY: Department Directors have the authority and
responsibility to manage their employees and the need and use of cel1 phones for City
business. Department Directors are responsible to ensure that employees that need to use
cell phones to conduct City business are doing so and that the usage and need is
appropriate.
PROCEDURES AND RELATED INFORMATION
Some employees may need to use cell phones to conduct legitimate City business
and such use is regarded as a necessity. Such employees may already have a cell
phone and service for their personal use. It is cumbersome and generally
undesirable to carry two cell phones; therefore, in these cases, the City will
provide a cell phone allowance of up to $35 per month for employees who must
regularly use his/her personal cell phone for work purposes, subject to the
following conditions:
· The Department Director must first authorize the employee to use
his/her personal cell phone for City business. An authorization form
shall be signed by the Department Director stating the amount of
allowance and the network carrier being used. Both the employee and
the respective department shall retain a copy of this authorization fonn.
The authorization form will identify the employee and the employee's
personal cell phone number.
· Employees utilizing this policy and receiving compensation for personal
cell phone use for City business will be expected to maintain the cell
phone in working order and available for City business calls as needed
and as reasonably expected.
· The employee is responsible for turning in the first page of his /her cell
phone bill to document that the employee still has the cell phone to
his/her supervisor and to request their reimbursement.
· The City will pay the agreed stipend based upon the employees' monthly
plan or $35 per month whichever is less. The Department is responsible
for documenting of all stipend amounts and changes in allowance
amounts or eligibility.
· We realize that there are certain positions within the City that require a
usage plan that would far exceed any low cost plan available. These
special requests may be processed on a case-by-case basis through the
Department after receiving approval of the Mayor's Office.
· The City will not be liable for the loss of personal cellular phones
brought into or used in the workplace.
· The employee is responsible for the administration and payment of all
personal cellular phone bills and in no way will create financial liability
for the City beyond the amount agreed to by the Department to be paid
as the stipend.
· The City reserves the right to modify or terminate any and all conditions
of this policy depending upon changing needs as defined by the City.
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 2.9
SUBJECT: TRIAL SERVICE PERIOD FOR PROMOTIONS OR TRANSFERS
PURPOSE: To provide current employees with an opportunity to learn and grow into a
new promotion or transferred position.
POLICY: Each employee shall serve a Trial Service period of no less than six (6)
months upon transfer or promotion.
AUTHORITY & RESPONSIBILITY: Supervisors are expected to set clear
expectations for employees, and to work with them closely during the trial
service period to ensure proper learning and training take place.
Supervisors are also expected to provide appropriate feedback and
learning opportunities so as to appropriately train these employees and
assess their ability to perform related job duties.
PROCEDURES AND RELATED INFORMATION
1. An employee selected for promotion or transfer will begin a Trial Service Period
of not less than six (6) months to assess their performance. The Trial Service
period may be extended by the Department Director with approval of the Human
Resources Director, and with written notice to the employee.
A. Completion of the Trial Service Period does not require a wage/salary review.
B. Should the selected employee be unable to satisfactorily perform the duties of
the new position, their supervisor will notify them. Efforts will be made to
place the employee in another position within the organization for which they
are better suited and qualified, if available. If no appropriate match is found,
termination may result.
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 5.5
SUBJECT: DIRECTOR BENEFITS PROGRAM
PURPOSE: To provide fair and equitable benefits for the Department Directors of the
City. The City acknowledges that the Directors work in excess of other
positions within the City and hold the highest amount of accountability for
the direction of the various Departments. The Directors are accountable to
the Mayor, the City Council, and the citizens of Meridian.
POLICY: The Department Directors of the City serve as appointees pursuant to
Idaho Code. The expectation is that the Director will perform and meet
the expectations of the Mayor and the City Council. This benefit plan was
developed to insure that the City of Meridian can attract and retain the
most qualified Director's. This plan provides cost effective and positive
incentives to recognize the value and enhancement quality executive
personnel can provide to the benefit of Meridian and its citizens.
AUTHORITY & RESPONSIBILITY: Human Resources will be tasked to monitor
and implement the requirements of this policy. Human Resources will
further be responsible to keep the benefits provided under this policy
current with the job market tlrrough it normal measures.
PROCEDURES AND RELATED INFORMATION:
The Department Directors shall receive the following benefits in addition to the other
City benefits provided. In areas where the Directors benefit exceeds the regular
employee's benefits, the Director shall receive the greater benefit.
· No introductory period of employment;
· Annual Leave accrual at 16 hours per month with a maximum accrual of384
hours;
· Ability to convert!ill...1Q. Y2 of accrued vacation leave annually (maximum annual
conversion amount is 100 hours) and direct it to a City deferred compensation
plan (All IRS regulations must be adhered to);
· Upon beginninl! of emplovment, the Director will receive a bank of 40 hours of
sick leave and 16 hours of annual leave;
· The City will pay for an additional $80,000 in life insurance coverage above and
beyond the City provided coverage;
· Ifnecessary, the City will provide up to the 21 days of paid coverage to qualify
for Short Term Disability program (STD). Directors own available leave must be
applied first;
· Ifnecessary, the City will provide "make-up" pay between STD and Director's
salary for up to 90 days or until Long Tenn Disability (LTD) becomes available.
Directors own available leave must be applied first.
· If necessary, the City will provide "make-up" pay between LTD and Director's
salary for up to 90 days. Directors own available leave must be applied first.
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 6.14
CLOTHING ATTIRE AND ALLOWANCE
SUBJECT:
PURPOSE:
To provide guidelines to employees regarding appropriate attire for the
workplace and the use of City funds for the procurement of work clothing
and unifonns.
POLICY:
City employees may be allotted a clothing or uniform allowance for the
purchase of work clothing or uniforms. This allowance may be used to
purchase shirts, pants, work boots, and other exterior clothing for the sole
purpose of performing their duties comfortably while maintaining a neat and
clean appearance. This allowance does not apply to the clothing supplied to
employees based upon contractual or operational requirements. These are
delineated later in this policy.
AUTHORITY & RESPONSIBILITY:
The Department Director will approve all purchases of work clothing or
uniforms either by an established policy and procedure or by individual
approval of purchase order. Purchased clothing must remain appropriate and
practical for the job being perforn1ed. The Department Director shall also be
responsible for setting the standard of attire appropriate for their department.
The attire worn should be appropriate for the job performed and appropriate
for the necessary public contact that the job requires.
PROCEDURES AND RELATED INFORMATION:
I. All clothing purchased must be practical and appropriate for the job being performed.
Clothing should be inscribed to indicate the employee is an employee of the City of
Meridian.
II. Employees are to take reasonable caution in the cleaning and maintenance of all supplied
clothing.
III. If clothing or uniforms are supplied, the employee is required to wear the provided
clothing or uniform in accordance with departmental policy or as set by the department
director. If clothing is worn or destroyed sooner than normal the employee will be
responsible for replacement. Exceptions must be approved by the Department
Directors.
DEPARTMENTS
I. Office and Administrative Staff for all Departments
Office and administrative staff will be given latitude to purchase City of Meridian
logo clothing up to the dollar amount approved in the City budget per employee per
year. The employee has the option to apply this designated amount to a larger
purchase, with the difference being paid by the employee or through the incentive
program. The City logo may only be placed on articles of clothing that are
appropriate for the workplace.
II. Public Works Field Inspection Personnel
Field Inspectors are allocated a clothing allowance to purchase City of Meridian logo
tee-shirts for summer use and long sleeve shirts for winter use. A winter jacket or
coveralls may be purchased.
III. Police Department
Uniform and dress requirements for all Police Department personnel are detailed in
Meridian Police Department Policy and Procedure Chapter II Section 3 Unifonn and
Equipment.
All sworn officers receive a clothing allowance per year and are allocated additional
chits for dry cleaning; initial uniforms and equipment are purchased and supplied by
the department on hire.
Non- sworn personnel are governed by the section on office and managerial staff.
All clothing allowance is paid directly to the employee and is taxed.
IV. Fire Department
Uniform and dress requirements for all sworn Fire Department personnel are detailed
in Meridian Fire Department Rules and Regulations Article 3- Appearance and
Uniforms.
All firefighters including the Chief and Deputy Chiefs receive a clothing allowance
per the current union contract.
V. Waste Water Treatment Plant and Water Department
Except at the discretion of the Department Director the Superintendents, assistant
superintendents, office staff and administrative staff, all other employees may
receive a clothing allowance to purchase shirts, sweat shirts, and other outer wear
such as coats and overalls. Due to their current unavailability, overalls and other
outerwear are exempt from the safety color requirement. Employees are provided
with City logo hats
VI. Parks
Except at the discretion of the Department Director, the Superintendents, office staff,
and administrative staff, all other employees may receive a clothing allowance to
purchase shirts, sweat shirts, and other outer wear such as coats and overalls.
Employees are provided with City logo hats.
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 2.8
SUBJECT: TRBl SERVICE INTRODUCTORY PERIOD OF EMPLOYMENT
PURPOSE: To provide new employees with an understanding as to employment
responsibilities and expectations regarding employment status.
POLICY: Each new employee, whether full-time or part-time, hired shall serve an
introductory period of employment for six (6) months, or one (1) year for
Police or Fire personnel. The City of Meridian is an "at-will employer.
AUTHORITY & RESPONSIBILITY: Human Resources shall communicate this
policy to new employees during their initial orientation. Supervisors are
expected to set clear expectations for employees, and to work with them
closely during the introductory period to ensure proper learning and
training take place. Supervisors are also expected to provide appropriate
feedback and learning opportunities so as to appropriately train new
employees and assess their ability to perfonn related job duties.
PROCEDURES AND RELATED INFORMATION
Every new regular full-time or part-time employee serve an introductory period of
employment of six (6) months, or one (1) year for Police or Fire employees.
II. The introductory period is used to determine whether the employee is suited for
the position, qualified and capable of performing the work and can meet the job
standards.
III. After completion of the introductory period, new employees should be given a
perfornlance evaluation as provided for in the performance appraisal policy. If the
performance of the emDlovee has been unsatisfactorv the Citv reserves the right to
sever the at-will emDlovment relationshiD or extend the introductory Deriod for up
to an additional 90 davs. The introductory period may be extended by the
department director with aDDroval of the Human Resources Director hea€l with
~ 1a) sr 8flJlfS ,al, and with written notice to the employee.
IV. Following the introductory period, employees shall be considered "regular
employees." ComDletion of the introductory Deriod is not a warantee of
continued employment with the City of Meridian nor does it alter the at-will
status. It simply provides a benchmark for employees and supervisors to achieye
and assess the emplovee's long term viability to perform the necessarv functions
of the Dosition. herein heigfl-tooea traiFIiFlg aHa s ersight takes plaee.
ComDletion ofthe Introductory Period mav not result in a wage/salary review.
HI.
TIle City reaffinns that flOtRi1'l:g . itRi1'l: tRis . .
al'la prOeea\:lfe 11'la1l8al i1'l: aaj a . speelfie pelle), ner .. itRiB the polie)
employ ees aae aoes aot i11 aa') ) eea~t1rultes a ee.F.l:t:raet set.. Ben the Cit:, aae its
OiRer! ise, 81'1 sehalf Elf the City , s ~) ll11l:fl:' er erama afl:' rights, eeatraetual er
13 e) ees.
frITRODUCTGlrv PERIGQ
~ ~ PR O} 10TED/TR,^J~'JSPERRED E} iPLOYEES
\. Aa emfJlo) ee seleetea fer premotieE ~trafl .
of11ot less tRaa sin (6) meatRs te h~fer 111 eater aB Iatrealfotorj Periea
assess IS,Qler perfennaaee.
B. S em petioe effioers ana sargaiaia I:l!}it .
ha e al'l. iHtreEffioter:, per10a of eRe (13 ) ear. effl:J.3lo) ees 1B the Fire Departmeat
C. Ceffi1318tioR eitha Intresl:leter) PeRea may aet 1'8salt iH a age/salary re is .
D. Shoals the seleetea emfllo) ee se l:H9.a81 . .
tl:J e He. position, his/her sHj3er isor .~ to ~.~ls~~etenl) 13erroffl'l the Effities of
to plaee the eHlf11o) ee iB aRother . ~ . HO 1 ! .lm'her. Effer-ts. ill se maae
he/s~e i.s setter si:litea ana Ef\:lalr~:~t.lOH II Ithm tae. orgaRizatioH ~r hieh
termlHatloR mal resl:llt. o. 8. er, If l'l.O mateh IS fOl;ll'l.a,
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 3.4
SUBJECT: COMPENSATION PROGRAM
PURPOSE: To provide guidelines for consistent administration of the compensation
program and movement of an employee from position to position (i.e.,
promotion, transfer, demotion, etc.).
POLICY: The City has developed and supports a pay-far-performance compensation
program for all non-represented employees that iaslude 13aJ iasreases fer
east Elf Ii iflg adj I:lstments. The following procedure provides guidelines
related to the administration of the compensation program for department
heads and other managers. Represented employees should refer to the
current labor agreement for information regarding their compensation
structure and policies.
AUTHORITY & RESPONSIBILITY: Human Resources shall oversee the
administration of the compensation program and shall ensure that it is
adjusted and up-to-date at all times. Department fl:ea6.s Directors are
responsible for managing the implementation of the program according to
performance and budgetary guidelines. The Mayor and City Council are
responsible for determining appropriate east Elf Ii. iag adjustments and
performance increases within budgetary constraints and guidelines.
PROCEDURES AND RELATED INFORMATION
I. The City has developed and continues to maintain a comprehensive pay-for-
performance compensation program, which provides for the establislnnent of set
ranges for all positions within the City's structure. Employees can reasonably
expect to advance through his or her pay range that is assigned to his/her position
by effectively meeting performance expectations of assigned duties.
II. The City shall comply with all State and Federal pay acts respecting the
compensation of employees for work performed.
III. The City is committed to the philosophy of rewarding employees for their
performance, and has designed a compensation program to meet this objective.
Employees may incrementally advance through their assigned salary ranges on an
annual basis in accordance with their perfonnance rating.
IV. DEFINITIONS
The following terminology may be used in describing actions or steps taken as a
normal part of this program.
o "In-guideline": These include all approvals that are within the guidelines
as set forth by the compensation program. In guideline adjustments require all
levels of management signature in the chain of command (starting with the
Supervisor) up to and including the department head.Director.
o "Out-of-guideline": Includes adjustment that do not fall within the
normal guidelines of the compensation program. Typically includes pay
increases beyond what is set forth in the annual program, or a pay decrease for
some purpose. Such guidelines require approval by all levels of management
up to and including the Mayor.
o A promotion is a reassignment of an employee to a position in a higher
salary/wage range or grade than the employee's prior position. A promotion
does not automatically justify or guarantee an increase to the individual's
actual pay.
o A demotion is a reassignment to a position of lower salary/wage range
than the employee's prior position. This does not automatically impact the
employee's actual wages paid.
o A transfer is a lateral move to a different job in the same grade. Such
adjustments mayor may not impact actual wages.
o A documented warning is an action taken when an employee's behavior
is inconsistent with the City's statement of conduct and has received a written
notice describing such conduct.
o A short-term reassignment (less than three (3) calendar months) is not
considered as a promotion, transfer, or demotion.
o A pay review is conducted when a wage or salary adjustment is being
considered due to internal or external comparison factors.
o A performance review considers various factors of the employee's
fulfillment ofhislher job duties.
Moving to another shift is not considered a promotion/transfer unless meeting the
above criteria.
IV. PAY PROGRAM
The following describes the pay program for all non-represented, non-Police
positions.
A. The City has developed a comprehensive classification and compensation
program that aligns positions within the organization based on internal
evaluation and external comparisons (e.g., market surveys). The City is
committed to internal equity and external competitiveness in its pay
program, and regularly updates and reviews its program accordingly to
maintain these objectives.
B. Positions are assigned a pay range according to job type and levels of
responsibility and other factors as provided by the job evaluation process.
Ranges are established for each position, which identify the range
minimum and maximum.
C. Movement within the ranges is dependent upon performance of job duties.
To the extent possible acceptable performance will be rewarded by an
upward movement within the range, while outstanding performance is
rewarded by more generous upward movements. Unacceptable
performance will not be rewarded. Because movement within the assigned
range is dependent upon performance, employees should not presume
there to be a guarantee of an increase, nor should they expect to reach the
maximum point of the assigned range without acceptable performance.
D. The Mayor and City Council will determine pay increases as budgets are
set and tax levies are authorized. Pay given for any position within the
City is subject to the annual budgetary process and as such may be subject
to increase or decrease from fiscal budget year to year. The head-ef-the
~ Deoartment Director may make suggestions about salary
compensation and other pay system concerns, but the final decision
regarding compensation levels rest with the Mayor and City Council. The
Mayor and City Council reserve the right to make budget adjustments, and
consequently pay adjustments, during the course of the fiscal budget year
to deal with other circumstances, which necessitate changes in entity
expenditures.
E. PerfBFlIlaaee iflef'eases are made aeeElrdiag tEl tHe mid }3EliB:t sf tHeir
61:lrren-t grade Faage. After esasiEleriag the em}3lej ee's }3erfaflRanee, the
pereeatage iflerease ill Be Eletem1iaea El3ereeH.-tage aBetments are
aeteffiliRed a) Ha) er aaa Cit) CSHnsil at1l1lialIj). This a-mal::1Rt is
multi}3lies a) the miEl 13aiat af tHe em}31a)ee's graEle aaa aElEleEl te tHe
earren-t rate. Per e1t:an=Jflle, aa eFl.'lflla) ee is in a grase raage ith a miEl
paint af$HlOO. The iREli i$al is gi,8a a 3%, iaerease eased aR His/her
}3erfSffRaflee. The eFl.'lflle)ee's eHrreat Fate is $S'.25. THe emfllaj ee's ae"
rate" SHIEl as $9.55 ($10.00 X.03 - $0.30 I $9.25 - $9.55).
Wage adiustments for market oumoses re-classification of a oosition with
a corresoonding wage increase oromotions or transfers mav be
considered in regards to an emolovee merit increase but do not orohibit
the emolovee from receiving one.
F. The performance increase amounts may be adjusted on an annual basis.
Contact Human Resources for the most current schedule.
V. COST OF Lp7l}TG /'DJUSTHENT
}~ sSfJarate eest Elf Ii. iBg (COL A ) inerease ill Be gi ef1 te Bon HFliefl. effifJle)- ees,
GB OetoBer I sf of eaeh )- ear. The am.01mt . ill Be Basea 8fl the HI estem Unites
RegieR CeE.SHmer Priee Insel( (CPI). Tl1is ine-fease is separate Hem. the
perfermaflee pa) ana step pre grams.
/'Jl pa) raBges . ill Be aajHstes B) the COL A~ pef"eeBtage. IBai iElaal pa) ill a-lse
inerease B) the eest efli. iflg aaj listm011t.
VI. BARGAINING UNIT EMPLOYEES (FIRE)
Provisions of the bargaining agreement shall govern the pay program for Fire
employees who are represented by the bargaining unit. Refer to the union contact
for pay structure.
VII. POLICE OFFICERS
A. Sworn police officers, excluding the Chief of Police and Captain(s), are on
a separate salary step program that is independent of the non-Police salary
program. (Contact Human Resources for the most current schedule.)
B. Movement on the Salary Schedule shall be detennined by reference to the
police officer's original date of employment. At the designated
anniversary date of employment (e.g. I yr, 2 yrs, etc), if the police officer
has received an evaluation rating of at least "ACCEPTABLE" for the
current year, he/she is eligible for an upward movement in step within
hislher assigned range.
C. If an officer receives less than an "ACCEPTABLE" performance rating,
he/she shall remain on the same compensation step regardless of
continuous time in service, unless and until that officer receives an
evaluation of "acceptable" or better. In addition, he/she shall also be
placed on a performance improvement plan requiring immediate
improvement in performance.
VII. EMPLOYEES WHO EXCEED THE MAXIMUM OF THEIR ASSIGNED
RANGE
A. Employees who exceed the maximum of their assigned range shall
continue to receive increases as if they were within the range for one (1)
year. If after one (1) year the employee is above the range maximum,
he/she will be ~ onlv eli!!ible for a merit amount that will not be
added to the employee's base wage until recaptured in the range.
B. Sworn officers above the maximum of the range will be ~ Qlliy
eligible for a merit amount that will not be added to the emulovee's base
~ until recaptured in the range.
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 4.5
SUBJECT: BEREAVEMENT LEAVE
PURPOSE: To provide paid time off for eligible employees to attenG IDaerals address
the needs of the emolovee uoon the death of a member of the emolovee's
immediate family.
POLICY: In the event of a death in the immediate family of an employee, the City
allows an eligible employee an absence from work with pay of!!QJQ. three
(3) consecutive workdays. Additional time off ~ may be
granted at the discretion of the department fteatl Director consistent with
the oolicies of the Citv. The employee shall notify his/her supervisor as
soon as possible prior to the use ofthis leave.
AUTHORITY & RESPONSIBILITY: Immediate supervisor and department flea6.
Director shall be responsible for administration of this policy.
PROCEDURES AND RELATED INFORMATION
I. In the event of a death in the immediate family of an employee, the City allows an
employee an absence from work with pay of .!:!:ll.-JQ three (3) consecutive
workdays. Additional time off~ may be granted at the discretion of the
department fteatl Director consistent with the oolicies of the City. The employee
shall notify hislher supervisor as soon as possible prior to the use of this leave.
II. For purposes ofthis policy, immediate family shall be defined as current spouse,
children, parents, in-laws, brother, sister, grandparents, ill: grandchild ofthe
employee. In-laws are defined as a father, mother, or grandoarents of current
soouse or sister and brother in-law of the emoloyee. Adooted or "steo"
relationshios will be considered same as any other family relationshio.
III. Bereavement Leave provisions for bargaining unit employees in the Fire
Department shall be governed by the provisions of the bargaining agreement.
Refer to the union contract for additional details.
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 4.7
SUBJECT: MILITARY LEAVE
PURPOSE: To outline the City's policy on providing employees the opportunity to
serve in the Reserve Forces or the National Guard.
POLICY: Employees who are active in the National Guard or branch of the Anned
Forces Reserves for the purpose of filIing their annual field training and
obligations will be granted unpaid military leave of absence in accordance
with applicable requirements of state and federal laws.
AUTHORITY & RESPONSIBILITY: Employees must submit all military orders to
Human Resources for initiation of proper paperwork. A copy of orders
shall be placed in the employee's personnel file, and related paperwork
will be forwarded to Accounting for proper time off considerations.
PROCEDURES AND RELATED INFORMATION
I. Employees who enter the military service by draft or enlistment shall be granted an
unpaid leave of absence for that purpose and at the conclusion of such leave of absence
shall be reinstated in accordance with all applicable state and federal laws.
II. Application for fulfilling annual field training, draft or enlistment must be made as soon
as possible after the employee's receipt of orders.
III. During military leave of absence, an employee's benefit coverage will be the same as
for any other employee on an unpaid leave of absence. Medical coverage may be
continued based on the provisions of the Uniformed Services Employment Rights Act
of 1994 (USERRA). Employees may apply any earned, accrued vacation time before
the beginning of their unpaid military service leave if they wish; however, they are not
obliged to do so.
IV. Questions about this policy should be directed to the Human Resources Director who
shall have the responsibility for interpretation to assure similar treatment of employees
on a citywide basis.
V. Emplovees on involuntarv active military duty that are receiving militarv pay in an
amount less than their pav with the City of Meridian are elif!ible for "make-uD pav."
The City will nav the emplovee the difference between their military pay and their City
pav (not including overtime swing-up or Kelly days) for UP to twelve (12) months.
Extensions beyond twelve months must be approved bv the Mayor and City Council.
VI. Employee's dependents may remain on the City medical benefits program when the
employee is on involuntary actiye military duty but they must nay the same oremium
amounts as if the employee were currently working for the City. This option may
continue for UP to twelye (2) months. Extensions bevond twelye months must be
approyed by the Mayor and City Council.
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 5.4
SUBJECT: EDUCATION REIMBURSEMENT
PURPOSE: To establish guidelines regarding educational reimbursement provided by
the City.
POLICY: The City will assist regular full-time employees by contributing to the cost
of approved courses taken at accredited institutions as outlined within this
policy.
AUTHORITY & RESPONSIBILITY: Application for tuition reimbursement must be
submitted to the department head for approval, and thereafter fOlwarded to
Human Resources for processing.
PROCEDURES AND RELA TED INFORMATION
L The City encourages employees to expand their knowledge and skills through
participation in outside educational programs during non-working hours.
II. The City will assist regular full-time employees by contributing to the cost of
courses taken at accredited institutions. The City will reimburse $500.00 per
semester up to $1,000.00 per accounting fiscal year for registration, tuition,
fees and books. Travel and similar miscellaneous expenses are not
reimbursable. The Department Director may consider reimbursement in
excess of $1 000.00 for rel!istration tuition fees and books with approval of
the Mavor and the City Council. The fundinl! for any additional
reimbursement must come from the department's current budl!et for traininl!.
III. All courses must be directly related to an employee's job, be considered of
value to the employee's future development with the City, or be part of a
degree program which relates to the employee's present position or future
development within the City. To be eIi!!ible for reimbursement the courses
must be approved in advance of particination bv the department head.
IV. To qualify for education reimbursement, an employee must be employed with
the City for six (6) months. To receive reimbursement, an employee must be
on the payroll at the time the course has begun and completed. The course
must be completed with a passing grade of C or better or a P on pass/fail
basis. Reimbursement will be made after the successful completion of the
course(s). Copies of !!fades receipts for tuition books and fees must be
submitted with the reimbursement reauest.
v. Contact the Human Resources Department for the education reimbursement
fonn.
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND PROCEDURE
NUMBER 6.2.2
SUBJECT: USE OF CITY OWNED TELEPHONES AND CELL PHONES, FAX
AND COPY MACHINES, AND COMPUTERS
PURPOSE: To outline specific guidelines regarding the use of City-owned equipment
such as telephones, machines, computers, etc.
POLICY: As per SOP 6.2, all City-owned equipment shall be used solely for the
purpose of meeting the City's operational and business purposes. No
unauthorized personal use of City equipment shall be allowed.
AUTHORITY & RESPONSIBILITY: Supervisors and department heads are
responsible to ensure that all City-owned equipment and resources within
their areas of responsibility are used solely for business purposes.
PROCEDURES AND RELATED INFORMATION
I. TELEPHONES
A. City telephones are to be used for business purposes. Outgoing local
personal telephone calls of short duration may be made during breaks or
lunch periods, in private offices if available.
B. Incoming personal phone calls should be taken as brief messages only.
C. Personal long distance calls may not be made unless the charges are
reversed or charged to an employee's personal credit card or home
telephone.
D. The City may issue cellular telephones to employees if necessary for the
efficient conduct of company business. Use of the cellular telephones is
restricted to City business. See also Citv Policv 6.2.6.
II. GENERAL OFFICE EQUIPMENT AND MACHINES
Fax, copy and other machines are to be used solely for business purposes.
Personal use of this equipment is prohibited.
III. COMPUTERS
A. Computers are to be used solely for business purposes. All computer
equipment, including but not limited to records, software, equipment, and
communications are City property.
B. The City shall have the right to monitor the use of such property at any
time. Users shall not have any expectation of privacy as to the use of City
computers including but not limited to e-mail communications and
internet infonnation that is drafted, accessed, received, sent, forwarded,
copied or downloaded.
C. The City, at aU times, reserves the right to conduct searches and
inspections and otherwise monitor all computer-related information, data,
communications, all files stored in City networks owned or leased by the
City, or on any other storage medium provided by the City for City
business including but not limited to floppy disks, tapes, and compact
disks in order to monitor compliance with this policy.
D. Employees are not to place personal copies of software or data on any City
computer without prior authorization.
IV. VOICE MAIL
A. The City's voice mail systems are designed to increase productivity and
efficiency, and should be used accordingly. When using voice mail,
employees are required to be courteous and respectful. Sensitive or
personal information shall not be left in voice mail.
B. Employees have been assigned a personal password. Passwords should be
kept confidential, expect department heads to have a list of all employee
passwords within the department. Passwords may be changed to maintain
security.
Management may randomly monitor messages to determine whether any unauthorized
persons are using the system, or whether any violations of City policy have occurred.
June 17,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 21, 2005
ITEM NO.
5-E
REQUEST Sanitary Sewer and Water Main Easement for Bonito Subdivision No.2
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public:: meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
To: Mayor De Weerd & City Council
From: Karie Glenn
cc: File
Date: 6/8/2005
Re: Proposed Agenda Items for 6/14/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
6/14/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Sanitary Sewer and Water Main Easement for Bonito #2.
Typical Sanitary Sewer and Water Main Easement.
Recommended Council Action: Approve the Sanitary Sewer and Water Main
Easement for Bonito #2 and authorize the Mayor to sign and City Clerk to
attest. (This easement request is an additional section to a previously
approved easement.)
Thank you for your consideration.
. Page 1
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this L day of ~,.,,~, 20 171--;:etween Kimball Properties Limited
Partnership, 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 additional sanitary sewer and water main right-
of-way across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
ofthis easement.
Sanitary Sewer and Water Main Easement
18073grant
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.
W WITNESS WHEREOF, the said parties of the first pari have hereunto subscribed their
signatures the day and year first herein above written.
ciG~;---
Kimball Properties Limited Partnership
STATE OF IDAHO )
) ss
County of Ada )
On this ? ~ day of =r- u yt.e.. ,20 f).!:>, before me, the undersigned, a Notary
Public in and for said State, personally appeared Winston H Moore ,known or identified to
me to be a partner of Kimball Properties Limited Partnership that executed the within
instnunent, and acknowledged to me that such limited partnership executed the same.
~\\\\\\\ \ 1111' /I """/,
IJf'~t~REOF, I have hereunto set my har1d and affixed my official seal the day
1~.Y~fAklP~~~~ritten. . ,
~*: :*~ I1 J ~
- . . - KY~ .
\ .......FUBLlC../ ! NOTARY PUBLIC.FOR IDAHO
~J'If,,~7f'Cfiu~\,'~ Residing at: i3~, ..,...(.lLL
~1111I"fII\\\\\\\\' Commission Expires: 4 - 2-(", ....Dq
GRANTEE: CITY OF MERIDIAN
Sanitary Sewer and Water Main Easement
18073grant
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
: ss.
County of Ada
On this_day of ,20_, before me, the undersigned, a Notary Public
in and for said State, personally appeared T.AM:MY DE WEERD and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk, respectively, ofthe City of Meridian, Idaho, and
who executed the within instrument, and aclmowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
Sanitary Sewer and Water Main Easement
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
18073grant
EXHIBIT "A"
DESCRIPTION FOR CITY OF MERIDIAN-ADDITIONAL
SANITARY SEWER AND WATER MAIN EASEMENT
FOR BONITO SUBDIVISION NO.2
February 10,2005
A PARCEL OF LAND BEING A PORTION OF LOTS 8 AND 10, BLOCK 4,
BONITO SUBDIVISION NO.2 AS RECORDED IN BOOK 92 OF PLATS AT
PAGE 10877, LOCATED IN THE NE 1/4 OF SECTION 20, TOWNSHIP 3
NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 20, T.3 N., R.1
E., B.M., THENCE S 00014'50" W 1404.50 FEET ALONG THE EAST LINE OF
THE NE % OF SAID SECTION 20 TO A POINT;
THENCE N 90000'00" W 178.11 FEET AN ANGLE POINT ON THE LINE
COMMON TO LOTS 8 AND 10, BLOCK 4, THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION;
THENCE S 00000'00" W 5.00 FEET TO A POINT;
THENCE S 90000'00" W 15.00 FEET TO A POINT ON THE EASTERLY LINE
OF THAT EXISTING SANITARY SEWER AND WATER LINE EASEMENT,
INSTRUMENT NO. 105034661;
THENCE N 00000'00 E 5.00 FEET ALONG SAID EASTERLY LINE TO A POINT;
THENCE N 90000'00" E 15.00 FEET TO THE REAL POINT OF BEGINNING OF
THIS DESCRIPTION.
MICHAEL E. MARKS
P.L.S. NO. 4998
18073SEW-WAT-EASE3
~~II
SUBDIVISION ~
LOT 1, BLOCK 41 ;,
8
_ r.n
L_-=-~I
~;~~N;N~~A~:~~~ N
EXISTING CITY OF MERIDIAN I I EASEMENT, PLA TfD
lASEME~;.W~N~~~~O~~~;~3~:~~~ I 9
I r : ~
IN 8 : : ~l ~
o BLOCK 4 I I ~
_Z Ij I w
ADDIllONAL h' c3
EASEMENT, I I N o~~O<r.o~l~ __I ~
5' 17811'
I I
I Ip ARCEL "B"
11 \R1:rtRN:N~826 I
I~l - -l I
------- (: \!\ lJl:
SEE PLAT OF BONITO ~ Gq.: lzl I
SUBDIVISION NO.2 ~DSl'O f'Tl I
PLA T BOOK 92 AT PAGE 10877 q,tf'DJ?,
ADA COUNTY RECORDERS IVf'
\
\ \
\-
~\
l
j
I
I
REVISIONS
PARCEL "c"
ROS NO. 6826
z
o
U5
>=
(5
m
I LOT 5, BLOCK 4 :
z
o
m
t-
-----
EXHIBIT "B"
E. OVERLAND ROAD 17116
C.P.& F. NO. 103135428 20 21
BONITO SUBDIVISION
~
~ rARPO~
N DRj lit
BLOCK 4
CITY OF MERIDIAN-ADDITIONAL
SANITARY SEWER AND WATER LINE EASEMENT
FOR BONITO SUBDIVISION NO.2
NE 1/4; SECTION 20; T.3 N.; R.1 E.; 8.M.
MERIDIAN; ADA COUNTY, IDAHO
-=-?
Stanley Consultants INC.
1940 S. BONITO WAY
SUITE 140
MERIDIAN, IDAHO 83642
208-288-0573
II^ TC- - <:; I? <. In<=,
)
N
Jr:.,
1['
June 17,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 21, 2005
ITEM NO.
5-F
REQUEST Sanitary Sewer and Water Main Easement for Mussell Comer Subdivision
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT;
CITY SEWER DEPT:
CITY PARKS DEPT;
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Memo
To: Mayor De Weerd & City Council
From: Karie Glenn
cc: File
Date: 6/8/2005
Re: Proposed Agenda Items for 6/14/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
6/14/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Sanitary Sewer and Water Main Easement for Mussell Corner Subdivision.
Typical Sanitary Sewer and Water Main Easement.
Recommended Council Action: Approve the Sanitary Sewer and Water Main
Easement for Mussell Corner Subdivision and authorize the Mayor to sign
and City Clerk to attest.
Thank you for your consideration.
. Page 1
SANITARY SEWER A.ND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of ~ 2005 between Tim 1. Mussell and Carol M.
Mussell husband and wife Kuna Victory LLC and Victory Corner. LLC, 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 sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantee, in making future repairs, will expediently replace and restore the premises
to a condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees or brush placed within the area described in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, large trees or brush within the area described for this easement,
Sanitary Sewer and Water Main Easement Page 1 C036402
EASMT.S&W 042805
which would interfere with the use of said easement, for the purposes stated herein.
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.
iTORS:
Ti .~
caa~(!np~
KUNA VICTORY, LLC
y: OAAS LANEY, LLC., its member
By: S Laney, its member
member
VICTORY CORNER, LLC
~: STEWART LANEY OAAS, INC., its member
_ By: Ste aney, its secretary
STATE OF IDAHO )
) ss
County of Ada )
On this ~ day of ~ ,2005, before me, the undersigned, a Notary
Public in and for said State of Idaho, personally appeared Tim J. Mussell and Carol M.
Mussell, known or identified to me to be the persons whose names are subscribed to the
within instrument, and aclmowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Sanitary Sewer and Water Main Easement
EASMT.S& W 042805
Page 2
C036402
~,,~"'Il'lli~~~Z}O-l1Qq~o,,~~
~..~ y~ oOo.oo~4r-~ ~~
l#oo~, Go~~ \,
... (.j I ,,"OT AI? r ~ t:. ':.
fi' ~9'-. l~',~
.. ~ .co..
~ ,A{J'B'f \. : :
~ " ... , oG. ..
'<:'{J;; O~~OO.,ooo~~....1
~.?.?~/,.S OF \~.~~....
~'tyicuc,.tt
tfk~,j Al{f~m~
~~:~: ~:U,JLIC FO IDAHO,
Commission exp~ ( -?J III b
STATE OF IDAHO)
) ss
County of Ada )
On this ~ day of ~ ~ ' 2005, before me, the undersigned, a Notary
Public in and for the State ofIdaho, p onally appeared Steven Laney, knovro or identified
to me to be a member of OAAS LANEY, LLC, an Idaho limited liability company, one of
the members of KUNA VICTORY, LLC, and the member or one of the members who
subscribed said limited liability company name to the foregoing instrument, and
acknowledged to me that he executed the within instrument on behalf of said OAAS
LANEY, LLC, and that such limited liability company executed the same in said limited
liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
~'Il~~~~~:li1:8Dq~6
~..<l' -4y~ OOe,llIl~ :.I,~ ~'t>,
I ~~.o,jIJ , . lto...~ '\
!~I ~OTAllr \~ i
E':; k"!lD'O'-i Z !
OS ' b,I1.B'L\C .., ;
\; (/), ... 0 I
'\."'~ ."ciO.- ~<$ .....
-,~ 1',l! OF \'t>;.~~~......
""".nllllt'"
o
STATE OF IDAHO)
) ss
County of Ada )
On this ~ day of ,2005, before me, the undersigned, a Notary
Public in and for the State ofId 0, rsonally appeared Steven Laney, known or identified
to me to be the Secretary of STEWART LANEY OAAS, INC., one of the members of
VICTORY CORNER, LLC, and the member or one of the members who subscribed said
limited liability company name to the foregoing instrument, and acknowledged to me that he
executed the within instrument on behalf of said STEWART LANEY OAAS, INC., and that
such corporation executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Sanitary Sewer and Water Main Easement
EASMT.S& W 042805
Page 3
C036402
~~,~Q~~~:g~r.~8h~~
~...", :yY~~OOoo~4r;()\
$~~" OOO;,p <J>
.~ e.i .~. aT AI(. Y.. \~\
~.i ~0'-!~5
i~~. Pt,Bt\~~..~ j
""1'. OOoiIO'flO. :...~~ ~......
.'B OF \v\.,~..
(l'~fI01Jldlst'~
GRANTEE: CITY OF MERIDIAN
Tarruny de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO )
) ss
County of Ada )
On this _ day of _, 20_, before me, the undersigned a Notary Public in and
for the State ofIdaho, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and
year frrst above -written.
Sanitary Sewer and Water Main Easement
EASMT.S& W 042805
NOTARYPUBUCFORIDAHO
Residing at:
Commission Expires:
Page 4
C036402
EXBIBIT A
COMMON USE PUBLIC WATER AND SEWER EASEMENT
FOR MUSSELL CORNER SUBDIVISION
A common use public water and sewer easement over, under and across a parcel of land being a
portion of U.S. Government Lot 4 of Section 19, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at an aluminum cap marking the SW Corner of said U.S. Government Lot 4, thence
along the West line of said U.S. Government Lot 4, also being the centerline of S. Kuna-Meridian
Road, NOo055'37"E a distance of 668.21 feet to a point from which a 5/8 inch rebar marking the
NW Comer of said U.S. Government Lot 4 bears NOo055'37"E a distance of 662.12 feet, thence
leaving said West line S89004'23"E a distance of70.00 feet to a point being the POJNT OF
BEGINNING;
Thence S89004'23" E a distance of 20.00 feet to a point;
Thence SOo055'37"W a distance of20.00 feet to a point;
Thence N89004'23"W a distance of 10.00 feet to a point;
Thence SOo055 '37"W a distance of 12.00 feet to a point;
Thence S89004'23" E a distance of20.00 feet to a point;
Thence SOoo55'37"W a distance of20.00 feet to a point;
Thence N89004'23"W a distance of20.00 feet to a point;
Thence SOoo55'37"W a distance of 10.00 feet to a point;
Thence S89004' 23"E a distance of 9.00 feet to a point;
Thence S00055'37"W a distance of20.00 feet to a point;
Thence N89004'23"W a distance of9.00 feet to a point;
Thence SOo055'37"W a distance of 100.42 feet to a point;
Thence S89004'23"E a distance of234.10 feet to a point;
Thence SOoo55'37"W a distance of 173.71 feet to a point;
Thence S89004'23"E a distance of 25 .90 feet to a point;
Thence SOoo55'37"W a distance of20.00 feet to a point;
Thence N89004'23"W a distance of 45.00 feet to a point;
Thence S45055'37"W a distance of52.33 feet to a point;
Thence SOoo55'37"W a distance of 192.86 feet to a point;
Thence S89059'31"W a distance of22.00 feet to a point;
Thence NOoo55' 37" E a distance of 199.51 feet to a point;
Thence N45055'37"E a distance of 68.01 feet to a point;
Thence NOoo55'37"E a distance of 146.33 feet to a point;
Thence N89"04'23''W a distance of 163.21 feet to a point;
Thence SOooOO'OO"W a distance of28.31 feet to a point;
Thence N90000'00''W a distance of20.00 feet to a point;
Thence NOooOO'OO"E a distance of28.64 feet to a point;
Thence N89004'23"W a distance of30.89 feet to a point being 70.00 feet east of said West line as
measured perpendicular to said West line i
Thence parallel with said West line, NOoo55'37" E a distance of212.42 feet to the POINT OF
BEGJNNING;
Said easement contains approximately 21,351 square feet or 0.49 acres
to any other easements or rights-of-ways of record or implied. t:.;-;~\f:}
~~
C036402 _sewer-water _ easemenUegal_ 022305hwe.doc
June 17,2005
MERIDIAN CITY COUNCIL MEETING June 21, 2005
APPLICANT ITEM NO. 5-G
REQUEST Water Main Easement for Cherry Crossing No.2
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: See attached
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT: ~~
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become properly of the City of Meridian.
To: Mayor De Weerd & City Council
From: Karie Glenn
CC: File
Date: 6/8/2005
Re: Proposed Agenda Items for 6/14/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
6/14/05 City Council agenda, on the Consent Agenda, for Council's consideration:
t 1) Water Main Easement for Cherrv Crossina #2.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Cherry
Crossing #2 and authorize the Mayor to sign and City Clerk to attest.
2) Water Meter Easement for Cherrv Crossina #2.
Typical Water Meter Easement
Recommended Council Action: Approve the Water Meter Easement for
Cherry Crossing #2 and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
.. Page 1
WATER MAIN EASEMENT
THIS INDENTURE, made this.sP' day of~, 2005 between Cherry Crossing, L.L.c., the parties of the
first part, and hereinafter called the Grantor~ the City of Meridian, Ada County, Idaho, the party of the
second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easement that was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
Water Main Easement
Robnett Meridian
Water Main Easement.doc
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 ofland, and that they have a good and lawful right to convey
said easement, and that they will wan-ant 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.
G~
~SSing, L. . :#
By: Mike Robnett it's member
STATE OF IDAHO )
) ss
County of Ada )
On this .3 /6t day of ~ ' 2005, before me, the undersigned, a Notary Public in
and for said State, personally app ared Mike Robnett, known or identified to me to be a Member of
the corporation that executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WI-IEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
(SEAL)
~~\l~n-D D &DDaoOl!aoQu
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Water Main Easement
Robnett Meridian
Water Main Easement.doc
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO,
County of Ada
On this _day of ,2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
Water Main Easement
Robnett Meridian
Water Main Easement.doc
FIRE HYDRc\i~T EASElVIENT
CHERRY CROSSING SUBDIVISION NO.2
A permanent fire hydrant easement over under and across a portion of Parcel A of
RECORD OF SURVE NO 6742, recorded as Instrument No. 104165054, records of Ada
County, Idaho located in Lot 1, Block 1 of CHERRY CROSSING SUBDIVISION NO. 2
as shown on the Official Plat recorded in Book 90 of Plats at pages 10476 and 10477
records of Ada County, Idaho, in the SEl/4 of the SEl/4 of Section 2, Township 3 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more
particularly described as follows:
Commencing at a 1/2 inch rebar marking the Southeast Corner of Parcel A of said
RECORD OF SURVEYbeing the POINT OF BEGINNING of the following described
fire hydrant easement, from which a 1/2 inch rebar marking the Northeast Corner of said
Parcel A bears NOOoOO'OO"W a distance of335.64 feet;
Thence along said East line NOOoOO'OO"W a distance of20.00 feet to a point;
Thence leaving said East line and parallel with the South line of said Parcel A
S89057' 51 "W a distance of 118.23 feet to a point;
Thence NOoo02'09"W a distance of 5.00 feet to a point;
Thence S89057'51"W a distance of20.00 feet to a point;
Thence SOoo02'09"E a distance of25.00 feet to a point on the South line of said Parcel
A;
Thence along said South line N89057'51 "E a distance of 138.22 feet to the POINT OF
BEGINNING.
Said easement contains approximately 2,865 square feet or 0.07 acres, more or less and
is subject to all existing easements and rights-of-ways ofrecord or in use.
C056029 _fire hydrant_ easemen!Jegal_ 051705hwe.doc
FIRE HYDRANT EASEMENT FOR
CHERRY CROSSING SUBDIVISION NO.2.
OVER, UNDER AND ACROSS PARCEL A OF RECORD OF SURVEY NO. 6742
BEING A PORTION OF lOT 1, BLOCK 1 OF CHERRY CROSSING SUBDMSION NO 2
LOCATED IN THE SE1/4 OF THE SE1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN.
CITY OF MERIDIAN. ADA COUNTY, IDAHO
2005
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PARCEL A
RECORO OF SURVEY NO. 6742
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RECORD Of SUJM;Y NO. 6742
CURVE LENGTH RADlUS DELTA CHORD CHORD BRG
Cl B.77 20.20 24'53'19' B.70 S77'03'2B"E
C2 43.85 50.00 50"15'03' 42.46 S8~'33'46"E
C3 8,77 20.00 25"07'28' 8.70 N77"52'30"E
DETAIL FILENAME:
C056029\OWG\ C056029_EX H 1 BIT _B.dwg
CREATION DATE:
MAY 05
PINNACLE
Engineers. Inc.
12552 W. Executive ~~71Suite B, Boise. Idaho
(208) 887-7760
DRAWN BY:
MJB
CHECKED BY:
HWE
June 17, 2005
MERIDIAN CITY COUNCIL MEETING June 21, 2005
APPLICANT ITEM NO. 5-H
REQUEST Water Meter Easement for Cheny Crossing No.2
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: See attached
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT: rr"/
MERIDIAN SCHOOL DISTRICT: #II
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
To: Mayor De Weerd & City Council
from: Karie Glenn
CC: File
Date: 6/812005
Re: Proposed Agenda Items for 6/14/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
6/14/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for Cherry Crossina #2.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Cherry
Crossing #2 and authorize the Mayor to sign and City Clerk to attest.
.:f( 2)
Water Meter Easement for Cherry Crossina #2.
Typical Water Meter Easement
Recommended Council Action: Approve the Water Meter Easement for
Cherry Crossing #2 and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
WATER METER EASEMENT
THIS INDENTURE, made this & ,s1 day of Mil/A/' , 2005 between Cherry Lane, L.L.C.,
the parties of the fIrst part, and hereinafter called the G~e 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 meter right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water meter is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefIts to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
meter over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
. The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to
undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for
repairing, replacing or restoring anything placed within the area described in this easement that was
placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
Water Meter Easement
Meridian Water
Meter Easement.doc
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 ofland, 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.
G~
Cherry e, L.L..
By: Mike Robnett it's member
STATE OF IDAHO)
) ss
County of Ada )
On this 3,/6f day of Jt1 ~ ,2005, before me, the undersigned, a Notary Public in
and for said State, personally app red Mike Robnett, known or identified to me to be the Member of
the corporation that executed the within instrument, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
~.<~~;;~!.:~;~::\
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Water Meter Easement
Meridian Water
Meter Easement.doc
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO,
County of Ada
On this _day of ,2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN" WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
Water Meter Easement
Meridian Water
Meter Easement.doc
'WATER lldETER EASElVIENT
CHERRY CROSSING SUBDIVISION NO.2
A permanent water meter "easement over under and across a portion of Parcel A of
RECORD OF SURVE NO 6742, recorded as Instrument No. 104165054, records of Ada
County, Idaho located in Lot 1, Block 1 of CHERRY CROSSING SUBDIVISION NO. 2
as shown on the Official Plat recorded in Book 90 of Plats at pages 10476 and 10477
records of Ada County, Idaho, in the SEl/4 of the SE1/4 of Section 2, Township 3 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more
particularly described as follows:
Commencing at a 1/2 inch rebar marking the Northeast Comer of Parcel A of said
RECORD OF SURVEY, thence along the East line of said Parcel A, S OQoQQ'OQ"E a
distance of 118.99 feet to a point being the POINT OF BEGINNING of the following
described water line easement, from which a 1/2 inch rebar marking the Southeast Comer
of said Parcel A bears SQooOO'OO"E a distance of 216.65 feet;
Thence leaving said East line N90000'OO''W a distance of22.87 feet to a point;
Thence SOooOO'OO"E a distance of20.00 feet to a point;
Thence S90000'QQ''E a distance of22.87 feet to a point on said East line;
Thence along said East line NOooOQ'OO"W a distance of 22.87feet to the POINT OF
BEGINNING.
Said easement contains 457 square feet or 0.01 acre, more or less, and is subject to any
existing easements or rights-of-ways of record or implied.
C056029 _ water_meter_easeme~Uega]_ 051705hwe.doc
WATER METER EASEMENT FOR
CHERRY CROSSING SUBDIVISION NO, 2
OVER, UNDER AND ACROSS PARCEL A OF RECORD OF SURVEY NO. 6742
BErnG A PORTION OF LOT 1, BLOCK 1 OF CHERRY CROSSING SUBDMSION NO 2
LOCATED IN THE SE1j4 OF THE SE1j4 OF SECTION 2, TOWNSHIP 3 NORTH. RANGE 1 WEST. BOISE MERIDIAN,
CITY OF MERIDIAN . ADA COUNTY, IDAHO
2005
rS89i3.:iSor rfl. . Sb- S89jS~6'E
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CURVE LENGTH RADIU DELTA
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ce 43.85 50"15'03'
C3 8.77 ao.oo a5'07'28'
DETAIL FILENAME:
C056029\DWG\ C056029_EXHIBILB.dwg
CREATION DATE:
MAY 05
PINNACLE
Engineers, Inc.
12552 W. E..culi". ~f71 juite B, Bois.. Idaho
(208) 887-7760
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RECORD OF SURvD' NO. 6742
CHORD CHORD BRE
8.70 57]>03'28'1:
~2.46 5B9'33'46'(
8,70 N77'52'3o'(
DRAWN BY:
MJB
CHECKED BY:
HWE
June 1 7, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 21, 2005
ITEM NO.
5-1
REQUEST Three Party License Agreement with Nampa & Meridian Irrigation District - Master
Pathway
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
ur~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetfngs shall become properly of the City of Meridian.
City; of. Meridian
Ru6lic W'otl(s DeRt.
JUN t ~ 2005
City Of Meridian
City Clerk Office
To: Mayor de Weerd & City Council
From: Brad Watson, P.E.
cc: FHe, Doug Strong, City Clerk
Date: 6/14/05
Re: June 21 City Council Meeting Agenda Item
The Public Works Department respectfully requests that the fOllowing item be placed on the
June 21 City Council agenda, on the Consent Agenda, for Council's consideration:
Three oarty License Aareement with Namoa & Meridian Imeation District - Master Pathway
Aareement This agreement is for a public pathway to be constructed in conjunction with
Vallin Court Subdivision. This is a three party agreement between the Nampa & Meridian
Irrigation District, Woodside Properties LLC, and the City of Meridian. The purpose of this
agreement is to delineate the responsibilities among the parties during and after construction.
During the construction period the agreement is between the NMID and Woodside Properties
LLC, and upon the final acceptance of the pathway by the City of Meridian, the developer
drops out of the agreement, and the City becomes the Licensee. This will cut out a
necessary step of having to re-Iicense the crossing to the City of Meridian once it is complete.
Recommended Council Action: Approve the license agreement with
Nampa & Meridian Irrigation District, Woodside Properties LLC and the
City of Meridian, and authorize the Mayor to sign and City Clerk to
attest.
Thank you for your consideration.
.. Page 1
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this _ day of ,2005, by and
between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing
under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the
"District," and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State ofIdaho (hereinafter "City").
party or parties of the second part, hereinafter referred to as the "Licensee,"
:w: I I N .E .s. .s. .E I H:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of the
District's easements and fee title lands dated December 19,2000, recorded as Instrument No. 100102999,
records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary
responsibilities; to enhance the City's pathway planning though early consultation between the City arid the
District; to establish a process for the City's submission of pathway requests and the District's consideration
of such requests; and to provide the general conditions for the District's approval and authorization of
pathway requests affecting the District's ditches, property, operations and maintenance; and,
WHEREAS, the District grants to Licensee the right develop pathways to encroach within the
District's easements along and across the District's ditches, canals and easements therefor upon the terms
and conditjons of said Master Pathway Agreement and after the execution of a license agreement for each
proposed crossing and encroachment; and,
WHEREAS, the Licensee is the owner of the real property easement / right of way (burdened with
the easement ofthe District hereinafter mentioned) particularly described in the "Legal Description" attached
hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District controls the irrigation ditch or canal known as FINCH LATERAL (aka
South S]ou2:h (hereinafter collectively referred to as "ditch or canal") together with the real property and/or
easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and
intersects said described real property of the Licensee as shown on Exhibit B attached hereto and by this
reference made a part hereof; and,
LICENSE AGREEMENT - Page 1
WHEREAS, the Licensee desires a license to perform or authorize construction to pave a pathway
within the District's easement for the Finch Lateral under the terms and conditions of said Master Pathway
Agreement and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto
agree as follows:
1. Licensee may perform construction involving the paving of the pathway on the north side
of the Finch Lateral, within the District's easement for said ditch, located within the Vallin Court
Subdivision, located south west of the intersection of Ustick Road and Meridian Road, Meridian, Ada
County, Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be performed in
accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made
part thereof.
3. The permitted hours of use of the pathway shall be one half hour before sunrise to one half
hour after sunset.
4. The parties hereto incorporate in and make part of this License Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the
provisions of this License Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit
A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them
or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has
hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day
and year herein first above written.
NAMPA & MERIDIAN IRRIGATION DISTRICT
By
Its President
ATTEST:
Its Secretary
LICENSE AGREEMENT - Page 2
THE CITY OF MERIDIAN
By
ATTEST:
STATE OF IDAHO )
) ss:
County of Canyon )
On this _ day of ,2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared Monte S. Janicek and Daren R. Coon, known to me to be the President and
Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:_
STATE OF IDAHO )
) ss:
County of _ )
On this _ day of , 2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared and , known to me to be
the and , respectively, of The CITY OF MERIDIAN, the
entity that executed the foregoing instrument and acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
Notary Public for _
Residing at
My Commission Expires:
LICENSE AGREEMENT - Page 3
EXHIBIT A
Le~al Descriotion
Idaho.
In the North East 1/4, Section 1, Township 3 North, Range 1 West, B.M., Meridian, Ada County,
EXHIBIT C
Special Conditions
a. Construction and location of the pathway shall be in accordance with certain plans consisting
of one sheet entitled "Vallin Court Subdivision, Landscape Plan", revisions dated April 26, 2005. This plan
has been delivered to the District's water superintendent, is in his possession in his office, and is hereby
incorporated by this reference.
b. The District's easement for this section of the Finch Lateral is 80 feet, 40 feet to either side
of the centerline. Construction shall be completed not later than one year fTom the date of this agreement.
Time is of the essence.
LICENSE AGREEMENT - Page 4
-~-~---- - ~ ~-~~
. Fi~ch Lieral (aka South Slough) I
In NE114, S.1, TJN, R1Y1, 8.M., I
Ada Co~ Idaho ~gust 1994) ~
Exhibi t B
June 17, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 21,2005
ITEM NO.
5-J
REQUEST Three Party License Agreement with Nampa & Meridian Irrigation District - Finch
Lateral (aka South Slough)
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See attached
~/
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
JUN 1 4 2005
City Of Meridian
City Clerk Office
To: Mayor de Weerd & City Council
From: Brad Watson, P.E.
CC: File, City Clerk
Date: 6/14/05
Re: June 21, 2005 City Council Meeting Agenda Item
The Public Works Department respectfully requests that the following item be placed on the
June 21 City Council agenda, on the Consent Agenda, for Council's consideration:
Three carty License Aareement with Namea & Meridian Irriaation District - Finch Lateral (aka
South Slouah. This agreement is for a new sanitary sewer main to serve the serve Vallin
Court Subdivision southwest of the intersection of Ustick Road and N Meridian Rd. This is a
three party agreement between the Nampa & Meridian Irrigation District, Woodside
Properties LLC, and the City of Meridian. The purpose of this agreement is to delineate the
responsibilities among the parties during and after construction. During the construction
period the agreement is between the NMID and Woodside Properties LLC, and upon the final
acceptance of the main by the City of Meridian, the developer drops out of the agreement,
and the City becomes the Licensee. This will cut out a necessary step of having to re-Iicense
the crossing to the City of Meridian once it is complete.
Recommended Council Action: Approve the license agreement with
Nampa & Meridian Irrigation District, Woodside Properties LLC and the
City of Meridian, and authorize the Mayor to sign and City Clerk to
attest.
Thank you for your consideration.
.. Page 1
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this _ day of , 2005, by and
among NA.MP A & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under
and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District",
and
WOODSIDE PROPERTIES, LLC, an Idaho limited liability company,
1282 Braemere Road, Boise, Idaho 83702
party or parties of the second part, hereinafter collectively referred to as the "Licensee",
~ I I N :E ~ ~ :E I Ii:
WHEREAS, Licensee is the owner of real property (burdened with the easement of the District
hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and
by this reference made a part hereof; and,
WHEREAS, the District owns the ditch or canal known as the FINCH LATERAL (aka South
SlouQ:h) (hereinafter referred to as "ditch or canal"), an integral part of the District's irrigation works and
system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain,
and repair the ditch or canal, and access the ditch or canal for those purposes; and,
WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as
shown on Exhibit B attached hereto and by this reference made a part hereof; and,
WHEREAS, Licensee desires a license to approve existing construction or activity or engage in new
construction or activity affecting said ditch or canal or the District's easement in its course across the lands
of the Licensee in the manner and under the terms and conditions hereinafter set forth; and,
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the
District's easement along said ditch or canal in the manner generally described in the "Purpose of License"
attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or
canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be
performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto
and by this reference made a part hereof.
2. This agreement pertains only to the Licensee's modification of said ditch or canal or
encroachment to the District's easement for the purposes and in the manner described herein. The Licensee
shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch
or canal in any manner not described in this agreement without first obtaining the written permission of the
District.
3. Each facility ("facilityll as used in this agreement means any object or thing of any nature
installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be
constructed, instaIled, operated, maintained, and repaired at all times by the Licensee at the cost and expense
of the Licensee.
4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct
its activities within or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation water in the ditch or canal
or the delivery of irrigation water by the District;
an increase in seepage or any other increase in the loss of water fTom the ditch or
canal;
d. the subsidence of soil within or adjacent to the easement;
any other damage to the District's easement and irrigation works.
5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims
for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of
the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the
easement and irrigation works which may be caused by the construction, instaIlation, operation, maintenance,
repair, and any use or condition of any facility.
6. Licensee agrees that the work performed and the materials used in such construction shall
at all times be subject to inspection by the District and the District's engineers, and that final acceptance of
such work shaIl not be made until all such work and materials shaIl have been expressly approved by the
District. Such approval by the District shall not be unreasonably withheld.
7. The District reserves the right, at the Districes option, to remove any facility installed by the
Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which
does not comply with the terms ofthis agreement, and to remove any impediment to the flow of water in said
ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee
agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for
such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the
District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder,
shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the
District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for
such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing
such maintenance, repair or other work except that in cases of emergency the District shall attempt to give
such notice as reasonable under the circumstances. Nothing in this paragraph shaH create or support any
claim of any kind by Licensee or any third party against the District for failure to exercise the options stated
in this paragraph, and Licensee shaH indemnify, hold harmless and defend the District from any claims made
against the District arising out of or relating to the terms of this paragraph except for claims arising solely
out of the negligence of the District.
LICENSE AGREEMENT - Page 2
8. Neither the terms of this agreement, the permission granted by the District to the Licensee,
the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or
performance of any obligations of this agreement, shall be construed or asserted to extend the application
of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other
agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains,
irrigation works and facilities which did not apply to the District's operations and activities prior to and
without execution of this agreement. In the event the District is required to comply with any such
requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement
or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the
District from all costs and liabilities associated with the application of such laws or the assertion of such
jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee
shall cease all activity and remove any facility authorized by this agreement.
9. In addition to all other indemnification provisions herein, Licensee further agrees to
indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense
(including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent
acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and
activities authorized by this agreement.
10. The Licensee agrees that the District shall not be liable for any damages which shall occur
to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the
Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the
District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further
agrees to suspend its use of the said easement area when the use of the easement area is required by the
District for maintenance or repair under this or any other paragraph of this agreement.
11. Licensee shall place no structures, pathways or landscaping of any kind above or within the
District's easement area except as referred to in this agreement or exhibits hereto without the prior written
consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate,
discharge, construct or place any structures, pathways or landscaping within the District easement without
the prior written consent of the District.
12. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully
resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted,
shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party.
13. The parties hereto understand and agree that the District has no right in any respect to impair
the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any
rights in its irrigation works and system incompatible with the uses to which such irrigation works and
system are devoted and dedicated and that this contract shall be at all times construed according to such
principles.
14. Nothing herein contained shall be construed to impair the right of way of the District in the
said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor
shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the
LICENSE AGREEMENT - Page 3
transmission and delivery of irrigation water.
15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms
and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by
the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and
the right of way therefor, which-may impede or restrict the maintenance and operation of such ditch or canal
by the District with its equipment for the maintenance of its said ditch or canal may be removed by the
District.
16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the
District or by the engineers for the District in connection with the preparation of this License Agreement or
in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also
agrees to pay any fees incurred in connection with the recording of this Agreement.
17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription
or adverse possession by the Licensee or any third party against District.
18. This agreement is not intended for the benefit of any third party and is not enforceable by
any third party.
19. If any provision of this agreement is determined by a court of competent jurisdiction to be
invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and
effect.
20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and
feminine genders, the singular number includes the plural, and the plural number includes the singular.
The covenants, conditions and agreements herein contained shall constitute covenants to run with,
and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each
of the parties hereto and on all parties and all persons claiming under them or either of them, and the
advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and
assigns.
NAMP A & MERIDIAN IRRIGATION DISTRICT
By
Its President
ATTEST:
Its Secretary
LICENSE AGREEMENT - Page 4
WOODSIDE PROPERTIES, LLC, an Idaho limited
liability company,
A~~dl1 (M
-. 0 Cj '-
STATE OF IDAHO )
) ss:
County of Canyon )
On this _ day of _' 2005, before me, the undersigned, a Notary Public in
and for said State, personally appeared Monte S. Janicek and Daren R. Coon, known to me to be the
President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation
district that executed the foregoing instrument and acknowledged to me that such irrigation district executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO )
)ss.
County of {(ilL )
cJl! I
On this If!' day of "--/Luu.-/ , 2005, befsu:,e me, the undersigned, a notary
public in and for said' state, personally appeared \ Jpfjf'...JV-{ !/,kt''/..., known to me to be the
i1JtLl1&4/l1a /J~,JJf2/6f WOODSIDE PROPERTIES';" LLC, the entity that executed the foregoing
instrumeht, ~nd acknowledged to me that said entity executed the ~ame.
IN WITNESS WHEREOF, I have hereunto set Land and affixed my official seal, the day
and year in this certificate first above written. .. ~ /_
~""""r.. '\~ U Jt~ J:~ Ytf:--j4-r~
"""~B JOS r.....; Notary Pu~lic for ~ ' :2;;4~, rei .
..,:.....':..:'r:...........J-!tl' .##~ Residing at j";}DJ,.U, 1c:l' :
f <:)l~O'fA~}-", \, My Commission Expires: ~/~/q/
~ * \ _.- ~ i'" j
\. .....PUB~'\ ../0 j
~##,p;-'-1 .......... 'Q ~~....,:;
'#.....r~~II?:.,;~........
LICENSE AGREEMENT - Page 5
..~ 2.2005 5:06PM
&: ASSOCIATES
NO. 127
P.2
,BA.1tL.. "'-OM'. & ...~.. bo..
"PROFESSIONAL ENGINEERS, LAND SURVEYORS & PLANNERS
. 314 BADIOLA. STREET
. CALDWELL, IDAHO 83605
'.rEL:E:l'HONE: (208) 454-0256
EA.X: (lOg) 454-0979
EllIail; rgray@emands.net
FOR: Jeff Wood
JOB NO.: m0703
DATE: October 07, 2004
RE: Vallin Courts Subdivision
PROPERTY DESCRIPTION
A parcel ofland being a portion ofllie NE 1/4 of Section 1, Township 3 North, Range 1 West,
'1~oise Meridian, Ada County Idaho, more particularly described ~ follo'WS:
!tommencing at the NW comer of said NB 1/4, (North 1/4 comer), said comer monum.ented 'lNith. a
round 3 inch diameter brass cap;
Thence S. 00 06' 23" W., a distance of990.00 feet along the westerly boundary of said NE 1/4 to a
point;
Thence S. 89D 20' 35" E., a distanceof20.00 feet parallel with the northerly boundary of said
;NE 1/4 to the POINT OF BEGINNING, said point monumented with a 5/8 inch diameter iron
r;vin;
~bence continuing S. 890 20' 35~' E., a distance of 640.00 feet parallel with the northerly boundary
';~;: said NE 1/4 to a found 5/8 inch diameter iron pin;
';fhence N. 00 06~ 23" E., a distance of 56.60 feet parallel with the westerly boundaty of said
~~E 1/4 to a found 5/8 inch diameter iron pin;
lpence S. 89C1 20) 35~' E., a distance of266.87 ~ (formerly 264 feet), pmallel with the northerly
houndary of said NE 1/4 to the N\V boundary comer of Salisbury Lane Subdivision as on file in
'{3ook 80 of Plats at Pages 8677 and 8678 in the Office of the Recorder of Ada County. Idaho, said
COmer is monumented with. a found 5/8 inch diameter iron pin;
Thence along the westerly boundary of said Salisbury Lane Subdivision, S. OC! 15' 53') W.o a
distance of 381.41 feet, (formerly 381.06 feet)) to the SW boundaty corner of said Salisbury Lane
~ubdivision, said COrner also being the NW boundary COtner ofLansbmy Lane Subdivision as on
;'Ue in Book 64 of Plats at Pages 6499 and 6500 in the Office of the Recorder of Ada CountyJ
~:faho, and is monumeated with a found 5/8 inch diamete:r iron pin;
'~hlence along the Westerly boundaty of said Lansbury Lane Subdivision, S. 00 15' 53" W.) a
~i(';:rrance of350.21 fee~ (formerly 350.19 feet). to the SW boundary comer of said Lansbury Lane
'tbdivision, said corne. monnmOllled with a 5/8 inch diameter iron pin;
,~' Exhibi t A, page 1
i}
~:
2.2005 5: 07PM
& RSSOCIRTES
NO. 127 .... P. 3--- ----
EARr., MAsON & STANPlELD INC.
, TJ}WFESS10NAL ENGINE!!R~ L.4ND SZJ'R~ORS, & PlANNERs
. ;r>ago 2 ofZ
_ illIllin Coum Boundaty
Thence along the southerly boundary of said Lansbury Lane Subdivision" S. 88d 43' 08" E.~ a
distance of29,88 feet to the NW corner of Clearbrook Estates Subdivision as on file in Book 90 of
Plats at Pages 10435 and 10436 in the Office of the Recorder of Ada COlmty, Idaho) said comer
monumented with a 5/8 inch diameter iron pin;
Thence along the westerly boundary of said Clearbrook Estates Subdivision, S. 00 IS" 49" W.) a
distance of296.06 feet., (formerly 296.51 feet) to the SE houndary comer of said Clearbrook
Estates SubdivisioI4 said comer also being the northerly boundary of Waterbury Park No.4
Subdivision as on file in Book 66 of Plats at Pages 6862 and 6863 in the Office of the Recorder of
Ada County) Idaho, and is m,onumented with a 5/8 inch diameter iron pin;
Thence along the northerly boundary of said Waterbury Park No.4 Subdivision the following
;~ourses and distances;
~llence N. 89030' 30') W., a distance of29.02 feet to a 5/8 inch diameter iron pin;
:Thence S. 10 01) 04" W., a distance of 19.86 feet to a point, said point vvi:/nessed N. 10 01' 04" E.,
Jt distance of 19.86 feet with a 5/8 inch diameter irOIl pin;
Thence N. 89~ 13' 3rt w.~ a distance of353.70 feettoapoin~ said point referenced N. 11045' 34"
E., a distance of 40.75 feet with a 5/8 :inch diameter iron pin;
Thence N. 670 15' 21 ~t W., a distance of 157.00 feet to a point, said point referenced N. 190 38' 46"
E., a distance of 20.03 feet with a 5/8 inch diameter iron pin;
illence N. 730 27' 07~ W., a distance of372.40 feet to the NW boundary comer of said Waterbury
Fark No.4 Subdivisio!4 said comer also being the NE boundary comer ofWaterbUIy Park No.5
~~~Jbdivision as on file in Book 73 ofPlau at Pages 7507 and 7508 in the Office oftbe Recorder of
[..ilia County, Idaho, and is refemnced N. 150 08' 02~' E,~ a distance of20.01 feet with a 5/8 inch
f~}lameter iron pin;
~~ce N. 760 16' 49" W.) a distance of 45.04 feet along the northerly boundary of said Waterbury
tlark No.5 Subdivision to a point said point witnessed N. 0006' 23" E., a distance of 41.16 feet
~~ith a 5/8 inch diameter iron pin;
~Thence leaving the northerly boundary of said Waterbury Park No.5 Subdivision, N. OQ 06' 23" E..
a distance of 102.46 feet parallel with the westerly boundary of said NE 1/4 to a 5/8 inch diameter
iron pin;
Thence N. 650 45' 53" W.~ a distance of 5.48 feet to a 5/8 inch diameter iron pin;
Thence N. 0006' 23" E.~ a distanceof714.81 feet parallel with the westerly boundary of said
"$)8 1/4 to the POINT OF BEGINNING.
fn'
?i}is parcel contains 19.94 acres more or less_
{~-f50, this parcel is SUBJECT TO all easements and rights-cf..way of record or irrr~med.
~- Exhibi t A, page 2
~_.- - -~~~~
. Fi~ch lieral (aka Soulh Slough) I
In NE114, 8,1, TJN, R 1\Y, 8,M., I
Ada Co~ Idaho ~gust1994) ~
Exhibi t B
EXHIBIT C
Puroose of License
The purpose of this License Agreement is to permit Licensee to:
1. construct and install a ten foot asphalt pathway within the District's easement;
2. construct and install a chain link fence and wood fence on each side of said pathway and
within the District's easement; and
3. approve of the prior construction and installation of a sewer line across and under the Finch
Lateral and parallel to the Finch Lateral and within the District's easement,
all within or near Licensee's property described in Exhibit A, VaIlin Courts Subdivision, located southwest
of the intersection of Ustick Road and Meridian Road in Meridian, Ada County, Idaho.
EXHIBIT D
Special Conditions
a. Construction shall be in accordance with certain plans consisting of two sheets: sheet 1 of
1 entitled "Vallin Courts Subdivision, Landscape Plan," revisions dated April 26, 2005; and sheet 4 of 20
en ti tled "Vallin Courts Subdivision, Offsite Sewer," bearing engineer's stamp dated January 14, 2005. These
plans have been delivered to the Distrids water superintendent, are in his possession in his offices, and are
hereby incorporated by this reference.
b. Licensee shall notify the water superintendent of the District prior to and immediately after
construction so that he or the District's engineers may inspect and approve construction.
c. The Licensee recognizes and acknowledges that the license granted in this agreement by the
District pertains only to the rights of the District as owner of an easement. The District has no right or power
to create rights in the Licensee affecting the holder of title to the property subject to the District's easement.
Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property.
Should Licensee fail to obtain such rights from the holder oftitIe to the property or should the rights obtained
prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim
by any party arising out of or related to such failure of rights and at the option of the District this agreement
shall be of no force and effect.
d. Licensee represents that Licensee has complied with all federal, state or other laws, rules,
regulations, directives or other requirements in any form regarding environmental matters, as may be
applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee
recognizes its continuing duty to comply with all such requirements that now exist or that may be
implemented or imposed in the future. By executing this agreement the District assumes no responsibility
or liability for any impact upon or degradation of water quality or the environment resulting from the
discharge or other activity by Licensee which is the subject of this agreement.
e. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all
penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity,
public or private, with respect to environmental matters relating to the subject matter, terms or performance
LICENSE AGREEMENT - Page 6
of this agreement unless the District shall be solely responsible for the condition or activity which gives rise
to any such penalty, sanction, directive, claim, action or requirement.
f. In the event the District is required by any governmental authority to acquire or comply with
any permit or other operational requirements associated with Licensee's activity which is the subject of this
agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities
associated with such permit and other requirements, including but not limited to all costs associated with all
permit acquisition, construction, monitoring, treatment, administrative, filing and other req uirements.
g. The parties to this agreement recognize this license agreement is an accommodation to
Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either
express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants
to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any
other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental
environmental agencies.
h. The pathway constructed by Licensee within the District's easement, and permitted by this
Agreement, shall be operated and maintained by the City of Meridian. An express condition of this
Agreement, and the District permitting said pathway within its easement, is that the City of Meridian enter
an Agreement with the District in which it assumes operation, control and maintenance of the pathway. If
the City of Meridian declines to accept the pathway and enter into said Agreement then said pathway is no
longer authorized within the District's easement.
i. The fence to the south of the pathway shall be chain link. The following shall apply if
either of the fences are now or in the future in whole or in part constructed of wood or plastic: Because of
the location of the fence and the fact that the fence will be constructed wholly or partly of wood or plastic,
the District shall not be responsible for weed control in the area of the fence and gates. Without affecting
the foregoing exemption of the District from weed control obligations, Licensee hereby indemnifies, holds
harmless and shall defend the District from any claims for damages to said fence because of weed-burning
except where the District intentionally burns the fence or is guilty of gross negligence in burning the fence.
j. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or
landscaping within the District's easement, nor perform any construction or activity within the District's
easement for the Finch Lateral except as referred to in this agreement or exhibits thereto without the prior
written consent of the District. The District's easement for the Finch Lateral is 80 feet, 40 feet to either side
of the centerline.
k. Construction shall be completed not later than one year from the date of this agreement.
Time is of the essence.
LICENSE AGREEMENT - Page 7
June 17,2005
MERIDIAN CITY COUNCIL MEETING June 21,2005
APPLICANT ITEM NO. 5-1<
REQUEST Streetlight Agreement for Settlement Bridge No.2
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: See attached
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POUCE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT: ~
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OfFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials prelllmted at public meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
JUN 1 2005
City Of Meridian
City Clerk Office
To: Mayor De Weerd & City Council
From: Karie Glenn
cc: File
Date: 6/13/2005
Re: Proposed Agenda Items for 6/21/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
6/21/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Streetliaht Aareement for Settlement Sridae #2.
Typical Streetlight Agreement.
Recommended Council Action: Approve the Streetlight Agreement for
Settlement Bridge #2 and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
Jun 09 2005 4:28PM CAPITAL DEVELOPMENT
Mil)',tO. iuun fJ:HAM (
20R3753271 p.2
( No.4404 P. 2
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into bc;tween the CITY OF 1vfER.IDIAN
and CaDitol Development pertaining to the street lights in Settlement Bridge #2, a residential
development in Meridianj Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged. the
parties agree as follows:
L Capitol DeveloDment has provided Sea. Sin~le head street light poles, concrete pole
bases, fixtures,' bulbs, and c()JDpoJlents to the rcsid~tiaI development known as
Settlement Bridl!e #2 in Meridian, Idaho. The parties acknowledg.e tha.t the Sea. Sinele
head street light poles and appurtenances were specially ordered items. not customarily
used in residential developments in Meridian. Idaho.
2. Cavito) Developmern, or it's assigns, agree to replace, repair and provide any required
maintenance of any of the above mentioned street lights, and/or appurtenances thereof,
that may hereafter be broken. damaged, or deteriorated, or require maintenance, at its
own expense; and it is further agreed t.hat CRolt.ol DoveloDmcnt or its heirs. successors
and assigns> shall keep the ligbts operational at all times, it being understood by the City
that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to
replace them.
3. It is agreed that the City of Meridian authorize and pay for the electrical service to be
mpplied to the Sea. Sin~le bead street lights located in Settlement Bride-e #2 in the usual
and custonuuy manner.
4. It is 8gTeed that the City of Meridian. because Idaho Power Company will not maintain
the bulbs and baJIast or provide any maintenance. will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schedule 41 Agreement. whjch in
proper cases provide that Idaho Power Company would provide maintenance, bulbs. and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the "fail off"1 type.
5. It is understood and agreed that C~J De'VeloDrnent will a5sign its rights and
obligations hereunder to when said Homeowners Association is formed and operational.
STREET LIGHT AGREE~NT
Page 1
Jun 09 2005 4:28PM CAPITAL DEVELOPMENT
1I'1a)".LO. LUU:> II:HAM (
2083753271 p.3
( No.4404 p. 3
This AGREEMENT ahaU be binding on Capitol Dcveloomenl its heirs, successors and
assigns. and the CITY OF MERIDIAN.
Dated this
day of
.20_,
CITY OF MERIDIAN, a municipality and
Political subdivision oftbe State of Idaho
By
Mayor. De Weerd
ATTEST:
WjJliam G, Berg, Jr.. City Clerk
:By
ATTEST;
~~. tf~
Seor
STREET LIGHT AGREEMENT
:Page 2
Jun 09 2005 4;28PM CAPITAL DEVELOPMENT
IYI~I'LD. tUUO [[:J4AM (
20A3753271 p.4
No.4404 p. 4
STArE OF IDAH07 )
ss.
Cou nty of Ada,
On this _ day: of . 20 -.---....l' before mej the undersigned, a Notary
.PubJic in and for said State, personally appeared Mayor DE WEBRD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk aCthe CITY OF MERIDIAN7 Idaho) and who
executed the within instroment, and acknowledged to me that the City of Meridian executed the
same.
IN WITNEss WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above 'Written.
SEAL
NOTARY PUBLIC FOR IDAHO
ReSIDING AT
MY COM:Mrs S ION EXPIRBS
STATE OF
,)
,)
: as.
COWlty of
On this ~day of ~V\e". 20.Q5..., before me, the undersigned, a Notary Public
in and for said State, personally appeared ~I'Yi(''ln \1(",(~Ct~ and
ffi:o.~\f""" ~,r~Q~ known to me to be the PreSIdent and Secretary of
'fl' j') IP 1'\1 r.+. ", and who executed the within instrument on behalf of said
corporation, and acknowledged to me that said 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.
1r~"-"'~-'-"'" ""~"'K_ .--.~~
j lU~~:~~~L~ ~.1
f . ,<. ;;;;d;
~;. fYLulA>I
NOT Y PUBLIC FOR IDAHO
RES INO AT 'NJ\~:iC , In
MY COMMISSION EXPIRES
SEAL
MY COMMISSION EXPiRES
May 13, 2010
I!ONIlI>O TEIH.1 NUT A]n' l'UBLIC m.'tmRWRlTERS
STREET LlGHl' AGREE:MENT
Page 3
June 17,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 21, 2005
ITEM NO.
5-L
REQUEST Agreement for Hookup to Services, outside of City Limits for Mr. David Purnell
5930 North Locust Grove Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
~~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeting' shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
JUN t 6 2005
To: Mayor De Weerd & City Council
From: Karie Glenn
City Of Meridian
City Clerk Office
cc: File
Date: 6/15/2005
Re: Proposed Agenda Items for 6/21/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
6/21/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Aareement for Hookup to Services outside Citv Limits for Mr David R Purnell
(5930 N Locust Grove Rd).
This property is a one acre parcel with a single family residence. Mr Pumell has
signed the agreement to annex once his property is contigous to city limits and has
paid the applicable connection fees.
Recommended Council Action: Approve the Agreement for Hookup to
Services, outside City Limits for Mr David R Purnell (5930 N Locust Grove
Rd) and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
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RECEIVED
JUN 1 4 2005
City of Meridian
Public Works Director
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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/W ATER
SYSTEM OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this \5 day of Ai '''f' ^ ,
2005, by and between CITY OF MERIDIAN, a Municipal corporation of the St~
hereinafter referred to as "CITY", and David R Purnell, as hereinafter defined and hereinafter
referred to as "SEWERlWATER USER".
1.
RECITALS:
1.1 WHEREAS, "SewerlWater User" is the sole owner, in law and/or in
equity of certain tract ofland in the County of Ada, State ofIdaho,
described in Exhibit "A", which is attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as the
"Property"; and
1.2 WHEREAS, Idaho Code 950-323, provides and empowers c.ities to
establish, create, develop, maintain and operate SewerlWater systems; and
1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water
system; and
1.4 WHEREAS, the "City" has enacted an' ordinance governing its
SewerlWater system codified in Meridian City Code 9 9-4-26 and 9-1-16;
and
1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property"
hereinafter described which is presently located outside of the city limits
of the "City"; and
1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection
to the Sewerl\Vater to serve the "Real Property" and the '''City'' is willing
to provide that connection to the Sewer/Water service to the "SewerlWater
User" subject to the terms and conditions and consideration of this
agreement, and it is specifically agreed that as a specific consideration of
the "City's" willingness to enter into this agreement that the "City's"
"Ordinanc~" and "PolicylRegulaticins" which govern its SewerlWater
system be included as terms and conditions of this agreement and that the
"SewerlWater User" provide perpetual consent to annexation of the "Real
Property" in to the "City".
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
- 1
2.
DEFINITIONS:
For all purposes of this agreement the following words, tenns, and pbrases herein
contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
2.1 "City": means and refers to the City of Meridian, County of Ada, State of
Idaho.
2.2 "Sewer/\Vater User": means and shall refer to and/or the person who is
the owner of the real property.
2.3 "Real Property": means and shall refer to certain parcel(s) of real
property located in the County of Ada, City of Meridian as described in
Exhibit "A", attached hereto and by this reference incorporated herein as if
set forth at length together with. improvements thereon.
2.4 "Ordinance": means and shall refer to the City=s ordinances that
appertain to the regulation and control and use of its SewerlW ater system
presently at Meridian City Code ~ 9-4-26 and 9-1-16, and this definition
specifically includes any prospective amendments and/or recodifications
to said ordinance or any parts thereof, and shall also refer to any other
ordinance of the City of Meridian governing the "SewerlWater System".
2.5 "PolicylRegulations": means and shall refer to any City Council enacted
policy and/or regulation of its SewerlWater system.
2.6 "SewerlWater System": means and shall refer to the City=s SewerlWater
system.
NOW THEREFORE, in consideration ofthe covenants and conditions set forth
herein, the parties agree as follows:
3.
INCORPORATION OF RECITALS:
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
4.
PROVISION OF SEWERiWATER HOOKUP SERVICE:
The "City" agrees to provide a connection to the "SewerlWater System" to service
the "Real Property" subject to the terms and conditions ofthis Agreement.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-2
5.
CONDITIONS AND REQUIREMENTS OF SEWERl\VATER USER FOR
THE HOOKUP OF THE SEWERI\V ATER LINE TO THE REAL
PROPERTY:
The hookup and assessment costs relative to the "SewerlWater System"
connection shall be. the responsibility of the "SeweriWater User".
Additionally, the "SewerlWater User" shall be required to hook up to the City
water service by August 2,2005.
6.
ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the SewerlWater service and
connection and are herein incorporated as specific terms of this agreement and at such time or
times as the "Ordinance" and/or "PolicylRegulations" is/are amended or recodified, this
agreement is automatically amended in accordance therewith. '
7.
ANNEXATION:
At such tim~ as the real property becomes legally eligible for annexation into the
"City", the "SewerlWater User" herein gives consent to such annexation, agrees to pay the
annexation application fee, agrees to apply for annexation, and diligently pursue annexation into
the City. This provision of this Agreement is a written request and application for such
annexation in accordance with LC. S 50-222 or any amendments or recodification of said statute.
8.
HOOKUP AND SERVICE FEES:
The charges for hookup, inspection, and service fees shall be in accordance with
the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real
properties outside of the city limits.
9.
REQUIREMENT FOR RECORDATION:
"City" shall record either a memorandum of this Agreement or this Agreement,
including all of the Exhibits, at "SewerlW ater User" cost, and submit proof of such recording to
"SewerlWater User".
10. DEFAULT:
Any failure to perform the terms and conditions of this agreement shall be a
default.
11. REMEDIES:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-3
11.1 This Agreement shall be enforceable in any court of competent jurisdiction
by either "City" or "SeweflWater User", or by any successor or successors
in title or by the assigns of the parties hereto. Enforcement may be sought
by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein. In addition, remedies available to the City include but
are not limited to, termination of SewerlWater service to all users located
on the real property covered by tbis agreement
11.2 In the event of a default, written Notice of Default shall be served and
defaultingparty shall then have thirty (30) days after delivery of notice of
default to correct the same before the non-defaulting party may seek any
remedy provided for herein.
11.3 In the event the performance of any covenant to be performed hereunder
by either "SewerlWater User" or "City" is delayed for causes wbich are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
12. NOTICES:
12.1 Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage
prepaid, return receipt requested, addressed as follows:
CITY:
c/o Meridian City Engineer
City of Meridian
200 E. Carlton, Suite #101
Meridian, Idaho 83642
PROPERTY OWNER:
David R Purnell
5930 N Locust Grove
Meridian ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
12.2 A party shall have the right to change their address by delivering to the
AGREEMENT FOR HOOKUP TO THE CITY OF MERlDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-4
other party a written notification thereof in accordance with the
requirements of this section.
13. ATTORNEY FEES:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This 'provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
14. TIME IS OF THE ESSENCE:
The parties hereto 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 other party so failing to perform.
15. BINDING UPON SUCCESSORS:
This Agreement shall be binding upon and inure to the benefit ofthe parties'
respective heirs, successors, assigns and personal representatives, including "City's" corporate
authorities and their successors in office. This Agreement shall be binding on the owner of the
property, each subsequent owner and each other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefitted and bound by the conditions and restrictions herein
expressed.
16. INVALID PROVISION:
. If any provision of this Agreement is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof
shall not affect any of the other provisions contained herein.
17. FINAL AGREEMENT:
This Agreement sets forth all promises, inducements, agreements, condition and
understandings between "Sewer/Water User" and "City''- relative to the subject matter hereof, and
there are no promises, agreements, conditions or understanding, either oral or written, express or
implied,- between "Sewer/W ater User" and "City", other than as are stated herein. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to "City", a duly
adopted resolution of "City".
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWERjW ATER SYSTEM OUTSIDE THE CITY LIMITS
-5
~ 18. TERMINATION:
At such time as the "Real Property" is annexed into the City@ this agreement
shall terminate except for any default that exists at such time shall still be enforceable pursuant to
the terms of this agreement.
19. EFFECTIVE DATE:
Agreement.
This Agreement shall be effective at such time as both parties have executed this
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
Property Owner
o/~ Ra~e4/
David R Purnell
CITY OF MERIDIAN
By:
MAYOR TAMMY DE WEERD
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
BY RESOLUTION NO.
AGREEMENT FOR HOOKUP TO THE CITY OF MERlDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-6
SATE OF IDAHO,
: ss.
County of Ada)
On this -15- day of , in the year 2005, before me, the
undersigned, a Notary Public, personally a peared, DAVID R PURNELL, mown or identified to
me to be the President, respectively, of the , who executed the instrument or the person that
executed the instrument on behalf of said corporation, and aclmowledged to me that such
corporation execuMt~~. ~e~~.e~.
.~ / ~~~REOF, I have hereunto set my hand and affixed my official
seal, the day il6Y.e0 Sl6e'rtifi<e first above written.
:~!/;!f \ ~' (1~
(SEAL) :! J : ~\ L ~
~ \ '/0. otmy PUbl~ Idabo
... "..l'ffit!J~~$." Residing at: \ A W'o...., ~~.
..~~TE--otJ!... My Commission Expires: V\ - . 9
.........
STATE OF IDAHO,
: ss.
County of Ada
On this _ day of , in the year 2005, before me, the
undersigned, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G.
BERG, JR., lmown or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the persons that executed the instrument on behalf of
said City, and aclmowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-7
June 17,2005
MERIDIAN CITY COUNCIL MEETING June 21,2005
APPLICANT ITEM NO. 5-Q
REQUEST Approve Bills
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT: ~
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meeUngs shall become property of the City of Meridian.
June 17,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 21 , 2005
ITEM NO.
5-0
REQUEST Water Main Easement for Direct Buy (2,535sqf easement)
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DE?T:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
/~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
City of Meridian '
Public Works Dept.
Mem
JUN U 7 2005
City Of Meridian
City Clerk Office
To: Mayor De Weerd & City Council
From: Karie Glenn
cc: File
Date: 6/15/2005
Re: Proposed Agenda Items for 6/21/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
6/21/05 City Council agenda, on the Consent Agenda, for Council's consideration:
,.;f 1)
Water Main Easement for Direct Buy (2 535saf easement).
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Direct
Buy (2,535sqf easement) and authorize the Mayor to sign and City Clerk to
attest.
2) Water Main Easement for Direct Buy (3 649saf easement).
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Direct
Buy (3,649sqf easement) and authorize the Mayor to sign and City Clerk to
attest.
Thank you for your consideration.
. Page 1
WATER MAIN EASEl\1ENT
TillS INDENTURE, made this &} f7f day OCk AI6 , 2005 between BURTON O.
WEST, JR. AND KIMBERLY R. HOLMES-WEST, husband and wife, 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 for the construction, operation, maintenance, repair,
replacement of a water main over and across the following described property:
SEE A TT ACHED EXHffiIT A and B
The easement hereby granted is for the purpose of construction and operation of a water line and
their allied facilities, together with their maintenance, additional connection thereto, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities at
any and all times.
TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
after construction, making repairs, performing other maintenance or making subsequent
connection to the water line, Grantee shall restore the area of the easement and adjacent property
to that existent prior to undertaking such construction, repairs and maintenance. However,
Grantee shall not be responsible for repairing, replacing or restoring anything placed within the
area described in this easement that was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
Water Main Easement
Direct Buy and City of Meridian
X:\Projects\B enchmark\2607\Admin\LegaIs\ Water Main_Esmc Conveyance.doc
Page 1 of3
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.
GRANTOR:
BURTON O. WEST, JR.
.p ~~(\
J~v. tt:: ~, \J ,. . -->\\
STATE OF IDAHO )
) ss
Cou.nty of Ada )
On this ~ day of VZ;..A )6 , 2005, before me, the undersigned, a Notary
Public in and for said State, personally appeared Burton O. West, Jr. and Kimberly R. Holmes-
West, husband and wife, known or identified to me to be the persons that executed the within
instrument, and acknowledged to me that they executed the same.
(SEAL)
t" ,'.....,"l
,t"~~ lA. ell..., ""'"
l~~:...""""''!:~;\
!J! ~OTAJty ')~\
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Water Main Easement
Direct Buy and City of Meridian
X:\Proj ects\Benchmark\2607\Admin\Legals\W ater Main_EsmcConveyance.doc
Page2of3
GRANTEE:
CITY OF :MERIDIAN
T AI\.1MY DE VYEERD - Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO )
) ss
County of Ada )
On this _day of , 2005, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY de VYEERD and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN" WITNESS WBEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires:
Water Main Easement
Direct Buy and City of Meridian
X:\Projects\B enchmark\2607\Admin\Legals\ Water Main_EsmcConveyance.doc
Page 3 of3
(
'Roylance & Associates P .A.
391 W. State Street, Suite E, Eagle, Idaho 83616
Engineers · Surveyors · Landplanners
Telephone (208) 939-2824 Fax (208) 939-2855
June 8, 2005
Project No. 2607
Exhibit "A"
Legal Description
DirectB u y
20' Wide Water Main Easement
2,535 Square Feet
An easement for the purpose of accessing and maintaining water facilities located in a portion of Lot 6,
Block 2, Troutner Park Subdivision (a recorded subdivision on file in Book 75 of Plats, at pages 7762
through 7764, inclusive, records of Ada County, Idaho), situated in a portion of the Northeast One
Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian,
Ada County, Idaho,
described as follows:
Commencing at a 5/8-inch steel pin monumenting the Northwest Comer of said Lot 6 on the easterly right-of-
way of Southwest 5th Avenue, thence following said easterly right-of-way South 22009'42" West a distance of
43.04 feet to the POINT OF BEGINNING.
Thence leaving said easterly right-of-way South 59055'40" East a distance of 92.67 feet to a point;
Thence North 30004'20" East a distance of 15.49 feet to a point;
Thence South 59055'40" East a distance of 20.00 feet to a point;
Thence South 30004'20" West a distance of 35.49 feet to a point;
Thence North 59055'40" West a distance of 109.89 feet to a point on the easterly right-of-way of
Southwest 5th Avenue;
Thence following said easterly right-of-way North 22009'42" East a distance of 20.19 feet to the
POINT OF BEGINNING.
The above-described easement contains 2,535 square feet, more or less, subject to all existing easements and
rights-of-way.
Prepared By: ROYLANCE & ASSOCIATES P.A.
391 W. STATE STREET, SUITEE
EAGLE, IDAHO 83616
208-939-2824
208-939-2855 (FAX)
G:,,-2-OS
X :\ProjeclS\Benchmark\2607\Admin\Legals\ Waler Easement No.] .doc
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June 17,2005
MERIDIAN CITY COUNCIL MEETING June 21,2005
APPLICANT ITEM NO. 5-P
REQUEST Water Main Easement for Direct Buy (3,649sqf easement)
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: See attached
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING OEPT:
CITY WATER OEPT:
CITY SEWER DEPT: ~
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at publiC:: meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
Memo
JUN 0 7 2005
City Of Meridian
City Clerk Office
To: Mayor De Weerd & City Council
From: Karie Glenn
cc: File
Date: 6/15/2005
Re: Proposed Agenda Items for 6/21/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
6/21/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for Direct Buv (2 535saf easement).
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Direct
Buy (2,535sqf easement) and authorize the Mayor to sign and City Clerk to
attest.
,~ 2)
Water Main Easement for Direct Buv (3 649saf easement).
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for Direct
Buy (3,649sqf easement) and authorize the Mayor to sign and City Clerk to
attest.
Thank you for your consideration.
. Page 1
i 1
WATER MAIN EASEJ\1ENT
THIS INDENTURE, made this 7' nf day of ..... ~ , 2005 between BURTON O.
WEST, JR. AND KIMBERLY R. HOLMES-WEST, husband and wife, 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 for the construction, operation, maintenance, repair,
replacement of a water main over and across the following described property:
SEE ATTACHED EXHIBIT A and B
The easement hereby granted is for the purpose of construction and operation of a water line and
their allied facilities, together with their maintenance, additional connection thereto, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities at
any and all times.
TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
after construction, making repairs, performing other maintenance or making subsequent
connection to the water line, Grantee shall restore the area of the easement and adjacent property
to that existent prior to undertaking such construction, repairs and maintenance. However,
Grantee shall not be responsible for repairing, replacing or restoring anything placed within the
area described in this easement that was placed there in violation of this easement
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
Water Main Easement
Direct Buy and City of Meridian
X:\Projects\Benchmark\2607\Admin\Legals\W ater Main_EsmcConveyance.doc
Page 1 of3
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.
GRANTOR:
IN" WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
BURTON O. VlEST, JR.
B..,",k~,lJ",,~
oUvrns- WEST
STATE OF IDAHO )
) ss
County of Ada ).~
On this ~ day of ~A I )(-7 , 2005, before me, the undersigned, a Notary
Public in and for said State, personally appeared Burton O. West, Jr. and Kimberly R. Holmes-
West, husband and wife, known or identified to me to be the persons that executed the within
instrument, and acknowledged to me that they executed the same.
IN" WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
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Water Main Easement
Direct Buy and City of Meridian
X:\Projects\Benchmark\2607\Admin\Legals\Water Main_Esmc Conveyance.doc
Page 2 on
GRANTEE:
CITY OF MERIDIAN
T AlvIMY DE WEERD - Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO )
) ss
County of Ada )
On this _day of ,2005, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires:
Water Main Easement
Direct Buy and City of Meridian
X:\Projects\Benchmark\2607\Admin\Legals\ Water Main_Esmc Conveyance. doc
Page 3 of3
RoylEu;ce & Associatl~ P .A.
391 W. State Street, Suite E, Eagle, Idaho 83616
.eers . Surveyors · Landplanners
Telephone (208) 939-2824 Fax (208) 939-2855
June 8, 2005
Project No. 2607
Exhibit "A"
Legal Description
DirectB u y
20' Wide Water Main Easement
3,649 Square Feet
An easement for the purpose of accessing and maintaining water facilities located in a portion of Lot 6,
Block 2, Troutner Park Subdivision (a recorded subdivision on file in Book 75 of Plats, at pages 7762
through 7764, inclusive, records of Ada County, Idaho), situated in a portion of the Northeast One Quarter
of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho,
described as follows:
Commencing at a point at the Southwest Comer of said Lot 6 from which a 5/8-inch steel pin witness comer lies
South 89029'59 East a distance of 2.00 feet on the easterly right-of-way of Southwest 5th Avenue and said point
being the POINT OF BEGINNJNG.
Thence following said easterly right-of-way North 00034'13" East a distance of 20.00 feet to a point;
Thence leaving said easterly right-of-way South 89029'59" East a distance of 182.42 feet to a point;
Thence South 00020'38" West a distance of 20.00 feet to a point;
Thence North 89029'59" West a distance of 182.50 feet to the POINT OF BEGINNING.
The above-described easement contains 3,649 square feet, more or less, subject to all existing easements and
rights-of-way.
Prepared By: ROYLANCE & ASSOCIATES P.A.
391 W. STATE STREET, SUITEE
. EAGLE, IDAHO 83616 .
208-939-2824
208-939-2855 (PAX)
c - ~-O~,
X:\Projects\Benchmark\1607\Admin\Legals\Water Easement No. 2.doc
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June 17,2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 21, 2005
ITEM NO.
13
REQUEST Public Hearing - Status of Funds for Meridian Area Senior Citizen Center
AGENCY COMMENTS
CITY CLERK: See attached
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meelings shall bec::ome property of the City of Meridian.
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
STATUS OF FUNDS
The City of Meridian, Idaho on behalf of the Meridian Area Senior Center,
applied for and received an Idaho Community Development Block grant (ICDBG)
in the amount of $100,000. The ICDBG funds, along with matching local
resources, have been dedicated to the provision of improvements to restrooms, a
clean and safe kitchen area, and safe entrances and exits.
A public hearing has been scheduled before the City of Meridian City
Council at 7:00 p_m. on Tuesday, June 21, 2005 at the Meridian City Hall
located at 33 East Idaho Avenue, Meridian, Idaho. This facility is accessible to
persons with disabilities. Persons with disabilities needing reasonable
accommodations in order to attend will be provided upon advance request to Will
Berg, at the City of Meridian's City Clerk's Office by calling (208) 888-4433.
Any and all interest persons shall be heard at said public hearing, and the
public is welcome and invited to submit testimony. Oral testimony may be limited
to three (3) minutes per person_ Written materials and comments may be
submitted and accepted up to five (5) days after the initial hearing. All materials
presented at public meetings shall become property of the City of Meridian.
The public hearing will include a review of project activities and
accomplishments to date; a summary of all expenditures to date; a general
description of the remaining work; and any changes made to the scope of work,
budget, schedule, locations, objectives, and/or beneficiaries.
Published June 13 and 20, 2005
CITY OF MERIDIAN
PUBLIC HEARING
SIGN..UP SHEET
June 21, 2005
ITEM #
13
DATE
PROJECT NUMBER
PROJECT NAME
Status of Funds for Meridian Senior Center
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
III en-- 'r 4 !.eC-i / -{ c?7' a..... V/
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cr-ZGL[}...L.5.~ ~ l/-.A...lv\0:. <:::;w-,
RECEIVED
JUN 2 1 2005
g~ty of Meri<!!!ill
.,..
RECEIVED
JUN 2 1 2005
MERIDIAN SENIOR CENTER REHABILITATION PROJECT
PUBLIC HEARING
Tuesday June 21, 2005
7:00 p.m.
Meridian City Hall
The City of Meridian applied for and received an Idaho Community Development Block Grant
in the amount of $100,000. These funds are being utilized to help upgrade the Meridian
Senior Center kitchen, restrooms, and accessibility.
City of Meridian
City Clerk Office
Proiect Activities to Date:
Total Project Cost: $171,603
ICDBG ;:;;; $100,000
Local Match;:;;; $71,603
Total Funds Spent to Date: ICDBG;:;;; $17,812(18%)
Balance of ICDBG Funds Available;:;;; $82,188(82%)
Percentage of Construction Completed ;:;;; 50%
Activities Completed to Date:
~ Handicap accessible ramps have been installed. Temporary railings are up, but the
final metal railings are expected to be installed in the very near future.
);> The door frame on the south side of the building has been completed, but the door
hasn't been installed due to a time delay in receiving the ordered materials
~ Demolition of the bathrooms has been completed.
);> Sawcutting is 100% complete
Activities to be completed:
);> Kitchen renovation is to be started in the next week
~ Bathroom renovation is 30% complete
~ Concrete excavation is 90% complete
~ Selective demolition is 40% complete
~ Epoxy and rebar is 20% complete
~ Electrical, mechanical, plumbing, and fire sprinklers have not started.
Projected Date of Substantial Completion: July 21, 2005.
Written comments wit! be accepted for five (5) days after this public hearing.
CHANGES IN THE PROJECT BUDGET, PERFORMANCE TARGETS, ACTIVITY
SCHEDULES, PROJECT SCOPE, LOCATION, OBJECTIVES, OR BENEIFICARES:
Amendments have been made to the project scope of work and budget. These cost
amendments are within the resources available to the project and do not result in
substantive changes to the budget, targets, schedule, scope, objectives, or beneficiaries of
the project. {i~~~;;,~~-~'~
PUBLIC COMMENT: Based upon the preceding presentation, the ' , City Council
will open the public hearing portion of this meeting and request testimony and/or comments
on the project as described. Minutes of this public hearing will be prepared by the City
Clerk and made available for public review. Following the receipt of any public testimony
and/or comments, or response to any questions, a recommendation will be made that the
Mayor closes the public hearing.
Written comments will be accepted for five (5) days after this public hearing.
June 17,2005
MERIDIAN CITY COUNCil MEETING
June 21, 2005
APPLICANT ITEM NO. 19
REQUEST Use of Public or Private Property as Throughway Street
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
COMMENTS
See attached
(.}o
1/\\
o
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
ORDINANCE NO. tJ b -II S 6
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
MERIDIAN CITY CODE MAKING IT UNLAWFUL TO USE PUBLIC OR
PRIVATE AN ORDINANCE ENACTING A NEW TITLE 7, CHAPTER 1, SECTION
11, PROPERTY AS A THROUGHWAY STREET; AND PROVIDlNG FOR A
WAIVER OF THE READlNG RULES AND PROVIDlNG AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1: That Title 7, Chapter 1, Section 10, Meridian City Code is hereby enacted
to read as follows:
7-1-11
USE OF PUBLIC OR PRIVATE PROPERTY AS A THROUGHWAY
A. It shall be unlawful for the operator of any motor vehicle to drive upon or use any
public or private real property as a throughway to bypass an intersection controlled by
a stop sign or traffic control signal.
B. It shall be prima facie evidence of a violation of subsection (A) for an operator of a
motor vehicle to enter public or private real property from a highway or street and
immediately thereafter exit the same property without stopping or slowing before re-
entering an adjoining highway or street.
C. It is not a violation of this ordinance to use any public or private street as allowed by
law.
Section 2: 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.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
this 215p day of ~/ 6Vh..L , 2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
2/t? day of \T ~ .2005.
Page 1 of 1
A TryST:
JdL-~
CITY CLERK
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for a Conditional Use Permit for the addition of a gymnasium
and commons area to an existing junior/senior high school for Cole Valley Christian
School, in the L-Q Zone, by CT A Architects Engineers.
Case No(s). CUP-05-021
For the City Council Hearing Date of: June 21, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code 967-
6509.
The matter was duly considered by the City Council at the June 21, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation for approval to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code 9S 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-05-021 - PAGE] of4
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) ofrecord at the time of issuance ofthese
findings is Cole Community Church, Inc.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit D for the findings required for the application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
9 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
March 14, 2005 as shown in Exhibit B and the Conditions of Approval in Exhibit C.
The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's CUP Site Plan is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-05-021 - PAGE 2 of4
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless othelWise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Site Plan March 14, 2005
Exhibit C: Final Conditions of Approval
CITY OF MERIDIAN FINDrNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-05-02 I - PAGE 3 of 4
Exhibit D: Conditional Use Pennit Findings
By action ofthe City Council at its regular meeting held on the
rl~ ,2005.
2/ $'7 day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~ A--
VOTED~t<-
VOTED -fli-~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED--===-
and City Attorney.
ByJua~ ~~IM
ity Clerk's Office
Dated: L~ - ;;2 R -(h
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S),CUP-05-021 - PAGE 4 of 4
EXHIBIT A
Cole Valley Christian School
CUP-05-021
Legal Description
FOR VAWE RECEIVED
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Lot. t, J And 4111 Dlock I or SCHOOl.- PLAZASUDDIVISION NO. I, accordIng to tbo offida. plot
thoreor, moo In 800k 64 of ['lots at Pagees) 651.11 aod 6501, reeords or Ada County, I""ho.
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EXHIBIT B
Cole Valley Christian School
CUP-05-021
Approved Site Plan
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EXHIBIT C
Cole Valley Christian School
CUP-05-021
Conditions of Approval
SITE SPECIFIC CONDITIONS OF APPROVAL
1. The building and site improvements shall be constructed per the approved plans
with all modifications required by this application.
2. The variance submitted by the applicant for a reduction in the number of required
parking spaces (VAR-05-007) must be approved by the City Council prior to
issuance of this Conditional Use Permit. The Variance application will be heard
concurrently with this application by City Council.
3. The applicant shall be required, prior to CZC approval, to coordinate with the
Meridian Planning and Zoning Department to obtain Alternative Compliance
approval for the required land use buffer on the north boundary of the property.
4. The applicant shall revise the plans to add planter islands which meet the
requirements of Meridian City Code to eliminate any instances of more than
twelve (12) spaces in a row in the following locations: on the north end of the
parking lot; adjacent to the proposed gymnasium; and adjacent to N.E. 2 IS. Street.
5. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
6. Sanitary sewer and water service are readily available to this site. The applicant
shall be responsible to construct any mains necessary to serve this development.
The applicants engineer to coordinate main sizing and routing with the Public
Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service. Cover over sanitary
sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If
cover is less than 3-feet from sub-grade to top of pipe, alternate pipe materials
shall be used per the Meridian Public Works Department's Standard
Specifications.
STANDARD CONDITIONS OF APPROVAL
I. Meridian City Code requires that this site be served with an automatic
underground irrigation system. Use of non-potable irrigation water is required
when determined to be available by the City Public Works Department as
regulated by City Ordinance 9-1-28.
2. This conditional use permit shall be subject to the expiration provisions set forth
inMCC 11-17-4.B.
3. All standard parking stalls shall be at least 9 feet wide and 19 feet long and all
compact stalls shall be at least 7 Y2 feet wide and 15 feet long per Ordinance 1]-
13-4.F. All drive aisles shall be at least 25 feet wide.
4. All parking areas and drive aisles shall be paved for all uses, in compliance with
the submitted plans. Handicap parking spaces shall be signed and striped in
compliance with Federal accessibility guidelines.
5. All exterior lighting, whether attached to the building or located within the
parking lot, shall be down-shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of-way. All parking lot lighting shall
be in accordance with Ordinance 11-13-4C.
6. All signage shall be in accordance with the standards set forth in this report and
Section 11-14 of the City Zoning and Development Ordinance. All signage shall
require separate sign permit(s).
7. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
8. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the
fonn of a letter of credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation). A bid
must accompany any request for temporary occupancy.
9. Street signs are to be in place, water system shall be approved and activated,
fencing shall be installed, drainage lots constructed, road base shall be approved
by the Ada County Highway District, and the Final Plat for this subdivision shall
be recorded, prior to applying for building permits.
10. A letter of credit or cash surety in the amount of 110% will be required for all
uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary
sewer, water, etc., prior to signature on the final plat.
11. All development improvements, including but not limited to sewer, fencing,
micro-paths, pressurized irrigation and landscaping shall be installed and
approved prior to obtaining certificates of occupancy.
12. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior
to signature on the final plat per Resolution 02-374.
13. It shall be the responsibility of the applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
14. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Envirorunental Protection Agency.
15. Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers.
16. All grading of the site shall be performed in conformance with MCC 11-12-3H.
17. Compaction test results shall be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
18. Any existing domestic wells and/or septic systems within this project shall be
removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
19. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by
the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works
Department. Iflateral users association approval can't be obtained, plans shall be
reviewed and approved by the meridian City Engineer prior to final plat signature.
20. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 100-year storm events, and
for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass
seed (or other approved landscaping) shall not count towards the required open
space area. The project engineer should pay close attention to the results of field
studies determining the groundwater, soil type and characteristics during the
design and construction phases
21. One hundred watt, high-pressure sodium streetlights shall be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after power designs
are completed by Idaho Power Company. The street light contractor shall obtain
design and permit from the Public Works Department prior to commencing
installations.
22. Applicant's engineer shall be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
OTHER AGENCY COMMENTS
Fire Denartment Comment:
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
5. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
6. The 1 office/commercial lots lot will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has experienced 2612 responses in the year 2004. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
7. Maintain a separation of5' from the building to the dumpster enclosure.
8. Provide a Knoxbox entry system for the complex prior to occupancy
9. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
10. Provide exterior egress lighting as required by the International Building & Fire
Codes.
11. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
12. There shall be a fire hydrant within 100' of all fire department connections.
Sanitarv Services Comment:
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
Police Denartment Comment:
1. No comment received from the Police Department.
Parks Denartment Comment:
1. The Parks Department has no concerns with the site design as submitted with the
application.
EXHIBIT D
Cole Valley Christian School
CUP-OS-021
Required Findings
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall find evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
Parking: The applicant has submitted a Variance application for a reduction in
the number of required parking spaces (VAR-05-007). The junior high school
requires two (2) parking spaces per classroom for a total of twenty-eight spaces
(14 classrooms) and the senior high school requires ten (10) parking spaces per
classroom, for a total of one-hundred and thirty (13 classrooms). The proposed
1,200 seat gymnasium requires one (1) parking space per ten seats, for a total of
one-hundred and twenty (120) spaces. These requirements add up to a total of
two-hundred and seventy-eight (278) required parking spaces and the applicant
has provided one-hundred and forty-three (143) on-site spaces and twenty-eight
(28) curb-side spaces (total of 171 spaces). The applicant has indicated in their
application materials that "the proposed gymnasium would not be used during
regular school hours other than students already accounted for in the above
calculation. Sports activities and events held in the gymnasium would be
scheduled for after regular school hours, thus eliminating the need to account for
the 120 parking stalls." Ifa Variance is approved for the project, Ci finds that the
project will meet the requirements of Meridian City Code.
Landscaoing:: Meridian City Code 12-13-11-3(B) requires that no linear grouping
of parking spaces shall exceed twelve (12) in a row, without an internal planter
island. The submitted site and landscape plans depict more than twelve (12)
spaces in a row in the following locations: on the north end of the parking lot,
directly adjacent to the gymnasium and adjacent to N.E. 2 12 Street. The applicant
shall revise the plans to add planter islands which meet the requirements of
Meridian City Code and eliminate any instances of more than twelve (12) spaces
in a row.
Meridian City Code requires a twenty foot (20') land use buffer between junior or
senior high schools and single-family residences. The applicant has not provided
a buffer of sufficient width on the north property line which borders existing
single-family residences. Melidian City Code 12-13-18 allows for an applicant to
request "Alternative Compliance" when specific provisions of the Landscape
Ordinance cannot be met due to site constraints or other factors. The applicant
must submit a wlitten request to the Planning and Zoning Department which
states: 1. the ordinance requirements which are proposed to be modified; 2. the
project conditions which justify the proposed alternative; and 3. how the proposed
alternative meets or exceeds the intent of said requirement.
A. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The Comprehensive Plan Land Use Map designates the property as "Old Town",
however it is currently zoned L-O. Ordinance 11-8-1, Schedule of Use Control,
allows for public and private schools through the conditional use process in the L-
o zone. City Council finds that although the current zoning is L-O, the requested
use is consistent with intended uses in the Comprehensive Plan for the "Old
Town" area. City Council further finds that if the project is approved as a CUP it
will be in compliance with the MCC.
B. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
The surrounding properties vary greatly and include single family residences, a
funeral home, a coffee shop, offices, and a church. The "Old Town"
Comprehensive Plan designation is intended as mixed use area. Therefore, City
Council finds that the proposed development will not adversely change the
existing or intended character of the general vicinity. Staff finds the design
concept to be compatible with the intended character of the area.
C. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council finds that the proposed development will not have an adverse impact
on the surrounding property.
D. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
The project proposes vehicular access from N.E. 2 12 Street. Water and sanitary
sewer service to the project is readily available to the site via mains installed
adjacent to the property.
E. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
The applicant will finance the extension of sewer, water, utilities and pressurized
irrigation to serve the project. The primary public costs to serve the future project
will be fire and police services. City Council finds there will not be excessive
additional requirements at public cost and that the proposed use will not be
detrimental to the community's economic welfare.
F. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Traffic congestion is an ongoing issue for downtown, the resolution of which is
beyond the scope of this project. City Council finds that the additional traffic
created by a revised building should not be excessive and staff also finds that no
smoke, fumes, glare or odors will result from the proposed use.
G. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
As discussed above, vehicular approaches are proposed from N.E. 2 Y2 Street.
Staff finds that the proposed use will not create significant interference with
traffic on the surrounding public streets. Please refer to ACHD comments for
additional detail on this issue.
H. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
City Council finds that this proposal will not result in the destruction, loss, or
damage of a natural, scenic, or historic feature considered to be of major
importance.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for a Variance from Meridian City Code (MCC) 11-13-5
(Schedule of Parking Space Requirements), for a Reduction in Parking Requirements for a
proposed gymnasium and commons area, in the L-O Zone for Cole Valley Christian
School, by CT A Architects Engineers.
Case No(s). V AR-05-007
For the City Council Hearing Date of: June 21, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly considered by the City Council at the June 21,2005, public
hearing. The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction ofthe City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report for the
subject application(s), it is hereby verified that the property owner of record at the
time of issuance of these findings is Cole Community Church, Inc.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. V AR-05-007 - PAGE I on
4. Required Findings per the Zoning Ordinance
a. See Exhibit B for the findings required for the Variance application under Title 11.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
gll-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
6. That this approval is subject to the Legal Description in Exhibit A.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Variance request, as evidenced by having submitted the application
dated January 6, 2005 (File No. V AR-05-007), is hereby approved and grants a
variance to the following sections of Meridian City Code:
· MCC 11-13-5 Schedule of Parking Space Requirements
D. Exhibits
Exhibit A: Legal Description
Exhibit B: Variance Findings
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. VAR-05-007 - PAGE 2 00
By action of the City Council at its regular meeting held on the Z I S,? day of
.;;:r~ ,2005.
COUNCIL MEMBER SHAUNW ARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED_
and City Attorney.
BY:I.1u(lm~~uNJ
City Clerk's Office
Dated: LD-J4-oc;
CITY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. V AR-05-007 - PAGE 3 of3
EXHIBIT A
Cole Valley Christian School
V AR-05-007
Legal Description
FOR VAWERECUVEn
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EXHIBIT B
Cole Valley Christian School
V AR-05-007
Required Findings
REOUIRED FINDINGS
According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases
a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings (MCCI1-18-3), all of which must be determined
before granting a variance:
"A. That there are such special circumstances or conditions affecting the
property that the strict application of the provisions of this Title would
clearly be impracticable or unreasonable;
City Council finds that the subject property, as depicted, is large enough to
accommodate the required open spaces and landscaping required by the
ordinance, but not parking. Variances for a reduction in parking requirements
have recently (in the past two years) been approved for many properties in the
downtown area, including Farmers and Merchants State Bank, Aromatic
Sensations, Holy Trinity Charismatic Episcopal Church, and the Buich mixed-use
project.
The junior high school requires 2 parking spaces per classroom for a total of 28
spaces (14 classrooms x 2 per classroom). The senior high school requires 10
parking spaces per classroom, for a total of 130 spaces (13 classrooms x 10 per
space). The proposed 1,200 seat gymnasium requires 1 parking space per 10
seats, for a total of 120 spaces. These requirements add up to a total of 278
required parking spaces; the applicant has provided 143 on-site spaces and 28
curb-side spaces (total of ] 71 spaces). The applicant has indicated in their
application materials that "the proposed gymnasium would not be used during
regular school hours other than students already accounted for in the above
calculation. Sports activities and events held in the gymnasium would be
scheduled for after regular school hours, thus eliminating the need to account for
the 120 parking stalls."
B. That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of
unusual topography, the nature or condition of adjacent development, other
physical conditions or other conditions that make strict compliance with this
Title unreasonable under the circumstances, or that the conditions and
requirements of this Title will result in inhibiting the achievements or the
objectives of this Title;
The City has adopted goals, objectives, and policies that support mixed uses
within the downtown area. If off-street parking be strictly required for all
properties in downtown, City Council believes that a majority of the properties
would be restricted to a residential-only use and would not redevelop. City
Council generally supports the redevelopment of the smaller, older lots in the
original Meridian Township, as these conversions allow for a more vibrant
downtown area. City Council finds that strict compliance with the City's parking
requirements on this site would result in an extraordinary hardship to the
applicant due to the circumstances surrounding this property mentioned in the
previous finding. Further, City Council fmds that enforcing the conditions and
requirements of the off-street parking ordinance will inhibit the objectives of
allowing downtown to be a mixed use area.
C. That the granting of the specified variance will not be detrimental to the
public's welfare or injurious to other property in the area in which the
property is situated;
City Council anticipates that the variance will not be detrimental to the public's
welfare or injurious to other properties in the area. Further, the Council has
granted parking variances to properties with similar situations within the
downtown area, and is unaware of any harmful impacts from these parking
variances.
D. That such variance will not have the effect of altering the interest and
purpose of this Title and the Meridian Comprehensive Plan."
City Council finds that the issuance of a variance to the parking requirements will
have the effect of enhancing the educational atmosphere in Meridian- not altering
the purpose and interest of the Zoning Ordinance. The Comprehensive Plan states
that the City should "Encourage new institutional, commercial, and government
facilities to consider locating to downtown Meridian" and "Actively support
continued development of all forms of education, including public, private and
parochia1." The gymnasium and associated school use warrants special
consideration in light of these goals of the Comprehensive Plan. City Council
finds that strict compliance to the MCC 11-9-1 would inhibit the broader
objectives of the Comprehensive Plan.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Request for a Miscellaneous Application for Temporary Approval to
Operate a Public Charter School out of an Existing Church in the L-O Zone, by Compass
Public Charter School.
Case No(s). MI-OS-OOS
For the City Council Hearing Date of: June 21, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers ofrecord within three hundred feet (300')
of the external boundaries ofthe property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code 967-
6509.
The matter was duly considered by the City Council at the June 21,2005, public
hearing. The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staffreport, it is hereby
verified that the property owner of record at the time of issuance of these findings is
Cherry Lane Christian Church, Inc.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. MI-05-005 - PAGE] 00
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. S67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
S 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
6. That this approval is subject to the Conditions of Approval in Exhibit A. The conditions
are concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Miscellaneous Application request, as evidenced by having submitted
the application dated May 17, 2005 (Pile No. MI-05-005), is hereby conditionally
approved as follows:
a. Comply with the conditions of approval in Exhibit A (as modified by City
Council at their June 21,2005 public hearing).
CITY OF MERJDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. MI-05-005 - PAGE 2 of3
Exhibits
Exhibit A: Site Specific Conditions of Approval
By action of the City Council at its regular meeting held on the ~'S+
JLl~ ,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
MA YOR TAMMY de WEERD
(TIE BREAKER)
VOTED_
~(l\1V\. \h I Q MAxop rIA j /.'~
~i1Iiam G. Berg: Jr., City ClerK J: )
. ~~~),.", '~$!
Copy served upon Applicant, The Planning ana"'z~F:pep~ttment, Public Works Department
and City Attorney.
BY:t Illl\Jl J.-
~ity Clerk's Office
Dated: 1 0 ~ :l q -(Jc...
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. MI-05-005 - PAGE 3 of3
BEFORE THE MERIDIAN CITY COUNCIL
C/C June 21, 2005
IN THE MATTER OF THE
APPLICATION FOR RECORDING
THE FINAL PLAT FOR BUICH
SUBDIVISION LOCATED NORTH
OF WEST CHERRY LANE AND
WEST OF NORTH LINDER ROAD
IN THE SE ~ OF T. 3N., R. lW.,
SECTION 2, MERIDIAN, IDAHO
CASE NO. TE-05-005
ORDER GRANTING A ONE YEAR
TIME EXTENSION FOR
RECORDING THE FINAL PLAT
BY: PINNACLE ENGINEERS, INC.
APPLICANT
This matter coming on regularly before the City Council on June 21, 2005, upon the
Applicant's time application for a one year extension within which to record the Buich Subdivision
Final Plat, which was originally approved on July 6, 2004, as provided in ~ 12-3-6 B, and good
causing appearing.
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
1. The above name Applicant is granted a one year extended period of time until July 6,
2006, of this Order within which to record the Final Plat for the above entitled
subdivision application.
----.By the action ofthe City Council at its regular meeting on the -21 S\- day of
June. ,2005.
ORDER GRANTING A ONE YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR
BilleR SUBDIVISION (TE-05-005)
Page 1 of2
DATED this
?jS+-
day of ~t ne....
,2005.
Attest:
epartment, Public Works, and the City
J '
BY ='- ___Y:lA (l A 1\ C b NJ
City Clerk's Office
Dated: '1-) 1-05
ORDER GRANTING A ONE YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR
BUICH SUBDNISION (TE-05-005)
Page 2 of2
BEFORE THE MERIDIAN CITY COUNCIL
C/C June 21, 2005
IN THE MATTER OF THE
APPLICATION OF RANDY AND
LINNEA WORDEN FOR FINAL
PLAT APPROVAL OF 12 SINGLE-
FAMIL Y RESIDENTIAL BUILDING
LOTS AND 3 COMMON AREA
LOTS ON 4.56 ACRES IN AN R-4
ZONE LOCATED AT 4625 WEST
USTICK ROAD IN A PORTION OF
GOVERNMENT LOT 4 OF T. 3N., R.
tW., SECTION 3
CASE NO. FP-05-037
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Meridian City Code S 12-3-7 on June 21,2005, and the Council finding that the Administrative
Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning
Department, and Michael Cole, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: June 21,2005, to the Mayor and Council, and the Council having
considered the requirements ofthe preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING KLAMATH BASIN SUBDIVISION
LOCATED IN A PORTION OF GOVERNMENT LOT 4 OF T. 3N., R. lW.,
SECTION 3, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KLAMATH BASIN SUBDNISION / (FP-05-037)
Page 1 of4
HANDWRITTEN DATE: 05/31/05, SHEET 1 OF 2, B&A ENGINEERS, INC.",
RANDY AND LINNEA WORDEN, Developer, is Conditionally Approved subject
to those conditions of Staff comments as set forth in the Memorandum to the Mayor
and City Council from Sonya Allen, Assistant City Planner for the Planning and
Zoning Department and Michael Cole, Development Services Coordinator for the
Public Works Department, dated: Hearing Date: June 21, 2005, listing 14 SITE
SPECIFIC REQUIREMENTSIFINAL PLAT and 16 GENERAL REQUIREMENTS,
a true and correct copy of which is attached hereto marked Exhibit "A", and
consisting of 5 pages, and by this reference incorporated herein, and the response
letter from B&A Engineers, Inc., a true and correct of which is attached hereto
marked Exhibit "B" and consisting of 1 page, and by this reference incorporated
herein, and the additional requirements from the action ofthe Council taken at their
June 21,2005 meeting as follows, to-wit:
1.1 Adopt the Recommendation of the Central District
Health Department as follows:
The Central District Health requires after written
approval from the appropriate entities are submitted,
they can approve this proposal for central sewage and
central water; that plans must be submitted to and
approved by the Idaho Department of Health and
Welfare, Division of Environmental Quality for
central sewage and central water; that run-off is not to
create a mosquito breeding problem; and it is
suggested that the stormwater be pretreated through a
grassy swale prior to discharge to the subsurface to
prevent impact to groundwater and surface water
quality; that engineers and architects should obtain
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KLAMATH BASIN SUBDIVISION / (FP-OS-03?)
Page 2 of 4
current best management practices for stormwater
disposal and design a stormwatermanagement system
that is preventing groundwater and surface water
degradation. Manuals for guidance:
1. State of Idaho Catalog of Stonnwater Best
Management Practices for Idaho Cities and
Counties. Prepared by the Idaho Division of
Environmental Quality, July 1997.
2. Stormwater Best Management Practices
Guidebook. Prepared by City of Boise Public
Works Department, May 2000.
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall
be signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT
FOR KLAMATH BASIN SUBDIVISION / (FP-05-037)
Page 3 of 4
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest
in real property which may be adversely affected by this decision may, within twenty-eight (28) days
after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the '2 \ S+ day
of ,~Jne-.
,2005.
Attest:
JldL'
BY:~O\ m h n ~ {)\.j
City Clerk's Office
Dated: [-II -06
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR KLAMATH BASIN SUBDIVISION / (FP-05-037)
Page 4 of4
MA YOR
Tammy de WeeI'd
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898.5500 . Fax (208)898-9551
CITY COUNCIL MEMBERS
Keith Bird
Clulstine DOllllelJ
Shaun Wardle
Charles M. Rountree
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533' FAX 888-6854
STAFF REPORT:
Hearing Date: June 21, 2005
Transmittal Date: June 10,2005
To:
Mayor and City Council
Sonya Allen, Assistant City Planner (fll..
Michael Cole, Development Services Coordinator l'Y\ C
From:
Re:
Klamath Basin Subdivision
Request for Final Plat approval of Twelve (12) Single-family Residential Building
Lots and Three (3) Common Lots on 4.56 Acres in an R-4 Zone by Randy &
Linnea Worden (File No. FP-05-037).
We have reviewed the above referenced submittals and offer the following comments as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
The applicants, Randy & Linnea Worden, have applied for final plat approval of 12 single-family
residential building lots and 3 common lots on 4.56 acres of land for Klamath Basin Subdivision.
The zoning designation for the proposed subdivision is R-4 (Low Density Residential). The
proposed gross density of the subdivision is 2.63 dwelling units per acre. The proposed net
density is 3.39 dwelling units per acre.
Klamath Basin Subdivision is located on the southeast corner of N. Black Cat Road and W.
Us tick Road, in the NW !4 of Section 3, T.3N., R.l W.
The submitted final plat substantially complies with the approved preliminary plat.
Staff recommends approval of Klamath Basin Subdivision with the comments and conditions
stated in this report.
SITE SPECIFIC COMMENTS I FINAL PLAT
1. Applicant is to meet all terms of the approved annexation (AZ-04-035) and preliminary
plat (PP-04-045) for this subdivision.
FP-05-037 Exhibit "A" Klamath Basin Sub FP.doc
Mayor & City Council
Hearing Date: June 21, 2005
Page 2
2. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9.
3. Revise or add the following notes on the face of the plat dated 5/16/05:
(3.) "...is prohibited Bflless s13eeifieall) aIle ea 8) tae .\aa Celiflt) High...a)
~."
(9.) Delete note-no longer required to be shown on plat.
(*.) Add a note stating, "The owner of each lot, across which passes an
irrigation/drainage ditch or pipe, is responsible for the maintenance threof unless
such responsibility has been assumed by an irrigation/drainage District.
4. The easement notes on the face of the plat shall be renumbered so that the numbers are
sequential and nonrepeating. Revise or add the following easement notes on the face of
the plat dated 5/31/05:
(2.) "...is hereby granted to the owners of Lots 12 13 14 & 15 Block 1 tfle.--.lets
ithia this sooai isiefl for ingress/egress and installation and maintenance of a
driveway."
(4.) Revise note to read: "Unless otherwise dimensioned a 10-foot wide Public
Utilities Drainal.!e and Irril!ation easement is herebv desiwated along all lot lines
common to nublic rights-of-wavs and the exterior boundarv of this subdivision."
(6.) Revise note to read: "Unless otherwise dimensioned a ten-foot wide Public
Utilities Drainal!e and Irrigation easement is herebv desiwated to be centered on
all interior side lot lines and along all rear lot lines."
(7.) Delete this comment.
(9.) Add a note explaining the 50-ft. wide access easement to the south.
5. The landscape plan shall be revised as follows:
a. Show landscaping for any portion of the flag that is beyond the driveway surface
of the common drive on Lots 13 & 14, Block I.
b. At a minimum, 1 deciduous tree per 8,000 s.f. of open space is required on Lot 10
per MCC 12-13-16-5.
c. Show the proposed location of the existing trees on Lot 11 (Poplars are not
allowed to be planted on any public rights-of-way).
d. One tree per 35 lineal feet is required along W. Ustick Road per MCC 12-13-10-6
(718.84 ft. = min. 21 trees req.). Bushes (Globosa spruce) are not counted as trees.
e. Include a plant list that shows the plant symbol, quantity, botanical name,
common name, minimum planting size and container, and mature size.
f. Sod is not allowed in the bottom of drainage areas. Revise sod to reflect seed in
the bottom of the stormwater drainage swale on Lot 10.
g. Remove note #5 under "General Notes", as no signage is shown on plan.
h. Include date that the plan was drawn.
Please submit three (3) copies of the revised landscape and an 8 'l?" x 11" reduction to
the Planning & Zoning Department prior to signature on thefinal plat.
FP-OS-037 Exhibit "A" Klamath Basin Sub FP.doc
Mayor & City Council
Hearing Date: June 21, 2005
Page 3
6. The applicant has indicated that Nampa Meridian Irrigation District will own and
maintain the pressure irrigation system within this development. The City of Meridian
requires that pressurized irrigation systems be supplied by a year-round source of water.
If a creek or well source is not available, a single-point connection to the culinary water
system shall be required. If a single-point connection is used, the developer shall be
responsible for the payment of assessments for the irrigable common areas prior to
signature on the final plat by the Meridian City Engineer.
7. All irrigation ditches, laterals or canals, exclusive of natural waterways and the Eight-
Mile Lateral, intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department. If
lateral users association approval can't be obtained, alternate plans will be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
8. If three or more lots are proposed to take access off of the common drive, the hard
surface driveway shall be widened to a minimum of 24 feet per MCC 12-4-14. If only
Lots 13 and 14 are taking access off of the common drive, a 20 foot wide driveway is
sufficient as shown on the construction drawings; revise note #4 (2) above accordingly.
9. Prior to signature on the final plat by the City Engineer, all existing structures on the site
shall be removed.
10. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the
street names and lot & block numbering. Make all corrections necessary to comply.
11. All areas being counted toward the 5% open space requirement shall be free of "wet
ponds" or other such nuisances.
12. Sanitary sewer service to this site shall be via main line extensions from Staten Park
Subdivision. The applicant shall be responsible to construct the sewer mains to and
through this proposed development, thereby making them available to adjacent
properties. Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Cover over sanitary sewer mains shall be no less than 3-feet from
finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the
top of pipe, alternate pipe materials shall be used per the Meridian Public Works
Department's Standard Specifications. Applicant shall execute City of Meridian standard
forms of easements for any mains that are required to provide service.
13. Water service to this site is being proposed via an extension of water mains located in
Staten Park Subdivision. The applicant shall construct water mains to and through this
proposed development, thereby making them available to adjacent properties. Coordinate
main size and routing with Public Works. Applicant shall execute City of Meridian
standard forms of easements, for any mains that are required to provide service.
FP-05-037
Exhibit "A"
Klamath Basin Sub FP.doc
Mayor & City Council
Hearing Date: June 21,2005
Page 4
14. Staffs failure to cite specific ordinance provisions, or tenus of the approved annexation
or preliminary plat does not relieve the applicant of responsibility for compliance.
GENERAL REQUIREMENTS
1. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees for
those trees that have to be removed.
2. Street signs are to be in place, water system shall be approved and activated, fencing
installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
3. A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. All development improvements, including sewer, fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates
of occupancy.
5. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
6. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
7. One hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit from
the Public Works Department prior commencing installations.
8. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
9. Applicant shall submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be designed
to ensure that water is retained only during 1 DO-year storm events, and for a period of
time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any
FP-05-037
Exhibit "A"
Klamath Basin Sub FP.doc
Mayor & City Council
Hearing Date: June 21, 2005
Page 5
portion of a drainage area not improved with sod/grass seed (or other approved
Imldscaping) shall not count towards the required open space area. The project engineer
should pay close attention to the results of field studies determining the groundwater, soil
type & and characteristics during the design and construction phases.
10. Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation. This is to ensure that the bottom
elevation ofthe crawl spaces of homes is at least I-foot above.
11. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
12. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Envirorunental Protection Agency.
13. It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
14. All grading of the site shall be performed in conformance with MCC 11-12-3H.
15. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
16. Developer shall coordinate mailbox locations with the Meridian Post Office.
STAFF RECOMMENDATION
Staff recommends approval of the final plat with the above stated comments and conditions.
FP-OS-03?
Exhibit "A"
Klamath Basin Sub FP .doc
.'~ B & A Engineers, Inc.
m __ C () II :=.; u I ( i n g r~ n gill {' t' r s & S 1I r \' t' Y () r s
.. . ~i;,~'n5e\~o~.~~'~~k:i~~ ~" ~ :;:~~;;,;:;~ 2~':;'':;~ ~F.7 '"
Date: June2!,2005
To: Sonya Allen
Meridian Planning & Zoning
660 E. Walertower Lane, Suite 202,
Meridian, Idaho 83642
From: David Crawford
Projecl Manager
Re: Klamath Basin Subdivision
Sonya:
I have reviewed the Staff repon for Khllnath Basin Suhdivision with the applicant anu owner.
The applicant agrees to the staff report as wriuen.
Sincerely,
David Crawford
B&A Engineers, lnc.
pc: Project Hie
Page 1 of 1
.MATlON REPORT **
PAGE. 81
CITY OF MERl DIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:l STATUS
81 86/10 18: 83 3886924 EC--S 88'27" 081 819 OK
82 86/18 18:04 p-AI..m-z EC--S 013' 27" lar3! 819 OK
03 06/10 18: 05 208 895 0390 EC--S 88' 27" 1301 019 OK
84 86/10 18: la6 12831381340 G3--S 013'33" 1301 019 OK
05 136/10 18:87 2138 387 6393 EC--S 130'27" 081 019 OK
86 06/18 18:08 ADA cry DEVELMT EC--S 00' 28" 1301 ca19 OK
07 ca6/W 18: ca9 28888851352 EC--S 08' 28" 1301 1319 OK
88 136/18 18: 10 CHERRY LANE G3--S 13B'46" 001 1319 OK
ca9 136/1ca 18: 12 IDAHO ATHLETIC C EC--S 1313' 28" 13131 ca19 OK
10 ca6/1e 18: 13 ID PRESS TR I BUNE EC--S 1313' 27" 13131 1319 OK
11 136/10 18: 14 2088886781 EC--S 1313'27" 1381 1319 OK
-....-----....--....-----...-...----------.....---------------..--....---....-------....--....-----...-----...-...----....--....------
f /(aU f!Jsf fn- ?~pt"2 /~h C-<.. -- ~
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of
Meridjan and the Laws of the State of Idaho that the City Council of the City of
Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Avenue, Meridian, Idaho on Tuesday, June 21, 2005 at 7~OO p.m. for the
purpose of adopting the 2003 International Building Code, the 2003 International
Residential Code (Parts I-VI), the 2003 International Energy Conservation Code,
the 2005 National Electrical Code, the 2003 International Mechanical Code, and
Fuel Gas Gode and the 2003 International Fire Code.
The new proposed COdes may be viewed at the City Clerk's Office at 33
East Idaho Avenue, Meridian, Idaho and the Building Department at 660 East
Watertower lane, Meridian, Idaho during regular business hours from 8:00 a.m.
to 5;00 p.m., Monday through Friday.
Dated this 9th day of June, 2005.
Any and all interested persons shall be heard at said public hearing, and
the public is welcome and invited to submit testimony. Oral testimony may be
limited to three (3) minutes per person. Written materials I testimony may be
submitted seven (7) days prior to the above hearing date so that all interested
parties may examine them prior to the hearing. All materials presented at public
meetings shall become property of the City of Meridian. Anyone desiring
aCCOmmodation for disabilities related to documents and J or hearings, please
contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public
meeting. .,1 .' "';':'~'<,:,..,
n~~~\\
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.,...Jr//" .
Publish June 13th, 2005
"'''' TX
,AT! ON REPORT *'"
(
AS OF JUN 10 'loJ;:, 18:133 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
25 06/10 17:56 3810160
26 136/10 17=57 PUBLIC WORKS
27 06/10 17:588841159
28 06/113 17= 59 20888413744
29 136/113 18=130 POLICE DEPT
30 06/10 18: 01 8985501
31 06/10 18: 131 LI BRARY
32 05/10 18: 132 92083776449
MODE MIN/SEC PGS CMDl:l STATUS
EC--S 130'40" 0131 1319 OK
EC--S 130' 28" 001 019 OK
EC--S 00'28" 001 019 OK
EC--S 00'28" 001 019 OK
EC--S 00' 27" 0131 1319 OK
EC--S 00'26" 001 019 OK
EC--S 00'34" 001 019 OK
EC--S 013'28" 0131 019 OK
--.....----.....-.......-------.....---....-....-----...----....-...-----....-....--------------.....---.....-...----...-....-------.....-----...----
f lea.u. ftJsf frr f/?vPe/2. /L/ah ~ - ~
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of
Meridian and the Laws of the State of Idaho that the City Councll of the City of
Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Avenue, Meridian, Idaho on Tuesday, June 21, 2005 at 7:00 p.m. for the
purpose of adopting the 2003 International Building Code, the 2003 Intemational
Residential Code (Parts I-VI), the 2003 International Energy Conservation Code,
the 2005 National Electrical Code, the 2003 International Mechanical Code, and
Fuel Gas Code and the 2003 International Fire Code.
The new proposed COdes may be viewed at the City Clerk's Office at 33
East Idaho Avenue, Meridian, Idaho and the Buflding Department at 660 East
Watertower Lane, Meridian, Idaho during regular business hours from 8:00 a.m.
to 5:00 p.m., Monday through Friday.
Any and aU interested persons shall be heard at said pUblic hearing, and
the public is welcome and invited to submit testimony. Oral testimony may be
limited to three (3) minutes per person. Written materials I testimony may be
submitted seven (7) days prior to the above hearing date so that all interested
parties may examine them prior to the hearing. All materials presented at public
meetings shall become property of the City of Meridian. Anyone desiring
accommodation for disabilities related to documents and I or hearings, please
contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public
meeling. ~~'Of~'~,
Dated this 9th day of June, 2005. ~.;f(y; ro~\ ~\;
JJ~ ( SUl":J 1
i' ,;f',rf:) l
.. 2S.i, "~.t-'~'
1.~~~~~.t~
Publish June 13th, 2005
** TX CON..1RT ION REPORT **
DATE TIME TO/FROM
01 06/24 17; 11 208 895 0390
02 86/24 17: 13 128300048
83 06/24 17: 15 208 387 5393
04 06/24 17: 17 ADA CTY DEUELMT
05 06/24 17: 19 2088885852
05 OS/24 17; 22 CHERRY LANE
07 86/24 17:25 IDAHO ATHLETIC C
08 06/24 17: 27 10 PRESS TR I BUNE
09 06/24 17: 30 2088886701
10 06/24 17: 35 3810150
11 OS/24 17: 38 PUBL I C WORKS
CITY OF MERIDIAN
MODE M I N/SEC PGS
EC--S 01'27" 005
G3--S 01' 55" 005
EC--S 01'28" 885
EC--S 01' 33" 005
EC--S 01'28" 80S
G3--S 03' 07" 1385
EC--S 01' 38" 005
EC--S 01' 30" 005
EC--S 81' 29" 005
EC--S 02'33" 005
EC--S 01'27" lO85
CMD~ STATUS
092 OK
092 OK
092 OK
092 OK
892 OK
092 OK
092 OK
092 OK
092 OK
092 OK
092 OK
VlfOSC:: y():~ t tty- r"U..)::::>\..u.:.; Nt:' v...L^-"
-.........---....-----------.....-------...-----.....----------....---.....-----........---....-----....--------.....--........-------....--........--
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, June 28, 2005, at 7:00 p.m.
1. Roll-call Attendance:
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
Shaun Wardle _ Christine Donnell
- Charlie Rountree Keith Bird
- _ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pastor Kevin Moyer, with Meridian First
Baptist Church:
4. Adoption ofthe Agenda:
5. Consent Agenda:
A. Resolution No. : VAC 05~004 Request for
a Vacation of platted easements for Krlsov Kreme Subdivision by
Eagle--Fairview Investment Co., LLC - Lot 1 of the Krispy Kreme
Subdivision:
B. Resolution No. : VAC 05.005 Request for
a Vacation of a portion of a 20-foot utility easement between Lots
20 & 21, Block 1, Stokesberrv Subdivision No.2 by Prop~rtjes
West, Inc. - west of North Eagle Road and north of River Valley
Street:
C. Development Agreement: AZ 05-003 Request for an Annexation
and Zoning of 76.72 acres to a R-3 zone for Kinasbrldae
SUbdivision by Vision First, LLC - 4070 South Eagle Road:
D. License Aareement with Namna & Meridian Irriaation District
for Ten Mile Drain (Glacier Springs Subdivision):
E. School Resource Officer Aareement between the Meridian
Police DeDartment and Meridian School District:
Meridian City Council Meeting Agenda - June 28,2005 Page 1 of 5
All matElrials presented at public meetings Shell become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents andtor hearing
please conlllct the City Clerk's Office at 888-4433 alleast 48 hours prior !o the public meeting.
** TX CONF I RMAT I ON REPORT ** AS OF JUN 21 '05 23: 10 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE M I WSEC PGS CMDI=t STATUS
08 06/21 22: 24 3810160 EC--S 01' 55" 003 072 OK
09 06/21 22: 26 PUBLIC WORKS EC--S 01' 06" 003 072 OK
10 06/21 22: 28 8841159 EC--S 01 ' 07" 003 072 OK
11 06/21 22: 29 2088840744 EC --S 01' 09" 003 072 OK
12 06/21 22: 31 POLICE DEPT EC--S 01' 06" 003 072 OK
13 06/21 22: 33 8985501 EC --S 01 ' 06" 003 072 OK
14 06/21 22: 34 LIBRARY EC--S 01' 29" 003 072 OK
15 06/21 22: 36 92083776449 EC --S 01' 06" 003 072 OK
16 06/21 22: 38 3886924 EC--S 01'07" 003 072 OK
17 06/21 22: 39 P-AND-Z EC--S 01' 07" 003 072 OK
18 06/21 22: 41 208 895 0390 EC--S 01' 07" 003 072 OK
19 06/21 22: 43 128300040 G3--S 01' 25" 003 072 OK
20 06/21 22: 44 208 387 6393 EC--S 01' 06" 003 072 OK
21 06/21 22: 46 ADA CTY DELJELMT EC--S 01' 07" 003 072 OK
22 06/21 22: 48 2088885052 EC --S 01' 07" 003 072 OK
23 06/21 22: 50 CHERRY LANE G3--S 00' 01" 000 072 INC
24 06/21 22: 51 CHERRY LANE G3--S 00' 02" 000 072 INC
25 06/21 22: 52 CHERRY LANE G3--S 00' 01" 000 072 INC
26 06/21 22: 53 CHERRY LANE G3--S 00' 01" 000 072 INC
27 06/21 22: 55 I D PRESS TR I BUNE EC --S 01'06" 003 072 OK
28 06/21 22: 57 2088886701 EC--S 01'06" 003 072 OK
29 06/21 23: 10 IDAHO ATHLET I C C ----S 00'00" 080 072 BUSY
TH I S DOCUMENT IS ST I LL I N MEMORY
---.....---------------......--.....---.....--------.....---.....---------.....-------....---......-------------.....---------.....-------.....-
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, June 21,2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
X Shaun Wardle >< Christine Donnell
~ Charlie Rountree ~ Keith Bird
-L Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pa3tor Go.dulI 317(6., with "freasure .'{GII~y
V.~I:shlp Ganter. Bl/I Nal-9
A A.rI.........:__ _ ~_ ... _ _ _ ~_
;RMATlON REPORT **
DATE TIME TO/FROM MODE M IWSEC PGS CMDIl STATUS
131 136/17 15: 413 38113160 EC--S 01' 49" 083 1354 OK
132 06/17 15:42 PUBLIC WORKS EC--S 131'02" 1303 854 OK
133 06/17 15:44 8841159 EC--S 01' 02" 0133 054 OK
04 06/1715:452eess40744 EC--S 81 '05" 083 054 OK
05 136/17 15:47 POLICE DEPT EC--S 01' 132" 083 1354 OK
06 06/17 15:48 89855131 EC--S 01 '132" 003 854 OK
137 06/17 15:50 LIBRARY EC--5 131' 22" 803 1354 OK
00 06/17 15: 52 921383776449 EC--S 131 '131" 003 1354 OK
139 06/17 15:53 3886924 EC--S 01'131" 13133 1354 OK
10 06/17 15: 5S P-AND-Z EC--S 01'02" 003 054 OK
11 06/17 15'56 208 895 03913 EC--S 131 '02" e03 1354 OK
12 06/17 15: sa 128300el40 G3--S 01 '21" 003 1354 OK
13 06/17 16:00 2e8 387 6393 EC-S 131'01" 1303 054 OK
14 06/17 16:1211 ADA CTY DEUELMT EC--S 131' 02" 003 854 OK
15 136/17 16:133 20888851352 EC--S 131'03" em 1354 OK
16 06/1716:07 lD PRESS TRIBUNE EC--S 01'132" 0e3 1354 OK
17 06/17 16:1219 213888867131 EC-S 01'132" 1303 1354 OK
18 06/17 16: 13 CHERRY LANE G3--S 02'01" 1303 8S4 OK
19 06/17 16'25 IDAHO ATHLETIC C ---S 138'1313" 1300 1354 BUSY
THIS DOCUMENT IS STILL IN MEMORY
-------....--------....--------------------------------------.......------....-------..----------------...--
r Ica&" Ycs+ -FD V" - ~uhlA 'c /U o-h' q
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
TUesday, June 21, 2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1, Rof/-call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree - Keilh Bird
- _ Mayor"T3ilimy de Weerd
2. Pledge of AJlegiance:
3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley
Worship Center:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of May 24, 2005 City Council Regular Meeling:
B. Sanltarv Sewer and Water Main Easement fOT FerGuson
Enteroriaes Inc.:
C. Reauest to Di8DDse of comouter eauioment:
D. Resolution No. : Amendment to
Standard ODoration Pollcv and Procadure Manual to Add New
Policies; 2.9 (Trial Service Period for Promotions and
Transfers; 5.5 Director's Benefits Program; 6.2.8 Cell Phol1e$
and 6.14 Clothing Attire and AllOWance; And Also to Amend
the Following Policies 2.8 Introductory Period of Employment;
3.4 Compensation Program; 4.5 Bereavement Leave; 4.7
Military Leave; 5A Education Reimbursement and 6.2.2 Use of
City Owned Telephones and Cell PhonelS, Fax and Copy
Machines and Computers:
E. SanitaN Sewer and Water Main Easement for Bonito No.2:
Meridian City Counc:il Agenda -June 21,2005 Pilge, or3
All malAMiels ptesented at public meetings shall become properly of tho City of Meridian.
Anyone dABJrtng accommodatton for dlsabmlill1l related to documents and/or heanng
please eonblct the ell)' Clelf(s Olllce 8l6llll-4433 alloast48 hOUtjl pJlortolhe pubfic meellng.
~ Ity,~K:5t -+6 v- 7ubifl 'c N u.
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, June 21, 2005 at 1:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
Shaun Wardle Christine Donnell
Charlie Rountree Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley
Worship Center:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of May 24, 2005 City Council Regular Meeting:
B. Sanitary Sewer and Water Main Easement for Ferausan
Entemrises. Inc.:
C. Reauest to Disease of comeuter eauiement:
D. Resolution No. Amendment to
Standard ODeration Policv and Procedure Manual to Add New
Policies; 2.9 (Trial Service Period for Promotions and
Transfers; 5.5 Director's Benefits Program; 6.2.6 Cell Phones
and 6.14 Clothing Attire and Allowance; And Also to Amend
the Following Policies 2.8 Introductory Period of Employment;
3.4 Compensation Program; 4.5 Bereavement Leave; 4.7
Military Leave; 5.4 Education Reimbursement and 6.2.2 Use of
City Owned Telephones and Cell Phones, Fax and Copy
Machines and Computers:
E. Sanitary Sewer and Water Main Easement far Bonito No.2:
Meridian City Council Agenda - June 21, 2005 Page 1 of 3
All materials presented at public meetings shall become property ofthe City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
f. Sanitant' Sewer and Water Main Easement for Mussell Corner
Subdivision:
G. Water Main Easement for CherN' Crossina No.2:
H. Water Meter Easement for Chemr Cross.no No.2:
Three Partv' license Aareement with NamDa Meridian Irriaation
District - Master Pathway:
J. Three Party license Aareement with NamDa Meridian Irriaation
District - Finch Laterallaka South Slouah):
K. Streetlioht Aareement for Settlement Bridae No.2:
L. Agreement for HookuD to Services. outside of City Limits for
Mr. David R. Purnell ( 5930 North Locust Grove Road):
M. Amendment to Historic Preservation Consultant Aareement:
N. ADD rove Beer and Wine license for Harvest Buffet - 48 East
Fairview Avenue:
O. Water Main Easement for Direct Buv 12 53550f easement):
P. Water Main Easement for Direct Buv 13.649s01 easement}:
Q. Approve Bills:
6. Department Reports:
7. Items Moved from Consent Agenda:
8. FP 05~036 Request for Final Plat approval of 55 single-family residential
building lots and 10 common lots on 14.91 acres in a R-8 zone for Fulfer
Subdivision No.6 by Kevin Howell Construction - north of McMillan
Road and west of Linder Road:
9. FP 05-035 Request for Final Plat approval of 44 single-family residential
building lots and 1 common lot on 10.39 acres in a R-8 zone for Fulfer
Subdivision No.7 by Kevin Howell Construction - north of West McMillan
Road and east of North Ten Mile Road:
10. FP 05-037 Request for Final Plat of 12 single family residential building
lots and 3 common area lots on 4.56 acres in a R-4 zone for Klamath
Meridian City Council Agenda - June 21, 2005 Page 2 of 3
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 priorto the public meeting.
Basin Subdivision by Randy and Linnea Worden - 4625 West Ustick
Road:
11. TE 05..005 Request for approval of a one-year Time Extension to record
the final plat for Buich Subdivision (aka Cherry Lane Office Park) by
Pinnacle Engineers1 Inc. - north of West Cherry Lane and west of North
Linder Road:
((Although the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter."
12. Public Hearing: Uodate on Buildina. Electrical. Fire Prevention and
Mechanical and Gas Code Amendments:
13. Public Hearing: Status of Funds for Meridian Area Senior Citizen
Center:
14. Public Hearing: AZ 05-014 Request for an Annexation and Zoning of
19.72 acres from RUT to a R~8 zone for Sicilv Subdivision by Landmark
Engineering and Planning - south of East Victory Road and west of South
Locust Grove Road:
15. Public Hearing: PP 05-016 Request for a Preliminary Plat approval of 74
building lots 5 other lots on 19.72 acres in a proposed R-8 zone for Sicilv
Subdivision by Landmark Engineering and Planning - south of East
Victory Road and west of South Locust Grove Road:
16. Public Hearing: CUP 05-021 Request for a Conditional Use Permit for an
addition for a gymnasium and commons area to existing junior I senior
high school for Cole Vallev Christian School Gvmnasium by CT A
Architects Engineers - 200 East Carlton:
17. Public Hearing: VAR OS-007 Request for a Variance for a reduction in off
street parking requirements for proposed gymnasium and commons area
for Cole Vallev Christian School Gvmnasium by CTA Architects
Engineers - 200 East Carlton:
18. Public Hearing: MI 05-005 Request for temporary approval for the
operation of a public charter school in a L-O zone while awaiting CUP
approval for Comoass Public Charter School by Compass Public
Charter School - 2511 West Cherry Lane:
19. Ordinance No.
Prooertv as Throuahwav Street:
: Use of Public or Private
Meridian City Council Agenda - June 21, 2005 Page 3 of 3
All materials presented at public meetings shall become property ofthe 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.
ITlON REPORT **
JUN 24
PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDl:l STATUS
24 06/24 16:53 2084664405 EC--S 01'28" 005 092 OK
25 06/24 16:558841159 EC--S 01'28" 005 092 OK
26 06/24 16:57 2088840744 EC--S 01'31" 005 092 OK
27 06/24 16:59 POLICE DEPT EC--S 01'27" 005 092 OK
28 06/24 17:01 8985501 EC--S 01'26" 005 092 OK
29 06/24 17:03 LlERARY EC--S 01'54" 005 092 OK
30 06/24 17: 05 92083776449 EC--S 01' 26" 12105 092 OK
31 06/24 17:07 3886924 EC--S 01'27" 005 092 OK
----=:_--~~~:~-=~~~:_~=~~~==--------------_::==:_--~=~:~~-~~:_----~::_---~~-----------------
l-"\f03C \i).~ t 11.'1 rU..o\.J...G' 1'Vl::' v... L"-"
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, June 28, 2005, at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. RolJ-call Attendance:
- Shaun Wardle Christine Donnell
- Charlie Rountree == Keith Bird
_ Mayor Tammy de Weerd
2. Pledge of AUegiance:
3. Community Invocation by Pastor Kevin Moyer, with Meridian First
Baptist Church:
4. Adoption of the Agenda:
5. Consent Agenda:
A. Resolution No. : VAC 05-004 Request for
a Vacation of platted easements for Krlsov Kreme Subdivision by
EagJe-FaiNiew Investment Co., LLC - Lot 1 of the Krispy Kreme
Subdivision:
B. Resolution No. : VAC 05-005 Request for
a Vacation of a portion of a 20-foot utility easement between Lots
20 & 21, Block 1, Stokesberrv Subdivision No.2 by Prop~rties
West, Inc. - west of North Eagle Road and north of River Valley
Street:
C. Development Agreement: AZ 05-003 Request for an Annexation
and Zoning of 76.72 acres to a R-3 zone for Kinasbridae
Subdivision by Vision First, LLC - 4070 South Eagle Road;
D_ License Aareement with NamDa & Meridian Irriaation District
for Ten Mile Drain (Glacier Springs Subdivision):
E. School Resource Officer Aareement between the Meridian
Police Deoartment and Meridian School District:
Meridian City Council Meeting Agenda - June 26. 2005 Page 1 of 5
All male rials presented at public meetings shall become property of the Cily of Meridian.
Anyone desiring accommodation for dIsabilities related to documents and/or hearing
pleaSEl contacllhe City Clerk's Office at 688-4433 at least 46 hours prior !o the public meeting.
f (eay- f!)sf
n- ?Vvpt/2 /~h
z.
-~
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of
Meridian and the Laws of the State of Idaho that the City Council of the City of
Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Avenue, Meridian, Idaho on Tuesday, June 21, 2005 at 7:00 p.m. for the
purpose of adopting the 2003 International Building Code, the 2003 International
Residential Code (Parts I-VI), the 2003 International Energy Conservation Code,
the 2005 National Electrical Code, the 2003 International Mechanical Code, and
Fuel Gas Code and the 2003 International Fire Code.
The new proposed codes may be viewed at the City Clerk's Office at 33
East Idaho Avenue, Meridian, Idaho and the Building Department at 660 East
Watertower Lane, Meridian, Idaho during regular business hours from 8:00 a.m.
to 5:00 p.m., Monday through Friday.
Any and all interested persons shall be heard at said public hearing, and
the public is welcome and invited to submit testimony. Oral testimony may be
limited to three {3} minutes per person. Written materials I testimony may be
submitted seven {7} days prior to the above hearing date so that all interested
parties may examine them prior to the hearing. All materials presented at public
meetings shall become property of the City of Meridian. Anyone desiring
accommodation for disabilities related to documents and I or hearings, please
contact the City Clerk's Office at 888-4433 at least 72 hours prior to the
meeting.
Dated this 9th day of June, 2005.
Publish June 13th, 2005
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of
Meridian and the Laws of the State of Idaho that the City Council of the City of
Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Avenue, Meridian, Idaho on Tuesday, June 21, 2005 at 7:00 p.m. for the
purpose of adopting the 2003 International Building Code, the 2003 International
Residential Code (Parts I-VI), the 2003 International Energy Conservation Code,
the 2005 National Electrical Code, the 2003 International Mechanical Code, and
Fuel Gas Code and the 2003 International Fire Code.
The new proposed codes may be viewed at the City Clerk's Office at 33
East Idaho Avenue, Meridian, Idaho and the Building Department at 660 East
Watertower Lane, Meridian, Idaho during regular business hours from 8:00 a.m.
to 5:00 p.m., Monday through Friday.
Any and all interested persons shall be heard at said public hearing, and
the public is welcome and invited to submit testimony. Oral testimony may be
limited to three (3) minutes per person. Written materials I testimony may be
submitted seven (7) days prior to the above hearing date so that all interested
parties may examine them prior to the hearing. All materials presented at public
meetings shall become property of the City of Meridian. Anyone desiring
accommodation for disabilities related to documents and I or hearings, please
contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public
meeting. "
J~
Dated this 9th day of June, 2005.
Publish June 13th, 2005
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of
Meridian and the Laws of the State of Idaho that the City Council of the City of
Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Avenue, Meridian, Idaho on Tuesday, June 21, 2005 at 7:00 p.m. for the
purpose of adopting the 2003 International Building Code, the 2003 International
Residential Code (Parts I-VI), the 2003 International Energy Conservation Code,
the 2005 National Electrical Code, the 2003 International Mechanical Code, and
Fuel Gas Code and the 2003 International Fire Code.
The new proposed codes may be viewed at the City Clerk's Office at 33
East Idaho Avenue, Meridian, Idaho and the Building Department at 660 East
Watertower Lane, Meridian, Idaho during regular business hours from 8:00 am.
to 5:00 p.m., Monday through Friday.
Any and all interested persons shall be heard at said public hearing, and
the public is welcome and invited to submit testimony. Oral testimony may be
limited to three (3) minutes per person. Written materials I testimony may be
submitted seven (7) days prior to the above hearing date so that all interested
parties may examine them prior to the hearing. All materials presented at public
meetings shall become property of the City of Meridian. Anyone desiring
accommodation for disabilities related to documents and I or hearings, please
contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public
meeting.
Dated this 9th day of June, 2005.
William G. Berg, Jr. - City Clerk
Publish June 13th, 2005