2013-01-02 SpecialNOTICE OF CANCELLATION OF THE REGULARY
SCHEDULED MEETING
OF
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the regularly scheduled meeting of the
Meridian City Council for Tuesday, January 1, 2013 at 7:00 p.m. has been
CANCELLED
due to the New Year's holiday. All items will be rescheduled for a Special
Meeting on January 2nd, 2013 at 7:00 p.m.
If you have any questions, please contact the City Clerk's Office at 208-888
4433. Thank you.
DATED this 28th day of December, 2012.
InTA
Meridian City Council Meeting Cancellation — January 1, 2013
All materials presented at the public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities relatad to documents and/or hearings,
please contact the City Clerk's Office at 888-4433 at !east 48 hours prior to the public meeting.
Wednesday, January 02, 2013 at 7:00 PM
1. Roll -Call Attendance
David Zaremba X Brad Hoaglun
Charlie Rountree X Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Larry Woodard of Ten Mile Christian
Church
4. Adoption of the Agenda AdopteM
5. Consent Agenda Approved
A. Approve Minutes of December 11, 2012 City Council Workshop
Meeting
B. Approve Minutes of December 18, 2012 City Council Regular
Meeting
C. Findings of Fact, Conclusions of La: AZ 12-012 Tradewinds
Subdivision by SDN, LLC Located at Southeast Corner of E.
Victory Road and S. Locust Grove Road Request: Annexation
and Zoning of 10.42 Acres of Land to the R-8 Zoning District
D. Findings of Fact, Conclusions of Law: PP 12-015 Tradewinds
Subdivision by SDN, LLC Located Southeast Corner of E.
Victory Road and S. Locust Grove Road Request: Preliminary
Plat Consisting of 39 Building Lots and 3 Common / Other Lots
on 9.11 Acres of Land in a Proposed R-8 Zoning District
E. Findings of Fact, Conclusions of Law: AZ 12-011 Citadel Self -
Storage Facility by B1, LLC Located Southwest Corner of
Chinden Boulevard and N. Saguaro Hills Avenue Request:
Annexation of 5.46 Acres of Land from RUT in Ada County to
the C -C (Community Business District) Zoning District
Meridian City Council Meeting Agenda — Wednesday, January 02, 2013 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
F. Findings of Fact, Conclusions of Law: CUP 12-016 Citadel Self -
Storage Facility by B1, LLC Located Southwest Corner of
Chinden Boulevard and N. Saguaro Hills Avenue Request:
Conditional Use Permit Approval for a Self -Service Storage
Facility Consisting of Fourteen (14) Buildings on
Approximately Five (5) Acres of Land in a Proposed C -C
Zoning District
G. Findings of Fact, Conclusions of Law: VAR 12-003 Citadel Self -
Storage Facility by B1, LLC Located Southwest Corner of
Chinden Boulevard and N. Saguaro Hills Avenue Request:
Variance for Emergency Access to Chinden Boulevard (SH
20/26)
H. Final Order for Approval: TEC 12-011 Larkspur South
Subdivision by Sawtooth Land Surveying Located East of S.
Meridian Road and Approximately a 1/4 Mile North of E. Victory
Road Request: Two (2) Year Time Extension on the Preliminary
Plat in Order to Obtain the City Engineer's Signature on the
Final Plat
I. Final Order for Approval: Paramount Commercial Southwest
No. 2 by Brighton Investments Located Northeast Corner of W.
McMillan Road and N. Linder Road Request: Final Plat
Consisting of Five (5) Commercial Lots on 3.21 Acres in a C -G
Zoning District
J. Water Main Easement Agreement with Tumble Creek
Homeowners Association
K. Approval of Contract Amendment No. 2 to the Existing
Agreement for Janitorial Services to Varsity Contractors for
the Not -To -Exceed Amount of $108,579.72
L. Fourth Lease Amendment Extending Terms of June 24, 2002
Lease of Space at Meridian Police Department to Idaho
Department of Correction
M. Resolution No. 13-903: A Resolution Donating Certain
Equipment to the Jordan Valley Ambulance District
Meridian City Council Meeting Agenda — Wednesday, January 02, 2013 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
6. Community Items/Presentations
A. City Council: Election of New City Council Officers
Brad Hoa lun — President; Charlie Rountree — Vice President
7. Items Moved From Consent Agenda None
8. Action Items
A. Public Hearing: Proposed Right of Way Property Disposition
for 15 W. Broadway to Ada County Highway District by the City
of Meridian
B. Ordinance No. 13-1537: Authorizing the Conveyance of Real
Property to Ada County Highway District (ACRD) for Right of
Way Purposes Approved
C. Public Hearing: PP 12-014 Karmelle by Providence
Management, LLC Located East of S. Eagle Road and South of
E. Victory Road Request: Preliminary Plat Approval of 43
Residential Lots and 12 Common Lots on 16.13 Acres in an R-
4 Zoning District Approved
D. Public Hearing: AZ 12-013 Locust Grove Water Reservoir #2 by
City of Meridian Public Works Department Located at East
Side of S. Locust Grove Road, Approximately 1/4 Mile South of
E. Victory Road Request: Annexation and Zoning of Four (4)
Acres of Land with an R-4 Zoning District Approved
E. Public Hearing: CUP 12-017 Locust Grove Water Reservoir #2
by City of Meridian Public Works Department Located East
Side of S. Locust Grove Road, Approximately 1/4 Mile South of
E. Victory Road Request: Conditional Use Permit Approval for
Public Infrastructure in a Proposed R-4 Zoning District,
Consisting of Two (2) Million Gallon Municipal Water Storage
Facility Approved
9. Department Reports
A. Police Department: Budget Amendment for Victim Witness
Donation Approved
10. Future Meeting Topics None
Meridian City Council Meeting Agenda — Wednesday, January 02, 2013 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Changes to Agenda:
Item #8C: Karmelle Subdivision (PP -12.014)
Application(s): Preliminary Plat
Size of property, existing zoning, and location: This site consists of 16.18 acres, is currently zoned R-4, and is located on the south
side of E. Victory Road, east of S. Eagle Road.
Adjacent Land Use & Zoning:
North: Sutherland Farms Subdivision and pasture, zoned R-4 and RUT
East: County residences and pasture, zoned RUT
South: Single family homes, zoned RUT and R-4
West: County residence and vacant commercial property, zoned RUT and C -C
History: In 2006, City Council approved the annexation and a preliminary plat consisting of 60 residential lots and 6 common lots on
22.37 acres of land for the Harcourt Subdivision. A development agreement was not required with the annexation of the property. The
previous developer has sold several of the properties that where part of the previous approvals which are not part of the proposed
subdivision.
Summary of Request: The applicant requests preliminary plat approval of 43 residential lots and 12 common lots on 16.18 acres of
land. The minimum lot size proposed with the plat is 8,995 square feet and the average lot size is 10,600 square feet. The gross
density for the proposed subdivision is 2.67 dwelling units to the acre consistent with the LDR designation. This density is consistent to
what is developed in the area and complies with the maximum of four (4) dwelling units in the R-4 zone. All of the'lots comport to the R-
4 dimensional standards. Several structures exist on the property and must be removed with the development of the site.
Primary access to the site is proposed from E. Victory Road. Two (2) stub streets are shown along the east boundary for future
connectivity. Secondary access is from E. Falcon Drive, designated a local street, which is along the south boundary and connects to
S. Eagle Road. Street frontage improvements are required (not shown on the submitted plans) along Lots 26 and 27, Block 3 which
front on E. Falcon Drive.
A minimum of 1.61 acres of qualified open space and one amenity is required to be provided. The submitted plat has 1.51 acres (9.3%)
of. qualifying open space. The applicant proposes to construct two amenities: a children's play structure in Lot.18, Block 3 and sitting,
area in Lot 15, Block 1.
The proposed homes depict a mix of building materials (lap siding, cedar shake siding, stucco and board and batten siding) and stone
wainscot. The design features staff supports is the substantial pillars, covered porches and mix of gable and hip roofs and a mix of
building materials. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality
materials.
Commission Recommendation: Approval at the December 6th hearing.
Summary of Commission Public Hearing:
L In favor: Scott Wonders and Zach Evans
ii. In opposition: None
iii. Commenting: Harold Krasinski and Kenneth Travis
iv. Written testimony: Bob Aldridge
Key Issue(s) of Discussion by Commission:
i. Buffering between the commercial property to the west and the proposed subdivision.
Key Commission Change(s) to Staff Recommendation:
L None
Outstanding Issue(s) for City Council:
i. None
Written Testimony since Commission hearing: None
Notes:
I+®m #81), E: Locust Grove Water Reservoir #2 (AZ -12-013; CUP -12.017)
Application(s):
Annexation & Zoning
Conditional Use Permit (CUP)
Size of property, existing zoning, and location: This site consists of 4 acres, is currently zoned RUT in Ada County, and is located
on the east side of S. Locust Grove Road, approximately % mile south of Victory.
Adjacent Land Use & Zoning:
North: Vacant property (a rezone to R-8 and preliminary plat was recently approved for SFR uses), zoned RUT in Ada County
East: Single-family residences in Tuscany Lakes Subdivision, zoned R-4
South: Rural residential property, zoned RUT in Ada County
West: Locust Grove Rd; vacant land, zoned RUT in Ada County; and single-family residences in Tuscany Village Subdivision,
zoned R-8
Summary of Request: The City proposes to annex the subject 4 acre parcel with an R-4 zoning designation, consistent with the Comp
Plan map designation of MDR. The site is proposed to develop with a water reservoir which is classified in the UDC as public
infrastructure and requires CUP approval in the R-4 district.
The proposed infrastructure consists of an above ground water reservoir and associated equipment storage building. The reservoir
consists of a circular tank, 20' in height and 145' in diameter with a 2 million gallon storage capacity. The equipment storage building
consists of approximately 3,360 square feet and will house a series of pumps, fans and equipment necessary for the operation of the
reservoir. A back-up emergency generator will be located between the structure and the reservoir and will run an average of 15
minutes per week as part of its maintenance program. In the event of a power outage, the generator will provide power for the
operation of the facility.
Access to the site will be provided from the north via Tradewinds Subdivision, currently in the approval process. If this site develops
prior to the adjacent subdivision", temporary access will be provided via Locust Grove. Once access is available from the north, the
temporary access will cease and be removed.
A 25' wide buffer is required along Victory and a berm with dense landscaping consisting of a mix of evergreen and deciduous trees
and shrubs is proposed around the water tank to visually buffer the proposed facility from adjacent residential property. All landscaping
is required to be maintained in a healthy, growing condition at all times:
The Ten Mile Creek runs along the southern boundary of the site and will remain open as it is a natural waterway. A 10' wide multi -use
pathway is designated on the Master Pathways Plan on this site along the north side of the creek. There is an approximate 160' long
gap between the existing pathway in Tuscany Lakes Sub and the southeast boundary of this site. For this reason, Staff recommends
construction of the pathway on this site be delayed until the City is able to obtain an easement on the adjacent property for the
extension of the pathway. Although the pathway will be constructed at a later date, staff recommends an easement for the pathway on
this site be submitted, approved by Council and recorded prior to issuance of the CZC.
The applicant has worked extensively with surrounding neighbors on the location of the reservoir, equipment structure, placement of
landscape berms, trees, shrubs, and fencing to provide the maximum buffer between the residents and the facility.
The service area for the proposed facility is as shown.
Commission Recommendation: Approval at the December 6th hearing.
a. Summary of Commission Public Hearing:
I. In favor: Shawn Nickel; Matt Carden; Jim Faber
ii. In opposition: None
iii. Commenting: Jason Bell; Scott Barker
iv. Written testimony: Shawn Nickel
b. Key Issue(s) of Discussion by Commission:
i. Timing for construction of the multi -use pathway along the Ten Mile Creek;
ii. Service area for water reservoir.
c. Key Commission Change(s) to Staff Recommendation: None
d. Outstanding Issue(s) for City Council None
Notes:
Meridian City Council January 2, 2013
A meeting of the Meridian City Council was called to order at 7:00 p.m., Wednesday,
January 2, 2013, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, and Brad
Hoaglun.
Members Absent: Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Sonya
Watters, Kyle Radek, Jamie Leslie, Parry Palmer, Jay Gibbons and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
O Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Well, we will just launch right into our regular meeting. Thank you all for
joining us. For the record it is Wednesday, January 2nd. Happy New Year. It's 7:00
o'clock. We start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance.
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the
pledge to our flag.
Item 3: Community Invocation by Larry Woodard of Ten Mile Christian
Church
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry
Woodard. He is with -- I was going to say Cherry Lane Christian Church, but -- you
know, I'm a creature of old habit.
Woodard: I know it.
De Weerd: 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 us,
Larry.
Woodard: It's always a pleasure to be here and wish you well in this new year.
De Weerd: Thank you.
Meridian City Council
January 2, 2013
Page 2 of 20
Woodard: Let's pray. Our dear Heavenly Father, we come to you tonight before this
City Council meeting to invoke your blessing on our Mayor and these City Councilmen.
I pray that they will all have good health this year. May the wisdom they have shown
over the years continue in this new year, as before any such meeting we will take you
up on your promise that if we ask for wisdom it will be granted. You know that this
Council will face some serious challenges this year. Some we know about, others will
come as a surprise. In each instance may clear thinking be a part of each decision.
Tonight I also pray for the children of Meridian, our most precious heritage. I just pray
that they will be safe this year. May this city offer those wholesome activities that make
this a good city for raising children. Guide our counselors, our teachers, youth leaders
and their various churches, Boys and Girls Club, scouting and sports leaders. May
2013 be one of our best years ever, because we ask this all in Jesus' name, amen.
De Weerd: Thank you. And thank you for Betty for accompanying you as well. We
wish you a happy new year.
Woodard: And this is her birthday.
De Weerd: And even share your birthday. Wow.
Woodard:, I won't tell you how old she is.
De Weerd: No, I wasn't even going to ask either, Larry. I know better.
Hoaglun: I think Larry has some of that wisdom he talked about there.
Item 4: Adoption of the Agenda
De Weerd: Yeah. We pray for you, too. Happy birthday. Item No. 4 is adoption of the
agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Under the Consent Agenda, 5-M is resolution number 13-903. Under Action
Items 8-B is Ordinance No. 13-1537. And with those two items noted, Mayor, I move
adoption of the agenda as printed.
Zaremba: Second.
De Weerd: I have a motion and a second to adopt the agenda as printed. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Council
January 2, 2013
Page 3 of 20
Item 5: Consent Agenda
A. Approve Minutes of December 11, 2012 City Council Workshop
Meeting
B. Approve Minutes of December 18, 2012 City Council Regular
Meeting
C. Findings of Fact, Conclusions of La: AZ 12-012 Tradewinds
Subdivision by SDN, LLC Located at Southeast Corner of E.
Victory Road and S. Locust Grove Road Request: Annexation
and Zoning of 10.42 Acres of Land to the R-8 Zoning District
D. Findings of Fact, Conclusions of Law: PP 12-015 Tradewinds
Subdivision by SDN, LLC Located Southeast Corner of E.
Victory Road and S. Locust Grove Road Request: Preliminary
Plat Consisting of 39 Building Lots and 3 Common / Other Lots
on 9.11 Acres of Land in a Proposed R-8 Zoning District
E. Findings of Fact, Conclusions of Law: AZ 12-011 Citadel Self -
Storage Facility by B1, LLC Located Southwest Corner of
Chinden Boulevard and N. Saguaro Hills Avenue Request:
Annexation of 5.46 Acres of Land from RUT in Ada County to
the C -C (Community Business District) Zoning District
F. Findings of Fact, Conclusions of Law: CUP 12-016 Citadel Self -
Storage Facility by B1, LLC Located Southwest Corner of
Chinden Boulevard and N. Saguaro Hills Avenue Request:
Conditional Use Permit Approval for a Self -Service Storage
Facility Consisting of Fourteen (14) Buildings on
Approximately Five (5) Acres of Land in a Proposed C -C
Zoning District
G. Findings of Fact, Conclusions of Law: VAR 12-003 Citadel Self -
Storage Facility by B1, LLC Located Southwest Corner of
Chinden Boulevard and N. Saguaro Hills Avenue Request:
Variance for Emergency Access to Chinden Boulevard (SH
20/26)
H. Final Order for Approval: TEC 12-011 Larkspur South
Subdivision by Sawtooth Land Surveying Located East of S.
Meridian Road and Approximately a 1/4 Mile North of E. Victory
Road Request: Two (2) Year Time Extension on the Preliminary
Plat in Order to Obtain the City Engineer's Signature on the
Final Plat
Meridian City Council
January 2, 2013
Page 4 of 20
I. Final Order for Approval: Paramount Commercial Southwest
No. 2 by Brighton Investments Located Northeast Corner of W.
McMillan Road and N. Linder Road Request: Final Plat
Consisting of Five (5) Commercial Lots on 3.21 Acres in a C -G
Zoning District
J. Water Main Easement Agreement with Tumble Creek
Homeowners Association
K. Approval of Contract Amendment No. 2 to the Existing
Agreement for Janitorial Services to Varsity Contractors for
the Not -To -Exceed Amount of $108,579.72
L. Fourth Lease Amendment Extending Terms of June 24, 2002
Lease of Space at Meridian Police Department to Idaho
Department of Correction
M. Resolution No. 13-903: A Resolution Donating Certain
Equipment to the Jordan Valley Ambulance District
,De Weerd: Item.5 is.our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Noted under 5-M that resolution number is 13-903. 1 move approval of the
Consent Agenda and the Mayor to sign and Clerk to attest.
Zaremba: 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, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Community Items/Presentations
A. City Council: Election of New City Council Officers
De Weerd: Item No. 6 under Community Items, I will turn this over to Council for their
discussion.
Meridian City Council
January 2, 2013
Page 5 of 20
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I think that we are doing our election and I think I will suggest that we keep the
same officers we have had this last year. They deserve another year. They have done
a great job and so I would move that we nominate Brad Hoaglun for president and
Charlie Rountree for vice-president.
Zaremba: I will second that.
De Weerd: Okay. I have a motion and a second electing the slate of officers as
Councilman Hoaglun as president and Councilman Rountree as vice-president. Do you
accept that nomination?
Hoaglun: I do, Madam Mayor. Yes.
De Weerd: Okay. I just thought I would ask. Not that it matters what your answer was.
We still vote and --
Hoaglun: I heard that train coming, so --
De Weerd: Okay. But I do have a motion on the floor and I will ask for Madam Clerk to,
please, call roll.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 7: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Action Items
A. Public Hearing: Proposed Right of Way Property Disposition
for 15 W. Broadway to Ada County Highway District by the City
of Meridian
De Weerd: So, we will move right into Action Items. Item 8-A is a public hearing and I
will open this public hearing with staff comments. If someone wanted to comment on it.
It would be a good idea not to ask me to.
Meridian City Council
January 2, 2013
Page 6 of 20
Nary: Okay. Madam Mayor, I was just going to give Council just a 30 second
background. This is property owned by the city on the corner of Broadway and Meridian
Road we purchased a few months ago. Prior to our purchase they had negotiated a
right-of-way access for ACHD to construct part of the roadway, as well as part of the
sidewalk once Meridian Road split corridor project was done. They negotiated, but they
never actually recorded one. So, after we effected the purchase ACHD contacted us
and said we were planning on doing this, but it never got accomplished, so can we do
this. So, we have to follow this process, rather than the private party process to do this.
So, that's all this is. It's a very minor little cleanup and clarification on the access for this
purpose.
De Weerd: Thank you. It is a public hearing. Is there anyone who would like to offer
any thoughts on this item? Seeing none --
Zaremba: Madam Mayor?
De Weerd: I couldn't get any staff to make any comments on it either, so -- Mr.
Zaremba.
Zaremba: Seeing no one wishing to comment, I move we close the public hearing.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
B. Ordinance No. 13-1537: Authorizing the Conveyance of Real
Property to Ada County Highway District (ACHD) for Right of
Way Purposes
Zaremba: If we are ready for Item 8-B, I move that we approve Ordinance 13-1537,
authorizing conveyance of real property to Ada County Highway District for right-of-way
purposes.
De Weerd: Well, before I entertain your motion, I will ask that Madam Clerk, please,
read this ordinance by title only.
Zaremba: That would be appropriate. Sorry about that.
Meridian City Council
January 2, 2013
Page 7 of 20
Holman: City of Meridian Ordinance No. 13-1537, an ordinance authorizing the
conveyance of certain city -owned real property to the Ada County Highway District
located at 15 West Broadway Avenue. A portion of Ada County parcel number
R0406000005, located in the southeast one quarter of Section 12, Township 3 North,
Range 1 West, Boise meridian, Ada County, Idaho. Authorizing the Mayor and City
Clerk to execute and attest on behalf of the City of Meridian the purchase agreement,
deed, and other documents necessary to complete the transaction. Providing for a
waiver of the reading rules and providing an effective date.
De Weerd: You have heard this ordinance read by title only. Is there anyone who
would like to hear it read in its entirety? Okay. Mr. Zaremba.
Zaremba: Madam Mayor, I move we approve Ordinance 13-1537, authorizing the
conveyance of real property to Ada County Highway District for right-of-way purposes.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-B. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
C. Public Hearing: PP 12-014 Karmelle by Providence
Management, LLC Located East of S. Eagle Road and South of
E. Victory Road Request: Preliminary Plat Approval of 43
Residential Lots and 12 Common Lots on 16.13 Acres in an R-
4 Zoning District
De Weerd: Item 8-C is a public hearing on PP 12-014. 1 will open this public hearing
with Bill's comments.
Parsons: Thank you, Madam Mayor, Members of the Council. First application this
evening is the Karmelle Subdivision. The site consists of 16.18 acres of land. It's
currently zoned R-4 in the city and is located on the south side of East Victory Road,
east of south Eagle Road. In 2006 Council approved the annexation and preliminary
plat for the Harcort Subdivision, which this is part of. If you look at the zoning map here
the property that I'm highlighting with the cursor here and the property here were part of
that application at that time, but has since been sold off and are not part of the plat this
evening. So, we have a remnant piece here and, then, a five acre lot here on the south
side of the East Falcon Drive. To the west of the site is Ada County property zoned
RUT, five acre lot, and, then, some commercially zoned property here on the corner. To
the north is pasture and Sutherland Farms Subdivision zoned R-4. To the east we have
Meridian City Council
January 2, 2013
Page 8 of 20
pasture as well. RUT in Ada County. And, then, to the south we have county property
and city property zoned RUT and R-4 four in the city. The applicant is proposing a
preliminary plat consisting of 43 residential lots and 12 common lots on 16.18 acres of
land. Average lot size is 8,900 square feet or, excuse me, a little over 10,000 square
feet. Access to the site will be primarily from East Victory Road here, as previously
approved. And, then, also secondary access will be along East Falcon Drive here,
which is a public -- local street and that will connect here and, then, for a future
connectivity we have two stub streets to the east consistent with Harcort Subdivision as
well. Again I have highlighted which parcel will be excluded from this subdivision. It
wasn't originally annexed in. Again, this is not part of this application this evening. Here
is the landscape plan that the applicant is proposing. At this time the plat that's before
you is deficient at ten percent open space. Open space consists of the landscape
buffers along Eagle -- or Victory Road. There is a large central lot -- open space lot that
will house a tot lot and, then, there is an open pond here and future connectivity along
the pond lot to the commercial development to the west and, then, also the applicant is
proposing a sitting area, gazebo area in this common lot here. One thing that I would
mention to Council, too, if you notice you can see a canal that's bisecting the property
here. That will be tiled and relocated with the development of this site and more than
likely come down through the pond lot here, follow the common lot along the street
here, go through the central open space here and, then, terminate at the boundary here.
I, would let Council know that there are several. homes that exist on the property as well
and those will be removed with the development of the site moving forward. The
applicant has provided sample elevations for you this evening. Building materials
consist of stucco, a mixture of wood siding, stone wainscoting, typical to what's
developed in the area and consistent with other homes in the surrounding area as well.
A provision of the preliminary plat requires compliance with these elevations. The
Planning and Zoning Commission did recommend approval at their hearing on
December 6. Speaking in favor was Scott Wonders and Zach Evans. Commenting on
the application was Harold Krazinski and Keith Travis and Bob Aldridge submitted
testimony on the application as well. One of the items of discussion by the Planning
and Zoning Commission was how this residential subdivision would be buffered from
the commercial on the corner. I will let Council know that I did look at the recorded
development agreement for that commercial property and there is adequate buffering
between the commercial zoned property and this proposed residential subdivision. So,
with that there are no outstanding issues before you this evening and I'd stand for any
questions you have.
De Weerd: Thank you. Council, any question?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: To clarify if I heard Bill correctly, you said that there is ten percent open space
to meet the requirements?
Meridian City Council
January 2, 2013
Page 9 of 20
Parsons: Mayor, Members of the Council, it's conditioned that they comply with the ten
percent requirement. At this time we are sitting at 9.3 percent. So, slight deficiency, but
easily remedied at final plat.
Hoaglun: Okay. Thank you.
De Weerd: Okay. Any further questions from Council? Would the applicant like to
make comment? Good evening. If you will, please, state your name and address for
the record.
Wonders: Good evening. Scott Wonders from JUB, 250 South Beachwood Avenue in
Boise. 83709.
De Weerd: Thank you.
Wonders: Appreciate Bill giving you guys an overview. I'm here to answer any
questions. We are in concurrence with all the recommendations, the conditions of staff
and of the Planning and Zoning Commission. We do have some unique issues with
some of the remnants and outparcels. We continue to work with the neighbors. I think
we have had most of those issues resolved and have been working with Bill. I think we
just have a couple minor tweaks on some of the open space to meet the ten. percent_
and I don't think there is going to be anything significant in changes to meet that. So,
with that I'm here to answer any questions you may have.
De Weerd: Okay. Council, do you have any questions at this time?
Bird: I have none.
Hoaglun: Madam Mayor, just a quick question.
De Weerd: Mr. Hoaglun.
Hoaglun: Scott, there was a fencing issue, some discussions about that. Has that been
resolved?
Wonders: Yeah. We -- I think one of the -- the letter that Mr. Aldridge submitted
requested six foot vinyl fencing and we are in concurrence with that if that's the question
you're referring to.
Hoaglun: Yes, I was. Thank you.
Wonders: So, we are okay with that.
Hoaglun: Great. Thank you.
Wonders: Okay.
Meridian City Council
January 2, 2013
Page 10 of 20
De Weerd: Anything further from Council?
Bird: I have none.
De Weerd: Okay. Thank you so much.
Wonders: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony on this item? Happy new year.
Aldridge: Bob Aldridge. 3300 Falcon Drive. I'm the property immediately to the west of
this and the issues that we have been working on I think are adequately addressed.
The remaining question I think we will have worked out by final plat is going to be the
irrigation system situation. Our current irrigation is on the far northwest corner of the
property and we have a large pump there that originally served six of us, now it's about
three of us, maybe only two of us that come off that, but there has to be some way to
get the water from that pump station up to our diversion point and we discussed that
and I think that will be worked out, so -- and that's the condition as I understand of the
final plat. So, with that I think they have done a good job.. It buffers well. It backs to our
property and they have agreed to the vinyl fence. So, I think with those things in place it
will be a good project. As you know, I said I wish everybody would go away and leave
me alone and let it be 1983. It's not going to happen. So, I think we need to do the best
job we can. I think they are doing a good job of that. I'd be happy to answer any
questions.
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Thank you. Is there any further testimony on this item? Okay. Seeing
none. Council, any questions for staff?
Bird: I have none.
De Weerd: If not I would entertain a motion to close.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move we close the public hearing on PP 12-014.
Bird: Second.
Meridian City Council
January 2, 2013
Page 11 of 20
De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of P 12-014 with all staff, applicant, and public testimony that
was brought forth tonight.
Bird: Second.
De Weerd: Okay. I have a motion and a second. If there is no discussion, Madam
Clerk.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
D. Public Hearing: AZ 12-013 Locust Grove Water Reservoir #2 by
City of Meridian Public Works Department Located at East
Side of S. Locust Grove Road, Approximately 1l4 Mile South of
E. Victory Road Request: Annexation and Zoning of Four (4)
Acres of Land with an R-4 Zoning District
E. Public Hearing: CUP 12-017 Locust Grove Water Reservoir #2
by City of Meridian Public Works Department Located East
Side of S. Locust Grove Road, Approximately 114 Mile South of
E. Victory Road Request: Conditional Use Permit Approval for
Public Infrastructure in a Proposed R-4 Zoning District,
Consisting of Two (2) Million Gallon Municipal Water Storage
Facility
De Weerd: Item 8-D and E are two public hearings on AZ 12-013 and CUP 12-017. 1
will open these two public hearings with staff comments at this time.
Watters: Thank you, Madam Mayor, Members of the Council. The next item before you
is an annexation and zoning and conditional use permit request. This site consists of
four acres of land. It's currently zoned RUT in Ada County and is located on the east
side of South Locust Grove Road, approximately a quarter mile south of Victory. To the
north property is vacant property. A rezone to R-8 and preliminary plat with recently
approved for single family residential uses, Tradewind Subdivision. It's currently zoned
Meridian City Council
January 2, 2013
Page 12 of 20
RUT in Ada County, waiting on the development agreement process. To the east are
single family residences in Tuscany Lakes Subdivision, zoned R-4. And to the south is
rural residential property zoned RUT in Ada County. And to the west is Locust Grove
Road and vacant lands zoned RUT in Ada County and single family residences in
Tuscany Village Subdivision, zoned R-8. The city proposes to annex the subject parcel
as an R-4 zoning designation, consistent with the Comprehensive Plan map designation
of medium density residential. This site is proposed to develop with a water reservoir,
which is classified in the Unified Development Code as public infrastructure and
requires conditional use approval in R-4 districts. This is a site plan and I'm going to flip
to the landscape plan, it's a little easier to see. The proposed infrastructure consists of
an above -ground water reservoir and associated equipment storage building. The
reservoir consists of a circular tank 20 feet in height and 145 feet in diameter, with a two
million gallon storage capacity. The equipment storage building consists of
approximately 3,360 square feet and will house a series of pumps, fans, and equipment
necessary for the operation of the reservoir. A backup emergency generator will be
located between the structure and the reservoir and will run an average of 15 minutes
per week as part of its maintenance program. In the event of a power outage the
generator will provide power for the operation of the facility. Access to the site will be
provided from the north via Tradewind Subdivision, currently in the approval process. If
this site develops prior to the adjacent subdivision temporary access will be provided via
Locust Grove Road. Once access is available from the north the temporary access
would cease and be removed. This is a cross-section of the landscape proposed around
the tank. A 25 foot wide landscape buffer is required along Victory and a berm, a fence,
landscaping consisting of a mix of evergreen and deciduous trees and shrubs is
proposed as shown around the water tank to visually buffer the proposed facility from
the adjacent residential properties. All landscaping is required to be maintained in a
healthy growing condition at all times. The Ten Mile creek runs along the southern
boundary of the site and will remain open, as it is a natural waterway. A ten foot wide
multi -use pathway is designated on the master pathways plan on this site along the
north side of the creek. For this reason -- well, excuse me. There is approximately a
165 foot long gap between the existing pathway in Tuscany Lakes Subdivision and the
southeast boundary of the site. For this reason staff recommends construction of the
pathway on this site be delayed until the city is able to obtain an easement on the
adjacent property for the extension of the pathway. Although the pathway will be
constructed at a later date, staff recommends an easement for the pathway on this site
be submitted, approved by Council and recorded prior to issuance of the certificate of
zoning compliance. The applicant has worked extensively with surrounding property
owners on the location of the reservoir, equipment structure, and the placement of the
landscape berm, trees, shrubs, and fencing to provide the maximum buffer between the
residents and the facility. The service area for the proposed facility is as shown.
Summary of the Commission public hearing. Shawn Nickel, Matt Carden, Jim Fabor --
excuse me if I mispronounce your names -- testified in favor of the request. No one
testified in opposition. Jason Bell and Scott Barker commented on the application and
written testimony in favor was received by Shawn Nickel in agreement with the staff
report. The Commission discussed the timing for construction of the pathway along the
Ten Mile Creek and the service area for the water reservoir. There were no changes to
Meridian City Council
January 2, 2013
Page 13 of 20
the staff recommendation by the Commission or any outstanding issues for Council.
Commission did recommend approval of the subject applicants. Staff will stand for any
questions at this time.
De Weerd: Thank you. Council, any questions at this point?
Bird: I have none, Mayor.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: One small one, if I could. Refresh my memory. In an R-4 zone what is the
height limit of the building? It's -- I was thinking 45 feet, but I don't think that's right.
That's too high.
Watters: I believe it's 35. 1 can give you an answer in a minute once I consult my code.
Zaremba: Twenty feet is well below that.
Watters:. It's well below the maximum height, yes, if that's what you're after. .
Zaremba: That's what I was after. Thank you.
De Weerd: Okay. Anything further?
Nickel: Good evening, Madam Mayor.
De Weerd: Happy new year. If you will, please, state your name and address for the
record.
Nickel: Shawn Nickel. 1589 North Estancia Place, Eagle, Idaho.
De Weerd: Thank you.
Nickel: Here tonight representing your Public Works Department. Good evening,
Council. As staff has thoroughly gone through the project I will try not to -- to be too
longwinded. Staff did -- as staff explained, this is a conditional use permit and an
annexation for this four acre parcel. The conditional use permit is for public
infrastructure for the 20 foot high by 145 in diameter above -ground water reservoir. It
has a 3,360 square foot maintenance building that will house the service equipment,
including fans and pumps within that structure. The site plan that you -- that you see
before you -- staff, if you could put that back up? Thank you. Is the result of several
years of work between your Public Works Department and the surrounding neighbors.
Included in that were six neighborhood meetings and, then, several ongoing meetings
regarding the buffering and landscaping that you see before you. The Public Works
Meridian City Council
January 2, 2013
Page 14 of 20
Department also did an extensive evaluation of this property in addition to other
available properties in the area and determined that this was the best location for this
facility. Their criteria included location to a drain, which as you know this is adjacent to
the Ten Mile drain. Proper access through Idaho Power services and the least amount
of impact to surrounding land uses. And, again, as I stated, the landscape plan in front
of you is the result of those meetings with the neighbors to provide buffering, including --
including landscaping and we believe that we are in agreement with the neighbors on
this site plan and the pathway as staff has stated will be delayed, but it is part of your
master -- your master plan. Your master plan as adopted through the Comprehensive
Plan. So, with that I will stand for any questions you have.
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Okay. Thank you.
Nickel: Thank you.
De Weerd: This is a public hearing on Items 8-D and E. Is there anyone who would like
to provide testimony on this item?. Good even. Happy. new year.
Carden: Happy new year. Matt Carden. I live at 1802 East Serchio Court, the property
directly east of the proposed site for the water tank.
De Weerd: Thank you, Matt.
Carden: Thank you. Thanks for letting us be here and be able to speak. We have -- as
mentioned by Mr. Nickel, we have spent the last couple years looking at this site and
working with the Public Works Department to come to an alignment on the needs of the
-- the local community in the area and have been very satisfied with the -- where we
have been able to work with and work that out. That being said, I did want to go on the
record and mention, you know, this was not, obviously, the first place that we wanted to
see a water tank being in our residence community that has been built several years
past, but also understand the implications of where we stand today and the needs of the
city and in good faith as citizens we felt like it was certainly something that we could
hold up so that we could have the proper infrastructure. I did want to go on the record
and just say for myself and the group that had worked with the Planning and Zoning
committee -- or, I'm sorry, the Public Works Department I should mention, that we do
find an agreement on where we netted out, so long as the plans that we agreed upon
are actually carried out and felt very comfortable with the vegetation and the other
things that they were doing to make the site more esthetically pleasing. So, I wanted to
go on record and say those things and appreciate the time.
De Weerd: Thank you, Matt.
Meridian City Council
January 2, 2013
Page 15 of 20
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Matt, I was just curious out of those two houses are you the one on the north
side or the south side?
Carden: Directly on the east of where the water tank --
Hoaglun: On the east side and, then, there is two houses they show on the east side,
which --
Carden: So, I'm on the north.
Hoaglun: You're on the north end of that? Okay. And as things go along -- I mean
Public Works construction -- if you contact them if there is any questions feel free to
contact us as well, so -- it's important that we get it right.
Carden: Great. Appreciate it.
De Weerd: You probably already have their number on speed dial.
Carden: Not quite, but -- yeah.
De Weerd: I think they have yours on speed dial. Thank you.
Carden: Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I just wanted to thank you for your participation in the project and I think your
effort, along with some of your neighbors, has raised the bar on -- on this development
and the city certainly wants to make it -- as well as a productive operation, it needs to be
attractive as well and we are hoping it will be an addition to your neighborhood, certainly
the guarantee that you will have good water pressure is hopefully a good thing, but
mostly I wanted to thank you for your participation and cooperation and all of that.
Thank you.
Carden: We appreciate it.
Bird: Thank you.
Carden: Thank you.
Meridian City Council
January 2, 2013
Page 16 of 20
De Weerd: Thank you. Anyone else?
Gibbons: Madam Mayor, Members of the Council, I'm following through on the
commitment to the neighbors that we struck as we worked through this process. In
that --
De Weerd: Do you want to give your name first, Jay.
Gibbons: Jay Gibbons.
De Weerd: Thank you.
Gibbons: I am the pathways project -- or pathways project manager for the City of
Meridian Parks and Rec Department, 33 East Broadway, Meridian, Idaho. So, I wanted
to provide some clarification as far as the pathway is concerned. It is shown on our
pathways master plan as most recently adopted in January of 2012 indicates a pathway
that connects from some of the existing pathways along the Ten Mile Creek itself that
was built as part of the Tuscany and Tuscany Lakes development a few years ago.
There is a -- can you go to the -- that has the aerial. I know there is -- one back. Right
there. So, there is -- right in this area there is tot lot. There is an existing pathway
along Ten Mile Creek -- it's on the north side and it ties into that tot lot and, then, turns
up to the street. So, there is -- as staff previously spoke, there is about 165 foot gap
from existing to what the city's new property boundary would be. Through this process
we have found that the neighbors are pretty against connecting that pathway currently --
as it currently is and so I applaud the Public Works Department for listening to the
neighbors and reserving space as part of their project for a future pathway extension
should we be able to successfully negotiate a pathway easement to make that
connection. If that doesn't happen it's down the road, but that gives me something to go
back and talk to the neighbors about and see what happens going forward. But they
were -- they were pretty adamant about it and I'm going to -- I'm going to abide by their
wishes at this point. And that's -- and I will involve them in the process if we go to the
homeowners association and the neighbors themselves and talk further about a
pathway easement for it, but at this time the application is conditioned that the pathway
won't be constructed until such time as this 165 foot easement is secured by the city.
So, with that I will stand for any questions.
De Weerd: Thank you, Jay. Any questions from Council?
Bird: I have none.
De Weerd: Okay. Thank you.
Gibbons: Thank you.
De Weerd: Additional testimony? Any other comments? I see a couple of residents,
but -- okay. Any other staff comments? Council, any further information needed?
Meridian City Council
January 2, 2013
Page 17 of 20
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Seeing no further comments, I move we close both public hearings, Items 8-
D and E.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 8-D and
E. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would only comment that this is an important project to our Public Works
Department and appreciate all the effort that everybody has put into it, the neighbors,
the community, and the Public Works Department and something that will enable us to
move forward and, as I say, have good water pressure and some additional zones and
with that I move we approval AZ 12-013, to include all staff comments and applicant --
we are the applicant I guess. All applicant and staff comments.
Bird: Second
De Weerd: I have a motion and a second to approve Item 8-D. Any discussion on this
item? Madam Clerk.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Item 8-E.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
January 2, 2013
Page 18 of 20
Zaremba: I move we approve CUP 12-017, again, with all staff and applicant comments
and public comments.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-E. Any discussion on this
item?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Zaremba, did that include not doing the pathway until the easement is --
Zaremba: Yes.
Bird: -- in the other area?
Zaremba: Yes. The maker of the motion intends that the pathway can be delayed.
Bird: Okay. Second agrees.
De Weerd: Okay. Any further discussion?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Just a quick comment to echo Councilman Zaremba. We do appreciate the
effort that Mr. Carden, his involvement, and all the folks and staff of Public Works. This
was a long effort, but I think well worthwhile, because we have a project now that
started out with people up in arms going what's going on and not happy about it to
something they can live with and now we just have to fulfill our end of the bargain and
do a -- do a quality job out there and I think everyone will be happy, so appreciate
everyone's hard work on that. Thanks.
De Weerd: Okay. Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: I would just echo the councilmen's comments. You know, I'm a big fan of
the public process and this shows you the value of including the public in the process
Meridian City Council
January 2, 2013
Page 19 of 20
and so appreciate the tenacity, the fortitude and the tenacious focus on making sure
that this is a good project and this may be the beginning, but it's not the end and I'm
sure to the homeowners association and to the neighbors our Public Works Department
will make sure you have contact information in case you need to make phone calls. So,
thank you to staff. Appreciate all of your diligence. And I think this -- this was your
baby, Clint? So, congratulations.
Item 9: Department Reports
A. Police Department: Budget Amendment for Victim Witness
Donation
De Weerd: Okay. Item 8 -- or 9-A is under our Police Department. I will turn this over
to Lieutenant Leslie.
Leslie: Madam Mayor, City Council, thank you. This is a budget amendment for some
money that was donated to us by Leadership Meridian, the 2012 Legacy Challenge, to
our victim witness unit. I think it was 6,148 dollars, if that's -- if my memory serves me
correct, for the budget amendment. That money will be used by our victim witness
coordinators to help families in crisis. When we go out a lot of times children are
,involved and families are displaced during domestic battery type situations or crimes
against individuals and so this money has been donated by Leadership Meridian and I
Jaycee Holman was the chairman of that process, so that's all I have. Any questions?
De Weerd: Any questions for Lieutenant Leslie?
Bird: I have none.
De Weerd: I think it's tremendous that they selected this as their project and -- because
certainly we know that when there is a victim there is a huge need for this kind of
support and outreach. So, appreciate it.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: With thanks to Jaycee Holman and her leadership in raising these funds and
getting them donated, I would move approval of the budget amendment for the Police
Department in the amount of 6,148 dollars for the victim witness program.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea.
Meridian City Council
January 2, 2013
Page 20 of 20
De Weerd: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 10: Future Meeting Topics
De Weerd: Item 10 is Future Meeting Topics. Council, do you have any topics for
future agenda items?
Bird: Not at this point.
De Weerd: Okay. Well, it is 20 to 8:00. This is happy new year to -- to you. I would
entertain a motion to adjourn.
Bird: So moved.
Zaremba: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
MEETING ADJOURNED AT 7:41 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR T(�� I� Y DE WEERD
ATTEST:
CITY
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DATE APPROVED
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DATE: January 2, 2013 ITEM NUMBER:
ITEM TITLE:
Approve Minutes of December 11, 2012 City Council Workshop Meeting
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
IF 111111111 11111111 111111
DATE: January 2, 2013 ITEM NUMBER: 5B
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of December 18, 2012 City Council Regular Meeting
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE: January 2, 2013 I : 5
PROJECT
ITEM TITLE:
Findings of Fact, Conclusions of La: AZ 12-012 Tradewinds Subdivision by SDN, LLC
Located at Southeast Corner of E. Victory Road and S. Locust Grove Road Request:
Annexation and Zoning of 10.42 Acres of Land to the R-8 Zoning District
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE: January 2013 ITEM NUMBER: 5D
NO
'aal' IV 111111M
ON
Findings of Fact, Conclusions of Law: PP 12-015 Tradewinds Subdivision by SDN, LLC
Located Southeast Corner of E. Victory Road and S. Locust Grove Road Request:
Preliminary Plat Consisting of 39 Building Lots and 3 Common / Other Lots on 9.11
Acres of Land in a Proposed R-8 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE:
2013 ITEM NUMBER: 5E
Findings of Fact, Conclusions of Law: AZ 12-011 Citadel Self -Storage Facility by B1, LLC
Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue
Request: Annexation of 5.46 Acres of Land from RUT in Ada County to the C -C
(Community Business District) Zoning District
u i •
L-
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
1
'*ATE: January 2, 2013 ITEM NUMBEW.2
ITEM TITLE:
Findings of Fact, Conclusions of Law: CUP 12-016 Citadel Self -Storage Facility by B1,
LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue
Request: Conditional Use Permit Approval for a Self -Service Storage Facility Consisting
of Fourteen (14) Buildings on Approximately Five (5) Acres of Land in a Proposed C -C
Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE: January 2, 2013 ITE[h il,'IFIIBEPj�
=�IRMA
Findings of Fact, Conclusions of Law: VAR 12-003 Citadel Self -Storage Facility by B1,
LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue
Request: Variance for Emergency Access to Chinden Boulevard (SH 20/26)
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE: January 2, 1
II
1111111
11111111
11
• •
Final Order for Approval: TEC 12-011 Larkspur South Subdivision by Sawtooth Land
Surveying Located East of S. Meridian Road and Approximately a 114 Mile North of E.
Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to
Obtain the City Engineer's Signature on the Final Plat
MEETING NOTES
F
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE:JanuarV 2, 2013 ITEM NUMBER: 51
Final Order for Approval: Paramount Commercial Southwest No. 2 by Brighton
Investments Located Northeast Corner of W. McMillan Road and N. Linder Road
Request: Final Plat Consisting of Five (5) Commercial Lots on 3.21 Acres in a C -G
Zoning District
M=1=rNIh[C101591f
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE: January 2, 2013 ITEM NUMBER:
Water Main Easement Agreement with Tumble Creek Homeowners Association
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
a
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Brent Blake
Engineering Technician II
DATE: December 14, 2012
Mayor Tammy de Weerd
City Council Memberso
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: WATER MAIN EASEMENT AGREEMENT WITH TUMBLE CREEK
HOMEOWNERS ASSOCIATION.
(NEXT AVAILABLE CONSENT AGENDA)
I. RECOMMENDED ACTION
A. Move to:
1. Approve the Water Main Easement with TUMBLE CREEK HOMEOWNERS
ASSOCIATION.
and
2. Authorize the Mayor to sign the easement.
IL DEPARTMENT CONTACT PERSONS
Brent Blake, (Project Manager)..................................................................489-0340
Kyle Radek, Assistant City Engineer..........................................................489-0343
Warren Stewart, Engineering Manager.......................................................489-0350
Tom Barry, Director of Public Works.........................................................489-0372
Page 1 of 2
III
ILY/
V.
A. Background
The Well 24 Flush Line project consists of constructing approximately 100 lineal feet of
12 -inch water main to provide flushing capabilities for Well #24 located at 2854 N. Blue
Springs Avenue. A portion of the new water main is designed to cross through land
owned by a private party and will therefore require an easement.
B. Proposed Easement
The proposed easement will allow Public
maintenance or repairs if required.
IMPACT
A. Fiscal Impact:
Total Costs
LIST OF ATTACHMENTS
A. Water Easement Agreement
B. Water Easement Description
C. Water Easement Sketch
Works Staff to access the water main for
Approved for Council Agenda:
Warren Stewart, PE, Engineering Manager
Approved for Council Agenda:
Tom Barry, PEG, Public Works Director
Page 2 of 2
$0.00
i
Date
Date
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 01/04/13 01:31 PM
DEPUTY Lisa Batt
RECORDED -REQUEST Of III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I II
Meridian City 113001190
WATER MAIN EASEMENT
THIS INDENTURE, made this 2 day of JNn , 20 t 3 between the Tumble Creek Homeowners
Association, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be constructed
by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from
time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good
and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, together with their maintenance, additional connection thereto, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities at any
and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performing other maintenance or making subsequent connection to the
water line, Grantee shall restore the area of the easement and adjacent property to that existent prior
to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible
for repairing, replacing or restoring anything placed within the area described in this easement that
was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this
easement, which would interfere with the use of said easement, for the purposes stated herein.
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
Water Main Easement EASMT WTR- l .doc
convey
said easement, and that they will warrant and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR: TUMBLE CREEK HOMEOWNERS ASSOCIATION
STATE OF IDAHO )
ss
County of Ada )
On this day 20LA before me the undersigned, a Notary Public in
and for said State, personally appeared e� artzp-&[ L% ,,wDa t.J , known or
identified to me to be the President, respectively, of the Tumble Creek Homeowners Association that
executed the within instrument, and acknowledged to me that the Tumble Creek Homeowners
Association executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
lotree!l'e /AW�0�
(SEAL) N TARY PUBLIC FOR IDAHO
Residing at rQIoo d 419ka 14P
Commission Expires: _,3/ 3&0/ 2
Water Main Easement EASMT WTR- l .doc
GRANTEE: CITY OF MERIDIAN
Tammy deJyeerd, Mayor
Attest byWycee L. Holman, City Clerk
n- D A UG
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City of I
E IDIA.M--
IDAHO
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Approved By City Council On: AA01 t
STATE OF IDAHO
ss
County of Ada
On this day of o\► , 20 , before me, the undersigned, a Notary
Public in and for said State, personally peared 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.
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Water Main Easement EASMT WTR- l .doc
EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN
An easement for water line purposes located Government Lot 1 of Section 2, Township 3
North, Range 1 West, Boise Meridian, and being a part of Lot 4 of Block 16 of TUMBLE
CREEK NO. 6 SUBDIVISION as shown in Book 83 of Plats at page 9164 in the office of
the Recorder, Ada County, Idaho, more particularly described as follows:
Commencing at the northeasterly corner of said Lot 4;
Thence S 0°00'48" E along the easterly boundary of said Lot a distance of 60.00 feet to
the POINT OF BEGINNING;
Thence continuing S 0°00'48" E a distance of 10.00 feet to a point;
Thence leaving said easterly boundary S 89'59'12" w a distance of 20.00 feet to a point
on the westerly boundary of said Lot 4;
Thence N 0°00'48" W along said westerly boundary a distance of 10.00 feet to a point;
Thence leaving said westerly boundary N 89'59'12" E a distance of 20.00 feet to the
POINT OF BEGINNING.
This parcel contains 200 square feet (0.005 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
July 16, 2012
SKETCH TO ACCOMPANY WATER LINE EASEMENT
DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO
LOCATED IN GOVERNMENT LOT OF SECTION 2,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN.
ADA COUNTY, IDAHO
0
0
c;
(c)
Ld
co
lq-
0
0
EXISTING WATER O
LINE EASEMENT ^-
3 PER PIAT K
POINT OF
3 N 89'59'12" E BEGINNING w
00 0 20.00'
TUMBLE CREEK o C;
NO. 6 SUBDIVISION o 20.00'
z 5 89"69;12 Of W
BLOCK 16
4
5
DATE: January 2, 2013 ITEM NUMBER: 5K
IF4,911fil"
Approval of Contract Amendment No. 2 to the Existing Agreement for Janitorial
Services to Varsity Contractors for the Not -To -Exceed Amount of $108,579.72
MEETING NOTES
M"A-q-
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Eric Jensen
Date: 12/20/12
Re: January 2nd City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
January 2nd City Council Consent Agenda for Council's consideration.
Approval of Contract Amendment to the existing Agreement for Independent
Contractor Services for Janitorial Services to Varsity Contractors. This Amendment is
the second of four possible additional one year extensions for city wide janitorial
services.
Recommended Council Action: Approval of Contract Amendment No. 2 to
Varsity Contractors for the Not -To -Exceed amount of $108,579.72.
Thank you for your consideration.
0 Page 1
E CITY OF OF MERIDIAN
CONTRACT AMENDMENT No 2
VARSITY CONTRACTORS, INC.
for
JANITORIAL SERVICES
CONTRACTOR NAME:
DEPARTMENT NAME:
Varsity Contractors, Inc.
Public Works
ADDRESS:
ADDRESS:
2100 South Cole Road
Boise, ID 83709
33 E. Broadway
Meridian, ID 83642
CURRENT CONTRACT INFORMATION:
Contract Name & Project No. Janitorial Services
Previous Amendment Date: 10-27-2011 Previous Amendments: 1
Current Contract Dates: START: 9/30/2011 COMPLETION: 9/30/12
Current Contract Amount (Inclusive of Previous Amendments to Date): $ 217,159.44
CHOOSE ONE AMENDMENT COLUMN BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE
OPTION TO RENEW" and check off any applicable amendments under that column.
STANDARD AMENDMENT
AMENDMENT TO EXERCISE OPTION TO RENEW
(Check all that APPIV)
(Check all that appivl
Amendment to Contract Performance (Scope)
Amendment to Contract Performance
Amendment to Contract Dates
X Amendment to Contract Dates
Amendment to Contract Amount
X Amendment to Contract Amount
Other: (Explain) —
Other: (Explain)
DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment):
This Amendment is the second of four possible one year extensions.
NEW CONTRACT INFORMATION:
Amendment Date: 12-18-2012
New Contract Dates: START: 10/1/2012 COMPLETION: 9/30/2013
Amount of Amendment Change $ 108,579.72
Current Contract Amount (Inclusive of Previous Amendments to Date): $325,739.16.
ALL OTHER TERMS AND CONDITIONS OF TETE ORIGINAL CONTRACT AND PREVIOUS
AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT.
CITY OF ,R!AN
B
TAMMY E -RD, MAYOR
Dated: I
Approved by Council: Ct
Attest:
CEE(! LMAN, CITY CLERK
Varsity Contractors, Inc.
BY:
Shawna Anthony, District Operattdns Manager
AUce,; Dated - _
N,
City of
FP D,IAN
Ib/a ilb
9
�F SEAL
he TRLASA���
proved by City ass to Content
:ITH- ATTS, PURCHASING MANAGER
• City Council Meeting
WATE: -Jlanua�t2, 2013 ITEM NUMBER: 5L
MNW4
Fourth Lease Amendment Extending Terms of June 24, 2002 Lease of Space at
Meridian Police Department to Idaho Department of Correction
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
FOURTH LEASE AMENDMENT
This FOURTH LEASE AMENDMENT is made and entered into this 2. day of jo,�w� , 2013
by and between the City of Meridian, a municipal corporation organized under the laws of the State o -f daho
("Lessor") and the State of Idaho, by and through the Department of Correction ("Lessee"). (Lessor and Lessee
may hereinafter be collectively referred to as "Parties.")
WHEREAS, the Parties seek by this amendment to extend the term of the original Lease Agreement for
Space entered into by Lessor and Lessee, on June 24, 2002, for space located at Room 103 in 1401 East
Watertower Street, Meridian, Idaho ("Premises") (ExhibitA hereto), as modified by the July 1, 2003 Lease
Amendment (Exhibit B hereto), the July 24, 2007 Second Lease Amendment (Exhibit C hereto), and the July 6,
2010 Third Lease Amendment (Exhibit D hereto);
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as
follows:
TERM OF LEASE AGREEMENT EXTENDED. The term of the June 24, 2002 Lease Agreement for Space,
as amended, shall be extended for a term of three (3) years, and, as time is of the essence, shall end at midnight
on June 30, 2016. Absent other written agreement by the Parties, Lessee may, at the expiration of this term,
continue in its occupancy of the Premises on a month-to-month basis, under the terms and conditions set forth
in the June 24, 2002 Lease Agreement for Space, for a period not to exceed one (1) year. Lessor may terminate
Lessee's month-to-month occupancy upon ninety (90) days' prior written notice.
No ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this Fourth Lease
Amendment, all provisions of the original June 24, 2002 Lease Agreement for Space shall remain in full force
and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with
this Fourth Lease Amendment, shall be deemed to enlarge, limit or otherwise affect the operation of the June
24, 2002 Lease Agreement for Space or this amendment thereto.
IN WITNESS WHEREOF, the Parties have executed this Fourth Lease Amendment on this 2 day
of v� , 2013.
LESSEE: Department of Correction
Law
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6 tAOTA
SOB 0'
Approved Date_
Linda S. Miller, Leasing Manager, Division
CITY OF DIAN:
Tammy=AMENDAIENT
rd, Mayor
FOURTH To LEASE
STATE OF Idaho
ss:
County of� ) y���
I HEREBY CERTIFY that on this -'day of - 2012,
before the undersigned, a Notary Public in the State of Idaho, personally
appeared_�`known to me to be the person who
executed said instrument, and acknowledged to me that she executed 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.
Nof ry Public for Idaho
Residing at _Z—;P 1 �,2— Idaho
My Commission Expires:
Department of Administration
w
City of
EIDIANt—�
IDAH
ycee H r an, City Clerk
PAGE 1 OF 1
Exholbit A
June 24, 2002 Lease Agreement For Space
THIS LEASE AGREEMENT FOR 'SPACE ("Lease Agreement") is entered effective upon the date of
the last required signature (the "Effective Date"), by and between City of Meridian, 33_East Idaho, Meridiar�
Idaho 83642,, (the "Lessor"), and the STATE OF IDAHO, by and through Department of Correcti®n,
Probation and Parole (the "Lessee"), for the leasing of that real property described below and referred to as
the "Premises." The Lessor and the Lessee may be referred to collectively as the "Parties." The Parties
specifically agree and acknowledge that the approval signature of the Leasing Manager, Division of Public
Works, Department of Administration, is a required signature.
LIA Wk MS -14-1 l
WHEREFORE, in consideration of the mutual covenants, agreements, and conditions contained in this
Lease Agreement, the Parties agree as follows.
1. Lpnqp of Premises. The Lessor does hereby demise and lease to the Lessee the Premises situated in the
City of Meridian, County of Ada, State of Idaho, known and described as follows: Room 103 in 14.07 Eas
Watertnwer Street, Meridian Idaho 83642rMQ,rld6 n�tdaho.
2. Term. The term of this Lease Agreement is Twelv@ (12) months. As time is of the essence, the term
of this Lease Agreement shall begin on July -i,= and shall end at midnight on June 30, 2003. The Parties
agree that this Lease Agreement is subject to the termination, expiration and renewal rights set forth in this
Lease Agreement. The Lessee may, at the expiration of the term of this Lease Agreement and without the
necessity of renewing said Lease Agreement, continue in its occupancy of the Premises on a year to year
basis upon the terms and conditions set forth in this Lease Agreement for a period not to exceed five (5)
years.
3. Payment, The Lessee shall pay to Lessor a fixed payment for the term of this Lease Agreement in monthly
installments of approximately $275.00 each. The lease payment shall be computed at a rate of $11-00 per
square foot, per year. The total square footage of the Premises is 10, subject to measurement using BOMA
standard. The total yearly lease payment is $3,300,00, Upon election by the Lessee to pay in advance _
quarterly, _ semi-annually, or annually, the Lessor shall allow Lessee a discount of "° er _ _n The
lease payments shall be paid pursuant to the Lessor's timely submission of invoices for payment. Upon
receipt, Lessee shall forward Lessor's invoice to the State Controller for payment. Lessor specifically
acknowledges that State vouchers are processed by the State Controller, not Lessee. Therefore, any
payment that is made no later than sixty (60) days after it is actually due shall not be considered an event of
default. Lessee shall use its best efforts to expedite payment. It is expressly covenanted and agreed that any
prepayment of rent made by the Lessee under the terms of this Lease Agreement shall be considered as an
advance payment of rent only and no part thereof shall be considered as a security or cash deposit.
4. Acceptanna of P[Proisps, Lessor shall deliver the Premises to Lessee in accordance with floor plans and
specifications attached to this Lease Agreement as Exhibit A, and incorporated herein by reference. Prior to
or at occupancy, Lessee shall provide Lessor with a written statement acknowledging inspection and
acceptance of the Premises. Anything contained in this Lease Agreement notwithstanding, Lessee's
obligations under this Lease Agreement shall not commence until Lessee's acceptance of the Premises.
Lessee's inspection and acceptance of the Premises are based upon what may be reasonably observed by
one untrained or unfamiliar with building Inspections. At Lessee's. discretion, Lessee may have particular
conditions or parts of the Premises inspected by one trained or familiar with building inspections. In no event
shall Lessee's inspection, or inspection by any agent of Lessee, be deemed a waiver of any defects in the
Premises.
5. No 1 ste; Repairs, Lessee will not commit waste on the Premises, nor will it disfigure or deface any part
of the building, grounds, or any other part of the Premises, including fixtures. Lessee further covenants that
upon return, the Premises will be in the same condition as originally received, reasonable wear and tear
Correction, Probation and Parole - Meridian -1
excepted, Repairs, except th actually necessitated by Lessee's wa disfigurement or defacement, and
except for repairs required by the removal of Trade f=ixtures as provided for in Paragraph 13 of this Lease
Agreement, shall be made solely at the Lessor's expense. Any repairs shall be done in a workmanlike manner
and must comply with all applicable codes, ordinances, rules and regulations.
6. Services and arking. The Lessor covenants that it will provide, perform, and pay for the services,
maintenance and parking as follows:
A. Utilities:
Domestic water and sewer.
Electricity.
Natural Gas.
Irrigation,
Local Phone Service.
B. Facility Repair and Maintenance,
General Building structure and related equipment (Interior and Exterior).
Heating system and related equipment.
Cooling and air handling system and related equipment.
Electrical system and related equipment.
Sewer and plumbing systems and related equipment.
Exterior lighting, including landscaped areas, parking area and walkway.
Cleaning ground and parking area of debris X weekly - monthly _ other:
Common area janitorial service X daily (excluding weekends and holidays) _ other:
Trash removal from property X weekly ! other:
Furnishing of all washroom materials, including paper products, soap, cleaning supplies and
equipment.
Light bulb and fluorescent tube replacement.
Ice and snow removal prior to start of each business day.
Directory sign with Lessee name.
Door sign with Lessee name.
Lawn and shrubbery care weekly during season.
C. Custodial Services:
Complete Janitorial service X daily (excluding weekends and holidays) _ other: _
Trash removal from Premises X daily (excluding weekends and holidays) weekly T other: _
Window cleaning X quarterly _ other:
Carpet spot cleaning _ semi-annually _ annually X as needed.
Shampoo carpet X -semi-annually _ annually _ as needed.
D. Parking:
A total of 2 lighted and paved automotive parking spaces (including n of which will be secured)
will be maintained with adequate ingress and egress available. Handicapped spaces will be
provided equal to the requirements of the Americans With Disabilities Act (ADA).
7, Special 2mylsia S,
a. Taxes. Lessor shall pay and discharge all taxes and assessments whatsoever charged against the
Premises whether charged by federal, state, county, city or other public authority.
b I nnq Distance IFal phone Cbargas. The Lessee agrees to reimburse Lessor for any costs incurred
for long distance telephone calls made by the Lessee.
c, Qther Special Provisions, No other special provisions exist.
g . In the event that the Lessor shall fail or refuse to make such
repairs, perform such maintenance, provide such services, or to take any other action required of the
Lessor pursuant to this Lease Agreement, Lessee shall give Lessor reasonable notice and time to cure
and, failing such cure, Lessee may, at its option, make such repairs, perform such maintenance, provide
such services, or take any such action, and deduct such sums expended doing so from the lease payments
Correction, Probation and Parole - Meridian- 2
Amldmh
due to the Lessor. In the ave at such failure or refusal prevents Le e from occupying any or all of the
Premises, Lessee may deduct a pro rata sum from its lease payments equal to the greater of the monthly
cost per square foot of those Premises not acceptable for occupancy or the actual cost incurred by the
Lessee to secure and occupy alternate premises. Lessee's decision to exercise this remedy shall not be
deemed to limit its exercise of any other remedy available under this Lease Agreement, at law or in equity.
9. Personal In ury ®amaoes. Subject to any applicable provisions of the Idaho Tort Claims Act, Lessee
agrees to defend and hold Lessor harmless for any and all claims based on proven personal injury damages
suffered by public business invitees of the Lessee, provided, however, that Lessee shall have such obligation
only for injuries and damages resulting from the negligent acts or omissions of employees of the Lessee and
shall have no such obligation related to acts or omissions of employees or invitees of the Lessor.
10. Indemnification, Lessor hereby agrees to defend, indemnify and save Lessee harmless from and against
any and all liability, loss, damage, cost, and expense, including court costs and attorneys' fees of whatever
nature or type, whether or not litigation is commenced, that the Lessee may incur, by reason of any act or
omission of the Lessor, its employees or agents or any breach or default of the Lessor in the performance of
its obligations under this Lease Agreement. The foregoing indemnity shall not apply to any injury, damage or
other claim resulting solely from the act or omission of the Lessee.
11. Use of Premise8. Lessee shall use the Premises for the following purposes: conduct the business of
tho_®epartment of arrect(oo - Prohation and Pamle.
Lessor warrants that, upon delivery, the Premises will be in good, clean condition and will comply with all laws,
regulations or ordinances of any applicable municipal, county, state, federal or other public authority
respecting such use as specified above. Lack of compliance shall be an event of default and shall be grounds
for termination of this Lease Agreement.
12. Fire or Damm,
A. , If, during the term of this Lease
Agreement, the Premises, or any portion thereof, shall be destroyed or damaged by fire, water, wind or any
other cause not the fault of Lessee so as to render the Premises unfit for occupancy by Lessee, this Lease
Agreement shall be automatically terminated and at an end. Lessee shall immediately surrender the
Premises to Lessor and shall pay rent only to the time of such surrender. If comparable and acceptable office
space can be provided by the Lessor within thirty (30) days of the date of destruction or damage, the Lessee
may elect, at its sole option, to relocate to such substitute office space and all relocation costs shall be at the
sole expense of the Lessor. Rents will be continued upon occupancy at the lesser of: (i) the current lease
rate; or (ii) the market rate for the substitute space. Such relocation shall be for the remainder of this Lease
Agreement or any extension.
B. Cnma Portion Fit for O .. ipancy,
(I) Notwithstanding any other provision of this Lease Agreement, if less than fifty percent
(50%) of the Premises are destroyed or damaged, and if that portion of the Premises may be restored within
ninety (90) days to as good a condition as originally received, the Lessee may elect to continue this Lease
Agreement and Lessor shall have the option to restore the Premises. Lessee shall give written notice of its
intention to continue this Lease Agreement within thirty (30) days after such damage or destruction occurs, If
Lessor does not elect to restore the Premises, the Lessor shall provide the Lessee with written notice of that
fact and this Lease Agreement shall automatically terminate effective as of the date of destruction or damage,
(ii) If the Lessor elects to restore or rebuild pursuant to the option provided in paragraph
12.6.(i), the rents otherwise due Lessor by Lessee shall be abated equal to the monthly cost per square foot
of the unoccupied Premises for that period of time during which restoration or rebuilding of the Premises
occurs. If the Lessee is unable to occupy all or part of the Premises during the restoration then, at the option
of the Lessee, the Lessee may be relocated to comparable and acceptable office space and all relocation
costs shall be at the sole expense of the Lessor. If such restoration or rebuilding exceeds ninety (90) days
beyond the date of the destruction or damage to the Premises, Lessee may terminate this Lease Agreement
without liability of any kind save payment for actual occupancy of the Premises prior to termination.
Correction, Probation and Parole - Meridian- 3
C. Prepaid Ren . a event that this Lease Agreement is Winated as the result of damage or
destruction to the Premises during any period of its term for which the Lessee has prepaid rent, the Lessor
shall, within ten (10) days from the date of notification of termination by the Lessee, refund the full amount of
any prepaid rent not then applied to a period of the Lessee's actual occupancy of the Premises. In the event
that the Lessor does not timely remit the full amount of any prepaid rent to the Lessee, the Lessee shall be
entitled to collect the full amount of its prepaid rent from insurance proceeds in the manner set forth in this
Lease Agreement.
13, Alteratinns. Except as otherwise agreed, subsequent to the Effective Date and during the term of this
Lease Agreement and any extension, neither Lessor nor Lessee shall make any alterations, additions or
improvements to the Premises without the prior written consent of the other. Any and all alterations and
improvements made by Lessee shall be made at Lessee's sole expense and, subject to the exception for
Trade Fixtures provided below, shall, upon termination of this Lease Agreement, and without disturbance or
injury, become the property of the Lessor, and shall remain in and be surrendered with the Premises. Any
such alterations, whether performed by Lessor or Lessee, must be made in a workmanlike manner and must
comply with all applicable codes, ordinances, rules and regulations. Notwithstanding any other provision of
this Lease Agreement, Trade Fixtures, as defined in this Lease Agreement, installed by Lessee shall, at the
option of the Lessee, not become the property of the Lessor and, upon the termination of this Lease
Agreement, the Lessee may remove such Trade Fixtures and return the Premises in as close to original
condition as possible, reasonable wear and tear excepted. For purposes of this Lease Agreement, a Trade
Fixture is defined as personal property used by the Lessee in the conduct of its business and includes items
such as, but not limited to, shelves and reception counters.
14. Defa ,l . In the event that either party shall default in the performance of any material term, covenant, or
condition of this Lease Agreement, the party not in default may at its option terminate this Lease Agreement.
The party alleging default must provide written notice of said default, specifying the alleged default, and the
receiving party shall have fifteen (15) business days to cure or shall immediately provide written
documentation that it is proceeding to cure the default in an expedited manner (e.g., working overtime,
express delivery, etc.). Should Lessee be in default by surrendering occupancy of the Premises in some
manner violative of the terms of the Lease Agreement, Lessor may reenter the Premises without affecting its
right of recovery of accrued rent therefor; provided, however, the Lessor shall exercise due diligence to
mitigate any and all future losses of rent or damages that may result due to the failure of the Lessee to occupy
the Premises.
15. Sufficient Appropriation by I-eaislature_Req ,ire . It is understood and agreed that the Lessee is a
governmental entity, and this Lease Agreement shall in no way or manner be construed so as to bind or
obligate the State of Idaho beyond the term of any particular appropriation of funds by the State legislature as
may exist from time to time. The Lessee reserves the right to terminate this Lease Agreement if, in its
judgment, the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may
be required for Lessee to continue such lease payments. All future rights and liabilities of the Parties shall
thereupon cease within ten (10) days after the notice to the Lessor. It is understood and agreed that the lease
payments provided for in this Lease Agreement shall be paid from State legislative appropriations.
16. Assiqnm n h» I Pssee Right to Terminate Lease Agreement at Direction of Idaho Department of
AAdmlolstr ion. The parties to this Lease Agreement recognize and agree that Lessee, as an agency of the
State of Idaho, is subject to the direction of the Idaho Department of Administration pursuant to Title 67,
Chapter 57, Idaho Code, and, specifically, the right of that department to direct and require Lessee to remove
its operations from the Premises and relocate to other facilities owned or leased by the State of Idaho.
Accordingly, it is agreed that, upon the occurrence of such event, Lessee may terminate this Lease
Agreement at any time after a one-year period from the date of the commencement of the Lease Agreement
as determined under Paragraph 2, provided that Lessor is notified in writing ninety (90) days prior to the date
such termination is to be effective. Such action on the part of the Lessee will relieve the Lessee and the State
of Idaho of liability for any rental payments for periods after the specified date of termination or the actual date
of surrender of the Premises, if later. ,
Correction, Probation and Parole - Meridian- 4
___`........... .. ...
•L-1+)iA�lt�ltiRlRs'1'Illt�lvlYI7lYl�lylttl
uy�r �t�tl .Itt�J ttlltn 111�111�1t�tt1-1•�11�►I hl\alt[ l�t�l
17. Officials �Aaent and Pmplo_ .� s of Lessee Not Personally Liable, It is agreed by and between the
Parties that in no event shall any official, officer, employee or agent of the State of Idaho be in any way liable
or responsible for any covenant or agreement contained in this Lease Agreement, express or implied, nor for
any statement, representation or warranty made in or in any way connected with this Lease Agreement or the
Premises. In particular, and without limitation of the foregoing, no full-time or part-time agent or employee of
the State of Idaho shall have any personal liability or responsibility under this Lease Agreement, and the sole
responsibility and liability for the performance of this Lease Agreement and all of the provisions and covenants
contained in this Lease Agreement shall rest in and be vested with the State of Idaho.
18, Rplafinn of Parties' The Parties agree and acknowledge that neither shall be considered the
employer, agent, representative, or contractor of the other by reason of this Lease Agreement,
19, Notices, Any notice required to be served in accordance with the terms of this Lease Agreement shall be
sent by registered or certified mail. Any notice required to be sent by the Lessee shall be sent to the Lessor's
last known address at 33 East Idaho, Meriden, Idaho 83642 and any notice required to be sent by the
Lessor shall be sent to the address of the Premises and to the Lessee's address in Boise, i.e., P-0- Box
83Z20, 13o*Aa 'Idaho 82720-0018, A copy of any such notice shall also be sent to the Department of
Administration, Division of Public Works, Attn: Leasing Manager, Post Office Box 83720, Boise, ID 83720-
0072. In the event of a change of address by either Lessor or Lessee, the Parties agree to notify each other in
writing within ten (10) days of the date of any such change.
20, Insurance. The Lessor shall maintain an insurance policy (or policies) for the purpose of Insuring any
property and liability risks regarding the Premises. Any such policy obtained by the Lessor shall be at its sole
and absolute expense, and Lessee shall have no obligation to obtain or pay for such insurance. In the event
that the Lessee shall prepay rent in the manner set forth in this Lease Agreement, the insurance policy (or
policies) obtained and maintained by the Lessor shall identify the Lessee as a named insured under the terms
of the policy. Any such insurance policy shall further state that the Lessee shall be entitled to receive
insurance proceeds in the full amount of any prepaid rent prior to any distribution of insurance proceeds to the
Lessor or any other third party not having an insurable interest in the Premises. The Lessor shall provide the
Lessee with a copy of its insurance policy on or before the term this Lease Agreement commences. The
Lessee acknowledges that its personal property is subject to coverage in accordance with state law.
21, Terminatinn, This Lease Agreement shall automatically terminate at the end of its term unless otherwise
continued, terminated or renewed in accordance with the terms of this Lease Agreement.
22, Heirs and Ass_ians, The terms of this Lease Agreement shall apply to the heirs, executors, administrators,
successors and assigns of both the Lessor and the Lessee in like manner as to the original parties. An
assignment of this Lease Agreement by the Lessor must be approved by the prior written consent of the
Lessee, which consent shall not be unreasonably withheld.
23, Nonwn'yer, The failure of the Lessor or Lessee to insist upon strict performance of any of the covenants
and agreements of this Lease Agreement or to exercise any option contained in this Lease Agreement shall
not be construed as a waiver or relinquishment of any such covenant or agreement, but the same shall be and
will remain in full force and effect unless such waiver is evidenced by.the prior written consent of authorized
representatives of the Lessor and Lessee.
24 Modification, This Lease Agreement may be modified in any particular only by the prior written consent of
authorized representatives of the Lessor and Lessee. Anything else contained herein notwithstanding,
modifications to this Lease Agreement shall be of no.force and effect until approved in writing by the
Department of Administration, Division of Public Works,
25. Renewal, This Lease Agreement may be renewed by the written consent of the Lessor and Lessee
provided such consent is rendered sixty (60) days in advance of the expiration of the term of this Lease
Correction, Probation and Parole - Meridian- 5
Agreement. Notice of Lessor'Wer to renew shall be given by the L r one hundred twenty (120) days
prior to the expiration of this Lease Agreement, including any extension. Lessee will have thirty (30) days to
respond to Lessor's offer. If agreement is not reached by sixty (60) days prior to the expiration of the Lease
Agreement, Lessor may lease the Premises to another party, but not on more favorable terms than offered to
Lessee, without first giving Lessee ninety (90) days to accept or reject those new terms.
26. , Lessor agrees to comply promptly with all requirements of any legally
constituted public authority made necessary by any unknown or existing health hazard including, but not
limited to, such hazards which may exist due to the use or suspected use of asbestos or asbestos products in
the Premises. The Lessor warrants that it has inspected the Premises for health hazards, specifically for the
presence of asbestos, and the inspection has not detected asbestos, or if Lessor's inspection has revealed
asbestos, then Lessor warrants that it has been removed or been encapsulated in accordance with current
law and regulations. In the event that asbestos or another health hazard is discovered on the Premises, the
Lessor agrees to protect the Lessee and its employees and to take immediate corrective action to cure the
problem. It is agreed that, in the event the Lessee is unable to continue occupancy of the Premises due to the
presence of asbestos or any other health hazard, or because of any governmental, legislative, judicial or
administrative act, rule, decision or regulation, the Lease Agreement may be terminated by the Lessee upon
ten (10) days' written notice to the Lessor. Any asbestos abatement costs, and any other repair or renovation
costs associated with asbestos or other health hazard, as well as moving costs and consequential damages,
will be at the sole expense of the Lessor.
27. Non Discrimination. The Lessor hereby agrees to provide all services funded through or affected by this
Lease Agreement without discrimination on the basis of race, color, national origin, religion, sex, age,
physical/mental impairment, and to comply with all relevant sections of: Title VI of the Civil Rights Act of 1964,
as amended; Section 504 of the Rehabilitation Act of 1973, as amended; The Age Discrimination Act of 1975
and to comply with pertinent amendments to these acts made during the term of this Lease Agreement. The
Lessor further agrees to comply with all pertinent parts of federal rules and regulations implementing these
acts. The Lessor hereby agrees to provide equal employment opportunity and take affirmative action in
employment on the basis of race, color, national origin, religion, sex, age, physical/mental impairment, and
covered veteran status to the extent required by: Executive Order 11246; Section 503 of the Rehabilitation
Act of 1973, as amended; Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974
and to comply with all amendments to these acts and pertinent federal rules and regulation regarding these
acts during the term of the Lease Agreement.
28, ElandicapA cessihi i . Any space leased by the State of Idaho will meet or exceed standards for
handicap accessibility as set out in the American National Standards Institute A117-1, 1992; Americans With
Disabilities Act, Public Law 101-336 and applicable regulations; Uniform Building Code Chapter 11; and
federal regulations applicable to the occupying agency.
29. Executive Order 99-06, All buildings owned or maintained by any state government agency or entity, or
which are constructed or renovated specifically for use or occupancy by any such agency or entity shall
conform to all existing state codes, including but not restricted to, the Idaho General Safety and Health
Standards, the Uniform Building Code, the Uniform Mechanical Code and the Uniform l=ire Code. * If any
conflict arises between applicable codes, the more stringent code shall take precedence. Prior to construction
or remodeling of such buildings, where appropriate, construction plans shall be reviewed and approved by the
Division of Building Safety and the Permanent Building Fund Advisory Council.
30. Fx .. itivP Order 2001-04. Executive Order 2001-04 requires that long-term energy costs, including
seasonal and peaking demands upon the suppliers of energy, are to be a major consideration in the
construction of all state buildings and the execution of lease agreements. Special attention shall include
energy conservation considerations including: (i) Chapter 13 of the Uniform Building Code, 1997 Edition; (ii)
use of alternative energy sources; (iii) energy management systems and controls to include effective means to
monitor and maintain systems at optimal operations; (iv) "state-of-the-art" systems and equipment to conserve
energy economically.
31. Executive Quie 200=- . Executive Order 2000-01 requires that all state-owned or state -lease buildings,
Correction, Probation and Parole - Meridian- 6
Ashk
facilities or area occupied by so employees shall be designated as "n moking" except for custodial care
and full-time residential facilities. The policy governing custodial care and full-time residential facilities may be
determined by the directors of such facilities.
32. Mated The Parties agree and acknowledge that the representations and
acknowledgments made in this Lease Agreement are material and the Parties have relied upon them in
entering this Lease Agreement,
33, Severability. If any term or provision of this Lease Agreement is held by the courts to be illegal or in
conflict with any existing law, the validity of the remaining terms and provisions shall not be affected, and the
rights and obligations of the parties shall be continued and enforced as if the invalid term or provision were not
contained in this Lease Agreement.
34. . The Lessor warrants that it is lawfully possessed of the Premises and has good,
right and lawful authority to enter into this Lease Agreement and that the Lessor shall put the Lessee into
actual possession of the Premises at the commencement of the term of this Lease Agreement and shall
ensure to the Lessee the sole, peaceable, and uninterrupted use and occupancy of the Premises during the
full term of this Lease Agreement and any extension.
35, Complptp Statement of Ierms. No other understanding, whether oral or written, whether made prior to
or contemporaneously with this Lease Agreement, shall be deemed to enlarge, limit or otherwise affect the
operation of this Lease Agreement.
I TNESS WHEREOF, the Parties have executed this Lease Agreement as �%jfc o,, above.
.� �`��cst,IVleridian
STATE OF
n )ss. 1'0
COUNTY OF
�OUNT�
On this 2�- k day of2002, before me, the undersigned, a"Adi�ry�Pukhlicin and for said
State, personally appeared Q�he {k Q •Can�z $ n E. _ , , known or identified to me to be the person whose
name is subscribed to the foregoing instrument on behalf of City of Meridian as Lessor, and acknowledged to me that
he/she executed the same on behalf of the Lessor.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in - this
certificate first above written.
0-1 &yu
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0mmisslon en
a
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STATE OF
COUNTY OF
-fin — Z-$' -bb Residing at A c . a-1�0U��
±# LESSEE: Department of Correction, Probation and Parole
Ik On this "'l -do o "''° do `r2t�t3�, before me, the undersigned, a Notary Public In and for said
State, personally appea • .u�l� u� , known or identified to me to be the person whose
name Is subscribed to the foregoing instrument on behalf of Dapartwpat of Correction, pronation and Parole as Lessee,
and acknowledged to me that he/she executed the same on behalf of the Lessee.
Correction, Probation and Parole - Meridian- 7
A11111k Amb,
IN WITNESS WHEREOPWave hereunto set my hand and affixed .. fficial seal the day and year in this
certificate first above written.
Commission expires on
APPROVED BY:
a
Residing at VI ,
d . Wildhagen, State Leasing Manager Date
Division of Public Works, Department of Administration
Correction, Probation and Parole - Meridian- 8
EXHIBIT A
THE PREMISES
Correction, Probation and Parole - Meridian- 9
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-State Idaho
Department of Administration
Division of Public Works
502 N. 4th Street
PO Box 83720
Boise ID 83720-0072
Phone 208-332-1900 FAX 334-4031
DATE: June 213 2002
Re: Department of Correction,
Probation and Parole Meridian
TO: City of Meridian
CC: Henry Atencio
Attn. Stacy Kilcheumann
33 East Idaho
Meridian, Idaho 83642
Department of Correction,
Probation and Parole
=W/ ENCLOSURES
FROM:
Linda S. Wildhagen, State Leasing Manager 208-332-1929
ENCLOSED PLEASE FIND:
Copies Description
3 Lease Agreements
Please have the leases signed and notarized by City of Meridian
Please attach floor plan to lease as Exhibit A
Please have the leases signed and notarized by Department of Correction, Probation and Parole
Please amend and return
Please review and affix comments
These are for your files
Other: Please iris rt street numher of premises in paragraph 1 of the lease.
Return _ copies to: Lessor @ 13 Fast Idaho, Meridian, Id a3fL4
Return _ copies to: Lessee @P -Q- Box 83720., Boise., Tdaho 91720-0018
Return 3 copies to: Division of Public Works, Attn: State Leasing Manager
Correction, Probation and Parole - Meridian -10
LEASE CHECKLIST
NEW LEASE LEASE RENEWAL LEASE MODIFICATION DEAD LEASE
LEASE LIST INFORMATION:
REPLACES LEASE @
AGENCY' ❑apartment of Correction, 2cohation an Eamjp,
TYPE OF SPACE: _AGENCY—DEPT OF LANDS _,,,RESID _STATE OWNED _WAREHSE _LIQUOR —MISC _TEMP
ADDRESS' Fast Watertow -r Str . _t, Mpddian Idaho 83642 CITY: MpHdian
LESSOR: City of Meridian ADDRESS: 33 Fast I abap eddian, Idaho
ORIGINAL LSE DATE: ENDING LSE DATE: duaeri0_M AMEND DATE:
ESCALATION DATE: ESCALATION $:
SQ. FT.: aM BASE RENTNR: $3,10n 00$ISQ FT: $11.00 EXCLUSIONS: _A „BASE YR _...,E _J _TI _.0
COMMENTS:
LINK TO:
PERMANENT BLDG FUND LEASE LETTER:
__ 11 n0 (1ST YR) COST PER SQ FT (EFFECTIVE) COST IF FULL SERVICE
$3,300 OOCOST PER YR ESCALATIONS:
TYPE OF SPACE: _AGENCY_DEPT OF LANDS _RESID _STATE OWNED _WAREHSE LIQUOR _MISC .TEMP
TYPE OF LEASE: FULL SERVICE EXCLUDES: ELEC UTILITIES JANITORIAL NNN WAREHSE RETAIL
LAND LSE RESIDENTIAL OTHER,
COST RATIO LENGTH OF LEASE:
PREV RATE: INCR FROM FORMER LSE:
nTNFR r.0hAhAFNTS;:np Ppp I FASF I FTTR'R-
MISCELLANEOUS LEASE INFORMATION:
LEASE/PURCHASE ANALYSIS REVIEWED; —NNN COST RATIO ____BREAKEVEN YR
FACILITY QUESTIONNAIRE REC'D? 5 YR FACILITY PLAN:
RENT DISCOUNT: FTE: SQ FT/FTE:
INCREASES IN RASE RENT; ADD'L RENT F{ R 02ERATINC; I=XPE&UL:
YEAR $ OR % OPERATING EXPENSES
BASE YR:
CAPS:
TAXES:
INSUR:
CAM:
CAM:
AMORTIZED TENANT FINISH:
OPTIONS TO RENEW:
OTHER OPTIONS (CANCEL, PURCHASE, EXPAND, ETC.):
SPECIAL COMMENTS/ISSUES'
Correction, Probation and Parole - Meridian -11
1
July 1, 2003 Lease Amendment
J U L, -t- 8 2003 LEASE M NT
ILIBLIC WOFTM LEASE AMENDMENT, made and entered into this S¢/ day of c%Gt;1003, by and
between City "erldian, 33 East Idaho %reet, Meridian. ID 03642 ,(hereinafter referred to
as "Lessor') and the STATE OF IDAHO, by and through the Department of Correction,
Probation and Parole (hereinafter referred to as "Lessee"), is an amendment of the original
LEASE AGREEMENT FOR SPACE between the LESSOR and the LESSEE entered into on, for
space located at Room 103 in 1401 East Watertower Street, Meridian, Idaho.
WITNESSETH
WHEREAS, the parties desire to amend the LEASE AGREEMENT FOR SPACE and;
WHEREAS, the LESSEE is legally authorized to enter in this amendment by power granted by Title
57, Chapter 67 of Idaho Code, with the approval of the Department of Administration and;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Lease Agreement
for Space is hereby amended as follows:
1. Term of Lease Agreement. The term of this Lease Agreement shall be extended for a term
of 12 months and shall end at midnight on June 30, 2004. The Lessee may, at the expiration
of the term of this Lease Agreement and without the necessity of renewing said Lease
Agreement, continue in its occupancy of the Premises on a month to month basis upon the
terms and conditions set forth in this Lease Agreement for a period not to exceed one (1) year.
The Lessor may terminate the Lessee's month to month occupancy upon ninety (90) days'
prior written notice to the Lessee.
No Additional Provisions. The parties agree that all provisions of the original Lease Agreement
For Space dated and all previous agreements, unless specifically hereby amended, shall
remain in force during the period covered by the Lease Amendment. No other understanding,
whether oral or written, whether made prior to or contemporaneously with this Lease
Amendment, shall be deemed to enlarge, limit or otherwise affect the operation of the Lease
Agreement For Space or this Lease Amendment,
IN WITNESS WHEREOF, the parties hereto have executed this Lease Amendment the
day and year first above written.
LESSOR: City of Meridian
M
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Correction, Probation & Parole amendment 2003-1
William G. Berg, Jr. — dfty Clerk
STATE OF IDAHO )
)ss.
COUNTY OF ADA )
On this Thd day of.1, 2003, before me, the undersigned, a Notary Public in
and for said State, personally appeared Robert D. Corrie and William G. Berg, Jr., known or
identified to me to be the Mayor and City Clerk respectively and having subscribed to the
foregoing instrument on behalf of City of Meridian, as Lessor, and acknowledges to me that
he/she executed the same on behalf of the Lessor.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first aboyt. ®®
yt ; Residing At: Adm .(� � Jofah"
Commission Expires: -2g-a
f ,
LESSEE: Department of CorrectIl"'Q 1M.4 Tand Parole
a
STATE OF IDAHO )
)ss.
COUNTY OF ADA )
On this 2�blay of 003, before me, the undersigned, a Notary Public in
and for said State, personally appea , known or identified to me to be
the person whose name is subscribed to the for going instrument on behalf of Department of
Correction Probation and Parole, as Lessee, and acknowledges to me %%halo executed
the same on behalf of the Lessee. �•� GSA D. Spy#""
`®'� ��Y®apvNa®.•o�0 d0`Jo
IN WITNESS WHEREOF, I have hereunto set my hand and a3`f,kgd��the
d ear in this certificate first ae written.
o
•oaoo•
Co mission expires on `) Residing at
°+araaaaoa�
APP OVE BY:
da Miller, Leasing Manager Date
Division of Public Works, Department of Administration
Correction, Probation & Parole amendment 2003- 2
1
July 24, 2007 Second Lease Amendment
THIS LEASE AMENDMENT, made and entered into this day of
2007, by and between Citv of Meridian 33 East Idaho Street, Meridian, ID 83642,
(hereinafter referred to as "LESSOR") and the STATE OF IDAHO, by and through the
Department of Correction (hereinafter referred to as "LESSEE"), is a second
amendment to the original LEASE AGREEMENT FOR SPACE between the LESSOR
and the LESSEE entered into on June 24, 2002, for space located at Room 103 in 1401
East Watertower Street, Meridian., Idaho,
WITNESSETH
WHEREAS, the LESSEE has been leasing from LESSOR Room 103 in 1401
East Watertower Street, Meridian Idaho on a month to month basis since June 30, 2004)
the date of the end of the contract tern as set forth in the LEASE AMENDMENT to the
LEASE AGREEMENT FOR SPACE; and
WHEREAS, the parties desire to amend the LEASE AGREEMENT FOR
SPACE; and
WHEREAS, the LESSEE is legally authorized to enter into this amendment by
power granted by Title 57, Chapter 67 of Idaho Code, with the approval of the
Department of Administration;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the
LEASE AGREEMENT FOR SPACE is hereby amended as follows.
Term of Lease Agreement. The term of the LEASE AGREEMENT FOR SPACE as
amended by the LEASE AMENDMENT shall be extended and, as time is of the essence,
shall end at midnight on June 30, 2010. The Parties agree that this Lease Agreement is
subject to the termination, expiration, and renewal rights set forth in the LEASE
AGREEMENT FOR SPACE. The Lessee may, at the expiration of the term of this Lease
Agreement and without the necessity of renewing said Lease Agreement, continue in its
occupancy of the Premises on a month to month basis upon the terms and conditions set
forth in this Lease Agreement for a period not to exceed one (1) year. The Lessor may
terminate the Lessee's month to month occupancy upon ninety (90) days' prior written
notice to the Lessee.
No Additional Provisions. The parties agree that all provisions of the original LEASE
AGREEMENT FOR SPACE dated June 24, 2002 and all previous agreements, unless
specifically hereby amended, shall remain in force during the period covered by the
Lease Amendment. No other understanding, whether oral or written, whether made prior
to or contemporaneously with this Lease Amendment, shall be deemed to enlarge, limit
or otherwise affect the operation of the LEASE AGREEMENT FOR SPACE or this
SECOND LEASE ANIENDMENT,
SECOND LEASEAM, ENDMENT to LEASEAGREEMENT FOR SPACE —Page I of Z'-_ " ' ' ' '
IN WITNESS WHEREOF, the parties hereto have executed this SECOND
LEASE AMENDMENT to the LEASE AGREEMENT FOR SPACE the day and year
first above written,
STATE OF IDAHO )
)ss.
COUNTY of ADA )
Date
On this day of 2007, before me the unde igned, a
Notary Public in and for the State of Ida o, personally appeared
known or identified to me to be the person whose name is subscribed to the
foregoing instrument on behalf of the Department of Correction, as Lessee, and
acknowledges to me that he/she executed the same on behalf of the Lessee.
IN WITNESS
seal the day and yeap!
4%;.....• 16—t
TA�J` 4
1.�G
ti•. O
OP lV r
APPROVED BY:
, I have hereunto set my hand and affixed my official
tate first above written.
i
COotary Public
at: (_.
ion expires: 03-eyl&lo
T
I.e
`-Lifi a filler, Leasing Manager, Division of Public Works, Department of Administration
LESSOR: City of Meridian
n'I \`\\ ,,I1it
,rrrr,
BY: Tammy de rd .�`` 0--
Mayor, City of Wridian
Attest:
LSIE
I
William G. Berg, 7r.ti
City Clerk ,,�
SECOND LEASE AMENDMEIV7 to LE4SEEAGREE1V,iENT FOR SPACE -Page 2 of 2
E x h'I'b'10 t t
July 6, 2010 Third Lease Amendment
Thus LEASE NT is made and entered into this day of mm' 2010, by and between the
City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("Lessor") and the State of
Idaho, by and through the Department of Correction ("Lessee"). (Lessor and Lessee may hereinafter be collectively
referred to as "Parties.')
WHEREAS, the Parties seek by this amendment to extend the term of the original Lease Agreement for Space
entered into by Lessor and Lessee, on June 24, 2002, for space located at Room 103 in 1401 East Watertower Street,
Meridian, Idaho ("Premises', as modified by the July 1, 2003 Lease Amendment and the July 24, 2007 Second Lease
Amendment, copies of which instruments are attached hereto as Exhibit A;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows:
TERM OF LEASE AGREEMENT EXTENDED. The term, of the June 24, 2002 Lease Agreement for Space, as
amended by the July 1, 2003 Lease Amendment and the July 24, 2007 Second Lease Amendment, shall be extended for a
term of three (3) years, and, as time is of the essence, shall end at midnight on June 30, 2013, The Lessee may, at the
expiration of the term of this Third Lease Amendment, and without the necessity of renewing said Lease Agreement,
continue in its occupancy of the Premises on a month-to-month basis upon the terms and conditions set forth in the June
24, 2002 Lease Agreement for Space, for a period not to exceed one (1) year. The Lessor may terminate the Lessee's
month-to-month occupancy upon ninety (90) days' prior written notice to the Lessee.
NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this Third Lease
Amendment, all provisions of the original June 24, 2002 Lease Agreement for Space shall remain in full force and effect.
No other understanding, whether oral or written, whether made prior to or contemporaneously with this Third Lease
Amendment, shall be deemed to enlarge, limit or otherwise affect the operation of the June 24, 2002 Lease Agreement for
Space or this amendment thereto.
2010. IN WITNESS WHEREOF, the Parties have executed this Third Lease Amendment on this C� day of July,
LESSEE:
gATE OFFl�li lid— 1
COUNTY OF )ss. _�>L`Z.
I HEREBY CERTIFY that on this -77 1� day of mil 19 g, , 2010, before the undersi �
State Of Idaho, personally appeared Brent Reinke, known to me to be the person who executed the said ' s�trument, and acknowledgin ed
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
written seal the day and year in this certificate fust above
one on - Notary Public
Residd, g at
erne
•
11 r, Leasing Manager � nth �i'lt� Department of Administration ®'® ®®®1�OTAR j. �s ,
Oa��T 'Y ''
OFMERIDIAN: Fo ®* _ •'
A U B LAG ®•
SEAL ••
de a Mayor '9 !/�• .o,,4•roFei
,6 rA, s� .Z Jayce olman, City Clerk
/���/lllllllllllltl\\\
DATE: JanuarV 2, 2013 ITEM NUMBER: 5W
"331AM
Resolution No. 1S - 9 Q3 : A Resolution Donating Certain Equipment to the
Jordan Valley Ambulance District
IT11=141 re -JIM
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN RESOLUTION NO. n — 9
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE
SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF
MERIDIAN TO DONATE EQUIPMENT TO THE JORDAN VALLEY AMBULANCE
DISTRICT, JORDON VALLEY, IDAHO.
WHEREAS, it is in the best interest of the City of Meridian to declare that certain
equipment as attached in Exhibit "A" as surplus as these particular items are no longer needed or
used by the City of Meridian;
WHEREAS, the City of Meridian's purchasing policy and Idaho Code section 50-301
allows surplus City property to be transferred to another local government when the value of the
property in question is of nominal value, that is, valued at less than the cost of disposing of the
property;
WHEREAS, the cost of maintaining the equipment listed herein until it were sold, if it
could be sold, exceeds its value to the City of Meridian and would result in the unnecessary
expenditure of City funds; and
WHEREAS, the City of Meridian desires to donate the equipment listed herein as
Exhibit "A" to the Jordan Valley Ambulance District, Jordan Valley, Idaho, another local
government agency.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS:
Section 1. That the Mayor and City Council hereby authorize and declare that certain
equipment attached hereto as Exhibit "A" is surplus property.
Section 2. That the Mayor and City Council hereby authorize the conveyance of the
equipment listed hereinabove, for no monetary consideration, to the Jordan Valley Ambulance
District, Jordan Valley, Idaho.
RESOLUTION AUTHORIZING DONATION OF SURPLUS EQUIPMENT TO JORDAN VALLEY AMBULANCE - 1 of 2
ADOPTED by the City Council of the City of Meridian, Idaho, this day of January,
2013.
APPROVED b the Mayor of the Cit of Meridian Idaho this da of Januar
Y Y Y Y Y,
2013.
ATTEST:
RA
APPROVED:
Jaycee L.41olman, City Clerk ` ` �
SEAL.
Lr6R °� 1Ee TAE P5�40
RESOLUTION AUTHORIZING DONATION OF SURPLUS EQUIPMENT TO JORDAN VALLEY AMBULANCE - 2 of 2
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DATE: January 2, 2013 IT : 6A
PROJECTNUMBER:
ITEM TITLE:
City Council: Election of New City Council Officers
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lZill"I'llpall I . •
DATE: January 2, 2013 ITEM NUMBER: 7
Items Moved From Consent Agenda
�-/h- (YO
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DATE: January 2, 2013 ITEM NUMBER: 8A
9 �
Public Hearing: Proposed Right of Way Property Disposition for 15 W. Broadway to Ada
County Highway District by the City of Meridian
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NOTICE OF PUBLIC HEARING
NOTICE IS HERBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho,
at the hour of 7:00 p.m. on Wednesday, January 2"d, 2013, for the purpose of reviewing
and considering a proposed disposition of real property, a portion of Ada County Parcel
No. R0406000005 located at 15 W. Broadway Avenue, in the City of Meridian. The
proposed transaction would convey certain real property to the Ada County Highway
District without compensation for right-of-way purposes to widen N. Meridian Road.
For further information, please contact the City Clerics Office at 888-4433.
DATED this 10th day of December, 2012.
Publish Date: 17th of December, 2012
AUL �
Jaycee L.'Iolman, Cif Cl rl -q City of
E IDIS lAN
IDAHO
FBF
SEAL
A �v
dp�R °� eke TAE
illillrsd Affil i I
CITY COUNCIL
,UBLIC HEARING SIGN-UP SHEET
'WATE January 2, 2013
I;J Z1031 ANd"IA-TAI-A-il
•
PROJECT NAME 15 W. Broadway Right of Way Property Disposition
PLEASE PRINT NAME FOR AGAINST NEUTRAL
,77�777 r7j 7-7-7-77,
Ordinance No. , 1 : Authorizing the Conveyance of Real Property to
Ada County Highway District (ACHD) for Right of Way Purposes
MEETING NOTES
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CITY OF MERIDIAN ORDINANCE NO. f — /537
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY
OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT
LOCATED AT 15 W. BROADWAY AVENUE, A PORTION OF ADA COUNTY
PARCEL NUMBER R0406000005 LOCATED IN THE SE '/4 OF SECTION 12,
TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY
IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND
ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE PURCHASE
AGREEMENT, DEED AND OTHER DOCUMENTS NECESSARY TO
COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory
authority to sell, exchange, or convey any real property owned by the city which is
underutilized or which is not used for city public purposes; and,
WHEREAS, when it is determined by the City Council to be in the City's best
interest, the Council may by Ordinance duly enacted, authorize the transfer or
conveyance of the real property to any tax supported governmental entity without
compensation; and,
WHEREAS, the proposed transaction would convey approximately 1,125 square
feet of real property to the Ada County Highway District for right-of-way purposes along
with a Temporary Construction Easement; and,
WHEREAS, a public hearing was held at a meeting of the Meridian City Council
on January 2, 2013 and at the conclusion of said hearing, the City Council moved to
approve the conveyance, subject to certain terms and conditions, and directed staff to
bring forth this Ordinance authorizing the conveyance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That a public hearing on the proposed conveyance was held at the
January 2, 2013 meeting of the Meridian City Council.
Section 2. That the City Council determined after the public hearing that the
proposed conveyance is in the City's best interest and that the property is currently
underutilized and should be transferred without compensation.
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 2
Section 3. That the City Council has reviewed and approved the Warranty Deed
attached hereto and incorporated herein.
Section 4. That the Mayor and City Clerk shall be authorized to execute and attest
the Purchase Agreement, Deed, Temporary Construction Easement, and any other
documents necessary to complete the conveyance authorized by this Ordinance.
Section 5. 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 if�day
of s .; , 2013.
D the Mayor of the Ci of Meridian Idaho this da of
APPROVE by y City y
1
2013.
APPROVED:
_ MAY
�RATF;o AUCL's
ATTEST:
w
City of
{ X11 1 IDA}10
SEAL
�5e TRG;�5�4�
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 2
DATE: January 2, 2013 ITEM NUMBER: •
ITEM TITLE: Karmelle
Public Hearing: PP 12-014 Karmelle by Providence Management, LLC Located East of
S. Eagle Road and South of E. Victory Road Request: Preliminary Plat Approval of 43
Residential Lots and 12 Common Lots on 16.13 Acres in an R-4 Zoning District
MEETING NOTES
L W-, ARM" , 0
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CITY
COUNCIL
d \ \\
PUBLIC« I *`;¥ SHEET
DATE E \ 7 2 2 7 »§ 2, 2013 ° w
lu!A,Fzll
PLEASE PRINT NAME FOR AGAINST NEUTRAL
ITEM TITLE: Locust Grove Water Reservoir #2
Public Hearing: AZ 12-013 Locust Grove Water Reservoir #2 by City of Meridian Public
Works Department Located at East Side of S. Locust Grove Road, Approximately 1/4
Mile South of E. Victory Road Request: Annexation and Zoning of Four (4) Acres of
Land with an R-4 Zoning District District
MEETING NOTES
i
�s
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DATE: January 2, 2013 ITEM
NUMBER:
LocustJEM TITLE: Grove
Public Hearing: CUP 12-017 Locust Grove Water Reservoir #2 by City of Meridian Public
Works Department Located East Side of S. Locust Grove Road, Approximately 114 Mile
South of E. Victory Road Request: Conditional Use Permit Approval for Public
Infrastructure in a Proposed R-4 Zoning District, Consisting of Two (2) Million Gallon
Municipal Water Storage Facility
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DATE: January 2, 2013 ITEM NUMBER: 9A
INTIA-11M
Police Department: Budget Amendment for Victim Witness Donation
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_ NUMBER:
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