2013-04-23EIDIAN��,-
• O 1 11
David ZarembaBrad Hoaglun
® Charlie Rountree X Keith Bird
Mayor Tammy de Weerd
• • • - • 1,- • 1 • ill ill
111111 • •
• • • - • mlll illu
1 • - • •
E. CableONE Movie• - • 21 • •ht Sponsorship
Agreement Between Idaho Central Credit Union and the City of Meridian for
Not -to -Exceed Amountof 111
F. • -•1 qT• i1ight in Meridian1 • • Sponsorship
Agreement Between - •ian Library District and the City of - • for
Not -to -Exceed a of $350.00
G. Meridian Teen Movie Night 2013• • •• • rAgreement
Between Meridian Library District and the City of Meridian for a Not -to-
--• Amount of $350.00
H. Approval of •ntract Change Order No. I to the Existing Agreement for
"Well 16 Abandonment" to McLeran Well Drilling, LLC for the Not -To-
-• Amount of $26,090.00
Meridian City Council Meeting Agenda — Tuesday, April 23, 2013 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Life Church Recreational Pathway Easemer�
'I'lrater Main Easement with Cedar Springs Neighborhood Association, Inc.
for Mulberry Subdivision
K. Approve Easements with Various Owners for Sanitary Sewer and Water
Mains to Properties as Part of the Ada County Highway District (ACHD)
Franklin - Ten Mile to Linder Project
Parcel No. Property Owner Easement Type
Parcel 1, Franklin & Ten Mile, LLC Sewer/Water Main
Parcel 16, No. I SCS Brighton, LLC Sewer/Water Main
Parcel 16, No. 2 SCS Brighton, LLC Sewer/Water Main
Parcel 17 Steven C. Smith & Brighton Inv., LLC Water Main
11 57117 M -11T 7111,M11
A. Public Hearing Continued from April 16, 2013: VAR 13-001 Knightsk
Estates by Iron Mountain Real Estate, Inc. Located on the Northwest Corn
of Chinden Boulevard and N. Linder Road Request: Right-In/Right-O
Access Point to State Highway 20/26 (Chinden Boulevard) Approved I
B. Public Hearing: AZ 13-004 Thompson Farm by R. Orville & Heidi Thompso
Located at 975 S. Locust Grove Road Request: Annexation and Zoning
2.38 Acres of Land with a C -C (Community Business) R-2 Zoning Distri
Approved I
C. Public Hearing: PP 13-005 Oak Leaf Subdivision by Oak Leaf Developme
Company, Inc. Located North of Chinden Boulevard and Approximately -
1/4 Mile East of N. Black Cat Road Request: Preliminary Plat Consisting
Four (4) Single Family Lots and Two (2) Common Lots on Approximatel
11,
10.10 Acres in an R-2 and R-8 Zoning Districts Approved I
D. Public Hearing: AZ 13-002 Heron Ridge Estates Subdivision by Mason and
Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis
Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request:
Meridian City Council Meeting Agenda — Tuesday, April 23.2013 Page 2of4
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.
Annexation of 10.10 acres of Land from RUT and R-1 in Ada County to the
R-2 (Low -Density Residential) Zoning District Approved
Public Hearing: PP 13-006 Heron Ridge Estates Subdivision by Mason and
Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis
Canal and Approximately a 112 Mile East of N. Black Cat Road Request:
Preliminary Plat Approval Consisting of Sixteen (16) and Single Family
Residential Lots and Five (5) Common Lots on Approximately 9.76 Acres in
a Proposed R-2 Zoning District Approved
Public Hearing: ZOA 13-001 Unified Development Code (UDC) Text
Amendment by City of Meridian Community Development Department
Request: Text Amendment to Certain Sections of the UDC Pertaining to
Block Length, Multi -Family Parking, Storage Facilities, Bicycle Parking
Facilities, Street Knuckles and Other Miscellaneous Clean -Up Items
Approved
9. Department Reports
A. Mayor's Office: Resolution No. 13-920: Appointing Brian Schreiner to Se
4 of the Meridian Arts Commission Approved
C. Resolution No. 13-921: A Resolution Authorizing the Donation of
Household Items to the Idaho Youth Ranch Approved
D. Parks and Recreation Department: Fiscal Year 2013 Budget Amendment
Regarding Generations Plaza Water Feature Remodel for a Not -to -Exceed
Amount of $14,500.00 Approved
Community Development: Discussion Regarding Placement of Final Plats
on the City Council Agenda
H. Mayor's Office: State of the City Budget Amendment for the Not -to -Exceed
Amount of $12,455.00 Approved
1. rIllayor's Office: MYAC Community Events and Travel Amendment for thZ
Not -to -Exceed Amount of $11,750.00 Approved
Meridian City Council Meeting Agenda — Tuesday, April 23.2013 Page 3nf4
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,
A. Third Reading of Ordinance No. 13-1549: Large -Scale Special Events
Update to Temporary Use Code Approved
-1551: An Ordinance
Second and Third Reading of Ordinance No. 13
Amending Title 4, Public Health & Safety, Chapter 1, Sanitary Service
System, of the Meridian City Code, for the purpose of including Definitions
for Commercial Recycler, Commingled Recyclable Material(s), and Source -
Separated Recyclable Material(s) in 4-1-3; and to add "Or Commercial
Recycler" to 4-1-10 H. And to Add a New 4-1-11 Commercial Recycling
Exemption; and Re -assign the existing Section 4-1-11 Nuisance Declared to
Section 4-1-12; and Re -Assign the existing Section 4-1-12 Penalty to
Section 4-1-13; and Providing an Effective Date Approved
C. Ordinance No. 13-1553: An Ordinance Amending Title 2, Boards and
Commissions, Chapter 7, Board of Adjustment of the Meridian City Code,
Section 6, Hearing Procedures, for the Purpose of Amending 2-7-613 to Add
a New Thirty (30) Day Filing Deadline to Submit a Request for Hearing
before the Board of Adjustment from the Dated Notice of an Administrative
Denial of a Request for a Billing Adjustment; and Amending 2-7-6C to Add
that the City Clerk has Authority to Schedule a Hearing on an Alternative
Date from the Regular Scheduled Hearing Date and Time for Board of
Adjustment, Provided the Hearing is Scheduled Not Later Than Twenty -
Eight (28) Days From the Next Regularly Scheduled Meeting; and Providing
an Effective Date Approved
D. Ordinance No. .13-1554: An Ordinance (Legacy Church RZ 13-001) for the
Re -zone of the south 55 -feet of Lot 15, Lot 17, a portion of Lots 16 and 18,
Block 1 of Wilson Addition to Meridian, as shown in Book 12 'of Plat at Page
708 records of Ada County, Idaho; a portion of Lots 1-4, Lots 5-8 of Block 4
of Nidays Second Addition to Meridian as shown in Book 11 of Plats at
Page 594 records of Ada county, Idaho and adjoining right-of-ways. Situate
in the northeast quarter of the northeast quarter of Section 12, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho Approved
MoridianCityCoumci|MeeUngAgenda—Tuenduy April 23.2O13 Page 4of4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City CouncilApril 231
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, April
23, 2013, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith
Bird, and Brad Hoaglun.
Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Bill Parsons,
Kyle Radek, John Overton, Perry Palmer, Mollie Mangerich, Max Jensen and Dean
Willis.
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Good evening. I will go ahead and start tonight's meeting. First I would like
to welcome you to our City Council meeting. For the record it is Tuesday, April 23rd.
It's 7:00 p.m. We will start with roll call attendance, Madam Clerk.
De Weerd: Item No. 2 is our Pledge of Allegiance. And we are going to be led and
instructed by Dillon Chainer and he is with Boy Scout Troop No. 1. So, I will ask Dillon
to come forward and lead us in this next item.
(Pledge of Allegiance recited.)
De Weerd: I would like to thank Troop 1 for joining me earlier in the art gallery for a
discussion prior to this City Council meeting and appreciate you all coming down this
evening and for your interest in our City Council and city form of government. So, have
a good evening. Thank you.
De Weerd: Item No. 3 is our community invocation. Tonight we will be led Arthur
Clemmons with the MGT Legacy Church. If you will all join us in the community
invocation or take this as a moment of reflection. Thank you for joining us.
Clemmons: Father in Heaven, we thank you for these councilmen and the Mayor. We
thank you for the wisdom that they have, because they wouldn't be in this position if
they didn't have that kind of wisdom. But we pray tonight as they face the different
Meridian City Council
April 23, 2013
Page 2 of 57
challenges and different items that they might have, that you would give them
supernatural wisdom from above and help them to have patience with those who might
not agree with them and may this be a wonderful time led by you, in Jesus' name,
amen.
De Weerd: Mr. Clemmons, if I -- if I could, please, offer you a City of Meridian pin.
Clemmons: I have one.
De Weerd: Well, good.
Clemmons: Want me to have two?
De Weerd: I just wanted to thank you for leading us.
Clemmons: You're welcome.
"-;tem 4: Adoption of the Agenda
De Weerd: Isn't that nice, saving us some money there. Item No. 4 is adoption of the
agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple items to put onto the agenda this evening. Under our Consent
Agenda, 5-L, we want to add a Legal Department budget amendment for that part there.
Under 9-A, that Resolution No. is 13-920. 9-C is Resolution No 13-921. Under
Ordinances 10-C is Ordinance No. 13-1553 and 10-D is Ordinance No. 13-1554. With
that, Madam Mayor, I move adoption of the agenda as amended.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approve Minutes of April 2, 2013 City Council PreCouncil
Meeting
Meridian City Council
April 23, 2013
Page 3 of 57
C. Approve Minutes of April 9, 2013 City Council PreCouncil
Meeting
D. Approve Minutes of April 9, 2013 City Council Workshop
Meeting
CableONE Movie Night in Meridian 2013 Single -Night
Sponsorship Agreement Between Idaho Central Credit Union
and the City of Meridian for a Not -to -Exceed Amount of
$350.00
F. CableONE Movie Night in Meridian 2013 Single -Night
Sponsorship Agreement Between Meridian Library District and
the City of Meridian for a Not -to -Exceed Amount of $350.00
G. Meridian Teen Movie Night 2013 Single -Night Sponsorship
Agreement Between Meridian Library District and the City of
Meridian for a Not -to -Exceed Amount of $350.00
H. Approval of Contract Change Order No. 1 to the Existing
Agreement for "Well 16 Abandonment" to McLeran Well
Drilling, LLC for the Not -To -Exceed Amount of $26,090.00
J. Water Main Easement with Cedar Springs Neighborhoolf
Association, Inc. for Mulberry Subdivision
"K. Approve Easements with Various Owners for Sanitary Sewe-
and Water Mains to Properties as Part of the Ada County
Highway District (ACHD) Franklin - Ten Mile to Linder Projei,
Parcel No. Property Owner Easement Type
Parcel 1, Franklin & Ten Mile, LLC Sewer/Water Main
Parcel 16, No. I SCS Brighton, LLC Sewer/Water Main
Parcel 16, No. 2 SCS Brighton, LLC Sewer/Water Main
Parcel 17 Steven C. Smith & Brighton Inv., LLG Water Main
Amended onto the agenda: Legal Department Budget
Amendment
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian City Council
April 23, 2013
Page 4 of 57
Hoaglun: As has been mentioned on the Consent Agenda we are adding Item 5 -Let a
Legal Department budget amendment. I move approval of the agenda Cons
Agenda and the Mayor to sign and Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as amended.
Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item Community Items/Presentations
A. Meridian EnvironmentalAwards Presentatiol
De Weerd: Item No. 6 is under Community Presentations and I will ask Mollie to take
the mike and do these presentations for us.
Mangerich: Thank you very much. I'm going to turn this around if I may.
De Weerd: Yes.
Mangerich: Good evening, everyone. My name is Mollie Mangerich. I'm with the City
of Meridian and proud to be their environmental programs manager and part of my job
is the joy of tonight's presentation of our city environmental excellence awards to
significant few within our community for the reasons that I will be showing and telling
you about in just a moment. Madam Mayor, will you be available to distribute the
awards this evening? Thank you for being -- and thank you. Our awards are over here
this evening.
De Weerd: Sorry, I usually don't have jeans on.
Mangerich: So, these awards are looking back into our calendar year of 2012 and
what's interesting is the candidates came forward and arose is that there seems to be
theme that connects them all and it was a very unique partnership and I'm really proud
that this evening's contributors have engaged in some very special partnerships within
our community that have provided great value to our community. Madam Mayor an
Council Members, our first award of the evening goes to our Meridian Police
Department's community services division for their very important and very popular
pharmaceutical drop off program. A bit of history. Meridians pharmaceutical drop off
program became a reality clear back in 2009 and this was due to the leadership of our
Meridian City Council
April 23, 2013
Page 5 of 57
Meridian Police Department, our community services division, the Mayor's anti-drug
coalition, and a lot of meetings that they held with Idaho DEQ, Idaho Public Health
Association, and including our pharmacy program at the Meridian campus of the Idaho
State University. You know, the common theme amongst all these stakeholders was to
provide a safe and easy way to dispose of -- excuse me -- unused prescription drugs.
Lieutenant John Overton and the Mayor's Youth -- or the Mayor's Anti-drug Coalition
found that the statistics as they are today extremely alarming. Everyday more than
2,000 kids between the ages of 12 and 17 are trying painkillers nonmedically to get high
and as of today our Meridian Police Department offers free anonymous convenient
disposal for these unused medications that lie around in our house and we take them at
our Police Department Monday through Friday 8:00 to 5:00, no questions, anonymous,
free, convenient. It's fabulous. I really applaud you and the partners and their efforts.
Now, on the environmental side, from my perspective, we wanted to provide and insure
and encourage that there was a safer disposal method, as opposed to improper
disposal of just flushing down the toilet and entering our surface waters where we are
finding scientific studies of pharmaceuticals and chemicals in our surface waters and
who knows what the future brings. So, a diversion program of this enormity are
potentially wonderful for us. So, with that I would like to proudly say that our Meridian
Police Department to date has accepted over 5,000 pounds -- is that correct?
Overton: Six thousand by this weekend.
Mangerich: Holly cow. Six thousand pounds in pills and medications through your
efforts, your team and your partnership with our community. With that our Mayor would
like to present to you and your group the Meridian Environmental Excellence Award.
think Natalie is going to be taking pictures.
(Pictures taken.)
Mangerich: Our second award goes to a very special group who has just started doing
a wonderful activity within our community and this is the Meridian Co-op Gardeners.
Upon invitation by our Meridian Parks and Recreation Department, the Meridian
Cooperative Gardeners were established in May of 2012 at our Julius Kleiner Park, our
newest park here in our community. The Meridian cooperative garden is dedicated to
providing local produce and crops for their subscribers and for their volunteer workers.
Excess produce and certain crops are donated right here to the Meridian Food Bank.
Located on about three-quarters of an acre, this extremely resourceful group has
secured support from organizations such as Southwest Idaho RCFD, Idaho Power
funding, a little bit of help from the Home Depot association and Albertson's. As well in
terms of being resourceful in developing partnerships locally, they have created
relationships with our Future Farmers of America, lots of boy scouts I am told,
Friendship Celebration Lutheran Church and Harvest Church of Meridian. Now, these
volunteers within these organizations help to cultivate, plant, weed and water all the
garden activities that are going out there. Katie Gonzales is the coordinator of our
Meridian Co-op Gardeners. She's here tonight with some of her friends and family. I'm
so nervous. Excuse me. The garden produced 1,500 pounds of produce for the
Meridian City Council
April 23, 2013
Page 6 of 57
Meridian Food Bank, as well as providing for their co-op owners just this last year and
am told a special thanks goes out to an individual in our community by the name of
Carrie Swanks who spearheaded the Food Bank's campaign in 2012. So, thank you
very much and our Mayor would love to provide you our Meridian Environmental
Excellence award. Katie Gonzales.
(Pictures taken.)
Mangerich: Our third award this evening goes to a cooperative effort from two very
successful businesses within our community. I'd like to bring Steve Sedlacek or
highlight Steve Sedlacek of Sanitary Services Company, our original waste
management company within Meridian and now it's Republic Services and Hal and
Mark Miller of Larsen Miller Medical Disposal Services. This is for their medical sharps
container exchange program. You know, back in the day when Steve had begun our
solid waste services he knew there was problems with syringes, needles, or what we
call medical sharps posing potential dangers to a lot of his sanitation workers and his
recycling workers, so he and Larsen Miller put their heads together, made some very
unique collaborative arrangement with one another and exchanged services to the
benefit of our community. The exchange program runs like this -- and it is unique to
Meridian and found nowhere else in the Treasure Valley and as far as I know the state
of Idaho. No business waste is accepted, first of all, but proof of Meridian residency is
provided at the transfer. Free medical waste containers are given to residents,
individuals, who need disposal and containerization of their medical sharps. Full
containers, they bring them right back to SSC and they are accepted for no charge.
This is when Larsen Miller gets involved, who accept a kiosk full of full red sharps
containers, transport them safety back to their Elmore county facility, autoclave them,
melt them down and, then, properly dispose of these inert materials in a landfill. When
this program started only a handful of individuals participated in the program, but in the
last ten years they have seen six to eight individuals come in the door each day to
exchange their medical box. What a unique service they are providing to our
community of their own accord and of their own integrity and creativity. Our Mayor
would very much like to provide each of you an Environmental Excellence award for
your contribution to our community. Come on up.
(Pictures taken.)
Mangerich: That concludes our Environmental Excellence awards for this year. I'm
really proud of our community and you should be, too. In the back of the room are
materials related to these programs. Please take them home if you will.
De Weerd: Thank you, Mollie. We appreciate your passion for this and certainly we
appreciate our community partners. Your efforts continue to help us achieve that
premier community status to live, work, and play and so we do appreciate you being
there. And, Mollie, you know, I always tear up, so I think you are just filling in, because I
wasn't doing it.
Meridian City Council
April 23, 2013
Page 7 of 57
Mangerich: Thank you.
De Weerd: So, you thank you carrying on the tradition.
Mangerich: Thank you.
MovedItem 7: Items From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
A. Public Hearing Continued from April 16, 2013: - 00
Knightsky Estates by Iron Mountain Real Estate, Inc. Located
on - NorthwestCorner ofChindenBoulevard _ • N. • '
R • . '1Request:Right-In/Right-Out - • to State
Highway•(ChindenBoulevard)
De Weerd: So, we will move to item 8. 8-A is a public hearing that was continued from
April 16th on VAR 13-001. 1 will turn this over to Bill.
Parsons: Thank you, Madam Mayor, Members of the Council. If you recall last hearing
on April 16th Council did continue this item to this hearing to get some additional
information, the most important was Council wanted to see how this proposed access
would interact with the future build out of that roadway along Chinden Boulevard. I
would mention to Council that the applicant did provide an exhibit for you. I have
attached that in your hearing outline this evening. Also on the graph -- or the display
board here I do have the graphic up showing you where that edge of right of way is
from the ultimate build out as well. ITD said -- did also provide additional comment for
you that stated that the decel lane and the access could fit within the planned right of
way moving forward. At this time ITD does not have that roadway planned or any
budgeting for that roadway and that's detailed in the letter as well. One other additional
item that wasn't provided from ITD was how they were going to restrict access for this
point, where through a pork chop or center median. So, I think that's still the
outstanding issue for you this evening is how was ITD going to -- are they going to
require that center median or are they going to allow the access or require a pork chop
with that access. Other than that additional information, staff has nothing else to add
and at this time I'd stand for any questions you have.
De Weerd: Council, any questions for staff?
Bird: I have none.
Rountree: I have none.
Meridian City Council
April 23, 2013
Page 8 of 57
De Weerd: Okay. Does the applicant have comment? Good evening. If you will,
please, state your name and address for the record.
Amar: Good evening, Madam Mayor, Council Members. My name is Kevin Amar.
Address is 3681 North Locust Grove. We have before you the exhibit that was
requested from previous hearing. It's important to note that we have the exhibit. We
also have a comment from Mr. Szplett at ITD insuring that the right of way that is being
provided with this project will allow for future expansion of the width of Chinden while
maintaining bike lanes and maintaining landscaping buffers, as well as room for the
decel lane to remain in place in the future. We tried to get some additional information
from him, so we could show an actual design of what that might look like and he
declined. He said they weren't sure what it was going to look like yet, but it was
important to them, as it is to us, to make sure that the right of way width is maintained to
provide the necessary lanes, as well as the safety feature of the decel lane. The
question remains as to how to restrict right -in, right -out and our proposal currently is the
pork chop. We are working with ITD to determine what works best, you know, that you
need to turn right not left out of there in that location, so that would be some ongoing
discussion that we would have to determine at the time presumably of design how we
are going to do that with ITD. But we know there is going to be here a pork chop or a
center median in the road and determine which is best to make that happen. I don't
know that you have ITD's comments from Dave Szplett. If you don't I brought those
with me, but I would stand for any further questions.
De Weerd: Council, any questions for Kevin?
Bird: I have none.
De Weerd: Kevin, I guess one thing that did come up last week was if there could be a
design for the entry into the subdivision to perhaps limit the pass-through traffic?
Amar: That did come up, yes, Madam Mayor. The thought -- I will need to verify this
with the fire department also, but even if we could narrow that section -- there is a
portion of the plat -- Bill, I certainly don't know how to use this. Perfect. There is a
portion of the plat on the western end where there are no drive accesses or anything
else, it's just the connection of the road from this property to the Spurwing Challenge
golf course. That portion that is just purely a connection, we have proposed maybe
narrowing that to a minimum of I think 25 feet as what the fire department requires as a
minimum to drive. We talked a little bit afterwards to Mr. Reich I believe his last name
was, and he, you know, was acceptable to anything, as long as we can try to limit some
of that. We just want to make it as -- we just don't want to make it attractive to drive
through there, so if we do limit the width that would help. They have already -- we
talked to them about doing some sort of roundabout. His position is they have already
submitted a design and they really don't have the room to do a roundabout and due to
the nature of where ours connects with their facility there is not room just on our side to
do a roundabout either. So, I guess my proposal would be to narrow that road as much
Meridian City Council
April 23, 2013
Page 9 of 57
as we can while still maintaining safety with the fire department, so it's not an easy pass
through situation.
De Weerd: Also another point that came up is their request to limit it to emergency
personnel access. Do you have an opinion on that?
Amar: Yes. We would like to maintain it as a full access understanding that provides
benefit for the community for both their subdivision, as well as ours. We have seen
those emergency access locations and seems to cause more confusion than help and,
to be honest with you -- and we won't know until it's built -- I don't see this as a strong
cut through location. Certainly not for people trying to access the Spurwing clubhouse.
It's going to be much quicker to travel that distance on Chinden and drive direct access
in off of Long Lake and a stoplight on Long Lake.
De Weerd: Okay.
Amar: So, I think it will be more residents of Spurwing Challenge that would use this the
majority than anyone else.
De Weerd: Thank you. Anything further from Council?
Bird: I have none.
De Weerd: Okay. Thank you.
Amar: Thank you.
De Weerd: Okay. We did keep this public hearing open. Is there anyone else who
would like to provide testimony on this item? Okay. Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Let me kind of work backwards through the subject. My preference would be
for the connection to the new Spurwing Challenge Subdivision to remain an open public
road. The access into Spurwing is pretty well constructed already. It doesn't quite -- the
entire subdivision isn't quite a cul-de-sac, because I believe we have required an access
out through Spurwing Greens or -- the new project to the west has changed names a
couple of times, but there is a good section of Spurwing that would still function like a
cul-de-sac if this were not an access and I would prefer that it not be an emergency only
access. I think it makes sense to have it be a public road and an open access. If our
fire department is comfortable with some traffic calming idea there that either narrows
the road or puts an island in the middle of it, I would be happy to have them work that
out, but my -- my opinion would be to be against bollards or something that actually
closes it off. I will also state a preference on the access to Chinden. Our general
Meridian City Council
April 23, 2013
Page 10 of 57
agreement on access to -- to state highways is there can be a full access on the half
mile and a right -in, right -out on the quarter mile. I can understand all of the other
elements that have gone on around here that bring us to this point. I can go along with
substituting this access for the quarter mile access, even though it's not on the quarter
mile, but it does provide that function and there are property lines that make access on
the quarter mile very difficult. So, even though I have a strong history of being opposed
to adding extra accesses in locations like this, I can be satisfied. I still appreciate
Councilman Rountree's question and I will leave it up to him to see if his understanding
of this drawing satisfies the right of way. I would add one more thing in that I agree with
others who have stated I don't think the pork chops are working to force a right -in, right -
out.. They -- people ignore them, they find a way to go around them, so I would propose
certainly that the applicant and ITD settle on having some kind of a center divider at this
point, whether it's an island or just a curbing or even the -- I think they call them
candles. It isn't important to me, but I think there should be something along the center
line that -- that prevents left turns. I don't think the pork chops that I have seen along
Eagle are working to satisfy that. So, that is my opinion. I would be in favor of
approving this right -in, right -out, making sure that's the only thing it can be and
maintaining public right-of-way at the west property line.
De Weerd: Thank you, Mr. Zaremba. Any other comments from Council? Questions
for staff.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Just a comment. I agree with what Councilman Zaremba has just stated. I
agree that the pork chop is not the solution for right -in and right -out in a development
agreement. I believe it needs to have language with respect to providing a -- some kind
of an -- either curb or raised median to not allow that turn to be made, because it will be
made if it's not prohibited in the travel lane itself. That's a bit of a difficult intersection as
it's laid out right now with two lanes. You're not sure which lane you want to be in going
east and the same way going west and both merging into one lane. Ideally -- and it's
probably too late, but it would have been nice to have all four corners of this intersection
put up the funds to at least get the intersection itself designed properly and functioning
properly and transitioning back to two lanes, even though I think we have lost the
opportunity with that on the east side. But I agree with what Councilman Zaremba said.
I'm not sure what else you can do in order to get this particular corner and piece
developable. It's unfortunate that the parcel was split, but the parcel was originally
designed for that road to go from Linder all the way through to the Spurwing original
access point and I think it needs to remain as such.
De Weerd: Thank you, Mr. Rountree. If there is no further questions for the applicant
or staff -- Mr. Hood.
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April 23, 2013
Page 11 of 57
Hood: Madam Mayor, if I could just make one clarification. With the variance we won't
be getting into the development agreement at this time, but certainly as the applicant
comes back we will certainly look to these comments as we begin to guide a staff report
for development agreement modifications, plats, those types of things. So, we won't
typically condition a variance, but duly noted. I just wanted that for the record that we
won't be including that with this action, but certainly moving forward we will consider
those comments. Thank you.
De Weerd: Thank you for that clarification. If there is no further information needed
from Council, I would entertain a motion to close the public hearing.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we close the public hearing on VAR 13-001.
Rountree: 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: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve VAR 13-001 and realize that we can't put conditions on
that, but I'm certain the applicant is aware that as this moves through the process there
is a preference for some sort of center divider on Chinden. That will come up as further
applications come along and I would also comment that this is a unique situation and
nobody should interpret this as establishing a precedent. End of motion.
Rountree: Second.
De Weerd: Mr. Zaremba, would that include working with the property to the west in
some treatment at the entrance into the residential side to slow traffic into that?
Zaremba: Madam Mayor, yes. I would add the subject of working together with the
adjacent property owner to come up with some acceptable -- I'm sorry -- with the
adjacent property owner and the fire department -- our fire department to come up with
with an acceptable method of traffic calming that does not close this off.
De Weerd: Okay. Second agree?
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April 23, 2013
Page 12 of 57
Rountree: Second agrees.
De Weerd: Thank you. Any comments?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Yeah. This is something I can support. This is a unique piece of property
and I think Councilman Rountree noted correctly that if it hadn't been split I think the
design would have been different. I don't think we are adding any -- a special right or
privilege and I think the applicant can point to several other places on a state highway --
Eagle Road and other places -- that right -in, right -outs are utilized to meet needs. It's
also -- it's interesting under point two a variance relieves an undue hardship because of
characteristics of the site, in this I look at it as the hardship that we are creating in trying
to relieve is allowing commercial traffic to have to use a residential street to come to the
commercial entity and that to me is backwards and -- and I think this right -out -- right -in,
right -out actually relieves that hardship that would be created on the residence. So, a
little different view than some others might look at it, but that's how I view it. And I think
with the information provided by ITD it meets the safety standards and is very
reasonable in all these respects, so I could support this motion.
De Weerd: Thank you, Mr. Hoaglun. I think that clarification was essential as part of
that variance. Any further comments from Council? Madam Clerk, will you, please, call
roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
1% Public Hearing: AZ 13-004 Thompson Farm by R. Orville &
Heidi Thompson• -• at 975 S. LocustGrove Road
Request: Annexat• • • of 2.38 Acres of Land with a
(Community Business)• • District
De Weerd: Item 8-13 is on AZ 13-004. 1 will open this public hearing with staff
comments.
Watters: Good evening, Madam Mayor, Members of the Council. The next application
before you is a request for an annexation and zoning. This site consists of 2.38 acres of
land. It's currently zoned RUT in Ada County and is located on the southwest corner of
East Central Drive and South Locust Grove Road, 975 South Locust Grove. The
applicant requests annexation and zoning of 2.38 acres with a C -C zoning district,
consistent with the future land use map designation of commercial. There is currently a
Meridian City Council
April 23, 2013
Page 13 of 57
single family dwelling and associated buildings on this site. You can see by the picture
here. The applicant requests hook up to city sewer and water service for the existing
home and one of the out buildings. A couple of conceptual drawings have been
submitted showing how the property should redevelop in the future, however, there are
no plans for redevelopment at this time. The use of the site is proposed to remain
residential. For this reason staff and the Commission is recommending that a zoning
designation of R-2, low density residential, consistent with the existing and continued
residential use of the property, rather than C -C as requested. The applicant is in
agreement with staff and Commission's recommendation for zoning. Upon
redevelopment of this site the property should be rezoned to a commercial district in
accord with the commercial future land use designation. The existing home is required
to hook up to city services within 60 days of annexation ordinance approval. The
Commission recommended approval of the annexation request. Sam Johnson testified
in favor at the public hearing. No one testified in opposition or commented and written
testimony was received from Sam Johnson, the applicant. There were no key items of
discussion by the Commission. Commission changes to the staff recommendation.
Based on the applicant's request and staff's recommendation the Commission
recommended comment 2.21 pertaining to streetlights is included as a DA provision for
requirement upon redevelopment of the site. That is development agreement provision
1.1 D. There has been no written testimony since the Commission hearing and there
are no outstanding issues for Council. Staff will stand for any questions the Council
may have.
De Weerd: Thank you. Any comments or questions for staff?
Bird: I have none.
Rountree: I have none.
De Weerd: Okay. Does the applicant have any comments? Thank you for joining us.
If you will, please, state your name and address for the record.
Johnson: Yeah. Thank you for having me. My name is Sam Johnson. My address is
2701 East Pine in Meridian.
De Weerd: Thank you.
Johnson: I really don't have anything else to add to the application and, then, to the
staff report, so we are in agreement with the recognized zone of R-2. There is no
immediate plan to develop the property commercially. The main intent to annex it is to
connect to city sewer and water. As you can see from the pictures, the site's been I
guess renovated. The buildings have been resided and painted. The owners have
decided it was time to clean the property up and wait for future development when the
opportunity arises. I would stand for questions.
De Weerd: Council, any questions?
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April 23, 2013
Page 14 of 57
Bird: I have none.
Rountree: I have none.
De Weerd: It does look nice out there.
Johnson: A little different.
Rountree: Much better.
De Weerd: Yes. Thank you.
Johnson: Thank you.
De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony
on this item?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing none, I move that we close the public hearing on Item 8-B.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-B. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-B, AZ 13-004.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-B. Mr. Zaremba?
Zaremba: Should we clarify that we are approving it as an R-2.
Rountree: That's how it's presented to us with the staff recommendation. Well,
including staff recommendations and comments.
Meridian City Council
April 23, 2013
Page 15 of 57
De Weerd: I appreciate the clarification and, yes, that is part of the motion. Madam
Clerk, will you, please, call roll on that.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hearing:C. Public -- Oak Leaf Subdivision by Oak Leaf
Development Com• -• North of Chinden
Boulevard and Approximately 114 -EastofBlack,
Road
• •Request:Preliminary Plat
Consisting of •Single
Family Lots and Two Common • on Approximately 1;
Acres in an R-2 • i Zoning Districts
De Weerd: Item 8-C is a public hearing on PP 13-005. 1 will open this public hearing
with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the
agenda is the Oak Leaf Subdivision. It's located north of Chinden Boulevard,
approximately a quarter mile east of North Black Cat Road. This property is currently
zoned R-2 in the city. Was annexed in with the Tree Farm property in 2006. There is a
development agreement requirement for this property as well that would happen with
the annexation. The applicant is here this evening proposing a four lot estate
subdivision. The existing home, which is situated on Lot 4, Block 1, will remain part of
that subdivision and, then, there is two -- or three additional building lots and then, two
common lots as well. The extension of the roadway will happen from North Moon River
Way, which was provided with Spurwing Grove Subdivision No. 4. That will be
terminating in a cul-de-sac and provide access to this property. I would mention to
Council that the existing home does have access to Chinden Boulevard at this time and
that will be vacated once this road is provided to this property as well. The applicant
has submitted a landscape plan. They are required to provide ten percent per the UDC.
The plat -- the landscape plan before you this evening does depict two passive open
space lots. Each passive open space lot will have a sitting area, so there are two
amenities proposed as well with this subdivision. The applicant also provided
elevations for you this evening. In the application the applicant stated that the minimum
home size in the subdivision would be 3,500 square feet, so we are looking at some
substantial homes on one acre lots as well. Planning and Zoning Commission
did recommend approval to you on the March 21st hearing. Barry Semple spoke in
favor of the application. No one testified in opposition of it. Primary issues of
discussion of the Commission hearing was the utility connection of the existing home on
Lot 4, Block 1. And I will get to that in a moment as well. Commission did recommend
a modification to Condition 1.1.6. They changed the wording from shall to may and,
then, written testimony since the Commission hearing, staff did receive a lengthy
rebuttal from the applicant and he also attached an exhibit on how the home would be
Meridian City Council
April 23, 2013
Page 16 of 57
sewered in the future. I believe that those comments are provided in your packet this
evening. And, again, here is what the applicant is proposing. Originally when we were
before Planning and Zoning Commission the intent was that the home would be --
sewer would be stubbed from the cul-de-sac proposed with the subdivision and the
sewer line would come back into the property and connect here to the existing home.
Well, at that hearing it was testified that in order to service that property from the cul-de-
sac the applicant would have to put in a pressurized sewer line in order to make that
happen. After the hearing and getting to the P&Z Commission hearing, the applicant
came back, sat down with staff, and engineered a proposal that seems to work better
for servicing the property and the reason why it works better is the applicant could
facilitate sewer connection via this main that would be constructed with a future
Spurwing Greens phase. The other benefit is that this would all be a gravity line,
instead of having to be pressurized in the future. Staff did receive written testimony
from that adjacent property owner to the east. He's amenable to the routing of this
sewer. He has given consent to allow that to happen. The only issue before you
tonight is the timing for that to happen. I would also mention to Council that the
recorded development agreement requires this property to hook up to city services and
keep in mind that when we talk -- when we are talking city services, this is United Water.
We are mainly talking about sewer. They will have to coordinate with United Water to
facilitate the water connection. So, staff is recommending a change to their conditions
of approval before you this evening. That condition would be 1.1.7. Basically we are
asking that that condition requires the home hook up to city services or urban services,
sewer and water, to give the applicant some flexibility. We are basically stating that
future connection to the sewer would happen as depicted in the exhibit before you this
evening and, then, we want to make sure that that connection would happen with the
development of a future phase, which is the property to the east. So, it's a little
ambiguous. We don't have a specific timeline for that connection, but staff feels just
allowing that to happen with that development in the future makes sense. In speaking
with the applicant the private system seem to be working fine at this point, so there isn't
a real concern to get that hooked up, but at least wanted to go on record and let you
know that this seems to be working. We did coordinate with Public Works, they are in
agreement with this orientation as well. Other than that timing issue that I mentioned to
you, staff is recommending approval, Commission recommended approval, and I stand
for any questions you have.
De Weerd: Thank you, Bill. Council, any questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, I didn't catch this. You probably said it. On this proposed rerouting of
the sewer line into the future Spurwing Greens phase, has that phase been preliminary
platted to the extent that we know this can work and there is going to be a utility
easement where that could go through the subdivision?
Meridian City Council
April 23, 2013
Page 17 of 57
Parsons: Madam Mayor, Members of the Council, yes, property to the east has been
preliminary. That's happened. I know in speaking with the applicant they have run the
models. He's the engineer, I will let him testify to that, but based on his modeling he
believes that this will work as shown before you this evening.
Rountree: Okay. Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Could 1 ask to go back to a view that shows more of the surrounding
property? I think -- yeah. Thank you. Hold on that for just a moment if you would.
What I'm looking for is future road connectivity to the property to the west and it looks
like it's sort of the south end, not on the property that we are talking about, but at the
south end is that a connection? South of the property we are talking about it looks like
there is a roadway that --
Parsons: Madam Mayor, Members of the Council, this subdivision is not proposing any
stub streets, but when Spurwing Greens Subdivision -- that preliminary plat came
through there was a requirement for a stub street in this general location, if you can see
my cursor. That will ultimately provide that road network in there and connect back to
Black Cat.
Zaremba: Thank you. That was my point that this one does not having a --
Parsons: That is correct.
Zaremba: --- any connection, so as long -- as long as there is a provision for a future
connection nearby I'm satisfied.
De Weerd: We won't land lock them.
Zaremba: Good.
De Weerd: Okay. If there is no further questions, would the applicant like to make
comment? Good evening. If you will, please, state your name and address for the
record.
Semple: Yes. My name is Barry Semple. I'm with RiveRidge Engineering. Address is
2447 South Vista Avenue in Boise.
De Weerd: Thank you.
Semple: I am here tonight representing the applicant who is in attendance, if you
should have any question for him. I appreciate staff's assistance in working through one
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April 23, 2013
Page 18 of 57
remaining issue. To continue that conversation that Bill had, as you're aware the --
believe it's called Sugar Tree Drive was recently completed in the Spurwing Green No.
4 and so the sewer and water services are installed there and the stubs have been
installed to the property that's to the east of the Oak Leaf Subdivision, so we know
specifically what the elevations of the sewer are there and I have evaluated the sewer
main extension and service extension along the proposed alignment and it does work.
The sewer when it reaches the home -- existing home will be at least six feet below the
ground surface. So, this alignment just, from an engineering standpoint makes a whole
lot more sense. There is no mechanical pumping involved. It happens to coincide with
the location of existing clean out where the sewer leaves the home. There are no --
basically there is a -- there is a lawn area that the sewer service would cross, rather
than trying to accommodate a very circuitous route through extremely mature
vegetation, several ponds, just -- and, oh, by the way, there is no pumping again. I think
that's -- I think that's key. So, in short, we support the staff's recommendation for
approval. As I said, the applicant is here should you have any questions of him and
with that I will stand for any questions you may have.
De Weerd: Thank you. This is a great solution to a complex problem that was
presented because of mature landscaping and beautiful at that. Any questions from
Council?
Bird: I have none.
Rountree: I have none.
De Weerd: Thank you.
Semple: Thank you very much.
De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony
on this item?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing none, I move we close the public hearing on Item 8-C.
Hoaglun: Second.
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: ALL AYES.
Rountree: Madam Mayor?
Meridian City Council
April 23, 2013
Page 19 of 57
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 8-C PP 13-005, subject to staff comments and
not necessarily simple solution that's being recommended.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-C. Any discussion from
Council? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
D Public Hearing:1 Ridge Estates
Stanfield,Subdivision by Mason and •
Hearing:of Chi D. Public 00 - Ridge Estates
Subdivision by .Located• -n Boulevard, South of _ Phyllis Canal •'
Approximately a 1/2 Mile East of N. Black Cat Road
Request: - • of 1 acres of Land from RUT and R
1
in , County• •ential) Zoning
PublicDistrict I
E. •: PP 13-006 HeronRidge Estates
Subdivision by Mason and Stanfield, Inc. Located North of
Chinden Boulevard, South of •
Approximately a 1/2 Mile East of N. Black Cat Road Request:
Preliminary Plat Approval • • of and
Single Family Residential Lots and Five (5) Common Lots on
Approximately 9.76 Acres in a Pr• • • - • R-2 Zoning District
De Weerd: Item No. 8-D and E are public hearings on AZ 13-002 and PP 13-006. 1 will
open these two public hearings with staff comments.
Parsons: Thank you, Madam Mayor, Members of the Council. Last item on -- public
hearing item -- or the next item on the agenda is the Heron Ridge Estates Subdivision.
Again, this is located on the north side of Chinden Boulevard, approximately a half mile
east of north Black Cat Way -- or North Black Cat Road. The property does consist of
two parcels currently zoned RUT and R-1 in Ada County. It is adjacent to Spurwing
Greens or Jayker Subdivision as well. The applicant is proposing to annex in 10.10
acres of land and plat approximately 9.76 acres with an R-2 zoning designation. The
plat consists of 16 residential lots and five common lots, with a gross density of 1.65
Meridian City Council
April 23, 2013
Page 20 of 57
dwelling units to the acre, which is consistent with both the low density designation on
the Comprehensive Plan and the requested R-2 zoning designation. The applicant is
proposing to develop the plat in two phases. Phase one would be -- would consist of
ten lots, which is located on a six acre parcel here and, then, phase two would be
approximately three and a half acre parcel and consist of the six remaining lots as well.
The property will be bisected with a future collector road that will be extended with the
project and terminate down by Phyllis Canal here. Access to phase one is provided
from North Moon Drummer Way and will, again, terminate and cul-de-sac with no other
additional stub streets given the topography in the area and, then, phase two, again, is
another extension of a street and dead-end cul-de-sac. If Council recalls, we came
through recently with a final plat that was to provide that connectivity to this project.
Those applicant -- or those property owners are still in communication and getting that
alignment and utility alignment correct as well. So, that is happening as well. But final
plat has -- is setting the stage for the extension of Jaykers and, then, also this local
street connection to phase two. Phase two won't be able to develop until access is
provided to this property, so it is somewhat predicated on Brighton finishing their phase
southwest of this property as well. Again, applicant is required to provide ten percent
open space. The open space is in the form of a passive open space lot here, eight foot
wide parkways, and, then, the collective street buffer along the future North Jayker Way,
which is terminating at the Phyllis Canal. One amenity is providing -- is being provided
with the subdivision. That is a sitting area located in this area as well. Staff realizes
that it is a disconnect from phase two, but given the topography in the area and what's
happening, it's -- it's difficult to link the two together. I'd also mentioned to you that the
applicant has requested alternative compliance due to the topography down through the
gulch here. So, a portion of these -- of the west side of the collector roadway will not
have the required landscape buffer as required by the UDC. Instead, the applicant is
providing a wider buffer for this segment of the roadway and, then, along the east side
they are providing 20 feet and in some areas as wide as 70 feet to offset the loss of that
landscape buffer on the west side. I'd also mentioned to Council that with the approval
of the Spurwing Subdivision to the south, there was a ten foot pathway constructed
along North Jayker Way on the east side and that will be constructed with this street
segment as well and, then, terminate at the gulch with a future collector roadway. The
applicant again is proposing large estate lots. Here is the type and flavor of the homes
that they propose for the subdivision. Staff does support the design of these homes.
Conditions of approval require compliance with these elevations moving forward.
Because the applicant is coming in with an R-2 zoning designation staff is not
recommending a development agreement with annexation of the property given the low
density and the types of uses proposed out there. The Commission did recommend
approval to you back in March -- on March 21st. Scott Stanfield testified in favor of the
project. There were no outstanding issues discussed at the Commission. There were
no recommended changes by the Commission. Staff has not received any written
testimony sense the hearing and to staff's knowledge there aren't any outstanding
issues before you this evening and at this time I'd stand for any questions you have.
De Weerd: Thank you, Bill. Any questions from Council?
Meridian City Council
April 23, 2013
Page 21 of 57
Bird: I have none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Two different kinds of questions. It doesn't appear on the agenda, but it is on
the notes that you have provided for us. ALT 13-007. Is that the alternate compliance
that you were talking about?
Parsons: Madam Mayor, Members of the Council, that is correct. That is the alternative
compliance that --
Zaremba: And does that piece not require Council approval? Is that administrative
or --
Parsons: It is administrative approval.
Zaremba: Okay. So, we don't -- it's not on the agenda and I'm making sure that we
don't have to vote on it, so -- okay. So, that was separate. The other thing that I bring
up constantly is the public roadway connection to the Aldape property just north of this
and which eventually we are looking forward to having a public park on the north end of
that property. My question tonight is if this collector is going to be completed to the
Phyllis Canal, there is a significant grade change there, essentially this road goes down
a small canyon and my concern is if that road is completed to the Phyllis Canal, there is
no place for anybody to go, but onto the Aldape property, how do they turn around and
get out of there or should we add some signage -- temporary signage at the top end --
the uphill end of this that says no access to anything and that sign would be removed
when Aldape is developed. My concern is somebody is going to get stuck down there,
then, what do they do, they have to drive onto the Aldape property to turn around.
don't know if that's a big concern, but --
Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, I know that
roadway -- the applicant engineer is still working with ACHD on the design of that
roadway. They are getting closer to finalize that. I know that this subdivision has not
been -- it has to go before their commission, because in order to get a waiver from their
policy the fire department and ACHD haven't required a turn around at the terminus of
the roadway as you stated, because there is no room for it. So, in order to get that
approved through ACRD they have to get a waiver from policy and have their
commission act on that. So, they are still working that out. It may be something that I
can certainly check into for you and see if ACHD is amenable to at least putting that
sign up towards the gulch. It provides no access to the development, but --
Zaremba: I'm just offering that as a suggestion, so that people don't go down that road.
Parsons: Sure.
Meridian City Council
April 23, 2013
Page 22 of 57
Zaremba: It looks like it goes someplace once you build it and they wouldn't be able to
see that it doesn't, so --
Parsons: Correct.
Zaremba: Just a suggestion.
Parsons: Maybe the applicant can shed some light on that for you as well.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I have questions along that same vein. The future of that access point, is that
going to be a public access point for the future park down -- whenever that occurs?
Okay. They are nodding yes for the record.
Parsons: Madam Mayor, Councilman Hoaglun, that is a collector street and a public
street at that. So, it is being dedicated through a warranty deed. It's not being
dedicated with this plat, because there is multiple property owners involved that own
land along the gulch and so this land owner and the two other property owners are
working together to cost share on the construction of the roadway. So those things are
happening, but I know it's getting very close to finalizing that.
Hoaglun: Okay. Thank you, Bill.
De Weerd: Any further questions at this point? Okay. Would the applicant like to make
comment? Good evening. If you will, please, state your name and address for the
record.
Stanfield: Thank you, Mayor, Council.
De Weerd: Thank you.
Stanfield: Scott Stanfield with Mason Stanfield Engineering. 826 3rd Street South,
Nampa, Idaho. Good to be here tonight. I'm not here very often and so it feels good to
come back and I would like to thank Bill for his help on this project. I think it's very good
that he's represented the project to the south also, so we maintain a continuous project,
if you will, from south to north and I think that's very important and I commend the city
for structuring their planner to that -- to that pathway, so that's good. Nothing really to
add. Bill did a good job as usual on the staff report. We have no concerns, no issues
outstanding. We are in agreement with everything on there. So, I will jump into
Zaremba's concerns regarding the roadway down below. We did talk at our very first
meeting with ACRD, Gary Inselman, about putting in signage up top. He recognized
that we really want to get that built now versus putting it in a trust fund and maybe
Meridian City Council
April 23, 2013
Page 23 of 57
building it later, so we have teamed up with adjacent owners, as Bill pointed out, and we
are going to build now and, of course, that has inherent problems and that is a
turnaround down there. So, ACHD is amenable to the signs up top and it will be an
inconvenience until people figure that out and everybody will have to recognize that and
everybody will have to go along for awhile, but the developer will put signs up top. In
fact, we are working on that roadway design as we speak and should have that into the
highway district here real soon. So, hopefully that answers your -- the questions there.
Zaremba: Yes, that does help. Thank you.
Stanfield: Short of that, we have just tried to create some nice, big, generous lots, those
view lots look down on the river valley down below and you can see this project is two
parcels with very odd ball shapes, so it was very challenging to make something fit and
we tried to do the best we could and work within your code and with that I'd stand for
any questions.
De Weerd: Thank you. Any questions from Council?
Bird: I have none.
De Weerd: Okay. Thank you.
Stanfield: Thank you, Mayor.
De Weerd: This is a public hearing on Items 8-D and E. Is there anyone who would
wish to provide testimony on this item?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Seeing none, I move that we close the public hearings on Item 8-D and E.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Items 8-D and
E. All those in favor say aye.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: All ayes. Motion carried. Mr. Bird.
Bird: I move we approve AZ 13-002 and PP 13-006 and include all staff and applicant
comments.
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Rountree: Second.
De Weerd: I have a motion and a second to approve Items 8-D and E. Is there any
discussion by Council? Hearing none, Madam Clerk, will you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Public Hearing: •A 13-001 Unified Development Code (UDC)
Te
- .. -
- -nt by City of Meridian Community Development
Department Request: Text Amendment•:CertainSections •
the UDC Pertaining • Block Length,Multi-Family •
Storage Bicycle•Facilities, Street Knuckles
•Other Miscellaneous • Items
De Weerd: Item 8-F is a public hearing on ZOA 13-001. 1 will open this public hearing
with staff comments.
Hood: Thank you, Madam Mayor, Members of the Council. I think it was probably my
first week taking over for Pete, staff had this laundry list of things to change in UDC.
So, we sat down and we started going through it, taking those comments that we had
received over the past several months and have compiled them in an application and
ask for you approval tonight. There aren't too terribly many of them, so if you don't mind
I would just like to run through the proposed changes real quick. I won't read all the
changes, but I do want to at least highlight them all real quickly. So, the first change we
are proposing has to do with knuckles in -- on streets. We have some complaints from
the fire department primarily, but also ACHD about the -- sometimes they are called
eyebrows in the knuckles and so those are problematic. I believe also the solid waste
folks had some difficulties particularly when people park on those and maneuvering
around and so, basically, our -- our proposed change is to remove that requirement to
separate that with the landscape island or an eyebrow is what we typically call those.
So, that's the first change we are proposing. The second proposed amendment has to
do with pathway lighting. There has been some clarification needed on when bollard
style lighting or pedestrian level lighting is needed on these pathways. Hopefully, the
UDC changes clarify that when they are not visible from a public street they need to
have lights. So, if the police department -- and that's how we are going to work it out --
we meet with -- with police and fire and parks approximately three weeks before each
hearing item and sit down and have what we call a comments meeting. So, we sit down
with the site plan and go through a proposed project together and talk through any
issues and conditions. That's how we come up with conditions for staff reports. So, we
are going to sit down together. Lieutenant Overton is typically the police representative.
Jay Gibbons is typically the parks representative. So, we will look at those and see
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where visibility may be an issue. So, if a pathway comes in and does a 90 degree turn
and it's not visible from a public street, we will look at pathway lighting for that area that
would otherwise be dark and not have the eyes on it at least from a patrol standpoint
being able to maneuver in a vehicle. I should say at any point in time if you want any
further clarification or want to talk about anything, please, feel free to interrupt me. The
third change is -- came about really a couple of fold. I think I forwarded to you all a
request from ACHD bicycle advisory commission probably three, four, five months ago
on a concern that they received and also we received at the city regarding a project
where they had installed bike racks that only came about 12 inches off the ground and
so cyclists were concerned with 1,000 dollar bikes only being able to lock their front tire.
Some had lost their bikes -- you know, the front tire was still there, but their frame and
the rear bike that the tire was on. So, the BAC at ACHD had recommended some
standards for those to basically get a minimum height so cyclists can lock their frame
and wheel and not have to carry multiple locks to lock your frame and your wheel to a --
to a lock. We also looked at Nampa standards and some other municipalities for those
locations. We want them fairly close to the door. We don't want to put them right there
where pedestrians may trip or -- but we do want them fairly close to a front door, not on
the back side, so cyclists don't even know they are there or won't use them. So, we
have tried to walk that fine line of close to the door, but not right in front of the door and
we think we have -- we have gotten to that happy medium in our proposed standards for
the location of those. The next proposed change has to do with car parks for multi-
family projects --
Hoaglun: Madam Mayor? Caleb?
De Weerd: Uh-huh.
Hoaglun: Before we move on I want to back up to bike -- bicycle parking.
Hood: Sure.
Hoaglun: I want to -- number five, that addition that a bicycle parking facility is abutting
a structure and the landscape and shall be installed and maintained a minimum
clearance of three feet. So, where ever it's put it's going to be three feet away from a
tree or something like that, that part about abutting a structure -- and the reason I ask
this -- right next to where I work downtown the Ten Barrel Brew Company has opened
and they kind of have a novel bike approach, it meets the height requirements, but it is
actually attached to their building in a long pipe, tube, and it's -- and there is a ton of
bikes -- I mean they are parked boom, boom, boom, boom, boom -- well, you're not
three feet from that structure. I mean it's right up against it and I looked at it and since
it's along the sidewalk it actually works well, because the height of the bikes are going
parallel to the building, allows access, they aren't sticking out, the biker is parked -- you
know, they aren't spread out, they are actually, you know, front wheel can go in behind
the rear wheel and it works out pretty well. So, when I read that I go, um, are we
prohibiting something that might be a novel approach for -- for some of our parking of
bikes along sidewalks. So, something to think about there.
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Hood: And certainly is and if we can just maybe schmooze that out and see if maybe
there is a clarification there. Certainly the intent was we didn't want it right up against
the building and, then, you aren't able to get your bike into to actually park it next to the
rack. We wanted some clearance of your front or rear tire, so you can actually get your
frame next to the rack, so three feet separation so you can have the middle of your bike
there. That's the intent. I don't think we thought about it being perpendicular with the
building, because that certainly -- then if you ran it parallel with the sidewalk that issue
isn't there. So, maybe we can clarify this, that when you're running them -- again, when
you're parking your bike perpendicular to the building face you need three feet of
clearance, but if you have your rack that comes out in a tube or whatever from the
building and you're still allowing them to -- cyclists to park their bikes there -- I don't
know what that clarification is, except for maybe we could add -- maybe that is it.
Where a bike rack is parallel to the face of a structure or something like that.
Hoaglun: Yeah. It's one of those things I had not seen before and when I saw it I went,
oh, that's -- that's a novel approach and it seems to work, so just something to think
about in number five, if you want to move it forward on the --
Hood: And we can -- I guess I will just know it is code and we are charged with
enforcing this. However, the intent certainly is when we get someone that does
something outside the box and meets the intent of the code, I think we have some
wiggle room there and we did try to leave it where we do have some standards, but we
didn't want to have -- we didn't -- and some of the recommendation was have them build
that rack or have them build one of these three racks and, well, we don't want to do that,
we want to leave their -- you know, if they want to make it a piece of art and yet also
functional, that's fine, but we wanted to have some minimum standards in place. So, we
-- except for that one you just called us out on, we thought we did a pretty good job
coming up with something that would make everyone happy, but, yeah, maybe we can
circle back to that if anyone has any comments on either way, seeing that up or, again,
our interpretation of that would potentially allow us to move forward with that allowance.
One of the big ones that we had talked about at staff level and heard a lot from the
development team is our requirement to have two covered car parks in two and three
bedroom multi -family units. What we -- what we found is that we were getting a lot of
push back from multi -family developers. In fact, I have two letters that are in support of
our proposed text amendment this evening regarding this section of the ZOA. There is
a couple of reasons that they list and maybe if I just real quick -- so, Matt Swain from
Perry and Associates provided a letter and the architect's office John Price provided the
other one, although they are just a sampling of some of the comments we have
received from architects and developers on this issue. The first one that we heard over
and over again -- I think staff has even pointed this out to you in the past -- is they take
away carports particularly, garages maybe not so much, but carports and garages to a
certain extent detract from the esthetics of the building. There is a lose of investment
going into a building and our current requirements require two car parks for two and
three bedroom units being in this enclosed carport or enclosed garage or a covered
carport. So, in talking with some of these developers and, again, looking at other
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standards throughout the United States, we thought paring that back to still having two
car parks required for two and three bedroom units, but only requiring that one of those
two be in a carport or garage and the other one could be a surface parking stall, allow
some view corridors into projects, you can actually see the architectural design of the
buildings and/or landscape -- you know, there are view corridors that maybe can be
maintained. The other thing that we heard from -- from at least one of these architects
is -- and I would have to somewhat disagree with one of these architects -- they do tend
to work better in parts of the country where you have extremely hot and extremely cold
temperatures, which we do sometimes. I mean this winter if I were parked outside
during the wintertime you either have to go out early and start your car ten minutes early
and scrape your windows or keep it in the garage and so for a lot of these -- a lot of
people in apartments they don't have the ability to -- to park indoors and so one of the
comments is that's really not an issue in this area. Again, I don't know that I necessarily
buy that side of the argument so much, but functionally we think having one out of the
two, that still allows a primary vehicle and a residents to be parked in some either
secured or enclosed or covered structure and a secondary car for a teenager or spouse
or whatever would still need to -- there would still be a spot for it, but it may or may not
be covered. So, that is the -- the proposal we had. Again, that's basically -- I won't say
a battle, but it's definitely a discussion we have with -- across the board with all the
developers and architects about our current standards and it being pretty heavy
handed. So, we have set that back half of a step, didn't really change the number of car
parks, but we did change our allowances to at least allow one of them to be a surface --
and I will -- again, that's a minimum. If they want to still provide both of them in a
garage or carport, certainly we would consider that in changing the minimum. So, I
don't know if anyone has any comments on that point, but that was a pretty big one that
we heard from the development team.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would comment -- and, actually, your assessment matches my comment.
was on the committee that put that provision into the UDC and our discussion was along
the lines of safety for the motoring public. Sometimes people don't go to the effort to
clean the snow and ice off of their windows before they jump in their car and get on the
public roads and I occasionally see cars driving around where I wonder how the drivers
can see where they are going and certainly feel they are unsafe to themselves and for
me as they are driving around. So, that was the discussion that got the carports as a
minimum into the original UDC. I have no problem with the discussion of whether it's
one primary car or both of their cars or whatever, but you did -- you did make the point
that the committee made when we made that a requirement.
De Weerd: Okay. Thank you.
Zaremba: Thanks.
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Hood: So, moving onto the next proposed change. This one has to do with sound
attenuation walls for self storage facilities. We have had some difficulty in having a
developer prove or do the engineering that the sound wall actually does attenuate the
sound, so rather than going to this expense and effort to have a wall, which probably
doesn't do what it's intended to do, a lot of times you will get reverberation off the wall
and off the building and it goes back over the fence you were trying to avoid the noise
from going over in the first place or for the self storage facilities they are pretty low
impact, so the noise typically is, you know, during business hours, weekends, those
types of things and it's -- you know, you hear roll -up doors occasionally and some cars,
but it's not overly noisy. So, we think with some fencing and landscaping we can,
essentially, provide some of that buffering and necessary mitigation for adjacent
residential uses without this requirement for a sound wall being put there. Again, it
probably doesn't -- in theory it sounds good, but in practice I don't think they work in this
particular instance, so -- and, again, it was a big thing of having them prove up this
sound wall that does that and we don't have any standards that say -- and, then, on the
other side of this wall what's the measurement for sound. Is it absolutely zero sound on
the other side of the wall? So, without getting into a lot of details of what the wall has to
do -- a sound attenuation wall doesn't really mean a lot. So, again, we are just
proposing some dense landscaping and fencing to -- to meet the intent of that. So, I
see some looks on some faces, so maybe I will pause there and see if there is
comments or concerns about that proposed change.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I was curious. The setback for the building to the property line is ten feet from
-- if you were to put a storage unit on the back side -- for some reason I think it's ten feet
to the property line; is that right?
Hood: So, Madam Mayor, Councilman Hoaglun, it's going to vary by zoning district. In
residential districts that's going to be the --
Hoaglun: That's right. That's --
Hood: A lot of these are in commercial districts and so you're looking at a 25 foot
separation if they are in a commercial district to any residential districts and that would
be more of a shed. This would be more a storage unit complex I mean kind of what this
-- a self -storage facility is, so that would be more a for profit type thing and a separation
there. And, typically, they are going to be designed where they are going to have a
drive aisle there with roll up doors, so, you know, you're 60 feet from a property line, so
with your landscape buffer, your drive aisle, and, then, face of a roll up door or multiple
roll -up doors --
Hoaglun: Here is where I'm going with it, though. You flip that, you have the property
line, you have the landscaped area, you have the back of the storage unit, the storage
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unit itself and the drive aisle is located on the other side of the -- and we are going to
require a 25 foot -- in that scenario a 25 foot landscape buffer -- if you were at ten feet
or less, there is not going to be much sound from that side, because the whole -- and
where I'm thinking of is, this particular storage unit I was helping a friend -- it abuts
residential, but it's in the county, so I didn't care. No. But there is, you know, very low --
I'm sure there is sound, but I didn't know if -- it depends on the design if that -- or if we --
it's hard to -- hard to draw those all out. You got to make something fit, I guess.
Hood: And, Madam Mayor, we were -- we were trying to accommodate for the worst
case scenario here. We do have that drive aisle and roll -up doors facing the residential.
Certainly most of them do have, like you're talking about, it's internal it's two sided and
access to the units and they don't have the perimeter drive aisle, but that is a design
choice and depending on the size of a property they could potentially have a drive aisle
there. But, again, even then most of them aren't too -- they aren't as bad of a neighbor
as some of our other commercial users can be, so we think this, in most all instances,
should provide enough of a -- without going over the top, provide enough of a
separation in those uses.
Hoaglun: And if I'm in the residential area -- portion of it, having a 25 foot landscape
buffer certainly looks better, even if it's no concern about the sound, it makes it look
better, so --
De Weerd: Any other questions from Council on that?
Bird: I have none.
De Weerd: Okay. Caleb.
Hood: This is my last proposed change, but it's a biggie, at least in our discussion. We
probably spend more time on this one as staff and developers and any of the other ones
probably combined, although the bike rack is one we spent some energy on as well.
This one has to do with -- I'm sorry, I have two. The first one has to do with daycare
facilities and conditional use permits being transferrable from one proprietor to another,
not taking your daycare license and moving it somewhere else, but someone else
coming into that same location where a CUP was approved previously and you
operating that existing daycare and allowing that. Currently our code conflicts. One
section it says CUPS are transferrable from one owner to another and, then, in the very
bottom it says change in ownership of a daycare facility requires a new CUP
application, which didn't make any sense to us. It's the same business, just a new
operator. So, they will still have to do all the background checks and all that to do -- to
operate that business, but going through the CUP process, the planning side of things,
didn't make any sense. So, we are just proposing to allow someone to buy that
business or transfer that ownership of the CUP rights for daycares. So,. I apologize
had that one as well. The bigger one was a block face -- the maximum block face
length. This was one where measurement and interpretation and application was a little
bit -- we were a little bit inconsistent I guess I probably should say in the way we were
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applying the code. So, what we came up with is, essentially, a hybrid between what we
had on the books about two years ago and what's on the books now in the UDC for
maximum block length. What we proposed does reinforce our current standard of a
maximum 750 foot block face length, but it does allow special provisions that would
break up that block face. So, pedestrian pathways are open space -- excuse me --
other provisions like a 90 degree turn when you also provide some pedestrian
connectivity can constitute a break in block face and we did cap that at 1,200 feet
maximum. I do have one comment from Becky McKay on that and that's a concern of
hers -- although I cannot think of one instance in the city, one piece of property today
where with this standard you couldn't develop the property because of our max --
proposed standard to use a maximum block face of 1,200 feet, again, because you can
do a 90 degree turn in a roadway and constitute a block face length -- maybe I should
just pause. I mean a lot of the -- there is really two folds for our maximum block face
standards. One is connectivity for vehicular -- for vehicles and pedestrians and that's --
that's probably a bigger one than most people get caught up on. The other one that we
look at is really traffic safety and having these long, straight roads where even though
it's posted 25, people are going 40 in residential neighborhoods. So, this allows turns in
those or intersections where people -- drivers tend to slow down regardless of what the
speed is posted. So, having that maximum block length means that you're going to
have either intersections you're constantly going through and, again, you tend to slow
down and look both ways or pedestrian crossing or turns in the roadway and, again,
those curvilinear people tend to slow down. So, that's really the intent behind the code.
That being said, we did -- we did have some allowances in here where you can go up to
a thousand feet if you break up a block with like a mid block pedestrian micro path and,
then, up to 1,200 feet in length when you're abutting like railroad tracks or a canal and
it's really not feasible or practical to get either a roadway or a pedestrian crossing
across. You can go up to over a quarter mile. And, again, looking at citywide I cannot
think of an instance where this proposed standard would preclude anyone from
developing the property or even developing it efficiently for that matter. You can -- you
can bring in cul-de-sacs and connect those together with micro pathways and still have
some pedestrian connectivity. Anyway, there is some design things that one can do on
all properties. So, while I appreciate Becky's comment, I think we can get there within
the confines of the proposed text and I think we did some work on this and I'm pretty
proud of actually our solution to this issue and with that, Madam Mayor, Members of the
Council, I would stand for any questions you may have.
De Weerd: Council, any questions at this point?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: This last one, Caleb, just thinking through this, that 90 degree turn in the
roadway I guess if -- if Heron Ridge Estates that we just approved as a preliminary plat
-- annexation and preliminary plat, that had been a third of a mile through that gully,
valley, canyon, whatever you want to call it, then, they could have broken that up with
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that 90 degree turn and met the requirement? Because, otherwise, you're not -- you
don't -- pedestrian access isn't an issue, I mean you couldn't provide that, different
things like that. I mean that's a minor -- I mean just one example. I'm just thinking as
we move south -- as the city moves south we do get into some hills, so it's -- the
topography definitely has an impact on -- on things, on how they are laid out, so --
besides, engineers and designers, they want -- they just -- they are tired of doing cookie
cutter stuff, they want to do the exciting stuff now; right? So -- you want some
challenges. But would that work, if that was the situation at Heron Ridge, a 90 degree
turn?
Hood: Yeah. Madam Mayor, Councilman Hoaglun, I do think -- I mean if you didn't
have that collector roadway going through there, you couldn't even tie the -- again, the
cul-de-sacs in that situation basically across Basco Lane. And so you still allow a
pedestrian crossing there and you would have -- it's hard without having it on the map.
Yeah. A 90 degree turn constitutes a break in that block face. The thing we are going
to be looking at -- and, again, it's case by case, is is this appropriate or not. Is 90
degrees the right solution for that problem or not. This just says you can do it. Staff still
has the leeway to say, well, what about if you did this or with their design professional
kind of work through and see if it's the best design possible. So, it's -- the 90 degree
thing just allows an out. If there is no other way -- if you're -- if you have got a mile
along the railroad tracks and there is nothing else you can do, you can at least do a 90
degree turn and continue on for another quarter mile and drop it down 90 degrees and
-- at least that provides some break and you're not just a mile straight parallel with the
railroad corridor. So, that's -- I'm not saying that's the greatest design, either but that at
least allows the flexibility when there is no opportunities to go south, east, north or west
with other properties, so --
Hoaglun: Okay. Thank you.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the same subject and since it was Ms. McKay that -- that brought up this
one opposing subject, I'm remembering a project that she brought in and the issue was
that we measured the block length in some manner that actually incorporated three
sides of a block. It had something to do with -- we started counting if there was an
intersecting roadway or something like that. So, I understand her issue and I agree that
if say if there is a 90 degree turn that stops the -- that stops the measurement and that
would have solved the problem that she had in the one that I'm remembering, because
you were only measuring one face and not three sides of the block until we ran into
something else that we were measuring from. So, I think the 90 degree solves that. My
second comment would be where this would come up is on a preliminary plat, I think,
and a final plat and in general if you needed a variance you could apply for almost
anything on a preliminary plat -- what I'm saying is I don't think we need to add those
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words, because it -- I'm not saying you'd get it, but you can apply or do we exclude even
applications on some things?
Hood: Yeah. Madam Mayor, Councilman Zaremba, yes, we do not -- and that's where I
said at the very beginning of this section of the discussion, we have been fairly
inconsistent in our application and even enforcement of this. I do believe we have
processed variances for block lengths before, but state law doesn't say a variance is the
right tool to get there. Our code also doesn't -- a variance is not the right avenue to get
a waiver or a variance to your block length requirements. The code is the code. This
isn't one of those things like a setback or the height of a building or something that you
can ask for a variance to. So, even if we added it to this section we'd have to go into
our variance section and I would defer to Mr. Nary and see how consistent that is with
state code even on what you can apply for a variance for. State access to a roadway or
something, you can ask for a variance to. Block length is not one of those, so -- at least
not currently. But -- and if I can just on your flip point, the pods, I mean that's the
common -- that's what they call those where it comes in off a collector and does like a
lollipop around and comes back out. Yes, our block face is measured from an
intersection, but the 90 degree turn helps that, so you can still do that pod concept in
this code. Again, as staff we are still going to be looking at those going is there -- do we
still need some connectivity, though. Is that still appropriate. Yeah, for the block length
maximums you might be there, but is it still a good design. I mean how big is your pod
and how would someone get to the adjacent pod -- how far do they have to drive out of
their way -- that's a separate section of our code. This just deals with, again, primarily
those two things I pointed out earlier, the long, straight stretches of roadway and
interconnectivity, so -- and pedestrian interconnectivity, too, with multi -- with -- or our
pathways -- our regular pathways. So, you know, you got a variance if you want to talk
about that some more. I don't think it's appropriate to add that in here, again, because it
conflicts, but --
Zaremba: Okay. Now, I --
Hood: -- that was a comment.
Zaremba: -- I wasn't intending to open a whole new avenue of legal and stuff like that
and I think in the issue that we have in front of us, I think establishing the 90 degree turn
is where we stop measuring anyhow, so -- appreciate your work on that. Everybody's
work on it.
De Weerd: Okay. Anything further, Caleb?
Hood: If I may, just pick up on Councilman Zaremba's comment, I do want to thank staff
and, again, the development community that helps us come up -- make our code even
better than it is now and -- I know it's ever changing and we get called on some things
all the time, but I do appreciate people that -- that submitted support letters or comment
letters to this effect and worked with us on coming up with these standards. So, other
than that, Madam Mayor, no. Thank you.
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De Weerd: Okay. Thank you. Council, any questions at this point?
Bird: I have none.
Rountree: I have none.
De Weerd: This is a public hearing. Is there any testimony on this item?
Stanfield: I'm here at the right place at the right time.
De Weerd: Absolutely.
Stanfield: Scott Stanfield, Mason Stanfield Engineering. 826 Nampa, Idaho. 826 3rd
Street South, Nampa, Idaho. I want to go to the carport issue real quick. I have done a
lot of apartment complexes, multi -family in the valley, and the carports are creating an
issue with your public works departments water and sewer easements. Because you
can imagine on the drive aisle side we have our utilities in there and the sewer
easements are X many feet beyond the sewer line and happens to be below the
carports. So, public works is, you know, waving, well, we can't have the carport inside
the easement, well, then, we are short on the carports, because of the requirement I
can't make my drive aisle 20 feet wider, so I have a lot of asphalt. So, I welcome that
decreased carport. It allows you to cluster them and decreases the impact to public
works.
De Weerd: Thank you. Any questions from Council?
Bird: I have none.
Rountree: Not at this point.
De Weerd: Okay. Thank you.
Hood: Madam Mayor, if I can, just -- thank you, Scott, for that comment. Not only is it
public works, it's also fire has some similar concerns about access to the fronts of
buildings and typically what we are getting is structures in front of those buildings and
they need access as well. So, I failed to mention that in my presentation. It was in my
notes, but I'm sorry I failed to mention that in my verbal, but both public works, their
service lines, and fire for access also support this amendment, so --
De Weerd: Thank you. Any further testimony? Wow, it's pretty impressive.
Rountree: Good job.
De Weerd: Council, any questions for staff?
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Bird: I have none.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: No further public testimony, I move that we close the public hearing on Item
8-F.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-F. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Hoaglun: Madam Mayor, before we make a motion, I wanted to find out from Caleb --
Caleb, under that bicycle thing is there some language that we can come up with on the
fly that kind of covers that -- that deal? Not that anybody in Meridian might be utilizing
that right away, but there might be and it seemed to work out slick and I don't know if
there is something -- or if it's something we could just address later when the time
comes, but if there is -- I think you understood what -- what the issue was and so I don't
know if there is something we can come up with that kind of makes that -- makes that fit.
Hood: Madam Mayor, I apologize, I wasn't able to think on the fly and give my
presentation, too, so, you know, again, I think that -- unless perpendicular from a
building -- we can put that in there or we could even get unless otherwise approved by
staff or something like that even in there. That gives us some flexibility to -- to look at
that and that may be a little too much flexibility, but it still allows us to work with them
and at least the intent of that is still there and we can work with them on -- on meeting
that to make sure we can get the bikes in there to actually park them.
Hoaglun: Right. And, Madam Mayor, I was trying to play around with that -- unless bike
parking facility is affixed to the building and allows parking parallel to the building,
something like that. Just something that gives that description that there is another way
to do this, but if you do it this way we will probably allow you to do it, so -- something
along those lines. But I'm not -- I'm just a city councilman, I don't do planning and
zoning stuff like every day.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
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Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, we have to
bring it back in the final form, so we do have another shot at maybe some wordsmithing
of that and I do think we are talking -- I think it's really just trying to figure out if we -- if
adjacent gets us there, if abutting or perpendicular is more appropriate and it's kind of
the same as Caleb, I think -- I think this probably -- is probably one or two words or if it's
up to me 12 or 14 words that will fit in there just fine and make it make sense. But I
think -- we get one more crack before we bring it back to you and we will make sure we
point it out when we do.
Bird: We are not going to vote on the final now anyway, but --
Hoaglun: Okay. That will be good and I'm glad we don't pay Mr. Nary by the word.
Bird: We would be in trouble.
De Weerd: Anything further from Council?
Bird: I have nothing.
Rountree: Madam Mayor, is a motion to be made to move it forward? I so move.
Bird: Second.
Rountree: With the clarification on the bicycle item point five point whatever.
De Weerd: Okay. Any discussion on the motion? Madam Clerk, will you call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: I don't think I needed a roll call on that, but just thought I'd do it anyway.
Item 9-A is Resolution 13-920. Council, the chair of the Meridian Arts Commission and I
conducted interviews of the interested applicants and in front of you is -- is certainly my
honor to bring you Brian's consideration -- name in consideration for Seat 4. He has
been volunteering and participating on a regular basis on the Meridian Art Commission.
Certainly would be a valuable asset to the Commission. He has a strong interest and
certainly has already exhibited his dedication. So, I would ask if you have any
questions. If not, I would appreciate a motion on this appointment.
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Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Let's see, Brian has been involved with the Meridian Arts Commission and I'd
like to make a motion that we approve Resolution 13-920 appointing Brian Schreiner to
Seat 4 of the Meridian Arts Commission.
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, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
11171 iiiiiiiII11111 111111111111; 1111
Resolution No. '21: A Resolution Auth• • the Donation
of Household Items to the Idaho Youth Ranch
De Weerd: Item No. 9-13 is under our fire department, so I will turn this over to chief.
Palmer: Thank you, Madam Mayor and Council. We recently replaced the mattresses
and box springs that were due for replacement at two of our stations and we are
recommending that we donate those to the Youth Ranch.
De Weerd: And I don't want any jokes about mattress backs or anything like that. Any
questions from Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: You want to do the resolution now or am I ahead of you? I'm ahead of you.
De Weerd: You're ahead of me. If there is nothing further certainly you can.
Bird: I move that we approve Resolution No. 13-921.
Zaremba: Second.
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De Weerd: I have a motion and a second to approve Item 9-C. If there is no questions
from Council, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Parks and Recreation Department:Year 1 ••-I
Amendment Regarding Generations Plaza Water Feature
Remodel for a Not -to -Exceed Amount of $14,500.00
De Weerd: Item No. 9-D is our Parks and Recreation Department. Mike.
Barton: Madam Mayor, Members of the Council, the -- we have a budget amendment
before you for approval and it's to deal with the -- the downtown fountain in Generations
Plaza. When the fountain was originally installed it was intended for a -- as a decorative
feature and as the downtown areas become more active with people during the summer
months it's become a recreational water feature. The current sanitation in that fountain
will kill most organisms that -- it has a chlorine Broder, but it will not kill Cryptosporidium
and over the last couple of years, as I'm sure you're well aware, we have had outbreaks
in the valley and we have placed signage in the plaza to deter people from using that
water for recreational purposes and -- and every day we still see a lot of people using it.
So, the budget amendment that we have before you will pay for the initial design and a
statement of probable cost to see what it will take to get that -- that water feature up to a
safe standard. Our proposal will be to remove all the components out of a vault there
that staff has to enter to perform service. We will add a chlorine generation unit, better
filtration and ultraviolet light, which will kill Cryptosporidium. So, with that I will stand for
questions.
De Weerd: Thank you, Mike. Council, any questions?
Bird: I have none.
Hoaglun: Madam Mayor, just ask our legal counsel is this what they refer to as an
attractive nuisance?
Nary: Madam Mayor, Members of the Council, definitely it is an attractive nuisance. I
mean recreational immunity does apply in all of our park facilities for people using any
of our facilities for their intended purpose, but it does seem to make sense to make sure
it's at least as reasonably safe as possible for the public.
Hoaglun: Thank you.
De Weerd: Okay. If there is no questions from Mike, I would entertain a motion.
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Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve the 2013 budge amendment regarding Generations
Plaza water feature remodel, for a not to exceed amount of 14,500 dollars.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-D. If there is no
discussion, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
•1 1111111- - ••.
De Weerd: Item 9-E is under our Public Works. I see, Max, you're up. You call that a
prop. All exited to hear about this.
Jensen: Madam Mayor and Members of the Council, I stand before you tonight here to
provide you an update on the City Hall water feature progress. As you can see, we
have -- we have got the planting feature and we having been looking at planting -- all
the plantings and everything and we started to dig into the -- the weir that the water
actually comes out and collects into the pools and when we started removing the brick
where the weirs were there was -- there was water that kind of gushed out from the
parts that broke, so we continued on taking that apart, but there was water trapped
behind that brick. The more that we -- we looked into it, the -- the weir basin, as the
original plan shows, it's supposed to be cast into concrete and the weir basins were not
cast into concrete, they were -- there was a block out in the concrete where the weir
basins were going to be, so that created a potential water collection, the penetration
water, and also in the concrete. Those weir basins were also held in place with post -
installed noncoated metal angles. The weir basin was also supposed to be made of
aluminum with welded joints to prevent leaks. As you can tell, this is not aluminum.
These are pieces of --
De Weerd: It looks like a rain gutter.
Jensen: Yeah. These -- these are pieces of material that's very similar to a rain gutter.
And joints here and calking are every joint and connection to prevent the water from
leaking out, but calk only lasted so long. So, the water leaked through these
apparatuses, also to the pipe that was cast in the concrete. The uncoated metal clips
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that were holding this up as you can tell rotted off, eventually, it's not caught and that
rust is going to start coming out the front wall. So, staining the concrete on the front.
So, the piping to the rear basin, which is supposed to also be cast in concrete, there
was supposed to be one piece of pipe coming up with a threaded connection that
comes out into the same steel weir. The pipe and the fitting vary some with what the
plans call out. The last piece between the pump and the pipe to the weir basin is a
flexible rubber material, as you can tell, so it's flexible. The pipe that's in the concrete is
rigid, so when you take rigid and you glue it with a rubber material. Over time shrinking
and expansion pulls these and it breaks apart. So, part of the issue was with that joint.
Nor can we verify the -- the water stop that was supposed to be installed with that pipe
that's in the concrete because of the fact that's cast in concrete, so the water stop is
supposed to prevent the water from coming up the pipe at the connection and there is
no way to verify that at this point, because it's cast in concrete. So, it was very apparent
that water was collecting in the weir basins from the -- from the joints from the
construction, from the different materials that were glued together that were all
supposed to be one piece, so that's why things are on hold out there currently and we
are moving forward to address these unforeseen items. We are going re -pipe the weir
basins. Bring this pipe on the outside of the wall, up against the wall, and penetrate it
back through the wall where the existing weir basins are, due to the fact that we don't
have -- we don't know the conditions of the pipe that are actually installed in concrete.
All the connections are improper as well. And using the new materials is one less worry
about leaks. The re -piping on the outside of the wall will have a formed metal rigid
material around them, similar to appearance of a -- a ten by ten inch column the length
of the pipe. So, that would come up to about this tall up on the outside face of the wall.
Where this is going to occur also is a -- the location of the benches. So, that also will be
nice also, because that column will extend about 18 inches above the bench. So, most
of it is going to be behind the bench. So, once again, this will only protrude ten inches
out from the wall. We will have the -- the weir basins fabricated and connected properly
to the new piping. In the end we will come back and fill the void around the weir to
prevent the potential of water collections and penetrations. Portions of the additional
unanticipated work, as well as any future unknowns is difficult to predict for existing
conditions and may need to be updated as we progress through this process. The
additional work described to you tonight may range in the 20 to 30 thousand dollars and
may cause a six week delay before completion of this project, because of the fact that
we have to get on the fabricator's schedule now to construct these, not knowing exactly
how much of a load that they have it could potentially be delayed by six weeks. We
were looking at being completed by the first week of June. This would put it out to mid
August. Once, again, that depends on the fabricator's schedule.
De Weerd: Thank you, Max. I have just all kinds of comments that I could probably
say, but our attorney might get after me. I would like to know can we mail this to
someone.
Nary: You certainly can.
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Jensen: I think Bill said he had a water feature he was going to create in his backyard
and he wanted to use this.
Nary: My model for the backyard.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: What are we going to -- are we going to have ten vendors fabricate this out of
aluminum? Who is -- what trade is going to do it?
Jensen: Well, we will put it out to bid. I mean we could get --
Bird: It will be -- I mean, man, I think we could get it within six weeks. This is getting --
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: If we -- this delay as you mentioned, we have our first Concert On Broadway
coming up June --
De Weerd: 22nd.
Hoaglun: -- 22nd. Something like that. Somewhere in there. 22nd I think it is. You're
right, Madam Mayor. So, as I understand, that water feature won't be operational,
which is fine, because you turn it off when you have that, but it's not going to be a
construction zone, is it? Because, you know, we will have a lot of people on the plaza
and it will be something that will be safe?
Jensen: It, basically, won't look like -- it won't look like a construction zone. It's
basically called out at the point that it is right now because of the fact that we have to
get these back installed. We are not certain as far as what the design actually is going
to entail to do all the piping work. It's scheduled here to get these back installed, fill it up
and, then, put a barrier until these are in and the brick around it is laid, so we will come
back two or three different times and if the color is not matching, the texture is not
matching like they do it all at the same time.
Hoaglun: Okay. Thank you just for consideration. Keep in mind June 22nd is the first
Concert On Broadway, so just want to make sure it's not -- you guys are -- if it's like it is
now I don't think that should be a problem.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
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Zaremba: Two questions. The first -- I'm not sure I was following the discussion about
the pipe that will now need to be outside of the concrete structure.
Jensen: Correct.
Zaremba: Is that going to be on the front or what I would call the visible or is it going to
be on the back where the planters are?
Jensen: It will be on the backside, so as you exit these doors that wall -- that back wall
face is where that would be.
De Weerd: The visible side. The visible side.
Zaremba: You will see --
De Weerd: Yes.
Bird: But it will look nice. It will look like a column.
Jensen: They will be capped off just like the columns. It will be the same color as the
wall. Blend in. It will look just like a column.
Zaremba: I appreciate that.
Jensen: So, most of it's going to be hidden by the benches that are just right there as
well, so --
Zaremba: Thank you. Second subject. I don't know if I can volunteer him, but it would
be worth asking. Our parks department has a very creative metal fabricator.
De Weerd: Maybe not as creative as this.
Zaremba: Well, yeah, not as --
De Weerd: He might do it right.
Bird: Don't even go there.
Zaremba: But I just wonder if it might be worth asking if -- if he might be able to do
something quicker than somebody else could or if it's even possible. Maybe Mike can
shed some light on that.
Barton: Madam Mayor, Councilman Zaremba, we currently -- we don't have the ability
to weld aluminum at this time.
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Zaremba: All right. Thank you.
Hoaglun: But the governor took lessons. Maybe we could ask him. No. I guess not.
De Weerd: At this point we can only laugh. I mean --
Nary: But there are four of those, Madam Mayor -- you have off line four addresses to
get of those, you can certainly do that.
De Weerd: I'd say one at the district level and how many?
Rountree: Five. At the -- any further questions from Council?
Bird: Let's get her going.
De Weerd: Thank you for that wonderful update. We will not kill the messenger.
Jensen: I appreciate that. Thank you for your time.
Bird: Take your part with you.
Zaremba: Thank you for the visual aid.
Bird: Maybe we can use that as one of the yard pieces over here or something.
F. CommunityDevelopment: Regarding
-• • • ' - •
Final Plats on the City Council Agenda
De Weerd: Okay. 9-F under our Community Development Department.
Hood: Love to follow this one -- that one up with this report. Madam Mayor, we have
had some requests from some of the development community. In fact, one of them is
still hanging out with us. Mike Wardle is still here. He has asked us to look at the
consent agenda for -- specifically for final plats, although I have explored with Jonathan
Seal at least having the dialogue of maybe other potential projects that are -- that might
be good candidates for a consent agenda that aren't final plats. So, what we are asking
you tonight is to consider maybe having a consent agenda for final plats in which the
staff and applicant are in agreement with the staff report and the conditions of approval.
It would help facilitate some of your meetings where staff is giving a presentation on
something you have already approved at the preliminary plat stage, the conditions of
approval are really just reiterating the applicable conditions from your preliminary plat
and I don't have a percentage, but nine times out of ten there aren't any issues, yet we
still go to the effort of giving a staff report, the applicant coming up or at least nodding in
the audience saying I agree with the staff report, even though we may have something
in writing from them already saying they agree with the staff report and have no issues.
So, we have had the request. Sometimes they can sit through proclamations and other
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things here and it gets to be late in the night. We would still advise them to come to
those meetings when their applications are on a consent agenda if we go this way, just
in case the Council has questions and wants to talk to them or maybe someone from
the public is here and questions need to be -- need to be asked and answered. But we
would like to explore this as at least the city of Boise as been somewhat of a model in
this regard and use it in a similar way, although I understand they do it for other types of
projects, too, where applicants and staff are on the same page. But, again, I would
request that we explore a consent agenda for final plat. I don't recall having this
discussion with you before, but we had been getting new requests again to -- as our
agendas become longer and we see more development activity the request has been
made by a couple of different parties at least to see if the Council wouldn't be agreeable
to considering a consent agenda for final plats and probably pause there and see what
comments you may have and, then, if you're -- you think it's maybe a go I would explain
a little more details on how that would work.
De Weerd: Thank you, Caleb. You know -- and, Mike, it really is a ruse to get more
people attending those City Council meetings, so -- Council, any questions?
Rountree: I don't have any questions, Madam Mayor. I think it's a good idea.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I do think it's a great idea. The -- the piece that I usually listen for in the
presentation about final plats is this is significantly the same as the preliminary plat and
I guess the only question that raises, if it's significantly the same, then, staff would put it
on the consent agenda, is there some level that you have in mind of where it's not
significantly the same that it -- that it would be on the agenda, but not the consent?
What's your concept of where that dividing line is?
Hood: Yeah. Madam Mayor -- so, if I can, since just a couple of you seem to like this
idea, what we would do is give what I would propose to our staff is we move up our
deadlines for having our staff reports finalized and over to the applicant to give them two
business days to review the staff report and comment back to us. That would
correspond, then, with the clerk's deadline to set the Friday -- Friday agenda, so they
can go out the door. So, basically, close of business on Tuesday we would have staff
reports to the applicant, ask them to respond back to us by close of business on
Thursday. If we don't hear from them or if they have issues, if it's not in substantial
compliance or they have issues or we don't hear back from them, we will put it as a
regular agenda item. Now, we may hear back from them in between Friday and
Tuesday and we can -- but we will still give a little staff report and say we just didn't hear
back from the applicant, staff and the applicant are in agreement or we heard back and
these are the issues with the project, but the only way it lands on the consent agenda, if,
in fact, staff and the applicant consent by the time it goes to print. That's how we would
propose this work. Our hopes would be is that it lands on -- and, again, the two parties
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that I talked to -- Jonathan Seal was the other one that I talked to and Mike Wardle --
both committed to have 48 hours is typically more than enough time for them and
seemed reasonable to get the staff report and respond. But if by chance they respond
and -- you know, that same day and they re -read it over the weekend and they say, oh,
didn't read that one right, oops, they are requiring this, there is still an opportunity to
come on Tuesday night and say I want that off the Consent Agenda, I need to talk to
you about a condition. So, there is still that opportunity to go through that or if Council
has a question or concern we can certainly pull it off. But, again, 90 percent of them I
think we will be able to get through on a consent agenda. That's how I would at least
like to pilot this and see how it works. There may be some other way that works better
as we get into this and say, you know, we need to tweak this or let's put them all on the
consent agenda and we only take them off if -- I don't know. But this seems to be the
best way. So, I hope that answers your question. It doesn't -- just to be clear, it doesn't
get even scheduled for a recommendation for approval if it's not consistent with the
preliminary plat. Staff has to make the finding that it substantially complies with the
layout from the preliminary plat or there is going to be issues and it would not be on a
consent agenda, so --
Zaremba: That's confirmation enough for me. Thanks.
De Weerd: Any other questions from Council?
Bird: I have none.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, one other -- one other thought to
consider is that there are circumstances occasionally -- and I'm glad the way Caleb
phrased it -- that people might not get back to the staff as quickly as they should, but I
think it needs to be at least at the outset for the staff to strongly encourage the folks that
need to respond timely, so that we can set the agendas appropriately and not to wait
until Monday or Tuesday thinking, well, I will just come and ask you to move it to the
consent agenda on Tuesday. That will -- that really gums up how the meeting is set to
go and so we recognize that there are certain occasions where it may make sense,
even though it's set on a regular agenda, to move it to consent on a rare occasion, but
at least -- I think once people understand that they just need to be timely and we can --
we can accommodate the consent request, I think it will probably flow fairly normally all
the time. But I just wanted to bring that up, because sometimes when we agree to
move things to the consent agenda sometimes we have had people sort of wait until the
last minute thinking we will just do it for them all the time and that would really make it
more cumbersome for all of you, as well as for the staff. So, just something to make
sure you're aware of up front.
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April 23, 2013
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De Weerd: I think if -- if it sounds like it's fair to get the two days. If they don't it's on the
regular agenda.
Nary: Sounds good.
De Weerd: Any other comments from Council? Any comments from those who waited
for this item?
Wardle: Madam Mayor, Council, Mike Wardle with Brighton. This came up recently,
simply because staff was concerned about loading up your agendas. We had the
seventh phase of our Spurwing project and the fourth phase of Messina that we
submitted on the 3rd of April with anticipation in communication with staff that we would
be heard on the 7th of May, but because of, again, staff's concern about the length of
your agenda working with the clerk, it just appeared that maybe your workload was such
that it ought to be delayed out to the 21st of May and you have seen lots of projects
from us in particular, Brighton coming through -- our phases are smaller because of
markets in the past, but they are coming quite quickly and anything -- a five week even
to a seven week period starts to really cut into development and completion of projects
in a timely manner, when, in fact, our lot availability is really slim now in virtually all of
our projects. So, that's what kind of provoked begging the clerk is there any way that
these can be held to closer to the five weeks than the seven week and, hence, the
discussion. So, I appreciate the opportunity to at least bring that to your attention and
it's certainly not because I don't like to come to your meetings, although I can't claim
that I always pay a hundred percent attention to everything that transpires here, but it
just -- it just seems prudent, frankly, for your own time of -- on things that -- and our
process with staff has been perfectly described by Caleb, because we always get the
staff reports, we respond and provide copies to the clerk's office as well and so virtually
every application that has come through in the last several years you have something in
the record that comes to you with part of the packet that says applicant agrees or in a
couple of cases we didn't agree and so those were -- would be items that we would
have to have a discussion. So, I just wanted to let you know kind of how it came about
and how much we are -- we are really working on a lot of projects in the community.
De Weerd: Well, we appreciate you bringing this suggestion and certainly I know that
where we can find some better efficiencies we are very open for those.
Wardle: Thank you.
De Weerd: So thank you.
Hoaglun: Madam Mayor?
De Weerd: Any questions? Yes.
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April 23, 2013
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Hoaglun: I did. Mike, are you going to be sticking around for the next topic or are you
taking off? We are going to be discussing Council start times. Because if you feel like
taking off I -- the next agenda item, so -- you know.
De Weerd: Go ahead and ask.
Hoaglun: You know, would it be helpful if we started at 6:00 o'clock, instead of 7:00
o'clock for Council meetings? Or is that too early? I mean what --
Wardle: Madam Mayor, Councilman Hoaglun, no, it's not too early. Interestingly
enough, most of the other jurisdictions with which we deal are a little bit earlier and so
when I come to Meridian's councils I have to go find a really nice place to eat dinner --
Hoaglun: So, we are going to keep it at 7:00.
De Weerd: Well, you're making us jealous.
Hoaglun: Thank you, Mike. That's been very helpful to us.
Wardle: My apologies. So, a 6:00 o'clock meeting would, frankly, be -- would be great.
De Weerd: And, then, you will get dinner on your way out; correct? Okay.
Hoaglun: Thank you, Mike.
Wardle: Thank you.
De Weerd: Thank you.
Hood: Madam Mayor?
De Weerd: Yes.
Hood: If I can just add one thing. I would be remiss if I -- I think I mentioned Jonathan
and communicating with him, but he did send me an e-mail in support of this -- this
request tonight, too. So, I just wanted to formalize that. I will probably give it to the
clerk as well and she can put it in the record, but he does suggest and recommend to
Council to implement consent agenda for final plats. He goes on to say
noncontroversial items, he would also support that, but I just wanted to thank him on the
record for responding.
De Weerd: Oh, now that's an arbitrary one. Nonconflict. Any other comments from
anyone? Okay. Anything further from Council?
Hoaglun: Madam Mayor, those two on that side weighed in, I will weigh way that I think
it's a good idea to move forward with this.
Meridian City Council
April 23, 2013
Page 47 of 57
Bird: I don't have any problem with it.
De Weerd: Okay. Let's do it.
Rountree: If there are some potential others let's maybe combine them and hammer
this out together, but let's not protract it by doing that. It seems like it's something we
can do in -- relatively quickly.
De Weerd: We can.
Bird: And, Madam Mayor, we -- if they don't have it -- if they don't have their agreement
in by Thursday it's on the regular agenda. I don't care what they -- who they are or
what they do and we -- we got to stick to the deadline.
r Legal Department: • • • City
Council Duties
De Weerd: Okay. That's fair. We will turn this over to Bill with the Legal Department.
Nary: Madam Mayor, Members of the Council, I was asked to look at a couple of
different things and Council Member Hoaglun was good to bring up the first item. As we
were looking at internally as the election is approaching and the potential that we may
be adding additional Council members and in addition to the fact that we are getting
busier and your agendas are getting longer and many of you probably remember when
the agendas went until midnight fairly regularly, we wondered if you would like to -- now
I didn't bring that particular ordinance, because that's a pretty simply change, but
whether or not you would like to consider moving your start times to 6:00 o'clock, rather
than 7:00 o'clock, so your meetings, other than your workshop. The only other impact
that could have on you is that we do a lot of Executive Sessions that we try to put on the
front end of your meetings so to not have you stay even later at the end of the meeting.
That may mean occasionally we will have to meet at 5:00 o'clock. We were hoping to
not have so many Executive Sessions over the next couple of years, but I can't predict
that and so we just wanted your feedback on that particular point and whether we
should, then, bring up the ordinance changes and I will explain the little packet I just
handed you to consider and my thought was to bring back a department report on the
May workshop on these issues, so that we can completely vet them out and get them
back in front of you in a timely manner. Do you want me to talk about the other in front
of you or do you want to talk about the start times first?
De Weerd: Let's go ahead and start with the starts times.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Meridian City Council
April 23, 2013
Page 48 of 57
Zaremba: I have no problem with moving to a 6:00 o'clock start time on what has been
our 7:00 o'clock meeting. You mentioned, though, working the Executive Sessions
around that. Part of the reason for trying to get Executive Sessions before the meeting
is not just us, but sometimes professional consultants or an attorney or somebody
needs to be brought and it's pretty expensive to call them in at 11:00 o'clock at night.
So, that might be the only drawback to that, but for me personally 6:00 o'clock would be
fine.
Nary: If I could speak to that. Rarely is there a problem on getting somebody -- an
outside person to be here at whatever time we ask them to be here. I do try to
coordinate that to your agenda to make sure we, you know, stagger that to make sure
we don't waste their time. To be honest with you, I do tend to pick the most expensive
people and have them come first, so that we can get them out the door a little quickly,
but -- just depending on what it is. But we do try to make sure we manage that and
schedule that, so that we don't waste their time or your time or the cost of that.
De Weerd: You don't try and pick the most expensive people. That came out kind of
wrong.
Nary: We don't -- we try to make sure that whoever we might be paying the most to we
get done with quickly --
De Weerd: You prioritize that, yeah.
Nary: -- so we prioritize, yes. Sorry. Thank you, Madam Mayor.
De Weerd: I think it's a general feeling that we are in favor of moving to 6:00 o'clock.
Bird: It don't bother me.
Rountree: I think the reason we were at 7:00 is because of some folks work status
and it was a little easier to leave work at 6:00 or so when you had to work a little extra
and get back to the city, but not an issue for me now.
Bird: I would definitely like to the keep executive sessions before. I think there is a lot
of things that you go over the agenda that you get -- you can get through the agenda
faster when we get through them. We got stuff on there we don't need on there by the
time Council gets back to the meeting.
Nary: All right. We will make that change and, again, partly I think to answer your
question, too, Council Member Rountree, we thought if we were to add new people they
would know going in when the change was, what times the meetings were, so that they
could plan accordingly, so -- all right. We will bring that. And so I'm just going to just
briefly tell you what -- the ones that are in front of you now, so that you can look at it.
You don't have to make a decision on all of them, you certain can discuss anyones you
wish. The first one that's in your packet -- you have a clean copy and a red line copy is
Meridian City Council
April 23, 2013
Page 49 of 57
what I did. I provided both so you could see what the ultimate ordinance would look
like, as well as what the red line copy looks like now. Under the qualifications to be on
the City Council it is unclear in our city code or the state code that you have to live in the
City of Meridian to actually be on your city council. That seems a little counter -intuitive
to me and I'm sure to all of you. The state code states that they must be an elector and
an elector is based on the state definition of residence where you have to reside and so
that's the problem. In the city code, because it's pretty old, they never really tried to put
those two together, but there are some constitutional provisions about voting in domicile
and that's why Ms. Kane came up with some definitions that we are still going to work
on and that's why I'd like to bring that back on the 14th to discuss it further, but we
wanted to make sure it was clear that you do need to have a legal residency within the
city to serve on at least this board, as well as to be the Mayor and the Mayor one is a lot
clearer than the other -- than the City Council. So, that was the intent of that first one,
we just want to make sure it's clear. I don't think we have ever elected anybody that I'm
aware of that didn't live in the city, but we wanted to be sure we didn't have that come
up in the future.
Zaremba: Madam Mayor?
Bird: We have taken the limits to the house so they could be on the Council back in the
70s.
De Weerd: Mr. Zaremba.
Zaremba: I just -- you actually said legal residence, but this does not really require that
and I -- my question was going to be under definitions of domicile can we add some
kind of a phrase that says it complies with our zoning ordinance or something, so that
we don't have somebody who lives in a business zone residence apply?
Nary: Madam Mayor, Members of the Council, that's -- that's what Ms. Kane is working
on is there are a lot of 9th Circuit cases and U.S. Supreme Court cases regarding who
can live where and what kind of place they have to live in to qualify to both vote and to
serve and so we, obviously, want to make sure we are compliant with that. So, this is
really draft language, this is the initial brush she looked at, but we want to make sure we
have covered the constitutional allowances that people have to being able to vote and
be consistent with the state code as well. So, again, I'm hopeful by the time we come
back on the 14th to make it clearer. We, obviously, don't want to bring something to
make it muddier --
Zaremba: It has to be a legal remedy.
Nary: -- or more problematic. Yes. We don't want to make it worse, we just want to
make sure it's clear. So, this is just to bring it to your attention and we will bring it
back --
Zaremba: Or lives in a hotel or something. Okay. Thank you.
Meridian City Council
April 23, 2013
Page 50 of 57
Nary: The next item is 1-7-6, which is assignment of department liaisons and you will
notice that this is probably one of the more red lined ordinances and that's because our
code goes back to the late '90s when your system was operated differently of Council
and Mayor. You had a part-time Mayor and part-time Council Members at the time and
the method that they operated the city was very different than it's operated today. Back
then they had commissioners of departments and the department commissioners
actually had oversight and personnel responsibilities that are not consistent with the
state code for City Council members. What we have provided to you to review is more
consistent both with your current practice of departmental liaisons, so you have people
that each of your Council -- each of the Council Members are appointed to a particular
department and, then, the purpose of that is, again, to make sure compliance such as
statutory responsibilities you have requirements you have as Council Members in
regards to the budget, adherence to financial policies, adherence to spending, budget
amendment, budget transfers, to make sure that you -- and purchaser orders to make
sure that the departments are meeting those requirements under the policies that you
have set and there may be more, but this is the initial draft we took. There may be a
little bit more language on clarifying the policies and responsibilities, so we felt there
wasn't a need to regurgitate the state code, which has a lot of that same language, but
these were ones more specific to how you currently operate and, again, the current
operation is more consistent with state code and that's why that's in front of you, so --
De Weerd: Council, any questions at this point? I know this is really for your review
and we will bring it back for discussion.
Nary: The next one, Council, is 1-7-7 and this one is just really more of a cleanup
ordinance. There is some -- some language in the ordinance that's unclear about the
process of the public hearing. It's, again, not very complicated and it really is more of a
cleanup. There was a section about making it illegal to interrupt the person speaking,
but that's really the chair's responsibility is to manage how the meeting is being run,
who is speaking, when they are recognized, when they are not, it didn't seem to make
sense to make it illegal to interrupt the speaker. So, again, these are things for you to
review and if you have other questions or concerns you'd like us to bring it back on the
14th for discussion. The last item is 1-7-8 that's in front of you and, again, this is just
duties and responsibilities of both the president and vice-president of the Council.
Again, most of it is very cleanup oriented in regards to how your -- how your positions
operate currently, so they are not in conflict with both the state code or your practice.
There is some language about being the Council president, how often that could be.
There was some cleanup there. Some of it was really archaic, because it talked about
who could vote and if they didn't vote and if they voted this way, then, you'd have to
vote differently -- it's very -- it's more complicated than it needed to be. Some lawyer
must have written that part I'm sure. The last was also, too, that we have occasionally
-- rarely, but occasionally have run into situations where the Mayor is currently
unavailable -- the state code designates specifically that the president of the Council act
in the Mayor's place in the Mayor's absence and that's all the state code addresses.
Our code says the vice-president acts in case the president isn't available. Once in a
Meridian City Council
April 23, 2013
Page 51 of 57
great while that's happened. Once in a greater while both of those people aren't
available and neither is the Mayor. It's unclear who is supposed to do anything at that
particular point if there was a necessity for that. So, this simply states that the senior
member of the Council would do that. I know it seems kind of silly that the last thing is if
it's a tie there it's a coin flip, but Idaho is a coin flip state and if it's a tie that's how you do
it. So, it was just a way to clear up any kind of an issue, more for the emergency
management and such. The other thing we would be bringing back to you on the 14th
or -- as we have gone through these we have other sections of our code that are fairly
outdated in our codes as well and so on the 14th I was going to bring that back again for
your review and discussion at that point or a later point and some of the department
appointed officials. There is language in there, so of it's very relevant, some it's not. If
you recall we spoke a few years ago, there is some specifics as to your finance director
and the responsibilities they have, some of the timelines that actually are only governed
by your code and nothing else and aren't really practical and we made a decision a
couple of years ago to wait until we decided a rewrite was necessary, rather than keep
bringing pieces. So, Ms. Kane from my staff has been working on it to bring in one
larger collection of ordinances. I didn't feel that was necessary tonight, we wanted to
focus on the Council responsibilities or Council ordinances, but we will be bringing that
back probably on the 14th for, again, your introduction and review and, then, we could
bring those for passage at a later date as well.
Rountree: Very good.
De Weerd: Okay. Thank you, Bill.
Nary: Thank you.
Rountree: Long overdue.
H. Mayor's Office: State of the City Budget Amendment for thz
Not -to -Exceed Amount of $12,455.00
De Weerd: Yeah. It is. Okay. Item 9-H.
Simons: Thank you, Madam Mayor and Council. I will try to be quick and brief this
evening, but this is our budget amendment that we do annually after we have done the
State of the City, pay our bills and look at the receipts that come in. We are asking for
12,455 dollars in additional spending authority. I think one of the main things to note
from this year that we are going to be doing with that money is the Arts Commission is
going to be doing an RFP for the Meridian Road interchange rebuild are project. They
have agreed to take on that project forthwith and, then, you will see the other items that
are being proposed for this year and with that I'd stand for any questions.
De Weerd: Council, any questions?
Hoaglun: Madam Mayor?
Meridian City Council
April 23, 2013
Page 52 of 57
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the State of the City budget amendment for the not to
exceed amount of 12,455 dollars.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 9-H. Any questions from
Council? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
1. Mayor's • _Events- - - --. Amount of $11,750.00
Simons: Madam Mayor, Members of the Council, the second one is hard at work
finding lots of support and sponsors, along with Sergeant Gonzales to pay for things
such as the Treasure Valley Youth Summit, which is taking place in two days. They
have over -- well over 200 people signed up. We are only supposed to have 200 people
attend, but we should have about 230 people corning, but between that and their NOIS
event that they did, the STAND grant for their event at Big AI's, which is covering all
those expenses --
De Weerd: You're good with the acronyms.
Simons: Yes. Thank you. They just won't quit. So, they raised this money, they have
got some good events, and they have all kinds of questions.
De Weerd: I would just add -- I certainly appreciate Sergeant Gonzales and his interest
and passion for the national organization on youth safety and the sponsors he helped
us find so we could send our youth back to Washington DC and learn more about this
distractive driving and teen driver safety, in addition to the STAND, which is Supporting
Teens Against Nicotine Dependency and what they did with the partnership with Big AI's
and that was -- that was a very well attended event from our youth and our youth
summit -- our Mayor's Youth Advisory Council reached out and it's a Treasure
Valley wide summit this year and we have had just tremendous business support,
people coming -- stepping forward to sponsor these events, so it's -- all costs are
covered. It's just been phenomenal. And certainly Ken's leadership, his passion for our
kids and making sure that he can put these events on with the resources he needs to
make it meaningful is greatly appreciated as well. So, I do think that it was worth
spending a little bit more time to make sure you knew that this is hard work from some
Meridian City Council
April 23, 2013
Page 53 of 57
individuals in our city that care about our youth and want to make sure that they have
what they need to -- to step forward and learn and be leaders. Any other questioned on
this item? Do I have a motion?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the MYAC community events and travel amendment for
the not to exceed amount of 11,750 dollars.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 9-1. Madam Clerk.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
1. Reading •Ordinance • 'Large -Scale Special
Events Update to Temporary Use Code
De Weerd: Thanks, Robert. Okay. Item 10-A is the third reading of Ordinance 13-
1549. Madam Clerk, will you, please, read this by title only.
Holman: Sorry. I thought I was going to have to talk first. I'm not prepared. Okay. City
of Meridian Ordinance No. 13-1549, an ordinance of the City of Meridian amending
Meridian City Code Section 3-4-1 relating to the definition of special events. Amending
Meridian City Code Section 3-4-3A6D relating to standards for denial of temporary use
permit applications. Amending Meridian City Code Section 3-4-3C6 relating to large
scale special events and providing an effective date.
De Weerd: Do you have any comments to this item?
Holman: Madam Mayor, this is just -- to summarize, this is the ordinance that we have
been speaking it out for the last few weeks and it's just helping us identify large scale
special events providing greater limits for obtaining insurance for these events, setting
the -- the deadline out to 60 days for a complete application and, again, asking the
applicant to come in two weeks before that to sit down for this pre -application meeting.
De Weerd: Thank you. You have heard this ordinance by title only. Is there anyone
who would like to hear it read in its entirety? Seeing none.
Bird: Madam Mayor?
Meridian City Council
April 23, 2013
Page 54 of 57
� — — Z 11111111k,71 N 001 Wo
Bird: I move we approve Ordinance No. 13-1549.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Second
•• • Third Reading
•' • • Ordinance •
Ordinance Amending Title 4, Public Health & Safety, Chapter
Sanitary Service System, ofthCity e MeridianCode, for the
purpose of including Definitions for Commercial Recycler,
Commingled Recyclable Material(s), and Source -Separated
Recyclable
l • •` add "Or Commercial
to And to • •I4-1-11 Commercial
Recycling Exemption; and Re -assign the existing Section 4-1-
:, • to Section •Re -Assign
existingSectiontoSectionand
Providing
••• Effective Date
De Weerd: Item 10-B is the second and third reading of Ordinance No. 13-1551.
Madam Clerk, will you, please, read this by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance 13-1551, an ordinance
amending Title 4, Public Health and Safety, Chapter 1, Sanitary Service System of the
Meridian City Code, for the purpose of including definitions for commercial recycler,
commingled recyclable material and source separated recyclable materials in 4-1-3 and
to add: Or commercial recycler to 4-1-10H and to add a 4-1-11, commercial recycling
exemption. And reassign the existing Section 4-1-11, nuisance declared, to Section 4-
1-12 and reassign the existing Section 4-1-12 penalty to Section 4-1-13 and providing
an effective date.
De Weerd: You have heard this ordinance by title only. Anyone who would like to hear
it read in its entirety? Seeing none.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
April 23, 2013
Page 55 of 57
Bird: I move we approve the second and third reading of Ordinance No. 13-1551.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 10-B. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
C. Ordinance Amending
Boards and Commissions, Chapter 7, Board of Adjustment of
the Meridian Code, SectionrHearingProcedures,for the
Twenty-
EightPurpose of Amending 2-7-613 to Add a New Thirty (30) Day
Filing Deadline to Submit a Request for Hearing before the
Board of Adjustment from the Dated Notice of an
Administrative Denial of a Request for a Billing Adjustment;
and Amending 2-7-6C to Add that the City Clerk has Authority
to Schedule a Hearing on an Alternative Date from the Regular
Scheduled Hearing Date and Time for Board of Adjustment,
Days FromNext Regularly • • •
•Providingan EffectiveDate
De Weerd: Item 10-C is Ordinance 13-1553. Madam Clerk, will you, please, read this
by title only.
Holman: I will. City of Meridian Ordinance 13-1553, an ordinance of the City of
Meridian amending Title 2, Boards and Commissions, Chapter 7, Board of Adjustment
of the Meridian City Code, Section 6, Hearing Procedures, for the purpose of amending
2-7-613, to add a new 30 day filing deadline to submit a request for hearing before the
Board of Adjustment from the date of notice of an administrative denial of the request
for billing adjustment and amending 2-7-6C to add that the City Clerk has authority to
schedule a hearing on an alternative date from the regular scheduled hearing date in
time for the Board of Adjustment, provided the hearing is scheduled not later than 28
days from the next regularly scheduled meeting 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? Seeing none.
Bird: Madam Mayor?
Meridian City Council
April 23, 2013
Page 56 of 57
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 13-1553 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 10-C. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES
D. Ordinance • •(Legacy
011) for the -- the _
portion of •ts 16 and 18, Block 1 of •n Addition to
Meridian,•wn in Book 12 of Plat at Page 718 records of
Ada County,• • portion of • • of • of
Nidays Second Addition • • Meridian as shown•• of
Plats at Page 594 records of Ada County, Idaho and adjoining
right-of-ways. Situate in the northeast quarter of the northeast
quarter •n 12, Township 3 North,Range -Boise
Meridian, Ada County, Idaho
De Weerd: Item 10-D is Ordinance 13-1554. Madam Clerk, will you, please, read this
by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1554, an
Ordinance RZ 13-001, MGT Legacy Church for the rezone of the south 55 feet of Lot 15
-- Lot 15, Lot 17, a portion of Lot 16 and 18 of Wilson Addition in Meridian as shown in
Book 12 of Plat at page 708 records of Ada County, Idaho. A portion of Lots 1 through
4, Lots 5 through 8, of Block 4 of Nidays Second Addition, OT, Meridian, as shown in
Book of Plats at page 594, records of Ada County, Idaho, and adjoining right of ways,
situated in the northeast quarter of the northeast quarter of Section 12, Township 3
North, Range 1 West, Boise meridian, City of Meridian, situated in Ada County, Idaho,
and adjacent and contiguous to the corporate limits of the city of Meridian, as requested
by the City of Meridian, establishing and determining the land use zoning classification
of OT, Old Town Zoning District, in the Meridian City Code, providing that copies of this
ordinance shall be filed with the Ada County assessor, the Ada County recorder and the
Idaho State Tax Commission as required by law and providing for a summary or the
ordinance and providing for a waiver of the reading rules and providing an effective
date.
Meridian City Council
April 23, 2013
Page 57 of 57
De Weerd: Now didn't that sound interesting. Is there anyone who would like to hear
this read in its entirety?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve Ordinance No. 13-1554 with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve Item 10-D. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 11: Future Meeting Topics
De Weerd: Under Item 11, any future meeting topics for consideration?
Bird: I have none.
De Weerd: Okay. I would entertain a motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED At 9:34 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR T j Y DE WEERD DATE APPROVED
4�O�ATD AUGLs�l
ATTEST:
City of
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Item 8A: Knightsky Estates (VAR -13-001)
Application(s):
Access Variance to Chinden Boulevard
Summary of Request: Council continued the public hearing predicated on the applicant submitting a detailed exhibit showing the
proposed access could be accommodated within the ITD right-of-way. Since last week's hearing, ITD has confirmed the proposed
access and the decal lane could be accommodated in the dedicated ROW.
Notes:
Item 813: Thompson Farm (A-13.004)
Application(s):
Annexation & Zoning
Size of property, existing zoning, and location: This site consists of 2.38 acres, is currently zoned RUT in Ada County, and is
located on the SWC of E. Central Drive & S. Locust Grove Road at 975 S. Locust Grove Road.
Summary of Request: The applicant requests annexation & zoning of 2.38 acres of land with a C -C zoning district consistent with the
FLUM designation of Commercial. There is currently a single-family dwelling & associated outbuildings on this site. The applicant
requests hook up to City water & sewer service for the existing home & one of the outbuildings. A couple of conceptual drawings have
been submitted showing how the property could redevelop in the future; however, there are no plans to redevelop the site at this time.
The use of the site is proposed to remain residential. For this reason, staff recommends a zoning designation of R-2 (low density
residential) consistent with the existing & continued residential use of the property rather than C -C as requested.
Upon redevelopment of the site, the property should be rezoned to a commercial district in accord with the Commercial FLUM
designation. The existing home is required to hook-up to City services within 60 days of the annexation ordinance approval.
Commission Recommendation: Approval (w/R-2 zoning)
Summary of Commission Public Hearing:
i. In favor: Sam Johnson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Sam Johnson (in agreement w/staff report)
Key Issue(s) of Discussion by Commission:
i. None
Key Commission Change(s) to Staff Recommendation:
i. Based on the applicant's request & staffs recommendation, the Commission recommends comment #2.21 pertaining to
street lights is included as a DA provision for requirement upon redevelopment of the site (see DA provision #1.1d).
Written Testimony since Commission Hearing: None
Outstanding Issue(s) for City Council: None
Item 8C: Oak Leaf Subdivision (PP -13-005)
Application(s):
Preliminary Plat
Size of property, existing zoning, and location: This site consists of approximately 10.10 acres, is currently zoned R-2, and is
located north Chinden Boulevard, approximately a'/4 mile east of N. Black Cat Road.
History: In 2006, the subject property was annexed as the Tree Farm (AZ -06-004) and was granted approval with the R-2 zoning
district. A Development Agreement (DA) (#106151218) was executed upon annexation of the property. Several addendums to the DA
have also been recorded (#107025555 and #107141993).
Summary of Request: The proposed preliminary plat consists of four (4) residential building lots and two (2) common on 10.10 acres
of land in an R-2 zoning district. The proposed lot sizes are in excess of an acre and the proposed gross density of the subdivision is
0.40 dwelling units per acre is consistent with the R-2 zoning district. All the lots comport to the dimensional standards of the R-2 zone.
The existing home is to remain with the development of the subdivision and is required to hook-up to urban services.
Access is provided from a stub street to the south and terminates in a cul-de-sac. The plat complies with the10 percent required by the
UDC. The proposed amenities are two picnic areas on the passive open space lots.
Elevations were submitted with the application. Staff has created a collage that represents the proposed home designs for the
development. Staff is supportive of the construction materials and design features represented in the collage. Future homes
constructed within the subdivision must comply with the elevations.
Commission Recommendation: Approval at the March 21St public hearing
Summary of Commission Public Hearing:
i. In favor: Barry Simple
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
Key Issue(s) of Discussion by Commission:
i. Connecting existing home (Lot 4, Block 1) to City utilities.
Key Commission Change(s) to Staff Recommendation:
i. Modified condition of approval 1.1.6 changing the word shall to may.
Written Testimony since Commission Hearing: Barry Simple, Applicant's representative
Outstanding Issue(s) for City Council:
i. Connecting the existing homes on Lot 4, Block 1 to urban services (water and sewer) and the timing for the connection.
Since the P/Z hearing, the applicant has submitted with a detailed letter and exhibit for providing City sewer to the
property. Staff is amenable to the proposal however; timing for the service connection is predicated on the development
of the adjacent property to the east and the consent of the property owner. Staff recommends condition 1.1.7 be
modified to allow the future connection of the sewer as proposed in the exhibit. The existing home must connect
to city sewer with the development of the property to the east (future phase of the Spurwing Greens
Subdivision).
Notes:
Item #8D & : Heron Ridge Estates Subdivision (AZ -13-002; PP -13-006 and ALT -13-007)
Application(s):
Annexation
Preliminary Plat
Alternative Compliance
Size of property, existing zoning, and location: This site consists of 10.10 acres, is currently zoned RUT and R1 in Ada County,
and is located at north of Chinden Boulevard; approximately Y2 mile east of N. Black Cat Road.
Summary of Request: The applicant has applied to annex and zone 10.10 acres (two parcels) and preliminary plat approval of 16
residential lots and 5 common lots on 9.76 acres in a proposed R-2 zone. Gross density is 1.65 du to acres consistent with both the
requested zoning designation and comp plan. The plat is to develop in two (2) phases.
Phase 1 consists of 10 residential lots and access will be provided from the extension of N. Moon Drummer Way.
Phase 2 consists of 6 residential lots and access is planned from the extension of W. Sugar Tree Drive. N. Jayker Way (collector
street) will be extended at the terminus of the Phyllis Canal and both local streets terminate in cul-de-sacs. No additional stub streets
are required with the parcels to the west or east; no additional stubs are being required for this application. Currently Phase 2 has no
access to it, but a subdivision is planned in the near future that will provide the connectivity. The applicant and the adjacent property
owner are coordinated on the street connection. Development of phase 2 is predicated on access being provided to the site.
The plat complies with 10 percent open space required by the UDC. Open space consists of 8 -foot wide parkways, passive open space
with lot and collector street buffers. The proposed amenity is a gazebo on Lot 11, Block 1 and a10 -foot wide pathway is proposed for
the east side to N. Jayker Way. A portion of the required landscape buffer cannot be accommodated on the west side of N. Jayker Way
due to the topography in the area therefore, the applicant has requested alternative compliance and has proposed a wider buffer along
a portion of the west boundary and east boundary of N. Jayker Way.
Elevations were submitted with the application. Staff has created a collage that represents the proposed home designs for the
development. Staff is supportive of the construction materials and design features represented in the collage. Future homes
constructed within the subdivision must comply with the elevations.
Commission Recommendation: Approval at the March 21St public hearing
Summary of Commission Public Hearing:
i. In favor: Scott Stanfield
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
Key Issue(s) of Discussion by Commission:
i. None
Written Testimony since Commission Hearing: None
Outstanding Issue(s) for City Council: None
i. None
Notes:
Item 3F: UDC Text Amendment (ZOA-13-001)
Application(s):
Zoning Ordinance Amendment
Summary of Request: The Community Development Department requests approval to amend the text of certain sections of the
Unified Development Code (UDC) pertaining to block length, multi -family parking, storage facilities, bicycle parking facilities, street
knuckles, and other miscellaneous clean-up items as detailed in the staff report.
Written Testimony: Becky McKay (objects to the proposed language in 11 -6C -3F.4 which states, "In no case shall a block face
exceed 1,200 feet in length." She proposes adding the following language, "... unless a variance is approved by the Meridian City
Council."
Note; A variance only applies to requests to vary from the requirements with respect to lot size, width and depth; front, side, and rear
setbacks; parking spaces; building height; all other provisions affecting the size & shape of a structure or the placement upon
properties; and the placement and/or number of access points to state highways.
Commission Recommendation: Approval
Summary of Commission Public Hearing:
i. In favor: Caleb Hood
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Becky McKay, Matt Swain and John Price
Key Issue(s) of Discussion by Commission:
i. None
Key Commission Change(s) to Staff Recommendation:
i. None
Written Testimony since Commission Hearing: None
Outstanding Issue(s) for City Council: None
DATE: April 23, 2013 ITEM NUMBER: 5A
UU111111tu"
Approve Minutes of April 2, 2013 City Council PreCouncil Meeting
•
111111 1111 iiijpiqi��Iq IIII 1 11
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT I
NOTES
INITIALS
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DATE: April 23, 2013 ITEM NUMBER: 5B
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Approve Minutes of April 2, 2013 City Council Regular Meeting
MEETING NOTES
i 1111011111111 1119
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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DATE: April 23, 2013 ITEM NUMBER: 5C
I-agem
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Approve Minutes of April 9, 2013 City Council PreCouncil Meeting
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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DATE: April 23,2013 ITEM NUMBER: 5D
11111:01liTiIIIII-11101"
Approve Minutes of April 9, 2013 City Council Workshop Meeting
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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*ATE: April 23,2013 ITEM NUMBER: 5F
WATUNfl-M
CableONE Movie Night in Meridian 2013 Single -Night Sponsorship Agreement Between
Idaho Central Credit Union and the City of Meridian for a Not -to -Exceed Amount of
$350.00
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CABLE
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Meridian Settlers Park
01 1' M
This CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SINGLE -NIGHT
SPONSORSHIP AGREEMENT ("Agreement") is made on this 2.6 day of A vrt\, 2013
("Effective Date"), by and between the City of Meridian, a municipal corporation organized-
under
rganizedunder the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho
("City"), and Idaho Central Credit Union, whose address is 4400 Central Way, Chubbuck, ID
83202 ("Sponsor"). For good and valuable consideration and in consideration of the mutual
promises and covenants herein contained, City and Sponsor agree as follows:
1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and
shall be recognized as, the Single -Night Sponsor of City's July 19th, 2013 installment of the
weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring
to Sponsor throughout the term of this Agreement shall include those enumerated for Single -
Night sponsors in the CableONE Movie Night in Meridian 2013 Sponsorship Packet,
attached hereto as Exhibit A.
2. Payment. By 5:00 p.m. on April 30th, 2013, Sponsor shall prepay to City three hundred and
fifty dollars ($350.00). In the event the Sponsor fails to pay this amount in full in a timely
manner as provided herein, City may terminate this Agreement in the manner therefor as set
forth herein. In the event that the CableONE Movie Night in Meridian program is
discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is
shown, no portion of the amount prepaid shall be refundable, though City shall issue a
raincheck to Sponsor for redemption as a Single -Night Sponsor in the following season. City
shall make all decisions regarding scheduling. In the event that the CableONE Movie Night
in Meridian program is discontinued, or the showing is cancelled or shortened after
Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable,
and no raincheck shall issue.
3. Promotion.
a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake
the promotional and advertising efforts enumerated for Single -Night Sponsors in the
CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit
A.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6
b. Promotional Item Limitations. The sale or distribution of any food, drink, or other
promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie
Night in Meridian 2013 Sponsorship Packet attached hereto as Exhibit A, shall not be
permitted without prior written permission from City. Such permission may be withheld
or revoked at any time and for any reason. City may also, at any time, require that
Sponsor discontinue the distribution of any promotional item that City deems to be
negatively impacting concessions sales or deems not to be appropriate.
c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any
time, any audio, video, or written material submitted, used, or created by Sponsor. Any
pre -approval by City.shall not be considered a waiver of the right to revoke or edit any
such material during the term of this Agreement. Further, Sponsor warrants and
represents that, as to all content of the video pieces created or produced pursuant to this
Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless
City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses,
of any nature whatsoever, including attorneys' fees, for which the City may become
liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other
content, including but not limited to claims for libel, violation of privacy, plagiarism, or
copyright violations.
4. Term. The term of this agreement shall be from the Effective Date through September 1,
2013, unless earlier terminated by either party by the method established herein.
5. Cancellation; scheduling. The parties acknowledge that the 2013 CableONE Movie Night
in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie
showings during June, July, and August, but cancellation of any or all movie showings may
be necessary due to weather or other conditions or circumstances. City shall have sole
responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in
Meridian and all movies and activities related thereto, including any and all related activities
by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space,
the management and scheduling of which shall at all times be within the sole purview of
City. Any right or privilege granted to Sponsor by this Agreement shall include neither the
right to exclude any law-abiding person from. CableONE Movie Night in Meridian, nor the
right to interfere with any person's concurrent, lawful use of Settlers Park where such
concurrent use does not conflict or interfere with Sponsor's use,
6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or
damage of any equipment, materials, or personnel used or employed by Sponsor in the
furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise
of the rights or the furtherance of the obligations described herein. Any and all insurance of
each party's respective property and personnel shall be the sole responsibility of that party.
Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's
insurable interests for Sponsor's rights and obligations described within this Agreement,
including, but not limited to, liability insurance, automobile insurance, worker's
compensation insurance, and/or property insurance.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6
7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name
for purposes of advertising, marketing, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided that
Sponsor shall not use City's logo for any purpose without the express, written permission of
the Mayor's Executive Assistant.
8. Termination.
a. Termination for cause. If either Party determines that the other has failed to comply
with any term or condition of this Agreement, violated any of the covenants, agreements,
and/or stipulations of this Agreement, engaged in any act of misconduct in the
performance of this Agreement; or if either Party willfully or negligently defaults in, or
fails to fulfill, its material obligations under this Agreement, the other Party shall have the
right to terminate the Agreement by giving written notice to the defaulting party of its
intent to terminate, and shall specify the grounds for termination. The defaulting party
shall have two (2) days after such notice is sent to cure the default. If the default is not
cured within such period, this Agreement shall be terminated upon written notice of such
termination by the terminating party.
b. No compensation upon termination. In the event of termination, neither Party shall be
entitled to compensation or damages for any equipment or materials provided pursuant to
this Agreement or obligations incurred in furtherance of the rights conveyed by this
Agreement.
9,. Photography and recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all
related activities for educational and public information purposes. City shall not be
responsible for the actions of persons who are not under its employment or control.
10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent
contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
enlployer and employee between Sponsor and City or between Sponsor and any official,
agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of
City. Sponsor shall retain the right to perform services for others during the term of this
Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the performance of
this agreement shall be made by City.
11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any
loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's
personal property or equipment, and to Sponsor's employees, agents, or volunteers arising
out of or resulting from the condition of City's real or personal property or any lack of
maintenance or repair thereon, and not caused by or arising out of the tortious conduct of
City or its employees. Sponsor further agrees to indemnify and hold City harmless from any
loss, liability, claim or action from damages or injuries to persons or property in any way
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6
arising out of or resulting from the use of City's real or personal property by Sponsor or by
Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the
tortious conduct of City or its employees or volunteers.
12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from,
growing out of, or in any way connected with or incident to Sponsor's performance of this
Agreement, whether such loss or damage may be attributable to known or unknown
conditions, except for liability arising out of the tortious conduct of City or its officers,
agents or employees.
13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income
realized as the result of activities undertaken pursuant or related to this Agreement.
14. Time of the essence. Sponsor acknowledges that services provided under this Agreement
shall be performed in a timely manner. The Parties acknowledge and agree that time is
strictly of the essence with respect to this Agreement, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with
any and all applicable federal, state, and local laws.
16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not
discriminate against any person as to race, creed, religion, sex, age, national origin, sexual
orientation or any physical, mental, or sensory handicap.
17. Entire Agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements made
by either party, or agents of either party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect
or establish any right or remedy under the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded.
19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho,
20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6
21. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or
responsibilities hereunder without the express written consent of City. Should Sponsor cease
to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall
be void.
23. N ttee. Any and all notice required to be, provided by either of the Parties hereto, unless
otherwise stated in this Agreement, shall be in writing and shall be deemed communicated
upon sending an e-mail message, addressed as follows:
Sponsor:
Laura Welch
lwelch@clmnorthwest.com
City
Colin Moss
cmoss @meridiancity.org
Either party may change its e-mail address for the purpose of this paragraph by giving
written notice of such change in the manner herein provided.
24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of
hereof as if the exhibits were set forth in their entirety herein.
25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth
herein, he is duly authorized to act as the representative and agent of Sponsor. The
undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth
herein, and to accept the liabilities as established herein on behalf of Sponsor.
SPONSOR:
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Authorized Representative Signature Title
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Please Print Name
CITY OF Ell IAN:
BY:
Tammy eerd, Mayor
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREE
MAUC -
City of
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PAGE 5 of 6
Exhibit A
CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SPONSORSHIP PACKET
For $350 o will receive:
® Recognition as one event's sponsor in all promotional efforts for that event.
The opportunity to promote your business or organization at your movie
night through product displays, sampling, demonstrations, etc. It is also
encouraged to organize activities that add to the appeal of your movie night.
Examples include bounce houses, live bands, games, raffles, etc.
The opportunity to insert one (1) thirty (30) second advertisement into the
pre -movie video at your movie night.
The opportunity to hang up to two (2) banners no wider than eight (8) feet
each around the seating area during your show. Banners around seating area
must be free-standing. There will be no fences, trees, buildings, etc around
the seating area to hang your banner on.
Your logo linked to your website on the City of Meridian website next to
your event's listing on the CableONE Movie Night in Meridian page.
Your logo and a link to your website on your movie night's event listing on
the Meridian Parks and Recreation page on Facebook.
Your logo next to your event's listing on the CableONE Movie Night in
Meridian flyers that are distributed throughout the season.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6
wi�ilillillJillillilill Jll J
mks
DATE: April 23,2013 ITEM NUMBER: 5F
1114y"Im
CableONE Movie Night in Meridian 2013 Single -Night Sponsorship Agreement Between
Meridian Library District and the City of Meridian for a Not -to -Exceed Amount of
$350.00
MEETING NOTES
I loll ITH=_
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
This CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SINGLE -NIGHT.
SPONSORSHIP AGREEMENT ("Agreement") is made on this Z3, day of y>r, ! 2013
("EffectiveDate"), by and between the City of Meridian, a municipal corporation `organized
under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho
("City"), and Meridian Library District; whose address is 1326 West Cherry Lane, Meridian,
Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the
mutual promises and covenants herein contained, City and Sponsor agree as follows:
1. Single -Dight Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and
shall be recognized as, the Single -Night Sponsor of City's June 7tn, 2013 installment of the
weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring
to Sponsor throughout the term of this Agreement shall include those enumerated for Single -
Night sponsors in the CableONE Movie Night in Meridian 2013 Sponsorship Packet,
attached hereto as Exhibit A.
. Payment. By 5:00 p.m. on April 30, 2013, Sponsor shall prepay to City three hundred and
fifty dollars ($350.00). In the event the Sponsor fails to pay this amount in full in a timely
manner as provided herein, City may terminate this Agreement in the manner therefor as set
forth herein. In the event that the CableONE Movie Night in Meridian program is
discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is
shown, no portion of the amount prepaid shall be refundable, though City shall issue a
raincheck to Sponsor for redemption as a Single -Night Sponsor in the following season. City
shall make all decisions regarding scheduling. In the event that the CableONE Movie Night
in Meridian program is discontinued, or the showing is cancelled or shortened after
Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable,
and no raincheck shall issue.
3. Promotion.
a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake
the promotional and advertising efforts enumerated for Single -Night Sponsors in the
CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit
A.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE I of 6
b. Promotional Item Limitations. The sale or distribution of any food, drink, or other
promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie
Night in Meridian 2013 Sponsorship Packet attached hereto as Exhibit A, shall not be
permitted without prior written permission from City. Such permission may be withheld
or revoked at any time and for any reason. City may also, at any time, require that
Sponsor discontinue the distribution of any promotional item that City deems to be
negatively impacting concessions sales or deems not to be appropriate.
c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any
time, any audio, video, or written material submitted, used, or created by Sponsor. Any
pre -approval by City shall not be considered a waiver of the right to revoke or edit any
such material during the term of this Agreement. Further, Sponsor warrants and
represents that, as to all content of the video pieces created or produced pursuant to this
Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless
City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses,
of any nature whatsoever, including attorneys' fees, for which the City may become
liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other
content, including but not limited to claims for libel, violation of privacy, plagiarism, or
copyright violations.
4. Term. The term of this agreement shall be from the Effective Date through September 1,
2013, unless earlier terminated by either party by the method established herein.
5. Cancellation; scheduling. The parties acknowledge that the 2013 CableONE Movie Night
in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie
showings during June, July, and August, but cancellation of any or all movie showings may
be necessary due to weather or other conditions or circumstances. City shall have sole .
responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in
Meridian and all movies and activities related thereto, including any and all related activities
by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space,
the management and scheduling of which shall at all times be within the sole purview of
City. Any right or privilege granted to Sponsor by this Agreement shall include neither the
right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the
right to interfere with any person's concurrent, lawful use of Settlers Park where such
concurrent use does not conflict or interfere with Sponsor's use.
6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or
damage of any equipment, materials, or personnel used or employed by Sponsor in the
furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise
of the rights or the furtherance of the obligations described herein. Any and all insurance of
each party's respective property and personnel shall be the sole responsibility of that party.
Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's
insurable interests for Sponsor's rights and obligations described within this Agreement,
including, but not limited to, liability insurance, automobile insurance, worker's
compensation insurance, and/or property insurance.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6
7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name
for purposes of advertising, marketing, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided that
Sponsor shall not use City's logo for any purpose without the express, written permission of
the Mayor's Executive Assistant.
8. Termination.
a. Termination for cause. If either Party determines that the other has failed to comply
with any term or condition of this Agreement, violated any of the covenants, agreements,
and/or stipulations of this Agreement, engaged in any act of misconduct in the
performance of this Agreement; or if either Party willfully or negligently defaults in, or
fails to fulfill, its material obligations under this Agreement, the other Party shall have the
right to terminate the Agreement by giving written notice to the defaulting party of its
intent.to terminate, and shall specify the grounds for termination. The defaulting party
shall have two (2) days after such notice is sent to cure the default. If the default is not
cured within such period, this Agreement shall be terminated upon written notice of such
termination by the terminating party.
b. No compensation upon termination. In the event of termination, neither Party shall be
entitled to compensation or damages for any equipment or materials provided pursuant to
this Agreement or obligations incurred in furtherance of the rights conveyed by this
Agreement.
9. Photography and recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all
related activities for educational and public information purposes. City shall not be
responsible for the actions of persons who are not under its employment or control.
10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent
contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between Sponsor and City or between Sponsor and any official,
agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of
City. Sponsor shall retain the right to perform services for others during the term of this
Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the performance of
this agreement shall be made by City.
11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any
loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's
personal property or equipment, and to Sponsor's employees, agents, or volunteers arising
out of or resulting from the condition of City's real or personal property or any lack of
maintenance or repair thereon, and not caused by or arising out of the tortious conduct of
City or its employees. Sponsor further agrees to indemnify and hold City harmless from any
loss, liability, claim or action from damages or injuries to persons or property in any way
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6
arising out of or resulting from the use of City's real or personal property by Sponsor or by
Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the
tortious conduct of City or its employees or volunteers.
12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from,
growing out of, or in any way connected with or incident to Sponsor's performance of this
Agreement, whether such loss or damage may be attributable to known or unknown
conditions, except for liability arising out of the tortious conduct of City or its officers,
agents or employees.
13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income
realized as the result of activities undertaken pursuant or related to this Agreement.
14. Time of the essence. Sponsor acknowledges that services provided under this Agreement
shall be performed in a timely manner. The Parties acknowledge and agree that time is
strictly of the essence with respect to this Agreement, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with
any and all applicable federal, state, and local laws.
16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not
discriminate against any person as to race, creed, religion, sex, age, national origin, sexual
orientation or any physical, mental, or sensory handicap.
17. Entire Agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements made
by either party, or agents of either party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect
or establish any right or remedy under the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded.
19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho.
20. Cumulative rights and. remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6
21. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or
responsibilities hereunder without the express written consent of City. Should Sponsor cease
to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall
be void.
23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless
otherwise stated in this Agreement, shall be in writing and shall be deemed communicated
upon sending an e-mail message, addressed as follows:
Sponsor:
Nick Grove
nick@mld.org
City
Colin Moss
cmoss@meridiancity.org
Either party may change its e-mail address for the purpose of this paragraph by giving
written notice of such change in the manner herein provided.
24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of
hereof as if the exhibits were set forth in their entirety herein.
25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth
herein, he is duly authorized to act as the representative and agent of Sponsor. The
undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth
herein, and to accept the liabilities as established herein on behalf of Sponsor.
SPONSOR:
fined Representative Signature
C1 IZP�W(k� CA---ev"arT_
Please Print Name
m
Tammy dg-' eerd, Mayor
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP
Title
Date
ATTEST:
4_
as C1Yy
JY - L) i1'
IDA
r3 y
SEAL
;hz't(1��5
Holman, City Clerk
PAGE 5 of 6
Exhibit A
CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SPONSORSHIP PACKET
® Recognition as one event's sponsor in all promotional efforts for that event.
The opportunity to promote your business or organization at your movie
night through product displays, sampling, demonstrations, etc. It is also
encouraged to organize activities that add to the appeal of your movie night.
Examples include bounce houses, live bands, games, raffles, etc.
The opportunity to insert one (1) thirty (30) second advertisement into the
pre -movie video at your movie night.
19 The opportunity to hang up to two (2) banners no wider than eight (8) feet
each around the seating area during your show. Banners around seating area
must be free-standing. There will be no fences, trees, buildings, etc around
the seating area to hang your banner on.
Your logo linked to your website on the City of Meridian website next to
your event's listing on the CableONE Movie Night in Meridian page.
Your logo and a link to your website on your movie night's event listing on
the Meridian Parks and Recreation page on Facebook.
Your logo next to your event's listing on the CableONE Movie Night in
Meridian flyers that are distributed throughout the season.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6
P% A
UATE:April 23, 2013 ITEM NUMBER: 5G
PROJECT NUMBER:
ITEM TITLE:
Meridian Teen Movie Night 2013 Single -Night Sponsorship Agreement Between
Meridian Library District and the City of Meridian for a Not -to -Exceed Amount of
$350.00
MEETING NOTES
zN-4
1111111 li'[`Wlqlllr��r I I � I I I I ir I F I I I i i 1 1111 i i I I I P I i I ill I
•
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
I
I
I
I
MERIDIAN i
i13 SINGLE -NIGHT SPONSORSHIP AGREEMENT
This MERIDIAN TEEN MOVIE NIGHT 2013 SINGLE -NIGHT SPONSORSHIP
AGREEMENT ("Agreement") is made on this , day of , —, 2013 ("Effective Date"), by
and between the City of Meridian, a municipal corporation organized under the laws of the state
of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Meridian
Library District, whose address is 1326 West Cherry Lane, Meridian, Idaho 83642 ("Sponsor").
For good and valuable consideration and in consideration of the mutual promises and covenants
herein contained, City and Sponsor agree as follows:
I. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and
shall be recognized as, the Single -Night Sponsor of City's August 10th, 2013 installment of
the summer Meridian Teen Movie Night event series. As such, benefits insuring to Sponsor
throughout the term of this Agreement shall include those enumerated for Single -Night
sponsors in the Meridian Teen Movie Night 2013 Sponsorship Packet, attached hereto as
Exhibit A.
. Payment. By 5:00 p.m. on April 30, 2013, Sponsor shall prepay to City three hundred and
fifty dollars ($350.00). In the event the Sponsor fails to pay this amount in full in a timely
manner as provided herein, City may terminate this Agreement in the manner therefor as set
forth herein. In the event that the Meridian Teen Movie Night program is discontinued, or
the showing is cancelled or shortened before Sponsor's promotional video is shown, no
portion of the amount prepaid shall be refundable, though City shall issue a raincheck to
Sponsor for redemption as a Single -Night Sponsor in the following season. City shall make
all decisions regarding scheduling. In the event that the Meridian Teen Movie Night
program is discontinued, or the showing is cancelled or shortened after Sponsor's
promotional video is shown, no portion of the amount prepaid shall be refundable, and no
raincheck shall issue.
3. Promotion.
a. City's efforts. With regard to Meridian Teen Movie Night, City shall undertake the
promotional and advertising efforts enumerated for presenting sponsors in the Meridian
Teen Movie Night 2013 Sponsorship Packet, attached hereto as Exhibit A.
b. Promotional Item Limitations. The sale or distribution of any food, drink, or other
promotional item by Sponsor at Sponsor's booth, as allowed in the Meridian Teen Movie
Night 2013 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted
without prior written permission from City. Such permission may be withheld or revoked
at any time and for any reason. City may also, at any time, require that Sponsor
discontinue the distribution of any promotional item that City deems to be negatively
impacting concessions sales or deems not to be appropriate.
MERIDIAN TEEN MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6
c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any
time, any audio, video, or written material submitted, used, or created by Sponsor. Any
pre -approval by City shall not be considered a waiver of the right to revoke or edit any
such material during the term of this Agreement. Further, Sponsor warrants and
represents that, as to all content of the video pieces created or produced pursuant to this
Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless
City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses,
of any nature whatsoever, including attorneys' fees, for which the City may become
liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other
content, including but not limited to claims for libel, violation of privacy, plagiarism, or
copyright violations.
. 'Perm. The term of this agreement shall be from the Effective Date through September 1,
2013, unless earlier terminated by either party by the method established herein.
5. Cancellation; scheduling. The parties acknowledge that the 2013 Meridian Teen Movie
Night event series schedule shall include three (3) monthly movie showings during June,
July, and August, but cancellation of any or all movie showings may be necessary due to
weather or other conditions or circumstances. City shall have sole responsibility and
discretion in scheduling and/or cancelling Meridian Teen Movie Night and all movies and
activities related thereto, including any and all related activities by Sponsor. The parties
hereto expressly acknowledge that Settlers Park is a public space, the management and
scheduling of which shall at all times be within the sole purview of City. Any right or
privilege granted to Sponsor by this Agreement shall include neither the right to exclude any
law-abiding person from Meridian Teen Movie Night, nor the right to interfere with any
person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict
or interfere with Sponsor's use.
6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or
damage of any equipment, materials, or personnel used or employed by Sponsor in the
furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise
of the rights or the furtherance of the obligations described herein. Any and all insurance of
each party's respective property and personnel shall be the sole responsibility of that party.
Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's
insurable interests for Sponsor's rights and obligations described within this Agreement,
including, but not limited to, liability insurance, automobile insurance, worker's
compensation insurance, and/or property insurance.
7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name
for purposes of advertising, marketing, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided that
Sponsor shall not use City's logo for any purpose without the express, written permission of
the Mayor's Executive Assistant.
MERIDIAN TEEN MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 Of 6
8. Termination.
a. Termination for cause. If either Party determines that the other has failed to comply
with any term or condition of this Agreement, violated any of the covenants, agreements,
and/or stipulations of this Agreement, engaged in any act of misconduct in the
performance of this Agreement; or if either Party willfully or negligently defaults in, or
fails to fulfill, its material obligations under this Agreement, the other Party shall have the
right to terminate the Agreement by giving written notice to the defaulting party of its
intent to terminate, and shall specify the grounds for termination. The defaulting party
shall have two (2) days after such notice is sent to cure the default. If the default is not
cured within such period, this Agreement shall be terminated upon written notice of such
termination by the terminating party.
b. No compensation upon termination. In the event of termination, neither Party shall be
entitled to compensation or damages for any equipment or materials provided pursuant to
this Agreement or obligations incurred in furtherance of the rights conveyed by this
Agreement.
9. Photography and. recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from Meridian Teen Movie Night, all related
activities for educational and public information purposes. City shall not be responsible for
the actions of persons who are not under its employment or control.
10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent
contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between Sponsor and City or between Sponsor and any official,
agent, or employee of City. Both parties acl-nowledge that Sponsor is not an employee of
City. Sponsor shall retain the right to perform services for others during the term of this
Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the performance of
this agreement shall be made by City.
11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any
loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's
personal property or equipment, and to Sponsor's employees, agents, or volunteers arising
out of or resulting from the condition of City's real or personal property or any lack of
maintenance or repair thereon, and not caused by or arising out of the tortious conduct of
City or its employees. Sponsor further agrees to indemnify and hold City harmless from any
loss, liability, claim or action from damages or injuries to persons or property in any way
arising out of or resulting from the use of City's real or personal property by Sponsor or by
Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the
tortious conduct of City or its employees or volunteers.
MERIDIAN TEEN MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6
12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from,
growing out of, or in any way connected with or incident to Sponsor's performance of this
Agreement, whether such loss or damage may be attributable to known or unknown
conditions, except for liability arising out of the tortious conduct of City or its officers,
agents or employees.
13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income
realized as the, result of activities undertaken pursuant or related to this Agreement.
14. Time of the essence. Sponsor acknowledges that services provided under this Agreement
shall be performed in a timely manner. The Parties acknowledge and agree that time is
strictly of the essence with respect to this Agreement, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with
any and all applicable federal, state, and local laws.
16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not
discriminate against any person as to race, creed, religion, sex, age, national origin, sexual
orientation or any physical, mental, or sensory handicap.
17. Entire Agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements made
by either party, or agents of either party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect
or establish any right or remedy under the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded.
19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho.
20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
21. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
MERIDIAN TEEN MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6
22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or
responsibilities hereunder without the express written consent of City. Should Sponsor cease
to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall
be void.
23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless
otherwise stated in this Agreement, shall be in writing and shall be deemed communicated
upon sending an e-mail message, addressed as follows:.
Sponsor-.
Nick Grove
nick@mld.org
C1tV
Colin Moss
cmoss @meridiancity.org
Either party may change its e-mail address for the purpose of this paragraph by giving
written notice of such change in the manner herein provided.
24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of
hereof as if the exhibits were set forth in their entirety herein.
25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth
herein, he is duly authorized to act as the representative and agent of Sponsor. The
undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth
herein, and to accept the liabilities as established herein on behalf of Sponsor.
SPONSOR:
rued Representative Signature
T
Please Print Name
I'm
Tammy dt`eerd, Mayor
MERIDIAN TEEN MOVIE NIGHT SINGLE -NIGHT S
Title
N/is /� 3
Date
G
tj 7
City- of -J a'
014/6
IDAHO
3%
`r SEAL
Ns TetI-IIP 1494A T
, City Clerk
PAGE 5 of 6
Exhibit A
MERIDIAN TEEN MOVIE NIGHT 2013 SPONSORSHIP PACKET
0 Recognition as one event's sponsor in all promotional efforts for that event.
The opportunity to promote your business or organization at your movie
night through product displays, sampling, demonstrations, etc. It is also
encouraged to organize activities that add to the appeal of your movie
night. Examples include, live bands, games, raffles, etc.
The opportunity to insert one (1) thirty (30) second advertisement into the
pre -movie video at your movie night.
The opportunity to hang up to two (2) banners no wider than eight (8) feet
each around the seating area during your show. Banners around seating
area must be free-standing. There will be no fences, trees, buildings, etc
around the seating area to hang your banner on.
Your logo linked to your website on the City of Meridian website next to
your event's listing on the Meridian Teen Movie Night page.
Your logo and a link to your website on your movie night's event listing on
the Meridian Parks and Recreation page on Facebook.
Your logo next to your event's listing on the Meridian Teen Movie Night
flyers that are distributed throughout the season.
MERIDIAN TEEN MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6
DATE: April 23,2013 ITEM NUMBER: 5H
ngawm
Approval of Contract Change Order No. I to the Existing Agreement for "Well 16
Abandonment" to McLeran Well Drilling, LLC for the Not -To -Exceed Amount of
$26,090.00
MEETING NOTES
i 111101 1 1 Ill 1 1
CLERKS OFFICE FINAL A C TION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN
33 EAST BROADWAY AVENUE
MERIDIAN, ID 83642
Change Order No.: 1
Project Number: 10312L
Date: 4112/2013
1Effective Date:
CONTRACTOR. McLeran Well Drilling
PROJECT: Well 16 Abandonment
The Contractor is hereby directed to make the following changes from the Contract Documents and Plans.
Description:
1 ) Extend quatities for grout, perforating, and other bid items required to complete work (see attachment).
2) Attached estimate includes all of the work performed except one additional peformation and grouting cycle which cost
$2,699.00
Reason for Change Order:
Change order is an extension of quantities and prices for perforating and pressure grouting needed to properly
abandon well 16. Since this project included many unknown variables, the need for such a change order was
anticipated in the original contract.
Attachments:
3-29-2013 McLeran Quote and CO Amounts Well #16-A Abandonment
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price: $27,720.00 Original Contract Completion Date:
Original Contract Completion Days:
Net changes form previous C.O.'s.:
Net Days change form previous C.O.'s:
No, 0 to 0
No. 0 to 0
$0.00
Contract Price Prior to this C.O.:
Contract Completion Date before this C.O.:
$27,720.00
Net Increase (decrease) of this C.O.:
Net Days Increase (decrease) of this C.O.:
$26,090.00
Contract Price with all Approved C.O.'s:
Contract Completion Date with all Approved C.O.'s:
$63,810.00
RECOMMENDED: (PROJECT MANAGER)
ACCEPTED (CONTRACTOR)
By'.
By:
Date:
Date: 4/16/2013
APPROVED: (CITY PURCHASI G AGE
COUNCIL APPROVAL
By: Keith Watts
Date:
D
APPROVED: (CIT
ATT 1$
By: Mayor Tammy d erd City
,
le Jayce(dHolman
Date.E]
4(-d3 ®I
�12
E'Sh I Lr; J" F
MERIDIAN WELL 16-A ABANDONMENT
BID NUMBER PW -13.10312L
11;� VP11- k
�'Z
Furnish all labor, materials, equipment, and incidentals as required for the MERIDIAN WELL 16-A
ABANDONMENT, per the attached drawings and specifidations ("'Attachment 1
1310 SCHEDULE
Item
No.
Description
QtV Unit Unit Price AMDUnt
Ball filter pack sand through the perforations at 553' from inside
well to remove f liter pack from outside the screen assembly down
to about 500,
a) Document the types and amounts of material balled from the
16 HRS 195.00 3,120.00
well,
b) utilize camera surveys as needed to Inspect the well
c) Finish balling -6 yds of filter pack from well
Install bentonite grout seal from 4751 -to -5531 below ground Inside
2
well and annular spaces
2a
Install 2 -Inch tremle to 553'
2 HRS 195.00 390.00
2b
-Pum p bentonite grout Into the range 475' to 553'
3 CY 500.00 11500.00
2c
Remove 2 -Inch tremle
2 HRS 195,00 390.00
Install cement grout seal from 0' -to -475' below ground inside well
3
and in annularspace
8 HR5 195.00 1,560.00
3a
Perforate 10 -inch steel blanks at 470' and 443'
3b
Perforate 18 -Inch steel casing at 420' and 380'
8 MRS 195,00 1,560.00
Conduct Camera surveys to Ins*pect perforations and confirm void
3C
space outside screens and casing
3d
2 -inch tremle rental
I LS 11,.300.00-1111 1,300.00
Install 2 -Inch tremle to 475' (include in the price of cement grout
Install
3e
one tremla installation only)
3f
Pump cement grout Into the range 0' -to -475'
36 360.00 12160.0,06'
Remove 2 -Inch tremle approx 2 hrs (withdrawing intermittently
Bg
while pumping) - 2 hours (include in price of cement grout)
3h
Cap 18 -inch steel casing With a solid steel plate
1 CY 500,00 500.00
Continue Pumping cement grout through 3 -Inch sand filter tube
I CY 600,00 600,00
31
until refusal at 150 PSI
4
Remaining Items to completely abandon the well
NEWMIM
1 LS 2,600.00 3,000,00-
Remove the thrust block and cut casing down I ft below pump
4a
house floor
4b
Weld on steel cap to abandon the well
I LS 300.00 300.00
4c
Install new concrete to patch, ump house floor
I 1S 1,400,00 1,400.00_
BID TOTAL .................. $ 27,720,00
TOTAL IN WORDS: ******Twenty Seven thousand seven hundred twenty and no1100**********
16 of 24
CY
McLeran Well Drilling, LLC
5 576 Sand Hollow Ted, New PIymouth, Idaho 83655
Cell (208) 941-2587 VAX (208) 278-3146
TO: City of Meridian
Public Works Departmek
33 East Broadway Avenue, Sutite 200
Meridian, ID 83642
Attention: Kyle Radek, P.E.
Estimate to Complete bentonite Abandonment of Meridian Supply Well #16AA
February 1, 2013
- - -
UNITS
QUANTITY
UNIT
COST
TOTAL
ITEM
COST
DOTAL COSTS
Finish Abandonment of the Supply Well
_
$22,805,00
Mobilization alread , on site)
job
0
$2,500.00
$0,00
Perforate 18 -inch casing (8 perforatioiis at 370')
hours
4
$195.00
$780,00
Install trenile to 405'
hours
3
$195.00
$585,00
Bentonite groat with tremie (from 405' -to -355') then cap well acid
pressurize with additional betitonite rout see note
Yards
3
$500.00
$1,500,00
Remove tremie from 405'
hours
2
$195.00
$390.00
Install 1/2" PEX to 404' through the 3" sand filter tube
Hours
2
$195:00
$390,00
Bentonite grout sand filter tube (fi-om 0' -to -404') frons tlue top-down
using the 1/2" PEX to relieve tlue water pressure
Yards
0.73
$500,00
$365.00
Perforate 18 -inch casing (24 perforations at 290', 260', and 235')
hours
4
$195.00
$780,00
Install trenileto 355'
hours
3
$195.00
$585.00
Bentonite grout with tremie (from 355' -to -220') their cap well anti
pressurize with additional bentonite grout see note)Yards
8
$500,00
$4,000.00
Remove tremie fi-om 355'
libms
2
$195.00
$390.00
Perforate 18 -inch casing -(8 perforations at 180'
Hours
3
$195.00
$585,00
Install tremie to 220'
hours
2
$195.00
$390;00
Bentonite grout with trenile (from 220' -to -165') then cap well and
ressurize with additional bentonite root see note
yards
3
$500.00
$1,500.00
Remove tremie from 220'
Hours
1
- $195,00
$195,00
Perforate 18 -inch casing (32 perforations at 110','80', 55', and 40')
hours
3.
$195.00
$585,00
Install tremie to 165'
hours
2
$195.00
$390.00
Bentonite grout with tremie (from 165' -to -0D then cap well and
pressurize with additional bentonite grout see note
}jirds
10
$500,00
$5,000,00
Remove trenpie from 165'
hours
1
$195.00
$195,00
Remove the thrust block and cut casing dowii 1 -foot below floor_
job
1
$2,500.00
$2,500.00
Weld permanent steel cap otito 18winch casing to abandon well
,job
1
$300.00
$'300,00
Install new concrete to atcllfloor where thnist block was removed
job
I
$1400.00
$1,400.00
r zr rT r T, -FD COMM- E ry �v T�v � 2105. oa
$UBTOTAL
ASDMMS�OIV �1ND trbttlt�Ittftte,rtP
...: :..4,St's�,0:,
Note; Groul volumes calculated are the volumes ofntaterial required to fill.tit.
outside the screens or easing this )vIll Increase the volume ofgrouls used to
respective rates listed above lit the line hears
_ ..
Approved and Signed by Davld McLeran, McLernn Well Di Tl�
Page Y of I
Ip, or Interior of well casing. If voids grist
fra material used ivill be calculated at their
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tri f �
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107.11mg Dril 23, 2013 ITEM NUMBER: 51A
I
Life Church Recreational Pathway Easement
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DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 04124/13 01:45 PM
DEPUTY Bonnie Oberbfllig �II I'IIIIII'I'I�II�I'�'lll'IIII� II III
RECORDED -REQUEST OF
Merdian Ciry 113944239
THIS AGREEMENT, made and entered into this 2-3 day of ,�,1 , 2013,
between e- hereinafter referred to as "Grantor", and the City of Meridian an
Idaho municipal corporal oin, hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of real property on portions of which the City of
Meridian desires to establish a public pathway; and
WHEREAS, the Grantee desires to grant an easement to establish the pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement
described herein; and
NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the
following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto
and incorporated herein.
The easement hereby granted is for the purpose of providing public recreational pathway
easements for multiple -use non -motorized recreation, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and
assigns forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated 'herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that Grantor shall repair and maintain the pathway improvements.
1?nnrn�4inno� Dot�rsroir �+�omm�nt
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of
the easement hereby granted become part of, or lie within the boundaries of any public
street, then, to such extent such easement hereby granted which lies within such boundary
thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and
lawful right to convey said easement, and that it will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
GRANTOR:
579,E
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STATE OF4O )
ss
County of Ada )
On this i 3 rA- day of Edi , 2013, before me, the undersigned, a
Notary Public in and for said Stmt ersonally appeared «woven or
CP
identified to me to be the Pr of the Corporation that executed the within
instrument, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
�t��rAatvnnh� l�at�tito�� j-inoamanf
NOTARY PUBLIC FOR IDAHO
Residing at: D 6 US til014
Commission Expires: 11- 61`` 1 �
GRANTEE: CITY OF MERIDIAN
hest b
,VJaycee Holman, city —Clerk
Approved By City Council On:
STATE OF IDAHO
ss.
County of Ada
City of
IDAHO
S E"
th t TRi
On this -��day of 2013, before me, the undersigned, a Notary
Public in and for said State, appeared TAMMY DE WEERD and JAYCEE
HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the
City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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Commission Expires:_( -.I
]TE"Ahibit "A"
Job No, 11-049
March 28, 2013
Sidewalk Easement Description
An easement for sidewalk purposes under, over and across a portion of Lot I of Block 1 of
Commerce Park Subdivision in the Southwest'/4 of Section 9, Township 3 North, Range 1 East,
Boise Meridian, in the City of Meridian, County of Ada, State of Idaho lying 35.00 feet east of and
adjacent to the following described line:
Beginning at the southwest corner of Lot I of Block 1 of Commerce Park Subdivision in the
Southwest'/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian;
Thence North 01'2733" East, 430.10 feet, along the west line of said Lot 1, to the northwest corner
thereof being the terminus of this easement.
The east line of said easement shall be extended or shortened at the beginning and terminus,
so as to make for a continuous and uniform width of access throughout.
Said easement containing therein a calculated area of 15,192 square feet,
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Copyrighted opyrighted 0 2013 by Tri County Surveying, Inc. -0974 -7470 Fax: (208) 365-2880
5(� Washington Ave,, P.O. Box 974, Emmett, ID 83617 Phone: (208) 365
14 CORNER
8 E 9
No 110054176
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EXHIBIT "B"
SIDEWALK EASEMENT IN LOT I OF BLOCK 1
OF COMMERCE PARK SUBDIVISION
IN THE SOUTHWEST Y4 OF SECTION 9,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
IN THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO.
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COMMERCIAL COUR T
N8828'58"W_ c.1 478,30'
N78'42�48,E N N8828'58"W 298.72'
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70' 35.x8,
35' SIDEWALK EASEMENT
70'
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TRI COUNTY SURVEYING, INC
PROFESSIONAL LAND SURVEYORS�+'� OF 10���
510 So, Washington Ave,, P.O. Box 974
Emmett, Idaho 83517-0974
Phone: (208) 355-7470 MARCH 2G
INDEX No. 311-09-3-0-0-45-3721 JOB No. 11-049Esr
DATE: April 23,2013 ITEM NUMBER: 5J
IMUM
Water Main Easement with Cedar Springs Neighborhood Association, Inc. for Mulberry
Subdivision
MEETING NOTES
pi'll !I q 1 1111 11 1 11
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 4/15/13
Land vel® enServices
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
SUBJECT: Water Main Easement for Mulberry Subdivision
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Water Main Easement for the City of Meridian, located off site
of Mulberry Subdivision in a common lot owned by Cedar Springs
Subdivision Home Owners Association .
2. This easement provides the City of Meridian access to a public water main
f
installed to provide service for Mulberry Subdivision and be connected to
an existing water main in N. Meridian Road.
3. Authorize the Mayor to sign the easement, and the City Clerk to attest.
Bruce Chatterton, Community Development Director
Bruce Freckleton, Development Services Manager
Denny Cline, Development Analyst II
Denny Cline, &ve1qpMqnt Analyst II
Brucef i<letor /,Development Services Manager
884-5533
489-0362
489-0371
Recommending
Approval
Ph: 208.887.2211 4 wy-ivY.meri€ iancity.or€g ® Fax 208.887.1297
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 04/24/13 01:45 PM
DEPUTY RECORDED nHEQUESTOF
Merdian City 113044238
WATER MAIN EASEMENT
THIS INDENTURE, made this 3 day of_(),w, �, 2013" between Cedar Springs Neighborhood Association,
Inc., 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 maul 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)
The easement hereby granted is for the purpose of construction and operation of 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, its successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, malting repairs, performing other maintenance or malting 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 fie within the boundaries of any public
street, then, to such extent, such right-of-way and easement hereby granted which lies within such
Mulberry Subdivision Water Main Easement — Cedar Springs Neighborhood Assoc.
I
boundary thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of
the aforementioned and described tract of land, and that they have a good and lawful right to convey
said easement, and that they will warrant and forever defend the title and quiet possession thereof
against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first hereinabove written.
GRANTOR:
CEDAR SPRINGS NEIGHBORHOOD ASSOCIATION, Inc,
William Fferbert, President
P. O. Box 1620 Meridian ID 83680
Address
Chuck Herling, Vice President
STATE OF IDAHO )
ss
County of Ada )
On this day of , 2013, before me, the undersigned, a Notary Public in
and for said State, personally appeared William Herbert and Chuck Herling , known or identified to
me to be the President and Vice President, respectively, of the corporation that executed the within
lllStrllnlent, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
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N TARY PUBLIC FOR IDAHO
Residing at PwA
Commission Expire ell e,
Mulberry Subdivision Water Main Easement — Cedar Springs Neighborhood Assoc,
GRANTEE: CITY OF MERIDIAN
Tammy eerd, Mayor
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City of
—
EPeTDIAN*--
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Attest b0aycee L. Holman, City Clerk t
A
SEAL
Approved By City Council On:
STATE OF IDAHO
ss
County of Ada
On this day of -fi-P
201;,before me, the undersigned, a Notary Public in
and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
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TARY PU IC FO AHO
Residing at: I D
Commission Expires:
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Mulberry Subdivision Water Main Easement — Cedar Springs Neighborhood Assoc,
March 1, 20,13
DESCR�PT�ON FOR MERID�AN WATER EASEMENT
LOT 2, BLOCK 16, CEDAR SPRWGS S,UBD. NO. 2
An easement covering o portion of Lot 2, Block 16' Cedar Springs Subdivision No. 2, as filed
for record in Book 88 of Plats at Page 9732. records of Ada County, Idaho; located in the South % of
Section 38, TAN., F<.1VV., B.M.' Meridian, /\dm County, |daho, and being more particularly described
as follows:
Commencing otgDaluminum cap marking the Southeast corner ofsaid Section 38;thence
along the Easterly boundary oysaid Section 30North UO"51'23"East, 1123.84feet; thence leaving
said Easterly boundary North 8Q"10'45"West, 7O.00feet; thence North OO"51'23"East, 114.22feet to
e point on the westerly boundary of said Lot 2' the PUNT OF BEGUNNUNG|
Thence continuing along said west boundary North 00'51'23" East, 20.00 feet;
Thence leaving said boundary South 89"O3.2Q"East, 35.00 feet tO8point onthe westerly
right-of-VvaVofN.Meridian Road;
Thence along said right-of-way South 00'51'23" West, 20,00 feet;
Thence leaving said right-of-way North 89"03'29" West 35,00 feet to the PUNT OF
BEGUNNUNG.
Said easement encompassing 700 SF, more or less.
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LOCATED IN THE SE 1/4. OF SECTION 36
1029 N. ROSARIO ST., STE, 100
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T.4N., R.1 W., B.M.
MERIDIAN, ADA COUNTY, IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fax (208) 938-0941
Unanlpril 23, 2013 ITEM NUMBER: 51�'
ITEM TITLE:
Approve Easements with Various Owners for Sanitary Sewer and Water Mains to
Properties as Part of the Ada County Highway District (ACHD) Franklin - Ten Mile to
Linder Project
Parcel 1, Franklin & Ten Mile, LLC Sewer/Water Main
Parcel 16, No. 1 SCS Brighton, LLC Sewer/Water Main
Parcel 16, No. 2 SCS Brighton, LLC Sewer/Water Main
Parcel 17 Steven C. Smith & Brighton Inv., LLC Water Main
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: John Boyd
Engineering Technician 11
Mayor Tammy de Weerd
City Council Members#
Reith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
DATE: April 15, 2013
SUBJECT: APPROVE EASEMENTS WITH VARIOUS OWNERS FOR SANITARY SEWER
AND WATER MAINS TO PROPERTIES AS PART OF THE ACHD FRANKLIN —
TEN MILE TO LINDEN PROJECT
'101 WN WE
A. Move to:
1. Approve easements with various owners for sanitary sewer and water mains to
properties as part of the ACRD Franklin Road — Ten Mile to Linder Project;
and
2. Authorize the Mayor to sign the easements.
John Boyd, (Project Manager) ................................................................... 489-0347
Clint Dolsby, Assistant City Engineer ........................................................ 489-0341
Warren Stewart, Engineering Manager ........................................................ 489-0350
John McCormick, Deputy Director of Public Works ..................................489-0378
Tom Barry, Director of Public Works ......................................................... 489-0372
Page -1 of 2
III. DESCRIPTION
A. Background
Sanitary sewer and water main stub outs were offered as part of the project to all property
owners. These property owners accepted and reimbursed the City for stub outs that will be
installed during the project.
B. Proposed Easements
These easements allow future development of the subject properties to connect to sewer and
water service for their developments without having to enter Franldin Road.
IV. IMPACT
A. Fiscal Impact:
There is no fiscal impact to the City as these stubs were included in the project cost and the
City has received reimbursements from the property owners for the cost to install the main
stubs.
A. The easements need to be acted on and recorded so the City can maintain and service the
installations if needed.
VI, LIST OF ATTACHMENTS
A. Signed and notarized Easement Agreements with Exhibits A and B for the following
properties:
Parcel No. Properly Owner _Easement Type
51211336065 - Parcel 1 ........................... &Ten Mile, LLC ................................... Sewer/Water Mains
S1214223250 - Parcel 16, Easement I .....SCS Brighton, LLC .............................................. Sewer/Water Mains
S1214223250 - Parcel 16, Easement 2 ..... SCS Brighton, LLC .............................................. Sewer/Water Mains
S1214223015 - Parcel 17 .........................Steven C. Smith & Brighton Investments, LLC... Water Main
/11J��Approved for Council Agenda: /- �` G/ ! 3
Warren Stewart, PE, Engineering Manager Date
Page 2 of 2
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .DO
BOISE IDAHO 04/24/13 01;45 PM
DEPUTY Bonnie0berbillig IIIIIIIIIII'I'III'll'IIIII"I"III'll
RECORDED -REQUEST OF
Merdian City 113044237
SANITARY SEWER AND WATER MAIN EASEMENT
PARCEL I - FRANKLIN ..
TEN MILE, LLC
THIS INDENTURE, made this day of (11\\ , 2013 between
FRANKLIN & TEN MILE, LLC., the parties off the first part, and hereinafter called the
GRANTORS, and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, and
hereinafter called the GRANTEE;
WITNESSETH:
WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the GRANTEE;
NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS,
and other good and valuable consideration, the GRANTORS do hereby give, grant and
convey unto the GRANTEE the right-of-way for an easement for the operation and
maintenance of sanitary sewer and water mains over and across the following described
property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the GRANTEE, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE,
it's successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, GRANTEE shall restore the area
of the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, GRANTEE shall not be responsible for repairing, replacing or
restoring anything placed within the area described in this easement that was placed there in
violation of this easement.
Sanitary Sewer and Water Main Easement Pagel of 3
Parcel 1- Franklin & Ten Mile, LLC
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of
the right-of-way and easement hereby granted shall become part of, or lie within the
boundaries of any public street, then, to such extent, such right-of-way and easement hereby
granted which lies within such boundary thereof or which is a part thereof, shall cease and
become null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized
and possessed of the aforementioned and described tract of land, and that they have a good
and lawful right to convey said easement, and that they will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
) ss
County of MARICOPA)
On this 1� day ofoersonall,
2013, before me, the undersigned, a Notary
Public in and for said Statappeared Burke P. Jones, identified to me to be a member of
the Limited Liability Company that executed the within instrument, and acknowledged to me that
such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year fist above written.
ERIK KOLLER
Notary PubM., 4NTARY PUBLIC FOR ARIZONA
OUMY
I Residing
* On '���`�' �� "° Commission Expires:,,.--'- �
Sanitary Sewer and Water Main Easement Page 2 of 3
Parcel 1- Franklin & Ten Mile, LLC
GRANTEE: CITY OF MERIDIAN
Tammy de Wer Mayor
city of
ERIDIAN*---
O
Attest JayceeL. Holman, City Clerk I"A"
SEAL ti
Approved By City Council On:
STATE OF IDAHO
ss
County of Ada
On this 05)�A day of r't ' -, 2013, before me, the undersigned, a Notary Public in
and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
Commission Expires:
Sanitary Sewer and Water Main Easement Page 3 of 3
Parcel I- Franklin & Ten Mile, LLC
)FTMT 11
FORTHE
CITY OF MERIDI^ IDAHO
An easement for utility purposes located in the SW 1/4 of Section 11, Township 3 North, Range I
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW 1/4
from which a 5/8 inch diameter iron pin marking the southeasterly comer of said SW 1/4 bears
S 89'09'35" E a distance of 2658.24 feet;
Thence S 89'09'35" E along the southerly boundary of said SW 1/4 a distance of 687.92 feet to a
point;
Thence leaving said southerly boundary N 0'50'25" E a distance of 30.00 feet to the POINT OF
BEGINNING;
Thence continuing N 0050'25" E a distance of 48.00 feet to a point-,
Thence S 89'09'35" E a distance of 44.00 feet to a point;
Thence 8 0'50'25" W a distance of 48.00 feet to a point;
Thence N 89'09'35" W a distance of 44.00 feet to the POINT OF BEGINNING.
This parcel contains 2,112 square feet (0.048 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
February 25, 2013
-m-, NO
"7
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 04125113 11:61 AM
DEPUTY Bonnie0berbillig IIII'II'lll'IIIII'II'II��III'I'III'll
RECORDED -REQUEST OF 113044721
Meridian Ciry
SENW�' �`
MAIN EASEMENT
PARCEL
' ._ BRIGHTON,
'
EASEMENT NO. I
THIS INDENTURE, made this day of r� 2013 between
SCS Brighton, LLC, the party of the first part, and hereinafter called the GRANTOR, and the
City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the
GRANTEE;
WITNESSETH:
WHEREAS, the GRANTOR desires to provide a sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water main is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipelines from time to time by the GRANTEE;
NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and
other good and valuable consideration, the GRANTOR does hereby give, grant and convey
unto the GRANTEE the right-of-way for an easement for the operation and maintenance of
sanitary sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water lines 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 sanitary sewer and water lines, 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.
Sanitary Sewer And Water Main Easement Pagel of 3
SCS Brighton, LLC - Easement No. 1
THE GRANTOR hereby covenants and agrees 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 GRANTOR hereby covenants and agrees with the GRANTEE that should any part of
the right-of-way and easement hereby granted 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 GRANTOR does hereby covenant with the GRANTEE that they are lawfully seized
and possessed of the aforementioned and described tract of land, and that they have a good
and lawful right to convey said easement, and that they will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
SCS Brighton LLC, an Idaho limited liability company
By: Brig on Corporation, an Idaho corporation, Manager
David W. Turnbull
President, Brighton Corporation
STATE OF IDAHO )
ss
County of Ada )
On this54'2�day of , 2013, before me, the undersigned, a Notary
Public in and for said State, personally appeared David W. Turnbull known or identified to me to be
the President of the corporation that executed the within instrument, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand
fist above written.
Eli NO AR
R siding a
z
Commission
Sanitary gewer And Water Main Easement
SCS Brighton, LLC — Easement No. 1
my official seal the day and year
CFOR IDAHO,
Page 2 of 3
GRANTEE: CITY OF MERIDIAN
Tammy de Weer:, ayor
Jaycee L. Holman, City Clerk '
6
Approved By City Council On:
STATE OF IDAHO )
ss
County of Ada )
D A i, c, bs1
r
ao
V�
City of
EP,IDM N
IDAHO
� W
l �
y4'
f tk r TRS
r
On this day of 2013 before me, the undersigned, a
� �
Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L.
HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
Sanitary Sewer And Water Main Easement
SCS Brighton, LLC — Easement No. I
NARY PUBLIC FOR I
Residing at: PeAq A�1
Commission Expires:
Page 3 of 3
FORTHE
CITY OF MERIDIAN, IDAHO
PARCEL 16 — SCS BRIGHTON9 LLC
EASEMENT NO. 1
An easement for utility purposes located in the NW 1/4 of Section 14, Township 3 North, Range I
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the northwesterly comer of said NW 1/4
from which a 5/8 inch diameter iron pin marking the northeasterly corner of said NW V4 bears
S 89'09'35" E a distance of 2658.24 feet;
Thence S 89'09'35" E along the northerly boundary of said NW 1/4a distance of 682.38 feet to a
point) -
Thence leaving said northerly boundary S 0150'25" W a distance of 70.87 feet to the POINT OF
BEGINNING, -
Thence S 0'25'58" E a distance of 52.65 feet to a point;
Thence S 89°01'51" E a distance of 39.37 feet to a point;
Thence N 0150'25" E a distance of 53.63 feet to a point,,
Thence S 89'34'02" W a distance of 40.55 feet to the POINT OF BEGINNING.
This parcel contains 2,123 square feet (0.049 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
March 5, 2013
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 !
BOISE IDAHO 04124/13 01:45 PM
DEPUTY Bonnie06erbillig III I'IIIIIIIIIIIIIII'IIIIII"IIIIIIII
RECORDED —REQUEST OF 11304235
Merdian City
PARCEL
Ar ' ; ,
EASEMENT NO. 2
THIS INDENTURE, made this �� day of ADrl, 2413 between
SCS Brighton, LLC, the party of the first part, and hereinafter called the GRANTOR, and the
City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the
GRANTEE;
WITNESSETH:
WHEREAS, the GRANTOR desires to provide a sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water main is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipelines from time to time by the GRANTEE;
NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and
other good and valuable consideration, the GRANTOR does hereby give, grant and convey
unto the GRANTEE the right-of-way for an easement for the operation and maintenance of
sanitary sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water lines 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 sanitary sewer and water lines, 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.
Sanitary Sewer And Water Main Easement Page 1 of 3
Parcel 16 - SCS Brighton, LLC - Easement No. 2
THE GRANTOR hereby covenants and agrees 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 GRANTOR hereby covenants and agrees with the GRANTEE that should any part of
the right-of-way and easement hereby granted 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 GRANTOR does hereby covenant with the GRANTEE that they are lawfully seized
and possessed of the aforementioned and described tract of land, and that they have a good
and lawful right to convey said easement, and that they will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
SCS Brighton LLC, an Idaho Limited Liability Company
By: Brighton Corporation, an Idaho Corporation, Manager
David W. Turnbull
President, Brighton Corporation
STATE OF IDAHO )
ss
County of Ada )
On this da of 2013 before me the undersigned,
y , a Notary
Public in and for said State, persona ly appeared David W. Turnbull known or identified to me to be
the President of the Corporation that executed the within instrument, and acknowledged to me that
such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written. Z--)
r.
i ai,t
5
} +a
Sanitary Sewer And Water Main Easement
Parcel 16 - SCS Brighton, LLC - Easement No. 2
Commission Expire
Page 2 of 3
GRANTEE: CITY OF MERIDIAN
Tamm e Weerd, Mayor
City Of
C E ILIAN!-,
SEAL,
A( es b J y Holman City Clerk
"41he 7AEA5��
Approved By City Council On:
STATE OF IDAHO )
ss
County of Ada )
red
On this day of ,4 V), , 2013, before me the undersigned,J c
a -��c.� ne:,,�
Notary Public in and for said State, personally ap ear'T TAMMY DE WEERD and4AYC--E-� .
HL1t�fA-%1, known to me to be the Mayor and Ci- eler respectively,of the Ci '
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.
Sanitary Sewer And Water Main Easement
Parcel 16 - SCS Brighton, LLC - Easement No. 2
i/-,- 4AO
NOTARY PUBLJC FOR IDAHO _
Residing at: toy -�
Commission Expires: 1
Page 3 of 3
A a :
UTILITY EASEMENT DESCRIPTION
FORTHE
CITY OF ME' RIDI^ IDAHO
PARCEL 16 — SCS BRIGHTON� LLC
EASEMENT NO. 2
An easement for utility purposes located in the NW 1/4 of Section 14, Township 3 North, Range I
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron- pin marking the northwesterly comer of said NW '/4
from which a 5/8 inch diameter iron pin marking the northeasterly comer of said NW 1/4bears
S 89'09'35" E a distance of 2658.24 feet;
Thence S 89109'35" E along the northerly boundary of said NW 1/4a distance of 1254.12 feet to
a point;
Thence leaving said northerly boundary S 0134'27" W a distance of 60.00 feet to the POINT OF
BEGINNING;
Thence continuing S 0°34'27" W a distance of 58.95 feet to a point;
Thence N 89°09'35" W a distance of 44.73 feet to a point;
Thence N 0'50'25" E a distance of 58.95 feet to a point;
Thence S 89'09'35" E a distance of 44.46 feet to the POINT OF BEGINNING.
This parcel contains 2,629 square feet (0.060 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
March 5, 2013
eUA,1'�
0
�-/3O%-
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I
BOISE IDAHO 04/24113 01:45 PM
DEPUTY RECORDED -REQUEST g
REQUESiOF'�IIIII'IIIIIIII'�IIIII'I'lllllll'I'
Merdian Clry 113044236
PARCELWATER MAIN EASEMENT
BRIGHTON
THIS INDENTURE, made this c01 day of �r� , 2013 between
Steven C. Smith and Brighton Investments, LLC as tenants in common, the party of the first part,
and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of
the second part, and hereinafter called the GRANTEE;
WITNESSETH:
WHEREAS, the GRANTOR desires to provide a sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water main is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipelines from time to time by the GRANTEE;
NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and
other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the
GRANTEE the right-of-way for an easement for the operation and maintenance of sanitary sewer
and water mains over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water lines 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 sanitary sewer and water lines, 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.
Water Main Easement Page 1 of 1
Parcel 17 - Steven C. Smith and Brighton Investments, LLC
THE GRANTOR hereby covenants and agrees 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 GRANTOR hereby covenants and agrees with the GRANTEE that should any part of
the right-of-way and easement hereby granted 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 GRANTOR does hereby covenant with the GRANTEE that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and lawful
right to convey said easement, and that they will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
Brighton Investments LLC, an Idaho Limited Liability Company
David W. Turnbull
Managing Member, Brighton Investments LLC
STATE OF IDAHO )
ss
County of Ada )
On this dav of 2013 before me the undersigned, a Notary Public
in and for said State, personally a eared David W. Turnbull known or identified to me to be the Managing
Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that
such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand, ffixed my official seal the day and year fist
above written. f%
Water Main Easement Page 2 of 2
Parcel 17 - Steven C. Smith and Brighton Investments, LLC
§.1 1 §
�rOTARLI �
R JDAK6
Residing at.
Commission Expires:
Water Main Easement Page 2 of 2
Parcel 17 - Steven C. Smith and Brighton Investments, LLC
GRANTOR:
Steven C. Smith
Ste n
STATE OF IDAHO )
ss
County of Ada )
On this -.-Az day of , 2013, before me, the undersigned, a Notary Public in
and for said State, personally apikared Steven C. Smith known or identified to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same.
IN f rNESS WHEREOF,I-hale' ' set my hand and affixed my official se -the day and year fist above written.
AMANDAWCURRY
el
NOTARY PUBLIC
Ci STATE OFF OiTARY PUBLIC FW IDAHO r
Residing at: i 2
Commission Expires:
GRANTEE: CITY OF MERIDIAN
eerd, Mayor
Attest by(Yaycee L. Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO )
ss
County of Ada )
On this r _ day of , 1 , 2013, before me, the undersigned, a Notary Public
in and for said State, personally appeare 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 affix d my official seal the day and year first above written.
X0660004
*� jQ
->` \
, TARY PUBL FOR
" SEAL) siding at:P�1
Commission Expires: 0' n L C) L
Pa
Water Main Easei nt �1 ge 3 of 3 � Gt�
Parcel 17 - Steven Cithi-4,Btighton Investments, LLC
UTILITY EASEMENT 1
FORTHE
CITY OF MERIDIAN, IDAHO
An easement for utility purposes located in the NW 1/4 of Section 14, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the northwesterly corner of said NW %4
from which a 5/8 inch diameter iron pin marking the northeasterly corner of said NW 1/4 bears
S 89°09'35" E a distance of 2658.24 feet;
Thence S 89°09'35" E along the northerly boundary of said NW 1/4a distance of 1254.12 feet to
a point;
Thence leaving said northerly boundary S 0°34'27" W a distance of 48.00 feet to the POINT OF
BEGINNING;
Thence continuing S 0134'27" W a distance of 70.95 feet to a point;
Thence S 89°09'35" E a distance of 9.27 feet to a point;
Thence N 0°50'25" E a distance of 70.95 feet to a point;
Thence N 89109'35" W a distance of 9.60 feet to the POINT OF BEGINNING.
This parcel contains 669 square feet (0.015 acres) and is subject to any other easements existing
or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
February 22, 2013
SKETCH TO ACCOMPANY EASEMENT DESCRIPTION
LOCATED IN THE NW 1/4 OF SECTION 14,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
ADA COUNTY,
10 11
15 14
1254.12
S 89°09'35" E
2658.24'
SCALE: 1 "=20'
1404.12'
«
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S 81 '09'35" E S 12 422 015
BRIGHTON INVESTMENTS, LLC
1/4
I i � r; N roff-M, re mcom R WL � =0
DATE: April 24, 2013 ITEM NUMBER: 5L
Added to the meeting: Legal Department Budget Amendment
OFFICE11 11111 111111111 1 1',"' 11
CLERKS
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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Meridian Environmental Excellence Awards Presentation
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE: April 23, 2013 ITEM NUMBER:
Items Moved From Consent Agenda
MEETING NOTES
r
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
� 1111111 111, 111 111111111111111111
ri 12 31 2 013 ITEM NUMBER: 8A
ITEM TITLE: Knightsky
Public Hearing Continued from April 16, 2013: VAR 13-001 Knightsky Estates by Iron
Mountain Real Estate, Inc. Located on the Northwest Corner of Chinden Boulevard
and N. Linder Road Request: Right-In/Right-Out Access Point to State Highway 20/26
(Chinden Boulevard)
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E—MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
All lywyftf 332=
DATE: April 23, 2013 ITEM NUMBER: •
I of
'TEM TITLE: Thompson Farm
Public Hearing: AZ 13-004 Thompson Farm by R. Orville & Heidi Thompson Located at
975 S. Locust Grove Road Request: Annexation and Zoning of 2.38 Acres of Land with
a C -C (Community Business) Zoning District
•llllllll��J' - 111 J IIIIIII Jill Jill 1
1141
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
P I 1 1111 J� IIIIIIIIII I I 0,MNIMP, 1111111 11 61 111111111 �Ijiyiiijpijiiiiii ��ilillill� I C11 I I �JpI
ALI — I'll � I 117141M I J=
DATE: April 23, 2013 ITEM NUMBER: 8C
on I II
'TEM TITLE: Oak Leaf
Public Hearing: PP 13-005 Oak Leaf Subdivision by Oak Leaf Development Company,
Inc. Located North of Chinclen Boulevard and Approximately a 114 Mile East of N.
Black Cat Road Request: Preliminary Plat Consisting of Four (4) Single Family Lots and
Two (2) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts
MEETING NOTES
IIIIIIIIII 11101111IIIII11101 r 11 111 1
111101 1
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE: April 23, 2013 ITEM NUMBER: 8D
'TEM TITLE: Heron Ridgg
Public Hearing: AZ 13-002 Heron Ridge Estates Subdivision by Mason and Stanfield, Inc.
Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a
1/2 Mile East of N. Black Cat Road Request: Annexation of 10.10 acres of Land from
RUT and R-1 in Ada County to the R-2 (Low -Density Residential) Zoning District
MEETING NOTES
CLERKS OFFICE FINAL A C TION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
NT
APPLICANT
NOTES
INITIALS
DATE: April 23, 2013 ITEM NUMBER: 8E
ITEM TITLE: Heron Ridge
Public Hearing: PP 13-006 Heron Ridge Estates Subdivision by Mason and Stanfield, Inc.
Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a
1/2 Mile East of N. Black Cat Road Request: Preliminary Plat Approval Consisting of
Sixteen (16) and Single Family Residential Lots and Five (5) Common Lots on
Approximately 9.76 Acres in a Proposed R-2 Zoning District
MEETING NOTES
W014
0 MUMS= -
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
121 11111111111 4111111 11,
win
DATE: April 23,2013 ITEM NUMBER: •
ITEM TITLE: UDC Text Amendment
Public Hearing: ZOA 13-001 Unified Development Code (UDC) Text Amendment by
City of Meridian Community Development Department Request: Text Amendment to
Certain Sections of the UDC Pertaining to Block Length, Multi -Family Parking, Storage
Facilities, Bicycle Parking Facilities, Street Knuckles and Other Miscellaneous Clean -Up
Items
MEETING NOTES
444%
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
��pr 1111111plillip 111111111 'ji 11111 111
1111111q 11111111l:111111
DATE: April 23, 2013 ITEM NUMBER: 9A
MULM
Mayor's Office: Resolution No. Proposed # 13-920: Appointing Brian Schreiner to Seat
4 of the Meridian Arts Commission
MEETING NOTES
11111!] 111111p�qjiii 11�11111 ��i
& 1111110 11 1 11i, 1 � A 0
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
107
CITY OF MERIDIAN RESOLUTION NO. 1j, 7 'Zo
' I
Duo 1 1 11 1 1 1 11 1
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN APPOINTING BRIAN SCHREINER TO SEAT 4 OF THE MERIDIAN ARTS
COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Meridian City Code Title 2, Chapter 5 established the Meridian Arts
Commission, its members and terms of their appointments; and
WHEREAS, Seat 4 of the Meridian Arts Commission is current vacant; and
WHEREAS, the City Council of the City of Meridian deems the appointment of Brian
Schreiner to Seat 4 of the Meridian Arts Commission to be in the best interest of the Meridian Arts
Commission and of the City of Meridian-,
IN561011111 111i! 111 �� 1111 i 110 151 11,14 11111111 if 1111111 1 [1 �11=q;!!�
Section 1. That, effective April 23, 2013, Brian Schreiner shall be appointed to Seat 4 of the
Meridian Arts Commission, which term shall run from April 23, 2013 through February 20, 2016,
pursuant to Meridian City Code Section 2-5-3 (C).
Section 2. That this Resolution shall be in full force and effect immediately upon its adoption
and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 25 day of April, 2013.
APPROVED by the Mayor of the City of Meridian, Idaho, this Z3day of April, 2013.
ATTEST:
M
aycee H64man, City Clerk
In 41-0-1011
T
10 4off" 0 SP
City of
SF—A-11
Weerd
RESOLUTION APPOINTING SCHREINER TO MERIDIAN ARTS COMMISSION PAGE 1 OF 1
i;111 111111liq III
DATE: April 23, 2013 ITEM NUMBER:
!,
Donation of Fire Department Items to Idaho Youth Ranch
MEETING NOTES
IIJ
56111111 I;�� IN
, ,
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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WATE: April 23, 2013 ITEM NUMBER:
99awm
Resolution No. Proposed # 13-921: A Resolution Authorizing the Donation of
Household Items to the Idaho Youth Ranch
Community Item/Presentations Presenter Contact Info./Notes
0
DATE:
E-MAILED TO
STAFF
SENT To
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN 1 1 1. /3 - 9 a-)-/ _j
RESOLUTION OF THE CITY COUNCILOF THE CITY OF MERIDIAN,
IDAHO, SETTING FlFINDINGS 1.. PURPOSES 1 DECLARE
SURPLUS PROPERTY 1 AUTHORIZING1. OF THE CITY 1
MERIDIAN1 DONATE HOUSEHOLD 1 IDAHO YOUTH
MERIDIAN,1 1
WHEREAS, it is in the best interest of the City of Meridian to declare that certain
household items 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 allows surplus City property to be
transferred to charitable organizations 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 household items herein until they were sold, if
they could be sold, exceeds their 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 household items listed in Exhibit
"A" to the Idaho Youth Ranch, a non-profit charitable organization exempt from federal income
tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is provide
troubled children a bridge to a valued, responsible and productive future.
1 1' :' 1 1 C • 1', 1 1 1
Section 1. That the Mayor and City Council hereby authorize and declare that certain
household items attached hereto as Exhibit "A" are surplus property.
Section 2. That the Mayor and City Council hereby authorize the conveyance of the
household items listed in Exhibit "A" for no monetary consideration, to the Idaho Youth Ranch,
Meridian, Idaho.
RESOLUTION AUTHORIZING DONATION OF HOUSEHOLD ITEMS TO IDAHO YOUTH RANCH - 1 of 2
2013.
ADOPTED by the City Council of the City of Meridian, Idaho, this Z3 day of April,
'-) q ej
APPROVED by the Mayor of the City of Meridian, Idaho, this day of April, 2013.
APPROVED:
Ud��mw
w
Mayor Taj --de Wgerd
ATTEST:
By:
Ja ce . Holman Cit Clerk
Y � Y C
- , aty �
�t
�/tl
o-r��o-ara d
SEAL
�f the TRFASt}�
RESOLUTION AUTHORIZING DONATION OF HOUSEHOLD ITEMS TO IDAHO YOUTH RANCH - 2 of 2
DATE: April 23,2013 ITEM NUMBER: •
Parks and Recreation Department: Fiscal Year 2013 Budget Amendment Regarding
Generations Plaza Water Feature Remodel for a Not -to -Exceed Amount of $14,500.00
Community Item/Presentations Presenter Contact Info./Notes
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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111-7507 r
Public Works: City Hall Water Feature Update
MEETING NOTES
/V(
W 1 11111 11 1
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
�11,01111 11111111 L FRI, •111��!1111 1111111111111111111 -11''Ir�,111111IIIIIIII F-, 1111111111111 111111111illillilli 1111111111 111 � -
0 � 'a I'll 0111
I � OF — -141
DATE: April 3, 2013 ITEM NUMBER: 9F
PROJECT NUMBER:
IT TITLE:
Community Development: Discussion Regarding Placement of Final Plats on the City
Council Agenda
CaCeb 4c�c
IIJ
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Caleb • ..;
From: Jonathan Seel <j.seel@att.net>
Sent: Tuesday, April 23, 2013 1:44 PM
To: Caleb Hood
Subject: Consent agenda
Caleb:
I was pleased to hear staff will recommend to City Council implementing a consent agenda process for final plats. I
would strongly encourage City Council approval this procedure. Typically any issues with a plat have been addressed at
the preliminary plat stage and the final plat hearing is a confirmation that all conditions have been satisfied. If staff
and/or the applicant have no issues, discussion is not necessary and the plat should be approved. In this case placing
final plats on the consent agenda will reduce the time staff and the Council need to be in secession, yet still insuring
proper approval of the plat.
I would also suggest Council consider consent agenda for noncontroversial items. I have seen this process work in
Boise. In their case if the staff, the applicant and decision making body are in agreement with the recommendations of
the staff report and no one provides public testimony, the item is placed on the consent agenda. Very efficient.
Please let me know if I can be of any further assistance.
Jonathan Seel
WH Moore Company
Wk 208-323-1919
Cell 208-861-2642
DATE: April 23, 2013 ITEM NUMBER: 9G
Legal Department: Discussion Council Start Times and City Council Duties
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
,::, � -� " q C- 7
2) is a qualified elector within the City of Meridian under the constitution and laws of the state of
Idaho.
3) Definitions:
A) "Domicile," for the purposes of this section, shall mean that individual's true, fixed and
permanent home and place of habitation. It is the place where that individual intends to
remain, and to which that individual expects to return when that individual leaves without
intending to establish a new domicile elsewhere.
B) "Qualified elector," for the purposes of this section, shall mean a person who is eighteen
(18) years of age, is a United States citizen, has resided in Meridian city limits for at least
the thirty (30) days preceding the election at which he desires to be elected, and who is
registered to vote as required by law.
11
TIO
Any person shall be eligible to hold the office of council member i1whose domicile is, at the
time of declaration of cap didac 4 0� intent to ee � election, and � ei.octod, remains -
r - f; in the cites limits of the City of Meridian a��d i a qualified elector �� ithi � tho '
of Meridian under the constitution and laws of the state of Idaho. �
l' "Domicile
6( _A t��e�-p-Qses ofthis sectiophaft mean that iji1!Ls tie fixed
and _ermaijelic home and Dlace ofhabitation. It is tine o. he e that indi� id = i t i o
emain and to Nyhich that individual e2gpectq to return when that individual lewies without
nten.dl -esta-lblish a new domcx elsewhere. herein �� �. s of this
section, shalt L"nea a gam` h ieighteen � ea s o a ��s a United States citizen, has
resided in Meri iancit its nor at least the thi � ��� d� ti �i �io�� a'� ��� ich e
desires to be elected, and �vho
A. Assignment: The president of the city council after conferring with the Mayor shall appoint a
city council member to be the Council Liaison of each of the city departments. B. Duties:
1. Generally: It shall be the duty of each Council Liaison to communicate the desires and interests
of the city council to that department, and vice versa, from the department to the council, all as
they shall deem to be in the best interests of the department and the city. It shall also be the duty
of each commissioner:
a. To sign purchase orders and budget amendments pursuant to the City's Finance policies; and
b. To assist the Department Director, as needed, to develop a budget for the ensuing fiscal year; and
c. To review financial reports of the assigned department; and
d. To assure departments compliance with the adopted financial policies and practices of the City;
B. Term:
1. Council Liaison assignments shall be made annually or as needed if there is a vacancy.
1-7-6: ASSIGNMENT OF DEPARTMENT
AVD VV
A. Assignment: The president of the city council after conte ° inR with the Mayor shall gym ` raa
��l �d .�.. La"�..'' m',Jt� 4.F..4✓�J �.t ., .& psi 4-.".��' s"."�e @6. .. �ti+ A43.
a city council member to be�
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council, all as they shall deem to be in the best interests of the department and the city. It shall
also be the duty of each commissioner:
To sign purchase orders and b dLget amendments -p --jrsuant to theitt s F In tic e-_npLicies.,Tnd
To assist o c Q ent Director, -as ne dec -�Lq nd---develop a budget
for the ensuing fiscal yeard-a
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ss• s d� -e. g r .,d -n"2" o. ... 6.; a4u,-be.- c^ fi)-P a
4``. -�'sio^ssa�'"_,�s
Council Liaison assi ceded if there is a vacanc,,,,,,.
The following rules are hereby established, shall be observed in the conduct of any public
hearing before the City Council, and shall be known as the "Meridian rules of procedure for
public hearings":
A. Sign Up To Testify: All persons shall be permitted to testify or speak before the city council
at a public hearing but all such persons that have provided their name and residential address
on sign-up sheets provided by the city shall have priority to speak prior to requesting
additional public comment from other members of the audience. All parties shall be required
to state their name and address for the record in addition to the signup sheet. This rule shall
not apply to staff or technical witnesses directed by the mayor to give evidence or
information to the city council.
B. Recognition By Mayor: No person shall be permitted to speak before the city council at a
public hearing until such person has been recognized by the mayor.
C. Record Of Proceedings: All public hearing proceedings shall be recorded electronically or
stenographically such that said proceedings are capable of being transcribed, and all persons
speaking at such public hearings shall speak before a microphone in such a manner as will
assure that the recorded testimony or remarks will be accurate. The mayor may order at any
time that the record be transcribed. If a party other than an official of the city requests that
the record be transcribed, he shall so request the mayor to effect such, and all costs of
preparing the transcript shall be paid in advance by the party so requesting.
D. Time Limit For Speakers: In the notice of the public hearing or at the commencement of the
public hearing, the mayor may establish a time limit to be observed by all speakers. The time
limit shall be established depending on the number of speakers who sign up for each public
hearing and shall apply only to the speaker's comments. The mayor may also, either in the
notice of the public hearing or at the close of the hearing, indicate that written testimony shall
be received and set a date and time when such written testimony must be submitted in order
to be included in the written report.
F. Questioning Speaker: At the conclusion of a speaker's comments, each city council member,
when recognized by the mayor, shall be allowed to question the speaker and the speaker shall
be limited to answers to the questions asked. The question and answer period shall not be
included in the speaker's time limit as established.
G. Compliance With Rules: Any person not conforming to any of the above rules may be
prohibited from speaking during the public hearing. Should any person refuse to comply with
such prohibition, he may be removed from the room by order of the mayor.
H. Suspend Or Amend Rules: The city council may suspend or amend any one or more of these
rules by vote of one-half (1/2) plus one of the full city council.
I. Interpretation Of Rules By Mayor: The mayor shall have the authority to interpret and apply
the foregoing rules, subject to an appeal to the city council, whose decision shall be
determined by a majority vote of the council members present.
J. Absence Of Mayor: In cases where the mayor is absent from the public hearing or where the
public hearing is before a duly appointed hearing officer, the president of the council or
presiding council member or the hearing officer shall fulfill the duties of the mayor described
hereinabove.
The following rules are hereby established, shall be observed in the conduct of any public
hearing before the4�tun-e. ou ci , and shall be known as the "Meridian rules of
procedure for public hearings":
A. Sign Up To Testify: No ll persons shall be permitted to testify or speak before the city
council at a public hearing a--��-' ss bu ll such persons that lL ac -ted N 1
r+fro idcd their name and = -s--residential address tu fle --on s g -utpsi; -u sheets
b provided by the city shall hayc o: l it to s c l uric to rc � c ti � additional
comment from other members of the audience, All ne-alies shall:e-liebe rre � n ed to state their
name and address dor the record in addition to their shoat. This rule shall not apply to
staff or technical witnesses directed by the mayor to give evidence or information to the city
council.
B. Recognition By Mayor: No person shall be permitted to speak before the city council at a
public hearing until such person has been recognized by the mayor.
C. Record Of Proceedings: All public hearing proceedings shall be recorded electronically or
stenographically such that said proceedings are capable of being transcribed, and all persons
speaking at such public hearings shall speak before a microphone in such a manner as will
assure that the recorded testimony or remarks will be accurate. The mayor may order at any
time that the record be transcribed. If a party other than an official of the city requests that
the record be transcribed, he shall so request the mayor to effect such, and all costs of
preparing the transcript shall be paid in advance by the party so requesting.
D. Time Limit For Speakers: In the notice of the public hearing or at the commencement of the
public hearing, the mayor may establish a time limit to be observed by all speakers. The time
limit shall be established depending on the number of speakers who sign up for each public
hearing and shall apply only to the speaker's comments. The mayor may also, either in the
notice of the public hearing or at the close of the hearing, indicate that written testimony shall
be received and set a date and time when such written testimony must be submitted in order
to be included in the written report.
-)'e '"''":.,'&`x
wLiaB.�b `e.l .:7
iZ�,3'g iJ 6mk.i.a'^o'ii. �.. .s..'Ci.t. k'.A YJ'1 "w bd °a8.m 4. &..A°v' tJ��G.14s �A.b'a.4d& 6Jd gb2J L2hb.iWA�A�yb...i tgEJ �' &bB. RK�,/AA L�6�6$,V `w.s. "�EJ^�Y L5?. Cn✓AA. t. WJ ^vyt t..3 Vim. '�13"m'
F. Questioning Speaker: At the conclusion of a speaker's comments, each city council member,
when recognized by the mayor, shall be allowed to question the speaker and the speaker shall
be limited to answers to the questions asked. The question and answer period shall not be
included in the speaker's time limit as established.
G. Compliance With Rules: Any person not conforming to any of the above rules may be
prohibited from speaking during the public hearing. Should any person refuse to comply with
such prohibition, he may be removed from the room by order of the mayor.
H. Suspend Or Amend Rules: The city council may suspend or amend any one or more of these
rules by vote of one-half (1/2) plus one of the full city council.
I. Interpretation Of Rules By Mayor: The mayor shall have the authority to interpret and apply
the foregoing rules, subject to an appeal to the city council, whose decision shall be
determined by a majority vote of the council members present.
J. Absence Of Mayor: In cases where the mayor is absent from the public hearing or where the
public hearing is before a duly appointed hearing officer, the president of the council or
presiding council member or the hearing officer shall fulfill the duties of the mayor described
hereinabove.
PRESIDENT
t ♦,, ,, PRESIDENT OF CITY COUNCIL.
The President and Vice President of the City Council shall have the following duties, rights and
obligations:
A. President:
1. Election: The city council shall elect a city council member to serve as the President of the City
Council. The vote shall be a majority vote by the city council. The vote shall be held in January
every year. The city council member nominated to be elected as the President shall have the right
to decline the nomination
2. Term: The President shall serve a one year term. The City Council may select the same
councilmember to serve consecutive terms if they so choose. He may serve two (2) consecutive
terms but not more than two (2) consecutive terms of one year each term; a council member may
serve as President again but shall not serve as President for more than two (2) consecutive 3.
Duties:
a. The President shall have the authority to, and shall, act as the mayor of the city during the
absence or disability of the mayor until the mayor returns, as required under Idaho Code
section 50-608; and
Pursuant to Idaho Code the Council President shall, with the assistance of the Mayor, set the
Council agenda; and c. The President, shall have the authority to appoint councilmembers as
department liaisons, pursuant to City ordinance; and
d. The president of the city council shall represent the City Council as appropriate in all other
matters.
e. The President of the City Council and the Mayor shall confer annually to determine if
Councilmembers should represent different sections of the City.
B. Vice President:
1. Election: The city council, by their own action, shall elect a city council member to serve as the
Vice President of the city council. The vote shall be held in January every year. The city council
member nominated to be elected as the President shall have the right to decline the nomination.
2. Authority: The Vice President shall have the authority to, and shall, act as the President of the
city council during the absence or disability of the President. If both the mayor and city council
President are absent from the city, the vice President shall have the authority to, and shall, act as
the mayor of the city during the absence of the mayor and council President.
C. Seniority:
1. In the absence of the President and Vice -President of the City Council the senior member of
the City Council shall be authorized to act in their place.
2. Seniority shall be determined by the Councilmember's years of service on the City Council.
In the event the time of service is the same then it can be determined by a coin flip.
PRESIDENT AND VICE PRESIDENT OF CITY CO
The pi--,-:t-i-resident and = c,- Vic.- of the tv u l shall
have the following duties, rights and obligations:
A. President:
Election: The city p ccil shall elect a city council member to
serve as the Pf n l resides taof the a ifs -�' C c rci1. The vote shall be a majority vote
by the city council. The vote shall be t$ a l cls. in
January eery ear. The city council member nominated to be elected as the �� Fntresident
shall have the right to decline the nominatioyn� n-414414-=
bein JanuaryveryYear.
1-0-e
prm4dea. 'Lhe city council member nominated to be elected as the President shall have the right
to decline the nomination.
Authority: The -,z�_,eVice F shall have the authority to, and shall, act as the
tlresdenp of the city council during the absence or disability of the
If both the mayor and city council ppeesi4ePresident are absent from the city, the vice
pne,s4entPresiclepq shall have the authority to, and shall, act as the mayor of the city during the
absence of the mayor and council preck.1 re ident.
dw-b y4hee�_4,
1. In the absence of the Presiderit and Vice -President of the Qjty_Qp_the senior member of
the City Council shall be authorized to act in their place.
:e.
2. Seniority�hqjll �bq determined by the Counwilmember's vears of service on the CitY Council,
In the event the time of service is the same then it can be determined bar a coin flim
DATE: April 23, 2013 ITEM NUMBER: 9M
11111:11AA-ftt"
Mayor's Office: State of the City Budget Amendment for the Not -to -Exceed Amount
of $12,455.00
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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DATE: April 23,2013 ITEM NUMBER: 91
Mayor's Office: MYAC Community Events and Travel Amendment for the Not -to -
Exceed Amount of $11,750.00
ACTIONMEETING NOTES
CLERKS OFFICE FINAL
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
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DATE: April 23, 2013 ITEM NUMBER: 1 OA
kIMM1111111014M
Third Reading of Ordinance No. 13-1549: Large -Scale Special Events Update to
Temporary Use Code
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIANORDINANCE
C I 1 I • r' •
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING
RELATINGSECTION 34-1� I THE DEFINITION IAMENDING
MERIDIAN CITY CODE• , I STANDARDS I DENIAL
•'' TEMPORARY USE PERMIT APPLICATIONS;1 1 CODE
DATE.SECTION 3-4-3(C)(6), RELATING TO LARGE-SCALE SPECIAL EVENTS; AND PROVIDING
AN EFFECTIVE
WHEREAS, the City Council of the City of Meridian has instituted a procedure by which outdoor
sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for
the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in
such outdoor sales and temporary uses;
WHEREAS, the permitting procedure and standards have been found to encourage outdoor sales
and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and
desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that
support and facilitate community events and celebrations;
WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are
intended to improve and refine the processes and standards established therein, specifically, to address
large-scale special events;
THEREFORE, ORDAINE 1 BY • "1 CITY COUNCIL
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Meridian City Code section 3-4-1 is hereby amended to read as follows:
SPECIAL EVENT:
A. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons
which:
1. Changes, attempts to change, or has a tendency to change the typical use of publicly accessible
land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the
streets, sidewalks, or other publicly accessible areas; and
2. Takes place, whether entirely or partially:
a. On a street or sidewalk located within the city and will likely result in some or total
obstruction of such streets or sidewalks; or
b. On any other property, whether public or private, but requires for its successful
execution the provision and coordination of city services to a degree over and above that
which the city normally provides; or
c. On or in any area open to the public,
B. Special events may include, but shall not be limited to:
1. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a*
combination thereof;
2. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves
the expression of opinions or grievances of persons for a common purpose;
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 1 OF 6
3. Performance, presentation, ceremony, concert, or exhibit;
4. Athletic competition, race, or contest involving sports, games, or exercises; or
5. Community or neighborhood celebration, gathering, or block party.
C. Special events shall be classified as a "Large -Scale Special Event" where it is anticipated that five
thousand (5,000) or more persons will attend the event, or where three or more of the following factors
1. It is anticipated that two thousand (2,000) or more persons will attend the event;
2. Extra -duty police officers will be required to staff the event in order to adequately protect public
safety, as determined in the discretion of the Chief of Police or his designee (for exam 1p e: high-
risk activity, live music or other performance, street closure, traffic increase or pattern change
etc.
3. Alcoholic beverages will be served or sold at the event, and/or
4. Structural or electrical permits will be required,
D.-�- The definition of special event shall not include:
1. An activity held solely on private property not accessible by the general public and which
neither requires the provision and coordination of city services to a degree over and above that
which the city routinely provides nor compromises the ability of the city to respond to a public
safety emergency;
2. An activity, including first amendment activity, occurring on streets or sidewalks within the city
or in or on city property, where such activity neither results in the obstruction of streets or
sidewalks, nor requires the provision and coordination of city services to a degree over and above
that which the city routinely provides, nor compromises the ability of the city to respond to a
public safety emergency;
3. Funeral processions; or
4. Programmed activities provided or managed by the city.
Section 2. That Meridian City Code section 3-4-3(A)(6)(d) is hereby amended to read as follows:
d. The city clerk shall deny an application for a temporary use permit where:
(1) The application is incomplete or required application materials or fees have not
been timely submitted;
(2) Investigation of such application or application materials reveals that provided
information is invalid, false, or incomplete;
(3) The proposed temporary use will not be conducted in accordance with all
applicable provisions of law, including, but not limited to, this section;
(4) A violation of the Meridian unified development code or of this section is
occurring upon the property upon which such proposed temporary use is proposed
to occur; er
(5) The applicant has been convicted of a violation of any provision of this section
within the five (5) years preceding the date of submission of the application;,;
(6) The applicant has an outstanding balance due and owing to the City of
Meridian; or
(7) The applicant has violated a provision of a prior Special Event Agreement duly
executed between the applicant and City within the five (5) years preceding the
date of submission of the application,
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 2 OF 6
Section 3. That Meridian City Code section 3-4-3(C)(6) is hereby amended to read as follows:
6. The following general standards shall apply to all Special Events; additionally, the following specific
standards shall also al)-olv to Large -Scale Special Events
a. General 9standards For All Special Events:
(1) ft.—A complete application for a temporary use permit for a special event shall be
submitted to the city clerk at least thirty (30) days prior to the first day of the proposed
special event;,_providedchat an application for a TemporarX Use Permit for aLame-Scale
Special Event shall be submitted at least sixty (60) calendar days prior to the first day of
the proposed Large -Scale Special Event
(2)13�: It shall be unlawful for an organizer of a special event, or any person, to conduct,
allow, organize,iue,promote, or cause to be u T,o,•� �,*•f;�^� ^ ^ted conducted or
organized a special event without the following:
LA
-(-O-A city of Meridian temporary use permit.
a -(2)-A city of Meridian citizen's use permit, where applicable.
LC,)-WAny and all applicable licenses, permits, inspections, and/or certifications
from the Central district health department,
�P)-(4Any and all applicable licenses, permits, inspections, and/or certifications
from the Idaho tax commission.
Q-(5) Any and all licenses, permits, inspections, and/or certifications required by
this title, including, but not limited to: server training certification, and private
security services licenses.
CF) -(6) -Any and all licenses, permits, inspections, and/or certifications required by
title 10 of this code.
a -(7 -)-Any and all licenses, permits, inspections, and/or certifications required by
title 13 of this code and/or the policies of the Meridian parks and recreation
department.
LHJ-{--Written consent of the owner(s) of any and all property or properties on
which the special event is to occur.
0--(9- Proof of an insurance policy, issued by an insurance company licensed to do
business in Idaho, protecting the applicant and/or any employees and/or agents
thereof from all claims for damages to property and bodily injury, including death,
which may arise fiom operations under or in connection with the special event.
Such insurance shall name the city as additional insured, and shall provide that the
policy shall not terminate or be canceled prior to the expiration date without thirty
(3 0) days' advance written notice to the city, Such insurance shall afford minimum
limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five
hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five
hundred thousand dollars ($500,000.00) per occurrence property damage;, provided
that the minimum limits for Lame -Scale Special Events shall be as set forth below.
Q-(e)No provision of this subsection shall preclude the application of any and all other
licensing and/or other applicable provisions of local, state, or federal law to any special
event organizer, nor exempt any vendor or participant in a special event from compliance
with any and all other licensing or other applicable provisions of local, state, or federal
law, except that where a special event includes vendors or participants that would
otherwise require city of Meridian licenses or permits to operate as mobile sales units or
temporary sales units, such vendors and/or participants shall be exempt from such
requirement, provided that this exemption shall apply only to vendors and/or participants
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 3 OF 6
represented on the site plan(s) or map(s) submitted by the organizer; and further provided
that such exemption shall apply only for the time, at the place, and in the manner specified
for such special event in a validly issued city of Meridian temporary use permit.
.(4)-(d)Special events shall be allowed for a period not to exceed fourteen (14) days within
any ninety (90) day period.
LS)-(e)It shall be unlawful for any person to conduct, allow, or organize a special event in a
residential district, except that:
(A) Neighborhood events or block parties shall be permitted in residential districts
without a temporary use permit, although a city of Meridian citizen's use permit
may be required.
(B) Special events involving a route, such as races, parades, or marches may be
permitted in residential districts, so long as such special events both start and end in
nonresidential districts,
L6)-(f)The following provisions shall apply to any and all temporary signs related to a
special event:
,()-(4)-It shall be unlawfid for any person to install, erect, post, or display or to
allow or cause the installation, erection, posting, or display of a temporary sign or
temporary signs where the quantity or dimensions thereof exceed the limitations set
forth in this subsection. No more than two hundred (200) temporary signs with an
area not to exceed six (6) square feet shall be installed, erected, posted, or displayed
for the purpose of identifying, promoting, advertising, or directing patrons to a
special event. No more than twelve (12) temporary signs with an area not to exceed
thirty two (32) square feet shall be installed, erected, posted, or displayed for the
purpose of identifying, promoting, advertising, or directing patrons to a special
event.
0 -(2) -It shall be unlawful for any person to install, erect, post, or display or to
allow or cause the installation, erection, posting, or display of any temporary sign
identifying, promoting, advertising, or directing patrons to a special event upon any
property without the permission of the owner of such property.
,( )+3)A.ny and all temporary signs identifying, promoting, advertising, or directing
patrons to a special event shall be removed within twenty four (24) hours of the
conclusion or close of such special event.
b. Additional specific standards For Large -Scale Special Events
(1) At least fourteen (14) days prior to submission of an application for a Temporary Use
Permit fora Large -Scale Special Event, the organizer of a Large -Scale Special Event shall
request and attend.a pre -application meeting with City staff to identify and address potential
hazards presented by such event to public health, safety, and convenience Upon request by
the applicant, the City Clerk or designee shall schedule such meeting, which mU include, as
necessary, City staff from the Police Department, Fire Department, Parks and Recreation
Department, City Attorney's Office, and/or other departments
(2) A complete application for a Temporary Use Permit for a Large -Scale Special Event shall
be submitted to the city clerk at least sixty (60) days prior to the first da o� f the proposed
special event.
LARGE-SCALE SPECIAL EVENTS CODE UPDATE PAGE 4 OF 6
(3) It shall be unlawfut for .an..organizer of a Lan -ye -Scale Special F'xetit, or any persol.-I. to
conduct, allow, or organize, or cause to be a 1'...a.rge-Scale Special1-'-�'.vent without the followirig:
f,a
Proof of an insurance policy, issued byan insurance coinp,,�ujy licensed to do business
in ldaho, protecting theapplicant and/or any employees and/or agents thereof from all
claims for damages to fropertv and bodily ipjury, includin death, which mgy-gjsg-.fron-i
0 erations under or in connection with the snecial event. Such insurance shall name the
cit as additional insured, and shall rovide that the policy shall not terminate or be
canceled prior to the expiration date without thirty-a0l_&ys' advance Mitten notice to the
city. Such insurance shall afford minimum limits of one million dollars $t OO0�
-per person bodijyLnj. one million dollars ,($1,000,000.00) per occurrence bodily iijury,
and one T.nilli.o.n dollars ($ 1,000,000.00) per, occurrence pLgpertv damage.
(b) A mutually negotiated and agreed-upon Special Event Agreement �Nflth the City to
and . ......
establish the terms and conditions of any City services or property, to be used, y0iother as
required by this chq.pter or at such organizer's election,.J.1icl n estimated pUment due
for all Cit y services provided or necessary to support the event. Notwithstanding the
necessary - --------- -.'-
execution of such contract, all.12ro-visions of this Chapter,, including penalties for
.noncompliance, shalt al2ply, in addition to any remedies set forth in such contract.
Section 4. That this ordinance shall be effective immediately upon its passage and publication.
PASSED by the City Council. of the City of Merid.i,,,M, Idaho, thisday of Ap ril, 2013.
Z3
APPROVED by the Mayor of the City of Meridian, Idaho, this Z5 day of April, 20 1. 3 ).
APPROVED., ATTEST:
41*" 41 A
Tammy deAie'brd, Mayor
A H 0
Iman, City Clerk
I,ARGE-SCALE SPECIAL EVENTS CODE, UPD.,VfE' PAGE 5 OF 6
NOTICE AND PUBLISIIED SUMMARY
OF ORDINANCE P*URSUANT'J."O I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 13
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDINGME'RIDIAN CITY CODE
SECTION 3-44, RELATING TO THE DEFINITION OF SPECIAL EVENT; AMENDING
MERIDIAN CITY CODE SECTION* 3-4-3(A)(6)(d),'R'l1-,I,AT.I"NG TO STANDARI)SFOR RE NIAIJ
OF TEMPORARY USE PERMIT APPLICATIONS; AMENDING MERIDIAN CITY COD'
SECTIO'.N'3-4-3(C)(6), RE'LA'I.'.-I'N'G,ir'['O.['..,.ARGE-SCAI,E SPECIAL EVENTS; AND PROVIDING
AN EFFECTIVE DATE.
The full text of this ordinance is available for inspection at City I hall, City of Meridian, 33 East
Broadway, Meridian, Idaho. This ordinance shall become effecti
effective tipon .its passage and publication.
of N1 Wdian
Mayor and City Council
By: Jaycee Holman, City Clerk
First Reading: 2o\?5
Adopted after first reading by suspension of th�`Riit if§lalowed pursuant to
Idaho Code § 50-902: YES NO
Second Reading: q ko
j-'?_ 0 � ?,
.......... ..
'J"hird Reading:'
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
A.DEQUAGCY OFSUMMA'RY'OFOIZ.D'INANCENO.13--il.5
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, i.ereby certifies that
he is -the legal advisor of the City and has reviewed a copy of the attached Ordinance no. of
the City of Meridian, Idaho, and.b.as found the same to be true and complete and provides adequate notice
to the public pursuant to Idaho Code § 50-901A(3).
DATED this1-:5 day of
. ........................ .- �
013.
Nary, City Attorney
LARGE-SCAT.,E'Spr,,ciAL EVENTS CODE UPDATE, PAGF 6 o.r� 6
1111111 lip 11 111 111111111111 Jill 1111111111111IF11111 IIIIIIIIIII III III
DATE: April 23,2013 ITEM NUMBER: 10B
:V161ki
Second and Third Reading of Ordinance No. 13-1551: An Ordinance Amending Title 4,
Public Health & Safety, Chapter 1, Sanitary Service System, of the Meridian City Code,
for the purpose of including Definitions for Commercial Recycler, Commingled
Recyclable Material(s), and Source -Separated Recyclable Material(s) in 4-1-3; and to
add "Or Commercial Recycler"to 4-1-10 H. And to Add a New 4-1-11 Commercial
Recycling Exemption; and Re -assign the existing Section 4-1-11 Nuisance Declared to
Section 4-1-12; and Re -Assign the existing Section 4-1-12 Penalty to Section 4-1-13; and
Providing an Effective Date
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN ORDINANCE NO. / 5!5 /
M EAVA FIE
WHEREAS, the City Council desires to promote commercial recycling efforts by its
commercial community in order to reduce the amount of waste that ends up in the
landfill; and
WHEREAS, the City Council finds that in addition to the commercial recycling
services offered by its solid waste franchisee, there are other recycling businesses
wishing to also engage in and provide commercial recycling services to the
commercial community located within City limits; and
WHEREAS, the City Council finds that its solid waste franchisee, Republic Services,
Inc., is supportive of creating a commercial recycling exemption to allow recycling
businesses the opportunity to engage in and provide certain limited commercial
recycling services to Meridian's commercial community; and
WHEREAS, the City Council finds that allowing for the collecting, hauling,
transporting, and/or disposing of certain source -separated recyclable materials from
Meridian commercial customers will promote recycling and its benefits while at the
same time not unduly infringe upon the rights of its solid waste franchisee;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That Title 4, Chapter 1, of the Meridian City Code is amended to
read as follows;
ADA COUNTY HIGHWAY DISTRICT (ACRD); The Ada County highway district,
a countywide highway district of Ada County, Idaho, duly formed and existing under
chapter 14 of title 40, Idaho Code.
SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 1 OF 7
BULKY WASTE: Waste materials intended for landfill disposal, except for major
appliances; with sizes, weights or volumes greater than those allowed for wheeled
carts and containers, such as water tanks and'furniture. Bulky waste does not include
construction debris, dead animals, hazardous materials, or animal stable matter.
CITY: The city of Meridian, Idaho.
COMMERCIAL PREMISES: Business, industrial and institutional premises and
activities, including, but not limited to, construction sites, governmental agencies, and
schools.
COMMERCIAL RECYCLER: means a person or business that: 1) collects, hauls=
transports, and/or disposes of source -separated recyclable materials from commercial
premises located within Meridian City limits for the sole purpose of recycling and 2)
does not collect, haul, transport, and/or dispose of solid waste. This term shall include
any employee or other person acting on behalf of the commercial recycler.
COMMINGLED RECYCLABLE MATERIALS) also known as "single stream" or
"single -sort" or "fully commingled" recyclable materials • Materials including but not
limited to paper, fibers, plastics, and metals, which are separated from solid waste at
the point of generation by the generator thereof but which are otherwise treated as a
single mixture of materials for the purpose of being recycled.
CONTAINER: A large -capacity receptacle designed for the collection of solid waste
or recyclable materials that are created or accumulated at commercial or multi -family
premises with 4 or more units, including front -loading containers, rear -loading
containers, and roll -off containers; also known colloquially as a dumpster.
CUSTOMER: An occupant or owner of any premises, including residential, multi-
family, commercial or other establishment in the city for which solid waste service is,
or has been, provided.
FRANCHISEE: Any person authorized by the city of Meridian, or employed by the
city of Meridian to collect, handle, transport and dispose of solid waste and/or
recyclable materials and who has executed a franchise agreement with the city of
Meridian.
FULLY- AUTOMATED SOLID WASTE COLLECTION SYSTEM: A system for
the collection of solid waste and recyclable materials from residential and multi-
family premises of four (4) or fewer units which: 1) allows a customer to prepare for
collection only the amount of solid waste or recyclable materials that fits within
franchise -owned and -supplied wheeled cart(s) provided to such customer; and 2)
under which the franchisee collects solid waste and recyclable materials contained
within the wheeled cart(s) by means of trucks equipped with an automated hydraulic
lifting mechanism.
SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 2 OF 7
HAZARDOUS MATERIALS OR WASTES: Any chemical, compound, mixture,
substance or article which is designated as hazardous by the United States
Environmental Protection Agency or appropriate State agency.
INFECTIOUS WASTE: Human and animal biological waste, including blood, body
fluids, feces, and/or objects and materials contaminated with same, including that
generated by medical, surgical, dental, and veterinary offices, clinics, hospitals, and
laboratories.
MULTI -FAMILY PREMISES: Residential premises with two (2) or more dwelling
units including, but not limited to, multiplex dwellings, apartments, condominiums,
mobile home and manufactured housing communities, clusters of single-family
residences, and duplexes. Multi -family premises shall not include dwelling hotels,
motels, hospitals, nursing homes, or other congregate housing, care, or institutional
facilities.
OCCUPANT: The person in possession, charge or in control of any unit in multi-
family premises, residential premises, commercial premises or other premises where
solid waste is created or accumulated.
OVERLOADING: Exceeding the wheeled cart or container weight capacity or
volume allowance, allowing objects to protrude outside of a wheeled cart or a
container, or stacking solid waste or recyclable materials outside of a wheeled cart or
container.
OWNER: The person owning the real property where solid waste or recyclable
materials are created or accumulated.
PERSON: Any person, firm, partnership, association, institution, limited liability
company, corporation, trust and/or any other legal entity whether for profit or
nonprofit, public or private, and in the plural as well as singular.
PROHIBITED WASTE: Prohibited waste shall include any waste that has any of the
following general characteristics: extreme temperature; harmful vapors; the presence
of corrosive, flammable, explosive, or toxic chemicals; any physical or other
properties that render collection operations hazardous or create a risk to the
environment or public health and safety. Prohibited waste shall include, but shall not
be limited to: liquid wastes, both bulk and contained; tires; hazardous waste;
refrigerants and any equipment or machines containing refrigerants.
PUTRESCIBLE WASTE: Waste that can decay and stink or become putrid.
RECYCLABLE MATERIALS: Waste designated by the City and/or its franchisee as
that which may be recycled, including, but not limited to, paper, cardboard, plastics,
and metal.
SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 3 OF 7
RESIDENTIAL PREMISES: A separate dwelling or residential unit in the city
occupied by a person or group of persons which may be a single-family residence or
multi -family premises. Each separate dwelling unit shall be considered a separate
residence for solid waste service and billing purposes.
SOLID WASTE: All materials discarded for disposal, including, but not limited to:
putrescible and nonputrescible solid and semi-solid waste, garbage, trash, rubbish,
demolition and construction waste, industrial waste, vegetable solid and semi-solid
waste, dead animal remains in amounts not to exceed twenty-five (25) pounds,
reusable or recyclable materials, bulky waste, and other discarded matter.
SOURCE -SEPARATED RECYLABLE MATERIAL(S): Material(s) separated from
solid waste and set into separate discrete material type containers at the point of
generation by generator thereof for the purpose of being recycled and which are
handled separatelythroughout the collection process.
VECTOR: An organism that can transmit disease,
WHEELED CART: A wheeled receptacle designed for the automated collection of
solid waste or recyclable materials, thirty-five (35) to ninety-five (95) gallons in
volume.
YARD WASTE: Plant material such as leaves, grass, branches, brush, flowers, tree
wood waste, and debris commonly thrown away in the course of maintaining yards
and gardens, and other particular biodegradable waste including Christmas trees.
H. Taking Of Solid Waste Or Recyclables: All solid waste and recyclable materials
placed for collection shall be owned by, and shall be the responsibility of, the
customer until collection. Upon collection, all solid waste and recyclable
materials -shall become the property of the franchisee or commercial recycler. It
shall be unlawful for any person to take, examine, uncover, snoop in, separate,
gather, collect or salvage materials deposited in wheeled carts or containers
except with the express permission of the owner or occupant or as otherwise
allowed by law.
151 WON 11.111111
A. Exemption: Any commercial recycler may collect, haul, transport and/or dispose
of source -separated recyclable materials from commercial premises located
within Meridian City limits, provided that:
SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 4 OF 7
The commercial recycler adheres to all applicable Federal, State, and local
laws and regulations that govern the collection, transporting and disposal of
the recyclable material(s) being collected; and
2. The recyclable materials) are source -separated at the point of collection and
are either;
a. A commodity, meaning that the collection of the material(s) results in a
net commodity payment to the producer of the recyclable materials)
greater to or equal to any collection fees paid by the producer of the
recyclable material(s) to the commercial recycles; or
b. The type of recyclable material(s) includes, and is limited to the
following;
(1) Aluminum and/or tin cans;
(2) Baled cardboard or other baled material that has been baled by the
generator at the site of generation and is ready for market;
(3) Batteries; Consumer batteries- anytype of button, coin, cylindrical,
rectangular or other shaped, enclosed device or sealed container
which is utilized as an energy source for commercial, industrial,
medical, institutional or household uses; and/or Lead -acid batteries
from automobiles, trucks, other vehicles, machinery and equipment;
(4) Construction, demolition and land clearing debris, where the
business performing the services is utilizing self-contained
equipment such as a dump truck or attached wheeled trailer,
excluding the use of the city's solid waste franchisee's roll -off or
drop box containers;
(5) Dead animals weighing more than 25 pounds;
(6) Fats, oil, grease or grit generated from restaurants and other food
service establishments;
(7) Glass; architectural, beverage containers, and structural,-
(8)
tructural;
(8) Material, other; deposited at drop off locations on commercial
premises located within the City of Meridian that accept recyclable
materials for which there is no charge for collection;
(9) Newspaper; newspapers and inserts-,
(10) Paper; stock;
(11) Plastic; plastic bottles, jugs, and plastic byproduct of commercial
manufacturing process, -
(12) Regulated Material; material for which the recycling business is
otherwise licensed to collect, transport, and perhaps process by
governmental or regulatory entity including, but not limited to,
waste oil, antifreeze, electronic waste, hazardous waste, grease
waste, and septic haulers;
(13) Shredded material; paper, hard drives, film, media, and other
byproducts of confidential records destruction business;
SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 5 OF 7
(14) Scrap metal; all structural steel or ferrous metal, including crushed
or shredded automobile or truck bodies excludin auto shredder
residue, or "fluff," rigid containers made exclusively or primarily of
steel, tin-plated steel, and composite steel, cast iron components, all
non -container aluminum scrap includin2 auto arts, siding, aircraft
parts, lawn chairs, window and door frames, pots and pans, foils
and pie plates, and other non-ferrous scrap including conner and
zinc;
(15) Soil;
(16) Textiles: cloth material such as cotton linen wool pylon,
Polyester, etc.. derived from clothing, cloth diapers, linens, carpet
pads, etc.;
(17) Tires; and/or
(18) Wood pallets
3. Nothing contained within this exemption shall be interpreted to allow
commercial recyclers other than the franchisee to collect commingled
recyclable materials from commercial premises located within Meridian City
limits.
E IN
Failure of an owner or occupant of any commercial, residential, or multi -family
premises to receive regularly scheduled adequate solid waste collection service is
herein declared a public nuisance by the city. The city shall have the authority to
order the abatement of such nuisance at the expense of the owner or occupant of the
premises. This shall not limit the right of the city or the owner to seek recovery
against other responsible persons.
The violation of any of the provisions of this chapter or the rules and regulations
adopted hereunder shall be a misdemeanor.
Section 2. That this Ordinance shall be in full force and effect beginning on
the ay of
92013.
PASSED0 the City Council of theCity o Meridian, an, Idaho, this D3 ej
day of , 2013.
SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 6 OF 7
APPROVED by the
of 2013.
ew
Mayor of the City of Meridian, Idaho, this 0 day
90
-0000P'�p, D A UQ
n
City f
ity, o
IDIAN*--
IDAHO
SEAL
Allt
I h I T It t
SOLID WASTE ORDINANCE - SANITARY SERVICE SYSTEM - 7 OF 7
NOTICE 1 PUBLISHED SUMMARY
OF ORDINANCE 1 I.C. 50-901(A)
CITY OF MERIDIANORDINANCE 1
An Ordinance of the City of Meridian amending Title 4, Public Health & Safety,
Chapter 1, Sanitary Service System, of the Meridian City Code, for the purpose of
including definitions for Commercial Recycler, Commingles Recyclable Material(s), and
Source -Separated Recyclable Material(s) in 4-1-3; and to add "or Commercial Recycler" to
4-1- l O:H; and to add a new 4-1-11 Commercial Recycling Exemption; and re -assign the
existing Section 4-1-11 Nuisance Declared to Section 4-1-12; and re -assign the existing
Section 4-1-12 Penalty to Section 4-1-13; and providing an effective date.
A full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon
the passage and publication.
50-v-pj D A tjcuS
7
Go l9��
City Or
Ci of i ' n F IDIAN
Mayor City Council IDAHO
SEAL
By. Jaycee L. Holman, City C
F e°
Po�Ike
TRFASU�
First Reading: q- 1 1 4 13
Adopted after first reading by su ension of the Rule as allowed pursuant to Idaho Code
§50-902: YES NO
Second Reading: LF —2
Third Reading: Z4 . z 3
STATEMENTOF MERIDIAN1, 1 ADEQUACY ;1
SUMMARYORDINANCE NO.
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of -the City and has reviewed a copy of the
attached Ordinance No. 13- 1,--, <� of the City of Meridian, Idaho, and has found
the same to be true and complete and provides adequate notice to the public pursuant to
Idaho Code § 50-901A (3).
DATED this day of April, 2013.
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY — AMENDMENT TO MERIDIAN CITY CODE TITLE 4, PUBLIC HEALTH & SAFETY,
CHAPTER 1, SANITARY SERVICE SYSTEM
11111111 Will
III
1 I I'
April 23, 2013
Ordinance No. Proposed # 13-1553: An Ordinance Amending Title 2, Boards and
Commissions, Chapter 7, Board of Adjustment of the Meridian City Code, Section 6,
Hearing Procedures, for the Purpose of Amending 2-7-6B to Add a New Thirty (30) Day
Filing Deadline to Submit a Request for Hearing before the Board of Adjustment from
the Dated Notice of an Administrative Denial of a Request for a Billing Adjustment;
and Amending 2-7-6C to Add that the City Clerk has Authority to Schedule a Hearing
on an Alternative Date from the Regular Scheduled Hearing Date and Time for Board
of Adjustment, Provided the Hearing is Scheduled Not Later Than Twenty -Eight (28)
Days From the Next Regularly Scheduled Meeting; and Providing an Effective Date
•
f`f/ vim.
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
/?, 14563
CITY OF MERIDIAN ORDINANCE NO.
AN ORDINANCECITY OF MERIDIAN AMENDING TITLE 29 BOARDS AND
CO SS, CHAPTER 79 BOARD OF A JUST ENT, OF THE MERIDIAN CITY
CODE, SECTION 6, HEARING PROCEDURES, FOR THE PURPOSEAMENDING
2-7-6:11 TO ADD A NEWT IRT (30) DAY FILING DEADLINE TO SUBMIT A
REQUEST FOR HEARINGE E BOARD OF ADJUSTMENT F THE
DATED NOTICE OF AN ADMINISTRATIVE DENIAL OFA REQUEST FOR BILLING
ADJUSTMENT; AND AMENDING 2-7-6: C TO ADD THAT TE CITY CLERK HAS
AUTHORITY TO SCHEDULE A HEARING ON AN ALTERNATIVE ATE FROM
THE REGULAR SCHEDULEDHEARING DATE AND TIME FOR BOARD OF
ADJUSTMENT9 PROVIDED THE HEA SCHEDULED LATER THAN
TWENTY-EIGHT (28) DAYS FROM THE NEXT REGULARLY SCHEDULED
ET; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Meridian, believes it is in the interest of City
water and sewer customers that the City's administrative process for resolving water and sewer
billing disputes operates in an efficient and timely manner; and
WHEREAS, the City Council of the City of Meridian, believes that adding a new thirty
(30) day filing deadline to request a hearing before the Board of Adjustment to appeal an
administrative denial of a request for adjustment will improve the efficient and timely processing
of water and sewer billing disputes; and
WHEREAS, the City Council believes that by also allowing the City Clerk greater
flexibility in scheduling hearings before the Board of Adjustment that disputes related to sewer
user accounts as well as water user accounts will be resolved in a more timely fashion;
NOW, ORDAINED BY THE MAYOR AND CITY COUNCIL 1
THE CITY OF MERIDIAN9 D. D.
Section 1: That Title 2, Chapter 7, Section 6, of the Meridian City Code is amended to
read as follows:
A. An authorized water and/or sewer user may request a hearing before the Board of Adjustment
regarding any dispute, appeal, or objection related to such authorized water and/or sewer
user's account, statement, and/or permit including, but not limited to, non-payment and shut-
off of water service (pre -termination hearing), assessment fees, connection fees, wastewater
discharge permits, monthly user charges or other fees established by Title 9 of the City Code
ORDINANCE AMENDING MERIDIAN CITY CODE 2-7-6 - BOARD OF ADJUSTMENT PAGE 10F 3
regarding water and sewer use and service by complying in all respects with the procedures
set forth in this section.
B. The authorized water and/or sewer user requesting a hearing before the Board of Adjustment
(hereinafter "Hearant") shall submit a written Request for Hearing to the City Clerk within
thirty (30) days from the dated notification of administrative denial of a Request for
Adjustment. Such Request for Hearing shall include Hearant's name, mailing address,
telephone number, e-mail address, and water or sewer account number and address; names
and contact information of other interested or involved parties; and a description of the
matter(s) to be brought before and considered by the Board of Adjustment.
C. Upon receipt of a timely and complete Request for Hearing, the City Clerk shall schedule the
matter for hearing at the next meeting of the Board of Adjustment, except that a Request for
Hearing that is received after 3:00 p.m. on the second Wednesday of the month shall not be
heard until the third Wednesday of the following month. The City Clerk has authority to
schedule the matter for hearing at an alternative time, provided the hearing is scheduled not
later than thirty (30) days from the next regularly scheduled meeting. Within two (2) working
days of scheduling the hearing, the City Clerk shall mail notice thereof to the Hearant and to
all known interested or involved parties in addition to the general notice provisions of Idaho
open meeting laws.
D. On the date and time duly noticed for hearing, the Board of Adjustment shall conduct a fair
and impartial hearing on the matter brought by Hearant. Hearant shall be afforded the
opportunity to confront witnesses, to present credible evidence, to personally appear and be
represented and/or accompanied by an advisor or other legal representative, to be judged on
facts adduced at the hearing, and to otherwise be heard on the matter before the Board of
Adjustment.
E. The Board of Adjustment shall maintain a record of all hearings conducted and actions taken.
F. The Board of Adjustment shall provide Hearant with an oral decision at the conclusion of the
hearing, which decision shall include the Board of Adjustment's general findings of fact and
conclusions of law in support of its decision. The Board shall declare the payment of any
money deemed owed to the City due and payable to the City Finance Department
immediately or by a date certain, as appropriate. The Board shall also verbally and on the
record inform the Hearant of his or her right to appeal the Board's decision to the City
Council.
G. The Board of Adjustment shall prepare a written decision including its findings of fact and
conclusions of law. The Chair shall mail the written decision to Hearant within two (2)
working days of the conclusion of the hearing.
Section 2. That this Ordinance shall be in full force and effect beginning on the_4:1�day of
r, 52013.
ORDINANCE AMENDING MERIDIAN CIN CODE 2-7-6 - BOARD OF ADJUSTMENT PAGE 2 OF 3
3 vel
PAS by the City Council o the City of Meridian, Idaho, this day of April,
2013.
APPROVED by Mayor a or of the City of Meridian, Idaho, this C, day of April, 2013.
Tammy d erd, Mayor
ATTEST: EST: QO'OTEL7 q Cr sr
CP
1l0
City of
F,
I, ID`L"!
A�
cee olman, City Clerk .�A H o
r
SEALAl
F� ti
�f�hc 7R@AS��O
ORDINANCE AMENDING MERIDIAN CITY CODE 2-7-6 - BOARD OF ADJUSTMENT PAGE 3 OF 3
1 �,;1 •, 1' 1 1
An Ordinance of the City of Meridian amending Title 2, Boards and Commissions,
Chapter 7, Board of Adjustment of the Meridian City Code, Section 6, Hearing Procedures,
for the Purpose of Amending 2-7-6:13 to add a new thirty (30) day filing deadline to submit
a Request for Hearing before the Board of Adjustment from the dated notice of an
Administrative Denial of a Request for Billing Adjustment; and Amending 2-7-6:C to add
that the City Clerk has authority to schedule a hearing on an alternative date from the
regular scheduled hearing date and time for Board of Adjustment, provided the hearing is
scheduled not later than twenty-eight (28) days from the next regularly scheduled meeting;
and providing an effective date.
A full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon
the passage and publication. o�400rED A
G �
Clty of
p ERIDIA N ,,
i of M ri is vo
Ma ran C ty Council SEAL y
By: Ja cee . Holman, City Clerk yr !be TRE?,
Y Y
First Reading: � - a-3 t 3
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
§50-902: YES NO
Second Reading:
Third Reading:
MERIDIANSTATEMENT OF 1 1 ADEQUACY 1
SUMMARY OF ORDINANCE 1
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the
attached Ordinance No. 13- 15 5 :3 of the City of Meridian, Idaho, and has found
the same to be true and complete and provides adequate notice to the public pursuant to
Idaho Code § 50-901A (3).
DATED this Z5-" day of April, 2013.
cx)S,k I , 01
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY — AMENDMENT TO MERIDIAN CITY CODE TITLE 2, BOARDS AND COMMISSIONS,
CHAPTER 7, BOARD OF ADJUSTMENT
DATE: April 23, 2013 ITEM NUMBER: 10D
m 11
ITEM TITLE: Legacy Church
Ordinance No. Proposed # 13-1554: An Ordinance (Legacy Church RZ 13-001) for the
Re -zone of the south 55 -feet of Lot 15, Lot 17, a portion of Lots 16 and 18, Block I of
Wilson Addition to Meridian, as shown in Book 12 of Plat at Page 708 records of Ada
County, Idaho; a portion of Lots 1-4, Lots 5-8 of Block 4 of Niclays Second Addition to
Meridian as shown in Book 11 of Plats at Page 594 records of Ada county, Idaho and
adjoining right-of-ways. Situate in the northeast quarter of the northeast quarter of
Section 12, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho
MEETING NOTES
[9-76T,71 rJJTr M 11
.rJffUJ=,JJ7Jff,=_ FIMFpii�11111 I
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY WOMM unrisiopner U. hicn AMOUNt A
BOISE IDAHO 04/24/13 01:45 PM
DEPUTY Bonnie Oberbillig
RECORDED—REQUEST OF 113044234
Merdian Cid
CITY OF MERIDIAN ORDINANCE NO.
10
13Y THE CITY COUNCH.41, BIRD, HOAGLUN, 11OUNTREE, ZAREMBA
AN ORDINANCE (R7,13-001 MG1" LEGACY CHURCH) FORTHE RE -ZONE OF
THE SOUTH 55 -FEET OF LOrl" 15, LOT 179 A PORTION OF LOTS 16 & 18 OF
WILSON* A*DDITION TO MERIDIAN, AS SHOWN IN BOOK, -1.2 OF'PLAT AT PAGE
708 RECORDS OF ADA COUNTY, IDAHO, A PORTION OFE TS 1-4, LOTS 5-8
OF BLOCK 4 OF NIDAYS SECOND ADDITION OT MERIDIAN AS SHOWN IN
BOOK I.I. OF PLATS AT PAGE 594 RECORDS OF ADA COUNTY',I'])AH0 AND
ADJOINING RIGHT-OF-WAYS. SITUATE IN THE NORT*['::*['EAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 12,TOWNSIIIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, CITY OF MERIDIAN, SITUATED IN ADA COUNTY,
IDAHO, AND ADJACENT AND CONTIGUOUS TCTHECORPORATE LIMITS OF
THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN,-
ES"I"ARIASHING AND DETERMINING TIIE, LAND USE ZONIN('1'1'
CLASSIFICATION OF O -T (OLD -TOWN) ZONING DISTRICTS IN THE
MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE
SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA CO1JNTY_
RECOR.DER, AND THE IDAHO STATE TAX COMMISSION, AS I..).1.. E1 BY
LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND
PROVIDING FOR A WAIVER OF THEREADINS RULES- AND PROVIDING AN
E CT,
FFE JVE DATE.
BE ITORISA. NED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
SECTION 1. That the 1"ollowing described land as evidenced by attached Legal Description
.1
herein incorporated by reference as 1.`xhibit "A" is within. the corporate limits oftfite. City of Meridian,
Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by
the owner of said property, to -wit: 116' "Legae rch.
J7 y Chu
SECTION 2. That the above-described real property is hereby re -zoned from the R-4 (Low
Density 1. zoning district to the 0-T (Old-'.17own.) zoning district, in the Meridian City Code.
SECTION 3. 1'hat the City has authority pursuant to the laws of the State of Idaho, and the
Ordinmices of the City of Meridian zone said property.
SECTION 4. 17hat the City has complied with all th.e noticing requirements pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property.
RE -ZONE - ANNEXATION — RZ 13-001 MGT LEGACY CHURCH Page 1. of 3
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the, boundaries and. the zoning districts of
the City of Meridian in accordance with this ordinance.
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are
.hereby repealed, rescinded and anntilled..
SECTION 7. J'hi.s ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map Prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State
of Idaho.
o.
SECTION 9. "J"hat 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.
V� ASSED BY THE CITY COUNCIL OF THECITY OF MERIDIAN, IDAHO, this
day of Wa�21 12013. 'd
"2,
'
APPROVED ' BY THE MAYOR OF THE C].*TY OF MERN
IDIA, ID AHO, tris
day of. , -_- 92013
... ........ .. .... ..
�MMV-de WEERD
MAYORTA"I"
ATTEST:
3x.18334
. .... . .......
JA CSE 1�
J. HOLMAN, CITY CLER
RE -ZONE - ANNEXATION — RZ 13-001 MGT LEGACY CHURCH Page 2 of 3
STATE OF IDAHO,
ss:
County of Ada
On this day of.___Ap -C ore me, the undersigned, a Notary Public
2013, before
in and for said State, personally appeared TAMMY de WEERD and JAY'C .'EE 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 the that the City of Meridian executed
the swne.
IN WITNESS WHEREOF, I: have hereunto set any hand and affixed my official seal the
day and year first above written.
..........................
N ARY. U131,1 1,'FOR TD -AHO
RESIDING AT: 1Qe,y-j � (6co
.. . ..........
MY COMMIS SIDN''l."'.XPIRES: on±) z�.,o I
RE -ZONE - ANNEXATION — RZ 1.3-001. MGT LEGACY CHURCH Page 3 of 3
EXHIBIT A.
Legal Description
Ineers, Inc.
Un91nporgs & survoyors
Win Ad. Dasa, 1d. s37os
3131 FaX 208-342-4792
MOT Loomy Church
Old Town
The south t of Lot 16, Lot 17, a prtion of tots 18 4 10, Bkwk i of WOW AddWm to
MwWlan, as show In Book 12 of PW 706 mcords of Ada Caurdy,of 1
t. " of Si4 4 of Mays d Add to f as in S , of P 804
+
cords of Ads county, Idaho and ini Nht-ofwoys. SituaAe, in the nodNmt r of ON
not# at quarter of Swftn 12, Township 3 Nodh, Rsr4e i Wag, So** MorMlon,
Co urdy, Idaho, beim mora pukuwly dowbw as b s
Commencing st tho 000aast oor of said SaWon 12, titoa '19'62 , 109.
rrrirriina of N. Wridlan Rd, and t bowW ry of Ow nw(howl quaftr of uM Sectim 12 to ft
pomfolftownwagol
Thanca continuekV o" " oenWkv of sW N. Meftan Bd, w4 the oast bowKINY of
ft nodboW quarter ot saW SscOm 12, SWIME, 672.00 0 ft cwftdine
InWodon of N. MwWWn Rd. and W A"., which bow NW*iV52Wt1,610,
tram quorW of 12;
Thenoo $69° 'W, WO -04 fog a ths w*flm of W. Me& Avo. to Ove
bon of W. Moplo Avo, mW NW Fist St.,
Thence N00018145W, 617.00 fW vkxV the conWineF St,;
Thenco N89"60'03"E, 30 -OD fW to rift Oght-ofioy of NVY P Si, ilod to Ow
wostedy boundary of sW tot 16,
Thence oonftft N$9060103rt, 128,02 to the wWrly bound 15 W
ry of lit 16,
Thianoo N00018'52W. 66.00 W to t orner otsM Lot16,
N69a50'03T, 104.74 Lot 16
westedy tiNht-of of N. Maddloo Rd.,
Theno conOntir 160'03"S, 63.26 feet to t ai
comprwng 3, or
SYREVIEW RgYAl.
~
28
PAGE 1
Map
I
Exhibit B
3r
wenn
W. M24.0 &M.
*A&wwLfi4U, tAkAko
Exhibit B — Legacy Church
Lul
12f 7
Rezone Sketch for,
I"NMM ^I%Y
mu JL Lwya Church
f7-"-fq7
NOTICE AND PUBLISHED SUMMARY
OF ORDINA.NCI. ',PURS-LIAN"F'I."O I.C. § 50-901(A)
is
NOW -01
7NUIREEN
An Ordinance of the City of Meridian granting re -zoning of the south 55 -feet of Lot 15, Lot
171 a portion of Lots 16 and 18,Block I of Wilson Addition to Meridian, as shown in Book 1.2 of
Plat at Page 708 records of Ada County, Idaho; a portion of Lots 1-4, Lots 5-8 of Block 4 of Nidays
Second. Addition to Meridian as shown in Book 1.1. of Plats at Page 594 records of Ada county, Idaho
and aqjoini.rig right-of-ways. Situate in the northeast quarter of the northeast quarter of Section 12,
J'ownship 3 North, Range I West, 'Boise Meridian, Ada County, Idaho. This parcel contains 3.95
acres more or less. Also, this parcel is SUBJEC]"TO all easements and rights-of-way of record or
implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text
of this ordinance is available for inspection at City Hall, City of Me.ridian, 33 East Broadway
Avertue, Meridian, Idaho. `1his ordi e shall become effiective on the
day of
D A
. ............ ..., V ( I . & '?
201.3.
City of
WAINF-
4 1 IDAHO
I of n
S
Mayor an City Council.
FA L
By: Jaycee I.... *11ol-man, City Clerk
1 4
'irst'Reading:
Adopte after -first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES !!. t* NO
Second Reading:
...........
Third Reading:,
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF
ORDINANCE NO. 13- �,r-5,e`
j ..............
The undersigned, William'[...M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance
No. 4-v%-, 173- 155-4 of the City of Meridian, Idaho, and has found the same to be true and complete
and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3).
DAT.F"a) this ........ day of 2013.
William. I.,.M.Nary
City Attorney
rfl RUNKINGIR ME INVILIMI: OF
DATE: April 23, 2013 ITEM NUMBER: 11
Future Meeting Topics
MEETING NOTES
• - - • - • • •
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS