2012-06-05l~.,
~~ ~
CITY COUNCIL REGUL~4R
MEETING AGEN®~-
Tuesday, June 05, 2012 at 7:00 PM
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 Larry Woodward with Ten Mile Christian
Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Approve Minutes of May 16, .2012 City Council Special
Workshop Meeting
B. Approve Minutes of May 22, 2012 City Council Regular Meeting
C. Professional Services Agreement with Kings of Swing for
Musical Talent for Concerts on Broadway on July 21, 2012 for
a Not-to-Exceed Amount of $1,500.00
D. Professional Services Agreement with High Street
Entertainment, LLC for Musical Talent for Concerts on
Broadway on June 16, 2012 for aNot-to-Exceed Amount of
$2,600.00
E. Approval of Award of Bid and Agreement for "Chemical Feed
Building -Construction" to Irminger Construction for the Not-
To-Exceed Amount of $524,657.00
F. Approval of Award of Bid and Authorization to Issue and Sign
Purchase Orders for "RAS Reconfiguration Equipment" to
Multiple Vendors for the Following Equipment:
Wesco - $82,328.00 (Switchboard)
Meridian City Council Meeting Agenda -Tuesday, June 05, 2012 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Utility Management - $28,816.00 (Submersible Mixers)
Pacific Equipment - $163,200.00 (Vertical Turbine Pumps)
G. Approval of a Water & Sewer Easement for Zebulon Heights
Subdivision #5
H. Approval of a Multi-Use Pedestrian Pathway Easement for
Zebulon Heights Subdivision No. 5
Approval of Agreement for "Radio Path Design" to Brown &
Caldwell for the Not-To-Exceed Amount of $62,279.00
J. Modified Development Agreement for Approval: MDA 11-002
MclVelis Subdivision by Ten Mile Center, LLC Located
Northwest Corner of N. Ten Mile Road and W. Ustick Road
Request: Modify the Existing Development Agreement to
Reflect the Proposed Rezone; Modify uses Allowed on the Site
Consistent with the Unified Development Code (UDC) for the
Respective Zone Except for those Specifically Prohibited in
the Agreement; Update the Owner Information; and Remove
the Requirement for Conditional Use Permit Approval of uses
on Lots that Abut Ustick Road, Ten Mile Road and/or the Nine
Mile Creek
K. Final Order for Approval: CenterCal by Meridian CenterCal,
LLC Located Northeast Corner of N. Eagle Road and E.
Fairview Avenue Request: Final Plat Consisting of 15 Building
Lots on 80.1 Acres of Land in a C-G Zoning District
L. Findings of Fact and Conclusions of Law for Approval: SHP
12-002 Renewal Place by Meridian Development Corporation
Located at North Side of E. Broadway Avenue, Between N.
Meridian Road and N. Main Street Request: Short Plat
Approval Consisting of Three (3) Buildable Lots on 1.22 Acres
in an O-T Zoning District
6. Community Items/Presentations
A. City Scholarships Presentation Moved to June 1, 2012
B. Recognition of Historian Lila Hill, Recipient of the 2012 Award
of Merit for Individual Achievement from the American
Association for State and Local History (AASLH)
7. Items Moved From Consent Agenda None
Meridian City Council Meeting Agenda -Tuesday, June 05, 2012 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
8.
Action Items
A. Request for a Development Application Fee Waiver by Nunzio
Sgroi Approved
B. FP 12-009 Spurwing Greens No. 2 by Lion Land LLC Located a
Quarter Mile North of Chinden Boulevard; East of N. Jayker
Way Request: Final Plat Consisting of 24 Residential Building
Lots and Two Common Lots on 16.87 Acres in an R-2 Zoning
District Approved
C. Continued from May 22, 2012 Public Hearing: AP 12-002 by Joe
Palmer Located 1524 N. Meridian Road Request: City Council's
Review of the Director's Denial of a Certificate of Zoning
Compliance Verification (CZCV 12-006) for a Residence
Located in a Retail Store Approved with Conditions
D. Public Hearing: AZ 12-001 Ustick LDS Stake Center by Church
of Jesus Christ of Latter-day Saints Located at 3775 E. Ustick
Road Request: Annexation of 7.67 Acres of Land from RUT
(Ada County) to the R-8 (Medium Density Residential) Zoning
District Approved
9.
10.
Department Reports
A. Police Department: Budget Amendment for Lobby Floor Tile
Work Not to Exceed $40,000.00 Approved
B. Police Department: Budget Amendment for Ventilation Repair
for aNot-to-Exceed Amount of $30,000.00 Approved
Ordinances
A. Ordinance No. 12-1515: An Ordinance of the Mayor and City
Council rezoning of property situated in Section 22, Township
4 North, Range 1 West, Meridian, Idaho known as the Tree
Farm (MI-07-004) to R-2 (Low Density Residential District), R-8
(Medium Density Residential District), R-15 (High Density
Residential District), C-C (Community District), and C-N
(Neighborhood Business District) in the Meridian City Code
Approved
11. Future Meeting Topics None
Meridian City Council Meeting Agenda -Tuesday, June 05, 2012 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
12. Amended ®nt® Agenda ~es~i®n Per Idaho Mate ~®de 67®2345
(1)(d): (d) T® C®n~ier ec~rs That Are Exempt r® isel~sure A~
r®vided In Chapter , Title 9, Idah® C®de
Int® xecutive 5e~~i®n at 3:45 p.m.
ut of Executive ~e~~i®n at 9:44 p.rn.
Adj®urned at 9:44 p.rn.
Meridian City Council Meeting Agenda -Tuesday, June 05, 2012 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council June 5, 2012
A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, June
5, 2012, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun
and Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bruce Chatterson, Bill
Parsons, Jeff Lavey, John Overton, Parry Palmer, Clint Dolsby, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba
X Charlie Rountree
X Brad Hoaglun
X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Thank you for your patience. I will go ahead and get tonight's meeting, the
regular scheduled meeting, for the City Council in order. For the record it is Tuesday,
June 5th. It's five minutes after 7:00. We will start with roll call attendance, Madam
Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our pledge to the flag. If you will all stand and join us in the
pledge.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Larry VI/oodward with Ten Mile Christian
Church
De Weerd: Item No. 3 is our invocation. Tonight we will be led by Larry Woodard with
Ten Mile Christian Church. If you will all join us in the community invocation or take this
as an opportunity for a moment of reflection. Thank you for joining, Larry.
Woodard: Good to be here. You folks are to be complimented on the recent senior
center and now the park this Friday. Things are going well. And I just wanted to quote
from Proverbs 11:10-11. It says that when good people prosper the city rejoices. And
through the blessings of law abiding citizens a city is exalted. I thought that might apply
tonight. But just today (read a -- a prayer given by the chaplain the day before the
landing on Iwo Jima and I thought that of guys and it went like this: Oh, Lord God, you
know we are going to be busy tomorrow. We may forget you, but don't you forget us.
And so tonight as I pray we won't -- we will pray that he won't forget. Our dear
Heavenly Father, you know, we live in one of the best cities for raising children. Our
Meridian City Council
June 5, 2012
Page 2 of 37
prayer is to bless our teachers, our schools, our churches, our police, our firemen, our
EMTs and all the city workers who make this a great place to live. As our city recovers
from a long economic depression we ask that you give our Mayor and City Councilmen
and those who work in city government sound judgment, good health, and a renewed
commitment to serve our citizens. We are a city of faith and we pray for our leaders,
churches, and the many volunteer groups that make this a great city. Bless the Mayor
and the City Council tonight, in Jesus' name, amen.
Item 4: Adoption of the Agenda
De Weerd: Thank you for joining us. Item No. 4 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple items to change on our schedule for this evening. Under Item 6,
Community Items/Presentations, 6-A, there is a request to move that to next week, so
June 12th, 2012, for that item. Under Item 10-A, the ordinance number is 12-1515, and
we need to add in an Executive Session at the conclusion -- at the end of our meeting
tonight and that would be under Idaho Code 67-2345(1)(d) that we would be meeting
under. So, Madam Mayor, I move adoption of the agenda as amended.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda Approved
A. Approve Minutes of May 16, 2012 City Council Special
Workshop Meeting
B. Approve Minutes of May 22, 2012 City Council Regular Meeting
C. Professional Services Agreement with Kings of Swing for
Musical Talent for Concerts on Broadway on July 21, 2012 for
a Not-to-Exceed Amount of $1,500.00
D. Professional Services Agreement with High Street
Entertainment, LLC for Musical Talent for Concerts on
Broadway on June 16, 2012 for aNot-to-Exceed Amount of
$2,600.00
Meridian City Council
June 5, 2012
Page 3 of 37
E. Approval of Award of Bid and Agreement for "Chemical Feed
Building -Construction" to Irminger Construction for the Not-
To-Exceed Amount of $524,657.00
F. Approval of Award of Bid and Authorization to Issue and Sign
Purchase Orders for "RAS Reconfiguration Equipment" to
Multiple Vendors for the Following Equipment:
Wesco - $82,328.00 (Switchboard)
Utility Management - $28,816.00 (Submersible Mixers)
Pacific Equipment - $163,200.00 (Vertical Turbine Pumps)
G. Approval of a Water Sewer Easement for Zebulon Heights
Subdivision #5
H. Approval of a Multi-Use Pedestrian Pathway Easement for
Zebulon Heights Subdivision No. 5
I. Approval of Agreement for "Radio Path Design" to Brown ~
Caldwell for the Not-To-Exceed Amount of $62,279.00
J. Modified Development Agreement for Approval: MDA 11-002
McNelis Subdivision by Ten Mile Center, LLC Located
Northwest Corner of N. Ten Mile Road and W. Ustick Road
Request: Modify the Existing Development Agreement to
Reflect the Proposed Rezone; Modify uses Allowed on the Site
Consistent with the Unified Development Code (UDC) for the
Respective Zone Except for those Specifically Prohibited in
the Agreement; Update the Owner Information; and Remove
the Requirement for Conditional Use Permit Approval of uses
on Lots that Abut Ustick Road, Ten Mile Road and/or the Nine
Mile Creek
K. Final Order for Approval: CenterCal by Meridian CenterCal,
LLC Located Northeast Corner of N. Eagle Road and E.
Fairview Avenue Request: Final Plat Consisting of 15 Building
Lots on 80.1 Acres of Land in a C-G Zoning District
L. Findings of Fact and Conclusions of Law for Approval: SHP
12-002 Renewal Place by Meridian Development Corporation
Located at North Side of E. Broadway Avenue, Between N.
Meridian Road and N. Main Street Request: Short Plat
Approval Consisting of Three (3) Buildable Lots on 1.22 Acres
in an O-T Zoning District
De Weerd: Item 5 is our Consent Agenda.
Meridian City Council
June 5, 2012
Page 4 of 37
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: No items to note on the Consent Agenda, so I move approval of the Consent
Agenda and Mayor to sign and Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. 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.
Item 6: Community Items/Presentations
A. City Scholarships Presentation
De Weerd: Okay. Under Item 6, Community Presentations, we will move the city
scholarships presentations to next week. Two of the three were able to come tonight,
but we wanted to do them all at the same time. The fourth one will not be present until
August when she gets back from her summer obligations.
B. Recognition of Historian Lila Hill, Recipient of the 2012 Award
of IVierit for Individual Achievement from the American
Association for State and Local History (AASLH)
De Weerd: So, we will move to Item 6-B under recognition of Lila Hill and I do have
some information first that I would like to read. I know that everyone up on this Council
knows Lila Hill. She is our local historian and has been an integral part of our
community for some time. She has lived in the Meridian area since 1954 and she has
served our community every moment since she has been here. Lila is the driving force
in making the history of the City of Meridian more accessible to the public and certainly
has enriched our community as we have grown from a very small town to the city that
we are today. She is the founding member of the Meridian Historical Society and has
retained the position of director of research and served terms as president and vice-
president as well. In 1986 Lila co-authored a book, They Came To Build A Community,
with Reverend Glen Davidson. This book does remain one of the primary sources on
the effects of the Homestead Act on Ada county and southwest Idaho. Lila read and
copied the Statesman, the Capital Evening News, from 1893 to 1909 before the
Meridian paper was recorded on film and this research has been compiled into before
the Times and contains collated newspaper extractions and other records and is the
Meridian City Council
June 5, 2012
Page 5 of 37
only complete source of these early records for our area. Lila writes every week in the
Valley Times, Before The Times, which is gratis and has been doing so since 1997. Lila
worked with Johnson Architects on the historical and interpretive plagues that were
located in -- that are located in Meridian City Plaza. These plagues do focus primarily
on key history influences that help define and shape this community. The creamery, the
village irrigation, the urban route -- inter-urban route and the railroad. Lila has also
been instrumental in demonstrating the need for our local history center. We are not
going to call it a museum, because then we need a curator, but it is a history center and
it has been joined by a number of people who have exclaimed after they have had the
opportunity to walk through it, what an asset it is to this building and what an amazing
collection it is in depicting our history for our community. The history center maintains
and enables the public to view a number of different artifacts and publications that are
specific to our vibrant history. Lila offered her time and expertise in the filming of
Meridian, A Walking Tour. It's a DVD production that features some of the historic
structures in the downtown area. She has also insured the walking tour program was
updated and documented and the brochure form, so citizens can pick up these
brochures and experience that walking tour kind of self-guided. Recently Lila received
the 2012 Orchid Award and that was available through Preservation Idaho and it really
did help offset a previous recognition of that same organization that we will not talk
about. The American Association for State and Local History bestows the leadership
and history awards to establish and encourage standards of excellence in the collection,
preservation, and interpretation of state and local history in order to make the past more
meaningful to all Americans. This award is given to one individual annually to recognize
their superior and innovative achievements. The award recipients demonstrate years of
excellence in their field and serve as an inspiration to others in their field. Lila is a
recipient of the 2012 award of merit for individual achievement from the American
Association for State and Local History and the leadership and history award ceremony
takes place in September in Salt Lake City at their annual yearly conference. But we
wanted to make sure that we gave Lila recognition in the place that really matters and
that is here in the community that she works long and hard and very diligently to serve.
So, if you will, please, join in showing our appreciation to Lila for everything that she
does for our community I would greatly appreciate it.
Hill: I have something for all of you up there. The early village minutes are in
handwritten form, very creatively spelled, because the man was willing, but not well
educated, as were not many people in those years and so the spelling is a challenge
and Rosie did her very best to make it just exactly the way it was. So, here is your
printed copy of the Village minutes 1903 to 1931.
De Weerd: Now, Lila, that is the shortest remark that you have ever made. You could
at least tell us a little bit about the recognition you got with the Orchid Awards and,
again, congratulations.
Hill: The Orchid Award was very well done. Everything moved smoothly. They gave
each of us in our category our certificate, but when we went in for lunch on the table
they had tall crystal vases with orchid -- fake orchid stems in them and onions on the
Meridian City Council
June 5, 2012
Page 6 of 37
table.
De Weerd: I'm glad you got the orchid and not the onion.
Hill: Well, we kept the onion. You know --
De Weerd: Oh, thank you.
Hill: You and I protested vehemently for what good it did, but also then this last week I
discovered when I opened my computer that in 2013 I will receive from Global United
Methodist Church their Ministry of Memory award from the Methodist Historical Society.
You didn't talk about all the things I have done in that effort and so it's been -- once my
kids left home I had time and it's been fun.
De Weerd: Well, Iwill -- I know I speak on behalf of the City Council and everyone that
resides in this community or has in the past, we appreciate the part of history that you
work so diligently to keep alive and right in front of us, so we remember the roots of our
past as we continue to focus on our future. So, I know this comes from your heart, Lila,
we greatly appreciate all your efforts. You have been steadfast in serving as our
historian. You and Frank certainly are two great stewards of our history and we
appreciate everything that you do.
Hill: And I see Brad's got his nose in the minutes and I hope he's noticing that they
didn't read the ordinances twice, they just said we will delete the first reading and we will
go right ahead and vote on it and so they got things done in very short order. But I don't
think you can do that anymore.
De Weerd: Probably not.
Hill: Thank you.
De Weerd: Thank you.
Rountree: Thanks, Lila.
De Weerd: And congratulations. Well deserved.
Hoaglun: I have to say, Mayor, Lila is very -- very correct about the spelling and she did
an excellent job of going word for word of what was said. It's very interesting, so --
De Weerd: I don't know much longer Dean will let you speak from the seat, but --
Hoaglun: It probably pained her not to correct some of this I'm sure, so --
De Weerd: But thank you. And I would like to recognize that our historical preservation
members are here to see this recognition to our -- our chair who will be retiring soon.
Meridian City Council
June 5, 2012
Page 7 of 37
We appreciate your diligence in serving the HPC for many years and for all of you. All
of your efforts are greatly appreciated. And Lila has already been tasked, as we look at
our 150 years, we have our own community celebration to look at and to commemorate
what role we have played in the state during those 150 years. So, I know Lila is already
diligently assigning tasks and research, so we look forward to rolling out our
community's plans for a celebration next year. So, thank you for being here. Anything
else from City Council? Okay. Thank you.
Item 7: Items (Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Action Items A. Request for a Development Application Fee Waiver
by Nunzio Sgroi
De Weerd: So, we will go into Item 8, Action Items. Our first item up is 8-A and I will
turn this over to staff at this time.
Friedman: Thank you, Madam Mayor, Members of the Council. You have before you a
request from Nunzio Sgroi for waiver of fees for a development agreement modification.
As Council will recall, a few weeks ago Mr. Sgroi was before, you requesting an
amendment to his development agreement wherein it was originally approved for an
assisted living facility and he is desirous of amending that development agreement and,
then, coming back through and, essentially, establishing the use of the property for
single family residential. At that time the Council chose to deny that request for the
development agreement modification. Mr. Sgroi -- and, subsequently, after
reconsideration, that was denied -- he is intending to come back with another
development -- request for development agreement modification. He provided a letter
to you stating his reasons for requesting the fee waiver and he is in attendance tonight if
you have any questions for him.
De Weerd: Okay. Council, you have the request in front of you. Do you have
questions for staff or the applicant?
Rountree: Madam Mayor, I have a question for Pete.
De Weerd: Okay.
Rountree: Pete, given there was a previous request for development modification, can
this request be tagged onto that? I know it's separate, but it was all about modifying the
development agreement and trying to find out what the right combination was going to
be.
Friedman: Madam Mayor, Members of the Council, Council Member Rountree, given
the fact that the Council voted to deny his development agreement modification request
and, then, his request for reconsideration, unfortunately, it would be a new application to
Meridian City Council
June 5, 2012
Page 8 of 37
come back to you. A good part of that is that most of the leg work and background work
is done, so it really would just be a matter of reviewing what he is proposing, kind of
packaging that up, analyzing it, and getting it to you for your consideration.
De Weerd: And, Pete, he has already paid it once.
Friedman: He has paid it once. That's correct, Madam Mayor.
De Weerd: Okay. Any other questions from Council?
Rountree: I have none.
Bird: I have none.
De Weerd: Okay. Any information needed from the applicant that's not contained in the
letter?
Rountree: Well, there is a question I would like to ask, but it's not related to this
request, so --
De Weerd: Okay. Well, let's keep it relevant.
Rountree: Madam Mayor, Iwould -- based on the letter and the activities we have had
on this particular application, I believe there was some resolve here with this project, it's
just that we could never strike the balance between the adjacent neighbors and the
applicant. I have a sense that that's been done and I would suggest that we waive the
fee -- grant the request and my motion would be to grant the request of the applicant to
waive the fees.
Bird: Second.
De Weerd: Okay. I have a motion and a second. Any 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.
B. FP 12-009 Spurwing Greens No. 2 ny Lion Land LLC Located a
Quarter It~ile North of Chinden Boulevard; East of N. Jayker
Way Request: Final Plat Consisting of 24 Residential Building
Lots and Two Common Lots on 16.87 Acres in an R-2 Zoning
District
Meridian City Council
June 5, 2012
Page 9 of 37
De Weerd: Item 8-B is on FP 12-009. I will ask for staff comments at this time.
Parsons: Thank you, Madam Mayor, Members of the Council. The application before
you this evening is a final plat for Spurwing Greens Subdivision No. 2. The subject
property consists of 16.87 acres and is currently zoned R-2 in the city. The property is
located a quarter mile north of Chinden -- West Chinden Boulevard and east of North
Jakers Way. The applicant is proposing a 24 lot subdivision and two common lots.
Before you here is the approved preliminary plat and I have highlighted what area or
what portion of the plat that they are proposing to plat with the subsequent final plat.
This is the fourth final plat for Spurwing Greens preliminary plat and, then, the gross
density for this phase is 0.7 dwelling units to the acre and the average lot size is
approximately 22,000 square feet. The lot size -- or the proposed open space consists
of 1.725 acres. Contains mainly a 1.53 acre open space lot that you see before you
right now. The applicant has been conditioned to amend the landscape plan to add the
parkways and an additional common lot that isn't shown here. I have received
comments from the applicant. They are in agreement with the conditions of approval in
the staff report. To staff's knowledge there aren't any outstanding issues before you this
evening . And with that I would be happy to answer any questions you may have.
De Weerd: Okay. Thank you, Bill. Any questions for staff?
Rountree: I have none.
De Weerd: I see the applicant is in agreement. Do you have any comment? Okay.
Council, what's your preference?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the -- Item 8-B, final plat 12-009, Spurwing Greens
No. 2.
Bird: Second.
De Weerd: Motion and a second to approve Item 8-B on FP 12-009. If there are no
comments, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
C. Continued from nnay 22, 2012 Public Hearing: AP 12002 by Joe
Palmer Located 1524 N. IVieridian Road Request: City Council's
Meridian City Council
June 5, 2012
Page 10 of 37
Review of the Director's Denial of a Certificate of Zoning
Compliance Verification (CZCV 12-006) for a Residence
Located in a Retail Store
De Weerd: Thank you. Item 8-C is continued from May 22nd on AP 12-002. I will ask
for stafF comments at this time.
Friedman: Thank you, Madam Mayor, Members of the Council. The request before
you is a review of the director's decision to deny a certificate of zoning compliance
verification for the establishment of a residence in a commercial building located in a
community business or a C-C zone district. Currently, the only forms of residential that
are allowed in that zoning district are multi-family or vertically integrated residential.
When the city became aware of the use of a portion of Cherry's Consignment Home
Furnishings at 1524 Meridian Road, they were contacted by code enforcement and
encouraged to come into the city and discuss with us what appropriate actions would
be, as this is a prohibited use and not allowed under the current zoning. City staff,
including myself, a representative from the city attorney's office and a representative
from code enforcement, met with Mr. Palmer, discussed the actions, discussed sort of
the code requirements, what our code says right now and as it relates to his situation.
In kind of going over the options, there were about two or three that kind of emerged.
The obvious one would be to comply with the code and seek to establish a residence
somewhere where it's permitted, primarily in a residential area. The second would be to
do nothing and, then, allow the code enforcement process to proceed. And the third
would be to seek some form of administrative relieve and as part of our discussions Mr.
Palmer said that he would prefer initially to seek some form of administrative relief to
this. What we said we would do would be, essentially, find the least expensive, most
expeditious permit or land use permit that we could find that related to this, with the
understanding that because it does not comply with the code as, one, it's a prohibited
use, two, it doesn't meet the definition of either multi-family or vertically integrated
residential, that it would be denied and, then, he would have the option to seek the City
Council's review of that decision, which is, of course, the action that he chose and which
is before you tonight. So, I have on the screen, if you need it, the definition for multi-
family dwellings, as well as the vertically integrated residential projects. You will notice
that the multi-family development is a conditional use in the C-C zone and that the
vertically integrated residential projects are a permitted use. As this is a use in an older
existing building, of course, it's much more challenging to establish either one of those,
particularly the vertically integrated, which requires multiple stories. So, in my
consideration of the request, of course, I look at the intent of the C-C zone, as well as
the definition for the permissible residential uses in there in arriving at that was one of
the basis of the denial. So, with that I would be happy to answer any questions or
provide any additional information I can in guiding the Council to their decision on this.
De Weerd: Council, any questions at this point?
Rountree: Madam Mayor?
Meridian City Council
June 5, 2012
Page 11 of 37
De Weerd: Mr. Rountree.
Rountree: Pete, is there any discretion allowed I guess is the right word in Old Town
area? I read the ordinances, but Old Town sometimes has some -- some wiggle room
in it. First, I believe this site is in Old Town and -- or maybe it's not. So, I'm going a
direction that I shouldn't be going, but --
Friedman: Madam Mayor, Council Members, Council Member Rountree, I would still be
happy to answer your question.
Rountree: Okay.
Friedman: The site is not located in the Old Town. It is located in a community
business, the C-C zone.
Rountree: Okay.
Friedman: In looking at the -- in considering that and looking at Old Town, certainly Old
Town does recognize additional forms of residential development, typically single family
detached, you know, single family homes. Single family attached, which is effectively a
duplex in form, but it has a lot line running down the common wall, so you really have
two co-joined individual units. And, then, multi-family and, then, vertically integrated
residential, which is commonly referred to in many other areas as we contemplated, for
example, in Ten Mile, is live-work. But, again, it's contemplated that those would be sort
of stacked units where the commercial endeavor is located at the street level and, then,
you might have an office and residences up above -- or residences up above for that.
So, typically you will find it these days in either new development or in adaptive reuse
in, you know, some more of our stores downtown, Main Street towns, and, actually, it's
-- some of the older suburbs are redeveloping now and some of the old malls and
shopping centers are kind of being reconfigured and redesigned. So, long winded
answer to your question.
Rountree: Madam Mayor, a follow up to either Pete or Bruce.
De Weerd: Uh-huh.
Rountree: In both of those instances and the Old Town instance and this, you talk
about vertical integrated. Can you explain to me the difference between vertical versus
-- apparently is all on one floor.
Friedman: Right.
Rountree: I understand some of the fire safety issues, but are there other issues?
Freidman: Sure. Thank you, Madam Mayor, Members of the Council, Council Member
Rountree. If we could go back to those definitions. So, I provided the definition from
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June 5, 2012
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the code. We have actually identified it and, again, it's the use of a multi-story structure
if you're combining residential use and nonresidential use. It's sort of in a stacked
manner. What I did was I tried to find some images. We -- while we made provisions of
them right now in our city code, we don't have a really good example here in the city.
There is a couple in Boise that I'm aware of. I was not able to get images of those. If
you're familiar with the 36th Street Garden Center at Hill Road and 36th, there is some
live-work units in there, as well as townhouses. The image in the upper left here is on
Iowa Street in Boise. I'm actually acquainted with one of the owners of one of these
units and the way these are built is this lower area right in here is primarily what you
would consider an office space and, then, behind that -- and it's clear, it's open all the
way up to the second story, and there is sleeping quarters and so forth up there. And,
then, behind this office space is -- in this particular unit that I'm aware of is a kitchen,
living facilities, and that sort of thing. The others are just images. I did a Google search
today on an urban design web page just trying to find images or work live-work designs.
This one is a design that was presented to the city of Seattle and, then, these -- I'm not
quite sure where they are, but it does -- again, you see the residential on the second
floor and the commercial uses on the first floor.
Rountree: Madam Mayor. Pete, I fully understood the fact you live upstairs or
downstairs, but is there -- are there building code differences to -- to have the two
compatible? It seems to me that they are, -- I know of some fire code issues, are there
other issues related to having a residence in a commercial integrated in any fashion?
Friedman: Madam Mayor, Council Member Rountree, Members of the Council, the
building does address it. They do have live-work provision within the building code. It
establishes certain parameters in terms of the maximum amount of area that can be
devoted to nonresidential versus residential. I'm kind of wondering off into the building
code areas, but I do know that the code does address it and they have maximums on
that and maybe Bruce recalls what it is.
Chatterton: Madam Mayor, Council Member, the building does -- and I'm trying to recall
the exact amount. There is a limitation on the amount of commercial and residential
that can be included under the building code within alive-work unit. The purpose of that
is to, basically, sort of avoid the situation that we find ourselves in right now where you
would have not a clear separation between these two uses. There are a number of
different building code issues. Fire separation, the different requirements of the two
different codes, the commercial and residential codes, existing. So, there are those
standards. I'm not terribly conversant on it, but there is some limitations on how you
can do that. Typically, though, the building code also contemplates they would be
vertically integrated, more than one story, as opposed to simply selecting a portion of an
existing commercial building and designating that as residential. That does present a
number of challenges that, you know, possibly could be an event from a lifesaving
standpoint. As Pete mentioned, our zoning code doesn't contemplate -- well, I guess
what I would call horizontally integrated residential with commercial. There are a
number of reasons for that. We simply don't have standards for it from the zoning
standpoint. It probably can be done from the standpoint of life safety and the building
Meridian City Council
June 5, 2012
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code, but, then, it would present a whole host of issues for zoning, such as where
parking occurs, where exiting occurs. Can people exit properly. But the building code
does address it, yes.
Rountree: Thank you.
De Weerd: Any other questions at this time? Okay. Would the applicant or a
representative like to make comment? Hi, Joe. If you will, please, state our name and
address for the record.
Palmer: Joe Palmer. 1524 North Meridian Road, Meridian, Idaho.
De Weerd: Thank you.
Palmer: Thank you. It's a little intimidating sitting here before this crew. I have come
here before you tonight to ask for administrative relief to these codes. The idea really
here is not that I want to live in this building. The whole reason that we are there at this
time is because of the economy. The economy has slowed over the last five years, in
case any of you haven't noticed that. I'm sure you have. We have been in business in
this -- I have owned property for 25 years. Originally we lived there. We had a house
there. And as we have remodeled and torn down the old buildings and replaced them
with what's there now, which I'm sure all of you are familiar with, you see what we have
done with the businesses. Our furniture store has currently been there for ten years. In
the back it has a break room and a couple offices and a bathroom. Two years ago --
not quite two years ago -- 20 -- around 20 months ago my wife and I, as we were
moving forward and the economy didn't seem to be moving in a direction that was good
enough to keep supporting it, at that point we made the decision to sell our house and
take up residency I guess you would put it in the back of our store, not because we want
to live there, we spend plenty of time there and would rather spend less time there. But
as the economic situation that we are here, that was our only choice. I did not take
anything from the government. I paid my taxes. I paid my bills. I have sold everything I
have. I have liquidated everything that's liquid trying to save my business and my
commercial building in downtown Meridian where I have employed several people over
the years and at this point in time we have laid off all of our employees or are taking on
running it completely by ourselves. Times are tough. I understand that this is a
variance to the code, but I hope you understand that in tough times sometimes things
need to be changed or moved. At this time, if there is questions for me, I'd like to yield
my time over to Becky and she can kind of explain points of the code here that I'd like
to.
De Weerd: Mr. Rountree.
Rountree: Thank you, Madam Mayor. I'm certain we all understand what's going on
with the economic times and it is tough and I don't envy your position that -- that it's
brought to you. I appreciate the effort you have undertaken to stay above water and
hopefully you can to keep above the water. My question is, one, do you -- so you see a
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June 5, 2012
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change in your economic condition with some of the changes we are actually seeing in
the community with respect to more growth, more building, more investment -- is that
improving your business any?
Palmer: I think it will improve it. I mean right now we have seem to have kind of leveled
out. I do think it will improve, but there is one other factor that I failed to mention and
that is the fact that the road in front of us is about to be taken out and limited or no
access to our store for one year is what I have been told.
Rountree: Okay. And follow up, I guess. Do you anticipate that this isn't a permanent
operation that you're going through? I suspect Mrs. Palmer would like it change
immediately --
Palmer: She and I both would like it to change. I would think that the longest it's going
to be is until -- and what I would like is just until the road construction to done. I believe
once the road construction is done business is going to turn around completely. Like I
say, it's leveled off now. It seems like we are not going down any lower than we went,
but with the road construction everybody knows what it does to businesses and there is
no secret that businesses do not survive when there is no access to them. Now, I have
been back and forth with Ada County Highway District a hundred times trying to figure
out -- and my property and the other businesses on my property are the worst situation
in their whole development, because we don't have side streets coming into us. The
intersection is going to be rebuilt and the street is going to be rebuilt. The nearest cross
street, other than across from it, so down a half a block, is down three blocks and,
therefore, there is not going to be access, so what they have tried to do is figure out a
way that they can minimize that by cutting up the front and letting some other spaces in
and if you have noticed driving by there is an empty lot behind us and they have put in
gravel in the back of that, so that we can park behind and so that we can bring
customers through one of the back doors of the building that directly enters into the
store, but you have all seen what the front of our building -- you know, it's a nice
presentable building. The back of it is not. It's a remodeled building and, no, it's not
real accessible to a retail space, but we feel that if we can save every penny we can
and live there for -- until the construction is done, then, we would be able to survive and
that's all I'm asking is temporary. I do not want it permanent in any way.
Rountree: Thank you.
De Weerd: Any other questions at this time?
Bird: I have none.
Rountree: I have none.
De Weerd: Okay.
Palmer: Thank you.
Meridian City Council
June 5, 2012
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McKay: Madam Mayor, Members of the Council --
De Weerd: Hi, Becky.
McKay: -- Becky McKay, 1029 North Rosario, Meridian. Business address. Joe came
-- came to my office and explained the situation and, obviously, you know, he needed
some help, so I -- I agreed that I would, you know, look at the code, try to see what
solutions are available. These hardship applications -- these are the most difficult cases
that I see. They are tough. They are tough for me, they are tough for you guys. During
the past couple years, with the recession, we have seen more of these types of cases.
have had two in Ada county, one two months ago in the city of Eagle. Every one of
them didn't fit within the ordinance. One didn't fit within the comp plan, but in order to
save these people's homes, save their farms, save property that they have owned or
family has owned for 60 years, we found solutions. And so I know these are
challenging and the burden comes -- is on the -- you know, on these other cases was
on the commissioners, was on the city council. It was the only option for some type of
relief. The Palmer parcel zone, that C-C, community business district, obviously,
residential is allowed within that district, but as Pete indicated vertically integrated and
multi-family, not horizontally integrated. It is designated Old Town on your comp plan. I
did -- I did look at that. Which, obviously, encourages a variety of residential uses. It
talks about, you know, residential over retail, over office. It talks about reuse of existing
buildings, remodeling of existing buildings, so I think as far as, you know, as the use
within its zone, residential is allowed. If we look at that particular area it's a mixed use
area. We have office, we have retail, we have single family residential. There is a
whole mixture of uses, as some of those single family dwellings have transitioned to
more commercial uses. This -- this is a unique situation, because this is a commercial
use with residential accessory use, which, obviously, isn't defined in the code and I
looked through the code, through every single definition looking for something that
would help solve the problem. It doesn't fit in to any definition. You know, it's not an
attached dwelling, it's not -- it's not really a detached dwelling, it's not multi-family, it's
not vertically integrated. I mean you read through the list and I can't find a fit. But when
you read the definition of a dwelling unit where it says a portion of a building used for
residential purposes, it falls within a dwelling unit. The closest thing that, obviously,
could come up with was a secondary dwelling. Now, obviously, the definition of a
secondary dwelling is that it is subordinate to a principal dwelling. But this is 600
square feet, the residential use area within Mr. Palmer's building, and the definition of a
secondary dwelling says it must be no greater than 700 square feet of living space. We
used to have definitions like caretaker's quarters that have kind of been taken out of the
code. We use those in industrial zones where we have mini storage facilities. I kind of
see more as a caretaker's quarters, an accessory use, a temporary use. There is,
obviously, fire code and building code issues that Mr. Palmer has to address. I think
he's had conversations with Daunt about what needs to be done, obviously, for any life
safety purposes here. I just can't find a really really good fit. Your ordinance has a
section concerning allowed uses, it talks about if it's not specifically listed, then, it's
considered prohibited. But it does have a caveat that says that you may determine that
a use that's not listed is similar to another use if it doesn't impact public services, if it
Meridian City Council
June 5, 2012
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doesn't involve a higher level of activity or intensity or density and that it's consistent
with the purpose statement of the district and substantially conforms to the
comprehensive plan. So, I think we got just a real odd duck here that I don't know what
to do with. We used to see these every once in awhile when I worked at Ada county
and when I worked with John Bastida, who just passed away here recently, and Vern
Bisterfeldt were there and they would come in and they would say we need to figure out
a way to help these people. You get in the code book of yours and you find something.
And so, you know, that's kind of where -- where I learned that, you know, everything is
not a perfect fit. There are gray areas and there are situations that arise that we have
got to figure out a solution to and I guess this is one. I know the burden is upon you.
We sometimes call it creative planning, but Idon't -- I don't see that he has any -- any
other means of relief. A temporary permit -- I mean I looked through your section on
that, you know, there is a lot of definitions. It's more commercial related. I don't know
what to do with them. He is definitely a square peg that does not fit in any of the round
holes that we typically deal with. But I think, you know, he, obviously, has a situation
here that we should at least make an effort to solve and all the other jurisdictions I was
pretty impressed with the length that they went to try to discuss solutions and still make
sure that the -- obviously, the integrity of the rules and ordinances were still maintained.
Do you have any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Becky, what would you consider, if we were so inclined, as a temporary
occupancy as it is now, bringing it up to code, that life safety code. None of us wants
that on our hands. What would you consider a temporary use? Six months? A year?
What?
De Weerd: He said duration of the road project from what I understand.
Bird: One year?
McKay: Is it a year?
Bird: It's a year from November it's supposed to be.
De Weerd: A year from October.
McKay: A year? Madam Mayor, Councilman Bird, in other jurisdictions, you know,
some of them have a one year as a temporary. We used to -- Ada county used to have
a section called a temporary living quarters where they would allow some to move in
like a mobile home for -- to take care of an ailing mother or something. Those
temporary permits they granted for two years and, then, at that time it expired, whatever
that use it had to cease and removal of whatever quarters you provided for that -- that
relative. So, I guess, you know, it would, obviously, depend on staffs input and Council
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June 5, 2012
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sees as the best time frame.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Becky, you described this situation as an odd duck and it really is, because
I'm trying to figure out how you -- and you have seen us work, you have been before us
many times, you know we try to find ways to make things work, as opposed to just say
no and --
McKay: Yes, sir.
Hoaglun: -- we are all done. This one has been problematic in trying to figure out what
do we do. One of the things I struggle with is if we allow it in this situation and we have
other requests, we also have to consider those. Are there parameters that you can
think of that allows us to say yes in one situation and no in another, instead of just
going, well, if we did it there we got to allow it for everyone. Because I get into things
like restaurants and we have some examples of the restaurants in Old Town and they
say, well, I have got -- this used to be a residence, I have got a bedroom in the back
and I have got a bathroom, hey, this .works out great. In my mind I'm thinking, yeah,
until someone is in the bathroom and you want to brush your teeth to start your day,
you're going out there to the kitchen brushing your teeth next to the clean plates from
the night before that they are going to serve lunch on. You know, we want to avoid that
sort of thing, but -- and in this case it's a furniture store and is it okay, because it's used
furniture, so if a relative comes over and we go, well, you know, we got that extra couch
there, besides, it's used anyway, but we can't allow it in a new furniture store. I mean
there is all these things that go through my head and kind of strange sometimes, but
sometimes my mind goes off on weird things, but how -- how do we -- how do we make
it fit that if we say, okay, this is an exception, we can allow this with certain things
happening, but, then, when we move into other things -- and that restaurant scenario
does kind of bother me, because you don't control what goes on within a business when
it's a residence and the only one I can think of with a residence that's also a businesses
that that does happen is a bed and breakfast and those are exceptions and they are
very specific and I know some people who will absolutely not stay in bed and breakfast,
because they don't want to have any part of living in someone else's house, but -- I'm
not one of those, but -- anyway. Is there a way or do you see it as, well, we kind of
have to apply it evenly, so we don't get sued. So, I guess I want your thinking and your
experience on this, too, Becky. I mean -- because Ihaven't -- I haven't come up with an
answer on that yet.
McKay: Madam Mayor, Councilman Hoaglun, I think that's a valid question and I think
every council and board struggles with if we deviate a little bit from the norm that we are
not creating any precedent setting determination that is going to -- that someone would
grab onto, come back, and say, well, I got a restaurant and I'm going to live in the back,
because I heard Joe got to live in the back of his furniture store. So, my
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June 5, 2012
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recommendation would be, one, this is unique, because of the road problem.
Obviously, the road's being torn up. It is creating a significant financial burden and
impact on this particular business that is unique to this business. Secondly, that is
temporary. If something is temporary and it's clearly specified that this is temporary for
a specific period of time and I guess it's, you know, part of -- I don't know whether --
whether you would do findings or have staff put something together that this is
considered a special exception and it should in no way be considered a precedent. I
don't know how -- you know, who else to -- to couch it. The other -- the other decision
making bodies we went through the same -- the same process. You know, how can we
do this, but not open the door so wide that we have a problem in the future. I think, you
know, probably the temporary use is your best bet. I think Councilman Bird's
suggestion makes the most sense. You're not recognizing this as any type of a
permanent use or stipulating that you find it in compliance, because it is not.
Hoaglun: Madam Mayor and Becky, I appreciate your thoughts on that, because, you
know, to see you struggle with it -- I mean you understand it's a struggle for us.
McKay: That's what the staff said.
Hoaglun: You know. And the staff goes through it. Although the staff has less
discretion in what they can grant and what they can't grant.. They are pretty much --
McKay: Their hands are tied.
Hoaglun: Yeah. Their hands are tied on this.
McKay: And every situation has been the same.
De Weerd: Pete, did you say -- did you have a comment?
Friedman: Madam Mayor, Members of the Council. Yeah. There is provisions in the
code, under code enforcement under the investigation section and this is, again,
following Council Member Hoaglun's comments and Mrs. McKay's comments. In past
code enforcement actions where we have had violations of the UDC and the building
code, and working with code enforcement and the city attorney's office, we have come
up with, essentially, what I think we used to refer to as a memo -- a compliance memo
or something like that. So, within that memo we expect that -- there is an
acknowledgement of -- that the violations have occurred and that it's a very clear kind of
pointed point by point list of expectations and timelines and so forth particular to the
individual case for a compliance period and we have been through this -- a couple of
ones in the past couple years and so that's drawn up by the city attorney's office, a
timeline is established and there is a very clear expectation on both parts -- parties, I'm
sorry, as to what the expectations are. So, in a case like this it may be a matter of time.
It may be a matter of bringing a portion of the building that is used as a residence to
comply with the appropriate buildings and fire codes and that sort of thing. So, those
would be -- you know, again, unless Council's discretion, but there is a mechanism that
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June 5, 2012
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establishes this compliance document, if you will.
De Weerd: And I guess in terms of the precedence, I don't think that Ada County
Highway District has had a situation where they have entirely closed the road and so I
don't see that that's a situation that would happen very often.
Hoaglun: No, Madam Mayor. And that is something to take into consideration. The
road work is a future action and we know will have an impact. We are being asked
based on financial reasons on a past -- I mean that led to this. So, yes, we can look to
the future and say there is going to be an impact, but the reasons it was done and the
length of time it was done was based on financial considerations and the other thing I
feel uncomfortable with is the fact I have to make a decision based on that and I have
absolutely no information about financial. When we go through planning, when we look
at other things -- I mean this is an odd duck. You know, if we are to do hardship
situations, I mean, you know, get a letter, we say this is why, and here is the letter we
had before -- stated the amount. And I really don't want to pry into people's financial
information, but I'm being asked to make a decision with absolutely no knowledge and
just trust me and I can trust Joe, but whoever it is, you know, you have to be on that --
that trust and it's people I may not know and so that makes it difficult if we do it based
on that do we have to -- if we did a future one -- if Fred from Fred's Barbershop, who is
on Meridian Road, is impacted and said, yeah, I had to move into that, you know, I got
the back room there where I had the pool table, I moved that out, moved in some beds,
and got the bathroom --
Rountree: Tell him to sell the boat.
Hoaglun: Yeah. Tell Fred sell your blue boat. You know. And I really don't want to get
into that. So, that -- that makes it difficult and I'm not going to suggest, oh, we come up
with anything, I don't want to go there. But it just -- that makes it difficult to make a
decision based on information that you don't have. So, those are just some of the
things that I struggle with as I try to come to grips with what can we do, how do we do it,
what do we base the information on and those types of things. So, that's -- if you can
ever shed any light on this, Becky, I'm more than happy to hear your suggestions, but
think -- you know.
McKay: Yeah. I guess -- Madam Mayor, Councilman Hoaglun, I guess you'd have to
ask those more specific questions to Mr. Palmer. All I can tell you is in the -- the other
hardship applications that we had we didn't provide any financial information. I mean
the Council -- they took -- you know, they took our word for it. These people are in
trouble. You know, I know that they filed for a loan modification. The other case I know
they had to refinance their house. They had to do a one time split. They couldn't do a
one time split without some variance. So, you know, they -- but they didn't require that
we submit financial information. I guess that's just, you know, one of -- one of the
reasons they are here in general.
De Weerd: In those other situations did your applicants approach the agencies or was
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June 5, 2012
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this also a result of code enforcement?
McKay: In those -- in those instances they -- they approached the municipality and the
county and, then, they came to me to take it from there. But they were not in violation.
Like I said, this is one --areal odd duck.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, I just wanted to comment. One thing that Pete has brought up
from Planning, when we have done those types of agreements with parties that are in
violation, the purpose of the agreement is to bring them in compliance. In this particular
situation he can't be in compliance. The only compliance is to move out. So, it's not
quite the same circumstance where you -- and they don't allow them to operate in the
interim while they get in compliance, unless there is no life or safety concern, like if, for
example, The Baby Place when it was annexed into the city there was a period of time
they hadn't completed their landscaping, well, it was the wintertime, so we entered into
an agreement with them to give them a date certain to complete their landscaping, but
their landscaping didn't have any life safety issues, because they weren't residing in The
Baby Place. We have had other ones where they have asked to continue to operate
their business while they get into compliance, like with auto body shops or other types
of retail or commercial outlets and we haven't allowed them to continue to operate while
they get into compliance. So, it's not as simple as simply picking some date certain in
the future to get into compliance, because there is -- those were businesses that were
going to continue to operate once the agreement was completed. That's not the
circumstance you have here. I mean you have a violation of your ordinance and there
isn't any -- we aren't talking about changing our ordinance or changing the
circumstances of the building or the operation, we are simply talking about living there
or not. I mean it's not the same thing. So, I don't want you to go down the path of
thinking we can just create some -- craft some contractual agreement to make this
resolved, because I don't think that's really possible.
Chatterton: And, Madam Mayor, if I may. Council Members. Further to the city
attorney Nary's comments, I wasn't happy with my answer to Council Member
Rountree's question about the building code, so I retrieved the standards. There are
standards for life safety for -- for -- in the building code for having separation and life
safety between what's referred to as mercantile and residential occupancies. Those
would need to be met in this case in order to insure life safety. I understand the building
is sprinklered, even though, of course, we haven't reviewed that for a residential use.
But if a building is sprinklered there still needs to be a one hour firewall separation
between a mercantile and residential occupancy. You also need to have emergency
escape and rescue provision for all the sleeping rooms and typically that could be a
window of appropriate size or a door and these have to lead directly to the outside of
the building. So, even if you could see your way clear -- and it sounds like from what
Mr. Nary is saying, that would be difficult under the code -- we would still have life safety
Meridian City Council
June 5, 2012
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issues with these uses coexisting in the same building.
De Weerd: Mr. Hoaglun.
Hoaglun: Madam Mayor and Bruce. One of the solutions I was pondering was, okay, I
know where his place is, there are some vacancies, what if he moved into one of those
other units -- I'm sure that there are one hour firewalls between the units, you have a
front door, you have a back door, but the bedroom situation -- there is sprinklers, but it
sounds like a window is required for that, but is that because there is not sprinklers and
thought, well, maybe that's a solution. We have a -- have the unit in another part of his
building. So -- and that might more --abetter question for the fire folks than for you,
but --
Chatterton: Madam Mayor and Council Member, if there are no sprinklers, then, a hour
separation is required between a mercantile and a residential use.
De Weerd: You have to have a window in a bedroom.
Chatterton: Yes. And you still need -- that's correct, Mayor. You still need to have the
exit provisions -- exiting directly to the outside.
Bird: 5.7.
De Weerd: Perry, did you have any -- we just happen to have a fire marshal here.
Palmer: Answer your question, too, if you want me, too. There is a separation wall
between the residential part, so there is no mix, we don't use the same bathroom or
anything with the store part. There is a separation wall right now. It would have to be
beefed up a little bit, because right now it's only one hour and code is saying either
between one and half or a two hour, which I would do. We do have a window out the
back and a door out the back, so the standard for safety is above what it is at a regular
residence now and I would be willing to further that and put another sheet of sheetrock
on it the rest of the way up into the attic, which is something that I can do, if that
answers your question a little bit.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Joe, is that window in the bedroom -- the sleeping area?
Palmer: Yes. Yes. There is an office there that -- where the bed is now.
Bird: And what kind of square footage is it? It's got to have 5.2 or 5.7 square foot of
opening to get through.
Meridian City Council
June 5, 2012
Page 22 of 37
Palmer: The window is standard wide, it's 4-0, 4-0, so it is standard for an egress
window on a residential house.
Hoaglun: And, Madam Mayor, one question I did want to follow up on. You had
mentioned something about the road closure, Meridian Road, that with the new -- with
the parking area and there be a back door during that construction. Now, is that coming
through the --
Palmer: They are separate.
Hoaglun: Okay.
Palmer: The building is a hundred feet wide. The residential part of it is only 40 feet
wide. The next -- the door is beyond that point. So, there is no mixture there.
Hoaglun: Okay.
Palmer: And I understand the safety issue and the fire separation. I did talk to Daunt
about that and I -- you know, he says, well, when we get to that point we will have to
make sure. I said, well, that's fine. Whatever the standard is we will make sure we
meet it, because I am below it right now, because I only have -- actually, I have two
pieces of sheetrock between it, but I don't believe -- two pieces of 5/8ths, two hours.
De Weerd: I think with the sprinklers --
Palmer: Anyway, I would have to put a steel fire door. It's close, but we would need
that standard and I talked to Daunt about that. Whatever he decides that there was, if I
need to put another sheet of sheetrock over it, I would certainly do it.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Now that Joe's back -- because I was going to ask him that and he answered
it very well. The other question Ihave -- are you amenable to a temporary -- whatever
we can figure out for a period of time not to exceed say 12 months, 18 months,
something like that?
Palmer: I would be very amenable to that.
Rountree: Okay.
Palmer: I do not want to be there any longer than I have to. In fact, if it got really busy
tomorrow -- I mean really busy, I would be out of there as soon as possible.
Rountree: All right. Thank you.
Meridian City Council
June 5, 2012
Page 23 of 37
Palmer: Thanks.
De Weerd: Any other questions from Council?
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I guess I have to express an opinion. I have empathy for this situation.
Many years ago in another town I operated a store front business. I was there 18 hours
a day, seven days a week and would have happily have lived there if it was possible. In
that city it was illegal, but I certainly understand -- I understand why before there were
cars many businesses had the residence upstairs. Now that there are cars that doesn't
seem to be so common, but upstairs or beside or blow, it is the issue of safety that
determines whether it's possible or not. So, I would like to see if there is a way that we
can work this out. Certainly it needs to be temporary and certainly it needs to be in a
way that is not used by other people as an example, but let me ask Mr. Palmer another
question if I may and that is have you discussed this arrangement with your insurance
company and are there any conditions that they might put on this?
Palmer: I have not and I don't know the answer to the question if there would be.
Zaremba: I'm not sure we can do anything about that, but I --
Palmer: I mean I don't know what --
Zaremba: I would include that in your list of things to do probably.
Palmer: I understand. I don't know what bearing that would have on this, but, you
know, it's certainly something that -- I think my insurance agent actually knows that I live
there.
Zaremba: Okay. Just a thought.
Palmer: The reason he knows that is because he used to live in his office just around
the corner.
Zaremba: Thank you. The question I would, then, ask of Mrs. McKay if I may is can
you suggest to us any conditions that we ought to put on something like this?
McKay: Can I suggest conditions?
De Weerd: Wow. You really put her in a difficult position.
Meridian City Council
June 5, 2012
Page 24 of 37
McKay: On the spot. Obviously, this is special -- special circumstances and unique, not
precedent setting, but this should be considered temporary, that -- you know, that it's
limited. That there is -- there is, obviously, a timeline, that they need to, obviously, get
an inspection, that it's no -- at the end of that timeline that it's no longer being used for
any residential purposes. You know, whatever I guess the Council feels comfortable
with, that they obviously comply with any building or fire codes that are applicable to
living there in the 600 square feet and I guess have it inspected once those
modifications are made. You set forth conditions just like with anything else that the
Council and the staff is comfortable with.
Zaremba: Thank you.
McKay: Thanks.
De Weerd: Council, any further information needed on your part to make a decision?
Zaremba: Madam Mayor, this is a public hearing. I don't believe we have asked if
anybody else wants to speak.
De Weerd: It's not a public hearing. It is an -- it's an appeal of the director's ruling.
Rountree: Madam Mayor?
De Weerd: Yes.
Zaremba: Public hearing right here.
Rountree: I understand what it says there, but it is an appeal and that's never a public
hearing.
Zaremba: Okay.
Rountree: But I'm not sure we need to go any further. You know, this is not a
precedent setting issue. We have established the precedent for the motion I'm about to
make. In Meridian and Meridian City Council there is a group of folks that do everything
they can to try to make things work in their community. We have a case that's been
explained to us by Mrs. McKay about we have a -- I don't know whether she called you
round or square, Joe, but either one, but things that don't fit together and we have to
fashion a way to make that fit together. I may not articulate the words that the city
attorney might want to hear, he can maybe do some wordsmithing on those, but I
believe we do have a very unique situation. I believe we have a unique situation that
we need to take a look at our ordinances to see if we come up with something that's a
little cleaner and a little easier to deal with than the process we went through this
evening, though this has not been too difficult. I believe that I can support the request
for continuing to be in violation, I guess, of the city ordinance with respect this issue if
Meridian City Council
June 5, 2012
Page 25 of 37
we can establish a time and the fact that the site that's affected, make sure of fire safety
issues, because that's really our number one issue here is protecting of folks primarily
and their property secondarily. And that's a must. And I can't waiver on that issue.
Also that we establish a reasonable time period. So, my motion is I move -- I move that
we approve the request to reverse the denial of the certification of zoning compliance
CZCV 12-006 and with the stipulation that the occupancy can -- residential occupancy
continue for a period not more than 18 months and continue upon the completion of an
evaluation by the fire marshal and remedies made by the applicant and owner to be in
compliance with reasonable fire safety issues. And whether that is done with a
compliance memo or a memo contractual understanding between the city and the
applicant I will leave that vehicle -- probably a finding of facts and conclusion of law to
the city attorney. That's my motion.
Bird: Madam Mayor, I second that. Mr. Rountree?
Rountree: Yes.
Bird: Would 18 months or January 1st, 2014, I'd like to put that date in.
Rountree: I'm comfortable with that.
Bird: Second agrees.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, Council Member Rountree, I -- I would
suggest the following --
Rountree: Okay.
Nary: -- for future compliance. I know it's the case that a number of times we can make
this nonprecedent setting, but we can't just put words in that makes it so. If your finding
is that this is in violation of your code, but based on the specific circumstances as
enumerated here regarding a hardship, both for Mr. Palmer, as well as the
circumstances of the roadway, that you would give him 30 days to get it into code or 45
days to get it up to code -- building code, fire safety, those types of things, you would,
then, allow him up to January 1, 2014, to vacate from the residence. Then, it still
upholds your code that you don't have people living in garages, trailers in somebody's
yard, campers parked in their backyard, that your code still is the same, you're going to
allow this circumstance for a temporary use for this limited period of time as long as you
meet fire safety code, but at the end of that time period they have to move out. The
only precedent that you may be setting is the time period allowing compliance, rather
than coming back to you every time someone wants to live in their garage, their shed,
their whatever. So, you wouldn't have to address that again, you would only be dealing
Meridian City Council
June 5, 2012
Page 26 of 37
with the time period. So, that would be my suggestion for your motion and I don't know
if Pete has an addition to that. But, then, you wouldn't be addressing the code every
time.
Friedman: Thank you, Madam Mayor, Members of the Council. I think just building on
what Mr. Nary was saying in terms of kind of structuring this, so that it is not precedent
setting or so forth, the section of the code I stated earlier is what -- really what we issue
is a notice of code violation and, then, you have specific steps that need to be taken to
remedy that and that would be all of the items that the Council has indicated are
desirable in terms of compliance with the fire code, the building code, and the timeline
and if Mr. Nary agrees with that we structure it that way and, then, I think one final thing
that I saw in the background material is the obtaining of the certificate of occupancy to
memorialize that all those code requirements have been met. So, what we really have
is still a notice of code violation and, then, the steps being taken necessary to remedy
that violation, ultimately concluding with the vacation of the -- or of the sanction of the
residential use on the date that the Council has chosen. If that's acceptable to Mr. Nary
I think we can get our heads together and work on that at the direction.
Rountree: Madam Mayor, it's wonderful to have help, not being a lawyer and just a
common guy. That was my intent when I mentioned the fact that there was still an
occupancy violation in my motion, that that be recognized and that we are just doing
something to remedy that violation for a time period and with fire safety issues
addressed. So, if the record can reflect what Mr. Nary said in my motion I would
appreciate that and I would add that amendment to my motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: How many days, then, to get -- 45? To get in compliance.
Rountree: Parry, how many days to --
P.Palmer: Well, I was going to interject that this may cause you to amend your motion.
We have an interesting conflict of -- that the fire code only deals with commercial. I
have no jurisdictional authority in residential and the fire code refers to live-work units.
The fire and life safety falls under the International Building Code.
Bird: Right.
P.Palmer: So, though I can regulate the commercial aspect of the building, I have no
jurisdictional authority to regulate the residential component. So, I would have to work
in conjunction with the building department to enforce the building code for the living
portion of the building.
Rountree: That would be the intent, to get it in -- in a state that provides for a safety
Meridian City Council
June 5, 2012
Page 27 of 37
code situation for residential. The minimum standard is to provide their safety.
P.Palmer: Right. But that all falls under the building code.
Rountree: Okay. I think there is an understanding here that that's how it would go
about in terms of compliance with that, of 30 -- 30 days from the point of the request for
the inspections on the building department.
Bird: Second agrees.
De Weerd: Okay. Any discussion from Council?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Just a couple of comments. One, I hope this doesn't set a precedent. I mean
we have to be very careful here. When people try to do things as a community, we try
to make it work, try to look at the community interest and what's best for the community
and see what we can do and we worked hard at that, and I think we made it clear this is
a unique situation, bt.~t it's also a unique situation -- my preference would have been that
the applicant would have come when the situation was made known to him that he was
going to have to do this and work with us before and we are not hard folks to work with.
We try hard. But Becky's words keep coming back, this is an odd duck. But, you know,
sometimes that adage it's better to ask forgiveness than to seek permission doesn't
always work. I mean that -- that is one -- because it really puts us in a difficult situation
and I think the applicant appreciates this, because -- because of who we are as elected
officials on both sides here, it doesn't look good and -- and I don't think I can convey to
people, because I have worked with legislators and been around that process quite a
bit, that they are regular folks. They are -- being a legislator is a part-time job, they
have jobs, they have to support a family, they have work to do, so this is not special
treatment, this is taking a citizen of this community and trying to work with them to find a
solution that will work for him and our community at the same time. So, I hope people
understand that and I -- but I think sometimes, as the applicant knows, they just look at
it one way and it's not with a human being, it's as elected officials and all you guys get
all these special favors and everything and that's -- that's not being done here and I just
-- if people want to believe that I guess they will believe what they believe, but this is
being done to -- very specifically for a member of the community that we would look at
for anybody in this community.
Bird: That's right.
Hoaglun: If they came up and said 1 have a situation here, what can we do to make this
work. We try to do that. It doesn't always work. We don't always say yes and
sometimes a solution is not to be found, but that's -- that's what we try to do. And I think
I'm happy with what's come about. I think I understood everything that was said in the
Meridian City Council
June 5, 2012
Page 28 of 37
wording changes and understand why they have to be said that way. So, this is
something that I can certainly support and, hopefully, that road -- Meridian Road is a
great thing that happens for all the businesses up and down that street when that gets
done and I think it will be. But in the meantime it's going to be difficult on a lot of folks,
so --
De Weerd: Any further comments? 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.
®. Public Hearing: AZ 12-001 Ustick L®S Stake Center by Church
of Jesus Christ of Latter-day Saints Located at 3775 E. Ustick
Road Request: Annexation of 7.67 Acres of Land from RUT
(Ada County) to the R-8 (iVledium ®ensity Residential) Zoning
®istrict
De Weerd: Item 8-D is a public hearing on AZ 12-001. I will open this public hearing
with staff comments.
Parsons: Thank you, Madam Mayor and Council. The application before you this
evening is an annexation. The property is located at 3775 East Ustick Road. It does
contain two parcels totaling 7.67 acres of land. As you can see with the exhibit on the
right the property is developed with a church site and it did receive conditional use
permit approval through the county sometime in the '70s, early '80's. The applicant is
requesting annexation at this time from the RUT zoning district to the R-8 zoning district.
That includes, again, both parcels. The request for annexation is based on the need for
city services. I also bring to Council's attention that Ustick Road widening project is
underway and once that is complete the applicant won't have the opportunity to run
those services to this facility due to the moratorium on the new asphalt paving that has
taken place. The applicant is coordinating with city staff to the extension of those
services. We can expect once annexation is complete that those services will be
extended. Because the site is currently developed with a church use and more than
likely that will remain on the property for the duration of a long period of time, staff has
not recommended a development agreement with the annexation request. However,
future expansion of the church use will require conditional use permit due to the
requested zoning of the R-8 zone as well. At the Commission hearing Planning and
Zoning Commission did recommend approval. Jo Larsen spoke in favor of the
application. Key issues of discussion by Commission -- there weren't any key changes
by Commission. To staff's recommendation none as well. Jo Larsen did submit
agreement with the staff report -- or the recommendations. To staff's knowledge there
aren't any outstanding issues before you this evening and with that I would stand for any
questions you may have.
Meridian City Council
June 5, 2012
Page 29 of 37
De Weerd: Thank you, Bill. Council, any questions at this time?
Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, the graphic you have given us -- are we talking about two lots that are
identified as 3629 and 3775? Because I have three lots that are outlined here.
Parsons: Madam Mayor, Councilman Rountree, it's actually two lots. It's -- those two
lots are identified 3775 and it's south of that C-C zoned property.
Rountree: Okay.
Parsons: So, it is only two parcels, not that C-C parcel.
Rountree: Okay. All right.
De Weerd: Any further questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just a question. Does the R-8 zoning, if they chose in the future, entitle them
to build an R-8 residential on that other lot?
Parsons: Councilman -- Madam Mayor, Council, it -- there is nothing prohibiting them
with the annexation request to develop that R-8. In speaking with the applicant it is their
intention to hold ownership of that property. You can see now that it is developed as
their open space for the church. Most -- most of the LDS churches in the community do
have a pavilion and outdoor space for their parishioners, so I anticipate that that will
continue as such and if that were to change certainly they would have to come back to
us and talk about a proposal to develop that in the future.
Zaremba: I guess where my question is going is aren't most churches in the L-O zone?
Parsons: Madam Mayor, Councilman Zaremba, it's scatted throughout. Usually --
typically we try to get that zoning so that churches are more of a permitted use in the L-
Ozone, but in this particular case, because the church is adjacent to residences and
that this portion that's developed with the church is designated residential on the comp
plan, staff felt it most appropriate to recommend the R-8 zone to the applicant and that
way if they want to do an expansion they have to come back through the CUP process,
Meridian City Council
June 5, 2012
Page 30 of 37
a public hearing process, for the expansion of the church property.
Zaremba: Okay. Thank you.
De Weerd: Okay. Any further questions from Council? Does the applicant have any
comments? If you will, please, state your name and address for the record.
Greer: Good evening, Madam Mayor, Council Members. My name is -- well, was Jo
Larsen. I recently was married, so it's now Jo Greer.
De Weerd: Congratulations.
Greer: Thank you. I am with Tate and Associates. We are located at 345 Bobwhite
Court, Suite 220, in Boise. 83706. I'm here to represent the Church of Jesus Christ of
Latter-Day Saints in this annexation process and as the staff mentioned this was
approved previously at that last hearing and we are in agreement with all of the
conditions that have been imposed and we also had several meetings as far as with the
construction -- not necessarily having to do with annexation, but I did want to say, as
did in the last hearing, that the process has always been a little more extensive than
some of the others. The staff has been very good about working with you and coming
up with solutions to the issues that have ever been -- not just the Planning and Zoning,
but also the Building Department and the fire chief. So, we appreciate that.
De Weerd: Thank you. Appreciate your comments. Council, any questions for the
applicant?
Bird: I have none.
Rountree: I have none.
De Weerd: Okay. Thank you very much.
Greer: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony on this application? Okay. Seeing none, Council, any additional information
needed on your behalf?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we close the public hearing on AZ 12-001.
Rountree: Second.
Meridian City Council
June 5, 2012
Page 31 of 37
De Weerd: We have a motion and a second to close the public hearing on 8-D. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve AZ 12-001.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 8-D. 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.
Item 9: Department Reports
A. Police Department: budget Amendment for Lobby Floor Tile
Work Not to Exceed $40,000.00 Approved
B. Police Department: Eudget Amendment for Ventilation Repair
for aNot-to-Exceed Amount of $30,000.00
De Weerd: Item 9-A under Department Reports -- well, both 9-A and 9-B are with our
police department. I will turn this over to Chief Lavey.
Lavey: Madam Mayor, Council, if it's all right with you, I will just cover both of them
while I'm up here, to -- over the last several months we have been in front of Council
requesting numerous budget amendments and we have always bragged that we never
cost the city money, because it's just spending that's already in grants. Unfortunately,
today I have to come in front of you and ask for some money on two projects that have
been deemed an emergency in nature and- that we need to get them done currently,
rather than wait until the new budget year.
De Weerd: That's what you get for gloating.
Lavey: What's that?
Meridian City Council
June 5, 2012
Page 32 of 37
De Weerd: That's what you get when you gloat.
Lavey: Yeah. Well, I noticed that my staff was up here doing the good ones and so the
bad ones I get to do. The first one in front of you is for the flooring in the main public
lobby and the men's and women's restroom of the police department. Over the past
several months we have discovered that the the has been cracking, the grout has been
breaking loose. We have had bug infestations coming up through the grout. We kind of
have of bowing in the floor and, then, we also have some water -- potential water
damage to the wall between the records division and the female restroom and --
De Weerd: Has there been any mold?
Lavey: There is no -- we will get to the mold on the next one. So, there is no mold on
this one. About a year ago we had a water riser break and we had it fixed and we don't
know how long that water riser was leaking, because it's in a closet area, and so our
guess is is that it had been leaking into the wall and creating some damage. Now, right
now the information I have in front of you is only for damage that we can see with the
visual eye. We do not know what's going to happen once we remove the tile. So, we
have gotten two bids so far. One was 13,800 dollars. The other one was 25,800
dollars. Now, that's a very big discrepancy and so I have our Building Department
looking at the two bids to make sure that we are getting either treated fairly or making
sure that the other bid does not leave something out. So, I am coming in front of
Council to ask for the spending authority in the amount of 40,000 dollars, not to exceed.
That would give us some additional monies to repair damage once we remove the tile.
We are expecting the potential for some concrete work as well. But we will not know
until we get the tite up. So, I am coming in front of you today requesting a budget
amendment of an emergency nature in an amount to not exceed 40,000 dollars to repair
the lobby and restrooms in the public space of the police department and I will stand for
any questions.
De Weerd: Thank you, chief. Any questions from Council?
Rountree: I have none.
De Weerd: Okay. Do I have a motion to approve?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 9-A, a budget amendment in the amount of --
not to exceed 40,000 dollars.
Zaremba: Second.
Meridian City Council
June 5, 2012
Page 33 of 37
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, please, call
roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All eyes. Motion carried.
MOTION CARRIED: ALL AYES.
Lavey: Madam Mayor and Council, the second item I have in front of you today is also
a budget amendment of an emergency nature and it deals with the ventilation system of
the police department. I have mentioned this to the Mayor in the past of a unique
situation that we have in that when we bring items into the evidence room we actually
permeate that odor within the entire building. To be frank, it's when you bring in drugs
and everything else that have a very potent smell. That smell is within the whole
building.
De Weerd: Yeah. It's not good having our police department smell like drugs.
Lavey: And so we just put up with that at first. Recently we have had the opportunity
through our impact team, to bring in large quantities of narcotics and so when we bring
in 37 pounds of marijuana it definitely brings a smell with it. Well, one of the unique
things that we found when we were trying to dry that marijuana is that we cannot dry it
fast enough and it starts to mold. And so not only do we have the smell of marijuana
within the building, but we have the mold spores as well in the building and due to the
safety of our employees and any public that's in that building, we need to have a
separate isolated system. We did ask for a bid from a contractor that's currently doing
work inside the building, but, then, I have also asked our Public Works Department to
get us a couple additional bids. Now, one thing that was a little shocking to me today is
one of those other bids -- and, again, we have discrepancies. One bid was in the
amount of 22,000 dollars and the other bid is in the amount of 54,600 dollars, which
have no intentions of using, and so we will continue to get some bids that are
reasonable in nature. But I'm coming in front of Council to request a budget
amendment to put in a separate ventilation system within the evidence room that will
bring in fresh air from the outside and filter those odors to an outside filter, instead of
pushing those odors within the whole air intake system of the police department. The
last incident we had the odor remained within the building for approximately seven days
and that's unacceptable -- unacceptable to me. I am asking Council to approve the
budget amendment with a not to exceed cost of 30,000 dollars and, then, I would come
in front of you if we cannot meet that standard. With that I would stand for any
questions on that item.
De Weerd: Thank you.
Bird: Madam Mayor?
Meridian City Council
June 5, 2012
Page 34 of 37
De Weerd: Mr. Bird.
Bird: In this ventilation system to get rid of that, this -- I hope this low bid has got
everything covered, because we definitely don't want to send it out into the outside air
while we are -- because EPA can be a lot worse than anything else on us. Has that got
all the filtering and all the scuffers and all that in there to eliminate any odor?
Lavey: Madam Mayor, Mr. Bird, that is exactly what we have the Building Department
determining at this time before we award any contracts. That is my concern. When I
looked at the high bid it completely engineered -- there is a lot of costs as far as using
the mechanical engineers to come in and I can guarantee you that they would probably
be done and done right if we used them. There has got to be some sort of common
ground in there, though. So, we will make sure that those questions are answered, but
believe we can do it much cheaper than 55,000 dollars.
Bird: I don't know.
Lavey: I hope.
Bird: You got a lot of engineering on something like that.
Lavey: Yeah. I --
Bird: A common engineer working for some ventilation company isn't going to do it.
De Weerd: Okay. Any other questions for the chief? Do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 9-B, a budget amendment in an amount not to
exceed 30,000 dollars.
Zaremba: Second.
De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam
Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Lavey: Thank you.
Meridian City Council
June 5, 2012
Page 35 of 37
Item 10: Ordinances
A. Ordinance No. 12-1515: An Ordinance of the Mayor and City
Council rezoning of property situated in Section 22, Township
4 North, Range 1 West, Meridian, Idaho known as the Tree
Farm (MI-07-004) to R-2 (Low Density Residential District), R-8
(Medium Density Residential District), R-15 (High Density
Residential District), C-C (Community District), and C-N
(Neighborhood business District) in the Meridian City Code
De Weerd: Thank you, Chief. Item No. 10-A is Ordinance No. 12-1515. Madam Clerk,
will you, please, read this by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1515, an
ordinance MI 07-004, Tree Farm, for a rezoning of property being situated in Section 22,
Township 4 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 to R-2, Low Density Residential, R-8, Medium Density Residential, R-15,
High Density Residential, and C-C, Community District and C-N, Neighborhood
Business 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.
De Weerd: Thank you. You have heard this ordinance by title only. Is there anyone
who would like to hear it read in its entirety?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 12-1515 with suspension of rules.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 10-A. 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.
Meridian City Council
June 5, 2012
Page 36 of 37
Item 11: Future Meeting Topics
De Weerd: Item 11 is Future Meeting Topics. Council, any topics for future agendas?
Hoaglun: No more odd ducks, please.
Item 12: Amended onto Agenda -Session Per Idaho State Code 67-2345
(1)(d): (d) To Consider Records That Are Exempt From ®isclosure As
Provided In Chapter 3, Title 9, Idaho Code
De Weerd: If we could only control that. I think our Police Department calls it job
security. Council, I guess at this point we did add something to our agenda, an
Executive Session. I would entertain a motion to adjourn into Executive Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345 (1)(d).
Hoaglun: Second.
Rountree: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (8:46 to 9:44 p.m.)
Bird: I move we come out of Executive Session.
Rountree: Second.
MOTION CARRIED: ALL AYES.
Bird: Move to adjourn.
Rountree: Second.
MOTION CARRIED: ALL AYES.
Meridian City Council
June 5, 2012
Page 37 of 37
MEETING ADJOURNED AT 9:44 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
~~.~~ ~
DATE APPROVED
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Changes to Agenda:
Item #9B: Spurwing Greens Subdivision No. 2 (~'P-12.009)
Application(s):
Final Plat
Size of property, existing zoning, and location: The site consists of 16.87 acres of land in an R-2 zoning district.
The property is located approximately a quarter mile north of Chinden Boulevard east of N. Jayker Way.
Summary of Request: The applicant is requesting final plat approval for 24 building lots and 2 common lots on
16.87 acres of land. This is the fourth final plat proposed for the Spurwing Greens Subdivision. The proposed
subdivision is zoned R-2 (Low-density Residential District). The gross density proposed with this phase is 0.7
dwelling units to the acre with an average lot size of 22,483 square feet.
The proposed open space (1.725 acres) consists of a 1.53 acre open space lot (lot 4, block 2) which includes a 5-foot
wide meandering pathway and several sitting areas, 8-foot wide parkways adjacent to the public streets and a 20-foot
wide landscape buffer (Lot 7, Block 3) adjacent to lots 6 and 8, block 3. The number of proposed lots and proposed
open space for this phase is substantial compliance with the approved preliminary plat.
Written Testimony: The applicant, Kent Brown, in agreement with the staff report.
Staff Recommendation: Approval
Outstanding Issue(s) for City Council: None
Notes:
Item #8D: Ustick LDS Stake CenterAnnexation (AZ-12.001)
Application(s):
9 Annexation
Size of property, existing zoning, and location: The annexation area consists of two (2) parcels totaling 7.67
acres, zoned RUT in ADA County and is located at 3775 E. Ustick Rd.
History: A portion of the property is developed with a 25,000 square foot church which received CUP approval
through the county.
Summary of Request: The applicant is requesting to annex 7.67 acres of land and zone the property from the RUT
in Ada County to the R-8 zoning district. The applicant requests annexation to facilitate the connection to City
services because the existing septic system is failing. Additionally, ACHD is widening Ustick Road and once
construction is completed, ACHD will place a 5 year pavement moratorium and City services cannot be extended.
The applicant is coordinating with City staff to ensure the infrastructure is extended to the site with the road widening
project.
Because the site is developed with a church and the use of the property will more than likely remain unchanged, a
development agreement (DA) is not recommended with the subject annexation request. Future expansion of the
church will require a conditional use permit based on the requested R-8 zoning of the property.
Commission Recommendation: Approval during the May 3, 2012 public hearing.
Summary of Commission Public Hearing:
i. In favor: Jo Larson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
Key Issue(s) of Discussion. by Commission:
i. None
Key Commission Change(s) to Staff Recommendation:
i. None
Written Testimony since Commission Hearing: Jo Larson, Applicant's representative, in agreement with the staff
report.
®utstanding Issue(s) for City Council: None
Notes:
er®in City ouncil etin
:June 5, 2012 IT U : 5A
J T U
ITEM TITLE: Consent Agenda
Approve Minutes of May 16, 2012 City Council Special Workshop Meeting
MEETING NOTES
{}r~Pw~
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: (E_MSTAFF TO I AGENCOY ( APPLICANT NOTES I INITIALS
eriin ity uncil tin
T :June 5, 2012 IT M lJ
J T fV
DATE: I E_MSTAFF TO I AGENCY I APPL CANT I NOTES INITIALS
ri ian ity ouncil lVltin
:June 5, 2012
J T NUM .
DATE: (E-MSTAFF TO ( AGENCY ( APPL CANT NOTES I INITIALS
PROFESSIONAL SERVICES AGREEMENT
MUSICAL TALENT FOR CONCERTS ON BROADWAY
This PROFESSIONAL SERVICES AGREEMENT. -MUSICAL TALENT FOR
CONCERTS ON BROADWAY ("Agreement") is made this _ day of May, 2012 ("Effective Date"),
by and between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho ("City") and Tom Phelps, doing business as Kings of Swing, an assumed business name certified
under the laws of the State of Idaho, whose address is 10790 W. Hickory Drive, Boise, Idaho
("Promoter").
WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members
of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the
Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the
Meridian City Hall plaza during the summer; and
WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of
the Kings of Swing, aseventeen-piece band specializing in the performance of swing and big band music;
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.
A. Performance. Tom Phelps and the Kings of Swing, shall perform for the public approximately
fifteen (15) swing and/or big band songs, from 7:00 p,m, to at least 8:30 p.m.; on Saturday, July
21, 2012, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen-
minute break during this time. In case of inclement weather, the venue will be moved to an indoor
location to be determined and agreed upon separately by the Parties.
B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all
sound systems and. equipment necessary to electronically amplify music and spoken
announcements. City shall set up sound systems and/or related equipment by 5;00 p.m. on July 21,
2012, and Kings of Swing may rehearse and/or perform sound checks at that time. All set-up,
rehearsal, and/or sound checks shall be completed by 6:30 p,m.
C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up
such risers, and shall utilize such materials necessary to protect City facilities from any and all
damage therefrom.
II. COMPENSATION.
A. Total amount. City shall make total payment to Promoter for services rendered. pursuant. to this
Agreement in the amount of one thousand five hundred dollars ($1,5.00,00). This payment shall
constitute full compensation from City to Promoter and/or to the members of Kings of Swing for
-any and all services, costs, and expenses related to services performed under this Agreement.
Promoter and/or the respective members of Kings of Swing shall be responsible for payment of
any and all taxes due and owing for payment received under this Agreement.
PROFESSIONAL SERVICES AGREEMENT-KINGS OF SWING, CONCERTS ON BROADWAY PAGE I Of S
B. Cancellation of event. If Kings of Swing is present and prepared to perform at the time, date, and
place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set
forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the
members of Kings of Swing. Any decision regarding whether to cancel the performance shall be
made no earlier than 6:30 p.m, on July 21, 2011.
C. 1Vlethod of payment. Following the July 21, 2011 performance, Promoter shall provide City with
an invoice for the amount of one thousand five hundred dollars ($1,500.00) for services provided,
which City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other
assessments on such sums shall be the sole responsibility of Promoter.
III. VENUE
A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City
Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue.
Promoter shall be solely responsible for any and all measures necessary to protect equipment,
instruments, and Kings of Swing members from damage due to weather and other conditions that
do or may exist.
B. Public venue. Promoter acknowledges that the venue is a public place and that all members of
the public shall be invited to attend. To this end, the members of Kings of Swing shall perform
such material and in such a manner as shall be appropriate for all ages, values, and sensibilities.
Kings of Swing's performance and attire shall not include language, attire, and/or behavior that is
profane, sexual, violent, or discriminatory.
C. City policy applies. Promoter and Kings of Swing shall comply with all City policies and codes
applicable to use of City property and facilities, including, but not limited to, policies of the
Meridian Parks and Recreation Department, and any requirements of the City Building
Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting
City facilities and property.
D. Photography and recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational
and public information purposes. City shall not be responsible for the actions of persons who are
not under its employment or control.
E. 1Vlerchandising. Promoter and/or Kings of Swing shall be authorized to sell albums and/or
merchandising material at the performance, and may retain the proceeds of such sales. City
respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the
Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter
and Kings of Swing shall be responsible for paying all sales and other taxes due and owing on the
proceeds from merchandise sold.
IV. TERMS AND CONDTTIONS
A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be
performed in a timely manner. The Parties acknowledge and agree 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 breach of, and a default under, this Agreement by the party so failing to perform.
PROFESSIONAL SERVICES AGREEMENT -KINGS OF S WING, CONCERTS ON BROADWAY PAGE 2 O~ S
B. Promotion of event. City shall promote the performance in community promotional materials and
avenues, including the City newsletter, City website, Meridian Parks & Recreation Department
Activity Guide, and local media and event calendars. Promoter may undertake additional promotional
activities at his awn expense and effort, subject only to the limitations set forth herein. City hereby
conveys to Promoter permission to use City's name in all forms and media and in all manners, without
violation of City's respective rights of privacy or any other rights City may possess in connection with
its role in the production of Concerts on Broadway, except that City's logo may not be used in any
manner whatsoever without the express, written consent of the Mayor's Executive Assistant. To the
extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and
approve all promotional materials in advance of their publication, broadcast or dissemination. The
band shall be listed as "Kings of Swing" in all promotional materials that are created by City or within
the City's control.
C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the
obligations of Kings of Swing under this Agreement related to or that may relate to the band's talent or
expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent
or expertise, including, but not limited to, such obligations as transport and set-up of special
equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and
conditions of this Agreement.
D. Non-waiver of breach. 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.
E. Indemnification. Promoter shall, and hereby does, 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, and from any and all losses and
expenses caused or incurred by Promoter and/or Kings of Swing, their assistants, servants, agents,
employees, guests, and/or business invitees, in connection with this Agreement or activities related
thereto. Promoter and each member of Kings of Swing acknowledge that provision of the services
described hereunder presents risks, some of which are unknown, and do agree to assume all such
known or unknown risks.
F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of
Kings of Swing 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 the performance of this Agreement, whether such loss or damage
may be attributable to known or unknown conditions, except for liability arising out of concurrent or
sole negligence of City or its officers, agents or employees.
G. Relationship of Parties. Promoter and each member of Kings of Swing is an independent contractor
and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between Promoter or any member of Kings of Swing and City or any official, agent, or employee of
City. Promoter and Kings of Swing shall retain the right to perform services for others during the term
of this Agreement.
H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of
Kings of Swing shall comply with any and all applicable federal, state, and local laws.
PROFESSIONAL SERVICES AGREEMENT-KINGS OF SWING, CONCERTS ON BROADWAY PAGE 3 Of 5
I. Non-Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of
Kings of Swing shall discriminate against any person as to race, creed, religion, sex, age, national
origin, sexual orientation or any physical, mental, or sensory handicap.
J. 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, whether previous to the execution hereof or
contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered
except upon written agreement signed by both parties hereto.
I~. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or
establish any right or remedy under the terms and conditions of this Agreement, the prevailing party
shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent
jurisdiction, in addition to any other relief awarded.
L. 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.
NI. 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.
1~T. 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.
®. Successors and assigns. 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.
P. Notice. Any and all notice required to be provided by either of 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:
City: Kings of Swim
City of Meridian Tom Phelps
Emily Kane, Deputy City Attorney 10790 W. Hickory Drive
33 E. Broadway Avenue Boise, Idaho 83713
Meridian, Idaho 83642
Either party may change its address for the purpose of this section by giving written notice of such
change in the manner herein provided.
Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is
duly authorized to act as the representative and agent of Kings of Swing and each and every member
thereof. The undersigned further warrants that he is authorized to bind Kings of Swing and its
members to the obligations set forth herein, and to accept the liabilities as established herein on behalf
of Kings of Swing and its members.
PROFESSIONAL SERVICES AGREEMENT-KINGS OF SWING, CONCERTS ON BROADWAY PAGE 4 Of 5
It, 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 HE ®F, the parties hereto have executed this Agreement on the ,~ 'day of
2012.
I'It® TE
i f~-r_.__- '~'..
Tom Phelps or
Kings of Swing
CI ®~ NIE IAN:
BY
~~
~~ ,
~ycee I~g3lman, City Clerk
PROFESSIONAL SERVICES AGREEMENT-KINGS OF SWING, CONCERTS ON BROADWAY PAGE 5 Of 5
er® in City ouncil tin
T' o June 5, 2012 I
J T U
ITEM TITLE: Consent Agenda
Professional Services Agreement with High Street Entertainment, LLC for Musical Talent
for Concerts on Broadway on June 16, 2012 for aNot-to-Exceed Amount of $2,600.00
MEETING NOTES
~~~
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: I E_MSTAFF TO I AGENCOY I APPLICANT I NOTES I INITIALS
PROFESSIONAL SERVICES AGREEMENT
MUSICAL TALENT FOR CONCERTS ON BROADWAY
This PROFESSIONAL SERVICES AGREEMENT -MUSICAL TALENT FOR
CONCERTS ON BROADWAY ("Agreement") is made this day of June, 2012 ("Effective Date"),
by and between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho ("City") and Steve Goff, on behalf of High Street Entertainment, LLC, a limited liability company
organized under the laws of the State of Idaho, whose address is 2812 Greenvale Place, Nampa, Idaho,
Boise, Idaho ("Promoter").
WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members
of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the
Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the
Meridian City Hall plaza during the summer; and
WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of
High Street, a ten-piece band specializing in the performance of jazz and rock music;
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.
A. Performance. High Street shall perform for the public approximately fifteen (15) songs, from
7:00 p.m. to at least 8:30 p.m., on Saturday, June 16, 2012, in the plaza at Meridian City Hall, at
33 E. Broadway, Meridian, Idaho, with one fifteen-minute break during this time. In case of
inclement weather, the venue will be moved to an indoor location to be determined and agreed
upon separately by the Parties.
B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all
sound systems and equipment necessary to electronically amplify music and spoken
announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on June
16, 2012, and High Street may rehearse and/or perform sound checks at that time. All set-up,
rehearsal, and/or sound checks shall be completed by 6:30 p.m.
C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up
such risers, and shall utilize such materials necessary to protect City facilities from any and all
damage therefrom.
II. COMPENSATION.
A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this
Agreement in the amount of two thousand six hundred dollars ($2,600.00). This payment shall
constitute full compensation fiom City to Promoter and/or to the members of High Street for any
and all services, costs, and expenses related to services performed under this Agreement.
Promoter and/or the respective members of High Street shall be responsible for payment of any
and all taxes due and owing for payment received under this Agreement.
PROFESSIONAL SERVICES AGREEMENT -HIGH STREET, CONCERTS ON BROADWAY PAGE I Of 5
B. Cancellation of event. If High Street is present and prepared to perform at the time, date, and
place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set
forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the
members of High Sheet. Any decision regarding whether to cancel the performance shall be made
no earlier than 6:30 p.m. on June 16, 2011.
C. Method of payment. By June 6, 2012, Promoter shall provide City with: 1) a completed ACH
Form, 2) a copy of a voided check, 3) a completed W-9 form, and 4) an invoice in the amount of
two thousand six hundred dollars ($2,600.00) for services to be provided on June 16, 2012. So
long as all documents are complete and received by June 6, 2012, City shall pay Promoter in full
via direct deposit on June 16, 2012. If such documents are not received by June 6, 2012,
following the June 16, 2011 performance, Promoter shall provide City with: 1) a completed W-9
form, and 2) an invoice for the amount of two thousand six hundred dollars ($2,600.00) for
services provided, which invoice City shall pay within thirty (30) days of receipt thereof. Payment
of all taxes and other assessments on such sums shall be the sole responsibility of Promoter.
III. VENUE
A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City
Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue.
Promoter shall be solely responsible for any and all measures necessary to protect equipment,
instruments, and High Street members from damage due to weather and other conditions that do or
may exist.
B. Public venue. Promoter acknowledges that the venue is a public place and that all members of
the public shall be invited to attend. To this end, the members of High Street shall perform such
material and in such a manner as shall be appropriate for all ages, values, and sensibilities. High
Street's performance and attire shall not include language, attire, and/or behavior that is profane,
sexual, violent, or discriminatory.
C. City policy applies. Promoter and High Street shall comply with all City policies and codes
applicable to use of City property and facilities, including, but not limited to, policies of the
Meridian Parks and Recreation Department, and any requirements of the City Building
Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting
City facilities and property.
D. Photography and recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational
and public information purposes. City shall not be responsible for the actions of persons who are
not under its employment or control.
E. Merchandising. Promoter and/or High Street shall be authorized to sell albums and/or
merchandising material at the performance, and may retain the proceeds of such sales. City
respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the
Conceits on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter
and High Street shall be responsible for paying all sales and other taxes due and owing on the
proceeds from merchandise sold.
PROFESSIONAL SERVICES AGREEMENT -HIGH STREET, CONCERTS ON BROADWAY PAGE 2 Of 5
IV. TERMS AND CONDITIONS
A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be
performed in a timely manner. The Parties acknowledge and agree 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 breach of, and a default under, this Agreement by the party so failing to perform.
B. Promotion of event. City shall promote the performance in community promotional materials and
avenues, including the City newsletter, City website, Meridian Parks & Recreation Department
Activity Guide, and local media and event calendars. Promoter may undertake additional promotional
activities at his own expense and effort, subject only to the limitations set forth herein. City hereby
conveys to Promoter permission to use City's name in all forms and media and in all manners, without
violation of City's respective rights of pi7vacy or any other rights City may possess in connection with
its role in the production of Concerts on Broadway, except that City's logo may not be used in any
manner whatsoever without the express, written consent of the Mayor's Executive Assistant. To the
extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and
approve all promotional materials in advance of their publication, broadcast or dissemination. The
band shall be listed as "High Street" in all promotional materials that are created by City or within the
City's control.
C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the
obligations of High St`•eet under this Agreement related to or that may relate to the band's talent or
expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent
or expertise, including, but not limited to, such obligations as transport and set-up of special
equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and
conditions of this Agreement.
D. Non-waiver of breach. 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.
E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold hal~nless 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, and from any and all losses and
expenses caused or incurred by Promoter and/or High Street, their assistants, servants, agents,
employees, guests, and/or business invitees, in connection with this Agreement or activities related
thereto. Promoter and each member of High Street acknowledge that provision of the services
described hereunder presents risks, some of which are unknown, and do agree to assume all such
known or unknown risks.
F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of
High St~•eet 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 the performance of this Agreement, whether such loss or damage
may be attributable to known or unknown conditions, except for liability arising out of concurrent or
sole negligence of City or its officers, agents or employees.
G. Relationship of Parties. Promoter and each member of High Street is an independent contractor and
is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
PROFESSIONAL SERVICES AGREEMENT-HIGH STREET, CONCERTS ON BROADWAY PAGE 3 Of 5
between Promoter or any member of High Street and City or any official, agent, or employee of City.
Promoter and High St~•eet shall retain the right to perform services for others during the term of this
Agreement.
H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of
High Street shall comply with any and all applicable federal, state, and local laws.
I. Non-Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of
High Street shall discriminate against any person as to race, creed, religion, sex, age, national origin,
sexual orientation or any physical, mental, or sensory handicap.
J. 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, whether previous to the execution hereof or
contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered
except upon written agreement signed by both parties hereto.
K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or
establish any right or remedy under the terms and conditions of this Agreement, the prevailing party
shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent
jurisdiction, in addition to any other relief awarded.
L. 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 cotuts of Ada
County, Idaho.
M. 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.
N. 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.
O. Successors and assigns. 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.
P. Notice. Any and all notice required to be provided by either of 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:
City: Promoter:
City of Meridian High Street Entertainment, LLC
Emily Kane, Deputy City Attorney 2812 Greenvale Place
33 E. Broadway Avenue Nampa ID 83686
Meridian, Idaho 83642
Either party may change its address for the purpose of this section by giving written notice of such
change in the manner herein provided.
PROFESSIONAL SERVICES AGREEMENT-HIGH STREET, CONCERTS ON BROADWAY PAGE 4 Of 5
Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is
duly authorized to act as the representative and agent of High Street Entertainment, LLC and High
Street, and each and every member thereof. The undersigned fuI•ther wai7ants that he is authorized to
bind High Street, High Street Entertainment, LLC, and their members to the obligations set forth
herein, and to accept the liabilities as established herein on behalf of High Street Entertainment, LLC,
High Street, and their members.
R. 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 the 5th day of
June, 2012.
PROMOTER:
teve Goff, Mem er
High Street Entertai ent, LLC
CITY OF MERIDIAN:
PROFESSIONAL SERVICES AGREEMENT-HIGH STREET, CONCERTS ON BROADWAY PAGE 5 of 5
ri ian ity ouncil in
T' :June 5, 2012 I
J U
ITEM TITLE: Consent Agenda
5
Approval of Award of Bid and Agreement for "Chemical Feed Building -Construction"
to Irminger Construction for the Not-To-Exceed Amount of $524,657.00
DATE: I E-MSTAFF TO I AGENCOY I APPLICANT I NOTES I INITIALS
'ro: Jaycee L. Holman, City Clerk,
Ero: Keith Watts, Purchasing Manager
: David Allison, Jacy Jones
ate: 5/31 /12
Re: June 5 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
June 5~' City Council Consent Agenda.
Approval of Award of Bid and Agreement for "Chemical Feed Building -Construction"
to Irminger Construction for the Not-To-Exceed amount of $524,657.00.
This award is the result of Formal IFB #PW-12-10158C issued April 23`d and opened
May 10th. Seven bids were received.
Recommended Council Action: Approval of Award of Bid and Agreement for
the Not-To-Exceed amount of the Low Bid of $524,657.00.
Thank you for your consideration.
® Page 1
Mayor Tammy de Weerd
Keith Watts
David Allison
Staff Engineer
5130/2012
Project Information; WWTP Chemical Feed Building Construction
I. DEPARTMENT CONTACT PERSONS
David Allison, Staff Engineer (Project Manager) 489-0370
Clint Dolsby, Asst. City Engineer 489-0341
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Public Worlcs Director 489-0372
II. DESCRIPTION
Ci~y- C®caeeail ~9emberj~
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
A. Background
During the winter months when the wastewater temperature declines, the WWTP has
difficulty achieving nitrogen removal while maintaining acceptable solids removal in the
secondary clarifiers and waste activated sludge (WAS) thickening in the dissolved air
floatation thickener (DAFT) process. Also, excess foam has been an issue in the aeration
basins. Microthrix parvicella growth (a filamentous organism) has been identified as the
primary cause of the settleability and foam issues. Plant staff have attempted to solve the
settleability, foanung, and nitrogen removal issues operationally, but at the low winter
water temperatures a balance carulot be reliably achieved to meet each process need.
Therefore, chemicals have been added to the return activated sludge (RAS) during the
winter months to assist with process control.
B. Proposed Proiect
The proposed project will be to construct a pei7nanent chenucal storage building and feed
system needed to offer a higher level of reliability, operational control, and process
efficiency. This project will replace the temporary chenucal feed facilities located in
different buildings around the plant. The availability of reliable chenucal addition will
also allow the WWTP to provide reclaimed water that meets pernut requirements during
the in-igation delivery season.
Page I of 2
III. IMPACT
A. Strateeic Impact:
This project is aligned with the Public Works objective of being opportunistic in plaru~ing
for growth and infrastructure needs.
B. Service/Delivery Impact:
The construction of this facility will increase plant efficiency and reliability, especially
during winter months.
C. Fiscallinpacts:
Budgeted Amount (3590-95000) $700,000.00
Current Obligations (3590-95000) $112,000.00
Balance Available for Construction (3590-95000) $588,000.00
Proposed Construction Cost (3590-95000) $524,657.00
Unobligated Balance $63,343.00
IV. TIME CONSTRAINTS
Execution of the attached contract is critical in order to begin construction and complete the
facility in time for startup during the winter months when the facility will be necessary.
V
LIST OF ATTACHMENTS
A. Contract
Approved for Council Agenda
War en Stewart
~S 3®/ / '~
llate
l
Yrrge 2 of 2
AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
(CHEMICAL FEED BUILDING -CONSTRUCTION)
PROJECT 10158c
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made
this 5t" day of June, 2012, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter
referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Irminger
Construction, Inc., hereinafter referred to as "CONTRACTOR", whose business address
is 3473 Brookside Ln., Boise ID 83714 and whose Public Works Contractor
License # is C-11844-AAA-3-4.
INTRODUCTION
Whereas, the City has a need for services involving the CHEMICAL FEED
BUILDING -CONSTRUCTION; and
WHEREAS, the Contractor is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of
this Agreement and receipt of the City's written notice to proceed, all services
and work, and comply in all respects, as specified in the document titled
"Scope of Work" a copy of which is attached hereto as Attachment "A" and
incorporated herein by this reference, together with any amendments that
may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Contractor under this Agreement, including without limitation
electronic data files, are the property of the Contractor; provided, however,
the City shall have the right to reproduce, publish and use all such work, or
any part thereof, in any manner and for any purposes whatsoever and to
authorize others to do so. If any such work is copyrightable, the Contractor
may copyright the same, except that, as to any work which is copyrighted by
the Contractor, the City reserves a royalty-free, non-exclusive, and
irrevocable license to reproduce, publish and use such work, or any part
thereof, and to authorize others to do so.
CHEMICAL FEED BUILDING -CONSTRUCTION page 1 of 11
Project 10158c
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions. The
Contractor represents and warrants that it will perform its work in accordance
with generally accepted industry standards and practices for the profession
or professions that are used in performance of this Agreement and that are
in effect at the time of performance of this Agreement. Except for that
representation and any representations made or contained in any proposal
submitted by the Contractor and any reports or opinions prepared or issued
as part of the work performed by the Contractor under this Agreement,
Contractor makes no other warranties, either express or implied, as part of
this Agreement.
1.4 Services and work provided by the Contractor at the City's request
under this Agreement will be performed in a timely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on aNot-To-Exceed basis as
provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof for the Not-To-Exceed amount of $524,657.00
2.2 The Contractor shall provide the City with a monthly statement, as the
work warrants, of fees earned and costs incurred for services provided during
the billing period, which the City will pay within 30 days of receipt of a correct
invoice and approval by the City. The City will not withhold any Federal or
State income taxes or Social Security Tax from any payment made by City to
Contractor under the terms and conditions of this Agreement. Payment of all
taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not
be entitled to receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement including, but not limited to, meals, lodging,
transportation, drawings, renderings or mockups. Specifically, Contractor
shall not be entitled by virtue of this Agreement to consideration in the form
of overtime, health insurance benefits, retirement benefits, paid holidays or
other paid leaves of absence of any type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, (b)
CHEMICAL FEED BUILDING -CONSTRUCTION page 2 of 11
Project 10158c
September 30, 2012 or (c) unless sooner terminated as provided below or
unless some other method or time of termination is listed in Attachment A.
3.2 Should Contractor default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may terminate
this Agreement by giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation
set forth in Attachment B of this Agreement on the date due, Contractor, at
the Contractor's option, may terminate this Agreement if the failure is not
remedied by the City within thirty (30) days from the date payment is due.
3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED
DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall have 150(one
hundred fifty) calendar days to complete the work as described herein.
Contractor shall be liable to the City for any delay beyond this time
period in the amount of three hundred dollars ($300.00) per calendar
day. Such payment shall be construed to be liquidated damages by the
Contractor in lieu of any claim or damage because of such delay and
not be construed as a penalty.
4. Termination:
4.1 If, through any cause, CONTRACTOR, its officers, employees, or
agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this
Agreement, falsifies any record or document required to be prepared under
this agreement, engages in fraud, dishonesty, or anyotheract of misconduct
in the performance of this contract, or if the City Council determines that
termination of this Agreement is in the best interest of CITY, the CITY shall
thereupon have the right to terminate this Agreement by giving written notice
to CONTRACTOR of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date of such
termination. CONTRACTOR may terminate this agreement at any time by
giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this
Agreement shall, at the option of the CITY, become its property, and
CONTRACTOR shall be entitled to receive just and equitable compensation
for any work satisfactorily complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any
breach of this Agreement by CONTRACTOR, and the CITY may withhold
any payments to CONTRACTOR for the purposes of set-off until such time
as the exact amount of damages due the CITY from CONTRACTOR is
CHEMICAL FEED BUILDING -CONSTRUCTION page 3 of 11
Project 10158c
determined. This provision shall survive the termination of this agreement
and shall not relieve CONTRACTOR of its liability to the CITY for damages.
5. Independent Contractor:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be
acting as an independent contractor, and neither CONTRACTOR nor any
officer, employee or agent of CONTRACTOR will be deemed an employee of
CITY. Except as expressly provided in Attachment A, Contractor has no
authority or responsibility to exercise any rights or power vested in the City
and therefore has no authority to bind or incur any obligation on behalf of the
City. The selection and designation of the personnel of the CITY in the
performance of this agreement shall be made by the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves as
independent contractors and not as employees of the City.
5.3 Contractor shall determine the method, details and means of
performing the work and services to be provided by Contractor under this
Agreement. Contractor shall be responsible to City only for the requirements
and results specified in this Agreement and, except as expressly provided in
this Agreement, shall not be subjected to City's control with respect to the
physical action or activities of Contractor in fulfillment of this Agreement. If in
the performance of this Agreement any third persons are employed by
Contractor, such persons shall be entirely and exclusively under the direction
and supervision and control of the Contractor.
6. Indemnification and Insurance:
6.1 CONTRACTOR shall indemnify and save and hold harmless CITY
from and for any and all losses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from, or
in connection with the performance of this Agreement by the
CONTRACTOR, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortious conduct of
CITY or its employees. CONTRACTOR shall maintain and specifically
agrees that it will maintain, throughout the term of this Agreement liability
insurance, in which the CITY shall be named an additional insured in the
minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Automobile Liability Insurance One
Million Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required by law.. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable for
an amount in excess of the insurance limits, herein provided,
CHEMICAL FEED BUILDING -CONSTRUCTION page 4 of 11
Project 10158c
CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, orjudgments for
damages or injury to persons or property and other costs, including litigation
costs and attorneys' fees, arising out of, resulting from , or in connection with
the performance of this Agreement by the Contractor or Contractor's officers,
employs, agents, representatives or subcontractors and resulting in or
attributable to personal injury, death, or damage or destruction to tangible or
intangible property, including use of. CONTRACTOR shall provide CITY with
a Certificate of Insurance, or other proof of insurance evidencing
CONTRACTOR'S compliance with the requirements of this paragraph and
file such proof of insurance with the CITY at least ten (10) days prior to the
date Contractor begins performance of it's obligations under this Agreement.
In the event the insurance minimums are changed, CONTRACTOR shall
immediately submit proof of compliance with the changed limits. Evidence of
all insurance shall be submitted to the City Purchasing Agent with a copy to
Meridian CityAccounting, 33 East BroadwayAvenue, Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Contractor shall provide a bond, cash or
letter of credit guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, Contractor's
Insurance coverage shall be primary insurance regarding the City's elected
officers, officials, employees and volunteers. Any insurance or self-
insurance maintained by the City or the City's elected officers, officials,
employees and volunteers shall be excess of the Contractor's insurance and
shall not contribute with Contractor's insurance except as to the extent of
City's negligence.
6.4 The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. Bonds: Payment and Performance Bonds are required on all Public Works
Improvement Projects perthe ISPWC and the City of Meridian Supplemental
Specifications & Drawings to the ISPWC, which by this reference are made a
part hereof.
CHEMICAL FEED BUILDING -CONSTRUCTION page 5 of 11
Project 10158c
8. Warranty: Contractor must warrant the project per the ISPWC and the City
of Meridian Supplemental Specifications & Drawings to the ISPWC, which by
this reference are made a part hereof.
9. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and be
deemed communicated when mailed in the United States mail, certified,
return receipt requested, addressed as follows:
CITY
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, ID 83642
208-888-4433
CONTRACTOR
Irminginer Construction, Inc.
Attn: Carllrminger
3473 Brookside Ln.
Boise, ID 83714
Phone: 208-939-1031
Email: irmingerconstruction@msn.com
Idaho Public Works License #
C-11844-AAA-3-4
Either party may change their address for the purpose of this paragraph by
giving written notice of such change to the other in the manner herein
provided.
10. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable
attorneys' fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
11. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
12. Assignment: It is expressly agreed and understood by the parties hereto,
that CONTRACTOR shall not have the right to assign, transfer, hypothecate
or sell any of its rights under this Agreement except upon the prior express
written consent of CITY.
13. ®iscrimination Prohibited: In performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal,
state or local law, rule or regulation against any person on the basis of race,
color, religion, sex, national origin or ancestry, age or disability.
CHEMICAL FEED BUILDING -CONSTRUCTION page 6 of 11
Project 10158c
14. Reports and Information:
14.1 At such times and in such forms as the CITY may require, there shall
be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
14.2 Contractor shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this Agreement
for a minimum of four (4) years from the termination or completion of this or
Agreement. This includes any handwriting, typewriting, printing, photo static,
photographic and every other means of recording upon any tangible thing,
any form of communication or representation including letters, words,
pictures, sounds or symbols or any combination thereof.
15. Audits and Inspections: At any time during normal business hours and as
often as the CITY may deem necessary, there shall be made available to the
CITY for examination all of CONTRACTOR'S records with respect to all
matters covered by this Agreement. CONTRACTOR shall permit the CITY to
audit, examine, and make excerpts or transcripts from such records, and to
make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
16. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the
United States or in any other country. The CITY shall have unrestricted
authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
17. Compliance with Laws: In performing the scope of work required
hereunder, CONTRACTOR shall comply with all applicable laws, ordinances,
and codes of Federal, State, and local governments.
18. Changes: The CITY may, from time to time, request changes in the Scope
of Work to be performed hereunder. Such changes, including any increase
or decrease in the amount of CONTRACTOR'S compensation, which are
mutually agreed upon by and between the CITY and CONTRACTOR, shall
be incorporated in written amendments which shall be executed with the
same formalities as this Agreement.
19. Construction and Severability: If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainderof
the Agreement is reasonably capable of completion.
20. Waiver of ®efault: Waiver of default by either party to this Agreement shall
not be deemed to be waiver of any subsequent default. Waiver or breach of
CHEMICAL FEED BUILDING -CONSTRUCTION page 7 of 11
Project 10158c
any provision of this Agreement shall not be deemed to be a waiver of any
other or subsequent breach, and shall not be construed to be a modification
of the terms of this Agreement unless this Agreement is modified as provided
above.
21. Advice of Attorney: Each party warrants and represents that in executing
this Agreement. It has received independent legal advice from its attorney's
or the opportunity to seek such advice.
22. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings, oral
of written, whether previous to the execution hereof or contemporaneous
herewith.
23. Order of Precedence: The order or precedence shall be the contract
agreement, the Invitation for Bid document, then the winning bidders
submitted bid document.
24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq.,
information or documents received from the Contractor may be open to
public inspection and copying unless exempt from disclosure. The Contractor
shall clearly designate individual documents as "exempt" on each page of
such documents and shall indicate the basis for such exemption. The CITY
will not accept the marking of an entire document as exempt. In addition, the
CITY will not accept a legend or statement on one (1) page that all, or
substantially all, of the document is exempt from disclosure. The Contractor
shall indemnify and defend the CITY against all liability, claims, damages,
losses, expenses, actions, attorney fees and suits whatsoever for honoring
such a designation or for the Contractor's failure to designate individual
documents as exempt. The Contractor's failure to designate as exempt any
document or portion of a document that is released by the CITY shall
constitute a complete waiver of any and all claims for damages caused by
any such release.
25. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
26. Approval Required: This Agreement shall not become effective or binding
until approved by the City of Meridian.
CHEMICAL FEED BUILDING -CONSTRUCTION page 8 of 11
Project 10158c
CITY OF M RI®IAN
IRII~INGR CONSTRUCTION, INC
BY: °`
CARL IRMINGER, President
Dated
a
Approved by Council ~ ~ ~ 'ter
Attest:
~_
t
E'J'_. HOLMA¢N, CITY CLE
Purchasing Approval
~~._
BY: ,-°
f
KEITATTS, Purchasing Manager
Dated: ~ i ~
City of
E IDIAN~
~ IDAHO
9f
~~°~+ae racps~~
nt ApproJ~al
BY:
WA REN STEWA ,Engineering Manager
Dated: ~~ ~~ ~ ~ ~
CHEMICAL FEED BUILDING -CONSTRUCTION page 9 of 11
Project 10158c
Attachment A
SCOPE OF WORK
R T IIdVITATI N 1° I -1-1015~c
ALL A NU , ATTAWM NT , AN HI I1' included in the
Invitation to id ackage -1-1015~c, are by this reference m ade
a part hereof.
CHEMICAL FEED BUILDING -CONSTRUCTION page 10 of 11
Project 10158c
Attachment B
MILESTONE /PAYMENT SCH®UL
A. Total and complete compensation for this Agreement shall not exceed
$524,657.00.
PRICING SCHEDULE
Contract includ
CHEMICAL FE es furnishing all labor, materials, equipment, and incidentals as required for the
ED BUILDING -CONSTRUCTION per IFB PW-12-10158c
Total Bid Schedule ...................$524,657.00
CONTRACT TOTAL ....................... $524,657.00
Item No. Item Description Unit Unit Price
1. Mobilization and demobilization LS $10,000.00
2 Demolition and removal of site materials,
asphalt paving, concrete, and other
LS
$~ o,ooo.oo
3 Supplying, placing, grading, compaction,
and geotechnical testing for sub-base
LS
$10,000.00
4. Installation of asphalt pavement. LS $10,000.00
5. Yard piping and pull boxes. LS $100,000.00
6 Chemical feed systems, components, and
tanks. LS $100,000.00
7. Chemical feed building. LS $284,657.00
Travel expenses, if applicable, will be paid at no more than the City of Meridian's
Travel and Expense Reimbursement Policy.
CHEMICAL FEED BUILDING -CONSTRUCTION page 11 of 11
Project 10158c
er®din ®y until t®n
T :June 5, 2012 I U 5
~~
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: I E_MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS
3
~~ ~.
7°0: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Clint Dolsby, Jacy Jones
ate: 5/30/12
e: June 5 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
June 5th City Council Consent Agenda.
Approval of Award of Bid "RAS Reconfiguration Equipment" to multiple vendors and
authorize the Purchasing Manager to issue and sign purchase orders for the following
amounts:
Wesco - $82,328.00 (Switchboard)
UtilityUtility Management - $28,816.00 (Submersible Mixers)- $28,816.00 (Submersible Mixers)
Pacific Equipment - $163,200.00 (Vertical Turbine Pumps)
This award is the result of Formal IFB #PW-12-10328C issued May 7th and opened
May 22~d. Four bids were received.
Recommended Council Action: Approval of Award of Bid and authorization to
issue and sign Purchase Orders for the Not-1'o-Exceed amount of the total of
the Low Bids of $274,344.00.
Thank you for your consideration.
s Page 1
Mayor Tammy de Weerd
~-_ --
TO:
FROM:
DATE:
SUBJECT:
Keith Watts
Clint Dolsby
Assistant City Engineer
5/30/2012
Project Information; WWTP RAS Reconfiguration Equipment
I. DEPARTMENT CONTACT PERSONS
Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Public Works Director 489-0372
II. DESCRIPTI®N
City C®aenail Menrberfa
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
A. Back rg ound
The City of Meridian wastewater treatment plant pet7odically experiences mixed
liquor settleability problems due to the excessive growth of Microthrix Parvicella
(MP) in their secondary process which diminishes secondary clarifier capacity.
Plant staff controls settleability by reducing the solids retention time (SRT) to
less than fotu• days, thereby wasting MP from the process at the cost of
wastewater plant capacity. A total nitrogen (TN) effluent concentration of 15
mg/L is required for Class A reclaimed water which is difficult to obtain at this
low SRT.
B. Proposed Project
The proposed project will be the procurement of the equipment for the project to
reroute the return activated sludge to the Aeration Basins through a denitt7fication
basin in an effort to inhibit the growth of microthrix and promote the
effectiveness of the fermentation process. Inhibiting the growth of microthrix will
in turn provide more reliable removal of nitrogen and increase the capacity of the
secondary treatment system to the rated plant capacity. Without this project, the
wastewater plant will continue to experience microthrix caused settleability issues
which increases our vulnerability to NPDES permit violations in our pending
permit and could impact our ability to deliver reclaimed water. Additionally, the
fermentation process will be less effective without the denitrificationbasrn.
Page 1 of 2
III. IMPACT
A. Strategic Impact:
This project will help to work towards the strategic objectives to increase
efficiencies at the Wastewater Treatment Plant and investigate alternative
methods of wastewater treatment to reduce nitrogen and phosphorous loadings
into our receiving stream.
B. ServicelDeliver.~mpact:
Improving the efficiency of the operation of the biological treatment processes
will increase the secondary treatment capacity of the wastewater treatment plant.
This will provide operational flexibility for the biological phosphonis removal
processes in the aeration basins.
C. FiscalImnacts:
Budgeted Amount (3590-96101) $825,000.00
Current Obligations (3590-96101) $252,751.00
Balance Available (3590-96101) $572,249.00
Equipment Bid (3590-96101) $274,344.00
Unobligated Balance $297,905.00
IV. TIME CONSTRAINTS
Council's approval will allow the procurement of the equipment for this critical
project at the wastewater treatment plant to be completed this spring and
construction to begin in the late spring or early summer of this fiscal year.
V
LIST OF ATTACHMEI`T'''°
A. Equipment Bids
Approved for Council Agenda:
rj' ..~~ I
Date
Page 2 of 2
3~
a ~ ~ ~ '`
'i°®: Jaycee L. Holman, City Clerk,
from: Keith Watts, Purchasing Manager
CC: Roxanne Holland, Jacy Jones
®ate: 5!30/12
Re: June 5 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
June 5't' City Council Agenda under Purchasing Department Report.
Approval of Award of Bid and Agreement for "RAS Reconfiguration Eauipment" to
multiple vendors and authorize the Purchasing Manager to issue and sign purchase
orders and/or equipment contracts for the following amounts
Wesco - $82,328.00 (Switchboard)
Utility Management - $28,816.00 (Submersible Mixers
Pacific Equipment - $163 200.00 (Vertical Turbine Pumps)
This award is the result of Formal IFB #PW-12-10328C issued May 7~' and opened
May 22~d. Four bids were received.
Recommended Council Action: Approval of Award of Bid and Agreement for
the Not-To-Exceed amount of the Low Bid of $54,899.00.
Thank you for your consideration.
® Page 1
ri in ity Council eetin
°f :June 5, 2012 I lJ 5
J T U
ITEM TITLE: Consent Agenda
CLERKS OFFICE FINAL ACTION
DATE: I E_MSTAFF TO I AG NCY I APPLICANT I NOTES I INITIALS
~ i-®°
a ~ ~ ~ ~~ ,
°,
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 5/14/2012
Mayor Tammy de Weerd
Ci4y C®uncil Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David zaremba
SUBJECT: Water & Sewer Easement for Zebulon Heights Subdivision #5
I. RECOMMENDED ACTION
A. Move to:
1. Approve a new easement for water and sewer infrastructure to serve future
phase of Zebulon Heights Subdivision. The aforementioned items are
stubbed into a future roadway to provide service into a future phase.
2. Authorize the Mayor to sign the easement, and the City Clerk to attest.
IL DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Director of Community Development 489-1569
Bruce Freckleton, Development Services Manager 489-0362
Scott Steckline, Land Development Supervisor 489-0369
Denny Cline, Development Analyst II 489-0363
Supervisor Approval __
Scott Steckline: Land Development Supervisor
Pnge 1 of 1
ADA COUNTY RECORDER Christopher D, Rich AMOUNT •00 6
BOISE IDAHO 06/07/12 12;20 PM
DEPUTY Gait Garrell ~~~ ~'I~'I~'fI'II'`II'I~~I'~'II~'II'I~
RECORDED-REQUEST OF I I I
City of Meridian i 1._'G=1~~}r, t f;
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this '~ day of ~ ~ ~ ` , 2012, between The
Traditions by Amyx II, LLP, an Idaho limited liability company, the parties of the first part, and
hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second
part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of--way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
Zebulon Heights Sub. No. 5 Sanitary Sewer and Water Main Easement EASMT Sandal
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of--way and easement hereby granted shall become part of, or lie within the boundaries
of, any public street, then, to such extent such right-of--way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTORS
THE TRADITIONS BY AMYX II, LLP
~.
~- Q
,-
Todd Amyx,'Nai-tner
13967 W. Wainwright, Suite 102
Boise, ID 83713
Zebulon Heights Sub. No. 5 Sanitary Sewer and Water Main Easement EASMT Sandal
STATE OF IDAHO )
ss
County of Ada )
r'~
On this J day of _~ , 2012, before me, the undersigned, a Notary
Public in and for said State, perso lly appeared Todd Amyx, known or identified to me to
be the Partner of the limited liability partnership that executed the within instrument, and
acknowledged to me that such limited liability partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
NO ARY PUBLIC FOR IDAHO
Residing at: t ~ F a 61c7
Commission Expires: ~~ ~ I o2~ ~ (~
T-
GRANTEE: CITY OF MERIDIAN
Tammy de Wj
~: -~ ~ ~oAe~9
r F ~*
gym. ; ~ -® 3
Attest by Ja~jcee L. Holman, City Clerk ~'FR~, ~~.~.°"~
acy of
E IDIAN~
f~he TAeAg
Approved By City Council On: ~ ~ ~ ~
Zebulon Heights Sub. No. 5 Sanitary Sewer and Water Main Easement EASMT Sandal
STATE OF IDAHO )
ss.
County of Ada )
On this ~ day of ~_~U~n2. , 2012, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, 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.
9
(SEAL) o NO RY PUBLI FOR IDA O
' ,PJ Residing at: ~e~r~d\c~.~ `17
r; , .
- Commission Expires: ~~a ~ ~ ~ ~(~ 1 L_~
Zebulon Heights Sub. No. 5 Sanitary Sewer and Water Main Easement EASMT Sandal
April 27, 2012
CITY OF IVIERIDIAIm1 SEWER E11~ID WATER EASEMENT
PROPOSED ZEBULOIeI HEIGIFITS SUBDIVISION NO. 5
Easement for the City of Meridian Sewer and Water Facilities, located in the NE %, of
Section 32, T.4N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the northeast corner of Section 32, from which the North 1/4 corner
of said Section 32, bears South 89°54'46" West, 2655.65 feet; Thence South 89°54'46"
West, 1906.57 feet along the north line of the NE '/, to a point; Thence leaving said north line
South 00°OS' 14" East, 927.36 feet to the POINT OF BEGINNING of this easement
description;
Thence South 43°39'53" East, 42.00 feet to a point;
Thence South 46°20'07" West, 37.00 feet to a point;
Thence North 43°39'53" West, 42.00 feet to a point;
Thence North 46°20'07" East, 37.00 feet to the POIN"f OF BEGINNING of this
easement description.
Said easement containing 1,554 SF, more or less.
Page 1 of 1
111101-SEWER WATER EASE.doc
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1029 N, ROSARIO ST., STE. 100
.MERIDIAN, IDAHO 83642
Phone (208) 938-0980 fox (208) 938-0941
eri in City Council Meetin
°T :June 5, 2012 IT NUM H
J T U
ITEM TITLE: Consent Agenda
Approval of a Multi-Use Pedestrian Pathway Easement for Zebulon Heights Subdivision
No. 5
MEETING NOTES
~r~~'
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: I E-MSTAFF TO I AGENCY I APPLICANT NOTES INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT ,00 5
BOISE IDAHO 06!07112 12:20 PM ++ i
RECORDEDafREQUEST OF I!~ iIIIIIIIIiIIIIIIIiIIIIIIIIIIIIi ~~~
City of Meridian 11 ~~4_i~.#r,~~G^i
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this ~ day of ~.,)~Q, , 2012,
between The Traditions by Amyx II, LLP, an Idaho limited liability partnership, the party of the
first part, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal
corporation, the party of the second part, hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of a development on which portions of the Meridian
Loop Multiple-Use Pathway is located; and
WHEREAS, the Grantee required as a condition of approval that the Grantor provide an
easement for the pedestrian pathways, which easements are to be shown on the plat of
Zebulon Heights Subdivision No. 5; and
WHEREAS, Grantor was responsible for the construction of the pathways with adjacent
landscaping; and
WHEREAS, it may be necessary for Grantee to maintain and service said pathways from
time to time;
NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following
described property:
(SEE ATTACHED EXHIBIT A)
The easement hereby granted is for the purpose of providing pedestrian pathway
easements for multiple-use pathways designated in the City of Meridian Comprehensive
Plan, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and
assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that maintenance, repair, and replacement shall be performed by Grantor until such time
that the multiple-use pathway through Zebulon Heights Subdivision connects from one
major arterial to another and is greater than one-half mile long. After these conditions
have been fulfilled, Grantor may petition Grantee to assume maintenance, repair, and
replacement responsibilities. After malting repairs or performing other maintenance, the
party performing such work shall restore the area of the easement and adjacent property to
that existent prior to undertaking such repairs and maintenance. However, Grantee shall
Pedestrian Pathway Easements Zebulon Heights Subdivision No. 5
not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easement.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of
the easement hereby granted become part of, or lie within the boundaries of any public
street, then, to such extent, such easement hereby granted which lies within such boundary
thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and
lawful right to convey said easement, and that it will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its
signature the day and year first hereinabove written.
GRANTOR:
The Tradti by Amyx 1I, LLP ~_
~= °-~ ;~
~ ~~ ._
Todd Amyx, Partner
STATE OF IDAHO
County of Ada
ss
r
On this 3 day of , 2012, before me, the undersigned, a
Notary Public in and for said State, pe nally appeared Todd Amyx, known or identified
to me to be a Partner of the limited liability partnership that executed the within
instrument, and acknowledged to me that such partnership executed the same.
IN W WHEREOF, I have hereunto set my hand and affixed my official seal the
Pedestrian Pathway Easements Zebulon Heights Subdivision No. 5
GRANTEE: CITY OF MERIDIAN
.~-®-r. ~ - - -- - - Qo4 eonv~Usr,
Tammy de e d, Mayor ~GO~ r9o~
STATE OF IDAHO )
ss.
County of Ada )
On this ~ day of '~J~r'1°E'_ , 2012, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE
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.
~~'~ ~ NO ARY PUBahIC FOR I HO
(SEAL) t _
'~~ `~ Residing at: ~, l
Commission Expires: v I ~-
Pedestrian Pathway Easements Zebulon Heights Subdivision No. 5
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SALE '~-~50~ MERIDIAN CITY MULTIUSE ~ ~ ~ ~ ~ ~ ~°~~
DWG.DATE 05~17~12 PATHWAY EASEMENT ~-~ ~ ! ~
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~r~oJ. ~0~ ~ ~ ~ ~~1 PROPOSED ZEBULON HEIGHTS SU~3D, N0.5 ~~_~ ~~~~~~_~~~~~~,'J~~~:~~~P
st~E~t' _
1 ~~ ~ LOCATED IN SECTION 31 1029 N. ROSARIO '~f., STE. 100
T.N., R.1 E., B.M. MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fax (208) 936-0941
111101-SWF~iSE.OWG MERIDIAN, ADA COUNTY, IDAHO __
N
BASIS OF BEARING
/ 29 S 89'54'46" W 2655.65' W, McM111.fW ROAD 29 2~
1 F0U 3`~ 4.81' ~~~~U~T 2480.84' . 32 33 p~FN e`~s
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LINE BEARING DISTANCE
L1 S 89°26'38" E 26.58'
L2 S 38'14'42" E 280.73'
L3 S 06°45'18" W 17.51'
L4 S 51 °45' 18" W 114.29'
~- 11 11 ~ ~ ~ ,5 ~, M
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PATHWAY EASEMENT 1
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2 OF 2 LOCATED IN SECTION 32 1029 N. RC7SARI0 .r., 51~. 100
T.4N., R.1 E., B.M. MERIDIAN, IDAHO 83642
~MER-SWEASE.DWG
~~._ .,~-.m. _ , ~..
MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938--0941
____ _ __
- -_=--=-_T-
CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BRG.
C1
.-.. 65°30'24" 312,00
.... 356.71 200.71 337.60 S 56'41'26" E
C2
14'18'27"
388.00
96,139
48.70
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T :June 5, 2012 IT 1
J U
ITEM TITLE: Consent Agenda
Approval of Agreement for "Radio Path Design" to Brown & Caldwell for the Not-To-
Exceed Amount of $62,279.00
MEETING NOTES
~n~~
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO ( SENT TO I SENT TO I NOTES I INITIALS
STAFF AGENCY APPLICANT
AGREEMENT
FOR
PROFESSIONAL SERVICES
~~
~~~~- THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this ~ day
of (~Va~2012, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Brown and Caldwell,
hereinafter referred to as "CONSULTANT", whose business address is 950 W Bannock
St., Ste. 250, Boise, ID 83702.
INTRODUCTION
and
Whereas, the City has a need for services involving Radio Path -Design;
WHEREAS, the Consultant is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
Scope of Services:
1.1 CONSULTANT shall perform and furnish to the City upon execution of this
Agreement and receipt of the City's written notice to proceed, all services, and
comply in all respects, as specified in the document titled "Scope of Services" a
copy of which is attached hereto as Attachment "A" and incorporated herein by
this reference, together with any amendments that may be agreed to in writing by
the parties.
1.2 All documents, drawings and written work product prepared or produced
by the Consultant under this Agreement, including without limitation electronic
data files, are the property of the Consultant; provided, however, the City shall
have the right to reproduce, publish and use all such work, or any part thereof, in
any manner and for any purposes whatsoever and to authorize others to do so.
If any such work is copyrightable, the Consultant may copyright the same, except
that, as to any work which is copyrighted by the Consultant, the City reserves a
royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use
such work, or any part thereof, and to authorize others to do so.
Professional Service Agreement - Radio Path -Design - page 1 of 14
Project 10157c
1.3 The Consultant shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions. The
Consultant represents and warrants that it will perform it's work in accordance
with generally accepted industry standards and practices for the profession or
professions that are used in performance of this Agreement and that are in effect
at the time of performance of this Agreement. Except for that representation and
any representations made or contained in any proposal submitted by the
Consultant and any reports or opinions prepared or issued as part of the work
performed by the Consultant under this Agreement, Consultant makes no other
warranties, either express or implied, as part of this Agreement.
1.4 Services and work provide by the consultant at the City's request under
this Agreement will be performed in a timely manner in accordance with a
Schedule of Work, which the parties hereto shall agree to. The Schedule of
Work may be revised from time to time upon mutual written consent of the
parties.
2. Consideration
2.1 The Consultant shall be compensated on a lump sum basis as provided in
Attachment B "Payment Schedule" attached hereto and by reference made a
part hereof.
2.2 The Consultant shall provide the City with a monthly statement, as
services warrant, of fees earned and costs incurred for services provided during
the billing period, which the City will pay within 30 days of receipt of a correct
invoice and approval by the City. The City will not withhold any Federal or State
income taxes or Social Security Tax from any payment made by City to
Consultant under the terms and conditions of this Agreement. Payment of all
taxes and other assessments on such sums is the sole responsibility of
Consultant.
2.3 Except as expressly provided in this Agreement, Consultant shall not be
entitled to receive from the City any additional consideration, compensation,
salary, wages, or other type of remuneration for services rendered under this
Agreement., including ,but not limited to, meals, lodging, transportation,
drawings, renderings or mockups. Specifically, Consultant shall not be entitled
by virtue of this Agreement to consideration in the form of overtime, health
insurance benefits, retirement benefits, paid holidays or other paid leaves of
absence of any type or kind whatsoever.
Professional Service Agreement - Radio Path -Design - page 2 of 14
Project 10157c
3. Time of Performance:
This agreement shall become effective upon execution by both parties, and shall
expire upon completion of the agreed upon services, September 30, 2012 or
unless sooner terminated as provided below or unless some other method or
time of termination is listed in Attachment A. This Agreement shall terminate
automatically on the occurrence of (a) bankruptcy or insolvency of either party, or
(b) sale of Consultants business.
4. Independent Contractor:
4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting
as an independent contractor, and neither CONSULTANT nor any officer,
employee or agent of CONSULTANT will be deemed an employee of CITY.
Except as expressly provided in Attachment A, Consultant has no authority or
responsibility to exercise any rights or power vested in the City. The selection
and designation of the personnel of the CITY in the performance of this
agreement shall be made by the CITY.
4.2 Consultant shall determine the method, details and means of performing
the work and services to be provided by Consultant under this Agreement.
Consultant shall be responsible to City only for the requirements and results
specified in this Agreement and, except as expressly provided in this Agreement,
shall not be subjected to City's control with respect to the physical action or
activities of Consultant in fulfillment of this Agreement.
5. Indemnification and Insurance:
CONSULTANT shall indemnify and save and hold harmless CITY from and for
any and all losses, claims, actions, judgments for damages, or injury to persons
or property and losses and expenses and other costs including litigation costs
and attorney's fees, arising out of, resulting from, or in connection with the
performance of this Agreement by the CONSULTANT, its servants, agents,
officers, employees, guests, and business invitees, and not caused by or arising
out of the tortuous conduct of CITY. or its employees. CONSULTANT shall
maintain, and specifically agrees that it will maintain, throughout the term of this
Agreement, liability insurance, in which the CITY shall be named an additional
insured in the minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Professional Liability / Professional
errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile
Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence
and Workers' Compensation Insurance , in the statutory limits as required by
law.. The limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable for an
Professional Service Agreement - Radio Path -Design - page 3 of 14
Project 10157c
amount in excess of the insurance limits, herein provided, CONSULTANT
covenants and agrees to indemnify and save and hold harmless CITY from and
for all such losses, claims, actions, or judgments for damages or injury to
persons or property and other costs, including litigation costs and attorneys' fees,
arising out of, resulting from , or in connection with the performance of this
Agreement by the Consultant or Consultant's officers, employs, agents,
representatives or subcontractors and resulting in or attributable to personal
injury, death, or damage or destruction to tangible or intangible property,
including use of. CONSULTANT shall provide CITY with a Certificate of
Insurance, or other proof of insurance evidencing CONSULTANT'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Consultant begins performance of
it's obligations under this Agreement. In the event the insurance minimums are
changed, CONSULTANT shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City
Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway
Avenue, Meridian, Idaho 83642.
6. Notices: Any and all notices required to be given by either of the parties
hereto,unless otherwise stated in this agreement, shall be in writing and be
deemed communicated when mailed in the United States mail, certified, return
receipt requested, addressed as follows:
CITY
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, ID 83642
208-888-4433
CONTRACTOR
Brown and Caldwell
Attn: Dan Ayers
950 W Bannock St, Ste. 250
Boise, ID 83702
Phone: 208-389-7712
Either party may change their address for the purpose of this paragraph by
giving written notice of such change to the other in the manner herein provided.
7. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorneys' fees
as determined by a Court of competent jurisdiction. This provision shall be
deemed to be a separate contract between the parties and shall survive any
default, termination or forfeiture of this Agreement.
8. Time is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of, and a default under, this Agreement by
the party so failing to perform.
Professional Service Agreement - Radio Path -Design - page 4 of 14
Project 10157c
9. Assignment: It is expressly agreed and understood by the parties hereto, that
CONSULTANT shall not have the right to assign, transfer, hypothecate or sell
any of its rights under this Agreement except upon the prior express written
consent of CITY.
10. Discrimination Prohibited: In performing the Services required herein,
CONSULTANT shall not unlawfully discriminate in violation of any federal, state
or local law, rule or regulation against any person on the basis of race, color,
religion, sex, national origin or ancestry, age or disability.
11. Reports and Information:
11.1 At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
11.2 Consultant shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this
Agreement for a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
12. Audits and Inspections: At any time during normal business hours and as
often as the CITY may deem necessary, there shall be made available to the
CITY for examination all of CONSULTANT'S records with respect to all matters
covered by this Agreement. CONSULTANT shall permit the CITY to audit,
examine, and make excerpts or transcripts from such records, and to make
audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by this
Agreement.
13. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the United
States or in any other country. The CITY shall have unrestricted authority to
publish, disclose and otherwise use, in whole or in part, any reports, data or
other materials prepared under this Agreement.
Professional Service Agreement - Radio Path -Design - page 5 of 14
Project 10157c
14. Compliance with Laws: In performing the scope of services required
hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and
codes of Federal, State, and local governments.
15. Changes: The CITY may, from time to time, request changes in the Scope of
Services to be performed hereunder. Such changes, including any increase or
decrease in the amount of CONSULTANT'S compensation, which are mutually
agreed upon by and between the CITY and CONSULTANT, shall be
incorporated in written amendments to this Agreement.
16. Termination: If, through any cause, CONSULTANT, its officers, employees, or
agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this
Agreement, falsifies any record or document required to be prepared under this
agreement, engages in fraud, dishonesty, or any other act of misconduct in the
performance of this contract, or if the City Council determines that termination of
this Agreement is in the best interest of CITY, the CITY shall thereupon have the
right to terminate this Agreement by giving written notice to CONSULTANT of
such termination and specifying the effective date thereof at least fifteen (15)
days before the effective date of such termination. CONSULTANT may
terminate this agreement at any time by giving at least sixty (60) days notice to
CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONSULTANT under this Agreement
shall, at the option of the CITY, become its property, and CONSULTANT shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
Notwithstanding the above, CONSULTANT shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONSULTANT, and the CITY may withhold any payments to
CONSULTANT for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONSULTANT is determined. This provision shall
survive the termination of this agreement and shall not relieve CONSULTANT of
its liability to the CITY for damages.
17. Construction and Severability: If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or enforceability
of'any other part of this Agreement so long as the remainder of the Agreement is
reasonably capable of completion.
18. Advice of Attorney: Each party warrants and represents that in executing this
Agreement. It has received independent legal advice from it's attorney's or the
opportunity to seek such advice.
Professional Service Agreement - Radio Path -Design - page 6 of 14
Project 10157c
19. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq.,
information or documents received from the Contractor may be open to public
inspection and copying unless exempt from disclosure. The Contractor shall
clearly designate individual documents as "exempt" on each page of such
documents and shall indicate the basis for such exemption. The CITY will not
accept the marking of an entire document as exempt. In addition, the CITY will
not accept a legend or statement on one (1) page that all, or substantially all, of
the document is exempt from disclosure. The Contractor shall indemnify and
defend the CITY against all liability, claims, damages, losses, expenses, actions,
attorney fees and suits whatsoever for honoring such a designation or for the
Contractor's failure to designate individual documents as exempt. The
Contractor's failure to designate as exempt any document or portion of a
document that is released by the CITY shall constitute a complete waiver of any
and all claims for damages caused by any such release.
20. Entire Agreement: This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
21.
22. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the ordinances
of the City of Meridian.
23. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OF MERIDIAN BROWN AND CALDWELL
4~ ~p,~r.u AucGsrjr
Approved by Council:
9p
W
CIfY OE
Attest;' E IDIAN~
~ ~ ~ S ioAeo
~CEEz'I~. HOLMAN, CITYCLERK~ ~ `~~rF ~ y~~~``~
4B~'~e TAEASUT'A'
Professional Service Agreement - Radio Path -Design - page 7 of 14
Project 10157c
Purchasing Approval
r ~ e ~ -~
BY:
- ~~
KEITH ATT ,Purchasing Manager
Professional Service Agreement - Radio Path -Design
Project 10157c
Depa~r~ient Ap r a`val
--
BY: L ._~.__~,
NAM E: jj. lZ'1~]~ ~ ~1~k ~~ f~i~~ '
TITLE: C-,i,~1i~.~~T~JG ~ ~/I~ll(~.1~:1~.
DATE: ._~~~ ~ Ci L.
page 8 of 14
Attachment A
SCOPE OF SERVICES
The City of Meridian, Idaho, (City) operates a water system with approximately 20,000
customers. The City is interested in upgrading its existing water and wastewater
SCADA radio system to a single SCADA system utilizing the City's existing wide area
network. The City currently has contracted with Brown and Caldwell (BC) to assess the
existing SCADA system and develop future SCADA system improvement projects as
part of the SCADA Master Plan project. One of the highest priority projects identified
during the SCADA master planning process was the need for a new SCADA radio
system. The City has contracted with others to conduct a field survey to verify the
quality of proposed radio communications paths developed as part of the SCADA
Master Plan project. Development of design documents for the SCADA radio system is
required for the City to solicit bids for the SCADA radio equipment and services. The
following tasks provide the scope for this task order.
To manage the coordination and oversight of the consultant team and administration of
the contract-including contract project resources, quality assurance/quality control,
costs, deliverables, invoicing, and schedule-and coordinate communications between
the Consultant staff and City staff.
Brown and Caldwell (BC) will to develop design documents for 900 MHz SCADA radios
communicating from wastewater lift stations, water wells, and water distribution
pressure reducing valve (PRV) vault sites to 900 MHz radios located at fire stations,
PRV 12, Well 25, the City water tower, City Hall, the wastewater treatment plant, the
water department building, or other backhaul sites identified in the radio path field
survey results conducted by others.
Brown and Caldwell (BC) will also develop design documents for 5.8 GHz backhaul
radios communicating between backhaul radio sites located at fire stations, PRV 12,
Well 25, City water tower, City Hall, City wastewater treatment plant, City water
department building, and/or other backhaul sites identified in the 5.8 GHz radio path
field survey results conducted by others.
The design is to include the following:
• Typical panel layout drawings will be created for the following:
Professional Service Agreement - Radio Path -Design - page 9 of 14
Project 10157c
- remote site radio panels with one 900 MHz radio
- base station panels with one 5.8 GHz radio
- base station panels with one 5.8 GHz radio and one 900 MHz radio
- base station panels with two 5.8 GHz radios
- base station panels with one 900 MHz radio and two 5.8 GHz radios.
Location plans for each remote site (49 locations) and base stations (11
locations) to include radio panel locations; antenna locations, directions (where
applicable) and heights; and radio panel power sources.
Installation details for mounting panels and antennas.
Specifications:
- general requirements (Divisions 0 and 1)
- electrical requirements (Division 16)
- radio, panel, UPS, and network equipment requirements (Division 17).
• Radio panel locations, antenna locations, antenna height, and antenna direction for
all remote sites and base stations will be identified by the radio survey contractor,
and will be provided to BC as the basis for equipment locations on the remote site
and base station site location plans. No additional site visits will be required by BC
staff.
• General contracting requirements (Divisions 0 and 1) will be provided to BC by the
City for inclusion in the bid documents. City staff are responsible for all required
edits to the Division 0 and Division 1 documents for this project. BC will incorporate
City provided Division 0 and 1 documents into the bid package.
• Radio Contractor is to provide panel wiring diagrams, I/O wiring diagrams, UPS
wiring diagrams, and actual panel shop layout drawings.
• Draft radio system drawings and specifications.
BC will conduct a 2-4 hour workshop with key City staff to review the submitted draft
design documents. BC will incorporate comments and issue one pdf set of documents
to the City.
City staff will review the draft design documents and provide their comments either
prior to, or during, the review workshop.
Comments received from the City prior to, or during, the design review workshop will
constitute all City comments required to be incorporated into the final design
documents.
Final design documents will need no further revisions after City comments are
Professional Service Agreement - Radio Path -Design - page 10 of 14
Project 10157c
incorporated.
® City will produce bid packages from BC supplied pdf files.
• Pdf file of final radio system drawings and specifications.
Professional Service Agreement - Radio Path -Design - page 11 of 14
Project 10157c
Attachment B
PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$62,279.00. Fees will be billed monthly for completed tasks only, per the following
schedule of values.
PAYMENT SCHEDULE
PHASE PHASE DESCRIPTION AMOUNT
860.050 Project Mgmt/Qc $3,432.00
860.100 Draft Radio Design ~4s,85o.00
860.200 Final Radio Design $9,997.00
TASK ORDER TOTAL ....................... 2 27 .
Travel expenses will be paid at no more than the City of Meridian's Travel and
Expense Reimbursement Policy.
Professional Service Agreement - Radio Path -Design - page 12 of 14
Project 10157c
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T' :June 5, 2012 I1° lJ
J °~ M A 11-002
ITEM TITLE: Consent Agenda
Modified Development Agreement for Approval: MDA 11-002 McNelis Subdivision by
Ten Mile Center, LLC Located Northwest Corner of N. Ten Mile Road and W. Ustick
Road Request: Modify the Existing Development Agreement to Reflect the Proposed
Rezone; Modify uses Allowed on the Site Consistent with the Unified Development
Code (UDC) for the Respective Zone Except for those Specifically Prohibited in the
Agreement; Update the Owner Information; and Remove the Requirement for
Conditional Use Permit Approval of uses on Lots that Abut Ustick Road, Ten Mile Road
and/or the Nine Mile Creek
MEETING NOTES
~~~~~;~°
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: I E_MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 7
BOISE IDAHO 06107!12 12:20 PM
RECORDEDa~REQUEST OF II! ~~~I~~~~I~~I~IIIIIIIIIIIIIIIIII III
City o1 Meridian 11 ~~:~~~4r ~~ 1
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Ten Mile Center, LLC, Owner/Developer
3. Maverik, Owner/Developer
~,,// THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this `J day
of ~1 20~, ("ADDENDUM"), by and between CITY OF MERIDIAN, a
municipal corporation of the State of Idaho ("CITY"), and Ten Mile Center, LLC,
("OWNER/DEVELOPER"), whose address is 621 N. Robinson Road, Nampa, ID 83687, and
Maverik, ("OWNER/DEVELOPER"), whose address is 880 West Center Street, North Salt Lake
City, UT 84054.
RECITALS
A. CITY and OWNER/DEVELOPER entered into that certain Development
Agreement that was approved on June 30, 2004 and recorded on May 23, 2004 (Instrument #
104093293).
B. CITY and OWNER/DEVELOPER now desire to amend the Development
Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho
Code Section 67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. OWNER/DEVELOPERshall bebound bythe terms of the Development Agreement, except
as specifically amended as follows:
Section 1.4 (page 1)
WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the
"Property's" described in Exhibit A, and has requested a zoning designation of (C-G) General Retail
and Service Commercial District, and (I-L) Light Industrial District (Municipal Code of the City of
Meridian); and"
Section 3.1 (page 3)
", ..whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642"
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNELis SUBDIVISION) Page 1 of 7
Section 3.2 (page 3)
"Owner/Developer": means and refers to Ten Mile Creek, LLC, whose address is 621 N. Robinson
Road, Nampa, Idaho 83687, and Maverik, Inc,, 880 W. Center Street, North Salt Lake City, Utah,
84054 the parties developing said "Property" and shall include any subsequent "owner(s)/developer(s)"
of the "Property."
Section 3.3 (page 3)
"PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada,
City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G and I-L
attached hereto and by this reference incorporated herein as if set forth at length."
Section 4.1 (page 3)
"...Construction and development of a commercial subdivision with 16 buildable lots and 4
other/common lots, in a proposed C-G and I-L zones."
Section 6 (page 4)
A.4. Delete this section.
Section 6 (page 5)
A.6. Business hours for the I-L and C-G zoned properties shall be limited to 7 am to 10 pm, unless
approved by a conditional use permit. Lots 3 and 4, Block 1 are exempt from this requirement.
A.7.The permitted and prohibited uses for each proposed zoning district are outlined below in Section
6. D.8.
D-8. Uses allowed in the I-L zoning district are as listed in UDC Table 11-2C-2, except for the
following uses which are prohibited:
Asphalt and Concrete
Automobile Wrecking Yard and Storage
Fuel Yards
Junk Yards
Lumber Yards
Mobile Home Manufacturing
Outdoor Entertainment Centers
Railroad Yards and Shops
Restaurants
Retail Stores
Sales Lots (Auto, Recreation, Agricultural, etc.)
Solid Waste Transfer Stations
Truck Stop
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA ll-002-McNE[.ts SusDtvisioN) Page 2 of 7
Uses allowed in the C-G zoning district are as listed in UDC Table 11-2B-2, except for the
following uses which are prohibited:
Bars, Alcohol Establishments
Contractor's Yard
Convenience Store (Except a convenience store/fuel sales facility is allowed on Lot 4, Block 1.)
Entertainment Centers, Outdoor
Fuel Sales Facility (Except a convenience store/fuel sales facility is allowed on Lot 4, Block 1.)
Lumber Yard
Nursing Homes and Sanitariums
Truck Stops
Section 7 (page 9)
7, COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained
herein shall be terminated, and the zoning designation reversed, upon a default of the
"Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject "Property" of this agreement within two years of the date of this
Agreement is effective, and after the "City" has complied with the notice and hearing procedures as
outlined in I.C. §67-6509, or any subsequent amendments or recodifications thereof. This agreement
was complied with within the required two year period.
Section 17 (page 12)
NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed
delivered if and when personally delivered or three (3) days after deposit in the United States Mail,
registered or certified mail, postage prepaid, return receipt requested, addressed as follows:
CITY: OWNER/DEVELOPER:
c/o City Attorney Ten Mile Creek, LLC
City of Meridian 621 N. Robinson Road
33 E. Broadway Ave. Nampa, Idaho 83687
Meridian, ID 83642
and:
with copy to:
City Clerk Maverik, Inc.
City of Meridian 880 W. Center Street
33 E, Broadway Ave, North Salt Lake City, UT 84054
Meridian, ID 83642
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this Addendum, and the Ordinances of the City of
Meridian as herein provided.
3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including City's corporate authorities and their
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNE[.is SUBDIVIS]ON) Page 3 of 7
successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each
subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall
in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereon and any successor owner or owners shall be both
benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written
request of Owner/Developer, to execute appropriate and recordable evidence of termination of this
Addendum if City, in its sole and reasonable discretion, had determined that OwnerlDeveloper have
fully performed its obligations under this Addendum.
4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such
provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not
affect any of the other provisions contained herein.
5. This Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner/Developer and City relative to the subject matter herein, and there
are no promises, agreements, conditions orunder-standing, either oral or written, express or implied,
between Owner/Developer and City, other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Addendum shall be
binding upon the parties hereto unless reduced to writing and signed by them or their successors in
interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution
of City.
a. Except as herein provided, no condition governing the uses and/or conditions
governing development of the subject Property herein provided for can be
modified or amended within the approval of the City Council after the City has
conducted public hearing(s) in accordance with the notice provisions provided for
a zoning designation and/or amendment in force at the time of the proposed
amendment.
6. This Addendum shall be effective as of the date herein above written.
7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in
full force and effect.
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNE~is SuBDivisioN) Page 4 of 7
A CI~NO W LEI) GIVIEI~ITS
IN WITNESS WHEREOF, the parties have herein executed this Addendum and made
it effective as hereinabove provided.
O W~7NER/I)E VELOg~PE:
TE1V MILE CIZEEl1y LL~
CIT 1 ®I~ lYlEi®ILIAl`I
Mayor T y de Weerd
Attest:
/.~ ~
o ~ `~: ;
aycee 1.. Holman, City Clerk
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNE[.IS SUBDIVISION) Page 5 of 7
STATE OF IDAHO )
ss.
County of Ada )
On this day of ~ ` , 2012, before me, the undersigned, a Notary Public in
and for said State, personally apped. ~ ~ ~ ~: ~ ~ known or
identified to me to be the ~- - of Ten Mile Creek, LLC, the person that executed
the within and foregoing instrument, and acknowledged to me that he executed the same on behalf of
said Limited Liability Corporation.
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
TAMARA THOMPSON
NOTARY PUBLIC
STATE OF IDAHO
~~ t
STATE OF~~A~O )
ss.
County of ~ )
-~=~_
Votary Public f~ ~ r I ~~aho„
Residing at:_~, ~ ~ ~ '
My commission expires: } , '.;"' ° '
On this day of ~,1 ~, 2012, before me, the undersigned, a Notary
Public in and for said State, personally appeared L ~, i ,, ! known or
identified to me to be the '~ ~° _ ~ - , ~ of Maverik, the person that executed the within
and foregoing instrument, and acknowledged to me that he executed the same on behalf of said
Company.
IN WITNESS WHEREOF, I have hereunto set lny hand and affixed my official seal the day
and year in this certificate first above written.
`- ~ -- ~~
Notary Public for~~dal;~ -
Residing at: ~~ ~ ~; ; ~,,~
My commission expires: 1 '' s '1,~
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNsL~s SUBDIVISION) Page 6 of 7
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of ~~Y1P _ , 2012, before me, a Notary Public, personally
appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and
Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed
the instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
F;
4
3 i
ary Public r Ida -
Residing at: ~--~_U-t IG2.-~l ~ 1~
Commission expires: ~~~~ ? C~~ LI
ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 11-002-McNELis SusDrvlsroN) Page 7 of 7
eriin ity uncil tin
`T :June 5, 2012
I (UI lJ 5 K
~~
Community Item/Presentations Presenter Contact Info.INotes
CLERKS OFFICE FINAL ACTION
DATE: I E_MSTAFF TO I AGENCOY I APPLICANT NOTES I INITIALS
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: MAY 22, 2012
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF 15 BUILDING
LOTS ON 80.1 ACRES OF LAND IN
A C-G ZONING DISTRICT FOR
CENTERCAL SUBDIVISION
CASE NO. FP-12-008
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
BY: MERIDIAN CENTERCAL, LLC
APPLICANT
This matter coming before the City Council on May 22, 2012 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning Department and Public Works Department,
to the Mayor and Council, and the Council having considered the requirements of the
preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of "PLAT SHOWING CENTERCAL SUBDIVISION, LOCATED
IN A PORTION OF THE SOUTHWEST'/2 OF SECTION 4, TOWNSHIP 3
NORTH, RANGE 1 EAST, B.M. CITY OF MERIDIAN, ADA COUNTY,
IDAHO, 2012, HANDWRITTEN DATE: 5/8/2012, AARON L. BALLARD,
PLS, SHEET 1 OF 5," is conditionally approved subject to those conditions of
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR CENTERCAL SUBDNISION (FP-12-008)
Page 1 of 3
Staff as set forth in the staff report to the Mayor and City Council from the
Planning Department and the Development Services division of the Community
Development Department dated May 22, 2012, a true and correct copy of which is
attached hereto marked "Exhibit A" and by this reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR CENTERCAL SUBDIVISION (FP-12-008)
Page 2 of 3
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the ~ day of
___ , 2012.
By:
Tammy eerd
Mayor, rty of Meridian
Attest:
t
~`
,~` ~-:: _
7ayceeolman
City Clerk
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
B ~ , Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR CENTERCAL SUBDIVISION (FP-12-008)
Page 3 of 3
EXHIBIT A
L APPLICATION SUMMARY ~& LOCATION
The applicant, Meridian CenterCal, LLC, has applied for final plat approval of 15 commercial building lots on
80.1 acres of land for CenterCal Subdivision. The subject property is currently zoned C-G (General Retail &
Service Commercial).
Staff has reviewed the proposed final plat and found it to be in substantial compliance with the approved
preliminary plat as required by UDC11-6B-3C.2.
The property is located on the northeast corner of N. Eagle Road and E. Fairview Avenue, in the SW 1/4 of Section
4, T. 3N., R. lE.
II. STAFF RECOMMENDATION
Staff recommends approval of the CenterCal Subdivision final plat as proposed subject to the conditions noted
below. These conditions shall be considered in frill, unless expressly modified or deleted by motion of the City
Council.
III. HISTORY OF PREVIOUS ACTIONS
® The subject property is one of three properties included in the Meridian Town Center annexation (AZ-07-012)
and is governed under development agreement Instrument No. 108131103. The property was annexed with a
C-G zoning district. At the time of the arrrrea:ation heai•ii~g, the not^then~ poi°tio~ of tlae site ~-vas within the
Kleif~e~• Fancily Ti•irst o~a~i~ership b~st~•an~~e~~t No. 1 09 0 09 63 0.
® A variance (VAR-07-017) to UDC 11-3H-4 which prohibits new approaches from directly accessing a state
highway at points other than the section line road and the half mile mark between section line roads was
approved by City Council on February 19, 2008. Two i7ght-in/right-out access points and one right-inh•ight-
out/left-in access points are allowed for access to/from the site via SH SSBagle Road.
® A development agreement modification (MDA-11-002) was approved in 2011 that ilichlded a revised
conceptual development plan and changes to the text of the agreement (Instrument No. 1 1 1 052692).
® A preliminary plat (PP-11-012) for CenterCal Subdivisiari was approved by City Council on March 7, 2012.
The preliminary plat consists of 15 building lots on 80.1 +/- acres of land in a C-G zoning district
IV. SITE SPECIFIC CONDITIONS
1. Applicant is to meet all terms of the approved annexation (AZ-07-012), development agreement (hnstrument
#108131103); amended development agreement (MDA-11-002, Inst~•ument No. 111052692); and preliminary
plat (PP-11-012) applications for• this subdivision.
2. If the City Engineer's signature has not been obtained on a final plat by March 7, 2014, the preliminary plat
shall become null and void m~less a trine extension is obtained in accordance with UDC 11-6B-7C.
CenterCal Sub FP-12-008.doc PAGE 1
EXHIBIT A
3. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying
acknowledgement shall be signed and notarized.
4. Revise the plat prepared by Aaron L. Ballard, stamped on May 8, 2012, prior to signature of the final plat by
the City Engineer, as follows:
a. Revise note 6 as follows: "All lots within this subdivision will be provided with water and sanitary sewer
service by the City of Meridian. The proposed s€~ver• mains shall be connected to existing City of
Meridian mains to provide service to the subdivision."
b. Revise note 12 as follows: "Lots shall not be reduced in size without prior approval from the Health
authority and the City of Meridian."
c. Revise note 14 as follows: "Direct lot access to N. Eagle Road and E. Fairview Avenue is prohibited other
than at access locations approved by Idaho Transportation Department, and-Ada County Highway
District, and City of Meridian."
d. Include the recorded instrument number for the City of Meridian sewer and water easement depicted on
the face of the plat.
e. All commercial street buffers are required to be on a common lot or on a permanent dedicated buffer
maintained by the business owners' association in accord with UDC 11-3B-7C.2b. Depict a minimum 35-
foot wide landscape street buffer easement (or common lot) on the face of the plat along N. Eagle Road
and E. Fairview Avenue; a minimum 20-foot wide easement (or common lot) along E. River Valley Street
and N. Records Avenue; and a minimum 10-foot wide easement (or common lot) along E. Town Center
Drive .Also include a note that the landscaping within the easements will be will be maintained by the
business owners' association.
5. A public pedestrian easement for the multi-use pathway shall be submitted to the City for approval by City
Council and recorded prior to signature on the final plat by the City Engineer. Coordinate language in the
easement with the City Attorney's office.
6. Street buffer landscaping shall be installed as shown on the landscape plan approved with the Certificate of
Zoning Compliance (CZC-11-021) for the overall site.
7. If permanent perimeter fencing is not installed around the perimeter of the site, temporary construction
fencing is required to be installed to contain debris during construction prior to issuance of building permits.
8. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention
facilities incorporated into the approved open space are subject to UDC 11-3B-11 and shall be frilly vegetated
with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space
lots, except as permitted under UDC 11-3B-ll . If the stormwater detention facility cannot be incorporated
into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate
the facility. This may require losing a developable lot or developable area. It is the responsibility of the
developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final
construction.
9. Staff's failure to cite specific ordinance provisions or conditions fi•om the preliminary plat does not relieve the
Applicant of responsibility for compliance.
IV. GENERAL REQUIREMENTS
1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross
or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval
submitted to the Public Works Department prior to plan approval. If lateral users association approval can not
be obtained, alternate plans will be reviewed and approved by the City Engineer.
CenterCal Sub FP-12-008.doc PAGE 2
EXHIBIT A
2. The applicant shall provide a 20-foot easement for any new public water/sewer mains outside of public right
of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather
dedicated outside the plat process using the City of Meridian's standard forms. All easement shall be
graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available
from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A)
and an 8112" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat
referencing this document.
3. Applicant shall be required to pay Public Works development plan review, and construction inspection fees,
as detet•mined during the plan review process for any new sanitary sewer and water systems, prior to any
construction plan approval.
4. Compaction test results must be submitted to the Meridian Building Department for all building pads
receiving engineered backfill, where footing would sit atop fill material.
5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe
required by the Army Corps of Engineers.
6. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe
required by the Environmental Protection Agency.
7. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act.
8. Any tree over 4" in caliper that is removed fi•om the property shall be replaced by installing additional trees,
being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not
be considered as replacement trees for those trees that have to be removed.
9. Any existing domestic well system within this project shall be removed from domestic service per City
Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500
for inspections of disconnection of services. Wells may be used for non-domestic proposes such as landscape
irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190.
10. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-
4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211.
11. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above
the highest established peak groundwater elevation. This is to ensure that the bottom elevation of any crawl
spaces is at least 1-foot above.
12. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility
within this project that do not fall under the jm•isdiction of an irrigation district or the ACRD. The design
engineer shall provide certification that the facilities have been installed in accordance with the approved
design plans. This certification will be required before a certificate of occupancy is issued for any structm•es
within the project.
13. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of
Meridian AutoCAD standards.
14. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of
the total construction cost for all incomplete sewer, water and reuse infrastructtue prior to final plat signature.
This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be
posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development
Service for more information at 887-2211.
15. The City of Meridian requires that the owner post to the City a warranty surety iii the amount of 20% of the
total construction cost for all completed sewer, water and reuse infrastructure for duration of two~ars. This
surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted
CenterCal Sub FP-12-008.doc PAGE 3
EXHIBIT A
in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service
for more information at 887-2211.
16. A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted non-life
safety improvements (eg. fencing, landscaping, amenities, etc.), prior to signature on the final plat.
17. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian
Department of Public Worlcs Improvement Standards for Street Lighting. All street lights shall be installed at
developer's expense. Final design shall be submitted to the Public Worlcs Department for approved. The
street light contractor shall obtain the approved design on file and an electrical permit from the Public Worlcs
Department prior to coimnencing installations. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
V. E~IIIIBITS
A. Vicinity Map
B. Approved Preliminary Plat
C. Proposed Final Plat
CenterCal Sub FP-12-008.doc PAGE 4
EXHIBIT A
Exhibit A -Vicinity Map
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CenterCal Sub FP-12-008.doc PAGE 5
EXHIBIT A
Exhibit B -Approved Preliminary Plat
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CenterCal Sub FP-12-008.doc PAGE 6
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CenterCal Sub FP-12-008.doc PAGE 7
EXHIBIT A
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Final Plat of
CenterCal Subdivision
A portion of the the Southwest 1/4 of Section 4,
Township 3 North, Range 1 East, B.M.
City of Meridian, Ada County, Idaho
2012
Legend
Fgk:O f4tA69 CAP
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CenterCal Sub FP-12-008.doc PAGE 8
EXHIBIT A
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City of Moridinn, Ada County, Idatw
2012
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CenterCal Sub FP-12-008.doc PAGE 9
EXHIBIT A
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CenterCal Sub FP-12-008.doc PAGE 10
r®i n ity unil i
1" :June 5, 2012
Il° lJ o
J H 1-002
ITEM TITLE: Consent Agenda
Findings of Fact and Conclusions of Law for Approval: SHP 12-002 Renewal Place by
Meridian Development Corporation Located at North Side of E. Broadway Avenue,
Between N. Meridian Road and N. Main Street Request: Short Plat Approval Consisting
of Three (3) Buildable Lots on 1.22 Acres in an O-T Zoning District
MEETING NOTES
~~
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: I E_MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS
CITY OF MERH)IAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~ERID?ANa
In the Matter of Short Plat Consisting of Three Buildable Lots on 1.22 Acres of Land in an Old
Town Zoning District for Renewal Place Subdivision, Located at on the North Side of E. Broad way
Avenue, Between N. Meridian Road and N. Main Street, by Meridian Development Corporation.
Case No(s). SHP-12-002
For the City Council Heating Date of: May 22, 2012 (Findings on June 5, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 22, 2012, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 22, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 22, 2012,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 22, 2012, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-12-002
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 22, 2012, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for short plat is hereby approved per the conditions of approval in the
attached Staff Report for the hearing date of May 22, 2012, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Short Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
lii the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council maybe granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 1 L If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedm•e again (UDC ll-
6B-7C).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concernuig the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-12-002
-2-
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of May 22, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-12-002
-3-
By action of the City Council at its regular meeting held on the - day of ,
2012.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED t
COUNCIL MEMBER DAVID ZAREMBA VOTED `
COUNCIL MEMBER KEITH BIRD VOTED
Copy served upon Applicant, The Planning epaitment, Public Works Department and City Attorney.
By: c-- ~ ~ __ Dated: ~ ~ r~-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SHP-12-002
-4-
EXHIBIT A
I. APPLICATION SUMMARY
The applicant, Meridian Development Corporation, has applied for short plat approval of three (3)
buildable lots on 1.22 acres of land in an O-T zoning district. This is a re-subdivision of Lots 1 through 5
and 7 through 16 of the Meridian Townsite Amended Plat.
All tluee of the proposed lots are currently developed with three commercial buildings. No new
development is proposed at this time.
The subject property is located on the north side of E. Broadway Avenue, between N. Meridian Road and
N. Main Street Road in the northwest''/4 of the southwest'/4 of Section 07, T.3N., R.lE.
II. STAFF RECOMMENDATION
Staff finds the proposed plat is eligible to be processed as a short plat based on the following criteria:
1) the lot is part of a recorded subdivision;
2) the property is not part of a previous short plat;
3) the proposed plat does not exceed four (4) buildable lots;
4) no new street dedication is required and:
5) there are no impacts to health, safety of general welfare and the proposed subdivision is in the best
interest of the city.
Based on the aforementioned criteria, Staff recommends approval of the Renewal Place Short Plat with
the conditions and Findings stated in this report. The Meridian Citv Council heard this item on Mav
22.2012 At the nublic hearing. the Council annroved the subject SHP request
a. ummarv of City Council Public Hearin:
~ In favor: Ashley Ford
ii. n onnosition: None
~ Commenting: None
iy. W~•itten testimony: None
taff ni•esentin~ annlication: Pete Friedman
yi Other staff commenting on annlication: None
oL. ev Issues of Discussion by Council:
i one
~ Kev Comicil Changes to Staff/Commission Recommendation
' ne
Renewal Place - SHP-12-002 PAGE 1
EXHIBIT A
III. PROCESS FACTS
a. The subject application will in fact constitute a short plat as determined by City Ordinance. A
public hearing is required before the City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
b. Newspaper notifications published on: Apri130, 2012, and May 14, 2012
c. Radius notices mailed to properties within 300 feet on: Apri126, 2012
IV. SITE SPECIFIC CONDITIONS
1. The owner of proposed Lot 1, Block 1 shall meet all terms of the approved conditional use permit
(CUP-03-050), certificate of zoning compliance (CZC-04-017) and variance (VAR-03-021) for
this subdivision.
2. Revise or add the following note(s) on the face of the plat prepared by Civil Survey Consultants,
Inc., prior to signature of the short plat by the City Engineer:
Revise note #8 on the face of the plat to include internal cross access between all of the
proposed lots.
3. Complete the Certificate of Owners.
4. If the City Engineer's signature has not been obtained by 05/22/2014, the Short Plat approval for
this subject project shall expire.
5. Staff's failure to cite specific city ordinance provisions does not relieve the applicant of
responsibility for compliance.
V. EXHIBITS
A. ZoningNicinity Map
B. Proposed Short Plat
C. Required Findings from the Unified development Code
Renewal Place - SHP-12-002 PAGE 2
EXHIBIT A
EXHIBIT A - Zoning/Vicinity Map
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Renewal Place - SHP-12-002 PAGE 3
EXHIBIT A
EXHIBIT B -Proposed Short Plat
RENEWAL PLACE SUBDIVZSIDN
LOCATED /N THE NW 1/4 OF THE SW 1/4 OF 5EC770N 7, TOWNSHIP 3 NORTH, RM/Gf 7 EA5T,
BOISE CITY OF MfR/D/AN, AOA COUNTY, IDAHO ANO BEING A PART OF LOTS
MER/O/AN 1
,
THROUGH 5 ANO 7 THROUGH 16 OF BLOCK 2 OF THE AMENDED PCAT OF THE TOWNSITE OF MERIDIAN.
A DEVELOPMENT BY THE MERIDAN DEVELOPMENT CORPORATION
2012
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Renewal Place - SHP-12-002 PAGE 4
EXHIBIT A
EXHIBIT C -Required Findings from Unified Development Code
In consideration of a short plat, the decision-malting body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified
Development Code;
The Comprehensive Plan designates the firture land use of this property as Old Town. The current
zoning district of the proposed plat is O-T. Therefore, the proposed short plat complies with the
Comprehensive Plan and the UDC.
B. Public services are available or can be made available and are adequate to accommodate
the proposed development;
The Council finds that public services are adequate to serve the site as evident by the existing
development constructed on the site.
C. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvements program;
The Council finds that the development will not require the expenditure of capital >lnprovement
funds. All required utilities were provided with the development of the property.
D. There is public financial capability of supporting services for the proposed development;
The Council finds that the development will not require major expenditures for providing
supporting services.
E. The development will not be detrimental to the public health, safety or general welfare; and
The Council fmds that the development of this site will not involve uses that will create miisances
that would be detrimental to the public health, safety or general welfare.
F. The development preserves significant natural, scenic or historic features.
The Council is not aware of any significant natural, scenic or historic features associated with the
development of this site.
Renewal Place - SHP-12-002 PAGE 5
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Lam:
May 18, 2012
Mr. Bill Parsons, AICP
City of Meridian
33 East Broadway Avenue
Meridian, Idaho 83642
RE: Renewal Place Subdivision
Dear Mr. Parsons:
33 E. Broadway Ave.
Meridian, ID 83642
208.477.1632
www.meridiandevelopmentcorp. com
Please find the following responses to the staff report for the Renewal Place Subdivision:
1. The owner of proposed Lot 1, Block 1 shall meet all terms of the approved conditional use permit (CUP-
03-050), certificate of zoning compliance (CZC-04-017) and variance (VAR-03-021) for this subdivision.
Response: The Bank of the Cascades will meet all of the terms of the approved conditional use permit,
certificate of zoning compliance and variance for Lot 1, Block 1.
2. Revise or add the following note(s) on the face of the plat prepared by Civil Survey Consultants, Inc., prior
to signature of the short plat by the City Engineer:
- Revise note #8 on the face of the plat to include internal cross access between all of the proposed
lots.
Response: The note will be revised.
3. Complete the Certificate of Owners.
Response: The Certificate of Owners will be completed.
4. If the City Engineer's signature has not been obtained by 05/22/2014, the Short Plat approval for this
subject project shall expire.
Response: We understand.
5. Staff s failure to cite specific city ordinance provisions does not relieve the applicant of responsibility for
compliance.
Response: We understand.
Bill, thank you again for your assistance.
Best Regards,
Ashley Ford
Ashley Ford
MDC Administrator/Project Manager
ri i n City until etin
°T :June 5, 2012 I 6A
J T UIVI
ITEM TITLE: Community Items/Presentations
City Scholarships Presentation
MEETING NOTES
G.
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FlN,4L ACTION
DATE: (E-MSTAFF TO I AGENCY APPLICANT I NOTES INITIALS
ridi n iy until et®n
°T :June 5, 2012 I1° U 6
J T U
ITEM TITLE: Community Items/Presentations
Recognition of Historian Lila Hill, Recipient of the 2012 Award of Merit for Individual
Achievement from the American Association for State and Local History (AASLH)
MEETING NOTES
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Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: E-MSTAFF TO I AGENCY APPLICANT I NOTES ( INITIALS
'~~ ~ ~~~
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' ;~,'~. American Association
~~Y~(~ly~~~11r~`, for State and Local History
May 21, 2012
Ms. Jacy Jones
Deputy City Clerk
City of Meridian
33 E. Broadway, Ste. 104
Meridian, ID 83642
Dear Ms. Jones:
1717 Church Street
Nashville, TN 37203-2991
Phone: 615/320-3203
Fax: 615/327-9013
membership@aaslh.org
www.aaslh.org
On behalf of the American Association for State and Local History (AASLH), I am delighted to
inform you that Lila Hill was selected as a 2012 Award of Merit winner by the Leadership in History
Awards committee. Thank you for submitting her nomination. We will be contacting Ms. Hill the
good news and with specifics on how to accept her award. The AASLH Leadership in History
Awards is the nation's most prestigious competition fox recognition of achievement in state and
local history. We congratulate Ms. Hill for the work that has brought this honor.
The 2012 awards will be presented at a special banquet on Friday, October 5 from 6:30 to 9:30 p.m.,
as part of the AASLH annual meeting in Salt Lake City, Utah. We cordially invite you to attend this
presentation.
By mid June, AASLH will contact national media with information about the 2012 awards. We will
email you a copy of the press release announcing Ms. Hill's award by the end of June. Since this is
such a prestigious award, we encourage you to send this release to your local media, convention and
visitors' bureau, and state and local government.
Again, on behalf of the officers, Council, staff, and membership of AASLH, I offer my sincere
congratulations on this recognition.
S' c rely,
/
$ethany L. Hawkins
Program Associate
YOUR HOME FOR STATE AND LOCAL HISTORY
ridin ity ouncil etin
1° :June 5, 2012
iT 7
J T NU
ITEM TITLE:
Items Moved From Consent Agenda
CLERKS OFFICE FINAL ACTION
DATE: I E_MSTAFF TO AGENCY ( APPLICANT I NOTES INITIALS
eridi n ity Council etin
T :June 5, 2012 I"f $A
J U
ITEM TITLE:
Request for Development Application Fee Waiver by Nunzio Sgroi
MEETING NOTES
~°
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO SENT TO I SENT TO I NOTES I INITIALS
STAFF AGENCY APPLICANT
May 17, 2012
CITY OF MERIDIAN
33 E. Broadway Ave
Meridian, Idaho
~~ ~~
Re: re-application of development agreement modification application
To whom it may concern,
I am hereby writing this letter requesting the City Council of Meridian to Waive the Fee
to re-apply regarding the application for a development agreement modification for
the property located at 4405 E. Ustic Road, Meridian, Idaho.
This property is all that I have to retire on at the present time the only income that I
have is social security in the amount of $650.00 per month to live on at 72 years old.
have to buy food and pay utilities and I do not have any funds to pay another
application fee, due to this financial hardship I am requesting the City of Meridaian
waive the application fee.
Thank you in advance for your consideration,
Nunzio Sgroi
4405 E. Ustic Road (parcel number S1104121050)
Meridian, Idaho 83646
~-i is ity Council tin
T :June 5, 2012
I N1 lJ $
J T lJ
ITEM TITLE: Spurwing Greens No. 2
12-009
FP 12-009 Spurwing Greens No. 2 by Lion Land LLC Located a Quarter Mile North of
Chinden Boulevard; East of N. Jayker Way Request: Final Plat Consisting of 24
Residential Building Lots and Two Common Lots on 16.87 Acres in an R-2 Zoning District
DATE: E-MAILED TO I SENT TO I SENT TO NOTES INITIALS
STAFF AGENCY APPLICANT
Continued from May 22, 2012 Public Hearing: AP 12-002 by Joe Palmer Located 1524
N. Meridian Road Request: City Council's Review of the Director's Denial of a
Certificate of Zoning Compliance Verification (CZCV 12-006) for a Residence Located
in a Retail Store
MEETING NOTES
__.
~~
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Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS
STAFF AGENCY APPLICANT
i ~~
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I I I - T
AT
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PR®J CT NUM ER
AP 1-002
PRJ CT NAM Joe Palmer Appeal
L ASE PRINT NAM R AGAINST NEUTRAL
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Design & Flooring Specialist -Including Granite & Marble Fabrication
Ceramic Tile, Carpet, Vinyl, Vct, Base & More
A Division of Neef Creative Ventures
MAY 08, 2012
TO: MERIDIAN CITY
ATT: ERIC JENSEN
PROJECT: MERIDIAN CITY POLICE LOBBY
PORCELAIN TILE:
DEMO EXISTING FLOOR TILE IN LOBBY
PROVIDE & INSTALL DAL-TILE CLIFF POINT 12" X 12" FLOOR TILE (two colors )
PROVIDE & INSTALL MAPEI AQUA DEFENSE CRACK ISOLATION MEMBRANE
PROVIDE & INSTALL MAPEI ULTRACOLOR PREMIUM GROUT
NOTE: CITY OF MERIDIAN IS RESPONSIBLE FOR DUMPSTER
TOTAL: $ 13,600.00
THANK YOU FOR CONSIDERING SCHUMACHER TILE & STONE
TAG GIBBON
713-4300 CELL
tag(u)stsidaho.com
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Commercial Division Sales Manager
3707 E. Pine Ave. Meridian, ID 83642
Office: (208)375-6363 Fax: (208)375-6398
~ _,~
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Design & Flooring Specialist -Including Granite & Marble Fabrication
Ceramic Tile, Carpet, Vinyl, Vct, Base & More
A Division of Neef Creative Ventures
MAY 08, 2012
TO: MERIDIAN CITY
ATT: ERIC JENSEN
PROJECT: MERIDIAN CITY POLICE RESTROOMS
PORCELAIN TILE:
DEMO EXISTING FLOOR TILE IN RESTROOMS
PROVIDE & INSTALL DAL-TILE KEYSTONES 2" X 2" FLOOR TILE (group 2 colors )
PROVIDE & INSTALL MAPEI AQUA DEFENSE CRACK ISOLATION MEMBRANE
PROVIDE & INSTALL MAPEI ULTRACOLOR PREMIUM GROUT
NOTE: BID DOES NOT INCLUDE TO REMOVE & REPLACE COVE BASE
NOTE: CITY OF MERIDIAN IS RESPONSIBLE FOR DUMPSTER
TOTAL: $ 3,852.00
THANK YOU FOR CONSIDERING SCHUMACHER TILE & STONE
TAG GIBSON
713-4300 CELL
tag(a,stsidaho.com
Commercial Division Sales Manager
3707 E. Pine Ave. Meridian, ID 83642
Office: (208)375-6363 Fax: (208)375-6398
Meridian iy Council Meet®n
1° :June 5, 2012 I U g
J T' U
ITEM TITLE: Department Reports
Police Department: Budget Amendment for Ventilation Repair for aNot-to-Exceed
Amount of $30,000.00
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO I SENT TO I SENT TO I NOTES I INITIALS
STAFF AGENCY APPLICANT
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Eric Jensen
From: Marcus Bonn [marcusb@clima-tech.com]
Sent: Monday, May 14, 2012 10:13 AM
To: Eric Jensen
Cc: Marcus Bonn
Subject: MPD Evidence Room Exhausters
Attachments: image001.jpg; image002.jpg
Hi Eric-
The labor and material costs to remove the evidence lab mushroom exhauster, supply and install two new exhausters
with vertical powder-coated discharge ducting, all controlled on ALC would be $21,200.
This excludes VOC sensing (pending tests), any electrical circuitry and any permit costs. I'll provide a more detailed
estimate in a few days.
Thanks.
Office: 208-377-9755 Desk Direct: 208-947-1841 Cell: 208-941-2931
marcusbC~clima-tech.com
ri i n ity unil satin
°T :June 5, 2012
I : 10A
J M 107-004
ITEM TITLE: Ordinances ~
Ordinance No. Proposed # 12-1515: An Ordinance of the Mayor and City Council
rezoning of property situated in Section 22, Township 4 North, Range 1 West, Meridian,
Idaho known as the Tree Farm (MI-07-004) to R-2 (Low Density Residential District), R-8
(Medium Density Residential District), R-15 (High Density Residential District), C-C
(Community District), and C-N (Neighborhood Business District) in the Meridian City
Code.
MEETING NOTES
~~,
~~
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE: E-MAILED TO SENT TO ( SENT TO NOTES INITIALS
STAFF AGENCY APPLICANT
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 14
BOISE IDAHO 06/07/12 12:20 PM
DEPUTY Gail Garrett I ` !
RECORDED-REQUEST OF lit III'I~'II'II~I~I'lll~'~'I~'III'I~
Cifi~ of Meridian i i ~k-~~`i~'•i'a
CITY OF MERIDIAN ORDINANCE NO. ~ `~ ~
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE (MI 07-004 TREE FARM) FOR RE-ZONING OF
PROPERTY BEING SITUATED IN SECTION 22, TOWNSHIP 4 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; ESTABLISH-
INGAND DETERMINING THE LAND USE ZONING CLASSIFICATION OF
SAID LANDS TO R-2 (LOW DENSITY RESIDENTIAL) R-8 (MEDIUM
DENSITY RESIDENTIAL DISTRICT), R-15 (HIGH DENSITY RESIDENTIAL
DISTRICT), C-C (COMMUNITY DISTRICT), AND C-N (NEIGHBORHOOD
BUSINESS) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES
OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY
ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE
TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A
SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF
THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian,
Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by
the owner of said property.
SECTION 2. That the above-described real property is hereby annexed and re-zoned R-2
(Low Density Residential District), R-8 (Medium Density Residential District), R-15 (High Density
Residential District), C-C (Community District), and C-N (Neighborhood Business 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.
MI-07-004 TREE FARM - RE-ZONE Page 1 of 3
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION ~. 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 Cormnission of the State
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading
in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full
force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of _ , 2012.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this =
day of ~_ ~ , 2012.
~,,r,~~h~~ue , YO MMY de WEERD
044 Tr
4`G r''o
a
~~` IDIAN~
-, ~DA~o
SEAL
dT~ ~Pti
~~<<be THE ~S~~
MI-07-004 TREE FARM - RE-ZONE Page 2 of 3
STATE OF IDAHO, )
ss.
County of Ada )
On this day of ~ Ut~'~. , 2012, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L.
HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL) N ARY PU IC FOR I AHO
'~ `~ RESIDING AT: ~ Y'~ , ,~
~ F
``, F® MY COMMISSION EXPIRES: ~ ~ Zc~t~
MI-07-004 TREE FARM - RE-ZONE Page 3 of 3
~ ~.
~~~ ~ ,
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Anderson Survey Graup,cam ~,''
EXHIBIT A
PARCEL. 1
~ONE® R-15
legal Description
A parcel of land situated in the South Half of Section 22, Township 4 North, Range 1
West of the Boise Meridian, Ada County, Idaho, being more particularly described as
follow:
Commencing at the Southeast earner of said Section 22, said point being marked by an
aluminum cap, thence along the South line of said Section 22, North 89°17'39" West,
1444.59 feet to the True Point Of Beginning; Thence leaving said South Hne, North
00°42'21" East, 200.00 feet to a paint; thence North 55°52'46" West, 85.81 feet to a non-
tangent point on a curve; thence along a curve to the left having a radius of 250.00 feet,
an arc length of 386,58 feet and through a central angle of 88°35'49", with a chard
bearing of North 05°02'15" East, a chord distance of 349.20 feet; thence North 39°15'39"
West, 40.00 feet to anon-tangent point on a curve; thence along a curve to the left
having a radius of 225.00 feet, an arc length of 466.22 feet, through a centra( angle of
118°43'17", with a chord bearing North 08°37'18" West, a chard distance of 387.1$ feet
to a paint; thence North 22°01'04" East, 152.25 feet to a point; thence North 67°13'00"
West, 117.35 feet; thence North 53°59'58" West, 249.97 feet to a non-tangent.,•polnt oCi~a.~:::,:;:, , ">:~ :::'~;:' ` > ;
curve; thence along a curve to the right, having a radius of 620,00 feet;; an ark Je-~gth sii' `' :°:
162.1'1 feet, though a central angle of 74°58'51", with a chord bearing.~5out~t°:43°29;27'=.:. ;., •::~: ~-~,.::;; '
West, a chord distance of 161.65 feet ro a point; #hence South,50°r~.ff'~~3"`West;: -5;2fb6;:~;:`. i:; > `~'`.: >~
feet; thence along a curve to the left, having a radius of 60t}00'f~et''an are~'dis#anie of.,::~-` ` -_.,:::''••
226.74 feet, through a central angle of 21 °39'09", with a,,.cf;~~~:bearing sauth<:40°09',1" _ _ .
West, a chord distance of 225.40 feet to a point; thenet';;SoWtri 29°x:9'44°: West, 201•.14 '.
feetz thence along a curve to the right, having a radius;.of:230b0?f~;ut,.;an`~rc disfa~rtce of<~'
247.41, through a central angle of 61 °37'59", with ~~cl~or~d •bearing Soufh~=6Q°.Q8~4" West'
a chord distance of 235.65 feet; thence North,8~;b:0'17 Weft, 11.3.50 feef'to~'a<.nor.)-,
tangent point on a curve; thence along a curve#o~l1e right; having a radius of 505.135`
feet, an arc distance of 244.95 feet, through ;a;=central angle of;,27°44'02", with a.:.chord
bearing South 14°49'44" West, a chord distan'~e;~f 242.7 feet~to a poijit; thence~South
28°41'45" West, 99.15 feet to a point; thence`;>I~i'ig a dive ta~~the left,:taving a radius of
185.00 feet, an arc distance of 135.76 feetst~:r~'ugh a~central' angle rf 42°02`42", with a
,:. _;,.
chord bearing South 07°40'24" West, a cfloCdj tiiStance of 1:62.73 feet to a poiri't; thence
South 13°20'57" East, 37,Q4 feet; Yhence~.t~j'tS7g a carvir to;the right, having .a radius of ''
~.; - ..:.
184.63 feet, an arc distance of 49.34 fee~thr'ough a centrai'~ecigla;of:•1.5°19.,'23", with a _'~'
chord bearing South 07°14'25" East, a cto'.rc! distance of~49,23 .feet to~ a'~point;. thence~•~.•
South 00°30'29" West, 177.49 feet to a p:Q;nt~ on said South line; thence South 89°i°7'3~''
East, 1202.67 feet to the Paint Of Beginnlrig~,° ~ ;• .~ ~ •
Said parcel containing 26.89 acres more bf1~~~„~''~~jryp~,•
End description ':~-u~^' '.
Project No. 05132 `• .;~_;,~:~~ ~~.:~ y~QQ~ ~:
February 2, 2007 _:~,:,., °` -:
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357 C. Watertower Ln.. Suite F, Meridian. !0 63642 _ - ' -
P.268,888.7345 F.768.~68.7359 .-. '
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EXHlBI'T A
AMEN®ED PARCEL. 2
BONED R.g
Legal ®escription
A parcel of land situated in the South. Half of Section 22, Township 4 North, Range 1
West of the Boise Meridian, Ada County, Idaho, being more particularly described as
follow.
Commencing at the Southeast corner of said Section 22, said point being marked by an
aluminum cap, thence along the South line of said Section 22, North $9°17'39" West,
1293.61 feet to the True Point Of Beginning; Thence continuing along said South line,
North 89°17'39" West, 150.97 feet; thence leaving said South, line, North 00°42'21" East,
200.00 feet to a paint; thence North 55°52'45" West, 85.81 feet to a non~tangent point on
a Curve; thence along a curve to the left having a radius of 250.00 fee#, an arc length ~gf;-.,;.,.. ,r..: ~ :.;:- .;:...,.
3$6.58 feet and through a central angle of 88°35'49", with a chord bearingi~f`~.f~ortti:::.;:~:~,:!=~:~.;,, :~'`':~ ~:
05°02'15" Last, a chord distance of 349.24 feet; thence North 39°15'39:.':;TNest`',~f#,fl0~fevt..:...~.';~':•~:. : ~:;:,~~~~:
to anon-tangent point on a curve; thence along a curve to the-lerfit:~;f~~ul'ng'~a~=radius of`..,<; ~~`~'~'';',.::;~~"~,;,~~~~
225.00 feet, an arc length of 466.22 feet, through a central an~1e~~f~.~'1'1`$°4~'.;17";~,vu3€i1~'a:~-.:,;,:,:=':;' - •
chord bearing North 08°37'18" West, a chord distance of ,3,$'7;18~fi3et to:.~'p0i11t,= #hertce'='~ •`
North ~22°01'04" East, 152.25 feet to a point; thence Sou#Y~~~°1'3'40°,{E~st,.acJ'istance''of
17.25 feet; thence North 67°12'45" Last, 225.88 feK~t~;ttler~e~,, S.o.:ith _Q4'25'06">'1lVest,,:..:
1233.587 feet to the Point Of Beginning, said point b.~ir%g`::Qn the;,S.outh line of Section 22.:~'
•,;>_
Said parcel containing 4.79 acres more of less:>~;::`.:~.~:~' •
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End description ~"~' -
Project No. 05132 ~ •; -
February 2, 2007
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357 E, Watertnwer Ln., Suite r, Heridinn, ID 6"642
P.208.BBD.1345 F. 206.886.7354 .. - . - ,.- •_
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Anderson Survey Grotap.com
EXHIBIT A
AMENDED PARCEL. 3
ZONED R-2
Legal ®escription
A parcel of land Situated in the South Half of Section 22, Township 4 North, Range 1
West of the Boise Meridian, Ada County, Idaho, being mare particularly described as
follow:
Commencing at the Southeast corner of said Section 22, said point being marked by an
aluminum cap, thence along the South line of said Section 22, North 89°1 T39" West,
1293.61 feet; Thence continuing along Said South line, North 89°17`39" West, '150.97
feefi thence leaving said South sine, North 00°42'21" East, 200.00 feet to a point; thence
North 55°52'46" West, 85.81 feet to anon-tangent point on a curve; thence along a curve
to the left having a radius of 250;00 feet, an arc length of 386.58 feet and through a
cen#ral angle of 88°35'49", with a chord bearing of North 05°02'15" East, a chard
distance of 349.20 feet; thence North 39°15'39" West, 40.00 feet to anon-tangent point
on a curve; thence along a curve to the left having a radius of 225A0 feet, an arc length
of 466.22 feet, through a central angle of 118°43'17", with a chord bearing North
08°37'18" West, a chord distance of 387.18 feet to a point; thence North 22°01'04" East,
152,25 feet to the True Point 0f beginning; thence North 67°13'00" West a dlstance of
117,35 feet; thence North 53°59'58" West, 249.97 feet to anon-tangent point on a curve;
thence along a curve to the left, having a radius of 620.00 feet, through a central angle of
;;:;:
48°34'36", with a chord bearing North 11°42'44" East a chord distance of 510.05,feet;:`~..:~~:,,-;:.:~•~.;::-;~`.`;,-.,.
thence North 77°25'26" East, 371,86 feet to a point; thence North 13°41'~~4`;Ea'st;,9~$92~~~..;~ -'`.:~~J~`'~~;_'~~_:::'~:,
feet to a point on the Southerly right-of-way Ilne of the Phyllis Canal;..~hi{rice;',~[o~~~ said.,,,.-: ;: _: ; ;:;::<,~:'~_'=•:
Southerly right,of-way line the following courses and distances,,N~Tth ~0°D7'49",feast a :..:
distance of 234.39 feet; thence North 72°52`39" East a distance.ti'f~;~34`17' feet'tllence '
North 75°50'26" East a distance of 57.63 feet; thence Nort~~~$°1~~8''26" Ea't a,,~i~tance.,,of~'~. ` `
80.77 feet; thence North 80°02'13" East a distance of 31~:~:~fe~t; thence Nprt~i 81 °~Oiz4" -
East a distance of 194.93 feet; thence North 81 °36'19'~-EaSt~a"`~istan~e.Of~:fi77.81::feet; -
thence North 81°16'58" East a distance of 44.09 fe~~`~,#.heiice Nprth~~'7;4a$'02':..~ast a
... ..
distance of 40.83 feet; thence North 77_°53'56" Eas#:.e~dfstance;:af 222;f6 feet,:` -:: ~:` •: ~-..";. :`
thence North 73°32'38" East a distance of 36.5$f~~t~~henc~iVorth~:'76°59'~3r' East a '~~ ~ ~ .
distance of 36.33 feet to a point on the East lia~~~of;said 5e:ction ~~; thene~ along said
East sine, South 00°28'39" West a distance of;4~;x~~0 feetxo the;;East one-quarter;corner
of said Section 22, said point being marked l~.y;~~'rass pip; thence cost#finuing alvf;ig said -
East line, South 00°20'09" West a distanc~'::uf~;317.57feet to a pointi`narked ~y. a 5/8"
rebar; thence leaving said East line, North~~~1~8'34".Vilest a`:clistance of 1291.7:7 feet to
a point marked with a 5/8" rebar; thence S~afith;'00°25.'..t36" V1fe~t a dlstance of 83.39 feet;
thence South 67°12'45" West a distance Qf;225.88 f~;et; the.Fsce~Nortb;.67..°13'00'' West a , ;`
distance of 17.25 feet to the POINT Of~ B~~I.~7NINCa' - -
:, : .,
n,....,_ ..:.. .
Said parcel containing 55.11 acres more of:~ss.
::,
End description :.~~ } ~ ~ ~f
Project No. 05132 -_ - , . `
Febraa~~y 2, 2007 '~ ~;-:Yvi~t~tDSAN PUi3>"i.G .
_l l i~ 7- I]' I I ~1 i ~~l I i ids { ~ ~.
357 E. Watertower tn., Suite f. Meridion, i8 B3fi42
P. 208.888,7345 ~ F. 208.888.7354
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~ ~' ExFIIBIT A
AMENDED PARCEL 4
ZONED R-8
Legs! Description
A parcel of land situated in Sections 21 and 22, Township 4 North, Range 1 West of the
Raise Meridian,. Ada County, Idaho, being more particularly described as follow:
Commencing at the Southeast corner of said Section 22, said point being marked by an
aluminum cap, thence along the South line of said Section 22, North 89°17'39" West,
1293.61 feet; thence con#inuing along South line of said Section 22, North 89°17'39"
West a distance of 1353.62 feet; thence continuing North 89°17'09" West a distance of
2647.16 feet to the corner common to Sections 21, 22, 27 and 28; thence along the
south line of said Sectfon 21 North 89°24'46" West a distance of 1307.51 feet; thence
leaving said South line North 00°28'48" East a distance of 822.99 feet clang the Westerly
line of the of the Southeast Quarter of the Southeast Quarter of said Section 21 to the
TRUE POINT 0l= BEGINNING; thence along the Westerly line of the Southeast Quarter
of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of said
Section 21, North 00°2$'48" East a distance of 1251,33 feet to a point on the South right-
af way line of the Phyllis Canal; thence along said right-af way line the following-courses~~ °~'~:;F~~~ -~~r~~~;';_~.
and distances: North 79°2$'52" Eask 152,17 feet; thence North 82°25'S4,'.:l"~~fi:3~~~:1'=' -`_~- ~~': -'~~ - :~
feet thence North 72°5 'S1" __ ~~'~+::~~:: ;~:'~,~
9 East 60,85 feat, thence North 64°33 2~::',;~a's1::5~~J'`f~~t,<_,_.
thence North 59°43'08" East 897.38 feet; thence North 65°1~}'S8"'~~~.;t~;31g:~~.:,-f~~t~;~:~~'~;:`"~.._-~~.'~~`<-`
thence North 71°20'49" East 300.98 feet; thence North 74°3'03`' ~ East 164'8 feet;
thence North 75°49'14" East 79.69 feet; thence leaving;~s;~i~~~igk-t-af.waj+ line 5auth~
21°19'02" East 387,17 feet to a poin4 of curve; thence al~rt~"~eiirve tattle ri,giit, having a
radius of 200.00 feet, an arc length of 96.06 feet, throia~F°~i3;'centr~T~ angle ~af 27°:3'x'07"„ '
with a chord bearing South 07°33'29" East, a chord_~'~t~nce of ~~ ~~4°#'~ei; <thence South- ~ -
06°12'05" West 305,32 feet to a'nan-tangent pain#i~~?ri',;aticurve~~then~~'on a ;ivur'aeto,t~s
right, having a radius of 800A0 feet, an arc Iength~f;~:09.59 feet, through a;central ang(~ ~~ .~.~
of 29°20'04", with a chord bearing North 88°41'S~"~;ast a di,~~anc~ of 405:1~~ feet; tftence ~ ~~~~~ ~`::''``::~,:.::.,..
South 76°38'05" East a distance of 436,14 felt;^t`;i~'polntof curyia; thence along a::~~urve
,._~.
to the left, having a 'radius of 680.00 feet, ar~'~lergth of;~73.~5 feet, ~°~central arigie of
41 °05'02", with a chord bearing North 82°4~'2~?r~East a~dist~~ice of ~4,~3.18 feet; `thence
North 82°16'53" East 132.83 feet; thence;'~orfh 00°~7'32:''~:'East 275.36 feed; thence ~.
South 89°30'02" l=ast 777.64 feet; thence No~F-~Up3Q'Q~" East 84,$5 feet; thetice South ::
42°14'38" East 1$.67 feet; thence Soutf~'.~O;q:°26'23'''tllrye~t=~~.0.5.,U:'feet; thence South ~~-~
86°31'27" East 189.70 feet; thence SoutYt<147°28'09" East 248:37':"feett thence North
00°26'21" East 511.30 feet to a point on th~.South right-ofvvay line of the P~`yllis;Ganal;~
thence along said right-af-way line the foflgjNin~ courses arwd distances: Sotti~ 87°53'2~'`~~~~ ; :=,.;.
East 59.38 feet; thence South 85°32'49" ;East 33.3.x. feeC;; thence: North 89.:°09'43" East --
66.39 feet; thence North 87°34'09" East 1~t);~a feet;;-thence Nortll;87°27'41":f=ast 133.09
feet; thence North 84°11'37" East 146.70~~:f~t, therf.~e North 86°~2'S2" East 52.03 feet; -
thence North 80°53'24" East 62.63 feet; tier, Norfk~ 74°7'07" east 51.7 feet; thence
~,:
North 70°07'49" East 52,35 feet; thence laa~'rr~g:saiCt righf~of wavy line, South 13°41"14"
West ~'.: ';,:.,, ;{,~ ::,.~ ,... , :- ~ `
_, " ~ };
357 E, Wetertower tn., Suice F. Meridian, ID 836~~
P. 208.888,7395 F, 208,Q88.7354
918.92 feet; thence South 77°25'26" West 371.86 feet to a paint; thence along a curve to
the right, having a radius of 620.00 feet, an arc of 687.76 feet, through a central angle of
63°33'27", a chard bearing South 19°12'09" West 653,04 feet; thence South 50°58'53"
West 52.06 feet; thence along a curve to the left, having a radius of 600.00 feet, an arc
length of 226.74 feet, through a cents! angle of 21 °39'09", with a chord which bears
South 40°09'19" West 225.40 feet; thence South 29°19'44" West, 201.14 feet to a paint of
curve; thence along a curve to the right, having a radius of 230.00 feet, an arc length of
247.41 feet, through a central angle of 61 °37'59°, with a chard bearing South 60°08'44"
West 235.65 feet; thence North 89°02'17" West 113.80 feet to anon-tangent point an a
curve; thence slang a curve to the left, having a radius of 506.05 feet, an arc length of
1062.57 feet, through a central angle of 120°18'21", with a chord bearing North
59°11'28" West 877.85 feet; thence South 60°38'22" West 480,86 feet; thence slang a
curve to the right, having a radius of 1177.33 feet, an arc length of 1125.00 feet, through
a central angle of 54°44'57", with a chord bearing South 88°01'50" West 1082.69 feet; :. ,
thence North 64°35'41" West 326.44 feet to a point of curve; thence along a curse#gfly':~~'::~~:ww~..`s",`°,
left, having a radius of 960.00 feet, and arc length of 856.17 feat, thraugh:~.,cer<tra~ ~~g(~ ~~.~ .
of 51°05'57", with a chard bearing South 89°51'20" West 828.08.~fi~~~~t~1ea7C@~~SoitE~;:.,,,.,;,.; :,._,....;;.;:~
64°18'22" West 188.25 feet to a point of curve; thence along a ~u~v~~i'~fie`'righi?{-~~aVfig.;'~~ ~...~'~~'~.;`•r~
a radius of 800.00 feet, an arc length of 358.73 feet, through a~e~,tr,~i ~ngle.af 25°4;1'33", . ~~
with a chord bearing South 77°09'08" West 355.74 feet; ,:fh'i~~~~~ South:;89°5~'S5" W~sti'~ • - ~ ~•
r :.:., .
167.11 feet to the POINT OE BEGINNING, said point f~si~~g~:~ri ihe,,Westerfy line af~tFie ,
Southeast Quarter of the Southeast Quarterof said S~~t~t7=~-'!--;>~~;.~ ~~, "~'~
Said parcel containing 162.78 . ~. ~:~_~;;t ~ ~ _
acres, more ar less..,.:'° `,~r<~;>
~~`_
End of Description - '"" _- - - ~ ._
Project No. 05132 _ - ~' `' ~ _
February 2, 2007 : ~ ~ -
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357 E. Wotertowor 1. n.. Suite F, Merldfnn. IQ 83642 '~:r' ~ ,
P.208.888.7345 F. X08,888.7354 :'"~'-,: , -- ,
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~xr-IiaiTA
AMENDED PARCEL 5
BONED R-2
Legal Description
A parcel of land situated in Sections 21 and 22, Township 4 North, Range 1 West of the
Boise Meridian, Ada County, Idaho, being more particularly described as follow:
Commencing at the Southeast corner of said Section 22, said point being marked by an
aluminum cap, thence along the South line of said Section 22, North 89°17'39" West,
1293.51 feet; thence continuing along South Line of said Sectian 22, North 89°17'39"
West a distance of 3353.62 feet; thence continuing North 89°17'09" West a distance of
2647.16 feet to the corner commas to Sections 21, 22, 27 and 28; thence along the
south line of said Section 21 North 89°24'46" West a distance of 1307.51 feet; thence
leaving said South line North 00°28'4$" East a distance of 822.99 feet along the Westerly
line of the of ttie Southeast Quarter of the Southeast Quarter of said Section 21; thence
along the Westerly Ilse of the Southeast Quarter of the Southeast Quarter and the
Northeast Quarter of the Southeast Quarter of said Section 21, North 00°28'48" East a
distance of 1251.33 feet to a point on the South right-ot-way line of the Phyllis Canal;
thence along said right-of-way line the following courses and distances, North 79°28'52"
East, 152.17 feet; thence North 82°25'54" East 316.14 feet; thence North 72°59'61" East
60.85 feet, thence North 64°33'24" East 52.49 feet; thence North 59°43'08" East 697.38
feet; thence North 65°14'58" East 318.69 feet; thence North 71°20'49" East 300.,9~.;,fe~tf•~;~-~',~:; ~.~_: ~~ ~ :~-_,
thence Narth 74°33'03" l=ast 164.83 feet; thence North 75°49'14" East 79 E~9 feet~te,~l~
TRUE POINT' OP BEGINNING; thence leaving said right-of-way 1inQ,~kuE~+'~-~'ti:=1'J02.,;~..:-,:~;--~:~~:;:<-.,.~,.>
East 387.17 feet to a paint of curve; thence along ~ curve to the,r(~ht, h~v~ng a radius of , ~ `~ ~ ~'` "
200.00 feet, an arc length of 96.06 feet, through a central,a~t~le;:~f'2~'°3~;?,07';,,wit~t~''~~'.;~.;~;,;,r:;;.:~ ~~'`
chord bearing South 07°33'29" East a chord distance ~f' 9a;~4~ fee~t;:~•thei~ce''SauEh =}
06°12'05" West 305.32 feet; to anon-tangent point on a.~u;1'~e°then,G~ on.a-:`ciarve tc~~the ,_...-
right, having a radius of 800.00 feet an arc length of 4_R$~,~;9'~fie.et thr`ou h~~ centrat'~n le~~,~`~ :~~~~
of 29°20'04", with a chord bearing North 88°41'53" E~s~;=~.=~istance'of:405;,~3 fe~f; thence'
South 76°3$'05" East a distance of 436.14 feet tg~'~,4'rnt of curve; ttlence `d_lohga;~c~rve ~``
to the left, having a radius of 660,00 feet, an arc ten~'ih of 4~~~.25,:feet, a central angle of?::;,:,., .,,,
41°06'02", with a chord bearing North 82°49'2~''tltast a dstanc~''of 4633:1'$ feet; thence ~ '~ -~:•:~,
North 62°16'53" East 132.83 feet; thence Nar.C~:~~°27'32"irast_~75.36 fe=et; thence'North
00°28'13" East 536.11 feet to a point on theS,iS~~h right~of why Ilse of~he Phylli~`~Canal;
thence along said right-of-way line the follolN.t~'g courses ad dist~rces, then~Ge North
81°24'58" West 187.44 feet; thence Nor-ct~~`~~°09'4•" Went 63.93t~fest; thence North
~~.~~., .
80°36'35" West 72.62 feet; thence Nort~~~~ad~~''t;~";;ll;]lest 148.2`1 feet; th~iice North :_
:,.:....
87°27`05" West 114.24 feet; thence SoU~M~`r~°52'4:$"~~West=~1;0~,~4 feet; thi?nce South::'
79°19'59" West 95.16 feet; thence Sou.tl~~;=76°33'0" West ~113;2~~`=feet,;.tf~ence South`
79°30'23" West 40.23 feet; thence Soui<k~E~}79°10'52" West 128:36 fee#; ti`erice,~~qutf
,.....
80°36'17" West 317.18 feet; thence Sactth81°09'47" West 156x99 feet; thence Soiath~`
75°49'14" West 11.54 feet to the POINT p:~`~,EGIN~iING.`~ -
;:.
Said parcel containing 29.38 acres, more;orl'~ss.
End of Description 7y~~Y vi ~YVl1t~
Project No. 05132, l;ebruary 2, 2007 -:~~~' .. ~"`~~~~:°;_ .:. ..
''~FE~ ~`~` 2'Z~~Q7~ `~ .: ..
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357 E. Wotertower ln„ ~ Suite F, Mer(dian, 10 83642 '::;~;
P.288.BBQ.7345 r.708_ftftQ,7354 ~....., .,
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EXHIBIT A
AMENDED BARGEE 6
ZONEb CN
Legal Description
A parcel of land situated in the south one Ha4f of Section 22, Township 4 North, Range 1
West of the Boise Meridian, Ada County, Idaho, being more particularly described as
follow,
Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum
cap, thence along the South line of said Sec#ion 22, North 89°17'39" West, 2647.23 feet to the
Southeast comer of the Southwest Quarter of said Section 22 and the True Point Of beginning;
thence continuing along said South line, North 89°17'09" West, 1293.10 feet; thence leaving said
South line, North 01°59'10" East 343.63 feet to a point of curve; thence along a curve to the right,
having a radius of 150.00 feet, an arc of 221.56 feet, a central angle of 84°37'42", ~vifh a chord~thal
bears North 44°18'01" fast 201.96 feet to a point of reverse curvature; thence along a curve to
the left, having a radius of 1000.00 feet, an arc of 367.94 feet, a central angle of 21°04'54", with a
chord bearing North 76°04'25" East 365.87 feet; thence along a curve to the right, having€,t~_rad~us
of 504.00 feet, an arc of 531.76 feet, a central angle of 60°56'05", with a chord;~;ei;~g;S;~~`fh
. ,;,. ~ ~.
84°00'00" East 507,05 feet; thence along a curve to the left, having a radius.~~;~~~ft~:fi;~Cp
of 107.72 feet, a central angle of 38°34'32", with a chord bearing Squt~::';~~°~9'~1-3"'E~~~,~t`0~:;~Q
feet; thence North 87°53'31" East 107.74 feet; thence along asc~t~ii~ ri~hf; having a ,~~dtus a
100.00 feet, an arc of 53.76 feet, a cenfral angle of 30°4$'..~4n~~Witfi a c.,tavt~~ i~~~n~'rg South
76°42'22" East 53,12 feet; thence South 61°18'15" East 72.67fi~:~,~~~ffence~:Souttt28°41'5-°`tirVest
81.03 feet; thence along a curve to the left, having a ra~iiWsrif 185~00'feet,;.an arp:•~tstance'
of 135.76 fast, through a central angle of 42°Q~s~r;~2"', with=: a chord`k-e~~ng:,,,Sou~>:i
07°40`24" West, a chord distance of 132,73 feet;zo~apolnt; thence South 1~°0'57""~as1~r
VG.
37.04 feet; thence along a curve to the right;;~l~~~rng a radius,,;of 184;x:3 feet, ar~'arc
distance of 49.34 feet, through a central angl~af=~'S°19'~~", wit>1 a cho~~d bearing~;~outh
07°14'25" East, a chard distance of 49.23 fe~ttio`='a point; thence Souti~~00°30'29~~West,
177.49 fret to the I~OtNT OF SEGINNING~'s~~d point: being on the;~~outh line'~of said
;,.:
Section 22. - - _ --
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. "f.; ~`~."~
Said parcel containing 16.11 acres, more of les5:?>" - -~ ;,'~
End description vAU ""'~'`''- •
~i~v~~ n : ,
Project No. 05132 ~v.._ ;:~:;~:';
February 8, 2007 rR ~, ~ '`'' _,
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11 ~_i.~'1_ _ii t_~ t1 1'1_I~ i~_.~__~~~.~`~--`~ !_3 t~l~{1_11_(h~Y~ -j._. ~ ~ '
357 E. k+atertower Ln., o Suite r, Heridinn. 18 836~l2
P.288.888.73~l5 r. 288.888.7354 "~±"`~`~`~':. -..
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EXWItBlT A
AMlwNDlaD f'ARCf~t. 7
ZONED R•15
Legal Description
A parcel of land situated in the south one Half of Section 22, Township 4 North, Range 1
West of the Boise Meridian, Ada County, Idaho, being more particularly described as
follow:
Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum
cap, thence along the South line of said Section 22, Narth 89°17'39" West, 2647.23 feet to the
Southeast corner of the Southwest Quarter at said Section 22; thence continuing along said South
line, North 89°17'09" West, 1293.10 feet to the True Paint ®f Eeginrting; thence leaving said
South line, North 01°59'10" East 343.83 feet to a paint of curve; thence along a curve to the right,
having a radius of 150.00 feet, an arc of 221.56 feet, a central angle of 84°37'42", with a chord that
bears North 44°18'01" East 201.96 feet to a point of reverse curvature; thence along a _curve:lo;.:..::~:;;:'::.:;'~<~-
the left, having a radius of 1000.00 feet, an arc of 367.94 feet, a central angle of.. 2~°~4'~4":;';wtf~~;'::'~?.:~~=~:--~;:~~=`~.~;:';.~~`;:
chord bearing North 76°04'25" East 365.87 feet; thence along a curve to ihe:rly}t!°h`avirag';~ radius,:=; :::;;;`:~':=`~~;~~::: ';~.:
of 500.00 feet, an arc of 531.76 feet, a central angle of 60°56'05", with ~~ ~faord beaC~rig South.
84°00`00" East 507.05 feet; thence along a curve to the left, havin~aRr.~dus of 160:Ot7`feet;~an ara~.~' `~`-~~ ::..:..._. ,:
~af 107.72 feet, a central angle of 38°34'32", with a chord bearfiig:~ottth 72°G9'13.':':~est 1Q5;70
feet; thence North 87°53'31" East 107.74 feet; thence alorg;~a~c~CYe right; having a radius of,_;.
100.00 feet, an arc of 53.76 feet, a central angle of 3(~°48'~1~4", with `a ~har~ ,bearing Soutb=~ ~~
76°42'22" East 53.12 fee#; thence South 61°18'15" Eas_t728`~ feet;s:thence°-.North` 26°4~t'Q;S"..East
18,12 feet; thence along a curve to the left, having aCadus~'of 506;05 fe:et;` an arc of 1307,53f~et' : ~ ~ ,, .::
a central angle of 148°02'24", with a chord bearirtg,,t~o`t~h 45°;1`9'26";CNes# 972:99 feet; ttrince ~ ~ .
South 60°39'22" West 480.86 feet; thence atoti~~a curvp:~to th.-e rlgh#, hiving a radius of
1177.33 feet, an arc length of 1025,09 feet,~ll~ro~i:igh a ~entral.;'angle of"49°63'12" with a
chard bearing South 85°35'58" West 993.01~~fe.~t; theme along a curve to the Leff, having
a radius of 2404,00 feet, an arc of 862.40 fie#~;~_c~ntral angle of 20°35'18", with achard - -
bearing South 15°58'22" West 857.77 feet;tt~:a,~pointori the;;South line of said section 22; .:
thence along said South line ,South 89bi~:~'09" ~~~st 992:10 feet. to, the::POINT OF,..
131=G1NNiNG. -- -
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1~::<°: :;av
Said parcel containing 33,24 acres, more of less;;,;;. ~` .;
F~~ 1 ~_ ~(~1;~ _
End description -- ~ ,
Pra ect No. 05132 - : '~~ MeniaiAa Puau~c ::
February 2, 2007 - ...
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~? a,l_I } ~1. ~til 11.1-1 !~ ,~ ll~ I ~} ~,~' 1~, ~~ ~ ~} j~~ (~'~:~„"; -
357 E. Wotertower ln., Sulte f, Heridian. !0 83642 ':_~'~,,y~ -
P.208.888.7345 F. 288.888.7354 ,_ _ .
~'~' ~ `.
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Anderson Survey Group.com •'~
ExHIBiT A
AMENDE® PARCEL 6
~®NEn CC
Legal Description
A parcel of land situated in the south one hialf of Sec#ions 21 and 22, Township 4 North,
Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly
described as follow;
BEGINNING at the Southeast corner of said Section 22, said point being marked by an aluminum
cap; thence along the South line of said Section 21 North 89°24'46" West, 869.90 feet leaving said
South line, Narth 03°00'02" East 383,95 feet; thence along a curve to the right, having a radius of
800.00 feet, an arc distance of 228.98 feet and through a central angle of 16°23'54", with a chord
bearing North 11°11'59" East, a chord distance of 228.18 feet to a point of reverse curvature;
thence along a curve to the left, having a radius of 400,00 feet, an arc length 245.40 feet and
through a central angle of 35°09'05", with a chord bearing North 01°49'23" East, a chorddist~nC.i3:;;:':~t~;:;`:.~,~;-:;..
of 241.57"feet to a point; thence North 15°45'09" West 48.47 feet; thence along. ~curv~ #pt~e ie~t~ ~A, s;
having a radius of 800.00 feet, an arc of 26.76 feet, a central angle of,01°5~5'.DQ7;~:nth'~~a`cjtord_"'~-~~:,?`;`:~"-°>;`:,-~~'~,:
bearing North 65°15'25" East 26.76 feet; thence North 64°18'22" Easf~1;8825Ffeef thence°~along:a''`;', _;.`:•~~
curve to the right, having a radius of 960.00 feet, an arc of. $56~,7,feet, a.cetitraLat~~le ,of~"< ' ~ _.'~
51 05 57 , with a chord bearing North 89 5120 East 828,08_f~'~t~tidnce South 64 3541 -Ea"st _
32&.44 feet; thence along a curve to the left, having a radluskflf:1'177~~~:,f~et `an,~rc'of 99.32 fee, a :=;:
centra# angle of 04°51'45", with a chord bearing South 67°d~1`~'' ~ast,9988~f~dt;:,thence along.a`~
~...
curve to the left, having a radius of 2400.00 feet, ari~'~r~'af 862:40 feet, a certr~t~srpgle:;of
,..
20°35'18", with a chord bearing South 15°58'~;i?-~''U~est 8~;~.77.,f~et to a<:point on<,tie'.`<-_ ..,.
South line of said Section 22; thence along saidrS~~afh Ifne~~~Nortf3:;'89°17'Q9" West 36'1.93
feet to the POINT OF BEGINNING, - - '
•:t. ..
Said parcel contain(ng 30.11 acres, more of lest:"=<;;`•;,:...:_~°'• _.
~,. ..
End description _ . ~ -~
Pro}ect No, 05132 ~~ \ ~~~~~~ ` ~ .
Fahr~ianr~ 7(1(a.~.,,,r,~rla~h.~VAI. .....
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ExHiBiTA
AMENDi~D PARCEL 9
zoN~a R•15
Lego! Description
A parcel of land situated in the south one Half of Sections 21 , Township a North, Range
1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as
follows:
Commencing at the Southeast corner of said Section 21, said point being marked by an aluminum
cap; thence along the South line of said Section 21 North 89°24'46" Wes#, 869.90 feet to the TRUE
POINT OE BEGINNING; (hence leaving said South line, Nor#h 03°00'02" East 383.95 feet; thence
along a curve to the right, having a radius of 800,00 fee(, an arc distance of 228.96 feet and
Through a central angle of 16°23'54", with a chord bearing North 11 ° 41'59" East, a chord distance
of 228,18 fee( to a point of reverse curvature; thence along a curve to the left, having a radius of
400.00 feet, an arc length 245,40 feet and through a centre! angle of 35°09'05", with. a;.chord~_.;: :~,:::, `:.:;:~: _:`-,:;_: ~. ,;
bearing North 01°49'23" East, a chord distance of 241.57 feet to a paint; thence Nortf:1.544.5`D9`'~: ~~:~':.~~.':~:~'`;:'~±:;~'
-,.;,..
West 48.47 feet; thence along a curve to the right, having a radius of 800.OO.,feet;~af.=~ar~~~f 331'~97~,: ~~ _ ~:':~=~~ ~~=''~°~;.'~_~~~`.
feet, a central angle of 23°46'33" , with a chord bearing South 7$°06'39":;Vilest ~2~r60 fe~ii thence,,1 ~-,
South 89°59'55" West 167.11 feet to a point on the Westerly line,..ofisth~`°=$ot~tlieask.(~ii~erter.~~f'tfie`~~ ~~'='~~:~,~;~`~...
Southeast Quarter of sold Section 21; thence along said We,~1~rlyllri~ South 0n°28`~4fi" West
822.99 feet ro a point on the South line of said Section;_~tti~nce jaloig _saFd South line, ;;~'~
South 89°24'46" East 437.61 feet to the POINT OP BIW~j~N1l~G:_ ° ~~ _. ;. ~ -
;; ~, -
Said parcel containing 9,09 acres, more of less, ~ ~ .._:.
~i~ lyl 1'T',_.__a 17 i~ i 1,~(? ,l 1lFZl +~ ~_ .k~ J . 1:' i ] 1~'i! ~ f~}.~ f ~ '~ .
357 E. Wotortower ln.. Suite F, Moridion, IA 83642 -
P.?.Q8.8138.7345 F. 208.88Q,7354 ~ ~<'I:'.~ f-~;°~. ,
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Page 1
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 12- 0 ~
PROVIDING FOR ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting re-zoning of a parcel of land situated in the
south Half of Section 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho.
This parcel contains 367.5 acres more or 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 ordi , ,ce is available for inspection at City Hall, City of
Meridian, 33 East Broadw y Avenue l'ati;~ ` o. This ordinance shall become effective on
the ` ;' ~' -day of _~~: ~°2012. 'r9
City of
EIZIDIAN
~ ®pp gqIDAND
nF S.•.n~. r
' of Merian "
MayOT and City COUriCll tr~~°<<ae raF~su~e~~~
By: Jaycee L. Holman, City Cleric
Fiist Reading: ~--~ ~ ~ -
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. 12- /
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. 12- ~ ~ ``~ of the City of Meridian, Idaho, and has found the same to be true
and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3).
f,
DATED this day of ,~_ , 2012.
Lam'' ~` ~'~ /¢ rs
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William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - MI 07-004 TREE FARM RE-ZONE Page 1