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
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A~ EE` . HOLMAN, CITY CLERK
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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
~~~~,~,
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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
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Michael Pecc Ino
.51cA Jo.~..
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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- ~~
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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
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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
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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~••
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RES'ffiINGAT: M.eXtdlG~,y
MY COMMISSION EXPIRES
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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
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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