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2011-03-01E IDIAN~--- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 01, 2011 at 7:00 PM (7:02 p.m.) 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Tim Pusey, Valley Shepherd Nazarene Not in Attendance 4. Adoption of the Agenda Adopted 5. Proclamation A. Skills USA Proclamation 6. Consent Agenda Approved A. Acceptance Agreement for Display of Artwork of Art Expressions in Initial Point Gallery from May 20 to June 17, 2011 B. Findings of Fact, Conclusions of Law for Approval: AZ 10-004 Pecchenino Annexation by City of Meridian Public Works Department Located 1955 N. Ten Mile Road Request: Annexation and Zoning of One (1) Acre of Land from RUT (Ada County) to R-4 (Medium Low-Density Residential) Zoning District C. Agreement for Connection of Domestic Water and Sewer Service And Installation of Fence Upon Annexation for the Property Located at 1955 Ten Mile Road (AZ 10-004) D. Final Order for Approval: TE 10-034 Jericho Subdivision by Washington Federal Savings Located 6055 & 6185 N. Jericho Meridian City Council Meeting Agenda -Tuesday, March 01, 2011 Page 1 of 2 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. Street Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat E. Final Order for Approval: TE 11-001 Baraya Subdivision by Dyver Development, LLC Located on South Side of W. Franklin Road Between N. Black Cat Road and N. Ten Mile Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat F. Resolution No. 11-773: A Resolution Adopting a Substantial Amendment to the Community Development Block Grant (CDBG) PY08 Action Plan Approved 7. Items Moved From Consent Agenda None 8. Department Reports A. Planning Department: Request for City Council Comments on Ada County Application B. Legal Department and Clerk's Office Joint Report: Conditional Use Permit Fee Waiver Request by Ilene Dudunake for A New Vintage Wine Shop Fee Waiver Granted 9. Ordinances A. Ordinance No. 11-1475: An Ordinance of the Mayor and City Council of the City of Meridian for Annexation of a Parcel of Land Known as the Pecchenino Parcel Located at 1955 North Ten Mile Road, Meridian, Idaho (AZ 10-004) Approved 10. Future Meeting Topics Resolution Appointing Matt Stoll to Seat No. 7 of the Meridian Parks and Recreation Commission Adjourned at 7:47 p.m. Meridian City Council Meeting Agenda -Tuesday, March 01, 2011 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ,~ Meridian Cit Council Meetin March 1 2011 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesda ,March Y 1, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jacy Jones, Anna Canning, Warren Stewart, Tracy Basterrechea, Joe Silva, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. _X David Zaremba X~Brad Hoaglun X Charlie Rountree _X Keith Bird X Mayor Tammy de Weerd De Weerd: Well, I would like to welcome all of you here this evening. We appreciate you being in attendance. For the record it is Tuesday, March 1st. It's a few minutes after 7:00 o'clock. We will start tonight's meeting with roll call attendance. ,~ Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Tim Pusey, Valley Shepherd Nazarene De Weerd: Item No. 3. Is Pastor Pusey here? I don't see him. Item 4: Adoption of the Agenda De Weerd: Okay. We will just move to Item No. 4, which is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On tonight's agenda just a couple items to note. Under the Consent Agenda Item 6-F, that resolution number is 11-773. And under Item 9-A, Ordinances, that ,-~,, ordinance number is 11-1475. So, with those items noted, I move adoption of tonight's agenda as presented. Meridian City Council March 1, 2011 Page 2 of 18 Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Skills USA Proclamation De Weerd: Item No. 5 is a proclamation and as I go down below -- I would like to first note that we have been in partnership in years past with this group and they represented us very well at nationals and certainly we were honored at that time that was with our Habitat For Humanity home that was first built here in Meridian. We were always very proud to say this was a home that was fundraised and the opportunity created by our youth and. it was built by our youth and I know that there is proud ownership of that home today because of the youth efforts and so that is one thing that we take a lot of pride in. I will read this proclamation. I will ask the teacher to come up and introduce the -- or have the students introduce themselves and tell the Council what their area of competition is and, then, I will go down there and present the proclamation. ,~ Okay? And I do have a City of Meridian pin for each of you as well. We appreciate you students being here with us. Okay. Whereas the City of Meridian is proud to recognize deserving citizens of this community, especially students who accomplish great things on behalf of their community, and whereas Skills USA Team Renaissance willingly performed numerous hours in planning and constructing a home within the Joint School District No. 2 during class time and weekends for a family in need and whereas Skills USA Team Renaissance have reached out to other community organizations, such as the Lion's Club, by constructing a child's playhouse at no cost for that organization and whereas the Mayor and City Council of the City of Meridian acknowledge Skills USA Team Renaissance and the efforts of their classmates and Mr. Mark Enger's residential construction class; therefore, I, Mayor Tammy de Weerd, of the City of Meridian do hereby proclaim March 1st, 2011, as Skills USA Team Renaissance Day in Meridian, Idaho, and call upon the people of our city and the Treasure Valley to celebrate the accomplishments of Skills USA Team Renaissance. And so with that I will turn it over to you and ask you to represent your team. Enger: Thank you, Madam Mayor. De Weerd: And you will have to do it in the microphone. Because we want this on the public record, you know. Enger: Thank you, Madam Mayor. I, myself, Mark Enger, as an adviser -- one of four ~ advisers for this particular team, Team Renaissance, has been very successful in the past years, which has been backed and supported by you folks, the Mayor, as well as Meridian City Council March 1, 2011 Page 3 of 18 ~~ the Council Members, as well as the city patrons of Meridian -- couldn't have done it without you. Plain and simple. And, obviously, you can tell I'm not really a public speaker and I can say, honestly, that, unfortunately, some of our members are not here this evening due to conflicts and some of those were successful members last year dealing with the national competition where we fortunately came in second place in the nation in our community service projects dealing with the Habitat For Humanity home. So, with that I'm going to turn it over to these fabulous young adults who are going to be, obviously, taking all of our places in time in the future and, hopefully, we will let them introduce themselves and their competitions. So, with that this is Team Renaissance. Thank you. De Weerd: Thank you, Mark. Enger: Come on up. McDonald: Is it working? De Weerd: You're just taller than it is. Worked for the teacher, not for the student. McDonald: Yeah. Hi. My name is Sam McDonald. I am second year student in the masonry program at Renaissance, a first year student in the construction program. I competed last year in the masonry program. Masonry won and won first place. I am r~ going to be competing this year in the masonry program, as well as job skills demo and I hope to compete again next year. De Weerd: Very good. Thank you for being here. McDonald: Thank you. Burmingham: I'm Josh Burmingham and this is my second year in the masonry program at Renaissance and I competed in Skills USA last year and I got second, so I'm going to compete this year and try and, hopefully, get gold this time and maybe go to nationals and we worked on the Habitat Humanity house for awhile and just trying to help out. De Weerd: Thank you, Josh. Cooper: Hello, Mrs. de Weerd. De Weerd: Hello. Cooper: My name is Zachery Cooper. I am also second year in the masonry program for -- yeah. Last year I did compete and I did place in third and I will be doing that again this year and the composition and I'm not yet assigned my job skills, so I will get back to .~~ you on that. Meridian City Council March 1, 2011 Page 4 of 18 ~~ De Weerd: Thank you, Zachery. Sipher: Hello. De Weerd: Hi. Sipher: I'm Danny Sipher and this is my second year in masonry. This is going to be my first masonry competition, though, so I'm pretty excited. Hope I do good. De Weerd: We appreciate you being here tonight. Sipher: Thank you. De Weerd: Thank you. Freeman: My name is Garth Freeman and I'm also part of the masonry program. It's my second year doing it and this is my first year competing, so, hopefully, try it out and like our teacher said we have worked on the Habitat Humanities house a couple times and it's fun working. I enjoy this. De Weerd: Thank you. Driscoll: My name is Lucy. Driscoll. I am competing in the firefighting competition. This is my first year. I am in the class for orientation to police, fire, and EMS. This is the first year it's been offered, so we are seeing how the program goes and we are also seeing how the competition goes. De Weerd: Very good. Thank you. Madsen: My name is Tiffany Madsen. I am also in orientation to police, fire, and EMS and this year I will be competing in the promotional bulletin board and this is my first year. De Weerd: Thank you. Buttars: My name is Ryan Buttars. I'm also president of this chapter. Last year I competed in masonry and chapter display. I went to nationals for chapter display and we placed fifth overall. And I plan on going again this year. De Weerd: Thank you, Ryan. Congratulations. Irminger: Hello. My name is Dillon Irminger. This is my third year as part of Team Renaissance. I am the secretary this year. The last two years I have competed in chapter display, winning state last year and being a -- I can't think of the word. I went to .~. nationals -- a substitute for nationals the year before we got fourth place. This year I'm planning on doing American spirit. Meridian City Council March 1, 2011 Page 5 of 18 .~ De Weerd: Thank you. I should have asked Dillon what does the America spirit mean? So, can you tell me what American spirit means? Irminger: Do you want me to go back up there? De Weerd: Yeah, Dillon, if you would. Didn't want to take away yourthunder. Irminger: Well, for American spirit is really having a pride for our country right now and doing whatever I can to better our country and that's my emphasis in the competition. De Weerd: And so your -- it's a speech, I assume? Irminger: It's a presentation more so of a team of three and we are just getting down to business and we are really hammering out the details right now. De Weerd: Okay. Well, thank you. Irminger: Thank you. Barber: My name is Kyle Barber and this is -- I am -- for the Team Renaissance I am the parliamentarian. This is my third year in the digital home technology course at our ,~,, school and this year I'm competing in the job skills demo -- Demonstration A. De Weerd: Thank you, Kyle. We always appreciate the parliamentarian. I probably need lessons. Harwig: My name is Jacob Harwig. I am a senior attending Meridian High School and the class I take at Renaissance is the residential construction class in which we built the home for Habitat. And the competition I'm competing in is Habitat -- or, sorry, community service and also will be introducing the teammate that took silver in nationals Trevor Pogue. He was unable to make it tonight. And we hope that he will lead us to a gold this year at nationals. De Weerd: All right. Good luck. McFadden: Good evening. Thank you for having us. I'm Shreela McFadden and this is my second year in residential construction at Renaissance and this year I am working on the Habitat home. And I am competing in community service for the first time, so I'm really excited. De Weerd: Very good. Thank you for being here. You want to wrap up and I will come down there. Enger: Absolutely. Again, I would like to thank the Mayor, as well as the City Council members for having us and taking a moment of your time. I know it's a very busy time Meridian City Council March 1, 2011 Page 6 of 18 of the year for, obviously, all legislative bodies throughout the entire state. I see on the news, unfortunately, all too much of the problems going on or concerns we will say dealing with the issue of legislatures and real tough decisions that need to be made and I feel for every single one of you folks on making those types of decisions. It's not easy, obviously. So, again, I want to appreciate and thank every single one of you folks for having us here. Mayor de Weerd -- so, thank you. Zaremba: While the Mayor is returning I would just like to add that I'm really impressed and I think our future is in good hands and appreciate what you're all doing as a group and individually. De Weerd: And good luck in your competition. Thank you. We expect a report back, by the way. Okay. Item 6: Consent Agenda A. Acceptance Agreement for Display of Artwork of Art Expressions in Initial Point Gallery from May 20 to June 17, 2011 B. Findings of Fact, Conclusions of Law for Approval: AZ 10-004 Pecchenino Annexation by City of Meridian Public Works ,~, Department Located 1955 N. Ten Mile Road Request: Annexation and Zoning of One (1) Acre of Land from RUT (Ada County) to R-4 (Medium Low-Density Residential) Zoning District C. Agreement for Connection of Domestic Water and Sewer Service And Installation of Fence Upon Annexation for the Property Located at 1955 Ten Mile Road (AZ 10-004) D. Final Order for Approval: TE 10-034 Jericho Subdivision by Washington Federal Savings Located 6055 & 6185 N. Jericho Street Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat E. Final Order for Approval: TE 11-001 Baraya Subdivision by Dyver Development, LLC Located on South Side of W. Franklin Road Between N. Black Cat Road and N. Ten Mile Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat F. Resolution No. : A Resolution Adopting a Substantial Amendment to the Community Development ,~,,, Block Grant (CDBG) PY08 Action Plan Meridian City Council March 1, 2011 Page 7 of 18 ~~ De Weerd: Okay. Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr, Hoaglun. Hoaglun: Just to note under Item 6-F, that resolution is number 11-773. And so I would move approval of the Consent Agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Hoaglun: And, Madam Mayor, that includes the Mayor to sign and Clerk to attest, of course. De Weerd: I appreciate that. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. ~ MOTION CARRIED: ALL AYES. Item l: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8; Department Reports A. Planning Department: Request for City Council Comments on Ada County Application De Weerd: So, we will move to Item No. 8 under Department Reports and I will turn this overtoMrs. Canning with the Planning Department. Canning: Thank you, Madam Mayor. I will let Mr. Stanfield represent his applicant's request and, then, I have a brief follow-up to his project. De Weerd: Okay. Thank you. Good evening. Canning: Good evening, Mayor, Members of the Council. I'm Scott Stanfield of Mason Stanfield Engineering, 826 3rd Street South in Nampa, representing the owner of the parcel Mr. Mike Mussel) who is here should you have any questions for him. Basically, ,-~, he owns the roughly 1.6 acres that is across Meridian Road from the Chicken Coop Storage facility between Victory and Amity and he's surrounded by several large parcels Meridian City Council March 1, 2011 Page 8 of 18 ~- that recently came in for an annexation into the City of Meridian and he agreed to join that annexation, but I believe these people that are between him and the city limits, they have not signed the annexation yet, so Mike's kind of in a conundrum where he has a buyer that's interested in buying portions of his building and operating an agricultural dairy related type laboratory. To do that he has to apply for a Conditional Use Permit in the county, because he's not in the city and he doesn't have an annexation path or else he would sign up and finish his own annexation. So, that's, basically, what I have here before you this evening is to just get your input and get your opinion. I know staff -- Anna has some ideas and some concerns and we will hear those out. Basically, we have tried to cover all the bases that we could think of. We met with the health district, because sewer is not available, nor is water, so we can meet the health issue requirements without any issues. We met with Matt Ward with ITD and we will be required to submit another access approach permit to utilize the existing approach, but ITD will only grant that on a temporary basis and Mike has agreed with ITD and this will be part of the application in the approach permit, that he joins in the overall access management for the entire area when -- if and when it annexes and develops. So, we are trying to cover all the bases and at the same time allow Mr. Mussel) to move ahead and bring another small commercial business into the Treasure Valley. So, with that I'll stand for any questions. Rountree: I have none right now. . De Weerd: Okay. Thank you, Scott. Stanfield: Thank you, Mayor. Canning: Madam Mayor, Members of the Council, the only concern staff has is that the annexation and development agreement have been approved and so there is a pending approval contingent upon the applicant signing the development agreement. So, after time that will expire, but we've probably got a full year and a half before that expires. So, we kind of have two jurisdictions at play here, because there is a pending annexation. I did have a representative from Hawkins Company call and say that they were in favor of this. They haven't provided written testimony, but they did verbally state that they were in favor of it and that they did not plan on signing the development agreement, because they were told it compromised their ability to sue for additional access points on Meridian Road. So, we may never see them actually sign that development agreement. I don't know. But it just puts this in an awkward place is all. De Weerd: So, Anna, what are the options? Canning: Well, we could just let it go through in the county and if for some reason it was annexed, then, when the site developed -- and I do have that concept plan, but when the site developed they'd have to redo the plan to accommodate this existing building, which it looks like it may be fairly new. That wasn't in the original plan. The ,~, original plan it's not. there is my understanding. The other option is to -- once they get approved in the county, for the city to take action and rescind the annexation approval. Meridian City Council March 1, 2011 Page 9 of 18 ~~ The third --those are, really, the two options. So, the first one we would just let the DA lapse after two years and, then, it would be automatically rescinded. De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If this had already been annexed would the use that's being proposed on the property be permitted in the city? Canning: That's a good question. I think it would -- Zaremba: Shall I repeat that? I wasn't on the microphone. De Weerd: Yeah. Would you repeat that. Zaremba: My question was if this whole property had already been annexed would the proposed use be permitted in the city. Canning: I don't know specifics on the use, but my general inclination would be to say ,~ yes, because it was the C-G zone, which is very permissive. If they are conducting it inside a building of this size and shape, it's probably not a full industrial use, one that would require an industrial zone to be in and the C-G and the I-L have a lot of overlap. So, I'm guessing. Sorry. I didn't think to look that up. But I would anticipate that it would be an allowed use. Zaremba: Great. Thank you. De Weerd: So, Anna, if this were to move forward under the county, I guess the --what I would have question in is once the development agreement was signed, provided it was signed, it would be annexed in the city. Could there be provisions that once annexation was in effect that certain improvements bringing it up to city code would be put in place or how do you deal with that? Canning: Madam Mayor, Members of the Council, I would suggest that you ask Mr. Stanfield to comply with our landscape ordinances and our parking design, because I think ours would work in the county. I don't think they conflict with one another. So, he may be amenable to designing it for future conformance with our code. The two codes aren't -- aren't very dissimilar. The difference would be the width of the landscape buffer. De Weerd: And I guess at the time a DA was signed is that when services would be ,.~ provided to this property? I guess -- Meridian City Council March 1, 2011 Page 10 of 18 ..~~ Canning: No. Probably services won't be pulled down to that portion of the site until the developer moves forward with -- with development of the property, because services are a little ways away. Let me bring up the concept plan. De Weerd: And Central District Health is good with that. Stanfield: They are good with it with certain restrictions and Ihave -- we have went over their restrictions and we can live with those restrictions. And while Anna is bringing that up, Mr. Mussell's ultimate plan -- he wants to be in the city now and he recognized that's the best use of the property, but, unfortunately, he can't. He wants services to be there and what he really wants to do is add onto the building and do a retail mixed use condominium plat. That's his long-term goal. And he can't do that until he's annexed into the city, because the county has already told him you can't add onto your building, because we are in the city's impact area. So, we don't have any problem with you suggesting any conditions to the county when they request formal input from the city, you know, complying with the Meridian landscape and parking standards, because the two are really close and when Mr. Mussell comes in when he's annexed some day in the future and redevelops, he would have to comply at that point anyway. So, it's in his best interest to bring it to code now. He's just -- he's stuck in the middle. He's not part of the -- De Weerd: It's frustrating. Stanfield: -- Hawkins, he's not part of the -- and he's ready to move ahead and he's a small fish surrounded by a bunch of big whales. De Weerd: I commend you for finding an interim use that -- that seems feasible until that time. Canning: Madam Mayor, I misspoke. It does look like the concept plan retained that building. De Weerd: Council, any other questions? Bird: Ihave none. Rountree: Madam Mayor, just a question for Anna with respect to the DA. Could it not specifically call out that lot, if you will? This particular lot and put some qualifications about it in terms of annexation and consideration of -- I mean they are, essentially, going to be an access point, so it's not going to -- they are not going to be in question if there is litigation about access. They are going to be right next to one. The only question is if Hawkins doesn't continue on with the annexation and my guess is that's not going to happen. I think they want to get that done. I don't know how long it's going to be before they get ITD to agree to the access points or not. But it seems to me if .~., that's included in that package and the DA was written in such a way as it would, you know, provide some provision for the separate ownership and separate applicability as Meridian City Council March 1, 2011 Page 11 of 18 .~, the conditions of the DA, that we could go ahead and finalize the annexation for this property in hopes that -- Canning: Madam Mayor, Members of the Council, Councilman Rountree, parts of that are -- will work and that's a great idea. We hadn't thought of that. There would be an opportunity -- we have in the past done development agreement modifications on development agreements that haven't actually been signed yet, so we have done that before. They could submit for a development agreement modification that would basically just pull it down to this site and we could attach a number of conditions associated with that development agreement. Once they signed it we'd have to hold it and wait for the larger parcel, because they don't have an annexation path. They are not contiguous. So, that portion of it -- we couldn't finalize the annexation, so to speak, because we couldn't actually annex them. But we could get a development agreement signed. Rountree: And, then, my next question is for Mr. Nary on the term of contiguous and my contention that it doesn't mean that they have to touch, but they just need to be adjacent to or near and actions the city's taken in the past with respect to nontouching annexation. Nary: Madam Mayor, Members of the Council, the courts in Idaho have not addressed that specific question directly on that. I think my -- I would agree with you that there ,,~,, have been occasions that cities, including this one, have annexed properties that were adjacent or near and have not been challenged to those, but the courts have never -- the courts in Idaho have not said one way or the other what that specifically means. When you look up the common meanings in -- whether it's Black's Law Dictionary or any other dictionary they all tend to be repetitive of themselves. So, they will say contiguous means adjacent and adjacent means near and near means contiguous. So, it's not very clear whether or not that's a problem. That's certainly something we could address if we need to. De Weerd: Mr. Nary, is your microphone on? Nary: Oh, it is not. I'm sorry. So, I guess to repeat, the answer is maybe. The courts in Idaho when we have looked at that question in the past have not had to address that directly, because they have not been challenged to that point to the Supreme Court that it's not annexable because it's not adjacent, contiguous, or near. The various legal doctrine we have looked at all interchange those words to mean the same thing. So, it's not clear to me that you couldn't annex something based on what you're asserting here that it is adjacent and near your city limits. The very few cases out there where you have the shoestrings and those kind of things, the courts have decided they aren't annexable, but that's because someone's objected to being annexed, not when it was consensually being annexed and someone else has objected to it, we haven't seen that case. Zaremba: Madam Mayor? Meridian City Council March 1, 2011 Page 12 of 18 De Weerd: Mr. Zaremba. Zaremba: I'm -- I'm in favor of this moving forward somehow. The one difficulty I see with annexation, even if we could say that it's near enough, is that upon annexation, then, we have to hook up to water and sewer and we don't have those available. So, I don't know of a solution, but I'm happy to recommend to the county that they approve it and request that they require what the applicant has already agreed to, that it matches our landscaping and parking plan. De Weerd; And it appears they have already done all these scenarios themselves and came up with probably the same conclusion you just did. Zaremba: And I'm sort of repeating what he said, so -- De Weerd: Council, any other creative ideas that maybe haven't been thought of? I don'tthinkthere are any. Stanfield: Okay. Well, we haven't -- what I will do now is move ahead with our formal applicant to the county. This is just an informal discussion we wanted to have and you'll get -- you know, obviously, you know, you will get your chance when the county remits the application down to you. We just wanted you to be somewhat prepared for it and ,~, give you time to think about it. De Weerd: Appreciate that heads up and I think our planning director probably has a good sense of -- of what comments the city would provide in support. Stanfield: Okay. Sounds reasonable. Bird: That would be my thinking. De Weerd: Okay. Stanfield: Thank you. B. Legal Department and Clerk's Office Joint Report: Conditional Use Permit Fee Waiver Request by Ilene Dudunake forA New Vintage Wine Shop De Weerd: Thank you. Okay. Our next item, Item 8-B, is with our Legal Department and Clerk's Office regarding our Conditional Use Permit fee waiver request by A New Wine or NewVintage Wine Shop. Nary: Thank you, Madam Mayor, Members of the Council. I'm going to also turn some ,,r•, of this over to Mrs. Canning from Planning about kind of how we got there, but, basically, what's in front of you is a request from New vintage Wine Shop for a waiver of Meridian City Council March 1, 2011 Page 13 of 18 ~~ fees for a Conditional Use Permit. They have been in operation for ten years. Yeah. So, ten years this year and the way they operate their business is -- sort of falls in between what the state code allows for serving of alcohol on their premise. They have a premise license, so they have the correct license to be serving alcohol, so they serve beer and wine in their shop. That's -- so, it's not a licensing issue or a problem. The problem is in our code for those types of establishments they need a Conditional Use Permit, because although they are not a bar and they don't look like a bar and they don't act like a bar, under our code they are a bar. and bars require conditional uses, unless they have a restaurant attached to it and they have a restaurant certification by the state, then, they need a conditional use. So, they have been in operation for a long time and, like I said, Mrs. Canning can explain kind of how we ended up getting there with them and there is the potential that at least one other licensee in the city may ask for the same consideration, Divine Wine, which is over near the Majestic Cinema, also operates in a similar fashion as New Vintage. So, wanted you to be aware of that, why they were asking, and we did ask the clerk's office to at least look at whether or not the Council would be interested, if you were to grant this waiver, that you would want to grant the entire waiver of the cost --there are some costs that are essentially staff costs that we would absorb if you grant a waiver. There are some costs that we actually have to expend as part of the conditional use process. Some of it is the noticing that's required, the newspaper noticing that's required, and I asked the clerk's office to at least give us an estimate of that cost and those would range for both supplies, postage, and printing costs, between 136 to 171 dollars would be just that cost and, again, for what .~~ it's worth, we thought the cost of us absorbing something is different than the cost of us actually writing a check to somebody else to provide a service. So, if the Council would be wanting to consider that, that's how those fees split up is 1,396 dollars is the fee for a Conditional Use Permit for the staff time that it takes and the hearings and processing the reports and all those things. And of that up to about 171 dollars of it is going to be staff time. If you want Mrs. Canning can give you kind of a little bit more background on how we got there with this discussion. And, then, the do next, the owners of New Vintage are here if you want to hear from them. Canning: Madam Mayor, Members of the Council, the applicants were curious and I'm sure you're curious, too, why after ten years of being in operation there was now a land use issue and to clarify or reiterate, it's never been a liquor license or a beer and wine issue, it's --they have always done that correctly. Here is what happened. Every year I sign off on the beer and wine licenses and my understanding of the liquor laws has increased over time and every year I get a little more uncomfortable when it comes to signing these applications as I learn a little bit more about, you know, what qualifies as a tasting. It's really a very small tasting. And just a little bit more about the state laws regarding liquor. The UDC allows me a little flexibility in my interpretations and because these were primarily retail stores, which I think everyone can agree with, I didn't see that a Conditional Use Permit was necessary for a drinking establishment. It was truly in this gray area. And Divine Wine came in shortly after I started work and my first question was, well, you know, what's New Vintage, how did we do that one, it was a retail store, okay, we will do a retail store again, knowing that they served some quantity of alcohol. But, again, the UDC gives me a little flexibility. Last year we had also sorts of strange Meridian City Council March 1, 2011 Page 14 of 18 ~~~ things come in. We had Brewphoria, which was kind of like a beer tasting place, which we weren't quite sure what to do with. They have taken kind of the restaurant route, so we were able to satisfy the land use issue by the fact that they serve a fair amount of food at that location. And, then, we had these salons that were coming in and wanted to serve wine while you were getting your pedicure and things like that and we finally said -- we collective from .legal and the clerks and planning, we -- and in code enforcement, we said, you know, we better really go talk to Council and find out what they want to us to do. So, you may remember last summer we came in and said, all right, what do you want us to do and you said, no, it's either a bar or it's retail sales. So, my flexibility and my ability in signing off on the liquor licenses kind of went away at that point. So, that's why we have contacted them and said these -- these particular two businesses and said we need you to get a Conditional Use Permit, but that's also why we are -- we can see the wisdom in waiving the fees, too, because they really haven't changed their operations at all, this is just a new requirement that we have put on them. De Weerd: Council, questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess maybe it's a wrinkle in the -- I think it's a state law now -- that a place .~. that is actually a bar has to have the servers licensed and trained and checked and stuff. Would that suddenly now apply to these two businesses as well? Canning: No. The land use approval is -- is separate from the beer and wine license approval. So, again, they have been operating completely within their beer and wine license and nothing would need to change. When they are serving they put up the signs that they need to put up, if they are serving throughout the store. They have always done everything they needed to as far as that. Just the land use approval is just my ability to sign off on the beer and wine license every year is really all it is. Zaremba: Madam Mayor? And a separate question is part of the CUP process is to measure the distance from establishment to any schools or churches. Is that likely to bean issue? Canning: No. Zaremba: Okay. Thank you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. ,~, Hoaglun: A question for Anna. Is there -- is your department looking at possibly putting these into a different category as other requests for approval come along? I mean I see Meridian City Council March 1, 2011 Page 15 of 18 ~~. it as a retail store that does serve a small amount for tastings or whatever and sampling and different things like that. But has there been discussion in your department to take a look and see if this is a different category that you can fit in that we can establish fees? Canning: Madam Mayor, Members of the Council, Councilman Hoaglun, we can and that's the question we asked Council last summerwas do you want us to do that and we are still happy to do that. It seems to make some sense, but it's going to be hard to draw that line and when do you cross over. De Weerd: So, I guess our -- is the suggestion bringing these into compliance, because they are somewhat grandfathered and -- and, then, to move forward with any new establishments that that would be the process that they have followed getting the CUP. Canning: Yes. De Weerd: okay. Canning: And the most recent one we have had is -- is Corkscrews and they came in and said we want to be a wine bar. They didn't say they wanted to be a wine store. So, we had them get a Conditional Use Permit. So, they are --they are squared away. ,,~, Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, they do have to have server training. To serve -- to serve beer and wine on their premise they have to have server training as well. De Weerd: Right. And that's under the -- Nary: That's city code. Yeah. That's part of their license requirements, so -- De Weerd: Mr. Rountree. Rountree: Madam Mayor, I don't have any questions. I think that this is an issue that we have created and I'm in favor of honoring the request to waive the fees and I would so move. Bird: Second. De Weerd: okay. I have a motion -- ~..,, Zaremba: Madam Mayor? Meridian City Council March 1, 2411 Page 16 of 18 ~, De Weerd: -- and a second and discussion with Mr. Zaremba. Zaremba: Discussion. I agree with the motion. I would like to clarify that that applies to the two establishments that we are talking about tonight and is not a precedent for other establishments. Bird: Mr. Chairman -- or Madam Mayor? De Weerd: Mr. Bird. Bird: The second deal, is it just for this one application? Because that's all wegot -- Canning: Mike. Bird: --that's all we got before us. I'm on. I'm on. De Weerd: Okay. Can you get closerto the mike, then? Thank you. Bird: Yeah. I believe that all we are voting on tonight is this one application. If the other one has to come in, then, that's another source that we take up. That's my personal opinion as a second. ,,~, De Weerd: We will ask the motion maker. Rountree: My intent was for what we have before us this evening. De Weerd: Okay. Zaremba: Thank you for the clarification. De Weerd: Any further discussion? The motion is to approve the item in front of you as printed in the agenda. Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Canning: Madam Mayor, clarification. I'm sorry. Did you mean the full cost or did you wa nt to -- Rountree: Yes. ~, Canning: Okay. Meridian City Council March 1, 2011 Page 17 of 18 r~ Item 9: Ordinances A. Ordinance No. : An Ordinance of the Mayor and City Council of the City of Meridian for Annexation of a Parcel of Land Known as the Pecchenino Parcel Located at 1955 North Ten Mile Road, Meridian, Idaho (AZ 10-004) De Weerd: Thank you. Okay. I'm 9-A is Ordinance 11-1475. I will ask Madam Clerk to, please, read this by title only. Jones: Thank you, Madam Mayor. An Ordinance AZ 10-004, Pecchenino, for annexation of a parcel located in the southeast quarter of the southeast quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada county, Idaho and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4, Medium Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada county assessor and the Ada county recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Ordinance No. 11-1475 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics Meridian City Council March 1, 2011 Page 18 of 18 ~ De Weerd: Item 10 is future meeting topics. I do have a resolution next week to be ut p on to put a new commissioner on the Parks and Recreation Commission and we will add that to next week's agenda. Is there any further business for consideration for future topics? Okay. Hearing none, Iwould -- Rountree: Move to adjourn. Bird: Second. De Weerd: I have a motion to adjourn. All those in favor say a e. All a es. Motion Y Y carried. MOTION CARRIED: ALL AYES. De Weerd: At 7:47. MEETING ADJOURNED AT 7:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ,, ~~~~ MAYO MMY De WEERD ,,,,~~~~~~~~t~,,,, DATE APPROVED .~ Q~ ,, ~' air ,~ ~o .. 1 ~ i ~ i AT T' ~~ A~ EE` . HOLMAN, CITY CLERK .~ ~ ~. ~ ,~~ =, 9 ~T 1ST , ~,~ ti ~~~~a!~rRr1~ ~~~~e~~~~ Meridian City Council Meeting ne•rG• Marrh 1.2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Skills USA Proclamation MEETING NOTES ---~,~,~,~ Q, e~ a t S San ~ ~ h'larK En9~- CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~-- R~~ .J Pie U`~ice a~ tie .Mar~vn Whereas, the City of Meridian is proud to recognize deserving citizens of this community, especially students who accomplish great things on behalf of their community; and, Whereas, Skills USA "Team Renaissance" willingly performed numerous hours in planning and constructing a home within the Joint School District No. 2 during class time and weekends for a family in need; and, Whereas, Skills USA "Team Renaissance" have reached out to other community organizations such as the "Lions Club" by constructing a child's play house at no cost for that ~., organization; and, Whereas, the Mayor and City Council of the City of Meridian acknowledge Skills USA "Team Renaissance "and the efforts of their classmates in Mr. Mark Enger's Residential Construction class; Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim March 1, 2011, as Skills USA "Team Renaissance" Day in Meridian, Idaho and call upon the people in the Treasure Valley to celebrate the accomplishments of Skills USA Team Renaissance. Dated this 1St day of March, 2011. Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Brad Hoaglun, City Council Meridian City Council Meeting ne-rF• March 1.2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Acceptance Agreement for Display of Artwork of Art Expressions in Initial Point Gallery from May 20 to June 17, 2011 MEETING NOTES ~~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: ~^ DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement) is made on the ~ day of t .i-~= 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Naomi Elton ("Organizer"), whose address is 2906 W. Val Vista, Meridian, Idaho, on behalf of Art Expressions, an organization informally organized under the laws of the State of Idaho ("Organization ). WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that artwork as depicted in the Proposal, be displayed in ~"'~ Initial Point Gallery; WHEREAS, at its regular meeting on December 21, 2010, by the passage of Resolution no. 10-762, the Meridian City Council adopted such recommendation and directed the Commission to work with Artists to establish a display of Artists' artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Organizer shall personally deliver to Initial Point Gallery, on May 20, 2011, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists and the Gallery Curator, approximately thirteen (13) paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on May 20, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point ~'"` Gallery from May 20, 2011 to June 17, 2011, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on June 17, 2011, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Organizer and the Gallery Curator. ACCEPTANCE AGREEMENT PAGE 1 INITIAL POINT GALLERY DISPLAY II. COMPENSATION AND SALE OF ARTWORK. .--• A. No compensation. Organizer shall display the artwork of the member artists of Organization ("Artists") in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer, Artists, or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Artists may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of artwork; any transaction related to the sale of artwork shall be handled solely by Organizer or Artists. Organizer acknowledges the Commission's request that Artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. n Organizer shall coordinate and/or provide the services described in this Agreement in a timely manner, as described herein. Organizer acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such ~ removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT' GALLERY DISPLAY PAGE 2 V. DISPLAY. A. Original artwork. Organizer and Artists warrant that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, mazketing, and public information. Where practicable and to the extent of City's authority, the artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artists' name. Organizer hereby conveys to City permission to use Organization's and Artists' names for purposes of advertising, marketing, and public information, without violation of Organization's or Artists' rights of privacy or any other rights Organization or Artists may possess under this Agreement, provided that City shall not use Organization's or Artists' logo(s), if any, for any purpose without the express, written permission of Organizer or Artists. D. Use of City's name. City hereby conveys to Organizer and Artists permission to use City's name for purposes of advertising, mazketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that neither Organizer nor Artists shall use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty- eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION. WAIVER AND INSURANCE. A. Indemnification. Organizer and Artists shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, n and from any and all losses and expenses caused or incurred by Organizer or Artists, their servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 ~-. B. Waiver. Organizer and Artists shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organizer's or Artists' performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artists' responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artists in the furtherance of Artists' respective rights or obligations described herein. Insurance of the artwork; of the Artists' persons, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessary insurance as may be required in order to protect Artists' insurable interests for their rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artists shall beaz any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. ~,,,\ A. Termination for cause. If City determines that Organizer or Artists have failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if any Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer or Artists. C. Termination due to death or incapacity. This Agreement shall automatically terminate upon the death or incapacity of Organizer. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. .~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that the organization and the Artists aze independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer or Artists and City or between Organizer or Artists and any official, agent, or employee of City. Both parties acknowledge that neither Organizer nor Artists aze employees of City. Organizer and Artists shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer and Artists shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor Artists shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlazged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require their artistic talent or expertise. Artists may subcontract or assign obligations that do not require their artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by ~"'~ United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE S Organizer: Naomi Elton Art Expressions 2906 W. Val Vista Meridian, Idaho 83642 (208)855-0308 eltoncnak@yahoo.com Ga11erX Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity. org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of Organization and all of its member Artists and principals. Organizer further warrants that she is authorized to bind Organization and its member Artists and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its member Artists and principals. K. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ^ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of _ ..~•rc~ , 2011. ART EXPRESSIONS: . ~ Naomi Elton f'iTY OF MERIDIAN: BY: /r~ G Tammy de rd, Mayor ~~ Attest: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A '"` Meridian Commission Call for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Halt (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application R Acknowledgements form; ~ Biography of the Artists or informational statement regarding organization; Letter of intent; - Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different Artists' work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION ~ ---- The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist Artists/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for Artists information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission i"~ Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: mac@meridiancity.org Meridian City Council Meeting DATE: March 1, 2011 ITEM NUMBER: 6B PROJECT NUMBER: AZ 10-004 ITEM TITLE: Pecchenino Annexation Findings of Fact, Conclusions of Law for Approval: AZ 10-004 Pecchenino Annexation by City of Meridian Public Works Department Located 1955 N. Ten Mile Road Request: Annexation and Zoning of One (1) Acre of Land from RUT (Ada County) to R-4 (Medium Low-Density Residential) Zoning District MEETING NOTES ~~ Yov~ n `7ro~~ck ~1e, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 1, 2011 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Agreement for Connection of Domestic Water and Sewer Service And Installation of Fence Upon Annexation for the Property Located at 1955 Ten Mile Road (AZ 10-004) MEETING NOTES P~~pro~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~3 ~~3 O+nq ~na1 -Eo Shex-ee - -~.b ~~~~,~, t ADA COUNTY RECORUtri ~nrisropner u. rocn Rmuuni ,uu ~~ BOISE IDAHO 03/02/11 12:48 PM f RECO DED nREQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII~II III Meridian City 11101893 '~` AGREEMENT FOR CONNECTION TO DOMESTIC -WATER AND SEWER SERVICE AND INSTALLATION OF FENCE UPON ANNEXATION: 1955 TEN MILE ROAD This AGREEMENT FOR CONNECTION TO DOMESTIC WATER AND SEWER SERVICE AND INSTALLATION OF FENCE UPON ANNEXATION is made this 22nd day of February, 2011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Treasea and Michael Pecchenino, whose mailing address is 1955 N. Ten Mile Road, Meridian, Idaho (hereinafter "Users") (collectively, "Parties"). WHEREAS, Users is the owner of pazcel number 51203449012, located at 1955 N. Ten Mile Road, Meridian, Idaho, in Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject Property"), which was annexed into the City of Meridian on February 22, 2011; WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and maintain a domestic water supply, and to protect the same from contamination, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the ~. adoption and enforcement of Title 9, Chapter 4, Meridian City Code; and WHEREAS, in or about June 2011, the City of Meridian seeks to install a reclaimed water line adjacent to Users's property line, and though such line will be installed in the public right-of--way, the installation thereof will necessitate disconnection of the septic system from the residence at Subject Property and disconnection of the private water well at Subject Property for domestic purposes, in turn requiring Users to connect the residence at the Subject Property to City domestic water and sewer systems; and WHEREAS, it is acknowledged by the Parties that, upon annexation, all of the benefits and responsibilities of residence within Meridian city limits shall apply to the Subject Property, including, but not limited to, the requirement that all real property and uses thereof conform to the provisions of Meridian City Code and policy, including, but not limited to, Title 11, the Meridian Unified Development Code ("UDC"); Title 4, Chapter 1, the City of Meridian Solid Waste Ordinance; and Title 9, the City of Meridian Water and Sewer Ordinance; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: AGREEMENT FOR CONNECTION OF DOMESTIC WATER AND SEWER SERVICE UPON ANNEXATION - 1955 N. TEN MILE ROAD PAGE l OF 7 ~ AGREEMENT FOR CONNECTION TO DOMESTIC WATER AND SEWER SERVICE AND INSTALLATION OF FENCE UPON ANNEXATION: 1955 TEN MILE ROAD This AGREEMENT FOR CONNECTION TO DOMESTIC WATER AND SEWER SERVICE AND INSTALLATION OF FENCE UPON ANNEXATION is made this 22nd day of February, 2011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Treasea and Michael Pecchenino, whose mailing address is 1955 N. Ten Mile Road, Meridian, Idaho (hereinafter "Users") (collectively, "Parties"). WHEREAS, Users is the owner of parcel number 51203449012, located at 19SS N. Ten Mile Road, Meridian, Idaho, in Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject Property"), which was annexed into the City of Meridian on February 22, 201 l; WHEREAS, the City is authorized by Idaho Code section SO-323 to develop, operate, and maintain a domestic water supply, and to protect the same from contamination, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; WHEREAS, the City is authorized by Idaho Code section SO-332 to operate and ,.~-.~ maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; and WHEREAS, in or about June 2011, the City of Meridian seeks to install a reclaimed water line adjacent to Users's property line, and though such line will be installed in the public right-of--way, the installation thereof will necessitate disconnection of the septic system from the residence at Subject Property and disconnection of the private water well at Subject Property for domestic purposes, in turn requiring Users to connect the residence at the Subject Property to City domestic water and sewer systems; and WHEREAS, it is acknowledged by the Parties that, upon annexation, all of the benefits and responsibilities of residence within Meridian city limits shall apply to the Subject Property, including, but not limited to, the requirement that all real property and uses thereof conform to the provisions of Meridian City Code and policy, including, but not limited to, Title 11, the Meridian Unified Development Code ("UDC"); Title 4, Chapter 1, the City of Meridian Solid Waste Ordinance; and Title 9, the City of Meridian Water and Sewer Ordinance; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: AGREEMENT FOR CONNECTION OF DOMESTIC WATER _.. ~ ~-. ^ n ^ . ^ PAGE 1 OF 7 t\ I. COMMITMENTS BY CITY. E~. SOLID-V[SION FENCE. 1. UDC PROVISIONS APPLY. Pursuant to UDC section 11-3C-4(A)(2), recreational vehicles, personal recreational items, boats, trailers and/or other vehicles that aze parked at a single-family residence like that currently situated at the Subject Property, shall be parked in the reaz or side yard and shall be screened by a solid fence, six feet (6') in height. Users do wish to pazk or store recreational vehicles, personal recreational items, boats, and/or trailers at Subject Property without compensation for such parking or storage, and therefore upon annexation any and all such vehicles shall be pazked in the reaz or side yard of the single-family residence at Subject Property, and such vehicles shall be screened from view of public streets abutting the Subject Property, i. e. N. Ten Mile Road and W. Hatch Court, by a solid vision fence. 2. USERS TO HIRE CONTRACTOR. Users shall hire Butte Fence, Inc. (2049 E. Wilson Lane, Meridian, Idaho) to install asolid-vision fence around the yards of Subject Property adjacent to N. Ten Mile Road and W. Hatch Court, which fence shall be completely installed by 5:00 p.m. on September 2, 2011. In order to comply with both the screening and the setback requirements of the UDC, such solid-vision fence shall be six feet (6') in height, except for that portion of Subject Property adjacent to W. Hatch Court, ,r-~ along which portion such solid-vision fence shall be three feet (3') in height. 3. CITY TO REIMBURSE USERS. Within thirty (30) days of receipt of invoice from Butte Fence, Inc. and W-9 form completed and signed by Users, provided that the fence is completely installed by 5:00 p.m. on September 2, 2011, and further provided that the costs thereof approximate the estimate set forth in Exhibit B hereto, City shall reimburse Users for the amount invoiced, not to exceed $4,620.49, which payment shall constitute City's total remuneration for all costs related to the installation of the fence around the reaz and side yards of Subject Property as required by the UDC and this Agreement. 4. BUILDING PERMITS. Users specifically agree that they will obtain, or ensure that Butte Fence, Inc. obtains, all necessary permits from City of Meridian Building Services prior to installation of the fence. Fees applicable to required permits shall be waived. 5. NONCOMPLIANCE. Users specifically acknowledge and understand that if the required screening is not completed and in full compliance with the UDC by 5:00 p.m. on September 2, 2011 as agreed herein, Users may be subject to civil and criminal penalties for noncompliance with UDC section 11-3C-4(A)(2) as set forth in UDC section 11-1-10. Users further acknowledge and understand that if building permits are not obtained for the installation of the screening fence, Users may be subject to civil and/or criminal penalties for noncompliance with the Uniform Building Code, as adopted by Meridian City Code section 10-1-1. AGREEMENT FOR CONNECTION OF DOMESTIC WATER AND SEWER SERVICE UPON ANNEXATION - 1955 N. TEN MILE ROAD PAGE 2 OF ~ B. DOMESTIC WELL AND SEPTIC SYSTEM DISCONNECT; CITY WATER AND SEWER HOOKUP. 1. WATER AND SEWER STUBS. City shall install a stub and meter from the City water system to Subject Property. A stub from the City sewer system to the property line has been previously installed adjacent to Subject Property. 2. USERS TO HIRE PLUMBER. Users shall hire U-Save Excavation (885 S. Locust Grove Road, Meridian, Idaho) to, by 5:00 p.m. on Wednesday, June 1, 2011, and in accordance with the regulations of the Idaho Department of Environmental Quality, Idaho Department of Water Resources, Central District Health Department, Meridian Public Works Department, and any and all other applicable rules or laws, complete the following: a. Disconnect the single-family residence at Subject Property from the private water well at Subject Property; b. Connect the single-family residence at Subject Property to the City meter and City water system; c. Disconnect and abandon the septic system at Subject Property; and d. Connect the single-family residence at Subject Property to the City sewer system. 3. CITY TO REIMBURSE USERS. Within thirty (30) days of receipt of invoice from U-Save Excavation and W-9 form completed and signed by Users, provided that such work is s~ completed by 5:00 p.m. on Wednesday, June 1, 2011, and further provided that such costs approximate the estimates set forth in Exhibit C hereto, the for these enumerated services, City shall reimburse Users for the amount invoiced, not to exceed $6,000.00, which payment shall constitute City's total remuneration for all costs related to these enumerated services. 4. BUILDING PERMITS. Users specifically agree that they will obtain, or ensure that U-Save Excavation. obtains, all necessary permits from City of Meridian Building Services prior to installation of the water connection. Fees applicable to required permits shall be waived. C. WAIVER OF WATER AND SEWER ASSESSMENT. City shall waive the applicable water and sewer assessment fees related to the connection of the existing single-family residence at the Subject Property to City services. D. PROVISION OF SERVICES. At all times relevant hereunder, City shall provide sewer and water services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. E. BILGING. City shall bill Users monthly for sewer and water usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. AGREEMENT FOR CONNECTION OF DOMESTIC WATER AND SEWER SERVICE UPON ANNEXATION - 1955 N. TEN MILE ROAD PAGE 3 OF ~ ~ F. RECORDATION. City shall record this Agreement, and shall submit proof of such recording to Users. G. TAXES. As payments made pursuant to this Agreement do not constitute income to Users, City will not issue IRS Form 1099 to Users. II. COMMITMENTS BY USERS. A. PAYMENT FOR C[TY SERVICES. Upon connection to the City's sewer and/or water systems, Users shall pay to City all applicable fees and costs for sewer, water, and gazbage services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Boazd of Adjustment under the procedures set forth in Meridian City Code therefor. B. ABANDONMENT OF WELL FOR DOMESTIC PURPOSES. Upon connection of the single-family residence at Subject Property to the City water system, Users shall immediately discontinue use of the private water well on Subject Property for domestic water purposes, except that such well may be utilized exclusively for the limited purpose of domestic irrigation of Subject Property. ,r•~ C. OPERATION AND MAINTENANCE. Upon connection to the City's water system, Users shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the water system between the water meter and the residence served by the City water system. Upon connection to the City's sewer system, Users shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the sewer system between the City sewer main and the residence served by the City sewer main. D. No CROSS-CONNECTION. Users shall abide by and comply with any and all applicable provisions of law, which shall specifically include compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which prohibit the installation and/or maintenance of across-connection to the City's water system. E. CONSENT TO ENTRY. Users shall, and hereby do, provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfaze, City shall provide Users at least twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may be posted at the Subject Property. AGREEMENT FOR CONNECTION OF DOMESTIC WATER AND SEWER SERVICE UPON ANNEXATION - 19SS N. TEN MILE ROAD PAGE 4 OF ~ '""~ III. GENERAL PROVISIONS. A. NONCONFORMING STRUCTURES. It is acknowledged by the Parties that Subject Property contains certain nonconforming accessory structures. Nonconforming accessory structures in existence on Subject Property as of the date of annexation of Subject Property may remain on Subject Property subject to the provisions of UDC section 11-1 B-5, and/or any and all similar ordinances subsequently adopted. Prior to any addition, alteration or modification of said nonconforming structures, Users shall consult with the City of Meridian Planning Department and City of Meridian Building Services Division to ensure compliance with all provisions of Meridian City Code. B. TIME IS OF THE ESSENCE. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision of this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. C. DEFAULT. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct ,•-.,~ the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. D. ENFORCEMENT. This Agreement shall be enforceable in any court of competent jurisdiction by either City or Users, or any respective successor(s) in interest thereof. An action at law or in equity shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to, termination of sewer, water, and/or garbage service to Users, to any successor(s) in interest, and/or to any users located on the Subject Property. E. NOTICES. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 Users: Treasea and Michael Pecchenino 1955 N. Ten Mile Road Meridian, Idaho 83646 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. F. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this AGREEMENT FOR CONNECTION OF DOMESTIC WATER AND SEWER SERVICE UPON ANNEXATION - 1955 N. TEN MILE ROAD PAGE 5 OF 7 ~'"'~ Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. G. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. H. 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 fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. I. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Users relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Users, other than as are stated herein. Except as ,,,.~ otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. J. NoN-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. K. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. L. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial ''~ advisor, or has had adequate opportunity to seek such advice. AGREEMENT FOR CONNECTION OF DOMESTIC WATER AND SEWER SERVICE UPON ANNEXATION - 1955 N. TEN MILE ROAD PAGE 6 OF 7 M. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~"\ 22nd day of February, 2011. USERS: /~ reasea Pecchenino •~, ~ r • • b; o• 1 , ,~. • ~, 1'(181! . ~ • •....• Michael Pecc Ino .51cA Jo.~.. •• 0'T AR~,,C~'~;• • 5, •w~,$. `, .,.~ , ~ . • ', G ,~ A .• •~~•.~~• CITY OF MERIDIAN: STATE OF IDAHO ) ss: County of A~ ) I HEREBY CERTIFY that on this ~ day of ~, before the undersigned, a Notary Public in the State of Idaho, personally appeared TREASEA PECCHENINO, proven to me to be the person who executed the said instrument, and acknowledged to me that she 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. N Public for aho Residing at ~ Y~~6E:~, ,Idaho My Commission Expires: > >,~~ T c7 STATE OF IDAHO ~ ss: County of ~_ ) I HEREBY CERTIFY that on this ~ day of ~_, before the undersigned, a Notary Public in the State of Idaho, personally appeared TREASEA PECCHENINO, proven to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. c Notary b is for Idaho Residing at ~1/A 10..1n ,Idaho My Commission Expires: ~ ~lJ~~(t ~{~ ~c-~1 ~ ~ i BY: r~~'~ ~~~~~ ammy de rd, Mayor AGREEMENT FOR CONNECTION OF DOMESTIC WATER AND SEWER SERVICE UPON ANNEXATION - 1955 N. TEN MILE ROAD PAGE 7 OF 7 Ex~uBiT A LEGAL DESCRIPTION ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN 19SS NORTH TEN MILE PARCEL A parcel located in the SE '/4 of the SE ~ of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly destxibed as follows: Commencing at an aluminum cap monument marking the northeasterly corner of said SE 1i of the SE '/. from which a brass cap manutnent marking the southeasterly comer of said SE '/. of the SE % bears S 0°18'S6" W adistance of 1321.44 feet; Thence S 0°18'56" 1~Y along the easterly boundary of said SE '/, of the SE ! a distance of 26.07 feet to the PaiNT OF BEGINNING; Thence continuing S 0°l 8'56" W a distance of I70.05 feex to a point marking the extension of the boundary of CHERRYL~4NE i~fLI.~GE ND 3 SUBDIT'ISION as shown in Book S8 of Plats at Pages 5473 and 5474 in tha affiicx of the Recorder, Ada County, Idaho; Thence leaving said easterly boundary S 89°58'40" W along said subdivision boundary a distance of 253.50 feet to an angle point in said subdivision boundary; Thencx N 0°18'56" E along said subdivision boundary and also the boundary of CHERRYL~AIVE ~.,~ YILLrlGE NO. S SUBDIVISION as shown in Book 69 of Plats at Page 7033 in said office of the Recorder a distance of 171.55 feet to an angle point in last said subdivision bavndary; Thence S 89°41'04" E along last said subdivision boundary a distance of 255.90 feet to the PUINT C}F BEGINNING. This parcel contains 1.00 acres. Prepared by: Glenn K, Bennett, FLS Civil Survey Consultants, Incorporated ~ ~f ~ ~ November 17, 2010- ~~ ~~ R'EVt PF~V'A1. ~ ~ rs 8Y ~ ~`rrt(~o ~ r ~ t B1 {C 2 ~~ ~ ~~ ~~ ~~ ~ ~~ » MERIa{AN Pt1 WORKS DEPT. EXHIBIT B FENCE ESTIMATE Butte Fence, Inc. '"'~~ 2049 E. Wilson Lane Meridian, ID 83642 Phone (208) 884-0203 Fax (208) 8848929 ID Cont. # RCE 2292 Nev. Lisa #0075048 Ore. Lisa. #158340 ID Public Works # PWC-C-15811-8-4 Quote To: Meridian City 33 E Broadway Ave. Meridian, ID 83642 Phone Fax Quote Bsr//t Rlght, Bir~f/t to Last Customer No.: MERIDIAN CIT Quote No.: 26082 Ship To: Meridian City 33 E Broadway Ave. Meridian, ID 83642 Date Shi .Via F.O.B. Terms 02/07/11 Payable Upon Receipt Purchase Order Number Sales Person Required Cuantity Nate Southern 02/07/11 Re wired Shi d g,0, /tam Number Description Unif Price Amount z9 BFPPIi 6' Panel Privacy Section 57.00 1653.00 6 BFPP3 3' Tall Panel Privacy White 48.95 293.70 33 wposTSxs 5x5x8' PAST White 17.00 561.00 6 WPOST5x5 5x5x5' POST 13,85 83,70 39 WS(]CAP5 5" FLAT POST CAP WHITE 1.25 48.75 2 BFG3'PPX5 119.95 239.90 3' Panel Privacy gate 5'wide 1 aFC~s~PPxa 6' Panel Prix Gate 4' to 6' 139.51 139.51 Wide 3.000 1NGPINST5X8 Gate Post Inserts 14 Gauge 24.76 74.28 End Post 3 ciHO2o-w STANDARD WHITE HINGE W 21.83 65:49 2" Wrap Around 2 cii.olaw STANDARD- WHITE LATCH 21.83 43.66 210.000 Professional Install 5.50 1155.00 includes concrete 210.000 Tear out and removal 1.25 262.50 4620.49 4620.49 Th/s bkl is based upon approximate footage. The final cost may vary accordMg io the actual product used and labor rsqulred to complete the job. Permits, sprinkler !Ines-and other unmarked floss are the customers responslbllity. Hard soil and dlgging condr"Kons maylncreasa the price oflabor. Any changes on the project must be approved and signed by the customer. This bid Js valid far 30 days #rom date given. Customer Signature Date EXHIBIT C WATER & SEWER ESTIMATE b A ~~ W ~. ~ ~ 0 Y V ~' ~~ y~~ ~ 1 iW ~ v .moo :~ 0 ~~~ ~ ~~ r _~ ~ vv" ~. 1 ~, ~. ~ h `S,~w° ~.- ~' `~ 40 ~ i~ Meridian City Council Meeting DATE: March 1, 2011 ITEM NUMBER: 6D PROJECT NUMBER: TE 10-034 ITEM TITLE: Jericho Sub Final Order for Approval: TE 10-034 Jericho Subdivision by Washington Federal Savings Located 6055 & 6185 N. Jericho Street Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES ~rov~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS X313 3 f ,3 - 3/3 O r~ q teal ~ ~ ~~ ecf- ~'i !e E~ ~It Meridian City Council Meeting DATE: March 1, 2011 ITEM NUMBER: 6E PROJECT NUMBER: TE 11-001 ITEM TITLE: Baraya Sub Final Order for Approval: TE 11-001 Baraya Subdivision by Dyver Development, LLC Located on South Side of W. Franklin Road Between N. Black Cat Road and N. Ten Mile Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES ~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO 3TAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS / -3 1~-~+ s ~ -~. Meridian City Council Meeting DATE: March 1, 2011 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Resolution No. ~~ - -1~ 3 A Resolution Adopting a Substantial Amendment to the Community Development Block Grant (CDBG) PY08 Action Plan MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. y~ r ~ ~~ _ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING A SUBSTANTIAL AMENDMENT TO THE CITY'S 2008 CDBG ACTION PLAN REGARDING THE EXPENDITURE OF AMERICAN RECOVERY AND REINVESTMENT ACT 2009 ECONOMIC STIMULUS FUNDS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SUCH PLAN AMENDMENT AND CERTIFYING DOCUMENTS ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 13, 2009, the United States House of Representatives and United States Senate passed the American Recovery and Reinvestment Act of 2009 ("ARRA"), under which Congress made supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization -which appropriations specifically include stimulus funds for those communities designated as Entitlement Communities under the Department of Housing and Urban Development ("HUD")'s Community Development Block Grant ("CDBG") program; WHEREAS, under ARRA, the City of Meridian, as an Entitlement Community, has been awarded $64,584, which funds are to be invested for the ARRA-enumerated purposes; WHEREAS, HUD, in a technical guidance document issued May 5, 2009, established ~ guidelines for the administration of these funds, under which regulations each Entitlement Community is to submit to HUD an amendment to its Program Year 2008 Action Plan describing the expenditure of such stimulus package funds, which amendment may be adopted pursuant to an abbreviated seven- day public comment period in lieu of the typical thirty-day public comment period for such amendment as provided by the City of Meridian's Citizen Participation Plan; WHEREAS, the City adopted, and HUD subsequently approved, the City of Meridian's Program Year 2008 CDBG Action Plan; WHEREAS, the City adopted and HUD subsequently approved an original substantial amendment to the PY08 Action Plan on June 2, 2009 for use of the ARRA funds, and the City completed the 8t" Street Pedestrian Bridge and Pathway Project identified in the substantial amendment in August 2010 for $24,565; WHEREAS, the City identified a second project, namely the W. 8`" Street Pedestrian Lighting Project, for use of the remainder of the ARRA funds that being $40,019; WHEREAS, the City did comply with its Citizen Participation Plan by holding a public hearing on the proposed amendment to the substantial amendment to the PY08 Action Plan on February 22, 2011, holding a public comment period from February 11 to February 22, 2011, which procedure complied with by the City's Citizen Participation Plan and with HUD's guidelines; ,..~ NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: RESOLUTION APPROVING SUBSTANTIALLY AMENDED PY08 ACTION PLAN Page 1 of 2 Section 1. That the Program Year 2008 Community Development Block Grant Action Plan, as .~ amended, a copy of which is attached hereto as EXHIBIT A and incorporated herein by reference be, and the same hereby is, approved as to both form and content. Section 2. That the Mayor and the City Clerk be, and hereby are, authorized to respectively execute and attest said materials constituting the Program Year 2008 Action Plan, as amended, for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of ~4, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this t day of X2011. APPROVED: n ~t RESOLUTION APPROVING SUBSTANTIALLY AMENDED PY08 ACTION PLAN Page 2 of 2 Meridian City Council Meeting DATE: March 1, 2011 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES ~C~2 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 1, 2011 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Planning Department: Request for City Council Comments on Ada County Application MEETING NOTES Sc o~--4- ~~..~cc.nf ~ ~e (c~ ~...(~ ~e.~ d~-t v S s ~e t ~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS a5a~ ~.y Professional Engineers, Land Surveyors and Planners ., ' "" '~-~='" - ` ~''' 826 3`d St. So., Nampa, ID 83651 ~~ ~~~~ f~ jn~ Ph (208) 454-0256 Fax (208) 454-0979 !! !! a-mail: sstanfield ~mseng.us February 14, 2011 Mrs. Anna Borchers Canning Planning Director 33 E. Broadway Ave. Meridian, ID 83642 Dear Anna; RE: ParcelS1225449030 4495 S. Meridian Road Ada County, Idaho On behalf of the owner, Mike Mussell, we request a discussion with the City Council at the next available meeting. ~ The subject parcel is approximately 1.6 acres and is currently zoned RUT and does not touch City limits. We understand it was included in an annexation request with adjacent properties. However, it appears the annexation process has not been completed. An agricultural related business contacted Mr. Mussell and they would like to purchase portions of the existing structure. The buyer wants to operate adairy/milk testing laboratory. The remaining portion of the building will be utilized as light office. We discussed this with Ada County staff and will soon submit a rezone request to them. This will be followed by a condominium plat. We also met with ITD and Central District Health. ITD anticipates conditioning the use of the existing approach based upon the parcel ultimately being included in the adjacent parcel/project master access plan. The Health District will allow the existing septic to be utilized for the stated uses with a condition that a maximum of 12 employees will be on-site. Additional employees will require an expansion to the existing septic. A written agreement with the Health District will be required. Ultimately, when the adjacent properties develop, Mr. Mussell wants to be a part of their annexation. He will agree to be included in the over-all access management plan. He will also agree to connect to City water and sewer when they are readily available. At that point, he plans to expand the current building and offer the citizens amixed-use of commercial services. Recognizing the size of the parcel limits the use, potential uses include light office, service based facilities such as a sandwich shop, a dentist office, etc. Mr. Mussell understands the long range goals that have been established for the Meridian Road corridor. As development reaches him, he will react accordingly. Until that time, he has the potential to bring a business to the Meridian area, while at the same time offering light office space to other tenants. Given the Valley's current high unemployment, this is the highest and best use of n the property. ,..~ anon ~,~ Professional Engineers, Land Surveyors and Planners Page 2 If you have any questions, please call me to discuss. Thank you. Sincerely, R. Scott Stanfield, P.E. Mason and Stanfield, Inc. ~"~ Meridian City Council Meeting DATE: March 1, 2011 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Legal Department and Clerk's Office Joint Report: Conditional Use Permit Fee Waiver Request by Ilene Dudunake for A New Vintage Wine Shop MEETING NOTES ~ le.ne. l~ V C,~ V ~ r~~--2, ~- rpv'~ V~l~~ve~ 6~ -~u ll Co~-- ~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 of 1 Jacy Jones From: Jaycee Holman Sent: Wednesday, February 23, 2011 9:35 AM To: Nancy Radford; Jacy Jones; Bill Nary; Anna Canning; Peter Friedman; Kristy Vigil Subject: FW: Conditional Use Permit Fee Wavier Jaycee L. Holman City Clerk City of Meridian (208) 888-4433 jholman@meridiancity. org From: Ilene Dudunake [mailto:ilenedude@yahoo.com] Sent: Tuesday, February 22, 2011 4:20 PM To: Jaycee Holman Subject: Conditional Use Permit Fee Wavier Jaycee, I am writing this email to you to ask if you would please consider waiving the fee of $1396.00 for the Conditional Use Permit for A New Vintage Wine Shop. We have been in business since May 16, 2001 and have been serving beer and wine in our wine bar since then. We hold both on-premise and off-premise licenses from the State, County ~"~ and City of Meridian. Due to the high cost of overhead for a small business the fee would be a financial hardship for my husband and I. I can only hope that you consider the waiver so we can continue to do business in Meridian. Sincerely, Ilene Dudunake A New Vintage Wine Shop 855-9230 2/23/2011 Page 1 of 1 Jacy Jones From: Jacy Jones Sent: Tuesday, March 01, 2011 6:22 PM To: Jacy Jones; Anna Canning; Peter Friedman; Bill Nary Cc: Jaycee Holman Subject: CORRECTION: A New Vintage Wne Shop Importance: High CORRECTION to my fast math below... The $31.00 noted for supplies included the postage costs so we can reduce totals by $13.02. This makes the range $136 - $171.00. Thanks all! Jacy Jones Deputy City Clerk City of Meridian iionesCa?meridiancitu.ora 208-888-4433 ext. 1393 From: Jacy Jones Sent: Tuesday, March 01, 2011 4:43 PM To: Anna Canning; Peter Friedman; Bill Nary Cc: Jaycee Holman; Jacy Jones Subject: A New Vintage Wine Shop Hello all, I visited with Jaycee Holman on this. Notices cost on average $105-$140 depending on the words used; most CUP notices are 1 paragraph and would cost on the low end of that scale. All agency notices/transmittals are processed electronically but we will still mail the notices to business and residences within the 300' radius. There are 31 notices that will be sent. Postage costs on those would be $13.02. Supplies to mail those notices including, paper, envelopes, and labels would be $31.00. A total amount of cost incurred associated with noticing for this application would be $149.02-$184.02. Jacy Jones Deputy City Clerk City of Meridian iionesCa)meridiancitu.ora 208-888-4433 ext. 1393 3/1/2011 Meridian City Council Meeting DATE: March 1, 2011 ITEM NUMBER: gq PROJECT NUMBER: ITEM TITLE: Ordinance No. ~~ -1 y ~-5 An Ordinance of the Mayor and City Council of the City of Meridian for Annexation of a Parcel of Land Known as the Pecchenino Parcel Located at 1955 North Ten Mile Road, Meridian, Idaho (AZ 10-004) MEETING NOTES f}`Y~,ro.r-~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 3/~3 3/3 ~~3 OY~CtIha~ "+0 f ~l.`(CGe " Co'at.( f'O ~~~„h~ - ~<<S~~ 3~~/~ 9~ ADA COUNTY RECORDER ChrisfApher D. Rich AMOUNT .00 BOISE IDAHO 03102111 1248 PM DEPUTY Bonnie Oberbillip III I'II'~~'II~III~'III'I'III'III'I'II RECORDED-REQUEST OF 11101592 Meridian City _ _ _ CITY OF MERIDIAN ORDINANCE NO. u - ~ y ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 10-004 - PECCHENINO) FOR ANNEXATION OF A PARCEL LOCATED IN THE SE 1/ OF THE SE '/ OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-4 (MEDIUM-LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Mike and Treasea Pecchenino. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-4 (Medium-Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION - PECCHENINO (AZ 10-004) Page 1 of 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote ofone-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 ~_ day of _~~.~. , 2011. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of MQ~ ~ , 2011. ~~~u~~ MAYO AMMY de WEERD .. -'~ r ATTEST: ,--> > `r-.; ' -~ `. ANNEXATION - PECCHENINO (AZ 10-004) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this ~_ day of ~~~ , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeazed TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~...... (SEAL) .•51GA_ JO~•• ~•g$oT AR~,~~. ,w • • ' ~. . • ~ ~ ~ ;, ,. . • A[1BL1C'' •~,9~;E OF 1~:• .,•~~~~. Y RES'ffiINGAT: M.eXtdlG~,y MY COMMISSION EXPIRES ~.ai W ANNEXATION - PECCAENINO (AZ 10-004) Page 3 of 3 A. Legal Description ANNEXATION DEBCRIPTION FOR THE CITY OF MERIDIAN 19SS NORTH TEN MILE PARCEL A paral located in the SE X of the SE ~ of 3a~ion 3, Township 3 Nord, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly deacxibed as follows: ~ ~ an ali~[p13m cap monument marlring the northeadeciy of said 3E /4 of the SE '/s from which a buss ap mommrent niarkiag the soirtheasteriy cormr of said SE 'k of the SE i/. bears S 0° 18'56" W a distance of 1321.44 fat; Thence 3 0°18'56" W along the easterly boundary of sad SE % of the SE ~. a distetux of 26.07 feet to the POINT OF BEGINNING; Tbence continuing S o°18's6" W a distance of 170.05 feet to a point ~8 the extension of the boundary of CHERRY I.~lIVE YILL~lGE N0.3 SUBDIVISION as shown in Book s8 of Plats at Pages 5473 and 5474 in the office of the Recorda~, Ada County, Idaho; Tbaice leaving said easterly botn~acy S 89°58'40" W along said subdivision boundary a distance of 255.90 feet bo an angle point in said subdivision boundary; ~ Thence N 0°18'56" E along said subdivision boundary and also the borndary of CHERRYIel1VE YILL~GE NO. S SUBDIVISION sa shown in Soak 69 of Plats at Page 7033 is said office of tlu Recorder a distance of 171.s5 fed to sa angle point in last said subdivision boundary; Theacx S 89°41'04" E along Est said subdivision bormdaty a distance of 255.90 fat to the POIIVT OF BEGII~TNING. 'This parcel contains 1.00 eats. Prepac+od by. Glean K Bassett, PLS civil survey consultants, Hrcorporatod November 17, 2010 REV1 a' 8Y ~~0~ M~~p ~C ~'"`~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 11-~~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for parcel located in the SE '/ of the SE 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 1.00 acres more of less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, ~rnE 'f` ~ way Avenue, Meridian, Idaho. This ordinance shall become effective on,~~ ~`~~~ .~': ;l.•lerc~~. _ , 2011. ~7 GU ~ZY Vr i.T_ ~.~'~ ~ D "`~z C" ~ ., City ian ~ .~ ~„ ~'_ ~ •-_. , Mayor ity Counci ' Q9 `~.~~~ r i S t :~,F; ~~,~ , By: Jaycee L. Holman, G'c~~ First Reading: ,~ - ~ - .Z o t1 ~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES ~ NO Second Reading: Third Reading: ----- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 11- ~ y`1 y The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 11- l y-t Hof the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of ~L~ , 2011. ~~~ ~ /+~ !' William. L.M. Nary City Attorney ORDINANCE SUMMARY - PECCHENINO (AZ 10-004) B. Map W ~ ~~ ~ ~ ,a 2~ ~y ~ ~ ~~ ~~ ~ ~ ,~ ~ H .ff'tZ1'l /M'„7~IiO~.~ s ~~~ .~ 1~.~ ty '~ ~+ An .L09L ,,S~D'OLt s tt ti o ~~ ~~ ~ ~ s O~ W~ ~~O ~~~ ~~ ~y~ ~ ~ ~ ~ ~ a~ ~ ~~~ o ~~ ~ ~ ~ g 3~ ~~ Q~ ~ ~ ~~ ~~ ~~ ~, ~ ~~ a~ ~~ ~~ ~o ~~ k ~ ,~'lll 3.9S,8/A N ~ z~ ~~ ~ ~ ~h ~y =~ Meridian City Council Meeting DATE: March 1, 2011 ITEM NUMBER: 1 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES 3~g` ill -- ~eS ~Y ~a{-t S-~-oi1 7 GpE1,p~n~Ih~ iv VcGC~ ~-' p~ ~ar1C-S -d- ~e C CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS