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Home My WebLink About2005-01-11 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 11, 2005 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird o Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve as Amended 3. Presentation on the EMS Co-location Agreement by Troy Hagen: (10 minutes*) Presented 4. Economic Development Quarterly Report by Cheryl Brown: Presented 5. Discussion of Parks and Recreations Fees: By Catrina Thomas - Proceed 6. Executive Session per Idaho State Code 67-2345(1)(f): No Decision *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - January 11, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the Cay Clerk's Office at 888-4433 at least 48 hours prior to the pubJic meeting~ Janu"ary 21,2005 MERIDIAN CITY COUNCil MEETING APPLICANT January 25, 2005 ITEM NO. & 5-A REQUEST Approve Minutes of January 11, 2005 Pre-Council Meeting Minutes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: ~~ Contacted: EmaHed: Date: Staff Initials: Phone: Materials presented at public meefings shall become property of the City of Merldlan~ Meridian City Pre-Council Meetina Januarv 11. 2005 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, January 11, 2005 by Mayor Tammy "de Weerd. ~ Members Present: Keith Bird, Christine Donnell, Shaun Wardle and Charlie Rountree. Staff Present: Bill Nary, Kenny Bowers! Bill Johnson, Anna Canning, Ted Baird, Catrina Thomas, Diane Stewart, Brad Watson, Bill Musser and Will Berg. Item 1. Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X Christine Donnell X Keith Bird Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Wardle: Mr. President. I move that we adopt the agenda as published. Bird: Before we have a second can I forgot to add one thing. Under Executive Session) Shaun, we need to add an item "F and ubI). Is that okay? Would you agree with that? Wardle: Motion agrees. Bird: Okay, now we can take a second. Rountree: Second. Bird: OkaYr ifs been motioned and seconded to adopt the agenda as published. All in favor? Opposed? ALL AYES~ MOTION CARRIED. Item 3. Presentation on the EMS Co~location Agreement by Troy Hagen: Nary: Members of the Council, Mr~ Hagen is going to come up to the mic~ What I asked him to do is to come and give a little presentation from Ada County regarding the co-location of the EMS personnel in our fire stations~ I have handed out a draft agreement that was prepared by the county. Today I did get a requested change to a couple of conditions in here and I haven't had time to review those from the (inaudible) attorney, Mr~ Fitzgerald. I got it right at the end L Meridian City Pre-Council Meeting January 11, 2005 Page 2 of 15 of the day, so I haven't had time to review those. I don't anticipate those being significant so I will get those to you as soon as I can. I don't think Mr. Hagen has even seen those, but they were just some mi.nor wording changes, but anyway, I will let Mr~ Hagen take it from here, but I just wanted to get that agreement in front of you and if everything looks like this is acceptable then we could put this agreement on in the next week or two for you folks as well as the County Commissioners~ Bird: Thank you Mr. Nary~ Mr. Hagen~ Hagen: Mr. President) Council thank you for giving us this opportunity to come and speak with you tonight~ As you are aware, we have been in ongoing negotiations with Chief Bowers and the Meridian Fire Department about doing a co-location agreement to move one of our ambulances and staff into the fire stations. What you have before you is just a cover letter that outlines the proposal as well as our complete response time analysis that we did for the last fiscal year, which ended September 30, 2004~ A little bit of background on what we utilize in the Emergency Medical Services to identify station locations and determine what OUf deployment strategies will be as we - we work on a call volumeJ which is a little bit different than you may be accustomed to with like the Fire Departments and so forth. They base it on geographYJ where they try to work it where they are covering buildings and they are covering population and so forth and they can set up and determine their station locations years in advance and base that on the growth that they are going to anticipate~ With Emergency Medical Services we based it on call demand. So, we look at exactly where the calls happen and say that's where we need an ambulance to be able to meet our response time standards and our response time standards for advanced life support, paramedic ambulance is eight minutes, 90 percent of the time. That's our goal. For basic life support and what the Fire Departments currently provide, it's for that same thing within four minutes. So, four minutes 90 percent of the time, those are our national response time goals that have been set forth by American Heart Association and that's what we try to attain. Under our current administration (inaudible) previously we were co-located with Meridian Fire Department and were so for many year$ and in my opinion that worked very well. I was a field paramedic at the time. We had a great working relationship with the Fire Department and pretty much exactly what we are proposing today as far as we had an ambulance and personnel staffed in the fire station, we would go out together, we would handle the calls, we would come back and it gave us the opportunity to talk about the calls and really enjoyed a good working relationship, a good education and in overall a very good working relationship. Back when St~ Lukers Meridian was built, our director at that time took advantage of an offer to move a station out there and what they did was they moved it out of the Meridian Fire Department and put it in St Luke's Meridian, which offered us a larger station. It was one of the extra rooms that was functioning as our station in the old Meridian Fire Station as you know was not very well equipped for (inaudible ...-----) and we made it work and it r"" " Meridian City Pre-Council "Meeting January 11, 2005 Page 3 of 15 worked okay. When they built that station it was actually for a regular station with all the amenities and so forth and the director at that time moved it out there. The down side of that is that it moved us away from our call (inaudible) and we have been kind of fighting and scratching to get back into the City of Meridian since that time. As we look at our response times and then we had the funding issues that continued to crawl up with the Medicare rulings and so forth that I am sure that you are well aware of and it's been a matter of how can we move when, you know, we can't afford to build a station? Again, with the change in administration that we had again this year and I was placed in as director, it's one of my priorities was to get back into the City of Meridian and we started ongoing negotiations with the Fire Department to see if we could do something jointly, which could save both taxpayer money and effectively utilize all of our resources. This isn't unique. We currently co-locate in Boise Fire Department, Eagle Fire Department and Kuna Fire Departments and the (inaudible) Fire District, which is operated by Boise Fire. So, this is not new and it has worked extremely well with the other fire departments and I think it will continue to work well here. But again, as we sat down we did this response time analysis and we looked at where are all the calls happening in Meridian in the last - and this is actually nine months snap shot, the map that you have in here~ Because of the dispatch, the CAD change, we couldn't pull the information out of the old system to populate this map. So, this is nine months worth of data - in that map that's immediately following the cover page there. Anyway I by looking at that we said okay where do we need to effectively located to cover 90 percent of our calls in the City of Meridian? We looked at where the current fire stations are located and said that with our current resources that we have at St.. Luke's Meridian and we also are operating one station out of the Boise Fire Station 10 at McMillan and Cloverdale, which hits the corner of the Meridian district as wellt where else could we put one that will optimize our coverage pattern in Meridian 32 of the Ten Mile between Ustick and Cherry Station would be a very good location to do that and so what we are actually proposing is looking at the number of calls where our currentr full transporting - two person transport unit at 51, which is St. Luke's Meridian, moving that one to Meridian 32 and putting a two person ambulance in that station~ Then following that up and putting in one of our single paramedic resources back at St~ Luke's Meridian is what we are looking at right now. That would optimize the coverage for the City of Meridian and with all those three resources in place and again one could be called out at any time, but if all three of them were in place we would have 100 percent coverage for the City of Meridian and we could get the 75 percent of the rural calls for the Meridian Rural District within that 8 minute guidelines and again that kind of goes back to that map on the second page of the cover letter; that is what that is kind of telling you of how many stations are available in the percentages that we can get there and then the map that's in yellow, the yellow is what we anticipate as all the areas that we can reach within 8 minutes from those three stations, which provides very good coverage for the City of Meridian and so that's really what we are trying to optimize by having this co-location agreement is trying to get into the City of Meridian, get back to where we need to be and helping cover that station with (":""" Meridian City Pre-Council" Meeting January 11, 2005 Page 4 of 15 only a minimal impact on either of our operations as far as I can see because again we had a good (inaudible) in the past and certainly anticipate to have that again in the future4 Bird: Any questions for Troy? You said you would have a two person ambulance out there, so, the one concern that we had was the our fire fighters would have to drive an ambulance in, but we won't because you will have two out there? Hagen: Mr. Presidentf Council that is a very good question. That also led into our decision about where we could optimally place our transport unit verses a one-person unit and I know that was a concern for the City of Meridian is that would minimize that chance. Right now the Fire Department does (inaudible) force on critical calls - when we go out there and say hey we need paramedics in the back and they have offered that to us and we certainly appreciate that That's the best overall for all of our patients is to optimize that care. What this would do is that it would cover a majority of the calls with our transport ambulance9 There are still some that are on the fringe where that may run into that. As we had this discussion with Mr~ Nary last week was that part of the agreement, an operational agreement, I think is still something that we need to put together. This agreement here is more letJs get the location and the logistics of that set up and then we will work on it and will continue to work on the operational aspects and develop that~ My goal would be to have all the fire departments and EMS doing it the same wherever they are at in the County. SOt whether they are going to drive or not going to drive, what the criteria is for that and trying to set up a joint thing and as part of the agreement that was sent out by the Ada County Commission to all the cities and fire departments to develop the working group is that we are about to launch into developing that group and which will bring all the fire departments and EMS together and so we can start talking about some of these operational issues and maximize our effectiveness. Bird: Good. I think the Council is very interested in getting the best coverage that we can for our citizens and this is definitely one big step towards ill I believe~ Any other questions Council? Nary: Mr4 President. Bird: Mr. Nary~ Nary: Just to follow up there on what Mr. Hagen said. I think when we are looking at our timing perspective just for your enlightenment, I think as we move towards our EMT Firefighters and moving our workforce in a newer direction) I think that we felt that that was the best opportunity to work with EMS in trying to get those operational types of agreements in place. We did add a condition in here; there was a question that was raised about just the living environment and whether there would be issues or concerns that might be raised internally, just in (:< Meridian City Pre..CouncU" Meeting January 11, 2005 Page 5 of 15 the fire stations~ We just had a provision in there that basically both the entities are going to work to resolve all those differences as much as possible, you know, in the firehouse and if we need to go beyond that we can deal with that, but we just put some language in there that just makes people aware that that was the intent to really at this point just provide a location for the EMS folks to be, a place for their vehicle to be and then we would work on some of those other things as we progress. Bird: Thank you Mr. Nary~ Mr. Wardle. Wardle: Mr~ President I agree that this is something that we have been looking forward to and is very needed within the City for the public safety of our citizens and you addressed a question of mine and that was we have heard some stories in the past of a caner - a fire truck would go and then a one person unit followed again by a transport unit and so I think it is important for at least the city to understand that we have at least the majority of the time the ability to maximize the tax dollars and send that one unit out with the Fire Department as welL Bird: Any other questions for Troy? Thank you very much6 We need to get working on this and get this thing solved and get it out there. Chief Bowers would like to say anything? Bowers: President, Council members, yeah we are excited for them to be out there. As you know we have been trying for years and years to get an ambulance over in this area and I think we are finally real close to doing that~ Having the paramedics in house really helps us out on training issues as Troy said. After a call, after an auto accidentr we come back and the paramedics ask our firefighters why did you cut the roof here? Why did you take the door off here? So, that's kind of a leaming experience~ Then on the other hand, as we go on trauma calls, paramedics will help us out when we come back and say why did you do that? Why did you move the body here? Move the mouth or the head in this direction? SOl it is going to help out tremendously. The one thing that Troy and I have talked about quite often is trust~ I mean, when our people are out in the field, they will trust each other, I think, a lot more if they are living together and know each other a lot more~ Bird: Thank youJ Kenny~ Any questions for Chief Bowers? Thank you very much~ Let)s get this thing going and get it out there~ Item 4. Economic Development Quarterly Report by Cheryl Brown: Brown: I am going to kind of go through some bullet points and a summary of what I have been working on for the last couple of months, then I am going to get to this~ Okay? Then I will open it up for any questions that you have for me when I am done. I have been working with the Department of Commerce and Labor on gathering statistics for the overall picture of Meridian and what I am r....... . Meridian City Pre-Council. Meeting January 11 t 2005 Page 6 of 15 looking for is workforce availability, percentages of what types of businesses are here, size of businesses and per capita income and employment. I am getting these type of questions on the leads that I am getting in from BMEDC, which is BVAP now and the other developers that I have been working with out of Idaho. I have been working with the engineering and building departments with Bruce Freckleton. We are trying to get this process streamlined on some of these commercial projects~ We have already sped up the tenant improvement projects! simplified the preliminary plat applications and we are working on a new tracking report for commercial development month-ta-month and year-ta-year. I have been working with the University of Phoenix with their public relations class and they covered a marketing strategy for Meridian. I worked with the masters class on the Ten Mile Interchange study and we had some really good information on that and I am going to continue working with them towards the economic development efforts for the City of Meridian. They have really been great helping us and working with us and giving me people to work with to pull information that I need~ We are starting a new economic development committee and it's brand new, we just had our first meeting a few weeks ago. We are currently working on an economic development charter and strategic plan. There is a members list in the packet and I will get to that here in a minute~ We are trying to raise money.. So fart we have raised $3,0007 but we have a lot more major companies who have pledged a lot more money, we just havenJt got the checks in yet. I have been compiling property listings and acreages that are available in Meridian, building a base to draw from for the inquiries that I am getting in. I am also gathering letters of support from businesses like T -Mobile to put in the information packets that I send out and to put on the website9 I am working with an advertising agency. We are in the final design for the brochure and it should be done this week. This is the new brochure that we will be sending out as part of the information. We have completed our slogan, built for business designed for living. We are collecting, brandingJ marketing and advertising ideas and prices where we can put these dollars that we do generate. As far as the website, it is up and running. It's user friendly and informative. There is a page in there on how to open a business in Meridian. There is zoning maps that I worked with COMPASS on. There are informational pages and statistics. There is other links on there linking to State, Commerce and Labor, the Chamber of Commerce and other state type businesses that a potential client would be interested in looking at. I am meeting with Circle Tree Media next week to discuss how they are going to be enhancing the design for the Economic Development page, managing it and them funding it so it wonJt have to come out of any city dollars. The meetings that I have been attending is the Boise Valley Economic Development~ I am on the new business attractions committee, the Idaho Economic Development Association, Meridian's Chambers Economic Development Committee and the new committee that we are forming. Also, a community center committee for Meridiane Some leads that I have got in from the Boise Valley Economic Development and from Commerce and Labor have been a lot of - I have been getting a lot of leads on call centers~ I even had one recently that wanted an all Spanish speaking call center and of course we didnJt Meridian City Pre-Councif "Meeting January 11, 2005 Page 7 of 15 have the workforce for that and really the need for this. I have had inquiries on food packaging and distribution centers, home built aircraft manufacturing plants, office and warehouse type operations. I have had inquiries on acreages ranging from 15 acres to 500 acres zoned industrial for warehouse in manufacturing type operations~ Some local things developers and projects that I have been working on was a site selection magazine a couple of weeks for 2004 for a new or expanded facilities. This is for the annual governor's cup rankings, which are published in the March issue. To be eligible for this you need to have either a one million dollar investment, create 50 jobs or more or add an additional 20,000 square feet. I compifed the information and sent this one out and part of that I am going to talk about is in this packet as well. Meridian Market Placet the Movie Cinemas, Bridgetowers commercial building, Silverstone Developer and the businesses out there Central Valley Corporate Park, restaurants and businesses going in on Eagle Road, DBSI, Downtown Meridian - Clair Bowman and I communicate frequently about what is going on in downtown Meridian and how I can help him with the people that he has got interested in coming into downtown Meridian and then a few other developers that I have worked with from ScottsdaleJ Las Vegas and California. I met with Idaho Power on the electrical capacity and the Silverstone area, the Eagle Road and Pine Street area and the Eagle Road in Ustick areas and there is either existing capacity available or plans to increase the electrical capacity in the area and they are also going to be funding our economic development efforts~ I have met with several commercial real estate brokers to establish building and land availability~ I have met with architects, developers and investors and spoke with them on city processes, why Meridian is the best place to do business and how we can best serve their needs~ Once they do commit to coming to Meridian then I will see their project through the process and keep both the city and the developer on a timeline that we both agreed upon~ If you refer to your packets, the first page that I have there is a letter from me that I have sent out. I have that on the website. It's also - I have had real estate brokers want this letter to put into their packets that they send out on any Meridian information~ The second page that you should have this spreadsheet, the commercial activity summary for 2004~ I have broke it out to new buildingsJ tenant improvement and signs and you can see month by month and then down at the bottom there is a combined new buildings and tenant improvements for each month of the year 2004.. The next page is a commercial activity summary for the years 2003 and 2004 and how they compare. The new buildings for 2003r tenant improvements and totals came to 182 for the year. For the year 2004 came to 214~ Bird: Cheryl, excuse me. Those are calendar years, not fiscal years right? Brown: Yes~ The next page - this is only part of what of the information that I sent out to the site selection magazine committee, but I found it real interesting and just kind of narrowed it down for you to look at. If you look at some of these bigger projects that we have here - Fairview Lakes - when I talked to the developers at these different businesses and business parks and ask them what Meridian City Pre-Council. Meeting January 11 J 2005 Page 8 of 15 at build out is your project worth? We have got Fairview Lakes here at 20.6 million dollars with 220 square feet. Silverstone they estimate that at 270 million dollars with 1.55 million square feet. CentrCl.1 Valley Corporate Park 165 million dollars with 1 ~ 1 million square feet. The second to the last page is the economic development committee members' list and if you look at this list you will see that there is some pretty big heavy hitters on this list and these are going to be the people who are spending the money in Meridian. These are the movers and shakers of the economic development for the Valley and I wanted these people on the list because they are going to be the ones helping to generate the businesses coming into Meridian and helping us market these companies to come into Meridian. The last page in here I got sent to me the other day from the Boise Valley Economic Partnership and I am just going to read a couple little quotes in here~ Joel Kautkin is a contributing editor to the Inc_ Magazine. He visited Boise on January 4th. He is conducting research for the next ranking of the top cities for doing business in America. Impressed with the assistance he said he could see how companies consider the area and would be impressed with such services. The top ten cities for doing business in America's article will appear in the March or April of 2005. He did not reveal exactly where the Boise - Nampa MSA ranked but says you placed very high. So this really is a place that people are really seriously looking at. t . . .'- Bird: Thank you very much for the report Cheryl. Council any questions for Cheryl? Wardle: Mr. President. Bird: Mr~ Wardle. Wardle: Cheryl you mentioned that you have got a new process in place to work with both the developers and the city. How are you holding the city to that timeline for permitting? Brown: Bruce Freckleton and I are working on a visual tracking process so that the city can see each step where it is and how long it has been there~ They have their own timelines for different projects. So, I can track it, the developer can track it and so can Bruce down at his office. Donnell: Mr~ President. Bird: Ms. Donnell. Donnell: lots of work that you have been doing in the last - not very long. A couple of questions that I have. I mean I think that we all know that the Economic Development Committee of the Meridian Chamber of Commerce is a volunteer committee, so what they can do they do when they have a little bit of time from their regular jobs. And you did mention that you are serving on that (,n " Meridian City Pre-Council' Meeting January 11, 2005 Page 9 of 15 committee as wel,. So, my question is how much has that contributed to any of these inquiries that you listed? And then I know that you are attending BVEP the Boise Valley Economic Partnership - what is, ,your relationship with Sheryl Boyce and do we have a link from their website, which is truly the website that folks outside of Idaho will go to? They will go to Boise City because that is the city they recognize, not Meridian, so do we have that link established? Brown: Yes, we do~ Donnell: So, it comes to us if in fact they want to do this? Brown: Yes * Donnell: So, tell me - then I will back up on the other question and tell me about the Chamber and what kind of progress, I guess is the best word that you are seeing with the economic development committee with the Chamber. Because they feel disconnected from the city~ Brown: They do and I know that. And my focus is solely on economic development and I know theirs isn't, you know, they have got everything else that they are doing as well. I know Sheryl and I have a really good working relationship. I talked to him all the time and he sends all of the leads to me for my response and he has called me a few times and you know, what do you think about this or what do you think about that? Teri and I have a good working relationshiPJ I feel, but I would like to be the one to send out the inquiries on this because this is my focus and this isnJt their main focus. It's part of their focus, but they have got other things that they are doing and I donJt~ So] I can gather everything and Teri and I have talked back and forth and I have called her to ask her if she had certain numbers or statistics and she has called me aIso~ So, we do share information and em ail each other pretty frequently. Donnell: They do send out a packet of information when you get inquiries? Brown: Yas. Donnell: So what do we have in there in terms of what the city would have to --? Brown: We are revamping those and Teri and I are both working on the brochure together and when we get that brochure finalized and it's in the final stages right now~ Then we are going to look at the whole packet because I think the whole packet needs to be revamped so that we are both sending out the same thing~ Donnell: Yes, exactly~ De Weerd: Mr. President. (....... . Meridian City Pre-CouncU.Meeting January 11, 2005 Page 10 of 15 Bird: Madame Mayor. De Weerd: Just to take that a little bit further is when Cheryl gets an inquiry she does let Tari at the Chamber know, so they are aware when we get those and what we have been doing is basically tailoring each packet to the particular inquiry. SOt it's only relative to that and they don't have to shift through piles of paper to find the information they need. Also, some of the money that is being focused on the economic development from the private industry is to go towards these tools and the same firmf Ryan Riley with Circle Tree Media he came in and talked to us today and stated that he wants to work with the City to package an effective and dynamic website and we will be the benefactor of this package that he is developing so that as they market it they can have an actual place where they can see how dynamic that is, how interactive and responsive to the users. He will focus on economic development and has some ideas that we started working on about one year ago anyway. So, there is a lot of progress that has been made and I guess that some of the un-tangible benefits have been the increased awareness to the business community and to those that are out marketing out of the Valley as to we are serious about our customer service. They have seen that. They have seen the commitment and quite frankly some of the names from people that I have talked to, they are surprised they are involved and they said this speaks highly of their buy in that your effort is very serious and they like what they see. Wardle: Just one more follow up question. Cheryl, you mentioned that we are moving fOlWard with the brochure. There was a discussion that at one point about the Chamber sharing in the cost of the joint brochure. Is that still planned? Brown: Yes. Bird: Any other questions? If not, thank you Cheryl it was a very nice report and I won't be President in the next quarter, but we expect you in three more months. Item 5. Discussion of Parks and Recreations Fees: Bird: I think we got a young lady here that is back with us again that would like to discuss this with US~ Thomas: Do you all have the fee schedule? Just wanted to make sure. Donnell: 1 was trying to print it off from home but - Thomas: I have an extra copy if youJd like to have it. Donnell: I would love one because I think that's really hard to read~ !. .. \ . Meridian City Pre-Councif Meeting January 11 J 2005 Page 11 of15 Thomas: It is really small print This is the activity guide that just came off the press today ~ Bird: This will be in the paper Thursday? Thomas: Vas I Thursday~ Okay, basically this is a list of the fees that we list per any of our activities or sporting events through the Meridian Parks and Recreation~ These are fees that some of them have already been approved and they are noted on the right column by percentage of change. If they are new1 it states new. There are fees that haven't been approved yet and they are needing that approval and basically they are all pretty self-explanatory what the fees are. It's for shelters, softball fields, any of our activities whether they are youth activities, adult activities, our sports, softball, volleyball and basketball and also we have included fees for our special events. There is one for the barn sour that, guess, was the first occurrence last year and then the summer sizzler which was the first occurrence last year and the permits are also new for the amplified sound permitl the park use permit and the short term concession permit. Those are all permits that have needed to be in place for quite some time, so that we can start to hold special events in our parks. We have had people asking to do that for years and we are just now getting into it so that we can finally start holding those. We are also working with the city attorney to work on the ordinance for the sound permit so that we can break the ordinance. Nary: Mr. President~ Bird: Mr~ Nary. Nary: It conjunction with that I am going to hand out a draft ordinance - I sent one for Doug and I didn't realize he was out of town this week, so he has it* What I did was this was the current city ordinance. There is only one exception in the city ordinance to - and that is for regularly scheduled events in the park. In trying to give penn its to folks to allow for I guess ones that are not regularly scheduled then our ordinance needs to have something that allows permitted events. What I did was I had written the Boise Noise Ordinance and so most of these exemptions are very similar to what's in the Boise Noise Ordinances a variety of different things9 We certainly don't have to adopt any of them or all of themJ but J wanted them for an example and you have an opportunity to review them and decide and give me some direction as to which, if any, you would like to have~ The ones that would probably deal with the Park's ones specifically is under the exceptions section twof which is sounds that are in any outdoor municipal score, religious or publicly owned property, park or faci1ity~ So, that way any event that is occurring in the parks the rationale that we would use in the past is if you live next to a park that is kind of how it goes~ That's really realistically what people have to expect~ There will be activity~ There will be a lot more people gathered and that is why you live there and that is something that you don't like} then you probably shouldn't be living right next to a park. The c . . .. c Meridian City Pre~Councif Meeting January 11, 2005 Page 12 of 15 . other one is exception three, which is sounds caused by parades or other events where permits are granted and there is some other language. But, those two would probably cover most of the events that would be involved in park activity. There are some other ones that have said th'ese are the other ones that we had written in Boise and if there is things there you think might be beneficial, I gave a copy to the chief tonight so we could take a look at it as welL We can certainly delete any of those that you would like, add any of those that you would like. We can bring that forward before we get to the approval of those fees in a few weeks. Donnell: Mr. President. Bird: Mrs. Donnell. Donnell: A question for Mr.. Nary on the sound ordinance and we are not ignoring you. We just have to talk about these park messes. Does this have any relation to the noise that was generated by what is it the Louisiana Pacific? So, is this what you are saying in terms of it not being very specific in terms of noise? Nary: No. Well, currently yeah~ The current ordinance basically the portion that you have in front of you that is not underlined is our current ordinance. The provision that a few folks have called me about - a few hundred have called me about is number four is the noise from building~ Butf if you note in the ordinance that basically it says noises from buildings and then it talks about specific kinds of noises, audio equipment, musical instruments, band sessions, social gatherings. So, what the example that)s the ordinance or things that really aren't talking about business operations. Donnell: Well, my question was then you have not made any changes to this noise ordinance to deal with that? Nary: Correct. Donnell: This is strictly just for the use of Parks and Recreation? Nary: Correct~ Donnell: One of the exceptions that is in the Boise one that is in this would deal with not just Louisiana Pacific but general business types of things. Number seven of the underlined section, says sounds caused by devices or machinery that's part of the use for within the confines of a particular zoning designation that the devices are located or pursuant to a conditional use permit~ The rationale behind that provision was if a person goes through or a business goes through the process to get a conditional use permit it didn't make sense to then allow them to operate under one section of the code and then turn around and site (" """"".- M eridia n City Pre-Council" Meeti ng January 11 f 2005 Page 13 of 15 . them under another one. So, thafs one that might address that in the future for Louisiana Pacific, but right now this isn't going to change any of that Donnell: Thank you~ Bird: Any questions for Catrina? Donnell: Mr. President Bird: Yes. Donnell: Catrina there really are no increases then in any of the fees? They are all just new? Thomas: Yeah, they are unfortunately, the fees that we have that (inaudible) new, they are the ones that havenJt been approved. We have just kind of been running without approval and so that is why we are doing this. So, that we can get approval and be legit Donnell: Because there is a requirement, as I understand} that if you increase fees that you would have to publish that increase. Thomas: Exactly. (Inaudible discussion) Donnell: So, none of these fall into --? Thomas: I don't believe so. I think all of them are all new. The ones that we had that had been approved, they are all still within that range. They have stayed within that range of increasing when it had been improved~ So, yeah, the rest of them are all just new. Donnell: Super. Bird: So we need to get - this is the fees that you want? Thomas: Yes. Bird: 50, we need to get a resolution and public hearing set? Thomas: Yes. Bird: And is that two weeks, Will, notice for a public hearing? Nary: Fifteen days. ...... ~ " "" "" to 0 \ ( Meridian City Pre..CounciroMeeting January 11, 2005 Page 14 of 15 Berg: Fifteen days from when ifs published. Wardle: ML President Bird: Mr~ Wardle. Wardle: Catrina, could you refresh my memory~ Has this come forward with a recommendation of approval from the Parks and Recreation? Thomas: Yes. I believe that was in November. Bird: Okay, Council, what is your pleasure? Should we have a resolution drawn up and bring it forward and get the public hearing scheduled? Rountree: So moved~ Wardle: Second~ Bird: Okay, it's been moved and seconded to bring the fees forward with a resolution and a public hearing. All in favor say aye. Opposed? ALL AYES. MOTION CARRIED. Item 6. Executive Session per Idaho State Code 67-2345(1)(f): Rountree: I move that we go into Executive Session per Idaho State Code 67- 2345(1 )(f)(b). Wardle: Second. Bird: It's been moved and seconded to go into Executive Session. Clerk, roll call please~ Berg: Thank you Mr. President, members of the Council. Roll call vote: Rountree, aye; Wardle, aye; Donnell, aye; Bird, aye; All ayes. ALL A YES~ MOTION CARRIED. Bird: I would entertain a motion to come out of Executive Session. Rountree: So moved~ Wardle: Second. t"" : ~< " Meridian City Pre-Council "Meeting January 11, 2005 Page 15 of 15 . Bird: It's been moved and seconded. All in favor? Opposed? Okay, let it be shown that nothing was approved in the Executive Session. That concludes our Pre-Council meeting, Council* I would entertain a motion for adjournment Rountree: Mr. President, I move we adjourn the Pre-Council meeting. Wardle: Second~ Bird: It's been moved and seconded. All in favor? Opposed? ALL AYES~ MOTION CARRIED. MEETING ADJOURNED AT 6:50 P.M~ (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ( I Z;i/ oS- DATE APPROV c.... Janu-ary 71 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 11, 2005 ITEM NO. 4 REQUEST Economic Development Report by Cheryl Brown AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DE?T: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian.. . ::rrrii '~~ oW; CITY OF 1Ift;;! lii~t'. ~;~~ .\. - erldian---<;J;; '<\ ID~\HO J.~ / .. RECEIVED JAN 1 1 2005 c~ of Meridian City Clerk Office MAYOR Talumy de Weerd CITY COUNCIL MEMBERS vVilli am L. M. Nary !(eith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fi.re 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898..5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888- 6 6 78/ fax 846..7366 Pu b lie Warks 660 E. Watertovver Lane Suite 200 898..5500/ fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/ fax 887..1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Watel. 2235 N. W. 8th Street 888..5242/ fax 884-1159 In today's highly competitive and fast-paced market, cities need strong and aggressive economic leadership to meet ever-changing business development goals. I am certain we can contribute this high level of performance to your business team, and I invite you to consider Meridian as your new place of business. Directing business through city development approval processes will be my focus. Meridian encourages business growth by providing some of the fastest construction and business permitting stages in the central Treasure Valley region with supportive personal attention. The city's economic development plan is structured to: )> ~ ~ ~ ~ ~ )> }> );> ~ )> ~ Facilitate communication and negotiating process Create econolnic development tools and incentives Reduce barriers to doing business Promote and market business development programs and services Provide aerial photographs List community and! or county data Outline existing business parks List building, land, lot, inventories Show costs of doing business Outline infrastructure for traffic, fiber optic, water, sewer connections List existing business inventory in the city Provide various necessary business permits With our low business costs, highly educated and productive work force, the City of Meridian can help make your company more profitable. Sincerely, c...J~;U.l1k.~~ ~ Cheryl Brown Economic Development Coordinator City of Meridian CIT'{ HALL 33 EAS~r IDAHO t\VENUE IvtERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-E\X 888.4218 HlL\JAN RESOURCES -E\X 884-8723 FiNANCE & CTILlTY BlLL1NG-FAX 88 7-4813 i\JAYOR~S OFFICE- FAX 884-811 9 ~ o o N ~ ro E E :J (f) ~ ?5 ~ 16 '0 t- O) E E o () en c CD US en -..+-I C (l) E <D > o ~ +J C ro c Q) ~ .,-r-ot-t.()C'>tO('4')t"-t-O<O ~ T""" -r- ~~ C'\l~-r-C'JCOO..q-~C'JOLOO') -.;-~~ ~~~-r-""""~~ (/) Ol C :g 'S CO ~ Z C\1~.q-.q-COl.OtOL()r--Q')LO(t) -r- ~ J:: ~ C o 2 <u 1- s.... ~ .o~Q)Q.) ~\;- ..... E 0).0.0 co~.c (/) EE ~ .0.... e = -. 0) ::dB -g 0) 0) c co..... co c >- Q'l 0.- > u ~~:;;:~:;E~~~~8~t3 co o ~ lD C() -,;- ..c +J C o E ..c u ro Q) S- J2 JB c Q) E Q) > o \- 0.. .s 0> r-- tJ) ro +-* o \- '- N ~ N E Q) o Q) o \- 0 J5 N E Q) > o Z '- Q) .0 .9 (.) o Q) ..0 E 2 0. Q) (f) ......... en :J 0> j <t: ~ "'5 -, CD c: :J -., >. to '2 ......, c co c CD \- -0 C ro (/) 0') c :Q ~5 co ~ Z "0 Q) c :0 E o <.) ~ .t:: o '- ro ~ C' ro :J '- .0 CD U. C ro :J c ro -:> m -r" (j) ~ o N CD N 1O C'J <.0 ~ LD ~ <.0 T""'" N ~ -q- Commerfcial Activity Summary for the years 2003 and 2004 03-New Buildings 03-Tenant Improvements 03-Total 78 104 182 04-New Buildings 04-Tenant Improvements 04-Totaf 79 135 214 ~I M 0 0 all'- N 0 0 0 0 fE ('t) (0 v o ~ co 0 c 0 0 0 ro e.l CD lO co ~ q 0:) 0... ~ 0 en q c 0 cO ,...: 0)" r.O m 0" ~ 0 ~ f- a 0 ~E Q) C'\1 C l"'- I"'- N L() LD ...... C\J 1.0 l- f'... M J.L. (,J "E Q) -,;- N ,..... E a l!) co t.q Lq "t- ....... U) tn "t- C\J ...- <D > r-- ~ 0 ~ 0 C\.I ~!: 0 0 co ~ N C C C C :C C ~ of--" l.!) 0 (]) 0 0 0 0 "2 0 ('t') co >. :;::; :+:i :+:::I :;:; 13 :p :::J 0 0 u u (.) 0 0 ts en (f} ::J :J. :J :J ::J ::1 W +-'" ......., Q) :L- So..... s.... L- 1- I- :J 1:) "'C OJ ~ ......... ...- ~ 1i5 ~ ......, '- W en 00 (/) U'J tn ...... 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C1J Q) OJ Q) Q) Q) Q.) 0 (3 ~ 2 :2: ~ :2: ~ :E :2 :2 2 ~ :2 :2; ~ t----- ~ OJ s- ~ rn (]) 'r"" (/J +-' ~ C]) 13 ~ 0 u 0,) ......... c. co .0 ro co C) 1- 0:: '- :J "t"'- o 'I;'- tj:: ......., a. w CI) .0 '-' Q) i7) co (I) co Q) co ~ .::r:. '-' E a.. 0) s.... ""'- C ~T'"" J!2 ro >- ~ c .E OJ co (]) "'l- C ~ ~ Q) t.I) E c ...J co i2 > z a. Q) c <3 c 0 C t+= c: ~ S t ;: 0 "'C c +5 c:: :J 0 ""'-' co co OJ 0 :c ~ -+-' "C (l) (J) L- eo CO ~ en ~ 0. L.. +Ci) =a ~ !~ 0 co E E c: .~ Q) 0 ~ ......... Q) :2: ~ ~ ~ 0 A3 C 'L: ...c: 0 f-!. 0 co "co 0 C'\I (L) <U l- t) (9 0 I (9 LL <i5 [j -J ....... () ;2 "'l"""" ~ Q.) 0) co a... LO o a t'! t"- '--. ~ Economic Development Committee Members Tammv de Weerd- j\faYfjr deweerdt@nzeridiancity. org Cheryl Brown- Econo/nic Developntent Coordinator brolvnc@n1eridiancity. org Bruce Freckleton- City oflvferidian jreclcleb@meridiancity~ org Tim Rhodes- Chairman- Provizio trhodes@provizio. com Jerry Frank- Vice Chairman- Petra Construction jfrclnk@petrainc. net Mark Bottles- Mark Bottles Real Estate Services n'lbottles@markbottles. com Dave Roberts- Mark Bottles Real Estate Services droberts@markbottles. com Bob Nahas- Nahas Enterprises Inc. bobnahas@mc leodusa~ net Rick Smith- DBS! rsmith@dbsigroup.con1 Kennv Christianson- HaHJ/dns Smith kc@hawkins-smith. com Eric Oaas- Gaas & Laney erik@oaaslaney. com Ron Moser- University of Phoenix ron. moser@phoenix. edu Wade Larson- University of Phoenix lvade.larson@phoenix. edu Travis Anderson- The Sundance Con1pany travis@sundaJ1Ceco. corn Winston Moore- TYH lvfoore Conzpany Jim Hawldns- HighwCIY 12 .Venture Capitctl- Dale Newberry- lvlicro 1 00 Tool dnelvberly@/nicrol OOtoaL com Peter Oliver- Peter Oliver 888-4433 888-4433 898-5500 319-0805 323-4500 377-5700 377-5700 336..6661 955-9800 376-8521 429-9596 888-1505 x2044 888-1505 322-7300 323-1919 888-7310 378-4000 Boise Vallev Economic Partnership (BVEP) DATE: TO: FROM: January 10, 2005 BVEP Board and Membership, Shirl Boyce, Vice President of Economic Development Services Inc. Magazine visits the Boise Valley Once again, the Boise-Nampa MSA's economic vitality has garnered the interest of a national publication~ Joel Kotkin, a contributing editor to Inc. Magazine, visited Boise on January 4, 2005. Kotkin is conducting research for the next ranking of the "Top Cities For Doing Business in America." Kotkin requested assistance in setting up interviews with the CEO's oftmee Boise area companies, ProClarity Corp., Treetop Tech Inc., and The Works Corp. All three companies made the Inc. 500 List of Top Performing Companies in 2004. As Kotkin was in Boise for only a brief time, Shirl Boyce and James Grunke arranged his schedule, including driving him to the interview sites and back to the airport Impressed with the assistance, he said he could see how companies considering the area would be impressed with such service. Indeed, he commented that he was still waiting to hear back from some of OUf competitors whom he plans to visit as well. The "Top Cities For Doing Business in America" article will appear in March or Aprilof2005. Kotkin did not reveal exactly where the Boise-Nampa MSA ranked, but did say "You placed very high!" Janudry 7, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 111 2005 ITEM NO. 5 REQUEST Discussion of Parks and Recreation Fees AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A TIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: Se. attached , J; ilv · ~1} IIfW- SfIK~r ~ G/ (V I ~~ P ctfltJ r Contacted: Emailed: Date: Staff In itia Is: Phone: Materials presented at public meetings shall become property of the City of Meridfan~ Tara Green From: Sent: To: Subject: Catrina Thomas [thomasC@meridiancity.org] Wednesday, December 29.20042:00 PM greent@meridiancity . org fee schedule 2005 Fee Schedule.x1s Tara, Here is the fee schedule we would like to propose for approval by City Council. I'm not sure what else you need or who all I should send it to~ Let me know what else I need to do. Thanks for your help, Catrina 1 (~~~,.... ; . 2005 Meridian Parks Recreation Fee Schedule FEE TITLE Amount Late Reg. % of Change VOLLEYBALL (All Divisions) Team $260.00 0.000/0 Players (min 10) $15.00 O~Oo% Additional Players (over 1 0) $15.00 0.00% ASA Fees $12.00 ... BASKETBALL (All Divisions) Team $500.00 0..00% Players (min 10) $15..00 0..000/0 Additional Players (over 10) $15.00 0.00% ASA Fees $12..00 .. SUMMER SOFTBALL Team $350.00 0.000/0 Player Fee (min. 15) $14.00 0.000/0 Additional Players (over 15) $14.00 0.000/0 ASA Fees $25.00 ." FALL SOFTBALL Team $400.00 new Additional Players(over 15) $10wOO new ASA Fees $12..00 1t' new Tournament $150.00 new SOFTBALL TOURNAMENTS Meridianl$ Own Tournament nonleague $175.00 new Field rental for tournament per game $15 SUMMER CAMP Plan A (Full Day) - 2 weeks $124.00 $144.00 new 2nd Child Plan A $94.00 $114.00 new Plan B (1/2 Days) - 2 weeks $84.00 $104.00 new 2nd Child Plan B $54~OO $74.00 new Plan A - Per Day $15~OO new Plan B - Per 112 Day $1 O~OO new BARN SOUR 1 Mile Fun Run $5.00 new 5K Run $15.00 $20~OO new 10K Run $15.00 $20.00 new SUMMER SIZZLER BasketballM 4 players max" $30lteam new Volleyball - 4 players max. $3 O/tea m new Inline Skating $10~OO new SHELTER FEES: STOREY (200max) 1..50 people $30~OO 0.000/0 Per each 50 Add. $15.00 0..00% Softba II Fields $8..00/hr~ 0_000;& SoftbaJ I Lig hts $1 Q"QO/hr 0,,00% Volleyball Equip.. $10/day 0.00% TULL Y (300max) c... 2005 Merkllan Parks Recreation Fee Schedule FEE TITLE Amount Late Reg. % of Change . Small (30max) $3O~OO 0.000/0 large 1-150 people $60.00 0.000/0 151-200 people $75~OO O~OO% 201 N250 people $90.00 0.00% 251-300 people $1 05~OO O~OO% Softball Fields $8.00/hr. 0..00% Volleyball Equip. $10/day new CHATEAU (30max) 30 people $30.00 0.000/0 SETTLERS (200max) 1-50 people $30~OO 0.000/0 Per each 50 Add. $15.00 0.000/0 Soccer Fields $8. OO/hr. new BEAR CREEK Softba II Fields $8.00/hr. 0..00% PERMITS AMPLIFIED SOUND PERMIT $20.00 new PARK USE EVENT PERMIT $50~OO new SHORT TERM CONCESSION PERMr $25.00 new ALCOHOL PERMITS $20.00 0.000/0 AMUSEMENT EQUIPMENT PERMIT $1 O~OO 0.000/0 BROCHURE YOUTH TENNIS $22.00 * new YOUTH GYMNASTICS $33-50 * 0.00% ART CAMPS $39.00 * new KIDS GOLF BASICS $12.00 'I: new BOWLING Bumper Bowling $22.00 * O~Ooo/o Kid's Bowling $37.00 it 29% BOISE HAWKS FAMILY DAY $5.50 'It new CHESS $40~OO * new ADUL T TENNIS $30.00 * new FOOTBALL CAMP $79.00 * new DG NURSURY CLASSES $1 O~OO * new ADULT GOLF LESSONS $48~OO 1\' new IDAHO ATHLETIC CLUB $29.00 " new YOUTH DANCE $39~OO 'It new YOUTH ART CLASS $34.00 '" new SCRAP BOOKING $7..46 *" new ADUL T ART CLASSES $35.00 * new YOUTH TENNIS TEAM $40.00 * new Tax is not included in fees. (*) Indicates fees that Meridian Parks and Recreation does not set These fees are set by the private organization or vendor providing the c"" " 2005 Meriaisn Parks Recreation Fee Schedule I FEE TITLE I Amount ILate Reg. LI % of Change I selVice.. Meridian Parks and Recreation typically retains 200/0 of the fee to cover the cost of the brochure and administration costs. Classes will be added and removed based on community inte~est and availability. The same 80/20 split will apply to all new classes. Special Events particpant fees will be between $5..00 and $30.00. The fee is set to break even on the cost of the event. The fee will be set for a first time special event and if repeated the following year it will be added to the fee schedule. January 7, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT REQUEST Executive Session per Idaho State Code 67-2345(1} (f) January 11, 2005 ITEM NO. 6 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ;'011 ~ no Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MerJcfian* c CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 11, 2005 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle )( Christine Donnell X Charlie Rountree )( Keith Bird o Mayor Tammy de Weerd 2. Adoption of the Agenda: alprvv.e a-cf a/n(hl.de.d 6~ Presentation on the EMS .~o-Iocation Agreement by Troy Hagen: (10 minutes*) ~Sbr-ted- Economic Development~eport by Cheryl Brown: (drl~ ~ Utl/V n;,.i tJ · Discussion of Parks and Recreations Fees: fJ? C<<. f(")y....fA....., ~ Executive Session per Idaho State Code 67-2345(1)(f): 119 dLct'7I';'" f(6) 3. 4. 5. * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - January 11, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. V\casc... yc&t to-H..tb\ Ie... NO+-IC-C- - \ "1nru<S;. ~~ (... C..... CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 11, 2005 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Presentation on the EMS .~o..location Agreement by Troy Hagen: (10 minutes*) 4. Economic Development Report by Cheryl Brown: 5. Discussion of Parks and Recreations Fees: 6. Executive Session per Idaho State Code 67-2345(1)(f): * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - January 11, 2005 Page 1 of 1 All materials presented at public meetings shaH become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearingsf please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. .. ;~~~f .,);.,~ ~ (~JTY ()F tlJ~4j;: ...~ <<;1[' 1.~: ~I)~ ~\~ erldian dr; \ JDr\HO !f ~~ / . (i:,\" ' 7 .If ~ f!t~ Tl ~L\.."'l"HF V ,"J\"'~ MAYOR Talnmy de Weerd CITY COUNCIL MEMBERS Willian1 L. M. Nary Keith Bird Charles M. Rountree Shal1n Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recrea tion 1.1 E. Bower Stree t 888-3579/ fax 898-5501 Planning & Zoning 660 E. Waterto\ver Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertovver Lane 888-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Sui te 200 898-5500/ fax 898~9551 - Building 660 E. vVa te rtower Lane Suite 150 887-2211/ fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 NOTICE OF PRE-COUNCil MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, January 11, 2005 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issue: -. Presentation on the EMS Co-location Agreement by Troy Hagen -- Economic Development Report by Cheryl Brown - Discussion of Parks and Recreation Fees -- Executive Session per Idaho State Code 67-2345(1)(f) The public is welcome to attend the meeting. DATED this 7th of January, 2005. crry HALL 33 Ef\S'T IDAI-IO A\!ENUE fvlERIDIANt 10/\1-10 83642 (208) 888-4433 CITY CLEHK-E\X 888-4218 HU~li\N HESOUHCES -E\X 884.8723 FINANCE & UTHJTY BILLlNG -E\X 887-4813 i\lAYOH'S OFFlCE- FAX 884.81 j 9 (: ** TX CONF\,:. ,.iTION REPORT ** c. . AS OF JAN 07 · 05..18: 17 PFlGE~ 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD" STATUS 01 01/07 18:05 2088886854 EC--S 00J27" 001 040 OK 02 01/07 18=06 208 895 0396 EC-.....S 00'26" 001 040 OK 01/07 18=07 208 387 6393 EC--S .. . 0'0' 27.) 0131 040 OK 03 84 01/07 18=08 ADR CTY DEUELMT EC--S 130'31" 001 040 OK 0S 01/07 18:09 8885052 EC--S 00'27" 001 040 OK 06 01/07 18:10 IDAHO RTHLETIC C EC--S 0ep 26"" 001 040 OK 07 01/07 18:11 1D PRESS TRIBUNE EC--S 00' 27n 001 048 OK 08 01/07 18:13 2088886701 EC--S 00'27" 001 040 OK 09 01/07 18;16 8985501 EC--S 00' 27" 001 040 OK --~--~--~--~-----~--~--~--~--~~-~~--~--~-----~~-~~-~--~--~---~-~-----~--~---------~--~------ .~~~~~~ ffe~ jJ#r-l- -j;., {Ju/l;-tL //~ of{; CI"f\' OF ~.!!:tY!i!t . ~::::~;.: "I, erldicrn 1; '\. ,IOAHO ;Y (,I"" r. ,.d; ..." ~ ~~~ ~rII!r , HIO~ MAYOR Thtnmy de Weerd CITY COUNCIL MEM~ERS William L. M. Naxy Keith Bird Cruu:lc$ M. Rountree: Sha 1J n Wardle CITY Dli!JARTMENTS Fire 540 E. Franklin Koad 88S~ 1234/ (;n, 895..0390 P~lt'ks & Recreation J] F.. B<)wer SlrcN 881>-3579/ fax 89t!..5S0 1 Phlnrong &= Zoning li(;O E- Watenower Lane StJHl~ 202 884.5533/ fux 888-6854 Poht'~ 1401 E. Watel"towcT I.un~ 888-6678/ filX 846-7366 PuhHc WOtk1; 660 J~. Water LOWer Lane SUth~ 200 898..55001 fax S98~Y551 ~ Buihiing 660 E. Watertower L3nr, Suite 150 887..2211/ fax 857-1297 - Sewer (WWTP) 3401 N. Ten Mile Roncl 888..2191/ fax 88tl-U744 - Water 2235 N, W. 8th Street 888-5242/ fax 884..1159 ---.. NOTICE OF PRE-COUNCfL MEETING MERIDIAN CITY COUNCil NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian win hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall. 33 East Idaho Avenuet Meridianl Idaho, on Tuesday, January 11, 2005 at 6:00 P.M_ The Meridian City Council wi)) be discussing agenda items which are on the regular scheduled City Council meeting as wen as the following issue: - Presentation on the EMS Co-location Agreement by Troy Hagen - Economic Development Report by Cheryl Brown - Discussion of Parks and Recreation Fees - Executive Session per Idaho State Code 67-2345(1)(f) The public is welcome to attend the meeting. DATED this 7th of JanuaJ)') 2005~ ClTY HALL 33 EAST IDAHO AVENUE CITY CLEA.K-~X 888-4218 l'fll'l~\:-.r m:SOllRCt-;S "'11\X 884.H723 MERJD'AN~ IDAHO 83642 (208) 888-4433 (~tN{\i't.F. ~ lfffLl"!Y 81LUNG - ~r{\ X 8fS 7 .4H 13 M~Won's (wncl.!- mx 884-.R' 1 Q 'i ** TX CONFL... . trION REPORT ** c...: '.: AS OF JAN 07 ~ 05....18:(35 PAGE. 01 CITY OF MERIO'IAN DATE TIME TO/FROM 24 01/07 17:55 3810160 25 01/07 17:56 PUBLIC WORKS 26 01/07 17:57 12084664405 27 01/07 17:58 8841159 28 01/07 17:59 2088840744 29 01/07 18:00 POLICE DEPT 30 01/07 18:02 LIBRARY 31 01/07 18:03 92083776449 32 01/07 18:04 3886924 MODE MIN/SEC PGS CMD" STATUS EC--S 0~P 39,t 001 040 OK EC--S 00' 28" e01 040 OK EC--S .. 0ep 27 u 001 040 OK EC--S 130' 271' 001 0110 OK EC--S 00'27" 001 040 OK EC--S 00'27" 001 12140 OK EC--S 00' 32n 801 040 OK EC--S 00' 26,t 12101 040 OK EC--S 130' 26" 001 040 OK --~--~-----~------~--~--~--~------~--~~--~--~---------~--~--------~---------------~----~~--- -:\:<ft,:JJ.~~ 0 (d ~ I)p rJ. _ ~ AJ. do /""> / / /- - -~~.i~~~;(,\\~ r /.k. II. f~ I/'W~~ /lf07T~ ~ P /" C.1'. '''' r~~t -., __ \..JVL erldic:rn 1:r \ ~ IOAHO ~ ~r j ....... ~.;l~~ , r~~~ MAYOR Thlnmy de Weel....' CTTY COUNClL MEMl$ERS William L. M. Nary Keith Bird ChaJ,'lcs M. RO\.lnLrcc Shau n VVardle ClTY DliPARTMENTS Fire 540 E. Franklin HOad 8R8-1234/ fax 895-0390 Pil tks & Rccre:atjon J J F.. Bowel' SireN 888-3579/ fax 898-5501 Planning &: Zoning nnO E. W a.terlOW~r Lane Sltitl~ 202 884-SS3:l! fax 888..6854 Poh ~.~ 1401 e. \Vatertowcr Liln~ 888-66;8/ fax. 816..7366 Puhlic Work~ 660 H. Watel'Lower Lane SuitC: 200 S98w55001 fax 898.955) .. Building 660 E. Wt\t~rtower Li3ot': Suite 150 887-2211/ fLlx 857-1297 - Sewer (WWTP) 3401 N. Ten Mile Ro~d 888.2191/ fax 88t1-U741;). - Water 2:235 N. \V. 8th Street ~88..S242 / fax 884..)159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hallr 33 East Idaho Avenue, Meridian, IdahoJ on Tuesday, January 11, 2005 at 6:00 P.M.. The Meridian City CouncU will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issue: - Presentation on the EMS Co-location Agreement by Troy Hagen .... Economic Development Report by Cheryl Brown - Discussion of Parks and Recreation Fees -.. Executive Session per Idaho State Code 67-2345(1)(f) The public is welcome to attend the meeting. DATED this 7th of January) 2005~ CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, iDAHO 83642 (208) 888-4433 (,;l'ry CLERK -~>\x S88.42JS HV\H~ m:50llRCI~S -H\X 884.H 723 rlNt\:\Cf.. N t.lllLtTY P.U.UNG-I!I\X 887.4H.13 ~lt\YOR'S OrF1CU- J~\X 884.R.H9 ! <.. ...... . ('..: 'J~~:-if1~ (, tJ /e t:fL-( IJp r! -k-r- il/~ 2- !/~ '1-\~'~~' l~ / ' r ~ . C>W;; ClTY OF ~.t~.J. .. . -. ~";.'.;";:ir~ "",~ < -erldicrJ1 },; \ IDAHO ----- MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888-6678/ fax 846 -73 6 6 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Watertower Lane Sui te 150 887 -2211/ fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888- 2191 / fax 884-0744 - Water 2235 NL W. 8th Street 888-5242/ fax 884-1159 NOTICE OF PRE~COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers~ Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, January 11, 2005 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issue: - Presentation on the EMS Co-location Agreement by Troy Hagen -- Economic Development Report by Cheryl Brown - Discussion of Parks and Recreation Fees ~ Executive Session per Idaho State Code 67-2345(1)(f) The public is welcome to attend the meeting. DATED this 7th of January, 2005. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-FAX 888~4218 HU~IAN RESOURCES -E-\X 884-8723 FfNANCE & UTJLlTY BJLUNG -FAX 887-4813 i\1AYOR~S OFFlCE- FAX 884~8119 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 11, 2005, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x X Shaun Wardle Charlie Rountree X X Christine Donnell X Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: Tyler Wilson - Boy Scout Troop 174 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve Minutes of December 14, 2004 Pre-Council Meeting Minutes: Approve B. Findings of Fact and Conclusions of Law for Approval: RZ 04- 012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all C-G zone for Ravmond Estates by Ronald Van Auker - NEe of East Franklin Road and North Gaudians Avenue: Approve c. Latecomers Agreement for Ten Mile Water Line Extension by Lochsa Falls, LLC: Approve D. Chan~e Order No. 4 for Headworks Expansion Proiect - Contractor's Northwest, Inc. for $3,500.00: Approve E. Idaho Power Relocation of Facilities to Accommodate Park chanQes for Storey Park Phase II Construction: Approve F. Award of Bid for Black Cat Lift Station to JC Constructors, Inc. for $2,565,000.00: Remove from Agenda Meridian City Council Agenda - January 11, 2005 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. G. Award of Bid for WWTP Supplv of Backup "Power System and Procurement to Western States for $308,732.60: Approve H. Approve Beer and Wine Tran"sfer for JB's Restaurant - 1565 South Meridian Road: Approve I. Desian of Waterline Crossina of Meridian Road and Victory: Approve J. Well 25 Pumpina Facilities Chanae Order #1 - Irminger Construction for $4,881.52: Approve K. Historic Preservation Consultant Aareement: Approve L. Sanitary Sewer Easement for Reaaan Subdivision: Approve 6. Department Reports A. Planning and Zoning" Department - Anna Canning 1. Reauest for Additional Services for Diane Kushlan Services: Bring back as change order 2. Letters Approval Needed: 3. Draft Findings Prepared B. City Council President - Keith Bird 1. Election of Officers: Shaun Wardle - President Keith Bird - Vice President 7. (Items Moved from Consent Agenda) M - Tiburon Meadows - Final Plat 8. FP 04-080 Request for Final Plat approval of 8 commercial building Jots and 1 common lot on 3~86 acres in a C-G zone for Central Vallev Corporate Park No.7 by Industry Way, LLC - 929 South Industry Way: Approve 9~ FP 04-081 Request for Final Plat approval of 11 building lots and 2 other lots on 36.93 acres in a C-G zone for Smitchaer Subdivision by Ustick Marketplace, LLC - northeast corner of West Ustick Road and North Eagle Road: Approve Meridian City Council Agenda - January 11, 2005 Page 2 of 4 All materials presented at pubric meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities re[ated to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. . 10. TE 04-006 Request for a one year Time Extension" for CUP 03-010 for Finishline Automotive by Lee Kallenberger - 44 Northwest 10th Street: Approve 11. Public Hearing: MI, 04-016 Request for a Miscellaneous Application approval to amend the Development Agreement of April 19, 1999 for Waltman Court Subdivision by Buffalo Hump, LLC - 420 Waltman Court: Attorney to prepare Findings of Fact and Conclusions of Law 12. Public Hearing: CUP 04-050 Request for Conditional Use Permit for a 3- story, 1 DO-room hotel in an I-L zone for Country Inn & Suites Hotel by Boise Hotel Enterprises, LLC & ABC 2, LLC - north of East Pine Avenue and east of North Eagle Road: Continue Public Hearing to February 8, 2005 13. Public Hearing: AZ 04-019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G~L~ Voigt Development Company - north of West McMillan Road and North Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law 14. Public Hearing: PP 04~026 REVISED Request for Preliminary Plat approval for 220 single-family residential building lots and 17 common lots on 64~48 acres in a proposed R-8 zone for Ventana Subdivision by G.L~ Voigt Development Company - north of West McMillan Road and North Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law 15. Public Hearing: CUP 04-028 REVISED Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced lot frontages, reduced lot sizes and reduced chord lengths and increased block length, including clubhouse pool and playground in a proposed R-8 zone for Ventana Subdivision by G.L~ Voigt Development Company - north of West McMillan Road and North Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law 16. Public Hearing: AZ 04-030 Request for Annexation and Zoning of 1 ~8 acres from RUT to a C-G zone for Southern Springs No.3 by The Land Group, Inc~ - east of South Meridian Road and south of East Overland Road: Attorney to prepare Findings of Fact and Conclusions of Law 17 ~ Public Heari ng: PP 04-041 Request for Preliminary Plat approval for three (3) building lots on 1.8 acres in a proposed C-G zone for Southern Sprinas No.3 by The Land Group, Inc~ - east of South Meridian Road and south of East Overland Road: Attorney to prepare Findings of Fact and Conclusions of Law Meridian City Council Agenda - January 11, 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridjan. Anyone desiring accommodation for dlsabiJities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prjor to the public meeting. c"" 18. Ordinance No. 05-1122: AZ 04-022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Villaae Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: Approve 19. Ordinance No. 05..1123: RZ 04-014 Request for a Rezone of 2.4 acres from R-4 to R-15 zones for Cedar SprinQs Place Subdivision by Plantation Place, LLP - southwest corner of North Meridian Road and West Ashby Drive: Approve 20. Ordinance No. 05~1124: RZ 04-013 Request for a Rezone of 1.674 acres from C-C to C-G zone for Westside Bodv Works by Westside Body Works - 210 East Fairview Avenue: Approve 21. Ordinance No. 05-1125: AZ 04-028 Request for Annexation and Zoning of 43.83 acres from RUT to R-4 & L-O zones for Strada Bellissima Subdivision by Pinnacle Engineers, Inc. - NWC of Victory Road and State Highway 69: Approve 22. Executive Session per Idaho State Code 67-2345(1)(c): No Decision Meridian City Council Agenda - January 11, 2005 Page 4 of 4 All materiaJs 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. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 11, 2005, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: 1 Shaun Wardle ~ Charlie Rountree >< )< Christine Donnell X Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: /tjler tJifl"r,V - !JIJ'1JClJtd-iJ-[)()p /1+ 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: presw-€-d- 4. Adoption of the Agenda: a,pr{)v(. as ahte~ 5. Consent Agenda: A. Approve Minutes of December 14, 2004 Pre-Council Meeting Minutes: ~II'-<.-- B. Findings of Fact and Conclusions of Law for Approval: RZ 04- 012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all C-G zone for Ravmond Estates by Ronald Van Auker - NEe of East Franklin Road and North Gaudians Avenue: ~jJnv..e- ell latecomers Aareement for Ten Mile Water Line Extension by Lochsa Falls, LLC: ~pn;V'-C- D. Chanae Order No. 4 for Headworks Expansion Proiect - Contractor's Northwest, Inc. for $3,500.00: cvpplM.. E. Idaho Power Relocation of Facilities to Accommodate Park chanqes for Storey Park Phase II Construction: ~v-e. F. Award of Bid for Black Cat Lift Station to JC Constructors, Inc. for $2,565,000.00: re/Yvf7~ ~ aJ~ Meridfan City Council Agenda - January 11 J 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accom modation for disabil ities related to documents and/or hearjng~ please contact the City Crerkfs Office at 888-4433 at least 48 hours prior to the pubric meeting. 10. 11. G. Award of Bid for WWTP Supplv of Backup Power System and Procurement to Western States for $308,732.60: ~V>-t- H. Approve Beer and Wine Tran"sfer for JB's Restaurant - 1565 South Meridian Road: ~K. I. Design of Waterline Crossing of Meridian Road and Victory: ~__ J. Well 25 Pumping Facilities Chanae Order #1 - Irminger Construction for $4,881.52: ~V'-C- K. Historic Preservation Consultant Aqreement: ~vv- L. Sanitary Sewer Easement for Reagan Subdivision: ~~ 6. Department Reports A. Planning and Zoning Department - Anna Canning 7. 1. Request for Additional Services for Diane Kushlan Services: Iohn.fj bttoLetJ' ch-a.,~e ~~ 2 . Ll/1fA..J tv/, fh'1' 1/'( III nude d- $. - '"'d?M-r ~ n1J P ej7P/U.d..- B. City Council President - Keith Bird 1. Election of Officers: SM n/L tJlbt ~/' - j/r'Jej>'d e::;/; L /Cel-f'A 13/}-d( - y l'c.e r~1 /"( e^r (Items Moved from Consent Agenda)'-IJ;L. r~;...e t7lev.f - Ttt,uJ-oIL/Ileadot,J 8. FP 04-080 Request for Final Plat approval of 8 commercial building Jots and 1 common lot on 3.86 acres in a C-G zone for Central Vallev Corporate Park No.7 by Industry Way, LLC - 929 South Industry Way: FP 04-081 R~;~inal Plat approval of 11 building lots and 2 other lots on 36.93 acres in a C-G zone for Smitchaer Subdivision by Ustick Marketplace, LLC - northeast corner of West Ustick Road and North Eagle Road: ~Qv.(.., TE 04-006 Request for a one year Time Extension for CUP 03-010 for Finishline Automotive by Lee Kallenberger - 44 Northwest 10th Street: Public Hearing: MI 04-016 R~~~ Miscellaneous Application approval to amend the Development Agreement of April 19, 1999 for Waltman Court Subdivision by Buffalo Hump, LLC - 420 Waltman Court: fi'efarJ.. fill cl,,( -hrr ~va..L 9. Meridian City Council Agenda - January 11, 2005 Page 2 of 4 All materials presented at pubric meetfngs 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 feast 48 hours prior to the pubric meeting. . 12. Public Hearing: CUP 04-050 Request for Conditional Use Permit for a 3- story, 1 DO-room hotel in an I-L zone for Country Inn & Suites Hotel by Boise Hotel Enterprises, LLC & ABC 2, LLC - north of East Pine Avenue and east of North Eagle Road: Ct:ryl,./'h~ ~ lit6rlf--lt/t!j (31!:-, 2Po~ 13. Public Hearing: AZ 04-019 REVISED Request for Annexation and Zoning of 64..48 acres from RUT to R-8 zone for Ventana Subdivision by G.L~ Voigt Development Company - north of West McMillan Road and North Meridian Road: prep~.e ~/~ felL ~~~ 14. Public Hearing: PP 04-026 REVISED Request for Preliminary Plat approval for 220 single-family residential building lots and 17 common lots on 64.48 acres in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: F./b;:;N\..C :1/ PI c/...{ hy-~"""<"" 15. Public Hearing: CUP 04-028 REVISED Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced lot frontages, reduced lot sizes and reduced chord lengths and increased block length, including clubhouse pool and playground in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West .McMillan Road and North Meridian Road: /l~~~/t:-(cte .ffv~~ 16. Public Hearing: AZ 04-030 Request for Annexation and Zoning of 1 ~8 acres from RUT to a C-G zone for Southern Sprinas No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: jPref/;f/1.( .;:-/t:- tt:/(~ ~ ~v"~ 17. Public Hearing: PP 04-041 Request for Preliminary Plat approval for three (3) building lots on 1.8 acres in a proposed C-G zone for Southern Sprinas No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: p~#VI..C ";:'/1= I e IL ~~p-t7Jva..e.. 18. Ordinance No. t:l 5" - ! I ~ 2-- : AZ 04-022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Villaae Subdivision by Packard Estates Development, LLC- east of North Eagle Road and north of East Fairview Avenue: ~1'7l ~ 19. Ordinance No. &~ - / /Z3 RZ 04-014 Request for a Rezone of 2~4 acres from R-4 to R-15 zones for Cedar Sprinas Place Subdivision by Plantation Place, LLP - southwest corner of North Meridian Road and West Ashby Drive: ~n? ~ 20. Ordinance No. t) ~ - /1 Zi- RZ 04-013 Request for a Rezone of 1 .674 acres from C-C to C-G zone for Wests ide Bodv Works by Westside Body Works - 210 East Fairview Avenue: ~ VI<- Meridian City Council Agenda - January 11 r 2005 Page 3 of 4 AU materiars presented at public meetings shall become property.of the City of Merfdian~ Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the CUy Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 21. Ordinance No. tfJ 5" - II Z 7. AZ 04-028 Request for Annexation and Zoning of 43.83 acres from RUT to R-4 & L-Q zones for Strada Bellissima Subdivision by Pihnacle Engineers, Inc~ ~ NWC of Victory Road and State Highway 69: ~"'-e.... 22. Executive Session per Idaho State Code 67-2345(1)(c): fL,c &C/~~/~ Meridian City Council Agenda - January 11, 2005 Page 4 of 4 AU materials presented at pubJic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, pfease contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. January 28, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 1, 2005 ITEM NO. . 5-A REQUEST Approve Minutes of January 11,2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY FINANCE DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~vU Contacted: Emailed: Date: Staff In iti als: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meetina J an uary 11 ~ 2005. The regular meeting of the Meridian City Council was called to order at 7:15 P.M~, Tuesday, January 11,2005, by Mayor Tammy de" Weerd. & Members Present: Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, Jim Musser, Kenny Bowers, Ted Baird, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Christine Donnell X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and open the regular City Council meeting to order. It is Tuesday, January 11th. It is almost 15 after 7:00. We apologize for the late start Mr. Clerk, will you, please, call roll. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No.2 is,,the pledge of allegiance. Generally, we ask one of the youth members in our audience if they would lead us in the pledge and since I have not asked Troop 174 if they would do that -- oh, actually, Will has already taken care of it. Tyler Wilson has volunteered or he was volunteered. Please rise~ (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: De Weerd: Thank you, Tyler. Item No.3 is our community invocation. Here with us tonight the Pastor Gordon Slyter with the Treasure Valley Worship Center. If you will, please, take this opportunity for a moment of silence or join us in the community invocation. Slyter: Our Father in Heaven, thank you for your guidance and your grace in 2004. As we are beginning this new year we again ask for your wisdom, your leading, and your hand of protection upon our city. We have so many things to be thankful for and we recognize our many blessings as coming from you. We do ask that you would help those who serve on this Council to make decisions that will enhance the wise development of our community, that will support the moral fiber of our citizens and that will contribute to the unity of all who call Meridian their home. May your peace prevail here and may the spirit of mutual respect and understanding hold among all who speak Meridian City Cou n en January 11, 2005 Page 2 of 37 arid all who listen. Dear Lord, may your blessing be upon us all this evening, I pray this through Christ our Lord, amen~ Item 4: Adoption of the Agenda: De Weerd: Thank you so much for joining us tonight. And I do owe you a phone call. Okay. Item No~ 4 is adoption of the agenda~ Donnell: Madam Mayor? De Weerd: Mrs. DonnelL Donnell: I would move that we would approve the adoption of the agenda. Bird: Second. De Weerd: Okay~ The motion is to approve the agenda. If we could, do we have an additional item under department reports from Planning and Zoning? Donnell: That's right~ Bird: If the -- Mrs. Donnell, jf I could add something to it? Donnell: Yes~ Absolutely. Bird: 11m sorry. Yeah~ Under Planning and Zoning, there is an A-2, request a Jetter that Anna has asked on. And also under seven, Brad has asked -- there is a 7-M, which is Tiburon Meadows final plat Brad, we got a memo today and he would like to discuss that and have action taken on that. And, then, of course, we -- Item No~ 12 has been asked to be tabled to February the 8th, 2005. Donnell: Good. Bird: Is that okay with the -- Donnell: Absolutely~ Bird: And the second agrees~ Canning: Madam Mayor? De Weerd: Yes. Canning: Maker of the motion, I had actually asked also to -- for a brief discussion on the findings for amended Tuscany Lakes Subdivision that will be coming before you. Meridian City Cou ncil Jan uary 11, 2005 Page 3 of 37 Donnell: So moved. Bird: Second agrees. Canning: Thank you~ De Weerd: Okay~ The motion is to approve the agenda as amended by several people. If there is no further discussion, all those in favor say aye. All ayes~ Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of December 14, 2004 Pre-Council Meeting Minutes: B. Findings of Fact and Conclusions of Law for Approval: RZ 04- 012 Request for a Rezone of 3~ 74 acres from I-L & C-G zones to all C-G zone for Ravmond Estates by Ronald Van Auker - NEe of East Franklin Road and North Gaudians Avenue: c. Latecomers Aareement for Ten Mile Water Line Extension by Lochsa Falls, LLC: D. Chanae Order No" 4 for Headworks Expansion Proiect - Contractor's Northwest, Inc. for $3,500.00: E. Idaho Power Relocation of Facilities to Accommodate Park chanQes for Storey Park Phase II Construction: F. Award of Bid for Black Cat Lift Station to JC Constructors, Inc. for $2,565,000.00: G. Award of Bid for WWTP Supplv of Backup Power System and Procurement to Western States for $308,732..60: H. Approve Beer and Wine Transfer for JB's Restaurant - 1565 South Meridian Road: I. Desian of Waterline Crossin" of Meridian Road and Victory: J. Well 25 Pumpina Facilities Chanae Order #1 - Irminger Construction for $4,881.52: K. Historic Preservation Consultant Aareement: Meridian City Council January 11 J 2005 Page 4 of 37 L.. Sanitary Sewer Easement for Reaaan Subdivision: De Weerd: Item No. 5 is the Consent Agenda~ Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, it has been asked to remove Item F, to pull it from the agenda, and with that J would move that we approve the revised Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second~ De Weerd: Okay~ The motion is to approve the Consent Agenda with the removal of Jtem F. Okay. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6; Department Reports A.. Planning and Zoning Department - Anna Canning 1 ~ Request for Additional Services for Diane Kushlan Services: De Weerd: Thank you. Okay~ Item 6, Department Reports.. Anna~ Canning: Madam Mayor, Members of the Council, the first item I had on there was a request for additional services for Diane Kushlan. Over the briefly two slow weeks that we had at Christmastime that were just glorious, J did get an opportunity to read through our draft zoning ordinance and we are getting near to the point where we are ready to do a public draft, but I do need some additional services from Mrs~ Kushlan to take us through the public hearing process. Those funds are available in my budget and Jim just requesting authorization to hire her again to help out. We are getting near to the end of that This completes the first phase and moves into the public hearing phase. De Weerd: Okay. Council, any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Have you got Diane already under contract? Merid ian City Council January 11 t 2005 Page 5 of 37 Canning: Yes. Bird: So, this would be a change order you would" be bringing forward for us. Canning: It's for additional -- it would be for additional services. Bird: Yeah. So you would have to have a change order. Canning: Yes. Bird: You need to do it under the current contract~ Canning: Correct. Bird: Okay. That's-- Canning: That would be the next step. Bird: -- as far as I'm concerned, that1s all you1d need to do is just bring a change order forward with the amount of money. Canning: Okay. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle~ Wardle: Anna brought this before me as her council liaison and asked how she could get these funds appropriated and so I suggested that she place it as a department report and weld discuss it and, then, she could bring that back and so if it pleases the Council, we can do that. De Weerd: Okay. It looks like it pleases the Council. Canning: Thank you~ De Weerd: Okay. Anna, next item. 2: Compass Letters: Canning: The second -- 2-A and 2-8, J suppose -- or not to be -- sorry -- are two letters of support that have been requested by Compass for two different projects. One is for the Eagle Road arterial study workshop and the plan that resulted from that as far as the access to Eagle Road. The second letter of support was with regard to the reauthorization of the transportation and enhancement act or 221 and our support of the Meridian City Cou ncU January 11, 2Q05 Page 6 of 37 projects that Idaho is proposing as part of that and -- well, more specifically, that Compass is proposing~ Notably missing off that list is the Ten Mile interchange, so you will notice that we have a paragraph in reference to that Ten Mile interchange still in -- De Weerd: Anna, we do not have a copy of either of those letters. Canning: The clerk has two copies~ Jim sorry, I thought they had been e-mailed to the clerk earlier today. Maybe they were just e-mailed to me. I apologize. This was a last moment item from Steve Siddoway. De Weerd: Council, I guess what we could do is perhaps ask the clerk to copy that and put it on the end of our agenda for discussion. Bird: I would be in favor of that, Madam Mayor. De Weerd: Okay. Canning: Thank you, Mayor. They are both brief and we do need signatures~ We were waiting for a full complement of Mayor and Council to get those signatures, so we do need those by -- J think by Friday. SOl I appreciate your putting it to the end of the agenda~ De Weerd: Okay~ 3: Amended Tuscany Lakes - Recommendation Canning: The third thing -- and maybe Mr~ Nary can help me out a little bit on this, but I think there was some discussion with ML Nary and Mr~ Bird about trying something new on our recommendations~ Right now, as you know, the Planning and Zoning staff take the recommendation of the Planning and Zoning Commission and we send you a recommendation packet and that packet includes the summary sheet and, then, all the exhibits, which have all the conditions of approval and the letters from all those who have sent them in~ So, what we would like to do is to prepare some draft findings~ Instead of a recommendation, we'd like to prepare draft findings for one project just now to just give it a try to see if this is something that the Council wants to move forward with in the future~ It kind of cuts out a process~ Having the draft findings going into the hearings means it will basically cut out a two-week delay from when you make your decision to when those findings are adopted~ We are asking to try it on a project called Amended Tuscany Lakes~ It's very a straightforward project~ Due to some stumbling blocks along the way related to the city, it's been slowed down considerably in the process and this would help to kind of get it -- make up some of the time that it's lost, so we are asking permission to do kind of a different format for your recommendation on that project~ Wardle: Madam Mayor? Meridian City Cou ncil Jan uary 11, 2005 Page 7 of 37 De Weerd: Mr. Wardle. Wardle: This is one of the requests that I have had of Planning and Zoning staff and it was something that Mr~ Nary and I discussed when we were co-lia'jsons of the department and, as we know, Planning and Zoning has been very busy, but I felt this was something that -- that could be a useful tool and Anna wanted to try it on a project~ So, I would certainly be in favor of attempting this and trying to put it into place in the futu re ~ Bird: Madam Mayor? Rountree: I concur, Madam Mayor~ Donnell: So, do I. Bird: I concur and I'd like to see it go~ We used to do this when Charlie and I was on the -- a few years ago~ That was the -- that was the way it was done and it does save time and ifs nice for us, we either -- we either approve the findings or we amend them right here, you know~ We don't wait two weeks afterwards~ So, 11m in -- I concur with Shaun, that I'd like to get her going~ Canning: Okay~ De Weerd: Well, thank you, Anna~ Canning: And you will see that -- ifs on the 25th agenda, so you will see that soon~ B. City Council President - Keith Bird 1. Election of Officers: De Weerd: Okay. Okay~ Thank you so much. Item B, I will turn this over to Councilman Bird~ Bird: Thank you, Madam Mayor. Council, it's time for election of officers and I would entertain a motion for president of the Council~ Donnell: Mr. President? Bird: Madam -- or Mrs~ Donnell. Donnell: J would like -- Bird: I was going to make you Madam Mayor. Donnell: Heaven forbid~ Meridian City Counci I January 11, 2005 Page 8 of 37 De Weerd: You have a phone call you need to return. Donnell: We will start this again. Mr. President,. lid like to nominate Shaun Wardle as president of the Council~ Bird: Okay. Have a second? Rountree: I1II second that. De Weerd: Okay. Any other nominations? All in favor? MOTION CARRIED: ALL AYES~ Bird: The nominations are closed~ Now we need a Vice-President~ Wardle: Mr. -- ifs still Mr~ President} isn1t it. ML President, I would nominate Keith Bird for Vice-President of City Council. Donnell: Second~ Bird: Okay. Any other nominations? All in favor? MOTION CARRIED: ALL AYES~ Bird: Thank You~ Madam Mayor~ Item 7. (Items Moved from Consent Agenda) De Weerd: Thank you, Mr. Bird~ Okay~ Item 7 is an addition to the agenda on FP 04- 052 and I -- Brad, is this yours? Watson: Yes. De Weerd: Okay. Watson: Yes. Thank you, Madam Mayor. Thanks for letting me bring this up at the last moment. I'll explain why ifs popped up in a second. The final plat was submitted to me for signature in December. As J was reviewing it and the conditions of the final plat order for approval} I noticed that there was the boilerplate comment requiring tiling in the staff report The plans did not show any tiling, so therein lied the rub. This was a condition that shouldn't -- that the applicant should have, at the time of final plat presentation to Council, requested a waiveL They overlooked it. Our plan and review staff when they were reviewing the plans evidently overlooked the requirement, so it doesn1t make sense that this be tiled according to the calculations provided by the applicant's engineer~ We have historically had a policy of anything thafs 48-inch or Meridian City Cou ncil January 11, 2005 Page 9 of 37 largerf that we waive the tiling requirement His calculations show it needs a 50-inch pipe. The reason I brought this up kind of at the last moment is his plat is ready to be signed, but I can't sign it if he doesn't comply with this condition~ His alternative is to post surety for this improvement. That seems a l"ittJe bit senseless~ So, I Would ask that the Council formally waive that requirement, so I can get him on his way to Ada County. De Weerd: Thank youT Brad. Any questions, Council? Bird: I have none, Mayor} and I am prepared to make a motion. De Weerd: Okay. It sounds like there is no further discussion. Mr. Bird. Bird: Madam Mayor, I would move that we waive requirement to tile the Eight Mile Lateral for Tiburon Meadows Subdivision -- I hope I didn1t butcher it too bad -- and to allow the director of public works to sign the final plat~ Rountree: Second~ De Weerd: Okay. The motion is to approve the final plat 04-052 with the requirement to waive tiling the ditch. If there is no further discussion, ML Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you~ Okay~ Just to note once again, if anyone is here for Item No. 12, it will be continued to February 8th and we apologize for any inconvenience~ Both our staff and the applicant have asked that this be delayed until the 8th of February. Item 8: FP 04-080 Request for Final Plat approval of 8 commercial building lots and 1 common lot on 3~86 acres in a C-G zone for Central Vallev Corporate Park No.7 by Industry Way, LLC - 929 South Industry Way: De Weerd: So, Item No~ 8 is FP 04-080. I will start with staff comments~ Canning: Madam Mayor, Members of the Council, this is a request for -- it says preliminary plat approval, but ies really for final plat approval of eight commercial building lots and one common lot on 3.86 acres in a C-G zone~ Itls on Industrial Way. It's most famous existing landmark to date has been the basketball court at the intersection of the -- the T intersection of those streets~ This was the preliminary plat and this is the final plat. The final plat is in compliance with the approved preliminary plat. Staff did notice that at the very last moment that there needs to be one change to the landscape plan~ It would require modification of condition number three, instead of being approved as submitted; it needs to be modified to show a paved path, instead of a gravel path in the landscape area~ The landscape area also functions as a drainage area~ It's in this location~ They have a small path going down through it. It does need Meridia n City Council January 11 t 2005 Page 10 of 37 to' be paved, because it's in the drainage section, so we are asking for that one change. And with that staff is recommending approval. De Weerd: Anna, was the -- have you talked to the applicant about this modification? Canning: Yes. We had a chance to contact Matt Munger and talk to him a little bit about it. I think he needed time to mull it over and see whether he was in favor of it or not So, we don1t -- we need to hear from the applicant on this one. De Weerd: We will ask the applicant to come forward~ Thank you. Please state your name and address~ Wensel: My name is Steve Wensel~ Address 7886 Joplin Road in Nampa. De Weerd: Thank you~ Wensel: I did talk to the designer today about the path and what we'd like to do is to remove that path from the design. We have some accessibility issues on a percentage of slope to get down into that retention basin and get out of it, so we'd like to keep the path around the top, but remove that path that goes down through the bottom and just continue the landscaping through there~ De Weerd: Okay. Anna~ Canning: That's an acceptable alternative~ De Weerd: Okay. Did you have any other comments about the conditions? Wensel: No~ lid just like to say we have been very well treated by Planning and Zoning, very professional job all the way through, and we'd just like to thank Anna publicly for th at. De Weerd: Thank you. Okay~ Council? Rountree: Madam Mayor? De Weerd: Mr. Bird -- I mean, sorry, Mr. Rountree~ Rountree: Go ahead, pass it on down. De Weerd: You both have gray hair. Rountree: One of the old men to your right~ I move that we approve Item No.8, FP 04- 080 for final plat for Central Valley Corporate Park No.7, with modifications to condition number three as stated by the applicant this evening. Meridian City Cou ncil Jan uary 11. 2005 Page 11 of 37 Donnell: Second~ De Weerd: Okay~ The motion is to approve Item No.8 with condition three being mod ified ~ If there is no fu rther discuss io n, I wil I call roll ~ Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea~ MOTION CARRIED: ALL AYES~ Item 9: FP 04-081 Request for Final Plat approval of 11 building Jots and 2 other lots on 36~93 acres in a C-G zone for Smitchaer Subdivision by Ustick Marketplacet LLC - northeast corner of West Ustick Road and North Eagle Road: De Weerd: Okay. Item 9 is FP 04-081. We will open -- or we will start with staff comments~ Canning: Madam Mayor, Members of the Council, this is a request for approval of eleven commercial lots and two common lots on 36.93 acres and it is final plat approval~ Sorry I didn't catch those in my review of the presentation~ This is the approved preliminary plat. As you can see, the final plat is in substantial compliance with the approved preliminary plat. Staff is recommending approval. I did not locate a Jetter from the applicant, so we do need to hear from the applicant. De Weerd: Okay~ If the applicant has any comments, please, come forward. Smith: Matt Smith, 12601 West Explorer Drive, Suite 200, Boise, Idaho. De Weerd: Thank you. Smith: I do have just a couple of clean up items and I did talk to Brad Hawkins-Clark~ Did he talk to you at all, Anna? Canning: 1'm sorry, he didnlt get a chance to talk to me before he left and didn't see any notes. 11m sorry, Mr~ Smith. Smith: If I may, I'JI pass these out, just to help us with the clean up items. For the most part everything is fine, they do a fine job as usual. Just a couple items on site specific number three, note seven, we need to add that ACHD and ITD have approved those. Eagle's access points were approved by ITD on that. Also number three, note ten, the pressurized irrigation system out there will be actually owned by Settlers Irrigation District. Ustick Marketplace will not be owning that. Number four, againT under site specific requirements~ The difference here -- and this one is a little more complicated -- is we had two parcels initially. The first building permit was pulled on one of the parcels for Lowels~ On this one here we just need to clarify that there still is one more building permit remaining there before the subdivision takes place~ SOt we propose that we say, Meridia n City CouncH January 11 J 2005 Page 12 of 37 instead of prior to applying for a building permit, prior to the issuance of a building permit, except for the existing Lowefs building and improvements and one additional unused building permit available on the current parcel. And, then, number nine is just a clean up item down there. Does that make sense., Anna? . Canning: Madam Mayor, Members of the Council, regarding note number four, I will have to do research to find out if they are eligible for another building permit This condition was put on it at the time of preliminary plat and I have to assume that we researched that at that time, knowing that the Lowe1s would take the one building permit~ So, I'm uncomfortable with number fOUL Smith: Was that under the preliminary plat? I don1t recall it being in the preliminary pJat~ We may have missed it, too. Canning: Madam Mayor, I don't have enough information with me here tonight to make that call as to whether ifs eligible or not~ We could put if it's eligible for a second building permit, but -- we could just add an if eligible to the end of number four as they have -- as they have proposed it. Smith: And really -- Madam Mayor and City Council Members, the purpose of that is during the process while we are trying to record this final plat, we want to be able to have the flexibility to go ahead and apply and get some other users moving on some of the parcels and so weld like to, if we need to, to be able to use that additional building permit there in the process of moving forward, so -- and, then, the subdivision happens while that's happening, it will take place. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I was just going to ask Anna if -- certainly these are always time sensitive, but if a week would be enough time or if -- and ask the applicant if that would be something they would agree to or if we need to move forward with it and place an additional condition if ifs eligible, with determination, I would assume, by city staff. Canning: Yes~ And I hate to delay it a week, because my recollection is that you're not eligible for another building permit~ So, I guess it would be up to the applicant if they want to delay it a week or -- Smith: I am -- I'm very confident that we do have one more~ I spoke with Brad Hawkins-Clark today, that was one of the things we went through on there, so I think he -- and, Bruce, I don1t know if we were working on that together either, but because of the two parcels, my understanding, because they hadn1t been split, thaes why we were able to get the one building permit on the Lowe1s and that second one still has the right to one building permit. De Weerd: Mr~ Smith, do you have a problem with this being held over until next week? Meridian City Cou ncil Jan uary 11. 2005 Page 13 of 37 Smith: I would prefer, if it pleases the Council, to go ahead and say if eligible allow it If not, then, we don1t get it anyway, so J don't think there is any reason to postpone it. De Weerd: Okay. Okay~ Was there anything else? Smith: No. That's all. De Weerd: Okay~ Staff? Canning: 11m comfortable with the -- if eligible and that just gives me the ability to check that. De Weerd: Sure. Okay. Council, any further questions? If not, I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle~ Wardle: I move that we approve FP 04-081, final plat for Smitchger Subdivision, with the noted amendments to items -- to item three, note seven, item three, note ten, Item four and item nine as set forth in the letter from the applicant dated January 11th, 2005, and, in addition, to add to note number four issuance of a building permit, except for the existing Lowels and building improvements and one additional unused building permit available on the current parcel, if eligible, as determined by city staff~ Donnell: Second. De Weerd: Thank you. The motion is to approve Item No~ 9 with the changes as noted. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10. TE 04~006 Request for a one year Time Extension for CUP 03-010 for Finishline Automotive by Lee Kallenberger - 44 Northwest 10th Street: De Weerd: Thank you. Item 10 is TE 04-006, for a request for a time extension.. 1111 start with staff comments.. Canning: Madam Mayor, this is a time extension for FinishJine Automotive. It's located at the corner of 10th and Franklin. This was the site plan approved by Council in May of 2003. The applicant did get the time extension request in before the 18 months was over~ It's getting to you a bit late, but I did want to just go on the record as saying that Meridia n City CouncH January 11 t 2005 Page 14 of 37 they did apply for the time extension before the expiration of their permit~ Staff has not prepared a staff report I can read the letter from the applicant, if you would like. I think the greatest concern is the -- or the greatest difficulty thus far has been the curb, gutter, and sidewalk plans, just coordinating between city and county officials~ This is as stated by the applicant and due to the unexpected expense for new plans and engineering copying, et cetera~ So, hels asking for an extension. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I move we approve TE 04-006, request for one-year time extension for CUP 03-010. Donnell: Second~ Rountree: Second. De Weerd: Okay~ les been moved and seconded to approve Item 1 O~ Is there any further discussion? Mr. Berg~ Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea~ MOTION CARRIED: ALL AYES. Item 11: Public Hearing: MI 04-016 Request for a Miscellaneous Application approval to amend the Development Agreement of April 19, 1999 for Waltman Court Subdivision by Buffalo Hump, LLC - 420 Waltman Court: De Weerd: Item 11 ~ We are entering our Public Hearing portion of the agenda~ By ordinance we are required to swear in individuals wishing to provide testimony on any of the Items for Public Hearing. Those are items 11 through 17. So, if you would like to provide testimony on any of these items, if you will, please, raise your right hand~ Okay~ It is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so answer yes~ (Affirmative answers.) De Weerd: I never know what to do when J get to that point. I make it up every week, so -- the ordinance doesn't tell me specifically what to say, so I have flexibility there. Okay~ J will go ahead and open the Public Hearing for MI 04-016, Item 11, with staff comments~ Merid ian Cjty Counci I January 11 ~ 2005 Page 15 of 37 Canning: Madam Mayor, Members of the Council, this is a request to amend the development agreement that was originally approved in April of 1999. The property is now known as Waltman Court Subdivision. The property that they have asked for the amendment on is all the remainder of the property, except for an ACHD storm drainage facility that's already been constructed and you can see the tiny little bit of white there~ It's located at the terminus of 5th Avenue and, then, this is unopened right of way at this time, so that is not a street. The remaining 7.1 acres, which is shown here, you can see the ACHD facility just to the north in the west corner of the property. Northwest~ Was recently approved for Waltman Court Subdivision and with the development agreement all the lots in this subdivision require conditional use approval. Thafs what was decided in 1999. More specifically, the development agreement says: As no plat or development plans are being proposed at this time, drafting a development agreement will be difficult For this reason, all uses within the proposed annexation shall be developed under the conditional use process. Well, as I just mentioned, there has been a plat provided to you now~ He connects to the existing stub streets and, then, continues that stub to the canal. So, that would -- that's one of the conditions that staff feels has changed significantly since the development agreement was adopted. There is the new subdivision. The other one is just that the developing -- the surrounding properties have substantially developed all the ones along 5th Avenue, the light office uses are largely developed out and, as you will remember, there was an RV park proposed and kind of a subdivision in this area. So, there has been quite a bit of more development in the area and it's not just at the edge of development, as it probably was in 1999. And, then, there is storage uses just to the east of the proposed property. With the -- with the preliminary plat application we also processed the Conditional Use Permit and that was for a storage yard, shop, and office on one of the proposed five lots. So, even within that subdivision we have already done one of the conditional use permits~ So, at the bottom of page three on the staff report, the staff recommends __ the staff recommendation is there. There is some specific wording as to the sections of the development agreementt so 11m going to go ahead and read that for the record~ Staff recommends that the requested amendment to the recorded development agreement for this site be approved~ Removing the requirement for all uses on the site to submit CUP applications for building uses that would not otherwise be required to obtain CUP approval, as determined by the city zoning and development ordinance~ Staff further recommends that Section 4.1.9 on page six of this development agreement be amended by deleting the sentences reading: As no plat development plans are being proposed at this time, drafting a development agreement will be difficult For this reason all uses within the proposed annexation shall be developed under the Conditional Use Permit process. And, then, one further note. Per Meridian City Code 11-8-1, zoning schedule of use control, any future uses proposed on this property that are conditionally allowed in a C-G zone will still be required to obtain CUP approval prior to operation~ So, I just wanted to get the details of that on the record for you, but staff is recommending approval of this development agreement amendment~ De Weerd: Thank you, Anna. Is the applicant here tonight? Hi. If you will, please, state your name and address~ Merid ian Ci ty Coun eil January 11, 2005 Page 16 of 37 Erickson: Ross Erickson, 5293 North Schubert in Meridian, Idaho. De Weerd: Thank you. Erickson: The reason why we submitted this application was to remove that conditional use requirement, simply because we didnft see the need to track permitted uses through a conditional use process within this annexation~ And I guess in interest of efficiency, it made sense to request that that be struck from the development agreement and that the city allow us to continue develop within this annexation through the CZC process~ And I guess with that I'll close, unless there is any questions~ De Weerd: Council, do you have any questions? Thank you. Nary: Madam Mayor? De Weerd: Yes, ML Nary. Nary: Just for the Council1s information, we -- last week the Council had directed an amendment to a development agreement and this one is also requesting an amendment~ J think for the ease of going forward and trying to put these into place, what I have directed our staff to do is prepare, essentially, an amended agreement that will be directed -- it will look like a new agreement, I guess is essentially -- it will be directed to the new applicant~ It will make reference to the existing agreement, so there is no -- there is no tracking problem, but it won1t just be a strike and replace. So, when you see it, it may not look -- I wanted to make sure you understood what you would be getting back in front of you in a week or two, that ifs not going to be a strike and replace or simply just taking out the conditions they have requested, it will look like the same development agreement we do with everyone else, but it will just reference the old one, so that we will have a way to keep track of the two~ So, I just wanted you to know. De Weerd: Okay~ Council, any questions for Mr. Nary on that? Okay. Is there anyone else who would like to provide testimony on this application? Okay. Seeing none~ Rountree: Madam Mayor? De Weerd: Mr~ Rountree. Rountree: Seeing no more comments, I move that we close the Public Hearing for Item No. 11. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries~ MOTION CARRIED: ALL AYES. Meridian City Cou ncil January 11 J 2Q05 Page 17 of 37 Rountree: Madam Mayor? De Weerd: Yes, ML Rountree. Rountree: J move that we approve the request for modification of the development agreement for Item No. 11, M f 04-016 and instruct staff to prepare a new agreement and include the staff's recommendation. Bird: Second. De Weerd: Okay. The motion is to approve Item 11 ~ If there is no further discussion, Mr~ Berg, will you call roiL Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea~ MOTION CARRIED: ALL AYES. Item 12: Public Hearing: CUP 04-050 Request for Conditional Use Permit for a 3- story, 1 DO-room hotel in an J-L zone for Country Inn & Suites Hotel by Boise Hotel Enterprises, LLC & ABC 2, LLC - north of East Pine Avenue and east of North Eagle Road: De Weerd: Okay. Item 12 has been requested to continue until February 8th and I will go ahead and open the Public Hearing. We will not accept testimony at this time. I did have someone that signed up to testify, a Mr. Boron. Is he here still? Okay. He must have signed up before we announced that I will open the Public Hearing on Item 12, CUP 04-050, and accept a motion to continue this to February 8th. Bird: Madam Mayor? De Weerd: Mr~ Bird. Bird: I move we continue Public Hearing on CUP 04-050 until February 8th, 2005~ Donnell: Second~ De Weerd: Thank you~ The motion is to continue this Public Hearing to February 8th~ All those in favor say aye. All ayes~ Motion carries. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: AZ 04-019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: Meridian City CounciJ January 11 ~ 2005 Page 18 of 37 Item 14: Public Hearing: PP 04M026 REVISED Request for Preliminary Plat approval for 220 single-family residential building lots and 17 common lots on 64~48 acres in a proposed R-8 zone for Ventana Subdivision by G~L~ Voigt Development Company - north of West McMillan Road and North Meridian Road: Item 15: Public Hearing: CUP 04-028 REVISED Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced lot frontages, reduced lot sizes and reduced chord lengths and increased block length, including clubhouse pool and playground in a proposed R-8 zone for Ventana Subdivision by G.L~ Voigt Development Company - north of West McMillan Road and North Meridian Road: De Weerd: Okay. Items 13, 14 and 15 are AZ 04-019, PP 04-026, and CUP 04-028, all revised ~ I will open Items 13, 14 and 15 and begin with staff comments. Canning: Madam Mayor, Members of the Council, you may recall the name Ventana. This is a remand, so what I'm going to do is I'm going to give you a real brief overview of the project and, then, go back and look at what you asked for in the remand and how they have responded to that The site is located on Meridian Road just north of McMillan. The proposed junior high school is just south of this project. Saguaro Canyon is just to the east and, then, Paramount is to the west. The preliminary plat does show 220 single-family detached residential lots and, then, 17 common lots on 64.48 acres~ The total amount of open space is 6.71 acres or 1 O~4 percent of the site. The applicant is requesting a planned development approval of a planned development, for a reduction of dimensional standards and I will go through those a little bit. Minimum lot size, they would reduce to 6,388 from 6,500~ Lot frontage requirement, a minimum of 40 is proposed, instead of the 65. Proposed cord length is a minimum of 35 and instead of the required 40. And, then, the proposed block length is greater than 1 ,500 square -- or 1 ,500 feet, instead of the 1,OOO-foot maximum. As part of that planned development the applicant is proposing a number of amenities. They include the 10.4 percent open space that I just mentioned, playground equipment, and a clubhouse with restrooms at the center of the site and I will -- it's actually easiest to see on this one the landscape areas. This is the clubhouse area~ And then -- clubhouse with restrooms and a swimming pool~ And, then, while not addressing the applicant's letter, they are also proposing a multi-use public pathway as an amenity and it connects top a Saguaro Canyon and comes through the site to Meridian Road~ Okay. Now, I'm going to go back and explain some of the changes that they made. This is the original site plan and I just wanted to point out the areas -- some of the key areas. One was these long, skinny, open spaces that open more to the lots that front it, rather than the streets and, in particular, the discussion with Mr. Priddy was -- to the north about the design of these lots and the size of these lots next to his bull, specifically, so -- and, then, to the south we have the -- the school district property and, then, there was two pathways -- Micro-paths that connected to the school. And, then, here was another open space and, then, the central open spaces still at the terminus of their collector entry road and Meridian City Counci I January 11, 2005 Page 19 of 37 there was another open space here. So, I'll go to the landscape plan again, just to point out some of the things they have changed~ They increased the size of the lots up against the Priddy property, they put them on their own cul-de-sac, so those kind of create their own sense of community around th"at one cul-de-sac street~ & Most of the remaining Jots stayed similar in size to what was originally proposed. We have -- the entrance to the school was opened up significantly~ Instead of the two connections, we have onef but in that area we have a drop off area for parents and just quite a bit of actual street frontage where they can wait for kids to come out~ There is paths. There is trees and landscaping. The other open spaces, as you will notice, are opened up extensively and kind of incorporate more of the community. This open space was enlarged and opened up and, again, this open space was opened up significantly as well. The applicant mentioned that she will also be extending that down to this street down south, the open space at the northwest corner of the property. So, when you remanded the plat back to the Planning and Zoning Commission, the first item was there was a Jack of transitional lot sizes between the estate parcel to the north, Mr~ Priddy, and the lots on the north boundary. And, as I mentioned, those lots have increased in size significantly. The average lot size is 10,972 square feet -- 11m sorry. The original plat had average lot sizes -- five building lots with an average lot size of 10,972 square feet. The revised plat has six building Jotsf but with an average lot size of 13,407 square feet. The number of proposed build-able lots adjacent to Saguaro Canyon on the east remains the same as the original plat with 21 lots and the average lot size is similar to that of Saguaro~ The second item was that the proposed open space lots should be redesigned to better blend into the subdivision. In particular, the two larger common lots with narrow openings to the streets and hidden by houses are not inviting to the neighborhood. The Council also requested open vision fencing be addressed by the Commission. So, as I mentioned, they significantly redesigned the parks to really open them up into the neighborhood. The applicant on their fencing plan right now is requesting six-foot cedar~ I did talk to the applicant and she's comfortable with the option of a four-foot solid and two-foot lattice or open vision fencing in those areas to give the developer that option and staff is supportive of that. The third issue with the remand was while the overall density of the subdivision was acceptable, it should be concentrated more in the southern portion of the property near the future middle school site in Meridian Road~ The gross density of the subdivision did decline slightly from 3~ 63 to 3~41 un its per acre. The number of lots adjacent to the futu re middle school site remains the same at 20 and the overall lot size in the southern portion of the property also remains similar to the original application~ So, they did lose lots in the northern area and that's where the density reduction occurred. The fourth item was that the vehicle -- vehicular access and drop off point to the middle school from within Ventana Subdivision were discussed. While trying to be aware of the school district's desire to restrict access around their facilities, the City Council and police chief encouraged the applicant and Commission to review options for improved vehicle access to the school site from within the subdivision. So, again, as I mentioned, we have got a drop off area with a large, visible view into the school area, so parents can drop off from within the subdivision and still watch their kids get to school. I think I have gone over most of the comparisons as far as lots~ Did want to mention that the number of lots in the original was 233 and now they are down to 220, so they did lose some lots. Meridian City CoundJ January 11 ~ 2005 Page 20 of 37 And the amount of open space increased from 7~43 -- 73 acres to 9.530 acres~ So, they did increase open space since the original application. The Planning and Zoning Commission heard this item on December 2nd. They heard the revised item on December 2nd and at that hearing Mrs~ Becky McKay spoke in favor of the application. There was no opposition, nor commenting~ The key issues of discussion were the common area redesign, the transition lots from the north, the future middle school site pathway connection, the overall density, the vehicular drop off points and the fire department access. I shouJd explain the fire department access briefly~ It's listed as an outstanding condition to build a temporary fire department access in this location and that would be until this third access is suitable -- or is available~ To determine that, the fire marshal measures the distance between the two entrances as compared to the mid point of the site and he was trying to get a third connection down here until this third connection was available. I believe the applicant has discussed this with ML Kenny Bowers -- or Chief Kenny Bowers, sorry, and he had agreed that they could waive the requirement for the temporary access at this time, with the understanding that both those accesses would be available and would not be blocked by construction. So, I believe that item was resolved shortly before your hearing started~ With that, I will end staff's presentation~ Oh, ('m sorry~ The Planning Commission did recommend approval. Sorry ~ De Weerd: Thank you. Any questions for staff? Bird: I have none. Rountree: I have none~ Donnell: No. De Weerd: Thank you, Troop 174. Good luck with your citizenship merit badge~ Okay~ Applicant~ McKay: Beck McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. De Weerd: Thank you~ Sorry I missed you last week, but I saw that glowing picture in the paper today, so -- you looked very happy~ McKay: That was that relief f just got approved, thank goodness, I'm so tired. J'II try to kind of hold these up side by side~ Thank you. Because ifs hard when you look at one and, then, the other one comes up on a screen, to really see what the differences are. lid like the Council to know that we did take their comments back to the drawing board. We came up with about four different alternatives and we did meet with your staff and we got their feedback and comments and refined their comments and we -- all parties agreed that one plan was superior to the others and this is what we came up with. As Anna indicated, the criticisms of the first design were the linear open space. The Council asked that that be more open, more inviting to the entire neighborhood and not just beneficial to the lots that backed up. The Council had some concerns about the Meridia n City Council Jan uary 11 t 2005 Page 21 of 37 pathway and opening that up a little bit We had a linear path here they wanted to see opening. And, then, this pathway and open space in through here, they wanted us to try to open that up also. We had a discussion concerning the middle school~ As you recall, we worked with the school district in order to make that middle school happen here by agreeing to purchase 60 acres while the school district would take the 40 in order to get Mr. Ashenbrenner, who owned a hundred acres, to sell his property, because he had declined the school district's first offer. The school district specifically asked me not to put any vehicular connections to the property, just pedestrian~ So, the Council -- you guys had some concerns how can we find some middle ground where we allow drop off and pick up, but, yet, we don1t take a stub street to the property where the middle school will be constructed~ The other issue was Mr. Priddy~ As you well know, Mr. Priddy spoke in opposition and we had a few heated words back and forth~ Mr. Priddy has since decided that he is going to develop his property at a high residential density and, therefore, he indicated to my clients that he withdraws any objections to our plan and if we wanted to go back to the first one, he wouldn't care~ Well, we said, you know, we are on a course here with the second plan, we like it better, so we will stay on course~ So, as you can see he's not here this evening to object~ We came in -- just to kind of outline, we kept the same access points that we had originally~ We took this roadway and extended it to the south, thereafter, opening up this to the collector roadway here. As Anna indicated, we will also be extending this green way down here, so it is continuous through and you can see all the way through from both roadways, but we have got a Jot of frontage there that is inviting and allows for use of that open space. This particular open space here, we kind of redesigned this block and instead of taking out kind of these triangular, more linear areas, we have all of this open to the roadways and we took our ten foot pathway that we connect to Saguaro and we run their six foot and, then, as you can see, a majority of the ten foot pathway, it would come down this cul-de-sac and cross here, is in open space, is visible along the roadway network, and is inviting to the public~ We took this linear open space here and, as you can see, opened it up substantially~ I think one criticism or one comment that was made -- you know, we are seeing these planned developments come through, we would really like to see them get to ten percent open space or above* We were at around eight. We are at 10.4 percent open space. So, our open space calculations jumped substantially, as you can see by the two drawings of these common areas have increased. They are more usable, more obvious, more inviting, gives us a lot more flexibility in what we can do as far as our amenities, such as our playground equipment The other thing we had our pool and our little clubhouse with the restrooms, changing room, lockers right here and it consisted of just this smaller area. I lost lots. I took lots out here to widen that and open that up, make it more inviting, and run a pathway from here to here and connect to this detached sidewalk here that's running along the collector roadway. As Anna indicated, we had like 233 lots. I think we are at 220 now, so we dropped 13 lots. You know, that takes a lot of dollars out of the project, but when we worked this over a little bit, the client believed that we had better Jots and a better project, so he had no complaints. Down here with the school district, I came in with a knuckle and what we envisioned, it will have a median here, the sidewalk will run around the knuckle, we will have a ped path and, then, this green space opening down to the middle schooL We see parents coming in here, pulling into this, and, then, picking up or dropping off and Meridia n City Counci I January 11 ~ 2005 Page 22 of 37 they could line up, since we have no lots all along here, they could line their cars up, because that was one other concern of the Council, blocking someonels driveway while they are picking those kids up along the ped paths. So, we took the two peds and combined them into one central location, but, yet, open it up, making it far more visible and far more inviting to go down to the middle schooL One comment or staff report was they asked us to coordinate with the school district on the type of fencing along the south boundary. I did ask Wendel Bigham about that His comment to me they always prefer chain link, because you can see through it, it is inexpensive, and that's what they like. We have, like at Bridgetower, we did get them to go along with vinyl, as long as we put it in and paid for it So, we will work with Wendel to try to come up with something nicer than chain link, but, obviously, their desire for children safety supercedes our choice of fence types. But I will work with the school district on that. Concerning the open space, like Anna indicated, on the plan we show just a six foot cedar board, but our client is open to like four foot, with some lattice or some non-sight obscuring -- they have got some real nice vinyls that the slats are offset, so that you can see through them~ But we think we have came back with a good plan~ Obviously, our neighbor is satisfied at this point in time. We are in agreement with all of the conditions that staff set forth~ The only concern we had was the condition that Mr. Silva placed on our project and the way he explained it to me, he said they take the diagonal dimension, they take 50 percent of that length and, then, they measure from your two access points~ If these two access points are less than 50 percent of the diagonal link, they want a third access when you bring on phase one and I was shaking my head, like where did this come from? I'm not sure. So, if we placed our access point about three lots down, I would meet that criteria and he said, well, Meridian Road is -- there is work in it, we need that third access, but if you put a vehicular access here even temporary, I mean I don't see that thatls going to do us any good and it didn1t make a lot of sense to me and we place detached sidewalk here, we have got berming, fencing, and, obviously, yould have to put a gap in there for the fire truck, because it can1t drive over those detached fences -- or detached sidewalks and berms. So, it didn1t make a lot of sense. We will open up both access points with the first phase, so we will meet the secondary access and I thought that was always the important one. So, I did ask for a deviation from that and I did talk with Mr. -- or Chief Bowers about that~ The only other thing that I noticed that was of concern is on the pathway construction, always get the same condition, that we meet the requirements in the parks departmenfs comprehensive plan, which exceeds that of a public street, so we always ask for the ability to work with parks and public works staff on the standards for the pathway. And that's under item eleven, I believe. Other than that, I think we are in agreement. I think we have came back with a good plan and J'm pleased and I feel that we have met all of the concerns of the Council and even went a few steps beyond that to make this a good project and a good neighborhood~ Thank you~ De Weerd: Becky, I can tell you that is a hundred percent better. It looks nice. In particular, I think one of my biggest disappointments with the previous plat was the upper entrance in, where it kind of dead-ended into a lot~ So, this looks so much nicer. McKay: Taking that bend out. Meridia n City Cou ncil January 11 t 2005 Page 23 of 37 De Weerd: Uh-huh~ McKay: Yeah~ We took that and swept it in. De Weerd: Thatls very nice and you give some nice open space, too~ Bird: Madam Mayor? De Weerd: Mr~ Bird~ Bird: I, too, would like to compliment you on that and you took all our suggestions -- not that we are always right, but you went back and did an awful nice job~ McKay: Thank you. De Weerd: Any other comments? Rountree: Madam Mayor? De Weerd: Yes, ML Rountree. Rountree: 1111 second those comments, but beings this is the preliminary plat, at some point in time, now that your neighbor to the north is going to develop, that long dirt pathway between the two ultimate subdivisions is going to become an issue~ McKay: Yes, sir. Rountree: Have you had an opportunity to discuss that with the Priddys at this point or are they open to that, how's that going to be resolved? McKay: Madam Mayor, CouncHmember RountreeJ J did have a conversation with Dave McKinnon, who represented Farwest Development and the Boyacks, I think, who wanted that driveway for their new home~ My client said that we weren't interested in that driveway, because we have got a lateral running through there that we are going to have to pipe. Mr. McKinnon is also representing Mr~ Priddy and that's how I found out that Mr. Priddy was looking at high density residential development to the north of us, therefore, ML McKinnon indicated that he was going to approach Mr. Priddy and see if they could incorporate that 20 -- is it 24 feet or something along that line~ Rountree: It's pretty narrow. McKay: I agree with you, it needs to go away, because those long flag-type driveways, you know, they are not a good thing and I was very disappointed that it transpired in the beginning. But as you recall, I said donlt make it my problem~ Meridian City Counci I January 11 ~ 2005 Page 24 of 37 Bird: Madam Mayor? De Weerd: You1re right~ Bird: Madam Mayor? De Weerd: Mr. Bird~ Bird: As I understand from one of the owners out there, that that does go away as soon as Saguaro is built and that house in the back there has another way out~ But that right of way or whatever that lane is does go away~ McKay: And we have provided a stub to the Boyacks also~ So, if we get there before Saguaro, it could be eliminated -- Bird: Sooner. McKay: -- sooner. Yes, sir. Rountree: I'm just concerned that people are not thinking about it, but apparently they are. McKay: It's fresh in everybodyls mind and, yes, sir, we have discussed it~ De Weerd: And I sure hope Mr~ McKinnon thinks how hers going to transition those Ja rge lots. McKay: I thought of that myseJf~ Bird: I hope he don1t keep the bull over there. McKay: Is that an amenity? Does it count? De Weerd: Okay. Any further comments from Council? Or questions? I'm sorry~ Okay. Thank you, Becky~ Is there anyone who would like to provide testimony on this application? Seeing none. Canning: Madam Mayor? De Weerd: Yes, Anna~ Canning: You knowf not to sound like ('m just jumping on the band wagon, but when Becky did bring this one back, I -- she brought it back quickly after the Councills initial decision and it was just such a much better site design that I was enthusiastic about seeing it go through the process again and that sometimes it does -- the remand does work, so -- regarding the fire department condition, jf the Council wishes to remove the Meridian City Cou ncil January 11 ~ 2005 Page 25 of 37 ne~ed for the temporary access, it would be fire department condition number five~ I think you just need to strike the sentence -- second sentence, there we go, and J -- the parks department statement says just that the applicant shall coordinate construction of a pathway with Meridian Public Works, so J think"" that that's loose enough for right now~ Oh, is there another one? Okay. It's also apparently referenced in site specific condition -- no. I'm sorry. Not site specific, it1s standard conditions of approval number -- okay~ It's in preliminary plat item number 11 where it says applicant shall conform to the parks department standards for construction of the regional pathway. Maybe it should -- we could modify it to read applicant shall work with the parks department on construction of the regional pathway. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a comment and, then, a quick question~ lid like to compliment Becky on bringing back what I feel is a nice project and, really, after I believe hearing a dissertation on the planned unit development process which we had, these kind of concessions do make a nice development. But I would like to know whether the chief or Anna could answer a question for me as far as the existing requirement. Is that a standard condition? I have heard that utilized in terms of building exiting, but is -- Canning: Usually we see it used when there is just one access road and, then, they ask for a temporary -- secondary temporary access until some other streets get built that connect to it, but in this case where you have two entrance roads, it was unusual. And ifs just because it just barely didn't meet that diagonal requirement that Becky explained so eloquently. Wardle: Madam Mayor. Is the Planning staff, then, comfortable with deleting the -- Canning: I was surprised to see it in the first place. Usually, when there is two access points to a subdivision, we don1t see it -- and ifs just barely off, so I felt pretty comfortable with it. De Weerd: For the record, can we have the chief verify that. Bowers: Madam Mayor, City Council, Councilman Wardle. Thafs correct. After Becky showed me that we were off by only two lots, I donft see where we are going to have a problem with that~ And, of course, you would have to tear out the -- or not put in the landscaping or the sidewalk and I do hate those emergency accesses through there, because they become trash, weed problems, so -- and I have never heard this before, so I will find out tomorrow morning where it come from. Thank you~ De Weerd: Thank you, chief. Okay~ Is there anything further? Wardle: Madam Mayor? Merjdian City Coun eil January 11, 2005 Page 26 of 37 De Weerd: ML Wardle. Wardle: Hearing nothing further, I move that we C"lose the Public Hearing~ ~ Rountree: Second. Bird: On all three or -- De W eerd: I believe that motion was for 13, 14 and 15? Wardle: Yes. De Weerd: Thank you. All those in favor say aye~ All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: If there is no discussion, I would entertain a motion~ Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 13, AZ 04-019, revised Ventana Subdivision and to include all staff, applicant, and public comments, noting the deletion of fire department condition number five. Donnell: Second. De Weerd: Okay. The motion is to approve Item 13 as amended~ If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES~ De Weerd: Okay~ Item 14~ Wardle: Madam Mayor? De Weerd: Mr. Wardle~ Wardle: I move that we approve Item No. 14, PP 04-026, revised Ventana Subdivision preliminary plat to include all staff, applicant, and public comments, specifically noting applicanfs comments in regard to fencing options to include either open vision fencing or four foot solid fencing with two foot open vision. Meridia n City Cou ncil January 11 t 2005 Page 27 of 37 Donnell: Second~ De Weerd: Okay~ The motion is to approve Item 14~ Is there any further discussion? Was there any change on the Item 11? Did we need -- Canning: I think thafs the one where we needed change to the parks department standard, just to have them work with them~ De Weerd: Okay~ And thafs included? Wardle: Yes. Madam Mayor, if I could amend my motion to also include specific comments item number 11, to include working with the parks department on the specific pathway requirements~ Donnell: Second agrees. De Weerd: Okay. Thank you. Any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES~ De Weerd: Thank you. Item 15~ Mr~ Wardle. Wardle: Madam Mayor, I move that we approve Item No. 15, CUP 04-028 revised request for a Conditional Use Permit, Ventana Subdivision, and to include all staff, applicant, and public comments~ Donnell: Second~ De Weerd: Okay. The motion is to approve Item 15. If there is no further discussion, ML Berg~ Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Mr. Rountree~ Rountree: Madam Mayor, I guess lid like to suggest that, Anna, if you could get ahold of the Saguaro folks, developers, and indicate, if they don1t know, the changed circumstance thafs occurring out there abutting them. As I recall, we placed some fairly significant requirements in terms of fencing and those sorts of things to protect their future residents against the agricultural activities that were going on on the Priddy property that may, in fact, not occur now and there may be some resolve between them Meridian City Coun cil January 111 2005 Page 28 of 37 an'd maybe Mr~ McKinnon as that property develops, that they might want to come back to the city and request modification~ Canning: Madam Mayor, Members of the Council, they actually turned in o.n the Boyack property, which is the -- here we go. They chunked off five acres kind of in this location that had a lot of frontage with the Priddy property and they were originally going to put the one new home on there that had access off the private drive~ They have submitted an amendment to the Saguaro preliminary plat to like make ten build-able lots there~ So} we can address those conditions through the amendment to the preliminary plat that -- it was just accepted on Friday, I think~ So, it's in the works~ See, look at that for service~ Rountree: . Way to go. Item 16: Public Hearing: AZ 04-030 Request for Annexation and Zoning of 1 a8 acres from RUT to a C-G zone for Southern Springs No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: Item 17: Public Hearing: PP 04-041 Request for Preliminary Plat approval for three (3) building lots on 1.8 acres in a proposed C-G zone for Southern Sprinas NOIF 3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: De Weerd: Thank you, Anna~ Okay~ Item 16 is Public Hearing AZ 04-030. I will open this Public Hearing with Anna's comments~ Canning: Madam Mayor, Members of the Council -- this is way at the top of Ventanaa Sorry~ There we go. This is Southern Springs No. 3~ It's a request for preliminary plat approval~ The property is located just south of Southern Springs. It is the last remaining county property between -- I just forgot that street name. Calderwood. Thank you. It1s the last remaining property adjoining Calderwood. J should have remembered that. I just can1t quite see it from this distance~ So, they have included it as part of the Southern Springs application. You will remember you recently approved the assisted living and Alzheimer1s care and, then, light office just to the south of here~ This is the existing site with many many trees on it at the present time and the applicant has improved the frontage along Calderwood and along Meridian Road and, then, they have connected to the drive aisles that are being proposed as Southern Springs. They have also connected the pathway that was proposed as -- along the canal. They have dropped it down into their site and connected to Calderwood, so that is the ten foot multi-use pathway. So, that will provide the full connection from Calderwood up to Overland Road, completing that chunk of it, anyway~ This is the -- ('m going to switch to the landscape plan, because it's a little easier to see, because we have fewer trees~ We don1t usually go to fewer trees and a landscape plan, but on this one they had to make room for some buildings. So, we have three building sites, as you see here. They have improved -- they have done their street buffers and their screening on the east side of Meridia n City Council January 11 t 2005 Page 29 of 37 the property. The Planning Commission heard this item on December 2nd, 2004, and speaking in favor of the application was Mr. Dave Koga from the Land Group. No one from the public testified in opposition. The key issues of the discussion by the Commission were the access points to Calderwood and this access does line up with the one that was approved just to the south~ The Commission discussed the sidewalk and landscaping requirements adjacent to Meridian Road~ They have taken the attached sidewalk as it comes to Meridian Road, but, then, they have -- they have brought it into a detached sidewalk as it continues into the site and goes into the other Southern Springs properties~ And they discussed the phasing of the development and the interconnectivity with adjacent property, specifically Southern Springs No~ 1 and 2~ There were no changes to sta1Js initial recommendations and to our knowledge there are no outstanding issues before the City Council~ The Planning Commission has recommended approval of this project. De Weerd: Thank you, Anna~ Was this noticed to any of the neighbors? Canning: Yes~ No one spoke in opposition at the Planning and Zoning Commission eitherf so -- De Weerd: But are the neighbors that we saw in full force close enough to have been notified? Canning: Yes, ma'am~ They would have been, because, as you can see, there is just one -- there is just one little intervening property here, so the 300 foot would have gotten these owners here~ Now, when we -- these other ones came in, they were bigger, so they would have caught more residences in that area, but the 300 foot would have gotten these folks right here. De Weerd: How did you do that, two little red dots to -- Canning: I think I had some help from the city clerk over there~ De Weerd: Okay~ Thank you, Anna. Would the applicant like to come forward? If you will, please, state your name and address. Koga: My name is David Koga with the Land Group at 462 East Shore Drive, Eagle, Idaho. We just moved awhHe back. Basically, I think Anna did a good job of explaining the specifics about the project~ There is just a couple items I thought maybe I can explain a little bit further in regard to the existing trees on the site. As on condition number nine, it says required to meet with Elroy Huff and put together -- prepare a landscape plan -- mitigation plan for the trees, which we did. We met with Elroy and he gave us a report Basically, he -- of all those trees, he suggested to save 14 trees and of those 14 trees we were able to safe those per our design -- save six of the trees. We had to move eight trees. So through the mitigation we had to provide 106 caliper inches of trees, which is the same as 53 two inch caliper treesJ which we did and, then, put a new design that was basically scattered throughout not just the phase three area, but Meridian City Cou ncil Ja nuary 11 r 2005 Page 30 of 37 through phase two area also. So, was able to provide even more trees adjacent to the Ten Mile Creek~ In regard to the neighbors, Madam Mayor, we -- I did meet with a gentleman just -- there is Mr. Neil that lives right ~ere~ Thafs the first thing I did is meet with him face to face, because I was concerned -- but he's kind of an island right there. And he -- I showed him the whole design and showed him what we were doing and he didn1t have any problem with it His only concern he had has to do with traffic, because the traffic was increased with the Meridian high school. Other than that, all the other neighbors around here, I think they understood, because of the previous phase one project, that they understand we are going to put the pathway system and the fencing, which was the key issue there. So, I think thafs the reason why they didn1t come here. De Weerd: Well, Dave, I appreciate that you have reached out to the neighbors first~ That's important~ Koga: So, any questions? De Weerd: No~ Thank you~ Koga Y au bet~ Donnell: Madam Mayor? De Weerd: Mrs~ Donnell. Donnell: I'd like to move to close the Public Hearing. De Weerd: If I could just offer it, we have only one person sitting out there, give him an opportunity not to come forward. Is there anyone else in the audience who would like to provide public testimony on this application? Seeing none, yes, Mrs~ Donnell. Donnell: Now} Madam Mayor, I'd like to move to close the Public Hearing. Bird: On 16 and 17? Donnell: On 16 and 17, yes. Bird: Second~ De Weerd: The motion is to close the Public Hearing on Items 16 and 17~ All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES~ Donnell: And Madam Mayor? De Weerd: Yes. Merid ian City Counci I January 11, 2005 Page 31 of 37 Donnell: lid like to make a motion to approve AZ 04-030, request for annexation and zoning, Southern Springs No.3. Bird: Second. Donnell: Including all staff comments. Bird: Second. De Weerd: Okay. The motion is to approve Item 16. Hearing no further discussion, ML Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Since we have closed the Public Hearing on 17 and I don't think I had opened itf please, for the record note that J also included Item 17 when I opened that. Bird: I swore you said 17. Donnell: We heard itl 11m sure~ Madam Mayor? De Weerd: Mrs~ Donnell. Donnell: First of all, before I make the motion, I just want you to know that having driven down Calderwood for ten and a half years to get to my previous home, it's very nice to see something happening there thafs not going to be quite so much of a mess as ies been~ So, this is very nice~ So, with that lid like to make a motion to approve PP 04-041, request for preliminary plat for Southern Springs No. 3~ Bird: Second~ De W eerd: Okay~ The motion is to approve Item 17 ~ Mr. Berg, will you call roll~ Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES~ Item 18: Ordinance No. 05~1122 : AZ 04-022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Villaae Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: Meridian City Council January 11, 2005 Page 32 of 37 Item 19: Ordinance No. 05-1123 RZ 04-014 Request for a Rezone of 2~4 acres from R-4 to R-15 zones for Cedar Sprinas Place Subdivision by Plantation Place, LLP - southw~st corner of North Meridi?Jn Road and West Ashby Drive: Item 20: Ordinance No. 05-1124 RZ 04-013 Request for a Rezone of 1.674 acres from C-C to C-G zone for Westside Bodv Works by Westside Body Works - 210 East Fairview Avenue: Item 21: Ordinance No. 05-1125 AZ 04-028 Request for Annexation and Zoning of 43.83 acres from RUT to R-4 & L-O zones for Strada Bellissima Subdivision by Pinnacle Engineers, Inc. - NWC of Victory Road and State Highway 69: De Weerd: Okay~ Items 18, 19, 20, and 21 are ordinances for 05-1122, 05-1123, 05- 1124,05-1125. Mr. Berg, will you, please, read these items -- ordinances by title only~ Berg: Thank you, Madam Mayor, Members of the CounciL Ordinance No~ 05-1122, an Ordinance Red Feather Village Subdivision or property located as described in Attachment A of this ordinance and annexing certain lands and territory situated in Ada County, Idaho, and is contiguous to the corporate city limits of the City of Meridian, as requested by the City of Meridian, and establishing and determining a land use zoning classification of said land as R-8, Medium Density, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission as required by law and providing a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date~ Berg: Ordinance No~ 05-1123, an Ordinance Cedar Springs Place Subdivision for property located as described in Attachment A of this ordinance and rezoning certain lands and territory situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, as required by the Plantation Place, LLP, and rezoning the land use zoning classification of said lands from R-4 to R-15 high density to multiple family in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission, as required by lawt and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date~ Berg: Ordinance No. 05-1124, an Ordinance Westside Body Works, located in the southwest corner of Section 6, Township 3 Northf Range 1 East of Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territory situated in Ada County, Idaho, and within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from C-C, Community Business District, to C-G, General Retail and Commercial in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada country recorder, the Idaho State Tax Commission, as required by Meridian City Council January 111 2005 Page 33 of 37 law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date~ Berg: And Ordinance No~ 05-1125, an Ordinance Strada BeJlissima Subdivision for property located as described in Attachment A of this ordinance and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as required -- as requested by the City of Meridian, establishing and determining the land use zoning classification of said land as R-4, low density, and L-O, Limited Office, in the Meridian City Code and providing that copies of the 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 a summary of the ordinance and providing a waiver of the reading rules and providing an effective date~ De Weerd: Okay~ You have heard these ordinances read by title only. Is there anyone in the audience who would like to hear them read in their entirety? Thank you~ Hearing none -- Bird: Madam Mayor? De Weerd: Yes, Mr~ Bird~ Bird: I would move that we approve Ordinance No. 05-1123, 04-1122, 05-1124, and 05- 1125, with suspension of rules~ Wardle: Second. De Weerd: Okay~ The motion is to approve Items 18 through 21. Mr. Berg, will you call roiL Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Mr. Berg. Council, before we go to the next item, we did put the two letters in front of you at the end of the agenda, so that -- staff, would you mind discussing -- or would you object to discussing this right now? Rountree: No~ Bird: I think we need to~ De Weerd: Okay. Good~ Mr. Wardle. Wardle: Madam Mayor, having the opportunity to read these letters, certainly agree with the content of both of them, especially, the opportunity for the public to comment on Meridjan City Counci I January 11 ~ 2005 Page 34 of 37 the Eagle corridor study and certainly agreeing that the Ten Mile interchange is of significant importance, as we all know~ Those are my comments on the letters and I would be happy to sign my signature. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would have to abstain signing the letter to the Congressional delegation and it doesn1t make an awful lot of sense for me to sign State Highway 55 back to myself, so -- De Weerd: Your name's not on this~ Rountree: I know~ De Weerd: Okay~ Mr~ Berg, did you have this via e-mail? Did -- were you e-mailed this -- these letters? Rountree: I got them this afternoon. Berg: Madam Mayor, I did not see it on my e-mail when Mark told me he was working on the server and I turned off my computer. De Weerd: Mr. Nary, do you have this on yours? Nary: I do, Madam Mayor~ I went and -- I stepped out to change the signature page. We can certainly change and take Councilman Rountree's name off of the letter if he would prefer, but I have them -- I can get them printed~ We have another item. I can get them -- if you're all okay with it, I can get them printed when we go do that and you can sign the -- De Weerd: Since we have that opportunity, I would like to suggest adding to the Congressional delegation letter at the very end of the last sentence -- paragraph, just -- that benefits the citizens of the City of Meridian and the valley as a whole, to add: And the valley as a whole* Or something similar. Because this is a regional wide list thafs going -- Donnell: Maybe the entire Treasure Valley. Bird: Thatls what I was going to say, the entire Treasure Valley~ Not only the City of Meridian, but the entire Treasure Valley~ Wardle: Being that is a regionally significant project Donnell: Yes, it is. Meridia n City Council January 11 t 2005 Page 35 of 37 De Weerd: Okay~ Council, I would ask for your signatures tonight, but we will hold this letter until the last moment to see if ITD will be releasing a list of approved projects or recommended projects. lid like to wait until that nst comes out and, then, send this out. Does that seem -- Donnell: Uh-huh~ De Weerd: -- okay with everyone? Donnell: Sure~ Wardle: Yes~ De Weerd: Okay. Canning: Madam Mayor, if that list doesn't come out before they need this letter, do you not want it sent? De Weerd: I guess we will decide at that time. Nary: I believe Mr. Siddoway indicated Friday was when Compass had requested the letter on the T -21 projects and next week on the Eagle Road. De Weerd: I think we would like to hold both until then, but we will see what happens by the end of the week and, then, make that determination~ And I will let Council know~ Rountree: Madam Mayor? De Weerd: Yes, ML Rountree~ Rountree: The 14th is the date of submission that's been provided by the Congressional delegation, primarily the house members. They are seeking this information, so their cutoff is the 14th R De Weerd: So, that list will be out by the 14th. Rountree: Yes~ Bird: Madam Mayor? De Weerd: Okay~ Mr. Bird~ Bird: I sn't this the discussion we had at the last Compass board meeting, the T -21 ? De Weerd: Uh-huh. Yes. Meridian City Counci I January 11, 2005 Page 36 of 37 Bird: I don't know. You know, Ten Mile interchange isn1t even mentioned in it I don't know. I have problems supporting it J didn't vot~ for it over there. De Weerd: In particular, we are, basically, endorsing the process, as they are selected through actions of the board and we did specifically note the projects and we don't want to have it look like sour grapes. We recognize that our project, which we think is regionally significant, is not on there and that we added the additional comments to that. Bird: Yeah, well, the other cities had that same additional comment. We can add that same additional comment~ I will sign it, but I -- I don't know. I have problems at times with it De Weerd: Well, certainly -- Bird: Ten Mile keeps getting shoved and shoved and shoved~ De Weerd: As you know by my comments at the Compass board, I was a little frustrated as well, but we want to also be collaborative in this process, too. Bird: Yeah. De Weerd: So, jf we could, after ML Nary prints this off, we will ask for your signature and we won1t release it until we do get the list, which 11m sure will be released -- similar deadlines, so we will try and plan accordingly. Or react accordingly. Okay~ Item 22: Executive Session per Idaho State Code 67 -2345{ 1 )( c). De Weerd: Thank you~ J would entertain a motion to go into Executive Session~ Bird: Madam Mayor? Go ahead, Christine. Wardle Second. Donnell: Yeah. So moved~ Wardle: Second~ De Weerd: Okay. Mr. Berg, will you, please, call roll. That motion was to adjourn into Executive Session. Bird: As per what? De Weerd: As per stated in the agenda. Berg: C~ Meridian City Council January 11, 2005 Page 37 of 37 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of executive session. Rountree: So moved. Bird: Second~ De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES~ De Weerd: Please note for the record that no decisions were made while in executive session. Council I would entertain a motion to adjourn. Donnell: So moved. Rountree: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:50 P.M. 2- I I I ()7 DATE APPROVED ATTESTED: df.dt-:. )- WILLIAM G. BERG, J January 7,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Ronald Van Auker RZ 04-012 January 11, 2005 ITEM NO. 5-8 REQUEST Findings for Approval- Request for a Rezone of 3.74 acres from I-L & C-G zones to all C-G zone for Raymond Estates - northeast comer of East Franklin road and North Gaudians Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contactedr;r<~\!rh/- ~ Date: (/ID(~ Phone: Emailed:hm.(If.Lr@{J{:\/\Ct.v..:f<..er...CDmStafflnitials:J...I!!-- Materials presented at public meetings shall become properly of the Cily of Meridian. See attached Findings ~v-V CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 3.74 Acres from I-L & C-G Zones to Entirely C-G Zone for Raymond Estates Subdivision Case No(s). RZ-04-012 For the City Council Hearing Date of: December 14,2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration 10 days before said hearing. All other noticing was done consistent with Idaho Code S67-6509. The matter was duly considered by the City Council at the December 14,2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUS.IONS OF LAW AND DECIS.ION & ORDER CASE NO(S). RZ-04-012 - PAGE 1 of 14 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Ronald W. Van Auker. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for this application. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503). I. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 2. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 5. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 6. That this approval is subject to the Legal Description and Map in Exhibit A. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code g 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that 1. The applicant's rezone request as evidenced by having submitted a legal description and map for the subject property is hereby conditionally approved. D. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FrNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). RZ.04-012 - PAGE 2 of 14 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description & Map Exhibit B: Meridian PlaIll1ing & Zoning Department Comments Exhibit C: Conceptual Development Plan Exhibit D: ACHD Comments Exhibit E: Rezone Findings By action of the City Council at its regular meeting held on the J~d- ,2005. I/~ day of COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED~ VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD --- MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~~, - ayo amm de Weerd CITY OF M ERlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). RZ-Q4-012 - PAGE 3 of14 Attest: and City Attorney. By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-0I2 - PAGE 4 of J4 EXHIBIT A LEGAL DESCRIPTION & MAP .J ~VAUEY~ ~ en'll. AND STRUcnJlUL ENGf"ifiEftfNG REZONE DESCRIPTION For Ron Van Auker JQb No. 04092 September 24, 2004 Land in the SW1/4 of Section 9, T3N, R1 E, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Southwest Corner of said Section 9; thence, along the South Line of said Section 9, North 89011 '46" East, 1078.03 feet, to the intersection of the centerline of North Gaudlans Ave., with said Section Line, and the POINT OF BEGINNING; thence, along said centerline, North 06055'12" West, 467.66 feet; thence North 89011'46" East, 435.87 feet, to a set 5/8 inch rebar; thence South 00048'14" East, 465.00 feet, to a point on the South Line of said Section 9; thence along Section Line, South 89011'46" West, 386.05 feet, to the POINT OF BEGINNING. Containing 4.39 Acres, more or less. ~ Meridian .PuhUt Works Dept. P;\VanAukc(\o4D92.Topo by RC WLllcyIDruwlngs\SurvcyIROS'ZONE DroSC.DOC rrU~<;Hn.' \-.~i!ky. F[I;jH{:-as~ iH~. 5(Sfl f )nkLH nA, S,),i.:;:' 720 N.::.n:"r.. l.j~h..' o'rLro't:: ~)n~;'} ;:V,,~~;:')J(( (::(~Fj .t(}~d ~i(f k~c L;;?IIlG-cL->C";\1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-0 12 - PAGE 5 of 14 ~ f~ it~. if. -J OJ -"~........ (0:; lD n""t;./"! ;g~~ ..,~- 00 t5~~ ,oe;~ ~UJZ Onf'T' e?o;Q '" z t;{ -z ~ i3 ..., 00 '" "-; '" 6'"f( ~'1- (). ~0 6',& . ",q.t., "l'e> 0- <"'0 ~.9 1.- 6'". <n '" "l ------ *' \ ---- L~--------- ____ 99L9V /10,,'. " , "31'N SN\lIGf1\1:l N ", <P- h> ~ .: 0; N ..., '" en N "'- g; U1 Vi o "r. / / :0 Pl p X :z :!: OJ 00 ~ N ~ ---{ 0 z - Z 0.... b- OJ: m'" "', ,;) rTl~ '" CJ .... ;0 m rl.Jo. lJ) co Nn {> '" ~fg "" :lJ '" ,,, 'ti u: ,..., If> U' C! ~ -t (5 Z t!l ~ * '" S 00'48'14" E 46500' ..,.., ;;0 )> z ^ r Z ;0 o )> o n V1 ..... i:lr." W.,., ,.. ~g8 a:~ cn'~ ~ ~O"l '" N '" C/O I '-"',& CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-0t2 ~ PAGE 6 of 14 EXHIBIT B MERIDIAN PLANNING & ZONING DEPARTMENT COMMENTS REZONE SITE-SPECIFIC COMMENTS 1. The submitted legal description appears to meet the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. A Certificate of Zoning Compliance (CZC) application shall be submitted for approval for construction of any new building on the site. It is anticipated that future development will be consistent with the conceptual site plan submitted with the Rezone application. 5. The applicant should consult with Rich Greene, Meridian Fire Department, regarding Fire Department issues prior to submitting for CZC. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape inigation. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). RZ-04-012 - PAGE 7 of 14 EXHIBIT C ACHD COMMENTS Site Specific Conditions of Approval 1. Construct a 25-foot wide driveway that intersects Gaudians Avenue approximately 200- feet north of Franklin Road, as proposed. 2. Construct a 40-foot wide shared driveway that intersects Gaudians Avenue at the property's north property line (20- feet on this property and 20- feet on the property to the north). Provide the District with a copy of a recorded cross access agreement between the two properties allow each property to utilize the shared driveway to access the public transportation system. 3. Pave the driveways their full width and at least 3D-feet into the site beyond the edge of pavement of Gaudians Avenue and install pavement tapers with IS-foot radii abutting the existing roadway edge. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). RZ-Q4-0I2 - PAGE 8 of 14 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). RZ-04-012 - PAGE 9 ofJ4 EXHIBIT D - CONCEPTUAL DEVELOPMENT PLAN -- -- - -" 44"~ . n.o. ~''''''''OOO''4 Ml:.JUlJ!AN P&Z DEPT. ... C1 tY Clerk @002 1111512EHj4 ll: 53 2Eli" 77996 VAN AU<ER . . fl.,.J'f'\ol..-r >>1IIt..:_1'Ii '""i...n,., .~_~.... __..._ .____.f". PAGE 81 \ It.. ....~ - .. ..-- - ".~ -L - - - _ --:: t : ;~~,.,., l!. c;~ 9 LANAJ<i( LANE (pRjYATE:r - - ~~~_....-~ -_.l-~--__0- J t !\ 1 tQl ~ I \~ _I Ul ~j s\ -----J ~.I- - \ ~ E'6iOPoSE'D eulL.DI~ j J I I 13 j~ \ L___ _4. __~ l. I K """"""",,L<:of Q1A!1e:.~.. ~ ru,,' 11>T. __~'" ~~'lII~} x: ...______~"':..____~_8#'__ - - L _ FRANJ<!:.IN ROAD .~ -'.,' NOV 15 '04 12'14 20BS0068S4 PAm: . J;l:;l CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-012 - PAGE 10 ofl4 EXHIBIT E REZONE FINDINGS A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates a portion of the subject property adjacent to E. Franklin Road as "Commercial" and the northern portion of the parcel "Industrial," as the property is currently zoned. An application for a Comprehensive Plan Amendment has not been submitted. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on E. Franklin Road, a principal arterial roadway. Staff believes that the commercial development of this property will compliment the existing residential uses/structures in the area if designed properly. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) An appropriate landscape buffer along E. Franklin Road will be required by the City when an application for a CZC is submitted. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject rezone application. Staff is including a condition requiring the applicant to submit for a Certificate of Zoning Compliance (CZC) which, when processed, will require the applicant to construct landscaping along E. Franklin Road and the perimeter of the site. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEClSlON & ORDER CASE NO(S). RZ-04-012 - PAGE II of 14 C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example; a residential area turning into commercial area by means of conditional use permits; The subject property will be developed as a retail use, which is consistent with the requested C-G zoning. Retail uses are permitted in the C-G zone according to MCC 11-8- 1. A Certificate of Zoning Compliance (C2C) is required for construction of a new building on the site. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The general vicinity of this property is changing rapidly. Just west of the property, Franklin Road is in the process of being widened to five lanes from Main Street to N. Eagle Road. Franklin Road to Cloverdale Road is also in ACHD's five-year work plan to be widened. Due to increasing traffic volumes on E. Franklin Road, staff believes that the use of this property for commercial purposes is the best use of the land. The property to the west (R.C. Willey), the subject property, and the property directly to the east fronting E. Franklin Road are all zoned C-G. The property across the street, zoned L-O (Limited Office), is in the process of being developed as a large senior living community (Meadowlake Village). This portion of E. Franklin Road on which the property fronts, is also an entryway corridor into the City. A portion of the subject property is currently zoned C-G. This request is for an extension of the C-G zone to the north. Staff finds that rezoning this site to C-G is consistent with other land uses and changes in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant is proposing a future retail use, but is not proposing a building design with this application. Staff finds that the anticipated retail use if designed, constructed, and operated in accordance with adopted city ordinances, through a future CZC application, should be harmonious and appropriate in appearance with the existing and intended character of the vicinity. CITY OF MERrDIAN FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-0 12 - PAGE] 2 of 14 F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the use of this site for retail sales purposes should not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are complied with. The Commission and Council should rely on public testimony to determine whether the proposed extension of the current C~G zoning will be disturbing or hazardous to the neighboring properties. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; All essential public facilities and City services listed above are available to this site. Staff finds that the current configuration of Franklin Road and the anticipated road widening should be adequate to serve this site in the future. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department) the Meridian Fire Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the property proposed for rezone can be served adequately by all essential public facilities and services. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that changing the zoning on the northern portion of this property to C-G will not cause excessive additional requirements at public cost. Other required site improvements will be funded and constructed by the developer through the CZC process. Staff also finds that the rezoning of this portion of the property will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The applicant is proposing this property be used for retail sales in the future. Staff finds that a retail type use will create additional traffic on adjacent arterial roads. Further, the parking and maneuvering of cars on the site may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. Staff does not anticipate a retail use will create excessive smoke, fumes, glare, or odors that will be detrimental to any person, property or the general welfare of the area. To ensure this finding) all future uses on this site will be required to go through CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-012 - PAGE 13 of [4 the Certificate of Zoning Compliance process and will be subject to compliance with City Code. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Per a conceptual development plan submitted by the applicant, vehicular access to this site will be provided from Gaudians Avenue. All future vehicular access points to this site should comply with ACHD policies. If a vehicular approach is approved to the site that is designed and constructed in accordance with ACHD policies, staff finds that the approach(es) will not create an interference with traffic on the surrounding public street(s). Please review any comments from ACHD for additional infOlmation regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be rezoned and developed with commercial uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" For the reasons listed in thefindings above, stafffinds that the rezoning of this property would be in the best interest olthe City. CITY OF MERiDiAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-0 12 - P AG E 14 of 14 NOTICE OF A WARD TO: Amerian Paving Con1])any P.O. Box 395 Meridian, Id. 83680 DATE: 01-13-05 PROJECT DESCRIPTION: Storey Park Upgrades- City of Meridian The OWNER has considered the Bid submitted by you and for the above described Work in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your Bid has been accepted for (description): Storey Park Phase II Upgrades. In the amount of Two Hundred Three Thousand Thirty -Five Dollars($203035.00). You are required to full execute the Agreement and fu111ish the required Contractor's Perfonnance bond, Payment Bond and Certificates ofInsurance within five (5) calendar days from the date of the notice to you, that is by Jan 26 ,2005. If you fail to execute said Agreement and to fumish said bonds and certificates of insurance within five (5) calendar days fi'om the date of Notice, said OWNER will be entitled to consider all your rights arising out ofthe Owner's acceptance of your Bid as abandoned and as a forfeiture of your bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the OWNER. OWNER: ATTEST: ACCEPTANCE NOTICE OF A"rARD Receipt of the NOTICE OF AWARD is hereby acknowledged by: L~j llit;y ,this J4~aYOfJan~ ,2005. AMF;fJtfifJ fJw IIV ft ~~ CONTRACTOR Name: Title: (Seal ifby a Corporation) NOTICE TO PROCEED TO: American Paving CONTRACTOR DATE: 1-23-05 P.o. Box 395, Meridian, ID 83680 ADDRESS PROJECT: Storey Park Upgrades - :Meridian, Idaho DESCRIPTION: Park Renovation, Parking Lot & Landscape You are hereby notified that the Contract Time for the construction of the above project will COlTllnenCe to run on the 23rd day of January , 2005. OWNER: ATTEST: Name: Tamm Title: Ma or - ~ = de Weerd i ;. '$ ~ >P.. ~ ...."'N William Ber AI Document A101™ -= 1997 W?~l Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STlPULA TED SUM AGREEMENT made as of the Eleventh day of January in the year of Two Thousand and Five (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other infonnation) City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. and the Contractor: (Name, address and other infonnation) American Paving Company P.O. Box 395 Meridian. Idaho 83680 Telephone Number: (208) 888-7988 The Project is: (Name and location) This document has been approved and endorsed by The AssocIated General Contractors of America. Storey Park Upgrade - Phase 2 Meridian. Idaho The Architect is: (Name, address and other information) JGT Architecture pa. Professional COI:poration 1212 12th Ave. So. Nampa. Idaho 83651 Telephone Number: (208) 463-9295 Fax Number: (208) 463-9299 The Owner and Contractor agree as follows. AlA Document A101n1-1997. Copyright @ 1915, 1918, 1925,1937,1951, 1958,1961, 1963, 1967,1974,1977.1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by u.s. Copyright Law and Inlernalional Treaties. 1 Unauthorized reprodLlclion or distribulion of Ihis AlA" Document, or any porl1OIl of it, may result in severo civil end criminal pon<1lH&s, and will bo proeccutecllo tho maxim um oxtonl possible under tho law. This document was produced by AlA software al1 0:24:55 on 01/1112005 under Order No.1000106112 1 which expires on 3/1512005. and is no! lor resale. User Notes: - (1823071056) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution oftms Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 9 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement)fJt.differ-s-fro e date of this Agreement or, if applicable, state that the date will beft:xed in a notice to prgged.) I MardI 01.2005 Jh.-..; .:;:2;"3 If, prior to the commencement of: e Work, the Owner requires time to me mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows; ~ 3.2 The Contract Time shall be measured from the date of commencement. ~ ----.. ~ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than'M days from the date of commencement, or as follows: I' g '7; L I (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Free flow irrigation comoleted by March 20. 2005 Substantial Completion Date 5120/2005 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments fOT early completion olthe Work.) 3.3.1 OWNER and CONTRACTOR recognize that time is of the essence of the Agreement and that OWNER will suffer financial loss if the Work is not completed within the time specified in paragraph Contract Times above. plus any extensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays. expense and difficulties involved in proving in legal or other dispute resolution proceeding the acrualloss suffered by OWNER tfthe Work is not completed on time. Accordingly. instead of requiring any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penaltv) CONTRACTOR shall pay OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time specified in paralU'aph Contract Times above. for Substantial Completion llntil the Work is substanstially complete. 3.3.2 After Substantial Completion. if CONTRACTOR nej;!:lects. refuses. or fails to completel:heremaining Work within the Contract Times or any property OWNER granted extensions thereof. CONTRACTOR shall pay OWNER AlA DocumentA101Tt1-1997. Copyright @1915,1918.1925,1937,1951,1958,1961,1963, 1967, 1974.1977,1980, 1987, 1991 and 1997byThe Americanlnstilute of Atchitects. All rights reserved. WP.RNING: This AlA" Document is protected by U.S. Copyright Law and Internationel Treaties. 2 Unauthorized reproduction or distribution 01 this A1A~ Document, or any portion of it, may resull in sevore civll and criminal penal Hes, and will bo prosecuted 10 tho maximum extent possible unearths law. This dooument was produced by AlA software at 1 0:24:55 on 01/11/2005 under Order No.1000106112_1 which expires on 3/1512005, and is nO!!Gr resale. User Noles: (1823071056) one hundred dollars and zero cents (lOO.OQ) for each that expires after the time specified in paragraph Cont.ract Times above for completion and readiness for final payment.. 3.3.3 OWNER shall recover such liquidated damages by deducting the amount owed ii'om t.he final pavment or any retainage held by OWNER. ARTICLE 4 CONTRACT SUM ~ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Two Hundred Three Thousand Thirty-five Dollars and Zero Cents ($ 203.035.00 ), subject to additions and deductions as provided in t.he Contract Documents. ~ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amountfor each and the date when that amount expires) ~ 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PAYMENTS 95.1 PROGRESS PAYMENTS ~ 5.1.1 Based upon Applications for Payment submitted to the Archit.ect by the Contractor and Certificates for Payment issued by the Architect., the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. ~ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 95.1.3 Provided that. an Application for Payment is received by the Architect not. later than the First day of a month, the Owner shall make payment to the Contract.or not later than the Thirtieth day of the ~ month. J fan Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Forty-five ( 45 ) days after the Architect receives the Application for Payment. ~ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such fonn and supported by such data t.o substantiat.e its accuracy as the Architect may require. This schedule, lmless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. ~ 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end ofthe period covered by the Application for Payment. 95.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows; .1 Take that. portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Wark in the schedule of values, less retain age of ( ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A20l-1997; AlA DocumentA1Dl"'-1997. Copyright @1915,1918,1925.1937.1951.1958. 1961.1963, 1967.1974.1977, 1980, 1987.1991 and 1997 by The Americarllnstilute of Architects. AU rights reserved. WARNING: This AlAe Document is protecled by U.S. Copyright Luw and Internationai Treaties. 3 Urmulhorizcd reproduction or distribution of this AlA" Document, or any portion of ii, may result in severe ciVil and criminal penalties, and will be prossculed to the maxim urn extenl possible under the law. This document was produced by AlA software at 10;24:55 on 01/11/2005 under Order No.1000106112_1 which expires on 3/1512005, and is nollor resale. User Notes: (1823071056) .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed conslruction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00%); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AlA Document A20l-1997. ~ 5.1.7 The progress payment amount detennined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Conlract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of A/A Document A20/ -] 997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AlA Document A201-1997. ~ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows; (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) S 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 95.2 FINAL PAYMENT S 5.2.1 Final payment, constituting the entire unpaid balance of the Conlract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully perfonned the Conlract except for the Conlractor's responsibility to correct Work as provided in Section 12.2.2 of AlA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a .final Certificate for Payment has been issued by the Architect. S 5,2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 9 6.1 The Contract may be tenninated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. S 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Docwnent A201-1997. AlA Document A101111-1997. Copyright @ 1915, 1918, 1925,1937,1951,1958,1961,1963,1967,1974,1977,1980, 1987, 1991 and 1997 byThe American Institute of Architects. All rights reserved. WARNING; Thie AlA'" Document is protected by U.S. Copyright Law and International Treaties. 4 Unaulhorl2od repl'oduclion or distribution of this AIAt' Document, or any portion of it, may result in sovoro oivil and criminal penallies, and will be prosecuted to tho maximum extent possible under the law. This dooument was produoed by AlA software at 10:24:55 on 01/1112005 under Order No,1000106112_1 which e~pires on 311512005, and is not lor resale. User Notes: (1823071056) ARTICLE 7 MISCELLANEOUS PROVISIONS 97.1 Where reference is made in this Agreement to a provision of AIA Document A20l-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Docnments. S 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ([nsert rate oj interest agreed upon, if any.) ) per annllm (Uswy laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 97.3 The Owner's representative is: (Name, address and other infonnation) JGT Architecture pa, Professional Comoration 1212 12th Ave. So. ~ampa,Idaho 83651 TeleDhone Number: 463-9295 97.4 The Contractor's representative is: (Name, address and other infonnation) Terry Lutz - American Paving ComDany P.O. Box 395 Meridian, Idaho 83680 ~ 1.5 Neither tbe Owner's nor the Contractor's representative shall be changed without ten days written notice to tbe other party. S 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS ~ 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: ~ 8,1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AlA DocumentAlOl~1997. ~ 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA Document A201-1997. ~ 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Proj ect Manual dated , and are as follows Document Nov. 4, 2004 Title Project Manual Pages AlA Document A10F" -1997. Copyright il:) 1915, 191B, 1925,1937,1951, 195B, 1961,1963.1967, 1974. 19n, 1980, 19B7, 1991 and 1997 byrhe American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. 5 Unauthorized reproducllon OJ' dictribution of this AlA" Document, or any portion of ii, may result In severe cIvil and criminal penelties, and \'Jill be prosecuted to tho maximum amenl possible un dar the law. This document was produced by AlA software al1 0:24:55 on 01/11/2005 under Order No.l000106112 1 which expires on 3/15/2005, and is notforresale. User Noles: - (1823071056) S 8.1.4 The Specifications are those contained in the Project Manual datcd as in Scction 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) SeGtlan litle Pages Titlc of Specifications exhibit: Proiect Manual. datcd Nov. 4. 2004 S 8.1.5 The Drawings are as follows, and are dated November 04.2004 miless a different datc is shoWD below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number A-1.0 c-o thru C-4 Title Site Plan Date 5/15/2003 1112512003 S 8.1.6 The Addenda, if any, are as follows: Number 1 Date 11/1112004 Pages 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documcnts unless the bidding requirements are also enumeratcd in this Article 8. S 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows; (List here any additional documents that are intended to form part of the Contract Documents. AlA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample fonns and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the ArC/lie in the administration of the ~dth__miiinde"o"'e. ne'. -7~/ ~ o E g CONTRACT~J Lutz V.P. Mayor Tammy deWeerd Ci of Meridian (printed name and--ti#e) (Printed name and title ) . P. Attested; AlA Document A101Ttl-1997. Copyright @ 1915, 1918, 1925, 1937, 1951<11958, 1961, 1963. 1967, 1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rlghlsreserved. WARNING: This AlA Document is protected by U.S. Copyright LllW and International Treaties. 6 Unaulhorl:eed rcproducl1on or dIstribution of this AIAo Document, or any portion of it, m"y resul! in severe oivil ,!nO criminal panalllas, and will be pro!l:!Culed 10 the maximum extent possible un der the IllW. This document was produced by AlA software at 10:24:55 on 01111/2005 under Order No.l000l06112_1 which expires on 3/15/2005. and is not for resale. User Noles: (1823071056) AlA Document A312 Payment Bond Bond No. 104397261 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): American Paving Company, Inc. P.O. Box 395 Meridian, Id 83680 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America 1161 W River Boise, 10 83702 OWNER (Name and Address): City of Meridian 33 East Idaho Meridian, 10 83642 CONSTRUCTION CONTRACT Date: January 11, 2005 Amount: Two Hundred Three Thousand Thirty Five Dollars and no/IOO's Description (Name and Location): Storey Park Upgrade - Phase 2 Meridian, 10 83642 ($203,035.00) BOND Date (Not earlier than Construction Contract Date): January 23,2005 Amount: Two Hundred Three Thousand Thirty Five Dollars and no/IOO's ($203,035.00) Modifications to this Bond: CONTRACTOR AS PRINCIPAL SURETY Travelers Casualty and Surety Company of America Company:American Paving Company, Inc.{Corporate Seal)Company: (Corporate Seal) Signature: ~-~ignature: ~n~ M/\i(jt.~ Name and Title: -rr:: ~t?1..( L"'fr? ~ . e Name and Title: obin Stroud, Attorney-in-fact (Any additional sig~amresaplJear oti'p'age 4.) FOR INFORMATION ONLY -- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Moreton & Company JGT Architecture pa, Professional Corporation 12639 W. Explorer Dr., Suite 200 1212 1ih Ave South Boise,ld 83713 Nampa, ID 83651 (208)321-9300 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2 With respect to the Owner, this obligation shall be null and void if the Contractor: SURETY 5026 (6-92) 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits Printed in U.S.A and tf!ndered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until; 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by 'the Owner to the Contractor under the Construction Contract shall be used for the performance of SURETY 5026 (6-92) the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by Jaw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in terms "labor materials or equipment' that part of water, gas, power: Printed in U.S.A light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOllOWS: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Signature: Name and Title: Address: Signature: Name and Title: SURETY 5026 (6-92) Printed in U.S.A ( , TRAVELER:. ASUALTY AND SURETY C01v1PANY OF AN~ .lCA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of COlmecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Allan Ranstrom, Kim H. Ward, Janet L. Stewart, Vicki Goicoechea, Tina Coleman, Colleen B. Thompson, Robin Stroud, of Boise, Idaho, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in- Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys~in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority mll.Y prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. V01ED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, ifrequired) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: V01ED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affIxed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. r ",C- -. ~------- --- .-.-..--- 'I I -~~_.__c,.._~__....-.o_..,.,_ _. .~ Travelers ~ l~~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the t1Act"). The Act establishes a short-teon program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000,00, proVided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please aiso note that no separate additional premium charye has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. - , AlA Document A312 Performance Bond Bond No. 104397261 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): American Paving Company, Inc. P. O. Box 395 Meridian, 10 83680 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America 1161 W River Boise, 1083702 OWNER (Name and Address): City of Meridian 33 East Idaho Ave Meridian, 10 83642 CONSTRUCTION CONTRACT Date: January 11, 2005 Amount: Two Hundred Three Thousand Thirty Five Dollars and nollOO's Description (Name and Location): Storey Park Upgrade - Phase 2 Meridian, 10 ($203,035.00) BOND Date (Not earlier than Construction Contract Date): January 23, 2005 Amount: Two Hundred Three Thousand Thirty Five Dollars and nollOO's ($203,035.00) Modifications to this Bond: CONTRACTOR AS PRINCIPAL Travelers Casualty and Surety Company of America companY:Am~~ Company, Inc.(Corporale Seal) com~ <COf?Or.3. Ie Seal) Signature: '. Signature:. 'Ik~ ~I C?.e _<c-- Name and TItle: -rc: t'<. i..-I..tT1...- . .p Name and Title. Robin Stroud, AttorneY-lrFFact (Any additional signalures a ear on page 2.) ; FOR INFORMATION ONLY -- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Moreton and Company JGT Architecture pa, Professional Corporation 12639 W. Explorer Dr., Suite 200 1212 12t1h Ave South Boise, Idaho 83713 Nampa, 10 83651 (208)-321-9300 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. SURETY 5026 (6-92) Contract, but such and agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions; 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the. Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. SURETY 5026 (6-92) 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common Jaw bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. MODIFICATIONS TO THIS BOND ARE AS FOllOWS: (< BondModifications)) 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to pertorm or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: SURETY 5026 (6-92) SURETY Company: (Corporate Seal) Signature: Name and Title: ( . TRA VELE1.. ":ASUALTY AND SURETY COMPANY OF AI- ..{lCA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S).IN-FACT KNOW ALL PERSONS BY THESE PRESENTS~ THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA~ TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,' corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Allan Ranstrom, Kim H, Ward, Janet L. Stewart~ Vicki Goicoechea, Tina Coleman~ Colleen B. Thompson, Robin Stroud, of Boise~ Idaho, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in- Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in ful1 force and effect: VOTED: That the Chainrum, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in.Pact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts ofindenmity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaIdng shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, ifrequired) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA~ TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY~ which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affIXed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for pw-poses only of executing and attesting bonds and undertaIdngs and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. r . -- -. --....------~-- --0- -, --. _.~........-- " j J ------, ..+.-- - ----,'--~ "~ Travelers M ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Ad, insurers are required to provide coverage for certain losses caused by international ads of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically. the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000,00, provided that the insurer has met its deductible. Please nofe that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is aHocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. , , ( IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poJicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. :ORD 25-S (2001/08) 2 of 2 #M13731 ACORD"., CERTIFICA l (... :: I OF LIABILITY INSUR'.H.NCE DATE (MM/DDfYYYYj ...... 1/24/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moreton & Comp.any ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 191030 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Boise, lD 83719 208 321-9300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: TRAVELERS INDEMNITY COMPANY OF /I . American Paving Company INSURER B: CINCINNATI INSURANCE COMPANIES POBox 395 INSURERC: IDAHO STATE INSURANCE FUND Meridian, ID 83680 INSURER 0: INSURER E: Client#. 90 AMERICAPAV ::;OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERiAIN. THE JNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLlCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~: ~~~: TYPE OF INSURANCE POLICY NUMBER PJ'l-i~;J~r68~IE P~~I;ll~~~t,w{N LIMITS A ~NERAL LIABILITY DTC0324D6872TIA04 09/01/04 09/01/05 EACH OCCURRENCE $1 000000 X- COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300.000 II CLAIMS MADE [JS] OCCUR MED EXP (Anyone person) $5,000 X- PD Ded:1,OOO PERSONAL & ADV INJURY $1.000.000 - GENERAL AGGREGAlE $2,000,000 GEN'L AGGREGATE LIMIT APnS PER: PRODUCTS - COMP/OP A.GG $2,000.000 I n PRO- POLICY JECT LOC C\. ~TOMOBILE LIABILITY DT81 0324D6872TI L04 09/01/04 09/01/05 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 I- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person} f-- ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Pel accident) RAGE LIABILITY AUTO ONLY. lOA ACCIDENT $ ANY AUTO OTHER THAN lOA ACC $ AUTO ONLY: AGG $ ~ OESSIUMBRELLA LIABILITY CCC4963576 09/01/04 09/01/05 EACH OCCURRENCE $5 000 000 OCCUR 0 CLAIMS MADE AGGREGATE $5 000.000 $ R DEDUCTIBLE $ RETENTION $ $ . WORKERS COMPENSATION AND 583526 09/01/04 09/01105 X I WC STATV~ I 10J~' , EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETORfPARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER ;SCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES / EXCLUBIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Db #1445 - Storey Park Upgrade -Phase 2. ERTIFICATE HOLDER CANCELLA TION The City of Meridian 33 East Idaho Ave. Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ........3.0- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBllGAT1oN OR lIAB1LlTY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENT A TIVES. A~ED p::r::p :;ORD 25 (2001/08) 1 of 2 #M13731 LORDB @ ACORD CORPORATION 1988 January 8, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT January 13.2004 ITEM NO. 51J REQUEST Streetlight Agreement for Bonito Subdivision (aka EI Dorado Subdivision) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEPT17;D JAN - 7 2004 Memo City of Meridian City Clerk Office To: Mayor de Weerd & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 117/2004 Re: Proposed Consent Agenda Items for 1/13/04 City Council Meeting The Public Works Department respectfully requests that the foUowingitems be placed on the 1/13/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlioht AQreement for Bonito Subd (aka Eldorado). Typical water main easement Recommended Council Action: Approve the Streetlight Agreement for Bonito Subd (aka Eldorado) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN and Eldorado Owners Association Inc., pertaining to the streetlights in Bonito Sub, a Commercial development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Eldorado Owners Association Inc. Has provided ~street light poles, concrete pole bases, fixtures, bulbs, and components to the commercial development known as Bonito. Sub in Meridian, Idaho. The parties acknowledge that the ~street light poles and appurtenances were spe~ially ordered items, not customarily used in commercial developments in Meridian, Idaho. 2. Eldorado Owners Association Inc. , or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Eldorado Owners Association Inc. , or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that . the City will allow reasonable time to replace them. 3 . It is agreed that the City of Meridian authorize and pay for the electrical service t9,~e supplied to the 19 street lights located in Bonito Sub in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule' 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. This AGREEMENT shall be binding on Eldorado Owners Association Inc. . its heirs, successors and assigns, and the CITY OF MERIDIAN. day of ,20 . ~"'...'. ..,,~, Dated this STREET LIGHT AGREE:MENT Page 1 of 1 ATTEST: William G. Berg, Ir., City Clerk Approved by City Council on: CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho By Robert D. Corrie, Mayor ATTEST: ~ Se0f:etary ------- STATE OF IDAHO, ) ss. County of Ada, ) STREET LIGHT AGREEMENT Eldorado Owners Association Inc. Byctl~~-----. President Page 2 of2 On this _ day of ,20----.-/ before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY CO:MMISSION EXPIRES STATE OF Tf)11!fo ,) County of AaJ It ,) : ss. On this I.;). day nf DeC!.t:t>Jep" , 200.3 , before ,\,e,_ th'pmdersigned, a Nntary Public in an~ ....for said State, personally appeared ltJ f'1>=fuvt H. 1Z01JV'e- and ::J.e.. ff t.J. 17q;-re-- known to me to be the President and Secretary ofPaeifio- ry f)t:"velo~, and who executed the within instrument on behalf of said corpo~ation, an~J .. acknowledged to me that said corporation executed the same. € l t>o~ 04.frl.#"S 4;.~(JC( ()..o~'1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. LORI A. MOoRE Notary Public &ate of Idaho ~ /?Wtt NOTARY PUBLIC FOR IDAHO RESIDING AT ~r/ck:4:A MY COMl\1ISSION EXPIRES /d -/02 -0,6 SEAL STREET LIGHT AGREEMENT Page 3 of3 January 7, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 11,2005 ITEM NO. 5-C REQUEST Latecomers Agreement for Ten Mile Water Line Extension by Lochsa Falls, LlC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Emailed: Date: Staff Initials: Phone: Matorlals presented at public meetings shall become properly of the City of Meridian. City of Meridian Public Works Dept. Memo RE<JEIVED' o 3 2005 City Of Meridian City Clerk Office To: Mayor de Weerd & City Council From: Karie Glenn cc: File Date: 1/3/2005 Re: Proposed Agenda Items for 1/11/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 1/11/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Latecomers Aweement for Ten Mile Water Line Extension by Lochsa Falls LLC. This is a corrective action to supersede a previously recorded agreement. Recommended Council Action: Approve the Latecomers Agreement for Ten Mile Water line Extension by Lochsa Falls LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration, . Page 1 TEN MILE ROAD WATER LINE EXTENSION LATE COMERS AGREEMENT This Agreement made and entered into this ~g-th:. day of fi{,~e..tl\b{, , 2004, by and between LOCHSA FALLS LLC, an Idaho Limited Liability Company, hereafter referred to as "Lochs a", and the CITY OF MERIDIAN, hereinafter referred to as "City." This Agreement supersedes and replaces in its entirety a similar Agreement made and entered into on the 29th day of September, 2004, by and between LOCHSA FALLS LLC, an Idaho Limited Liability Company and the CITY OF MERIDIAN, and recorded by the Ada County Recorder at 9:01 a.m. on the 18th day of October, 2004, under the number 104132299. WITNESSETH: WHEREAS, the City limits extend North of McMillan Road, but prior to this Agreement and the construction referred to herein, such area was not provided water service by the City; and WHEREAS, Lochsa constructed a water line from an existing water line to an area North of McMillan Road and in Ten Mile Road as shown in Exhibit "A", which water lines are able to provide service to land North and South of McMillan Road to the land shoWn in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that the Total Service Area is approximately 212.37 acres which, if developed under the land use density projections shown on Exhibit "B", which is attached hereto and by this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit "B", there would be a total of 467 equivalent residential units (ERU) in the 212.37 acres; and WHEREAS, Lochsa and E.L. Bews, owners of another development within the aforementioned Total Service Area, have already made separate arrangements for E.L. Bews to reimburse Lochsa for a share of the cost of construction of the aforementioned water line, and to share in the amounts collected by Lochsa lU1der this Late Comers Agreement, such that Lochsa and E.L. Bews properties shall be collectively referred to herein as "Lochsa Properties" for convenience purposes, which properties collectively consist of 88 ERU and that on the land not included in the Lochsa Properties, there would be 379 ERU; and TEN MILE WATER LINE LATE COMERS AGREEMENT Page 1 WHEREAS, the water line constructed by Lochsa will benefit land other than only the Lochsa Properties; that the land that can be served by the said water line is shown in Exhibit "A"; that the developable land that can be served by the water line could contain 467 ERU's; that the existing developed areas that eventually connect to the water line serviced by the City will be subject to the latecomer fees described herein; that seventy-eight percent (78%) of the land not included in the Lochsa Properties would be developed in ten years, the term that a Latecomers Agreement is allowed to run by law, and WHEREAS, the total cost of constructing the said water line borne by Lochsa was, $104,286.97; and the water line will benefit the Lochsa Properties which could contain 88 ERU's, or 18.84% of the total area to be benefited by the construction of the water line; therefore the cost to Lochsa to construct the water line to and through his own subdivision(s) would be $19,650.92; that by subtracting this amount as the total Lochsa's cost share, the total cost to all latecomers is $84,636.05; and then dividing by 78% of the remaining number of ERU's that could be served by the water line; and then adding 10% for City Administration Cost, there should be a latecomers fee of$315.59, plus interest, per ERU as shown in Exhibit "C"; and WHEREAS, Section 9-1-13 ofthe Water Ordinance provides that the City may enter into water line extension and reimbursement agreements and that section further provides that water users who subsequently connect to the extended water line(s) shall be charged an eight (8) inch diameter water line equivalency fee; said fees are in addition to the connection and user charges normally assessed a user due to the fact the user has not contributed to the cost of the extended line; the bove fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides that the late comers fee may be used to reimburse the person or persons so extending the water line(s). WHEREAS, pursuant to Section 9-1-12 of the Water Ordinance, the City is required to charge a Water Construction Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing a water line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to TEN MILE WATER LINE LATE COMERS AGREEMENT Page 2 the City water system, shall be required to pay an additional connection charge which shall be known and referred to as the "Water Construction Equivalency Fee". NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in fulL 2. That Lochsa has paid or will pay for engineering, planning and construction of the water line shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A". 3. Lochsa has contributed or will contribute $104,286.97 to total construction costs of the said water line, of which Lochsa is entitled to be reimbursed the sum of $84,636.05 plus interest, which represents land that could be served by the water line but is not included in Lochsa Properties. 4. That for all land in Exhibit "A" subsequently connecting to the water line referred to in Exhibit "A", except the land in the Lochsa Properties, the City will charge the sum of $315.59 plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to as "LATE COMERS"; that the charge is the Water Construction Equivalency Fee authorized in section 9-1-12 and established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE"; the fee is in addition to any other water charges for connection to the water system; the computation of the Late Comers Fee is shown on Exhibit "C" attached hereto and by this reference incorporated herein. 5. That all Jhe late comer fees .assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the "TEN MILE WATER LINE EXTENSION PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 6% to be accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year for the term of the agreement, and shall be distributed quarterly to Lochsa. 6. That the latecomer fees assessed, which will go into the TEN MILE WATER LINE EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate of 6% per annum as shown in Table 1 of Exhibit "C". TEN MILE WATER LINE LATE COMERS AGREEMENT Page 3 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the water line shown in Exhibit "A" for the land also shown in Exhibit "A", except the land in the Lochsa Properties. 8. That the City shall charge the TEN MILE WATER LINE EXTENSION PROJECT REIMBURSEMENT ACCOUNT the 10% fee authorized by 9-1-13. 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 10. That the water line(s) referenced in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 11. The term of this Agreement shall be until Lochsa has been reimbursed the principal sum of $84,636.05, plus interest, as determined in Paragraph 6 or, if this is not achieved, for a period of ten (10) years or, until such time the water line described herein is abandoned. If Lochs a has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and Lochs a, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. TEN MILE WATER LINE LATE COMERS AGREEMENT Page 4 12. This Agreement shall be binding on the assigns and successors' of the parties hereto. DATED this day of , 2004. BY: CITY OF MERIDIAN TAMMY DE WEERD, MAYOR ATTEST: WJLLIAM G. BERG, JR.; CITY CLERK Approved By City Council the day of , 2004. (corporate seal) Lochsa Falls, LLC. By ~~r~ Marty G I smith, Member TEN MILE WATER LINE LATE COMERS AGREEMENT Page 5 STATE OF IDAHO ) }ss. County of Ada, ) On this _ day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., !mown to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and ac!mowledged to me that the CITY OF MERIDIAN executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: STATE OF IDAHO ) }ss. County of Ada ) On this OL~-&. day of ---1\e.t.e.-M~/r , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, lmown and identified to me to be the member of LOCHSA FALLS L.L.C. that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and ac!mowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .',.......... f,.". C \ E. III ....~ .ft.-t-: ........ "'a.~" ~..... .. ....y \. (SEA~ (~OTAllJ.- \ \ * _._~*: . .oVB\..\C i cP. .. 01 ~:;'-1 .......... ~:~, 1'1; 0 F \"0 ,.'" ....~. 't,'t --............, ~\AM~ L.~ NOTARY PUBLIC FOR IDAHO Residing at: Commission expires: TEN MILE WATERLINE LATE COMERS AGREEMENT Page 6 1=.~ Mile Road Water Line Extent....Jn Late Comers Agreement Exhibit "A" N W*E - Latecomer's Area o I s Developer's Area 1000 2000 3000 Feet I EXHIBIT B LATECOMER'S AREA 10 PARCEL OWNER 15111 S0427141800 . JANICEKPROPERTIESLLC 15112 S0427142323 JOHNSON MICHAEL L & 15148 S0426233815 GOLDSMITH MARTY 15114 S0427410000 . BEWS E L 15124 S0427430000 . SEWS E L . Denotes portion of parcel within latecomer's area Note: Any parcel less than 1.0 acre not considered for redevelopment and assigned 1 ERU ACREAGE ZONECODE 27.740 RUT 2.265 RUT 25.42 RUT 40.000 RUT 40.000 RUT 135.43 TEN MILE WATERLINE LATECOMERS AGREEMENT ERU's per acre 2.80 2.80 NA 2.80 2.80 Projected ERU's 78 6 71 112 112 379 10 15151 PARCEL S0426336000 BEWS E L EXHIBIT B . CONT. DEVELOPER'S AREA OWNER ERU's ACREAGE ZONECODE per acre 76.940 1.14 Projected ERU's 88 . Denotes portion of parcel wilhin developer's area TEN MILE WATERLINE LATECOMERS AGREEMENT EXHIBIT B - CONT. SUMMARY: Developer's Area Only: Latecomer's Area Only: Total Net Benefit Are (incl. Developer's area) Percentage Developer's: Percentage Latecomer's: Acreage 76.94 135.43 212.37 Area Basis 36.23% 63.77% ERU's 88 379 467 ERU Basis 18.84% 81.16% TEN MILE WATERLINE LATECOMERS AGREEMENT EXHIBIT B - CONT. Parcels Expected to Develop Within 10 Years ERU's Projected JD PARCEL OWNER ACREAGE ZONECODE per acre ERU's 15148 S0426233815 GOLDSMITH MARTY 25.42 RUT NA 71 15114 S042741 0000 * SEWS E L .40.000 RUT 2.80 112 15124 S0427430000 * SEWS E L 40.000 RUT 2.80 112 Totals of parcels expected to develop within the next 10 years: 105.42 295 % of parcels to develop within the Total Service Area within the next 10 years: Area Basis ERU Basis (excluding the Developer's Area) 77.84% I 77.83% * Denotes only part of parcel is included. TEN MILE WATERLINE LATECOMERS AGREEMENT EXHIBIT C ERU DETERMINATION: Total Service Area = 212.37 Gross Acres Latecomer's Service Area = 135.43 Gross Acres TOTAL SERVICE AREA: DEVELOPERS AREA: LATECOMER'S AREA: Projected ERU's 467 88 379 Percent of Total ERU's 100.00% 18.84% 81.16% FEE COMPUTATION: DEVELOPER'S CONTRIBUTION (verified from billings): $104,286.97 PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION: (Developer's % of projected total ERU's) X (Developer's Contribution) 18.84% X $104,286.97 = $19,650.92 PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT: (Latecomer's % of projected fotal ERU's) X (Developer's Contribution) 81.16% X $104,286.97 = $84,636.05 LATECOMER FEE PER ERU: (Eligible Reimbursement) I (Latecomer's ERU's) $84,636.05 / 379.01 = $223.31 REIMBURSEMENT BASIS: (Latecomer fee per ERU) (% Developed During Payback Period) Payback Period (years) 10 Development Percentage 78% $223.31 / 78% = $286.90 ADMINISTRATIVE FEE: (Reimbursement Basis) X (110% - (10% Administrative Fee)) $286.90 X 110% = $315.59 TEN MILE WATERLINE LATECOMERS AGREEMENT EXHIBIT C ~ CONT. REIMBURSEMENT SCHEDULE: The developer paid the costs of installing the sewer line. The Latecomer fee paid by each parcel, or portion thereof, who connects to the subject sewer line will be paid per the above agreement. The fees assessed to each latecomer shall be adjusted annually on October 1st, at an annual percentage rate of 6%. The latecomer fees shall be: Effective Date October 1, 2003 October 1,2004 October 1, 2005 October 1,2006 October 1, 2007 October 1, 2008 October 1, 2009 October 1, 2010 October 1,2011 October 1, 2012 October 2,2013 Latecomer Fee per ERU $315.59 $334.53 $347.91 $361.83 $376.30 $391.35 $407.00 $423.28 $440.22 $457.82 $476.14 TEN MILE WATERLINE LATECOMERS AGREEMENT January 7, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 11, 2005 ITEM NO. 5~D REQUEST Change Order No.4 for Headworks Expansion Project - Contractor's Northwest, Inc. for $3.500.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT; CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT; ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH; NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER; See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED JAN .. 5 2005 Memo City of Meridian City em-Ie Office To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer cc: Brad Watson, Public Works Director Date: 1/4/2005 Re: Proposed Agenda Item for January 11, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 11 City Council agenda, under Consent Agenda, for Council's consideration: Chanqe Order No. 4 for the Headworks Expansion Proiect. Additional work is required for the completion of the Headworks Expansion Project. This change order consists of resolving Proposed Change Order (PCO) Z that includes miscellaneous handrails, steps, and safety chains. Contractors Northwest, Inc. submitted a cost for this change order as summarized below: . Contractors Northwest, Inc. $3,500.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No, 4 for the Headworks Expansion Project with Contractors Northwest, Inc, for $3,500,00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 CHANGE ORDER NO.4 PROJECT: City of Meridian WWTP, Headworks Expansion Project DATE OF ISSUANCE: December 20, 2004 EFFECTIVE DATE: January 12, 2004 OWNER: City of Meridian CONTRACTOR: CONTRACTORS NORTHWEST INC., ENGINEER: Carollo Engineers You are directed to make the following changes in the Contract Documents. 1. ModifY Handrail and Miscellaneous Structural Aluminum as detailed in Work Change Directive No. 013. 2. Add caution signs on the Screw Pump covers. 3. Install safety chains in front of the Step Screens. Reason for Change Order: Additional unforeseen field conditions not anticipated in design. Attachments: PCO-Z from CNI dated December 20, 2004, for $3,500. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 330 Davs - November 28. 2004 $ 892,046.00 Ready for final payment: 360 Davs - December 28, 2004 days or dales Net Changes from previous Change Orders No. I to No.3 Net Changes from previous Change Orders No. ~ to No. .1 $ 87,926.00 15 work days (21 calendar days) Days Contract Price prior to this Change Ordcr Contract Times prior to this Change ordcr Substantial Completion: 351 Davs - December 19. 2004 $ 979,972.00 Rcady for final payment: 381 Days - January 18, 2005 days or dates Net Increase (decreasc ofthis Change Order) Net Increase (decrease of this Change Order) $ 3500.00 0 days Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: 351 Davs - December 19. 2004 $ 983.472.00 Ready for final payment: 381 Days - January 18,2005 days or dates RECOMMENDED BY ENGINEER: ACCEPTED BY CONTRACTOR: By: By: William J. Benko, P.E. Contractor (Authorized Signature) Date: Date: APPROVED BY OWNER: Brad Watson, P.E., Public Works Tammy de Weerd, Mayor Attest: William G. Berg, Jr., City Clerk Date: Date: Date: January 7,2005 MERIDIAN CITY COUNCil MEETING APPLICANT January 11, 2005 ITEM NO. 5-E REQUEST Idaho Power Relocation of Facilities to Accommodate Park changes for Storey Park Phase II Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETflERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Em ailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo To: CC: From: Date: Re: ~"i: ;;, /: t ? /^:,:' ;'::,J:t0l'" ~:~~~~;,J}~;~*'B%./~ ~v,~'0::3~) '~~J0r;~,? "~,"?5~ ?~(~ :~ 'yi~<' f ;, r,,"; '>,~ ~ /:"d .' 7, fV1",' 'a':'l<' 'f?''''Y:'fK; ;"S'&""IR' 'r;"ss/"""C;'ti,,';!A""'" >:;:"",f, ""/". " '; T ,;;r" en lan, a s; , ecrea 0' 'ni,.; "",';;;<',,',,", ';." ~; .:f~.:' :~~.,. ~ 1 < 1""~~<;? <'<'1 <:;'-'"? " , -i", , ,t,'ii,< ~~~t~;tJ~~;~'i~;,H~il~li~~ff~lt~~~',;"~f'::;~ '.~{r::: "::, ~ ':;.1::' JAN - 4 2005 W'II 8 City of Meridian I erg City Clerk Office Mayor and City Council )-t;;:r.A ~ Doug Strong /S)utt'7'dvvvr-~ January 3) 2005 U Storey Park Phase II Idaho Power's Relocation of Facilities to Accommodate Park Changes The Parks and Recreation Department respectfully requests the following item to be placed on the January 11) 2005 City Council agenda, under Consent Agenda, for Council's approval: Idaho Powers relocation of facillties to accommodate park changes which includes engineering charges, the removal and relocation of power poles) removal and replacement of service riser, install secondary service riser, remove existing vault, attach new T service conduit to existing 3" conduit, and install new service. Recommended Council Action: The Parks and Recreation Department recommends that the City Council approve the costs for Idaho Power's relocation or removal with no new power load and engineering charges for Storey Park Phase II construction for $17,353.00, with the possibility of $3000.00 refund for unusual conditions which is built into the total amount and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding the above item. ~~ .,~ Bi~~R At~i'~'5!~(:i~~i~.;.c~~(i~~~:~;:;v' ...~_..-..._.. In Account With CITY OF MERIDIAN PARKS & REC 11 W. BOWER ST. MERIDIAN, IDAHO 83642 Date 12/13/04 WORK ORDER DESIGN # 27177152 In accordance with your request: RELOCATION OF FACILITIES TO ACCOMMODATE PARK CHANGES Line Location: STOREY PARK Cost of project Less allowance Unusual Condo Additional Engineering fees Misc. charges 14,281 3,000 72 Amount to be paid and received prior to job being scheduled for construction: Quote good for sixty days (60) days. $ 17,353 m m IKJ IKJ Please remit payment Please return signed and dated Service Request and Customer Cost document. (attached) Please return signed and dated Work Order Map. Other Comments: UNUSUAL COND ARE FOR EXTRA COSTS AND ARE SUBJECT TO REFUND Work order will not be released for scheduling for construction until payment and I or requested documents are signed & returned PLEASE REMIT PAYMENT TO: Idaho Power Company GLEN BAFUS 10790 FRANKLIN RD. BOISE, IDAHO 83709 Any questions please telephone: GLEN 388-2041 IDAHO POWER Idaho Power Company Service Request Page: I Date: 12/1 312004 An IDACORP Company Service Request Number: 00150765 MERIDIAN PARKS & REC-STOREY PARK RELOCATION Work Order Number: 27177152 Request Type: CS Rate 8ch: Reply By: Eng Fee Amount: $360.00 Eng Fee Service Agreement No: 934 SA 9353533017 Eng Fee Service Agreement Date: 8/4/04 PB Customer No: Feeder: MRDN14A Service Location: 0 STOREY PARK MERIDIAN, ID 83642 Required in Service Date:7/1S/2004 Planning Center/Team: MERIDIAN Contact Detail: 252R CITY OF MERIDIAN -PARKS & REC 11 WEST BOWER ST" MERIDIAN ID 83642 371-1755 CUST ELROY HUFF 371-1755 " Attribute Information RES/COM Service Voltage: No. Of Phases: KW Motor Load: Largest Motor: 1 Phase KW Demand: 3 Phase KW Demand: Connected KW Load: Commercial Deposit Amount: No. of Meters: Mtr. Loc; Ct Loc: Primary OH/UG: Service OH/UG: Srv. Owner: Panel Amp Size: Notes RELOCA TE IPeo FACILITIES TO ACCOMMODATE STOREY PARK CHANGES ELROY HUFF CITY OF MERIDIAN PARKS & REC 371-1755 I understand that the information provided above is accurate to the best of my knowledge. Changes to load; voltage; location; etc.m result in additional engineering charges. Client Signature Date Facility Rep. Signature Date 311JAHO POWER .Ar,.'riiACQ"i;'p.C.orl1.pa{iy................. .. CUSTOMER COSTS - IDAHO Project or Customer Design # Work Order # CITY OF MERIDIAN 41565 27177152 1. Line Installation/Upgrade Costs ............................................................................1 $ - I 2. Company Betterment ............................................................1$.......... ........>1 3. Line Installation Allowances a. Customer Cash Allowance or Salvage Credit........1 $ -I b. Terminal Facilities Allowance ............................... $ _ c. TOTAL ALLOWANCES (Lines 3a + 3b) ......................................................1$. '<~I 4. LIne InstallatIon Credit (Customer Provided Trench) ........................................ I $ _ I 5. Net Construction Cost (1-2-3c-4) ........................................................................................................................ 6. Vested Interest Paid to Previous Applicant (NSR) (Rule H, Option2) (Paid to WO#) 0 7. Vested Interest Paid to Previous Applicant (Rule H. Opt/ont) (Paid to WO#) 0 8. Unusual CondItions ..................................... ...... ............................................. ........................ ........................ 9. Net Amounts for Refund Distributions a. Customer Payment for Une Installation (80%or Customer Payment, ) ...................................1 $ ~ I b. Customer Payment Inside Residential Sub ........................................................................ $ . (Smaller amount 0(# of Lots x $800 or Customer Payment,) c. Vested interest Payment (Rule H after 2-26-97 Option 1) ............................................~ $ _ I (line 7 - 20'10 ot original Appllcanrs Line Insta lIa1l0n Cost - see Applicants A's Cost} d. a TOTAL AMOUNT AVAILABLE FOR R~FUND (L:e 8+9a+9b+9c) ................................1 $ 3,000 I 10.20 Yo or Excess Investment (NSR) ( Lme 5 + 6 7+ 8 - 9d) ................................... $ _ . 11. T~mporary LIne In~tarration I Up&Down (NSR)................................................. ............................i......:................j $ 12. Right of Way Permits (NSR) ........................... ..................... ...... ............... .1$.......IPald . $ 13. Engineering Charges(NSR) ($36 per Hour) ~: :~:t~~~~n:~~;~~~r~n~~~:;:e'~' .......::: .......:: .....:: :..... ..:::............:...:::.......:::.......:::.....:::...: :::.....:::::.......:::.......::.....:~..~........ ..'....~~.:-.! ~.~~~.............. . .~ $ 14. Underground Service Attachment Charge (NSR) a. Base Charge ($30 Base or $255 if Riser is Needed) ...........................................................8. - b. IPCo provided :rrench (Trench Footage x $5.05) ............................................................... $ _ c. Customer prOVided Trench - (Trench Footage x $1.05) ........"......................."........... $ _ e. TOTAL UNDERGROUND SERVICE ATTACHMENT CHARGES (a+b+c+d) ......................................................................1 $ 15. Temporary Service Charge (NSR) (Overhead $120, Underground $140) ... ............ ......... ...... ...... ............ ......... ...... ..... 1$)' ')?<IPaid I $ 16. Relocation Charges (NSR) a. Relocation or removal with new load. ................................... ........... ................. ............................................ b. Relocation or removal with NO new load. ...................................................................... ... '" ......... ... ... ... '" ... ........... c. Salvage Credil on Relocation or Removal......... .............................................................................. ....n....... 17. Other Charges ..........................."..... .......1. ~ $ - $ - $ - $ 3,000 ~ !unpaid 721 - 1 - IUnpaid $ - $ 14,281 $ - $ - 18. Idaho Power Co. ContributIon (Lines 2 + 3c) ........................I$.PI 19. Prepaid Customer Charges (Lines 13+14+16) ......................................................1$>)3661 20. Total Customer Payment Due (Lines 5+6+7+8+9d+11+12+13b+14e+15+16a+16b+17) ....................................1 $ ~ NSR - Not Subject to Refund Comments 17,353 I Notice: This written quotation shall be binding on the Company for a period of sixty days (60) from the date below indicated, subject to changes in information provided by the Customer or changes in the Company's ability to obtain satisfactory rights-of-way or to comply with governmental regulations, including but not limited to the rules, regulations, and tariffs of the Idaho Public Utilities Commission. The Customer must ~h~'~f,t4~tl'N. . make payment of the quote amount not less than thirty (30)days prior to the start of construction, but the Company does not represent. ". ~ construction will commence within 30 days of receipt of payment. The start of construction will be subject to the Company's ability t ,- - the necessary labor, materials and equipment. Quotation ate i ... I-I/-ot FRANKLIN RD ;J ..:> . .'-' NOTE' CUSTOMER TO PROVIDE NECESSARY STAKING IRRIGA llON INFO ELROY HUFF 371-1755 CITY OF MERIDIAN - PARKS & REC ~......_-_..... S UNDERGROUND SECONDARY/SER~CE NOTES i------ ~1) if --------- ?J' o STOREY CABLE CABLE SIZE LENGTH POLE - PUMP 4SR10 220' POLE - POOL 4SR40 125' POLE #8 - POLE #9 3SC10 205' I I REMOVE 1/2QX-S #1-#3, REMOVE 4SRlO #3-#4 STATION TRENCH CONDUIT CONDUIT LENGTH SIZE LENGTH 125' 3" 125' 85' 3" 85' 125' 2" 125' NOTES; EXISTING POLE . REMOVE POLE 0 INSTALL POLE 0 REMOVE SERVICE RISER *' INSTALL SECONDARY/SERVICE SERVICE -...... OVERHEAD SECONDARY u - -- n TRANSFER REMOVE VAULT $ UNDERGROUND SECONDARY u_____ i( I ~ L' 2 0 \ ~ 0 1112A \ I REMOVE - 1/6 OX ~T ALL 3SC10 IN 2" ~ NI~ S AIIJib,: II~- ______ S B~ --- rf:,o I RISER "V I I pr6 I I I I ELOCA TE LITE POLE 17' NORTHEAST HPS 7' BEHIND CURB 00 ATTACH NEW 3" SERVICE CONDUIT TO 3111 A EXISTING 3" CONDUIT AT #3 INSTALL NEW SERVICE #2-#4 ( PUMP) / I INSTALL - 1/6 OX 135' ~ RELOCATE LITE POLE 16' EAST \ 7' BEHIND CURB TRANSFER - 1/6 OX 7 ----:::;. RELOCATE LITE POLE ltf-. 7' BEHIND CURB HPS 200 03111 A Designer; I" . -[ ,-- "~'I- ..-.--->-- .o~ ._; Job Title. MERIDIAN PARKS & REC-STOREY PARK RELOCATION Additional Description. RELOCATE FACILITIES Additional Descriplion. Quo Twn 1 03N State 10 Surveyed or GPS: GPS Joint Use Attachments: Yes Mer Pre-Built Date: 8M Built os Designed: Construction Dole: Operotin Volta e: 12.5 kV Fdr By: Dote: ArcFM By: Design No: 0000041565 Dote: Work Order No: 27177152 IDAHO POWER CO. WORK ORDER MAP SCALE: 1 "= 1 00 Sheet ~ Of ~ R An IOACORP company Unusual Conditions Acknowledgement Unusual Conditions are construction conditions not normally encountered. These conditions may include, but are not limited to: frost, landscape replacement, road compaction, pavement replacement, chip-sealing, rock digging, boring, nonstandard facilities or construction practices, and other than available voltage requirements. I have read and understand the above definition of Unusual Conditions as set forth in Idaho Power Company's Line Installation tariff, Rule H. I further understand that Idaho Power Company will determine the type and extent of the Unusual Conditions encountered. Unusual Conditions charged for on the Customer Cost Sheet, but not encountered, will be refunded to the Customer by Idaho Pow~r Company after the completion of construction. Signed: Customer Signature 4~V'~ 6:/ C'.fy ro ** TX RMATION REPORT ~ mDE EC--S EC-S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S (;3--S EC--S EC--S EC-S G3--S EC--S EC--S EC--S EC--S AS OF JAN 12 '135 CITY OF MERIDIAN .;1 PAuE. 01 MIWSEC PGS 01'28" 005 01 ' 31" mas 01' 29" 0as 01'32" 13135 01'29" 1305 01'28" BB5 01'52" 1305 01'27" 1305 01'28" 005 01'28" eas 131'28" 13135 01'52" 0ElS 01'25" 13a5 01'26" eElS 131'25" 1305 133' 132" 1305 01'28" 0a5 01' 28" 1)05 01' 28" 1305 1)2'27" 005 CITY OF MERIDIAN CMOll 072 1)72 0'72 1)12 1)12 1372 072 1372 072 072 072 072 072 1372 072 an 1372 072 072 1372 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK 131 a2 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 21 PATE TIME TO/FROM 01/1208:16 PUBLIC WORKS 131/12138:18 120846644135 01/12 08:20 8841159 131/12 1)8:22 2088841)744 01/12 08:24 POLICE DEFT 131/12 1)8:26 698551)1 1)1/12 08:28 LIBRARY 131/12 1)8:31 92083776449 131/12 08:32 3886924 131/12 1)8:35 2es8886B54 01/12 08:37 208 895 03913 131/12 1)8:39 128313004\3 01/12 08:41 2138 387 6393 01/12 138:43 ADA CTY DEUELMT 131/12 138:45 88851352 131/12 08:47 CHERRY LANE 01/12 0S:51 IDAHO ATHLETtc C 01/12 88:53 [D PRESS TRIBUNE 1)1/12 138:55 21388886701 81/12 09:04 38113160 CITY COUNCIL REGULAR MEETING AGENDA 1. Roll-call Attendance: -.L Shaun Wardle ~ Christine Donnell =:K: Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd Tuesday, January 11, 2005, at 7;00 p.m. City Council Chamben; 2. Pledge of Allegiance: T,lerNifrqV-lhqJcotd-TH:Jpp /14- 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: prese-;ft..a.. 4. Adoption ofthe Agenda; a'l^r~~ aJ ctJne~ 5. Consent Agenda: A. Approve Minutes of December 14, 2004 Pre-Council Meeting Minutes; ~II'<--- B. Findings of Fact and Conclusions of Law for Approval: RZ 04- 012 Requestfor a Rezone of 3.74 acres from I-L & C-G zones to aU C-G zone for Ravmond Estates by Ronald Van Auker - NEC of East Franklin Road and North Gaudians Avenue: apjJ"n>~ C. Latecomers Agreement for Ten Mile Water line Extension by Lochsa Falls, LLC: ~v-<- D. Chanae Order No. 4 for Headworks Expansion Proiect Contractor's Northwest, Inc. for $3,500.00: P?PI"<- E. Idaho Power Relocation of Facilities to Accommodate Park chanaes for Storey Park Phase II Construction: ~~ F. Award of Bid for Black Cat Lift Station to JC Constructors, Inc. for $2,565,000,00: f"-eh'VPV< ~ If.d~ Meridian City Council Agenda - January 11. 2005 Page 1 of 4 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please conlact the City Clerk's Office at 888-4433 at laast 48 hours prior to the public meeling. JanUary 7, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 11 ( 2005 ITEM NO. 5-f REQUEST Award of Bid for Black Cat Lift Station to JC Constructors, Inc. for $2,565,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached {k iVr FO (f/~ Contacted: EmaiJed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED JAN - 6 2005 City of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer cc: Brad Watson, Public Works Director Date: 01/06/2005 Re: Proposed Agenda Item for January 11, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the January 11 City Council agenda, under Consent Agenda, for Council's consideration: Black Cat lift Station. Four bids were received for this project as summarized below and detailed in the attached spreadsheet: . JC Constructors, Inc Masco, Inc Concrete Placing RSCI $2,565,000.00 $2,749,700.00 $2,769,000.00 $3,215,478.00 . . . The Project consists of construction of a site built, cast-in-place concrete sewage lift station, building, site excavation, shoring, dewatering, yard piping, exposed interior piping, fittings, valving, three(3) dry-pit non-clog centrifugal sewage pumps and related mechanical components, bridge crane, traveling hoists, electrical and HVAC mechanical systems, site improvements, landscaping, fencing, surfacing, and other related and miscellaneous work. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Black Cat Lift Station with JC Constructors, fnc, fnc for $2,565,000.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 c o ~ III - en ~ ...J - III o ~ Co) III in .;:..; Co) (l,l 'e- D.. a 0: co (3 l"- X X X "'"- en 1.0 0:: T- "!. (") fFJ. Cl r:: a '(3: 0: III a c:: a (l,l X >< >< a. - 0) 2! (!) 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V) N ~ M'- ~( ~ \.l ~' ~ ~ ...... t"... ~ \ \ \ ~...... ~ ~ \'- ~ C'\l..... 0\ -:i ~ ~ ~ ~ ~ " \ \ \ ~'- ~ \J ~ "V '" ~ N..... i C)\ ~ ~ . ~ ~ \ \ ~ ~ \ In- ~ ~ ~ - ~ "C (l,l C >-.~ "C ;:en Q) .s::: Q)"t:! Co) c.r:: III E III - 1Il- ~ - D.."C E"C c - Q) "C 2! :::s 1Il- :::s ,_ 0 C "C :::s ... Ul~ 0 C 0" ~ (l,l o C. "C C.E m (l,l (l,l "C E 0 "C "Co:: "C co 00 "C.... 00 D..O <t::::. ... (l,l "C :'5! m "C (l,l C >..~ 1: en (l,l"C C.c E III D.."C - Q) 1Il- 1Il~ o c. C.E E 0 D..O "C (l,l .s::: Co) III ~ "C C o m :'5! m 1Il- E"g :::s .!:: "C :::s C 0" Q) (l,l "Co:: "C.... <t:.:::.. - C :::s o ~ :'5! m January 7, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 11, 2005 ITEM NO, 5-G REQUEST Award of Bid for WWTP Supply of Backup Power System and Procurement to Western States for $308.732,60 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERiDIAN POST OFFICE: OTHER: See attached ~~vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. . " ,,~'.~ ~ ~? ~ ~..:'?f , " "" , City of Meridian ,: Public V\lorks i)ept. , ': RECEIVED JAN - 6 2005 Mem City of Meridian City Clerk Office To: William Berg, Jr. From: Lenard Grady CC: Date: 1/6/2005 Re: Proposed Agenda Items for January 11, 2005 City Council Meeting The Public Works Department respectfully requests the following item{s) be placed on the January 11 City Council consent agenda: Desiqn of Waterline Crossing of Meridian Road on Victory: Attached is an agreement with JUS for design of approximately 2,500' of water line crossing Meridian Road. The contract is for design, easements, bid preparation, and construction services. Total contract amount is $35,104.00 Recommended Council Action: The Public Works Department recommends that City Council approves the Joint Services Agreement with ACAD for construction of Locust Grove South and authorize the Mayor to sign it. Well 25 Pumpinq Facilities Chanqe Order #1 - Irminqer Construction: Attached is Change Order #1 for addition work required at Well 25 (Victory Eagle area). Additional pavement accounts for half of the change order with other miscellaneous items such as deepening and enhancing the storm drain accounting for the rest. The Net change order is $4,881.52 bringing the total construction cost to $256,395.52. Recommended Council Action: The Public Works Department recommends that City Council approves the Joint Services Agreement with ACAD for construction of Locust Grove South and authorize the Mayor to sign it. ~ Award of WWTP Supply of Backup Power System and Procurement. Four bids were received for the supply of backup power and switchgear at the WWTP as summarized below: From the desk of. ., Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 .. Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancity.org . Western States Smith Detroit EC Power Cummins $308,732.60 <= Apparent Low Bid $331,385.60 $459,364.00 $461,731.00 . . . Western States will be supping CAT gensets with Applied Power switchgear. The contract with Western States is for supply and commissioning of equipment only. Building design and bid will now be finalized based on the CAT system and will go for bid shortly. Recommended Council Action: The Public Works Department recommends that City Council approves the equipment purchase known as uWWTP standby Power System Procurement" from Western states for $308,732.60 and authorize the Mayor to sign it. . Page 2 !... ~ ~ ~ ~ ~ Cl c '2 .;:..; 4) Co) 0- Q) 0 '2' ""C D.. iii I ~\ \ ~ 1 -......: ~ j a ~ ~ ................ 't) ~ 'v { <::)\ ~ ~ ~ ~ \ ~ ~ \ ~ ~ ~ ~ ~ ~ 'J (t i . c; ~ ~ ~ ~ \ ~ ~ ~...... ~ ~ ~ ~ ~ lr\ A \ ~ ~ ~ ~ - "'""- ..... ~ ~ ~ "C (l.l c >.,9'1 ""C 1: en Q) J: Q)"C Co) O-c III E ns ~ l/)- - D.."C E"C c _ (l.l "C ~ :::s ns- ::2 .- 0 c "C :::s ... l/l~ 0 C 0" .l Q) o C. "C c.e m (l.l (l.l "C e 0 "C "Co:: "C iii jjj "C.... iii D..O <(c :!: D.. o o M 10 o - It) - ~ ... Q) "C "C iii "C (l.l c >.,2' ;::(J) Q)"C O-c e III D.."C _ (l.l 1Il- l/l~ o 0.. O-E 2 0 D..O "C 4) .r:: Co) III i "C c o co "C m l/l- e-g :::s .!:::: "C ::2 C 0" (l.l cP "C~ "C.... <(c - c :::s o ~ :'5! m ( January 7, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 11, 2005 ITEM NO. 5~' REQUEST Design of Waterline Crossing of Meridian Road and Victory AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DE?T: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian, City of Meridian Public Works Dept. RECEIVED JAN - 6 2005 Memo City of Meridian City Clerk Office To: William Berg, Jr. From: Lenard Grady CC: Date: 1/6/2005 Re: Proposed Agenda Items for January 11, 2005 City Council Meeting ~ The Public Works Department respectfully requests the following item{s) be placed on the January 11 City Council consent agenda: Design of Waterline Crossinq of Meridian Road on Victory: Attached is an agreement with JUB for design of approximately 2,500' of water Hne crossing Meridian Road. The contract is for design, easements, bid preparation, and construction services. Total contract amount is $35,104.00 Recommended Council Action: The Public Works Department recommends that City Council approves the Joint Services Agreement with ACAD for construction of Locust Grove South and authorize the Mayor to sign it. Well 25 Pumpinp Facilities Chanqe Order #1 - lrminqer Construction: Attached is Change Order #1 for addition work required at Well 25 (Victory Eagle area). Additional pavement accounts for half of the change order with other miscellaneous items such as deepening and enhancing the storm drain accounting for the rest. The Net change order is $4,881.52 bringing the total construction cost to $256,395.52. Recommended Council Action: The Public Works Department recommends that City Council approves the Joint Services Agreement with ACAD for construction of locust Grove South and authorize the Mayor to sign it. Award of WWTP Supplv of Backup Power System and Procurement. Four bids were received for the supply of backup power and switchgear at the WWTP as summarized below: From the desk of... Lenard Grady Staff Engineer . Meridian Public Works Department 660 E. Waterlower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridillJ1city.org . Western States Smith Detroit EC Power Cummins $308,732.60 <= Apparent Low Bid $331,385.60 $459,364,00 $461,731.00 . . . Western States will be supping CAT gensets with Applied Power switchgear, The contract with Western States is for supply and commissioning of equipment only. Building design and bid will now be finalized based on the CAT system and will go for bid shortly. Recommended Councif Action: The Public Works Department recommends that City Council approves the equipment purchase known as "WWTP standby Power System Procurement" from Western states for $308,732.60 and authorize the Mayor to sign it. e Page 2 ~ r-J.U.B ~ ~ J-U-B ENGINEERS, Inc. ENGINEERS. SURVEYORS. ~LA.NNER.s J-U-B ;ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES SF330 Code PM Initials 115 PHK J-U-B Project No.: 10-04-143 THIS AGREEMENT entered into this _ day. of _ 20----, between the City of Meridian, hereinafter referred to as the "CLIENT" and J-U-B ENGINEERS, Inc., an Idaho Corporation of Boise, Idaho, hereinafter referred to as "J-U-B". WITNESSETH: WHEREAS the CLIENT intends to: construct a water main along Victory Road as described in Attachment 'A'. hereinafter referred to as the "Project; NOW, THEREFORE, the CLIENT and J-U-B, in consideration oftheir mutual covenants herein, agree as setforth below: MUTUAL RESPONSIBILITIES: This Agreement is based upon a mutual obligation of good faith and fair dealing between the parties in its performance and enforcement. Accordingly, the CLIENT and J-U-B, with a positive commitment to honesty and integrity, agree that each will assist in the other's performance; that each will avoid hindering the other's performance; that each will work diligenUyto fulfill its obligations; and that each will cooperate in the common endeavor of the Agreement. '" CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to J-U-B all criteria and full information as to CLIENT's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards, rules and laws which CLIENT or others will require to be included in the drawings and specifications upon which J-U-B can rely for completeness and accuracy. The CLIENT will furnish to J-U-B all data, documents, and other items in CLIENTs possession, or reasonably obtainable by CLIENT, including, without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property descriptions; zoning, deed and other land use restrictions, rules and laws; and other special data or consultations, all of which J-U-B may use and rely upon in performing Services under this Agreement. The CLIENT shall designate a representative with authority to bind the CLIENT. The CLIENT will obtain, arrange and pay for all advertisements for bids, permits and licenses required by local, state, province or federal authorities, and all land, easement, rights-of-ways and access necessary for J-U-B's Services and Project construction. In addition, the CLIENT will furnish to J-U-B: Those items listed in Section 2. Attachment 'A', PROJECT REPRESENTATIVES The ell ENT and J-U- B hereby designate their authorized representatives to act on their behalf with respectto the services and responsibilities under this Agreement. The following designated representatives are authorized to receive notices, transmit information and make decisions regarding the Project on behalf of their respective parties, except as expressly limited here in. Th ese representatives are not authorized to alter or modify the terms and conditions of this Agreement. For the CLIENT: 1. Name Len Grady Work telephone (208) 898-5500 Home telephone Address Meridian Public Works 660 E. Watertower, 2nd Floor Meridian, JD 83642 Special proviSions or limitations: FAX telephone E-mail address (208) 898-9551 gradyleci,meridian,id,us For J-U-B: 1. Name Phillip H. Krichbaum, P.E, Work telephone (208) 376-7330 Home telephone Address J-U-B ENGINEERS, Inc. 250 S. Beechwood Avenue #201 Boise, 10 83709 Special provisions or limitations: FAX telephone E-mail address (208) 323-9336 phk@jub,com Page 1 of4 In the event any changes are madi. . .1e authorized representatives or other informatiol~ od above, the CLIENT and J-U-B agree to furnish each other timely, written notice of such changes. ... SERVICES TO BE PERFORMED BY J-U-B ("Services") J-U.-B will complete those items listed in Sections 3 throuah 7 of Attachment 'A'. J-U-B assumes no responsibility to perform services not listed. Services which J-U-B performs at the request or acquiescence of the CUENT that are not listed are "Additional Services". SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said Services as follows: In a timelv manner. This schedule shall be equitably adjusted as the Project progresses. allowing for changes in scope, character or size of the Project requested by the CLIENT or for delays or other causes beyond J-U-B's control. BASIS OF FEE The CLIENT will pay J-U-B for their Services and reimbursable expenses as follows: As listed in Section 8 of Attachment 'A'. The CLIENT will pay J-U-B for all Additional Services on a time and materials basis. File Folder Title: Meridian, City of. Victory Road Waterline Remarks: The Notice to Proceed, by the CLIENT, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE ATTACHED SHEET, ARE PART OF THIS AGREEMENT, THE CLIENT AGREES TO SAID TERMS AND CONDITIONS, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: J.U-B: 250 South Beechwood Avenue, Suite 201 STREET City of Meridian NAME 33 East Idaho Street STREET Meridian, ro 83642 CITY lSTATE1ZIP CODE BY (Signature) Tammy de Weerd, Mayor NAME 1 TITLE Phillip H, Krichbaum, P _E" Project Manager NAME I TITLE BY (Signature) NAME I TITLE DISTRIBUTION: White' Corporale; Yellow. Office; Pink. Project; Goldenrod. Client REV: 11/8104 Page 201 4 J~U~B ENGINEERS, Inc, TERMS AND CONDITIONS GENERAL J-UcS shall provide for the CLIENT professional Services as set forth herein. The Services will be performed in accordance with generally accepted professional practices for the intended use of the Project. J-U-B MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED. The CLIENT acknowledges and agrees that legal requirements governing the Project may be subject to various and possibly contradictory interpretations; and, J-U-B will therefore use its reasonable professional efforts and judgment to interpret such requirements. J-U-B shall not be responsible for acts or omissions of any party involved in the Project other than their own, including but not limited to failure of a third party to follow J-U-B's recommendations; the means, methods, techniques, sequences or procedures of construction selected by CLIENT or thi rd parties; safety programs and precautions selected by th ird parties; com pliance with laws, rules, regulations, ordinances, codes, orders or authority by CLIENT and third parties; and any contact or action of the CLIENT or others with third parties. CLIENT therefore indemnifies and holds J-U-B harmless from the actions and omissions of CLIENT and third parties involved in the Project. J-U-S shall not be required to sign any documents, no matter by whom requested, that would result in J-U-B's having to certify, guarantee or warrantthe existence of conditions whose existence J-U-S cannot ascertain. The CLIENT also agrees notto make resolution of any dispute with J-U-B or payment of any amount due to J-U-B in any way contingent upon J-U-B signing any such certification. I n soil investigatio n work and in determin ing subsurface conditions for the Project, the characteristics may vary greatly between successive test points and sample intervals. J-U-B wlll coordinate this work in accordance with generally accepted practice of the professional Services being provided and makes NO OTHER WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advice furnished by others. Resetting of survey and/or construction stakes shall constitute Additional Services. CONSTRUCTION PHASE SERVICES Unless otherwise agreed, J-U-B's Services under this Agreement will be considered to be complete and final upon completion of the Services described herein. Unless otherwise agreed, it is understood and agreed thatJ-U-B's Services under this Agreement do not include Project observation, review of the contractor's performance, or any other construction phase services, and the CLIENT assumes all responsibility for interpretation of the docum ents associated with the Project and for construction observation or review, and indem nifies J-U-B from and waives any claims against J-U-B that may be in any way connected thereto or arise therefrom. It is further understood and agreed that J-U-B does not have control over, and neither the professional activities of J-U-B nor the presence of J-U-B at the Project site shall give J-U-B control over contractor(s) work nor shall J-U-B have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident to the work of the contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing and performing their work or providing any health and safety precautions required by any regulatory agencies. Accordingly, J-U-B can neither guarantee the performance of the construction contracts by contractor(s) nor assume responsibility of contactor(s) failure to furnish and perform their work in accordance with the contract documents. The CLIENT agrees that the general contractor shall be solely responsible for jobsite safety, and warrants thatthis intent shall be carried out in the CLIENT's contract with the general contractor. The CLI ENT also agrees that the CLI ENT, J-U-B and J-U-B's subconsultants shall be indemnified by the general contractor in the event of general contractor's failure to assure jobsite safety and shall be made additional insureds under the general contractor's policies of general liability insurance. OPINIONS OF COST Since J-U-B has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of determining prices, or over competitive bidding or market conditions, J-U-B's opinions of probable total Project costs and construction, if any, are to be made on the basis of J.U-S's experience and qualifications, and representJ-U-B's best jUdgment as an experienced and qualified professional engineer, familiar with the construction industry; but J-U-B cannot and does not guarantee that proposals, bids or actual total project or construction costs will not vary from opinions of probable cost prepared by J-U-B. If the CLIENT wishes greater assurance as to total project or construction costs, CLIENT shall employ an independent cost estimator. J-U-B's services to modify the Project to bring the construction costs within any limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT. REUSE OF DOCUMENTS All documents and magnetic media and other communication or information formats ("Documents"), prepared or furnished by J-U-B pursuantto this Agreement are instruments of service with respect to the Project and shall remain the property of J-U-B whether or not the Project is completed. Although CLIENT may make and retain copies of Documents for information and reference in connection with use on the Project by CLIENT, J-U-B shall retain all common law, statutory and other reserved rights, including the copyright thereto, and the same shall not be reused without J-U-B's written consent. Any reuse without written consent by J-U-B, or without verification or adoption by J-U-B for the specifiC purpose intended by the reuse, will be at CLIENT's sole risk and without liability or legal exposure to J-U-B. The CLIENT shall indemnify and hold J-U-B harmless from any claims, damages, losses and expenses arising out of or resulting from such reuse. Copies of Documents that may be relied upon by CLIENT are limited to the printed copies (also know as hard copies) that are signed or sealed by J-U-B. Files in electronic media format of text, data, graphics, or of other types that are furnished by J-U-B to CLIENT are only for convenience of CLIENT. Any conclusion or information obtained or derived from such electronic fifes will be at the user's sole risk. ' Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the CLIENT agrees that it will perform acceptance tests or procedures within 60 days, after which the CLIENT shall be deemed to have accepted the data th us transferred. Any errors detected with in the 60-day acceptance period will be corrected by J-U-B. J-U-B shall not be responsible to maintain documents stored in electronic media format after acceptance by CLIENT. When transferring documents in electronic media format, J-U-B makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by J-U-B at the beginning of this Project. TIMES OF PAYMENTS J-U-B shall submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment in full within ten (10) days after receipt of J-U-S's statement, the amounts due J-U-B will accrue interest atthe rate of 1% per month from said tenth day. If the CLJENTfails to make payments when due or otherwise is in breach of this Agreement, J-U-B may suspend performance of Services upon five (5) days notice to the CLIENT. J-U-B shall have no liabilitywhatsoeverto the CLIENT for any costs or damages as a result of such suspension caused by any breach of the Agreement by the CLIENT. Upon cure of breach or payment in full by the CLIENT within thirty (30) days of the date breach occurred or payment is due, J-U-B shall resume Services under the Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for J-U-S to resume performance. If the CLlENTfails to make payment as provided herein within thirty (30) days after suspension of Services, such failure shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by J-U-B. Page 3 of 4 ( TERMINATION . The abligatian to. provide further Services under the Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial fail ure by the other party to perform in accordance with the terms hereof through no fauit of the term inating party. [f this Agreement is terminated by either party, J-U-B will be paid for Services rendered and for expenses incurred to the date of such termination, plus an allowance for demobilization costs as determined by J-U-B. Such demobilization costs shall be the cost and expense J-U-B incurs in withdrawing its labor and resources from the Project, and obtaining and engaging in a new project with the labor and resources withdrawn from the Project. RISK ALLOCATION The CLIENT is aware of the risks, rewards, and benefits of the Project and J-U-B's total fee for services. The rjsks are hereby allocated such that the CLIENT agrees that, to the fullest extent permitted by law, the total combined liability of J-U-B, its agents, employees, and insurers, to the CLIENT, directly or through third parties for all injuries, claims, expenses, costs and fees, damages or claims af expenses arising out of this Agreement from any cause, shall not exceed the amount of J-U-B's fees, as of the date of this Agreement. Such causes include, but are not limited to, J-U-B:s neg Ilgence, errors, amiss ions, strict liability, and breach of this Agreem ent. I n no event shall J-U-B be liable for any incid ental, indirect or conseq uential damages. The Client agrees that J-U-B is not responsible for damages arising directly or indirectly from any delays for causes beyond J-U-B's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency or otherthird party to. actin a timely manner; failure of . performance by the CLIENT or the CLIENT's contractors or consultants; or discovery of any hazardous substance or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by J-U-B to perform its services in an orderly and efficient manner, J-U-B shall be entitled to an equitable adjustment in schedule and compensation. HAZARDOUS WASTE AND ASBESTOS The CLIENT agrees, notwithstanding any other provision of this Agreement, to. the fullest extent permitted by law, to indemnify and hold harmless J-U-B, its officers, partners, employees and consultants (collectively, J-U-B) from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handli ng, re moval, abatem ent, or disposal of any asbestos or hazardous ortoxic substances, products or materials that exist on, about or adjacentto the Project site, whether liability arises under breach of cantract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the so.le negligence or willful misconduct of J-U-B. RIGHT OF ENTRY The CLIENT shall provide for J-U-B's rightto enter the property owned by the CLIENT and others in order for J-U-B to fulfill the Services to be Performed hereunder. The CLIENT understands that use of testing or other equipment may unavoidably cause some damage, the correction of which is not part of this Agreement. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless J-U-B, it's officers, directors, employees and subconsultants (collectively, J-U-B) against any damages, liabilities or costs, including reasanable attorneys' fees and defense costs, arising or allegedly arising from procedures associated with testing or investigative activities or connected in any way with the discovery of hazardous materials or suspected hazardous materials on the property. MEDIATION BEFORE LITIGATION In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the CLI ENT and J-U-B ag ree that all disputes between them arising out of or relating to this Agreement or the Project, except forthe payment of J-U-B's fees, shall be submitted to nonbinding mediation as a condition precedent to litigation unless the parties mutually agree otherwise. The CLIENT further agrees to include a similar mediation provision in all agreements with independent contractors and consultants on the Project, and also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for mediation as the primary method far dispute resolution among the parties to all those agreements. LEGAL FEES In the event of any action brought by either party against the other to. enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shaH pay the prevailing party such reasonable amounts for tees, costs and expenses including attorney's fees as may be set by a court. SURVIVAL Notwithstanding completion ortermination of this Agreement for any reason, all rights, duties and obligations of the parties to this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and J-U-B. SUCCESSORS AND ASSIGNS CLIENT and J-U-B are hereby bound, and the partners, successors, executors, administrators and legal representatives of such other party, in respect of all the covenants, agreements and obligations of this Agreement. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against J-U-B. J-U-B's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against J-U-B because ofthis Agreement or the pe rformance or nonperform ance of services hereunder. In the event of such third party claim, CLI ENT agrees to indemnify and hold J-U-B harmless from the same. The CLIENT and J-U-B agree to require a similar proviSion in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in the Project to carry out the intent of this provision. CONTROLLING LAW, JURISDICTION, AND VENUE This Agreement is to be governed by the law of the State of Idaho, principal place of business of J-U-B. Any action or proceeding arising from or in connection with this Agreement shall subject to the exclusive jurisdiction of the State af Idaho. Venue shall be proper in Ada County. Page 4 of4 ATTACHMENT "A" AGREEMENT FOR CIVIL ENGINEERING SERVICES CITY OF MERIDIAN VICTORY ROAD WATERLINE J-U-B ENGINEERS, Inc., Project No. 10R04-143 SECTION 1 - PROJECT UNDERSTANDING 1, Proiect Understanding The City intends to construct a water main along Victory Road from the westerly boundary of Observation Point Subdivision to the easterly boundary of the Bear Creek Subdivision. This entails approximately 3,000 tineal feet of 12" waterline. A bored undercrossing of SH-45 (Meridian Road) will be required, All other work is anticipated to be in the public rights-of-ways with exception of the SH-45 boring. SECTION 2 - CITY PROVIDED INFORMATION AND RESPONSIBILITIES 2, Citv Information and Responsibilities: The following data and/or services are to be provided by the City without cost to J-U-B. 2.1 Provide ongoing review of the J-U-B's work and timely consideration of policy issues at a time acceptable to both the City and J-U-B. 2.2 Provide access to relevant record drawings, master plans, and other relevant information of record. 2.3 Provide waterline sizing, valving, connection locations, and fire hydrant placements. 2.4 Assist in identifying buHdings or properties requiring service connections. 2.5 Pay for all permits, fees, or other payments required to secure permitting for construction of the proposed improvements. 2,6 Provide all informational mailings, flyers, and public meeting notices as required for public information. 2.7 Provide a liaison for coordination with affected businesses/landowners/deveLopers in the project area. 2.8 Provide and pay for legal notices for Advertisement of Bid(s). 2.9 It is understood that J-U-B will not provide construction contract management, administration, or a Resident Project Representative (PRP), but that such services will be provided by the City. City of Meridian - Victory Road Waterline Page - 1 J-U-8 ENGINEERS, Inc. Attachment 'A' - 10.04-143 SECTION 3 - ,sURVEY AND FINAL DESIGN 3, Services to be Performed bv J-U-B: J-U-B shall furnish final design services specifically limited to the following on a lump sum basis as shown Attachment B: 3.1 Topm:!raphic Survey and Temporary Construction Benchmarks J-U-B shall research the Ada County Surveyor's records for survey monuments to aid in establishing horizontal control and include research for land monuments, plats, records of survey, and easements of record in the project area. J-U-B will utilize the Ada County G.I.S. mapping to approximately place property lines and adjoining public rights-of-ways. Research will be performed to generally identify ITD rights-of-ways. Vertical control will be based on 1988 NAVD datum 'elevation. Land monuments that may be disrupted by construction shall be shown on the Construction Plans to the extent that they visible in the field or have adequate evidence of existing. J-U-B shall complete topographic surveys to the following limits: 1) Victory Road: A strip of land along Victory Road from north ROW to approximate roadway centerline, 2) Intersection of Victory Road and SH-45: Full roadway widths will be completed at the intersection and extended 200 feet in each direction. 3) Boring Location: J-U-B will supplement the base topographic survey to include 1 00'x1 00' boring pit which is assumed to be located near the northwest or northeast of the Victory Road/SH-45 intersection. J-U-B shall schedule a pre-locate meeting with Dig-Line notified utilities, and attend a site meeting with affected utility companies for the purpose of requesting field locates and maps of subject utilities such as gas, power, telephone, storm drainage, cable T.V., street lighting, traffic signals, irrigation, and other'utilities that respond to the request for utility locate. Utilities depicted on the Plans as a result of this task will not be verified and must be field verified, located, and protected by the Contractor during construction, Topographic features shall be shown on the Construction Plans to the extent that are identified in the field surveyor located by the utility companies such as fences utility poles, surfacing, culverts, storm drains, drainage structures, Significant vegetation, drain flowlines and top of banks, sidewalks, curbs, gutters, driveways, utilities, and edge of pavement. 3.2 Desi!::!n A, Preliminary Design: J-U-B shall complete preliminary design of feasible alternative water main alignments, and submit preliminary layout exhibits to the City for review. A preferred alignment will be selected by J-U-B and the City. B, Final Design: Final design of the preferred alternative will be completed by J-U-B with considerations made for sanitary separation per State Public Drinking Water Regulations, ITD corridor requirements, surface disturbance, constructability, traffic issues, utility conflicts, and other pertinent design issues. City of Meridian - Victory Road Waterline Page - 2 j-U-B ENGINEERS, Inc. Attachment 'A' - 10-04-143 c. Design of Boring! j-U-B shaLL be responsible for preparing the design of a conventional horizontal boring/jacking per requirements set forth in the ITD utility permit. j-U-B shall be responsible for design considerations "such as made for sanitary separation per State Public Drinking Water Regulations, ITD corridor and utility permit requirements, surface disturbance, constructability, traffic issues, utility conflicts, and other pertinent design issues. Detailed traffic control measures will not be incorporated into the construction plans. 3,3 Topo'!raphy and Desi!:ln Drafting / j-U-B shall perform design drafting in AutoCAD 2005 for the construction plans which will include the City's standard notes, vicinity maps, sheet indexes, north arrows, topography, pipe size, type, fitting, surface repair, crossing requirements, property lines, easements, found monuments and property corners, land ownerships, survey control, pay limits, and special details necessary for a biddable product. Drafting shall be completed on 22"x34" mylars, ANSI standard size "D" sheets at an anticipated scale of 1 "=50', 3.4 Specifications and Contract Documents Specifications and Contract Documents shall be in accordance with the 2003 Edition of the Idaho Standard Public Works Construction (ISPWC) format and with reference to the City of Meridian Standard Drawings. J-U-B shall be responsible for preparing Special Provisions necessary for the project. 3,5 Plan Review and Revisions A. Upon 50% completion of the plans and specifications, j-U-B shaLL submit review sets of plans to the City for review. B. Upon 90% completion of the plans and specifications, j-U-B shall submit review sets of plans to the City for review, C. A senior j-U-B staff engineer will conduct an in-house quality control and constructability review of the construction plans and contract documents, D. J-U-B shaLL incorporate appropriate revisions made by the City and other permitting agencies into the final set of plans and specifications 3.6 Opinion of Probable Construction Cost j-U-B shall develop and issue to City an opinion of probable construction cost for the construction project and any bid alternatives. City of Meridian - Victory Road Waterline Page - 3 J-U-B ENGINEERS, Inc. Attachment 'A' - 10-04-143 SECTION 4 ~ EASEMENTS 4. Services to be Performed bv J-U-B: J-U-B shall furnish services specifically limited to the following on a time and materials basis at an assumed level of effort depicted on Attachment B and described herein: 4.1 Easements: Landowner/Developer Coordination Where easements are required for construction of the project, J-U-B shall meet individually with affected landowners (2 ownerships are anticipated) to negotiate requirements and develop easement provisions. For the purpose of estimating fees, two (2) separate easements are anticipated, requiring three (3) separate meetings to finalize negotiations, J-U-B's level of effort for completion of this task is particularly variable depending on the complexities of the negotiation. 4.2 Easement DescriPtions and Exhibits An appraisal process is not assumed to be required for securing the temporary construction easements, J-U-B shall prepare the necessary easement legal descriptions and exhibits in the City's standard forma.t for the City to secure the necessary easements for construction. Title reports may be required on each affected property. For the purpose of estimating fees, it is assumed that two (2) parcels will need to be acquired by the City. SECTION 5 - PROJECT MEETINGS, AGENCY PERMITTING ft COORDINATION 5. Services to be Performed bv J-U-B: J-U-B shall furnish services specifically limited to the following on a time and materials basis at an assumed level of effort depicted on Attachment B and described herein: 5,1 Project Meetings A. Kickoff Meeting: J-U-B shaLL attend a kick-off meeting with the City for the purposes of obtaining project information and to receive any general direction that the City may have with respect to proceeding with the project. At this time, the City will provide the J-U-B with the information pertaining to any design related requirements. B. Project Review Meetings: J-U-B shall attend progress meetings with City as needed during the project to resolve issues and discuss project schedule as they develop over the duration of project design. It is anticipated that two (2) meetings will be required. C. MisceLLaneous Project Coordination Meetings: Attend meetings as required to coordinate the project with utility companies and businesses. City of Meridian - Victol}l Road Waterline Page - 4 J-U-B ENGINEERS, Inc. Attachment 'A' - 10-04-143 '5,2 ITD and ACHD Coordination and PermittinQ J-U-B shall coordinate and schedule a meeting with rTD and ACHD to establish alignments in the public ROW, j-U-B shall prepare the necessary ITD Utility Permits to construct the waterline. Coordination with ACHD and ITD is anticipated to include: 1) Determining if any road improvements are anticipated in the foreseeable planning period. Z) Obtaining pertinent design requirements and material specifications for proposed improvements. 3) Obtaining available record drawings of improvements in the project vicinity. 4) Identifying approval time required to complete the permitting process, 5) Determine acceptable corridor within ITD ROW. J-U-B will submit construction plans to ACHD and ITD for approval and prepare the necessary ITD Utility Permit for agency approval. 5.3 DEQ Approvals J-U-B shall coordinate with DEQ and submit the final construction plans, specifications and DEQ Checklists to the Idaho Department of Environmental Quality, SECTION 6 - BID AND AWARD SERVICES 6. Services to be Performed bv j-U-B: j-U-B shall furnish services specifically limited to the following on a time and materials basis at an assumed level of effort depicted on Attachment B and described herein: 6.1 Bidding, PublishinQ, and Administration J-U-B will provide 15 sets of the contract documents required for bidding purposes. Plans and contract documents will be distributed through J-U-S's Boise office. J-U-B will provide bid administration services to coordinate the Bid process with the City, prepare addenda when necessary during the Bid process to clarify bidding requirements, and assist in answering bidders' questions, Legal notice for advertisement of Bid shall be paid by the City, 6,2 Bid Opening and Award j-U-B will conduct the bid opening, review bids, prepare a bid abstract, provide recommendation for contract award to City, and prepare necessary contract documents to award the project. SECTION 7 - CONSTRUCTION SERVICES 7. Services to be Performed bv J-U-B: J-U-B shall furnish services specifically limited to the following on a time and materials basis at an assumed level of effort depicted on Attachment B and described herein, Roles of the Engineer and Resident Project Representative (RPR) during construction shall be defined in the Project's Construction Contract developed in Section 3 per the ISPWC, Division 100, Standard General Conditions, and Standard City's Supplementary Conditions to the General Conditions. City of Meridian - Victory Road Waterline Page - 5 >, J-U-B ENGINEERS, Inc. Attachment 'A' - 10-04-143 7.1 Preconstruction Conference j-U-B will assist the City as needed in arranging and conducting a pre-construction conference for the project with the contractor, City, ACHD, and ITD, 7.2 Construction Staking The j-U-B shall provide one (1) set of construction control stakes in accordance with the approved plans that allow the contractor to construct the water main. The following stakes will be provided: A. Waterline: Stake at 1 DO-foot stations and all angle points beginning at connections, At each station, two (2) offset stakes will be provided, Limits of the bore pit easements will be staked prior to construction. 7.3 Construction Assistance j-U-B's project manager wilt be available during construction on an as-needed basis as requested by the City, 7.4 Record Drawings j-U-B will prepare record drawings from drawings received from the Contractor and City's resident project representative, -SECTION 8 - FEE SCHEDULE Basis of Fee and Billing Schedule The CITY shall pay j-U-B for its services and reimbursable expenses as follows: · Preliminary Design, Survey and Final Design Items 3,1 through 3.6 on a lump sum basis with a cost of ..,............................., $17,217 . Easements Items 4.1 and 4.2 on a time and materials basis, with an estimated budget............ $4,036 · Project Meetings, Permitting and Agency Coordination Item 5.1 through 5,3 on a time and materials basis, with an estimated budget ........ $3,354 · Bid and Award Services Items 6,1 through 6.2, on a time and materials basis, with an estimated budget ...... $3,346 · Construction Services Items 7.1 through 7.4, on a time and materials basis, with an estimated budget...... $7,151 The basis for calculation of fees is presented in Attachment "B". \\Boisefiles\Public\ProjectMaoagers\PHK\ 10-04-143 . Meridian - Victory Road WaterLioe\ 10-04.143-Admin\Contracts and Billing\Misc Water ATTACH A.doc City of Meridian - Victory Road Waterline Page - 6 < a- o '<! ;lJ o '" "" ~ [ ,,' ~ a 6 f" :t '" ),. "" 3 ,,' o o ~ '" a '" ll> " "" ~ S' 10 <: o' 5' '<! ;lJ o ll> "" :;: 6 m !!l. ~ iil" " ::J' III X r- '" <: [ o '<! ;lJ o ll> "" :;: 6 m !!l. ~ iil" g. tD X r- oo &; M- a a '" a5 o u;' ~ n;- .. 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N o o '" January 7. 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 11. 2005 ITEM NO. 5-J REQUEST Well 25 Pumping Facilities Change Order No.1 -Irminger Construction for $4,881.52 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached #Fr/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED JAN - 6 2005 Memo City of Meridian City Clerk Office To: William Berg, Jr. From: Lenard Grady cc: Date: 1/6/2005 Re: Proposed Agenda Items for January 11, 2005 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the January 11 City Council consent agenda: DesiQn of Waterline CrossinQ of Meridian Road on Victory: Attached is an agreement with JUB for design of approximately 2,500' of water line crossing Meridian Road. The contract is for design, easements, bid preparation, and construction services. Total contract amount is $35,104,00 Recommended Council Action: The Public Works Department recommends that City Council approves the Joint Services Agreement with ACAD for construction of Locust Grove South and authorize the Mayor to sign it. 'f; Well 25 PumpinQ Facilities ChanQe Order #1 - Irminger Construction: Attached is Change Order #1 for addition work required at Well 25 (Victory Eagle area), Additional pavement accounts for half of the change order with other miscellaneous items such as deepening and enhancing the storm drain accounting for the rest. The Net change order is $4,881.52 bringing the total construction cost to $256,395.52. Recommended Council Action: The Public Works Department recommends that City Council approves the Joint Services Agreement with ACAD for construction of Locust Grove South and authorize the Mayor to sign it. Award of WWTP Supplv of Backup Power System and Procurement. Four bids were received for the supply of backup power and switchgear at the WWTP as summarized below: From the desk of.. . Lenard Grady SmffEngineer Meridian Public Works Department' 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@rneridiancity.org . Western States SmIth Detroit EC Power Cummins $308,732.60 <= Apparent Low Bid $331,385.60 $459,364.00 $461,731.00 . . . Western States will be supping CAT gensets with Applied Power switchgear, The contract with Western States is for supply and commissioning of equipment only. Building design and bid will now be finalized based on the CAT system and will go for bid shortly. Recommended Council Action: The Public Works Department recommends that City Council approves the equipment purchase known as "WWTP standby Power System Procurement" from Western states for $308,732,60 and authorize the Mayor to sign it. . Page 2 Change Order NO.1 Contract For: Well No. 25 Owner: The City of Meridian Contractor: Irminger Construction State of Idaho Ada County Description of Changes Decrease in Contract . Increase in Contract Price Price 1. Bid Item 1b - Add 31 CY 8" Minus Uncrushed Gravel @ $775.00 Unit bid Price of $25, 00 per Cubic Yard 2. Bid Item 1 c - Add 8 CY of 3/4" Minus Crushed Gravel @ , $200.00 Unit bid Price of $25.00 per Cubic Yard 3. Bid Item 1d - Add 115 SY of Hot Plant Mix Pavement @ $2,070.00 Unit bid Price of $18.00 per Cubic Yard 4. Bid Item 1 e - Remove 108 LF of Concrete Valley Gutter @ $2,700,00 Unit Price of 25.00 per Linear Foot } 5. Add Item 1f - Add Item for 126 LF of Rolled Curb and ~utter @ $2,711.52 Unit Price of $21.52 per Linear Foot 6. Add Item to Cover Additional Work Required to Construct and $ 950. 00 Remove Temporary Dam in Ridenbaugh Canal 7. Add Item to Excavate Bottom of Storm Water Detention Pond $585.00 to Free Draining Soils and Backfill with Sand and Drain Rock 8. Add Item for a rock guard for the Heating and Air Conditioning Unit. $290.00 Totals $2,700.00 $7,581.52 Net Chanae In Contract Price $4,881.52 Justification: Changes to work requested by Engineer due to driveway conflict with existing power facilities (items 1-S}; need to construct temporary dam due to downstream construction in Ridenbaugh Canal (item 6); need for additlonal excavation and sand backfill in detention pond to avoid standing water in pond (item 7}; and rock guard to protect the HVAC Unit's Condenser Coils from Vandalism. Total of the Contract will be Increased by the sum of Four Thousand Eiqht Hundred Eiahty-One and 52/100 dollars ($4,881.52), The total for this Contract including all previous Change Orders will be Two Hundred Fifty Six Thousand Tree Hundred Ninty-Five and 52/100 dollars ($256,395.52) The Contract period for completion will be unchanged. This document will beco e supplemental to the contract and all provisions will apply hereto. c. - Jim Money, P.E. ( /3/0.::;'- I date ("-/'1-(:1 I Da e /;;//?/~ 17 Date Requested by: Accepted by: January 7,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT January 11, 2005 ITEM NO. 5-K REQUEST Historic Preservation Consultant Agreement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meellngs shall become property of the City of MeridIan. mSTORIC PRESERVATION CONSULTANT AG:REE:MENT THIS AGREEMENT is to be effective the IO./!:aay of December, 2004, and continue through June 1,2005, by and between THE CITY OF MERIDIAN, an Idaho municipal corporation, (hereinafter referred to as "City") of33 E. Idaho Ave., Meridian, Idaho 83642 and Emily Peeso (hereinafter referred to as "Peeso") of 6105 Kirkwood Rd., Boise, Idaho. WHEREAS City is in the process of nominating local properties to the National Register of Historic Places for enhancement of the historic preservation activities of City; and WHEREAS City is in need of an independent contractor with professional experience, education and qualifications to assist 'in this process and to complete a nomination in accordance with the National Register of Historic Places guidelines; and WHEREAS Peeso has the requisite professional experience, education and qualifications to complete a National Register nomination according to set state and national guidelines and has been selected by City to perform the duties associated therewith; NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, it is hereby agreed as follows: 1. INDEPENDENT CONTRACTOR. 1,1 Peeso shall be deemed to be an independent contractor as Historic Preservation Consultant. Peeso shall not have mandatory duties except those imposed by law or regulation and those specifically set out in this Agreement. Nothing contained in this Agreement shall be regarded as creating any relationship (employer/employee, joint venture, partnership, shareholder) between the parties other than the independent contractor relationship as set forth herein, 1.2 Peeso is, and shall be treated by City as, an independent contractor (statutory non- employee) and not an employee for state, tax and for all other purposes. She will not be treated as an employee with respect to the services performed by her for federal tax purposes. Peeso hereby acknowledges that she has been advised by City that as an independent contractor (non-employee) affiliated with City, she is responsible for the payment of all her own federal income taxes and her own self-employment taxes (FICA), together with any and all corresponding state, county and local taxes, if any, and she hereby agrees to comply with those responsibilities, Peeso shall be responsible for any necessary insurance, including but not limited to Worker's Compensation insurance, as required by law or at the discretion or direction of the City. Peeso hereby waives any claims she has or may have against City now or in the future respecting such taxes or the right of City not to withhold, not to payor not to contribute to such taxes on her behalf, 2. CITY RESPONSffiILITIES. City agrees that in consideration of the services of Pee so, City shall pay: 2,1 Compensation: City shall pay Peeso $4200 total, The total compensation includes professional services and expenses for completing the project outlined in this agreement including, but not limited to, travel expenses, required materials and processing for the nomination submissions. No additional sums shall be or become due and owing to Peeso without a written modification of this Agreement. An initial payment of $200 shall be made to Peeso for any upfront expenses. The balance of payment shall be made upon receipt of an invoice fl.-om Peeso after the final submission of the nomination projects. City shall pay within ten (10) days of receipt of acceptance of the final draft by State Historic Preservation Office (hereinafter referred to as ~~SHPO"). 2.2 City shall neither pay for nor include Peeso on any City benefits program. 2.3 City, specifically the Meridian Historic Preservation Commission~ shall make arrangements for Peeso to give a presentation on this project for the general public, 3. PEESO'S RESPONSIBILITIES. Peeso shall act as an independent contractor informing the Mayor, City Council and Historic Preservation Commission of her progress by attending at least one Historic Preservation Commission Meeting, She shall be responsible for overall coordination of the National Register of Historic Places nominations of the two Meridian properties (1123 N. Main Street and 13 7 E. Pine Street). Peeso's work is characterized by a substantial amount of research and documentation associated with the nomination projects. Research shall be conducted on the property site, through orally history interviews and in archival collections. The research shall be documented and interpreted to complete the National Register of Historic Places nominations according to the Secretary of the Interior's Standards published in the National Register Bulletins. The documentation includes: completing appropriate sections on the National Register Registration Form NPS 10-900, writing an architectural narrative description and a statement of significance on additional forms, providing bibliographical references according to Kate L. Turabian's A Manual for Writers, black and white photographs and color slides. Deliverables, Peeso agrees to prepare and furnish such nominations and additional documentation as may be required by the SHPO, As requested by the City, Peeso shall deliver a complete nomination form for each property which includes: NPS 10-900 form, continuation sheets, USGS quadrangle map marked with the properties' UTM coordinates, a sketch map, black and white photographs and color slides. Peeso shall furnish four copies of the nomination "packet" excluding the quadrangle maps and color slides. RepOlting. Peeso shall attend at least two Meridian Historic Preservation Commission meeting. The purpose of her attendance is to involve and to inform the commission in the process, Peeso shall give a short presentation about the project to the general public. Further details of the presentation shall be determined through correspondence between Peeso and the Meridian Historic Preservation Commission members, Timeline. Peeso shall submit a written draft of each nomination to the SHPO's architectural historian and to the Meridian Historic Preservation Commission for review by April 1, 2005. The final nomination "packets~' will be submitted by June 1, 2005, To allow for unforeseen instances or delays, these set deadlines may be modified by a mutual consent of both parties in writing. 4. MISCELLANEOUS PROVISIONS. 4.1. This Agreement constitutes and contains an entire. Agreement of the parties and supersedes and merges all other prior understandings or agreements between the parties on the subjects oftrus Agreement, if any, whether oral or written; 4.2 The failure of a party hereto to insist upon strict performance or observance oftbis Agreement shall not be a waiver of any breach of any terms or conditions of this Agreement by the other party; 4,3 In the event any provision or section of tbis Agreement conflicts with applicable law or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect; 4.4 In the event of any litigation arising under~ or as a result of, this Agreement or arising from any of the acts to be performed hereunder or the alleged breach of this Agreement~ the prevailing party(ies) shall recover costs and reasonable attorney's fees; 4.5 This Agreement shall be governed and interpreted by the laws of the State of Idaho; 4.6 No party may assign this Agreement or any interest therein without written consent of the other parties, and in the event of assignment, this Agreement shall inure to and be binding upon the parties hereto as well as their successors, assigns, departments and agencies; 4,7 No amendment, alteration or modification of this Agreement shall be effective unless made in writing and dilly executed by the parties hereto; 4.8 Termination, This Agreement may be terminated by either party upon written notice should the other party fail substantially to perform in accordance with the terms of this Agreement. The Consultant shall be compensated for services performed prior to notice of such suspension (as mutually agreed). 4.9 Liability and Indemnification. City shall not be liable to Peeso for any expenses incurred by her, other than pre-approved travel expenses to the extent the same are in compliance with this Agreement, nor shall Peeso have authority to bind City or any of its agencies or departments by any promise or representation, unless specifically authorized in advance and in writing by the Mayor or City CounciL 4.10 Peeso represents and warrants that the biographical and reference information provided in her Response to the RFP is true and accurate. EXTENSION. This agreement may be renewed and extended for the period mutually determined through April 30, 2005, on compensation terms to be mutually agreed upon by the parties hereto. The duties of such extended and renewed contract shall be essentially the same as those detailed herein unless modified in writing in the extension agreement. . IN WITNESS WHEREOF the parties hereto, by their signatures below, acknowledge their understanding of and commitment to the terms of this Agreement effective as of the day and year first written above. Attest: Date 1-/1--1/ 5" ~-P~'~ City Clerk ~ ter ndgl'en Date /)5.) ~t?6" ~u Emily eeso Date /13 Pev#!- , ~ll ~t.Sl'''2C()l' \......../Vi erldia-n STACY KlLClffi"fMANN FiNANCE DIRECTOR MAYOR T Al'vlMY DE WEERO COUNCIL MEMBERS WILLIAM L.M. NARY KEITH B IRO CHARLIE ROUNTREE SHAUN W AROLE JANICE SMITH CITY TREASURER v ;, ID:I.HO .; \\:t jc ,. r, ,/ '~(f'/;"')'L.""_._ . __...!......,~~,j~~~ ... --~--l~;= . 33 Ea~t Idaho Meridian, ID 83642 (208) 888-4433 Fax (208) 887-4813 :FIN.JLNCE'IYET Ji'RT:Jvl'ENT REQUEST FOR TAXPAYER IDENTIFICATION NUMBER (W-9) The City of Meridian is required by law to obtain the correct Taxpayer Identification Number (TIN) for each individual and/or company to whom we make payments. Our files indicate that we either have an open contract with you or your company or have made payments to you within the last year. Therefore to adhere to the IRS requirements for disbursements, we must obtain your correct TIN. Please remit this information with 30 days of this letter to the City of Meridian, 33 E Idaho Ave, Meridian, \0 83642 or you may fax it to 208-887-4813 Atln: Accounting. If you choose you may submit a standard W-9. If you do not provide us with this information, you may be subject to a $50 penalty imposed by the IRS under Section #6723. We are also required to withhold 31 % of certain payments made to you for failure to furnish your TIN within 60 days of the first request Thank you, The City of Meridian Substitute Form W-9 Company Name f" M ~ Iy ~ es () DBA Address (p 105 K, V Kw ood 1<c1. J Taxpayer Identification Number Doise) ID 83709 or Social Security Number 52 2- 2S 8'12-\ (furnish only one) TVPE OF BUSINESS ( ) Corporation ( ) Government Entity ) Nonprofit Organization (/)'Individual ( ) Partnership ) Other: PLEASE CHECK THE SPACE BELOW THAT BEST DESCRIBES THE 1YPE: OF TRANSACTION FOR WHICH WE MAKE PAYMENTS TO YOU. (CHECK MORE THAN ONE IF NECESSARY.) IF YOU ARE REQUESTING PAYMENT OF RENTS, MEDICAL OR MISC. SERVICES, PLEASE BE ADVISED THAT PAYMENT MUST BE UNDER THE NAME AND SOCIAL SECURITY NUMBER OR TIN OF THE PERSON OR COMPANY WHO SHOULD REPORT THIS TO THE IRS, PLEASE BE SURE THE SS# OR TIN# WILL IDENTIFY THE NAME GIVEN, (v{ Merchandise () Rents (/) Service () Medical () Other: IF YOU HAVE PROVIDED ON-SITE SERVICE FOR ANY DEPARTMENT WITHIN THE CITY OF MERIDIAN, PLEASE PROVIDE A "CERTIFICATE OF INSURANCE" FOR WORKERS COMPENSATION. IF YOUR PROVIDER IS THE IDAHO STATE INSURANCE FUND, PLEASE PROVIDE A COPY OF THE POLICY. Certification: Under penalties of perjury, I certify that this statement is true: 1. The number provided above is my correct Taxpayer Identification Number, and 2. I am NOT subject to backup withholding Slgnalurtf~ Print Name t:.M {LY V ~ &--'50 Date I ~fe~ ~/ Title 1V)~t..JB'bkic.. 'fv€<;;,eVvtt--MOYI UsVl ~ JanUary 7, 2005 MERIDIAN CITY COUNCIL MEETING January 11, 2005 APPLICANT REQUEST Sanitary Sewer Easement for Reagan Subdivision ITEM NO. 5-l AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of !he City of Meridian. City of Meridian Public Works Dept. Memo ~RE~CE EDl JAN 0 7 2005 To: Mayor de Weerd & City Council From: Karle Glenn CC: File Date: 1/6/2005 Re: Proposed Agenda Items for 1/11/05 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 1/11/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement for ReaQan Subdivision. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Reagan Subdivision and authorize the Mayor to sign and City Cferk to attest. Thank you for your consideration. . Page 1 RECEIVED DEe 2 0 luOl) SANITARY SEWER EASEMENT ROCKY MOUNTAIN ~I':ANP.GEMENT THIS INDENTURE. made this 29 day of November. 2004 between ABC2. L.L.C.; Washington Trust Bank; Meridian Idaho Land Company, L.L.C.; EP Crossings, L.L.c.; the parties of the first part, and hereinafter called the Grantors, and the City of Meridian. Ada County, Idaho, the party of the second part. and hereinafter called the Grantee: WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS. it will be necessary to maintain and service 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 operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A andB) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities. together with their maintenance. repair and replacement at the convenience ofthe Grantee. with the free right of access to such facilities at any and all times, TO I-IA VB 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 the Grantee. in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However. the Grantee will not be responsible for repairing, replacing, or restoring any permanent structures. large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are la-wfully 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. Washington Trust Bank EP Crossings, LLC ~ fvt{;f- Keith Erhart Assistant VP !Manager ~F:~ Manager Meridian Idaho Land Company, L.L.C. _~ ~k--- Ca vin C. Chandler Manager ABC2, LLC ~ Michael ;~K- Manager STATE OF IDAHO ) ) ss COlUlty of Ada ) On this ,)NL day of Dttb1'lbe-r, 20l!!t, before me, the undersigned, a Notary Public in and for said State, personaIly appeared M. {tllffeL N. ~tZ V and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES,S WHEREOF, I have ~erelUlto~et.I? hand and affix. ed my official seal the day and year first above wntten. /.... ,-,-. . ---/ _ _ . /l-vttCe/L /'\- //fJfLL-' ",........... NOTARY puaue FOR-1DAHO ".. .8. 1 '" ~..~' ..C\ry ,1. r. "" ; ../iA-ko ",'" ~~ ... 0 .... " ~ r" ~ .ee 't- ..-:,. Residing l?--uU, . l' T e. tJl .. . i q, ~OTARr \ ~ Commission Expires: q/iJ /10 : ....:: i · - ~ \ PUB\..\C ;. ff ... . . .. '\ <Jl .... ... Q..~ ~<< ~ ......... '?--~.... '.#. 'l'S OF \'0 ".... "'f ", ",........' ~ENT BY: ROCKY MOUNTAIN MANAGEMENT; ( 2M 345 7210; DEC - 1 4 - 04 11: 41 ; ~AGE 2/2 STATE OF .k!-AS IflvJ@1PN ) ) S$ County of1!:f e..r L--R... .., ) On this lo..fh day of D:z(c{t\o1&.v" , 20ft{:, before me, the undersigned, a Notary Public in and for said State, personally appeared C4 f"l/,..\ c:.. C Ct.{/. rdCc4 and . known or identified to me to be the llresidcrtt aacl J ~p.L"':r~tAt:y; respectively, of the corporation that executed the within instT1UJlent, f"14 t1.~')& and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my offil.;i1! seal the day and year first above written, ~ ,17 _ It A f fl.:"7 1/17'-'-'-$/ L NOTARy PUBLIC FOR ID:t.dIO friAflf{tJ6',g.N Residing o>T 'fi,..t:~.N.,c.. ~ Commission Ex.pires: 1 < __, (J.-Lf <-d;t- Hmothy l. Bunch :--."\'\\\\\\111 s-......... ~"'y L. a It", ~ _.....0 ",....\\\\111111 v.... 'It :::: L~;-::'t.<:l>SION #::,f!II/'~ I,-: _ "..::-~' """.0'" :.; Z :: =! ~oT"'~ ~~'~ ~ ~ ~u ;I- ~~ ~ ~ ~ 0~ ~ ~Cln.o- E::: ~ """ ~ 7 lIs\.-"" ff ~ := ~ "V",,'I",f~04-0Y ,,0 E III ~ 0 111l1\\\\W""'~v.~ g 11111 'J:: WAS~ ....~ 1\ 1\\\\\\\\\'-"''''' - STATEOY~f1?h~) /J ) 55 Countyof ~~ ) /" On this &Z ( .::- + day o~ 1~/YUlc.ek . 20~ before me, the undersigned, 'TJ1-~R- a Notary PublIc 10 and for smd State, personally appeared kg- / TI-i ;;;)2 J! 19/2 ) 11~i1.f" Cv and , lmown or identified to me to be the President ilB.a MA-"';A~, respectively, of the corporation that executed the within instrument, and aclmowledged 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 first above written. ~ ~ ~~ NOTARY PUBLIC FOR IDAlIO tOfts}/- /NG-TtJ AI Residing a4- ~<-e-.; u/ If Commission Exp-'rres: q - /3 - oS' \\\\\lUII/II/ '!>.", ~ K. w; 1/..-: ~ ~~.......~t9A.~ ~.LX; ,'~\5slons:'.:y'<\' ~ ::: ..... . f!:' ~ .";';" ~ ::: -00 ~.,"'" .... ~ :' ~OTAI? r "': E -" ~ .- ;.~\ PUBLIC .:~~ -;. "Y,A'.lSh.. ..h ... 0 S:- ~ ~'':~ 13 ~.,~~ 0: 0;.' ..'....J.\~ ~.;:;;. III WAS" \'-, c1nH'l11\\'\ CITY OF MERlDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk STATE OF IDAHO, ) : ss. County of Ada, ) On this ~day of ,2004, before me, the undersigned, a Notary Public in and for the State of IdBho, personally appeared Tammy de Weerd and William G. Berg, Jr., lmown to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and aclmowledged to me that the City of Meridian executed the same. _ IN WITNESS WHEREOF, I have hereunto set my hand and affrxed my official seai the day and year first above written. SEAL Notary Public for Idaho Residing at My Commission Expires: EXHIBIT A - SANITARY SEWER EASEMENT - REAGAN SUBDNISION A 20 foot wide sanitary sewer easement located in the Southwest 1/4 of the Northwest 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Said easement is more particularly described as follows: Commencing at the southeast corner of Presidential Subdivision, recorded in Book 84 of Plats at pages 9401-9402, Records of Ada County, Idaho thence, along the North Right- Of-Way of East Pine Avenue North 89020'42" West 270.21 feet to the POINT OF BEGINNING thence, Continuing along said north right-ofway North 89020'42" West 20.00 feet; thence, departing from said north right-of-way North 01008'42" East 83.79 feet; thence, North 09040'29" West 99.84 feet; thence, North 00053'14" West 307.90 feet; thence, North 90000'00" East 20.00 feet; thence, South 00053'14"East 306.05 feet; thence, South 09040'29" East 1 00.20 feet; thence, South 01008'42" West 85.51 feet to the POINT OF BEGINNING. Said easement contains approximately 9,832 square feet, more or less, and is subject to all existing easements of record or use. ~90"$O'OO"E ~'.I 2(1).00' - , -r-rl -I !e 1 Ii -,-.-,-.-,-.-.-. I ' 11 I~ ~ :' 1 ' I 1 ~ I, o"'~1.::' in :- 0):- 0 l"11 . l"11 ' 10 f'-. Ul <.D ~:~~Ig - ,~: 5l!, ~I~ OF 'M-;;;DI~N _ . - . - , - , - , - . - . -, I t4') I I SANITARY SEWER I ..... 1 1.0 9 I, I ..... II f' : REAGAN SUBDIVISION - ~ J I I ..q- EXTE~IOR BOUNDARY ~ ll'~ \ g r ~ , , 0 r \ 1 z ?h~' z ~ 0, m z\ r..n ~ 1 ::> I \ , g,en , \ en . \ ur EASEMENT ~ 0 I .. I BOUNDARY ~ I' !'JI' ?I ' - .- , - , - , - . - , - , - . - . - , ~ NI~ N ~ I 0 _v ~~;: Il(j N . a::: . g51 ~I ui ..... I () 1~:crJg:crJ g J ,. I O~OJ;- POINT OF BEGINNlNG , ~ NS9"20'42"W NS9"20'42"W E PINE A VENTI'E- 270.21' - - - . T- t- O .....J IX) ..... o -.J REAGAN SUBDIVISION SANITARY SEWER EASEMENT " .... o .....J SCALE: 1"=50' to t- O .....J EXHIBIT B January 7, 2005 MERIDIAN CITY COUNCIL MEETING January 11, 2005 APPLICANT Planning and Zoning Dept - Anna Canning REQUEST Request for Additional Services for Diane Kushlan Services Department Reports ITEM NO. . 6.A.l AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached - \rutMJ~._o~ ~ \rf' y.lJ\ vJ> Olt\,6lW 0 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. MEMORANDUM TO: FROM: MAYOR AND COUNCIL ANNA BORGIERS CANNING, AlCP PLANNING DIREcrOR JANUARY 6, 2005 DIANE KUSHLAN SERVICES o 6 2005 DATE: RE: City Of Iv1eridian City Clerk Office As you know, Ms. Diane Kushlan has been assisting me on the zoning ordinance re-write and the associated Process Improvement Group meetings. We will have a working draft completed by January 2rt. I could not have gotten this far without Diane's assistance, As I have mentioned before, the Process Improvement Group has supplied great input and ideas into the draft document. We have all spent much more time and energy in developing a draft than we originally anticipated, The results have deftnitely been worth it, I am looking fonvard to introducing the new ordinance to the public. I'm sure it will generate a lot of discussion, Due to the extra time spent on the project, I am requesting authorization for additional services in the amount of $5,500. This completes the initial draft phase and the public hearing phase of the process, I have the money available in my consulting budget. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT 660 E. WATERTOWER ROAD MERIDIAN, ill 83642 MERIDIAN CITY COUNCIL MEETING 1-//-tJ~ ~~~ APPLICANT REQUEST ITEM NO. 6:..- ff - ~ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: ~ IV &k cJ7&a-hh(}-~ I S'I/?? /JrI1;-v1~ dhut~ etL~/&~ SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: LbIJvvIo ~f 1~;rrze~PJ-;v~ O~ , r.erl'~aA... /h9pr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of MeridIan. ~p /",CITYOF _, '-/Vt erldiall~--]!~ '~"\ . IDAHO l -;" // , (~ /-' "\h;'lto) '. j,:;i Q If!/' I IlE.c\Sl'lU~ V.,U SHl~E '\ 19ij3 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaull Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-12341 fax 895-0390 Parks & Recreation 11 E. Bower Street 888-35791 fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-55331 fax 888-6854 Police 1401 E. Watertower Lane 888-66781 fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 J fax 898-955] - Building 660 E. Watertower Lane Suite 150 887-2211 1 fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-21911 fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 RECEIVED JAM 11 2005 C" of Meridian cIg Cle.tk Office January 11,2005 Eric R. Shannon, P_E. District Engineer Idaho Transportation Department P.O. Box 8028 Boise, Idaho 83707-8020 RE: Idaho 55, Eagle Road Arterial Study Workshop Dear Mr. Shannon: The City of Meridian endorses the results of the Idaho 55, Eagle Road Arterial Study Workshop and recommends that the Idaho Transportation Department implement the recommendations of the Workshop Final Report in the various phases of the Eagle Road Infrastructure Improvement projects. We gratefully note several improvements such as coordinated traffic signals, continuous medians with regular breaks for u-turns, and intersection improvements that accommodate better turning movements. We are also encouraged by the inclusion of context-sensitive features such as landscaping, detached pathways and bus pull-outs for future transit. The Workshop was a well-organized collaboration between Ada County; the cities of Meridian, Boise, and Eagle; the Ada County Highway District; the Community Planning Association of Southwest Idaho; and the Idaho Transportation Department. It further included participation and input from businesses, homeowner groups, education, transit and emergency response entities. Such a process ensures that the unique needs and desires of these diverse groups are recognized in developing sustainable transportation solutions, and we encourage continuing with such an approach in the future. Sincerely, Tammy de Weerd, Mayor City of Meridian CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-E\X 888-42]8 HU~L\N RESOURCES-R\X 884-8723 FINANCE & UTILITY BILLING-FAX 887-4813 MAYOR'S OFFICE-fi\X 884-8119 Keith Bird, President City Council Charlie Rountree, Vice President City Council Shaun Wardle City Council Christine Donnell City Council I' ( 'b\(:~r\ oW'e~;:di;~ MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-221l/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-21911 fax 884-0744 - Water 2235 N. W. 8th Street 888-S242/fax 884-1l59 RECEIVED JAN 11 2005 cjty of Meridian City Clerk Office January 11, 2004 Honorable Larry Craig Member of the Senate 520 Hart Senate Office Bldg. Washington, D.C. 20510 Honorable Michael Crapo Member of the Senate 239 Dirksen Senate Office Bldg. Washington, D. C. 20510 Honorable Mike Simpson Member of Congress 1339 Longworth House Office Bldg. Washington, D.C 20515 Honorable CL. "Butch" Otter Member of Congress 1711 Longworth House Office Bldg. Washington, D.C 20515 Dear Senators Craig and Crapo and Representatives Simpson and Otter: The City of Meridian adds its endorsement to the list of regional projects submitted for the reauthorization of TEA-21 by the Community Planning Association of Southwest Idaho (COMPASS). The City is a principal partner with COMPASS and we want to support the process and projects that are selected through the actions of the Board. The City of Meridian would also like to emphasize the need and the importance of the Ten Mile interchange along Interstate-84 as an additional critical regional need. Although not identified on the current list, we still feel that the priority of this project is paramount to relieve the congestion and gridlock that we are facing in western Ada County. We strongly believe that it is important to provide connectivity and transportation choices in the Treasure Valley. As always, we appreciate your support of projects that benefit the citizens of the City of Meridian. Sincerely, Tammy de Weerd, Mayor City of Meridian CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-E\X 888.4218 HU1.JAN RESOURCES -FAX 884-8723 FINANCE & UTILITY BILLING-FAX 887.4813 ,\IAYOR'S OFFICE- FAX 884.8119 Keith Bird] President City Council Charlie Rountree, Vice President City Council Shaun Wardle City Council Christine Donnell City Council January 7, 2005 MERIDIAN CITY COUNCIL MEETING January 11, 2005 APPLICANT City Council President - Keith Bird REQUEST Election of Officers Department Reports ITEM NO. 6~B-l AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DE?T: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: -wV PresIde _ III f A U I /' S ,r vJ6I'1lf" -, pre :; hft/,VY1- fol ~r}J ./ V fd ~;w Contacted: Emalled: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING 1-- /I-tl.s- APPLICANT "1/:6/4 rOf'7 lJ?(pl?UJtvf fiv6 ITEM NO, 7 - ~ REQUEST I Wd I0e-t tJJ ,,-h 1'1 A-Cj c:t /:;~ J AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. To: Mayor De Weercl & City Council From: Brad Watson, P.E. CC: File, Planning & Zoning, Lance Warnick, PE Date: 1/10/2005 Re: Tiburon Meadows Subdivision (FP 04-052) , ~Qf~ . ~. CITY OF r€,i1~, '. . '. "-" ~-....... erididH .0'& \ v. ID.'\HO .'" ~ J! -:-~\. . ~ ,.,,~ ........ Th,:,\5U>>': ",.v.' """ 119J 'Interoffice MenlO RECEIVED JAN 1 1 2005 City of Meridian City Clerk Office City Council approved the final plat for Tiburon Meadows on August 24, 2004, Site Specific Condition No, 6, which is a "boilerplate" condition originating from MCC 12-4-13, requires all waterways within or adjacent to the subdivision be tiled. The southwest boundary of Tiburon Meadows coincides with the centerline of the Eight Mile lateral. The applicant did not request that Council waive the requirement to tile the Eight Mile Lateral. Past developments up- and downstream of this project did not tile the Eight Mile Lateral. The City has had a policy of waiving the tiling requirement if the size of pipe needed to accomplish tiling is equivalent to 48" or larger diameter, However, as it now stands, the condition requires that the irrigation lateral be tiled. Lance Warnick, PE, of Treasure Valley Engineers, the applicanfs representative, provided me a letter, dated January 10, 2005, stating that a pipe approximately 60" diameter is necessary to tile the Eight Mile Lateral based on calculations he provided. Recommended Council Action: Waive the requirement to tife the Eight Mile Lateral for Tiburon Meadows Subdivision. ;!J From tbedesk of... Brad watson. P.E. Public Works Diredor Meridian Public Wa-ks Deparb.nent 660 E. Watertower Lane. Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 898-9551 wai8onb@meridia.org e Page 1 ~ 'Jan.l0. 2005 12:00PM No.0342 p. 1/3 ,~ VAILEy~~m~ ..;.:)~:~!:l!>'. U~~ ......._....... ++.r~'~ ,.. ...,,, . ,"" ~.':...::.,:,::::;:" ......1... , . ....- January] 0, 2005 RECEIVED .IAN 1 0 2005 City of Meridian Public Works Director Brad Watson, P,E. City of Meridian 660 East Watertower, Suite 200 Meridian, Idaho 83642 Sent 3 pages via facsimile to: (208) 898~955 I SUBJECT: REQUEST FOR DITCH TILING VARIANCE TIBURON MEADOWS SUBDIVISION MERIDIAN, ADA COUNTY, IDAHO Dear Mr. Watson: As we discussed on the phone on Friday, January 7, 2005, the Eight Mile Lateral forms the southwest boundary ofa portion of the proposed Tiburon Meadows Subdivisit)n. You indicated that the staff report currently indicates that the all irrigation laterals be tiled as part of the development. However it has been the City's policy in the past to not required ditches to be tiled, if the pipe size is at least 48 inches. According to Bill Henson of the Nampa-Meridian Irrigation District, the flow in the lateral at this point is approximately 4500 miners inches (90 cubic feet per second), In order to pipe the lateral and convey this flow. I estimate we would need a pipe apprmdmately 60 inches in diameter as shown on the attached calculations, Therefore we are requesting that the City waive the requirement to have the Eight Mile Lateral be tiled based upon the large size of the pipe required. Thank you for your help. Feel tree to call me at 463-0305 if you have any questions, Sincerely, ~~~~ Lance Warnick, P .E, Project Manager TreaSure Valley Engineers, Inc. cc: File 04025 . Ron Sargent (Developer) 395-0230 P:\Sargent\Tlburon Maadows\Clvll\Gorres\BWato11 a.doc Treasure Valley Engineers, Inc. 5680 E, Franklin Rd, Suite 220 Nampa, Idaho 83687 Phone: (208) 463-0305 Fax: (Z08) 463-4J9] Email: maii@TreusureValleyEngineers.com < Jan.l0, 2005 12:00PM No,0342 p, 2/3 ~VALLEY~~ . .'.:~' ,'. '. ......" ...... ~ Treasure Valley Engineers, lltc. Civil o.ltd Structural E,tglneerin~ / Land Surveying 5680 E. Franklin Ruad, Suil(,220 Nampa. idaho 83687 Project Feamre Irem ;?7S'V.ltPl"/ /l?4A~M/.$ F/dV/ r ".", u. ;; "d/'c- :!'"J!'d ~'A'Y'';~ Pllone: (20H) 46J-03()S Fax: (208) 463.4391 Email: mai{@TreasureVall(.YE"nKinee.~v.com Project No. ~~2~ Shed '3 Dcsi~ucd ~P-W.~H~ Dllte ~(//p/-~ Checked Date Find: Use Mannings Equation to Determine Capacity of Pipe Given: Pipe Diameter (D) Pipe flow area (A) :::: pi'" DI\2 /4 = Roughness coefficient (n) ::: Hydraulic Radius (R):::: D/4 Slope (s) ::: Number of Pipes (p) PVC :i:i.~i:;!i;~t;!~Qi;i);H)~;;t in . .., '1'9:63' , 'fe ,'t~~i~:i:!O~Oit3~'!~i;;;::~ ~4l~ " " "1',':2'S()' n, ,..... feet i;:it~~:~'~Q;~t~tY~~:t:;~:; .!UF6 ,,*6 Z. 1 Solution: Flow (q) :::: [1.49/ n .. A * R^213 * s^0.5] , Calculated Capacity or Flow (q) ~ Calculated Capacity or Flow (q) ~ 90.46 4523,14 cfs miners inches Mayor & City Council Hearing Date: August 24, 2004 Page 3 b, On landscape buffer adjacent to N. Ten Mile Rd.. please indicate that the lined area represents sod. _ c. Show a 10-foot wide gravel shoulder along Ten Mile and landscape remainder of right-of-way to sidewalk with lawn or other vegetative groundcover. A License Agreement will be reguired between the property owner and ACRD. 5. The applicant has indicated that NampafMeridian Irrigation District will own and maintain the pressure irrigation system within this development The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source, is not available, a single-point connection to the culinary wate~ system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the itrigable common areas prior to . on the final plat by the Meridian Ci En' ee " All irrigation ditches, laterals or canals. exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4~13, Plans will need to be approved by the appropriate irrigation/drainage district" or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature, 7. Street signs are to be in place. water system shall be approved and activated. pressurized irrigation system approved and activated, drainage lots constructed. fencing installed, and road base approved by the Ada County Highway District prior to applying for building pmts. All development improvements. including perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy_ A letter of credit or cash surety'in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on ~e final plat. 8, Sanitary sewer and water service to this site shall be via the existing mains in N. Ten Mile Road. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to' adjacent properties. Subdivision" designer to coordinate main sizing and routing with the Public Warks Department. Applicant shall. execute City of Meridian standard fonus of easements, for any mains that are required to provide service. 9: Applicant shall be required to pay Public Works development plan review, and construction inspection fees. as determined during the plan" review process, prior to signature on the final plat per Resolution 02-374. 10. Any drainage areas (detention/retention " basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a IOO-year storm event. All stonn drainage must be in compliance with MCC 12-13-14, Stonnwater Integration. FP-04-052 Exhibit "An Tiburon Meadows SuhFP.doc Interoffice Menlo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, Planning & Zoning, Lance Warnick, PE Date: 1110/2005 RECEIVED JAN 1 1 2005 Re: Tiburon Meadows Subdivision (FP 04-052) City of Meridian City Clerk Office City Council approved the final plat for Tiburon Meadows on August 24, 2004. Site Specific Condition No, 6, which is a "boilerplate" condition originating from MCC 12-4-13, requires all waterways within or adjacent to the subdivision be tiled. The southwest boundary of Tiburon Meadows coincides with the centerline of the Eight Mile Lateral. The applicant did not request that Council waive the requirement to tile the Eight Mile Lateral. Past developments up- and downstream of this project did not tile the Eight Mile Lateral. The City has had a policy of waiving the tiling requirement if the size of pipe needed to accomplish tiling is equivalent to 48" or larger diameter, However, as it now stands, the condition requires that the irrigation lateral be tiled. Lance Warnick, PE, of Treasure Valley Engineers, the applicanfs representative, provided me a letter, dated January 10, 2005, stating that a pipe approximately 60" diameter is necessary to tile the Eight Mile Lateral based on calculations he provided. Recommended Council Action: Waive the requirement to tife the Eight Mile Lateral for Tiburon Meadows Subdivision. ;f~ Fromthedeskof... Brad Watson, P.E. Public Wod<s Director Meridian Public Works Departn:lem 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 898-9551 WlIlsonb@meridiancity.org . Page 1 ~ Jan.10. 2005 12:00PM No.0342 p. 1/3 " V AI1El ENUThill~ ..i.:;~i~i~~i:~~;". U~~ .........<H.. "HH+" ... "HH +.... ~.,:..::.;:(:::~:(~ ....... L'" . ...... January J 0,2005 RECEIVED JAN 1 n 2005 City of Meridian Public Works Director Brad Watson, P.E. City of Meridian 660 East Watertower, Suite 200 Meridian, Idaho 83642 Sent 3 pages via facsimile to: (208) 898-9551 SUBJECT: REQUEST FOR DITCH TILING VARIANCE TIBURON MEADOWS SUBDIVISION MERIDIAN, ADA COUNTY, IDAHO Dear Mr. Watson; As we discussed on the phone on Friday, January 7, 2005, thc Eight Mile Lateral forms the southwest boundary of a portion of the proposed Tiburon Meadows Subdivision. You indicated that the staff report currently indicates that the all irrigation laterals be tiled as part of the development. However it has been the City's policy in the past to not required ditches to be tiled, if the pipe size is at least 48 inches. According to Bill Henson of the Nampa-Meridian Irrigation District, the flow in the lateral at this point is approximately 4500 miners inches (90 cubic feet per second). In order to pipe the lateral and convey this flow, 1 estimate we would need a pipe approximately 60 inches in diameter as shown on the attached calculations, Thercfore we are requesting that the City waivc the requirement to have the Eight Mile Lateral be tiled based upon the large size of the pipe required. Thank you for your help. Feel free to call me at 463-0305 if you have any questions. Sincerely~ ~~~C Lance Warnlck., P ,E, Project Manager Treasure Valley Engineers, Inc. cc: File 04025 . Ron Sargent (Developer) 395-0230 P~\Sargent\TIburon Meadows\Clvll\Gorres\BWato1 1 a.doc 'frea..<;ure Valley Engineers, Inc. 5680 E. Franklin. Rd~ Suite 220 Nampa, Idaho 83687 Phune: (208) 463-0305 Fax: (208) 463-4391 Email: mail@TrcaJlurcValleyEnginccrs..com Jan.l0, 2005 12:00PM No.0342 p. 2/3 PVALLEY~u~ ",">:;" .". '. ,'.:-:' ~~u ....., ~"-_:','";:'.''' /~ Treasure Valley Engineers:} Jut:. Civil and Structural ElIglneerinN / Land Surveying J680 E. Frcmklin Roud, Sui/(,220 Nampa, idaho 83687 Projttt Feahlre Item ;:;?SN'..re:;,y fl?,#AIr;;M#"S "tIN r ""'~,L. N ~/"e .:'~~t!!F ""~Y''''~ Pllon.e: (2()H) -'f1'l3-()305 Fax.: (2fJ8) 463.4391 limai/: mail@l.reasureJ/allcyEngineers.com Project No. ~P2-$' Shed :$ Designed ~pW~~'H~Date t2t/~L~ Checked Date Find: Use Mannings Equation to Determine Capacity of Pipe Given: Pipe Diameter (D) Pipe flow area (A) = pi 'It D^2/ 4 ;::; Roughness coefficient (n) :::: Hydraulic Radius (R) ;::; D/4 Slope (s);::; Number of Pipes (p) PVC :\;(~!!i~ii)~!~iiao~:!t!ii::,::t j n ........'.'1'9',63.... . ft2 .ft~0!;!:):!O.~o:it3:i!~:;;'>, ~Il~ . . . .. . '.".. .......................... 1 .250 feet ;:W;.~:~t~~1;~o/~[~~;;;i;~:; $4~".$ Z 1 Sofution: Flow (q) = [1,49/ n 'It- A * R^213 * s^0.5] . Calculated Capacity or Flow (q) ~ Calculated Capacity or Flow (Q) :: 90.46 4523.14 cfs miners inches Mayor & City Council Hearing Date: August 24, 2004 Page 3 b, On landscape buffer adjacent to N. Ten 1vfile Rd., please indicate that the lined area represents sod, ~ c, Show a 1O-foot wide gravel shoulder along Ten Mile and landscape remainder of right-of-way to sidewalk with lawn or other vegetative groundcover. A License Agreement will be reguired between the property owner and ACHD. 5. The applicant has indicated that NampaJM:eridian Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be "supplied by a year-round source of water. If a creek or well source. is not available, a single~point connection to the culinary water system shall be required, If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to , on the final plat by the Meridian Ci En' e . All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4~13, Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will he reviewed and approved by the Meridian City Engineer prior to final plat signature. 7. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and mad base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing,inigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy, A letter of credit or cash surety in the amount of 11 0% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc" prior to signature on the final plat. 8, Sanitary sewer and water service to this site shall be via the existing mains in N. Ten Mile Road, Applicant will be responsible to construct the sewer and water mains to and "through this proposed development, thereby making them available to > adjacent properties. Subdivision" designer to coordinate main sizing and routing with the Public Works Department. Applicant sha1~ execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9" Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan> review process, prior to signature on the final plat per Resolution 02-374. la, Any drainage areas (detention/retention"basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a lOO-year storm event. All storm drainage must be in compliance with MCC 12~13-14, Stonnwater Integration. FP-04-052 E1thibit "A" Tibufon Meadows Sub.FP.doc JanUary 7, 2005 AZ 04-022 MERIDIAN CITY COUNCIL MEETING January 11 r 2005 APPLICANT Packard Estates Development, LLC ITEM NO. 18 REQUEST Ordinance - Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zones for Redfeather Village Subdivision -- east of North Eagle Road and north of East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ITD: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted:~ )y1c-/('~. Date: I {,olds Phone: Emailed: ~~ M ca -'~ s+ ~~ Staff Initials: 'IJ!-- Materials presented at public meetings shall become property of the City of Meridian. See attached Ordinance ryV 0'/ll #0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) 05-1122- CITY OF MERIDIAN ORDINANCE NO. .04: PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land known as Redfeather Village Subdivision commonly located east of North Eagle Road and north of East Fairview Road, more commonly known as Section 4, Township 3 North, Range 1 East, Boise Meridian, Meridian, Idaho, more particularly described in Attachment "A". This parcel contains 4.91 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. The information contained in this legal description was derived from the data from Engineering Solutions as attached in Attachment "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 Meri~n, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the 1/ - dayof J~r ,2005"Uf.'1 \\ \ \h{J ii, \~.\\. .....s: ~R~<"." '\"''''V'' &'1fJ . "'tIj .......:<.~ . ~ ...~.;;: c).~POI't1)-; ~ ~>;', .i ~ ~ ... , 0.., = . I ~ , ~ SEAL ~ Mayor and City Council ~ . ". ~_ cf't? . i By: William G. Berg, Jr., City Clerk \ "\ ~f 1$"t ~ -".; i' f First Reading: / -/I-p ~ """'Irf~ . ;p,+- term., t/lll~~~* Adopted after first re~g by suspension oftht~ KUle as allowed pursuant to Idaho Code 9 50-902: YES NO Second Reading: Third Reading: - ORDINANCE SUMMARY - AZ 04-022 REDFEA THER VILLAGE SUBDIVISION - Page 1 of 1 ADA COUNTY RECORDER J. DAVID ( ,RRO AMOUNT ,00 5 BOISE IDAHO 01/13105 11:0B AM . DE~UTY Bonnie Oberbillig 111111111111111111111111I111111111111 RECORDED-REQUEST OF 105004849 MerIdian City ! ! CITY OF MERIDIAN ORDINANCE NO. lJo-!IZZ,. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-04-022 AKA REDFEA THER VILLAGE SUBDIVISION) FOR PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN.; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS AS R-8 (MEDIUM DENSITY) 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 A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated be reference as Exhibit HA" is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for allilexation and zoning by the City of Meridian, pursuant to Idaho Code 9 50~222, Category "B" annexation. SECTION 2. That the above-described real property is, and the same is hereby and annexed and zoned as R-8 (Medium Density Residential), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State ofIdaho, and the Ordinances ofthe City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances ofthe City of Meridian to annex and zone said property. ANNEXATION AND ZONING OF AZ-04-022 REDFEA THER VILLAGE SUBDIVISION Page 1 of3 SECTION 5. That the City Engineer is hereby directed to alter all use and ~rea maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date ofthis ordinance, duly file a certified copy ofthis ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials ofthe County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy ofthis ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) ofthe Members ofthe 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. APPROVED by the City Council of the City of Meridian, Idaho, this 1/ C day of Jdh.fAJ1/1.;1- ' 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this //-1}; day of J~,2005. Y de WEERD ANNEXATION AND ZONING OF AZ-04-022 REDFEATHER VILLAGE SUBDIVISION Page 2 of3 ATTEST: STATE OF IDAHO, ) : ss County of Ada ) On this / z If;. day of J ~ ~ ' 2005, before me, the undersigned, a Notary Public in and for said State, personally app ared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~.......~ rt''Ii ~.......~~\C'f. L. 84,1; ~.. ,""Y ~ ! l ..\OTA~ L. .. -. o\...... ~ .. : * : -.- .. ! . . .. \ ""0 ..oOBL\C j .. <P. · 0 ~ .. ../'10" "itlfoif ,- t- ~." ~ ,Q(f..... ~_fIi ....: ('1:: OF \1:> ~'.....<"' ..... .. ..".... orioN", II lIi.jll'\l ifJ 1) T1J!'RYPUBLICFORIDAHO I~~~~ING AT: er' liP' ~COMMISSION EXPIRES: 0'/;2() 0] ANNEXATION AND ZONING OF AZ-04-022 REDFEATHER VILLAGE SUBDIVISION Page 3 of3 IDAHO SU RVEY GROUP Exhi -4 'A' 1450 E~(Watertower St. Suite 150 Meridian, Idaho 83642 Phone (208) 846.8570 Fax (20S) $lH.5399 Project No. 04-108 June 23, 2004 DESCRIPTION FOR ANNEXATION PROPOSED REDFEATHER VILLAGE SUBOfVISION A parcel of land being Lot 8 of Georgianna Milk's First Subdivision as on file in Book 4 of Plats at Page 178, records of Ada county, Idaho located in the SW1/4 of the NE 1/4 of Section 4, T.3N., R.1E., 8.M., Ada County, Idaho more particularly described as follows: COMMENCING at a brass cap monument marking the East 1/4 corner of said Section 4 from which a brass cap monument marking the NE corner of said Section 4 bears North 00"29'31" West, 2611.68 feet thence along the East-West centerline of said Section 4 North 89"48'42" West, 1327.58 feet to the CE1/16 corner of said Section 4; thence continuing along said'East-West centerline North 89"47'00" West, 998.72 feet to the SE corner of said Lot 8, said point also being the REAL POINT OF BEGINNING; thence continuing along said East-West centerline North 89"47'00" West, 328.76 feet to the SW corner of said Lot 8; thence leaving said East-West centerline and along the West boundary line of said Lot 8 North 00037'48" East, 642.57 feet to the NW corner of said Lot 8; thence along the North boundary line of said Lot 8 South 89048'16" East, 328.56 feet to the NE corner of said Lot 8; thence along the East boundary line of said Lot 8 South OOo36'46"West, 642.69 feet to the REAL POINT OF BEGINNING, containing 4.85 acres, more or less, JUN 29 2004 .c, B~EV~'?~~ ~ , / MERIDIAN PUBLIC WORKS DEPT. S:\lSG Projects\Redfeather Estates Ph2 {04--108}\Documenls\redfeatherVillageANEXdesc.doc 2-d 66ES-i:>88 (802] S'l10~H aoe dRn:tn ~n ~? unr ~ N '- ........ ~ ~ eeA "' < ::2 ~~ - f52 l~ ..... \.J,J 1"1 u.afl- '" 2= J O\:::l31'VO\:::l3^018 'N . ,'<T -..... 5- (De :~ <> aU) LLI ' ~ ~ -jB ~ ..-:> z: .... 0 ~ @ ... z ,~ ~ 0 2- to ~ ~ g ..... $ 1!$! - ~ "d ..... \JJ ~ \..l.l w. ~ Z ::" ~ % w< ~~ ~. fa :.J \5S < 5 :<t- o > OJ ffi 17>" 0 w~ i!''' 0- :I: ;; i>. g ~ @.... e- u. ~ ~ ~ ,Q .... c> ... 'b ...... .;- ~ ~ Sf \:) ." ...... -('4 g 0 ~ .;- .- ill $- ~ ~ ~i ';;( ?- ~ g:", to g @w 14: (f)O:: ~ OW o..:I: ~ @~ O-u. @ 0:: to ~ ~ ~ g ill t :) (f)__ '4: (f) 51 6 aUJ .69'Zt9 M,.9f .9~.oo s ~ gffi o..:r: ~ ~ 01;;:( 0:: O::w ill UJ-- o..u.. -k7e: 6 0 18 00- d ~ ~~ OlD P\ *(1) t-:; ~ t: ~'& ..-:> ~~ ~--- ~ - o~ $ %70:- -!:;j: VI ~~ $ ~~ ~ lYt> ~ .L9'Zt9 3.SV.L~.oo N , S31'V1S3 \:::l3\-11'if3::103\:::l G_ .JdO\:::ld ~ January 7, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Plantation Place, LLP RZ 04-014 January 11, 2005 ITEM NO. 19 REQUEST Ordinance -- Request for a Rezone of 2.4 acres from R-4 to R-15 zones for Cedar Springs Place Subdivision - southwest corner of North Meridian Road and West Ashby Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DE?T: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ITD: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted:~ /t1~J< Dote: II to /b-;:;- !BPhone: g~~- 3~7r Emailed: ~.e. @ P5CU-cl-,.. COM Staff Initials: _ . ... Materials presented at public meeHngs shall become property of the City of Meridian. See attached Ordinance . -~ , Vv-~'~ ~ ___11'V ~~dfcl JlliI~s' NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. oq.. t/S -1(2, :3 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land known as Cedar Springs Place Subdivision commonly located at the south west comer of Meridian Road and W. Ashby Drive, more particularly described in Attachment "A". This parcel contains 2.4 acres more or less, Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed by Peterson Staggs Architects, LLP., and verified by the City of Meridian on or about September 24, 2004 and attached as 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 Meri~n, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the /1-- dayof ",~fiVI,t' ,~ 200S. ~ \,\l\\\lHIA4hlJ . ~~~'\Qf ~-:').../,~ , ~ ~~A.~ " -y ~ ~ ~ ~ ~ Mayor. ~d City Council . SEAL i By: WIlham G. Berg, Jr., CIty Clerk ~ ~.... ". f':l E ~ \....~ .,q; 10 , First Reading: I-II...-~ ~ \~~ " r1e"t'~~/ Adopted after first reading by suspension ot1lJ.~ alt~d pursuant to Idaho Code 50-902: YES X NO "~,~~"" Second Reading: Third Reading: - ORDINANCE SUMMARY - RE-ZONE OF RZ-04-014 CEDAR SPRINGS PLACE SUBDIVISION - Page 1 ADA COUNTY RECORDER J. DAVID C.ARRO BOISE IDAHO 01/13105 11:08 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian Cily AMOUNT ,00 5 11111(111I111111111111111111111111111 1135131348513 CITY OF MERIDIAN ORDINANCE NO. tJ5"""-1/2.3 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (RZ-04-014 AKA CEDAR SPRINGS PLACE SUBDIVISION) FOR PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY PLANTATION PLACE, LLP.; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 TO R-15 (HIGH DENSITY - MULTI FAMILY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated be reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit: Howell-Murdock Development SECTION 2. That the above-described real property is hereby re-zoned from R-4 (Medium Density) to R-15 (High Density - multi family) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to alUlex and zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE OF RZ-04-014 CEDAR SPRINGS PLACE SUBDIVISION - Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the 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 ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 1(I'~d.YOf J~/_ ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /Ir};: dayof J~?- ,2005. Y de WEERD ATTEST: E SUBDIVISION - Page 2 of 3 STATE OF IDAHO) ) ) ss. County of Ada ) Ou tlus /2 -If;. day of ,;a n t<--,:t; , 2005, before me, the undersigned, a Notary Pub Ii c in and for said State) personally app ared TAMMY de WEERD and WILLIAM G. BERG) JR., known to me to be the Mayor and City Clerk, respectively, ofthe CITY of Meridian) Idaho) and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~'''''''''''4'.. ,..<II Cl!. L. 8A1: ~##. !iii"" ~~ ......... '/.)> "..... :> '" .0. e. ..1-..... : "" 00 ... Tr ~ 1 : ~OTA~j \ : -: : 1.-*: .. * . ......... () III : !. : : - Y C e .. ~ ".P{J \.,\ ~ : ':! . B . ,: ~ <.P::;.... .0 4. C ~ ~ . . .,", ~ ill; -d .......... t>..'" "" "'#. 'f "h "('"\ V ",," "'....'" <e 0 F \Y ~...... ~f'"...u....l~ '/dJ OT.~RY PUBLIC FOR IDAHO E. IDING AT: tl/eddio.l'- ~ COMMISSION EXPIRES: 01/';>"o/D7 RE-ZONE OF RZ-04-014 CEDAR SPRINGS PLACE SUBDIVISION - Page 3 of 3 .,' E~h.ibi~ 'A' ,'~.' ~J~U-BA -~ Engineers Surveyors Planners Project: Date: 10-04-087 August 24, 2004 ASSISTED LIVING REZONE BOUNDARY DESCRIPTION A parcel of land being a portion of the South Y2 of Section 36, TAN" R,1W" B.M" Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at an alumjnum cap marking the Southeast corner of said Section 36; thence along the Easterly boundary of said SeCtion 36, North 00" 51'23" East, 1,123,91 feet to' a point; t~ence leaving the Easterly boundary of said Section36, North 89008'37" West, 35,00 feet to a point marking the Southeast corner of Ced,ar Springs Subdivision No, 2, as shown 'on the Official Plat thereof recorded in BOOK 86 of Plats at pages 9732 thru 9734 in the records of Ada County, Idaho; thence along the Southerly boundary of said subdivision North 89010'45" West, 35.00 feet to the POINT OF BEGINNING; . . thence leaving the boundary of said subdivision the following courses and distances: North 89010'45" West, 390,10 feet; North 00051 '23" East, 200.59 feet to a point on the Southerly boundary of said Cedar Springs Subdivision No, 2; thence along the boundary of said subdivision the follOwing courses and distances: North 19"38'54" West, 47,85 feet; North 70021'06" East, 30,36 feet to a point on a tangent curve; along said curve to the right 99.71 feet, having a radius of 280.00 feet, a central angle of 20024'15", tangents of 50,39 feet, and a long chord of 99,19 feet which bears North 80" 33'13" Eastro a point of tangency; South 89"14'50" East, 56.89 feet; South 83"05'50" East, 50.29 feet; South 86021' 50" East, 131,71 feet; South 89014'39" East, 22.34 feet; South 44011'38" East, 28,31 feet; South 00"51.'23" West, 241.99 feet to the POINT OF BEGINNING. Said parcel contains 2.40 acres, more or less, li).~ SEP 2 4 2004 Meridian Public Works Dept. END OF DESCRIPTION Prepared by: J.U-B ENGINEERS, Inc. Gary A. Lee, P,E.lL.S, GALljch:lhc ~ F:\PROJECTMANAGERS\GAl\10.04'087 " MURDOCH - FOWLER ASSISTED L1V1NG\DESCR1PTION\ASSISTED LIVING REZONE BOUNDARY.DOC ~ -CfJ -I rr1 ." 01 o~ .- ~ ~~ #r~ IJ~ -/12-3 ; ~ --s .gg:. 5tL:2 ~. MERIDIAN ROAD by~ SEP 2 4 2004 Meridian Public Works Dept. CEDAR SPRINGS PLACE S.W. CORNER OF MERIDIAN RD. 8< W. ASHBY DR. MERIDIAN IDAHO JanUary 7, 2005 MERIDIAN CITY COUNCil MEETING RZ 04-013 January 11, 2005 APPLICANT Westside Body Works ITEM NO. 20 REQUEST Ordinance - Request for a Rezone of 1.674 acres from C-C to C-G zones for Westside Body Works -- 210 East Fairview Avenue Ashby Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ITD: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: tD ot....~ Date: d I () (6S- Phone: ~ \( 3 -6do '7 EmaUed: bl ^ "I\.[ n @, [' ~'L, t AA- + staff Initials: 1....12- Materials presented at public meetings shall become property of the City of Meridian. See attached Ordinance (91-~~1Y J-(JI.J NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 84"- &S-- (/2'4- PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land known as Westside Body Works commonly located in the Southwest ~ of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 1,98 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed by Idaho Survey Group, P,C., and verified by the City of Meridian on or about September 27,2004 and attached as 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 MII~n, 33 East Idaho, Meridian, Idaho, This ordinance shall become effective on the - day of Ja-nUtJvl,tj- ,2005. l\ \1~11l tl ~t.< I" >Ji'il'. .,~,. #~ Of ME~':ff";r. ~~ c}....... ~ ~'Il'". ~ ~ j/:F ~% ....: .. . ~ ~ ORDINANCE SUMMARY - REZONE OF RZ-04-013 - WESTSIDE BODY WORKS - Page 1 /r.n__. ADA COUNTY RECORDER J. DAVIO NL.tlRO BOISE IDAHO 01/13/05 11:08 AM DEPUTY Bonnie Oberbillig RE~ORDED-REQUEST OF Meridian City AMOUNT ,00 5 1111111111111111111111111I11111111111 105004851 CITY OF MERIDIAN ORDINANCE NO. &{;-1/24- BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (RZ-04-013 WESTSIDE BODY WORKS) LOCATED IN THE SOUTHWEST 1,4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE- ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM C-C (COMMUNITY BUSINESS DISTRICT) TO C-G (GENERAL RET AIL& COMEMRCIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to-wit.. Bodine Family Trust. SECTION 2. That the above-described real property is hereby re-zoned from C-C (Community Business District) to C-G (General Retail & Commercial) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws ofthe State ofIdaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances ofthe City of Meridian to annex and zone said property. RE-ZONE OF RZ-04-013 WESTSIDE BODY WORKS - Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and ~rea maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts ofthe City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled, SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date ofthis 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 ofthe County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this J /f:!:- day of J t!t/n#~/f ,2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ) -rJ..-r LI - day of V ~t.Ji1/I~" , 2005. ~~~ MAYOR Y de WEERD RE-ZONE OF RZ-04-013 WESTSIDE BODY WORKS - Page 2 of 3 ATTEST: ) ) ss. County of Ada ) On this I Z t?-day of J ~"1tr ' 2005, before me, the undersigned, a Notary Public in and for said State, personally appear TAMMY de WEERD and WILLIAM G. BERG, JR., 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. ,0""."",,, "~I L ~..._ ~.." :\ CB ,8 A_ """#.fl ~.. 't-~ ..........~./';. ~"'t;, $ "" ... ... -$> ~ s ! ~OTA~,y ..\ \ ~ * ! _._~. ... E \ \ .fJ,trBL\C i ., .n " !!: '\ "'.;. .., 0 ~ +.. <1~. .......-. tp.q;:, ,~. OF 1"0 tt.:..P ..............,., (SEAL) RE-ZONE OF RZ-04-013 WESTSIDE BODY WORKS - Page 3 of 3 Sep 14 04 02:54p Joe Hicks (. ., (208) 884-5399 ,f i p.2 IDAHO SURVEY GROUP E)(h\~~ 'A' 1450 East Watertower St. Suite r 50 Meridian, Idaho 83642 Phone (20B) 846-8570 Fax '(208) 884-5399 Project No. 04-204 Westside Body Works Rezone CC to CG September 14, 20Q4 A parcel of land located in the Southwest ~ of Section 6, T.3N., R IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest comer of said Section 6, from which the South ~ comer of said section bears North 88001 '10" East, 2404.62 feet. Thence North 88001 '10" East, 921.62 feet to be the REAL POINT OF BEGINNING. Thence North 00013'50" West, 412.23 feet; Thence North 88001 '10" East, 209.03 feet; Thence South 00021 ' 46'~ East, 412.21 feet; to a point on the South line of said Section 6; Thence South 88001"10" West, 209.98 feet to the POINT OF BEGINNING. Containing 1.98 acres, more or less. Prepared By: Idaho Survey Group, P .C. MERIDIAN PUBliC WORKS DEPT. BR,(~~~~'0-Jl 2 1 2004 S:\WlP\TERRY\Pairview BOOine - ~tsidc Bodv Works Rezol}c;.doc d S -I'" r 0 f e $ $-' i;) n aT J.. 0 n u ,. v e y 0 r s Sero 27 04 12:0510 tes.t,. I( (20Pl 884-5399 /( I, p.2 &rdfl'L~CU P~-(124- . N 88.01'10" L - 209.03' . WESTSIDE BODY WORKS 1.98 Acres ZONING: CG z :t18 I\,'].J. i-vl"'!. t.lUl ~q ::E VI ~18 1\,'11'\5 j..,,1~. ..... ..j>, ~ 0'1" fTI 921,62' REAL POINT OF BEGINNING S.1 S.6 :;,1 2 S.7 209.98' 1273.02' {- 5.6 1/4 S.7 BASIS OF BEARING N 8S"01'10" E . 2404.62' is' IDAHO '4~C 1;, WATE.'lTOWER ST. SURVEY ~~:'~.IOAHOS364~ GROUP, P.c. (~OBI64S-857D REZONE EXHIBIT DRAWING FOR WESTSIDE BODY WORKS JOB NO, 04-204 SHEET NO. 1 OF 1 DWG.. DAlE 09.27.04 LOCATED IN 1HE SW 1/4 OF SECllOf'l IS, T.JN., R.1E., 6.1.4.. ADA COUNlY, IDAHO January 7, 2005 MERIDIAN CITY COUNCIL MEETING AZ 04-028 January 11, 2005 APPLICANT Pinnacle Engineers, Inc. ITEM NO. 21 REQUEST Ordinance - Request for Annexation and Zoning of 43.83 acres from RUT to R-4 & L-O zones for Strada Bellissimo Subdivision -- northwest corner of Victory Road and State Highway 69 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLlCE DE?T: CITY FIRE DE?T: CITY BUILDING DE?T: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ITD: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted~~ W'ldC~J'-' Date: ~ Phone: Emailed:AA\l..e..M€.~\(\(\c..cl~--c(\~~M.-e.(S~COMStaff Initials: --':J2- Materials presented at public meetings shall become property of the City of Meridian. See attached Ordinance @;r~1/~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. ~ tJ S- - I (2 ~ PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land known as Strada Bellissima Subdivision commonly located at the northwest corner of Meridian Road (SH69) and Victory Road, more commonly known as Section 24, Township 3 North, Range 1 East, Boise Meridian, Meridian, Idaho, more particularly described in Attachment "A", This parcel contains 43.83 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. The information contained in this legal description was derived from the data from Pinnacle Engineers, Inc., as attached in Attaclunent "B", and is not based on an actual field survey. A full text ofthis ordinance is available for inspection at City Hall, City of Mi/$J..n, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the - dayof ~7ahJA..M.;- , 20 ......~. \t. ;; - ORDINANCE SUMMARY - AZ 04-028 STRADA BELLIS SIMA SUBDIVISION Page 1 of 1 CITY OF MERIDIAN ORDINANCE NO. (fl S- -II Z'? BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-04-028 AKA STRADA BELLIS SIMA SUBDIVISION) FOR PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN.; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS AS R-4 (LOW DENSITY) AND L-O (LIMITED OFFICE) 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 A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated be reference as Exhibit "A" is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and zoning by the City of Meridian, pursuant to Idaho Code S 50-222, Category "B" annexation. SECTION 2. That the above-described real property is, and the same is hereby and annexed and zoned as R-4 (Low Density Residential) and L-O (Limited Office), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property, SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws ofthe State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION AND ZONING OF AZ-04-028 STRADA BELLISSIMA SUBDIVISION Page 1 of3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law, SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the 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 ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy ofthis ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (l/2) plus one (1) ofthe 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. APPROVED by the City Council of the City of Meridian, Idaho, this 1/ I!day of J~,;w'1 ,2005. APPRO~ED by the Mayor of the City of Meridian, Idaho, this //~ day of <.T~.:J ,2005. -~~ de WEERD ANNEXATION AND ZONING OF AZ-04-028 STRADA BELLISSIMA SUBDIVISION Page 2 of 3 ATTEST: -/!Aft-;A ~ 9--- CITY CLERK STATE OF IDAHO~ ) : 5S County of Ada ) On this /;..1!:: day of J ~{;U,f,'1.-' ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR" known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF~ I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ANNEXATION AND ZONING OF AZ-04-028 STRADA BELLIS SIMA SUBDIVISION Page 3 of3 ~ \ .~\A' Exhibit "A" (fuhole tl+e) A parcel ofland for the purpose of annexation located in the SEl/4 of Section 24, TO'NJ.1ship 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Beginning at a 5/8 inch rebars marking the NE comer ofthe SEl/4 of the SE1I4 of said Section 24, thence along the East line of said Section 24, SOo039'09"W a distance of 1330.32 feet to a brass cap monument marking the SE comer of the SEl/4 of said Section 24, Thence leaving said East line and along the South line of Said Section 24, also being the centerline ofW. Victory Road, thence N89020'52"W a distance of213.76 feet to a point; Thence Leaving said South line, continuing along said centerline and along an arc of a curve to the right having a radius of200.00 feet, an arc length of 138.93 feet, a central angle of39048'02", and a chord bearing ofN69026' 51"W a distance of 136.15 feet to a 5/8 inch rebar; Thence N49032' 50"W a distance of 56.3 0 feet to a 5/8 inch rebat; Thence leaving said centerline N56012' 13"E a distance of 92.17 feet to a 5/8 inch rebar; Thence N280lO'13"E a distance of30.42 feet to a 5/8 inch rebar; Thence N05036'09"E a distance of 56.62 feet to a 5/8 inch rebat; Thence N89047' 19"W a distance of 189.78 feet to a 5/8 inch rebar; Thence SOo043' 18"W a distance of 73.24 feet to a 5/8 inch rebar on the centerline of said W. Victory Road; Thence along the centerline of W. Victory Road and along an arc of a curve to the left having a radius of 350.00 feet, an arc length of 89.16 feet, a central angle of 14035'45", and a chord bearing ofN73 006' 58"W a distance of 8 8.92 feet to a 5/8 inch rebar; Thence N80024' 52"W a distance of 514.81 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of250,OO feet, an arc length of 137.15 feet, a central angle of31026'00", and a chord bearing of S83052'08"W a distance of 135.44 feet to a 5/8 inch rebar; Thence S68009'08"W a distance of 44.82 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of 100.00 feet, an arc length of 27.08 feet, a central angle oflS030'48", and a chord bearing ofS60023'44"W a distance of 26.99 feet to a 5/8 inch rebar; Thence S52046'39"W a distance of 59.08 feet to a 5/8 inch rebar marking the interSection of the centerline of West Victory Road and the West line of the SEl/4 of the SEl/4 of said Section 24; Thence leaving the centerline of said West Victory Road and the West line of said SE 1/4 of the SE1/4 of said Section 24, S2801 7'51"W a distance of 186.24feet to a 5/8 inch rebar on the South line of said Section 24; Thence along the South line of said Section 24 N89020' 52"W a distance of 88.94 feet to a 5/8 inch rebar; Thence leaving said South line N03059'OTE a distance of292.17 feet to a 5/8 inch rebar; Thence N08035'25"W a distance of202.79 feet to a 5/8 inch rebar; Thence NOoo08'33"E a distance of 191.01 feet to a 5/8 inch rebar; Thence N29033'06"W a distance of 132.04 feet to a 5/8 inch rebar; C046123 _annexJega!_ 091404wdg.doc Thence N2001T09"W a distance of 113.33 feet to a 5/8 inch rebar; Thence NOo050'12"E a distance of 232.28 feet to a 5/8 inch rebar; Thence NOs032'42"E a distance of 438.11 feet to a 5/8 inch rebar; Thence N85012'48"E a distance of265.57 feet to a 5/8 inch rebar on the East line of the NWl/4 of the SEl/4 of said Section 24; Thence along said East line S00045 '25"W a distance of 267.98 feet to a 5/8 inch rebar marking the NW comer of the SEl/4 of the SEl/4 of said Section 24; Thence leaving said East line and along the North line of the SEl/4 of the SEl/4 of said Section 24 S89024'54"E a distance of 1317.34 feet to the POINT OF BEGINNING; Said parcel contains 43.83 acres more or less and is subject to all existing easements and rights-of-ways of record or replied. , I ~ " REV@W pPRey~~ v-- 6~ OC'\ ,\.\ 200!, pUBLIC MW~rl~~ DEPT. CQ46123 _anneIUegal_ 091404wdg.doc Exhibit "A" (!Z t S i df (L -ti tt\ ') A parcel ofland located in the SE1I4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Commencing at an aluminum cap monument marking the SE comer of said Section 24, thence along the South line of said SEl/4, N89020'52"W a distance of 1320.10 feet to an aluminum cap monument marking the SW comer of the SE1I4 of said SE1I4, thence continuing along said South line N89020' 52"W a distance of 86.08 feet to a 5/8 inch rebar being the POINT OF BEGINNING: Thence continuing along said South line N89020'52"W a di.stance of 88.94 feet to a 5(8 inch rebar; Thence leaving said South line N03059'0T'E a distance of292.17 feet to a 5/8 inch rebar; Thence N08035'25"W a distance of202.79 feet to a 5/8 i.nch rebar; Thence NOoo08'33"E a distance of 191.01 feet to a 5/8 inch rebar; Thence N29033'06"W a distance of 132.04 feet to a 5/8 inch rebar; Thence N2001T09"W a distance of 113.33 feet to a 5/8 inch rebar; Thence NOQ050'12"E a distance of 232.28 feet to a 5/8 inch rebar; Thence N05032'42"E a distance of 438.11 feet to a 5(8 inch rebar; Thence N85012'48"E a distance of265.57 feet to a 5/8 inch rebar on the East line ofthe NW1I4 of the SEl/4 of said Section 24; Thence along said East line SOo045'25"W a distance of267.98 feet to a 5/8 inch rebar marking tneNW Gomer ofthe SE1/4.ofth€ SEl/4 of said SectiEm24.; Thence leaving said East line and along the North line ofthe SE1I4 of the SEl/4 of said Section 24 S89024'54"E a distance of 1252.33 feet to a 5/8 inch rebar; Thence leaving said North line SOo039'09"W a distance of34.77 feet to a point; Thence N89025' 31"W a distance of 1 05 .00 feet to a 5/8 inch rebar; Thence S82002'44"W a distance of 101.14 feet to a 5/8 inch rebar; Thence SOo039'09"W a distance of 932.13 feet to a 5/8 inch rebar; Thence N89020'52"W a distance of253.94 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of 20.00 feet, an arc length of 28.30 feet, a central angle of 81004'00", and a t:~lord beari.ng of S5.o007' 10"W a distance. of26.00 feet to a 5/8 inch rebar; Thence S09035'10"W a distance of 119.82 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of20.00 feet, an arc length of 30.62 feet, a central angle of 87043'53", and a chord bearing of S34016'47"E a distance of27.72 feet to a 5/8 inch rebar; Thence along an arc of a curve to the right having a radius of 385.00 feet, an arc length of 67.77 feet, a central angle of 10005'06", and a chord bearing of S73006' 10"E a distance of 67.68 feet to a 5/8 inch rebar; Thence S00043' 18"W a distance of 27.08 feet to a 5/8 inch rebar on the centerline of West Victory Road; Thence along the centerline of West Victory Road and along an arc of a curve to the left having a 350.00 feet, an arc length of 89.16 feet, a central angle of 14035'45", and a chord bearing ofN73006' 58"W a distance of 88.92 feet to a 5/8 inch rebar; C046123 boundary subdivision le9.al 091404wMdl\c Thence N80024'54"W a distance of 514.81 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of250.00 feet, an arc length of 137.15, a central angle of 3 1026'00", and a chord bearing of S83052'08"W a distance of 135.44 feet to a 5/8 inch rebar; Thence S68009'08"W a distance of 44.82 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of 100.00 feet, an arc length of 27.08 feet, a central angle of 15030'48", and a chord bearing of S60D23'44"W a distance of26.99 feet to a 5/8 inch rebar; Thence S52046'39"W a distance of 59.08 feet to a 5/8 inch rebar marking the intersection of said centerline and the West line of the SEl/4 of the SEl/4 of said Section 24; Thence leaving said centerline and the West line of the said SEl/4 of the SEl/4 S28017'51"W a distance of 186.24 feet to the POINT OF BEGINNING. Said parcel contains 35.55 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. B~EV~~r-.O ~ V" OCT 'j, i 2004 MERIDIAN PUBLIC WORKS DEPT. C046123 boundarv ~nhrtivi<i,.,n lpo,1 I\OJA""","" A~" Exhibit "A" ~e Buildings A parcel ofland located in the SEl/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Conunencing at an 5/8 inch rebar marking the NE comer of the SEl/4 of the SEl/4 of said Section 24, thence along the East line SOoo39'09"W a distance of 1330.32 feet to an aluminum cap monument marking the SE comer of the SEl/4 of said Section 24, also being on the centerline of W. Victory Road, thence leaving said East line and along the South line of said section 24, also being the centerline of W. Victory Road, N890:20'52"W a distance of213.76 feet to a point, thence leaving said South line, continuing along said centerline and along an arc of a curve to the right having a radius of 200.00 feet, an arc length of 138.93 feet, a central angle of 39048'02", and a chord bearing ofN69026'51"W a distance of 136.15 feet to a point, thence continuing on said centerline, N49032'50"W a distance of39.86 feet to a 5/8 inch rebar marking the POINT OF BEGINNING; Thence continuing on said centerline N49032'50"W a distance of 16.41 feet to a 5/8 inch rebar; Thence leaving said centerline N56012' 13"E a distance of 92.17 feet to a 5/8 inch rebar; Thence N2801 0' 13"E a distance of 30.42 feet to a 5/8 inch rebar; Thence N05036'09"E a distance of 56.62 feet to a 5/8 inch rebar; Thence N89047' 19"W a distance of 189.78 feet to a 5/8 inch rebar; Thence SOoo43'18"W a distance of 46.16 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of 385.00 feet, an arc length of 67,77 feet, a central angle of 10005'06", and a chord bearing ofN73006'10"W a distance of 67.68 feet to a 5/8 inch rebar; Thence along an arc of a curve to the right having a radius of 20.00 feet, an arc length of 30.62 feet, a central angle of8JD43'53", and a chord bearing ofN34016'4T'W a distance of27.72 feet to a 5/8 inch rebar; Thence N090i')' lO"E a distance of 1} 9.82 feet to a 5/8 inch rebar; Thence along an arc of a curve to the right having a radius of 20.00 feet, an arc length of 28.30 feet, a central angle of 81004'00", and a chord bearing ofN5000T 10"E a distance of 26.00 feet to a 5/8 inch rebar; Thence S89020'50"E a distance of253.94 feet to 5/8 inch rebar; Thence NOoo39'09"E a distance of 932.13 feet to a 5/8 inch rebar; Thence N82002'44"E a distance of 101.14 feet to a 5/8 inch rebar; Thence S89025'31"E a distance of 105.00 feet to a point; Thence SOoo39'09"W a distance of 1210.31 feet to a 5/8 inch rebar; Thence N89020'52"W a distance of 10.00 feet to a 5/8 inch rebar; Thence SOoo39'09"W a distance of 16.97 feet to a 5/8 inch rebar; Thence S55046' 12"W a distance of 48.72 feet to a brass cap monument; Thence N89020' 52"W a distance of 57,05 feet to a 5/8 inch rebar; C046123 _boundary_office buildings _Iegal_ 091304wdg. doc Thence along an arc of a curve to the right having a radius of 318.31 feet, an arc length of 194.44 feet, a central angle of35000'00", and a chord bearing ofN73054'48"W a distance of 191.44 feet to a 5/8 inch rebar; Thence S39057'56"W a distance of25.09 feet to the POINT OF BEGINNING. Said parcel contains 6,91 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. " REVIVW APPROVt,(L,.D/1 / BY ~I - I!.../ "7 '';'''. ~Jl lA, I 1. I'J\ER\O\AN PUBl...lC WORKS DEPT. C046123 _boundary_office buildings _legal_ 091304wdg.doc 100 I ilittID EXHIBIT "B" OFFICE PORTION A POIm:ON OF THE SEl/4 OF SG:Cl10N 24 TOmiSHIP 3 NORTH. lUNGE 1 lrEST. aO[SE lJl!.RltlL\N em OF UEItIDtAN. ADA COUNT"(, IDAHO 200-l o 50 I 100 I SCALE 1" 1 00' ---- OOU~UHf ..,- --.- Il~Coorn1)N( FtC\O.D RP:ittT-Cl-""AI' fouttl;l r>Jo.-JO- REIW1 SET ~/.e.-.Jo- ~(EVJl 't!I!~ IJAI'lKro L.lI, S'Ull "woo. l,!1U.$$ ClP r~.mCl-~I\lUC>>' c.u.c;w-rt~ ""-""rt CURVE Cl C2 C3 C4 C5 LENGTH 67.77 30.62 2B.30 194,44 13B,93 G . o III CURVE TABLE RAmus DELTA CHORD BEARING 3B5.00 10'05'06' N73'06'10'IJ 20.00 B7'43'S3' N34'16'47'V 20.00 B1'04'00' NSO'07'10'E 318.31 3S'OO'00' N73'S4'4B'IJ 200.00 39'48'02' N69'26'SI'IJ F' e t)r~PI/J1:U/ /J 5' -/ (2-5" - HEI'iI'ZS'.ll"":e: 11~~~ICiMO'-=1 r - -..~-- n_ I , : .. . I ).--. : J 200 I I I-~--~-' ,.------ --- I I ~I'" i~ ,.------ I I I 1 ~---- ---- CHORD 67.68 27.72 26.00 191.44 136.15 1'--~,----, _____ ___ , I I I r-- -- ~- I I ---- - --I I L_.~__ _~ _.,. rr - - - --'"~~- - - - - J ,. 'u, 1-~--~-- ~J:;" l'g, r! _ _ --!!!~ -\':L-.. _ _ ____._ ~K '''''''J ~} ~~ .... 4J'1!l'.E: ~rti "laloCl !t'. "'l ~I:.5"JO'~J'! JeA-,,' ,< -#!~~$ ~_c. ....----- ':io~'I.~ 'j/l~::m'~2"W ~..~:. 57.0~' ~ WEST VICTORY RO~- DETAIL FILENAME: C046123_exhibit_office.dwg CREATION DATE: 09-14-04 PINNACLE ORAWN BY: WDG CHECKED BY, HWE Engineers, Inc. 12552 ~.( C"''I'eu~l\oll! Dr,. StjJh:: B+ 8~L~II< l~cI'\c- BJ'~J (:20tl) IHI1-nGO lI.an(l':!O:!:~ ~1J.n;' I I t r -It I NE CORNrn OF lHE SEI/4 OF THE SE1/4 ~ o 1'. P: .~~ Z ~~ ~ ~- e P: ~ ~ '%?;';'l'W "'"Ji:iP 24 HI 25 I 30 (.. ADA COUNTY RECORDER J. DAVID NAVt.,."Q AMOUNT ,00 10 BOISE IDAHO 01/13/05 11:08 AM DEAUTY Bonnie Oberbillig 111111111 illlll 111111111111 111111 1 III RECORDED-REQUEST OF . 105004852 Merldi an City CITY OF MERIDIAN ORDINANCE NO. {J 5" -II Z. ~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-04-028 AKA STRADA BELLISSIMA SUBDIVISION) FOR PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN.; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS AS R-4 (LOW DENSITY) AND L-O (LIMITED OFFICE) 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 A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated be reference as Exhibit "A" is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and zoning by the City of Meridian, pursuant to Idaho Code S 50-222, Category "B" annexation. SECTION 2. That the above-described real property is, and the same is hereby and annexed and zoned as R-4 (Low Density Residential) and L-O (Limited Office), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances ofthe City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION AND ZONING OF AZ-04-028 STRADA BELLIS SIMA SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and ~rea maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts ofthe City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the 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 ofthe County of Ada, State ofIdaho, 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 ofIdaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (l) 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. APPROVED by the City Council of the City of Meridian, Idaho, this 1/ fA day of -=- ..(j ~ (/(/lV;, 2005. J 1,/4 APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of <T~,2005. de WEERD ANNEXATION AND ZONING OF AZ-04-028 STRADA BELLIS SIMA SUBDIVISION Page 2 of3 ATTEST: Jift-:A~cr CITY CLERK STATE OF IDAHO, ) : ss County of Ada ) On this !2t; day of V ~U&Vt.:J ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ANNEXATION AND ZONING OF AZ-04-028 STRADA BELLISSIMA SUBDIVISION Page 3 of 3 E7xn\ W 4 \ , Exhibit "A" (,uhole ;l+e) A parcel ofland for the purpose of annexation locatedin the SE1/4 of Section 24, " Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Beginning at a 5/8 inch rebars marking the NE comer of the SEl/4 of the SEl/4 of said Section 24, thence along the East line of said Section 24, S00039'09"W a distance of 1330.32 feet to a brass cap monument marking the SE comer of the SEl/4 of said Section 24, Thence leaving said East line and along the South line of Said Section 24, also being the centerline ofW. Victory Road, thence N89020'52"W a distance of213.76 feetto a point; Thence Leaving said South line, continuing along said centerline and along an arc of a curve to the right having a radius of200.00 feet, an arc length of 138.93 feet, a central angle of 39048'02", and a chord bearing ofN69026'51"W a distance of 136.15 feet to a 5/8 inch rebar; Thence N49032' 50"W a distance of 56.30 feet to a 5/8 inch rebar; Thence leaving said centerline N56012' 13"E a distance of 92.17 feet to a 5/8 inch rebar; Thence N280lO' 13"E a distance of 30.42 feet to a 5/8 inch rebar; Thence N05036'09"E a distance of 56.62 feet to a 5/8 inch rebar; Thence N89047' 19"W a distance of 189.78 feet to a 5/8 inch rebar; Thence S00043' 18"W a distance of 73 .24 feet to a 5/8 inch rebar on the centerline of said W. Victory Road; Thence along the centerline of W. Victory Road and along an arc of a curve to the left having a radius of350.00 feet, an arc length of 89.16 feet, a central angle of 14035'45", and a chord bearing ofN73006'58"W a distance of 88.92 feet to a 5/8 inch rebar; Thence N80024' 52"W a distance of 514.81 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of250.00 feet, an arc length of 137.15 feet, a central angle of 31026'00", and a chord bearing of S83052'08"W a distance of 135.44 feet to a 5/8 inch rebar; Thence S68009'08"W a distance of 44.82 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of 100.00 feet, an arc length of 27.08 feet, a central al1g1e of15030'48", and a chord bearing ofS60023'44"W a distance of 26.99 feet to a 5/8 inch rebar; Thence S52046'39"W a distance of 59.08 feet to a 5/8 inch rebar marking the interSection of the centerline of West Victory Road and the West line of the SEl/4 of the SE1/4 of said Section 24; Thence leaving the centerline of said West Victory Road and the West line of said SE 1/4 of the SEl/4 of said Section 24, S2801T51"W a distance of 186.24feet to a 5/8 inchrebar on the South line of said Section 24; Thence along the South line of said Section 24 N89020'52"W a distance of 88.94 feet to a 5/8 inch rebar; Thence leaving said South line N03059'07"E a distance of292.17 feet to a 5/8 inch rebar; Thence N08035'25"W a distance of202.79 feet to a 5/8 inch rebar; Thence NOoo08'33"E a distance of 191.01 feet to a 5/8 inch rebar; Thence N29033'06"W a distance of 132.04 feet to a 5/8 inch rebar; C046123_annexJegal_091404wdg.doc Thence N20017'09"W a distance of 113.33 feet to a 5/8 inch rebar; Thence NOo050' 12"E a distance of232.28 feet to a 5/8 inch rebar; Thence N05032'42"E a distance of 438.11 feet to a 5/8 inch rebar; Thence N85012'48"E a distance of265.57 feet to a 5/8 inch rebar on the East line of the NW1/4 of the SEl/4 of said Section 24; Thence along said East line SOo045'25"W a distance of267.98 feet to a 5/8 inch rebar marking the NW corner of the SEl/4 ofthe SEl/4 of said Section 24; Thence leaving said East line and along the North line of the SEl/4 of the SEl/4 of said Section 24 S89024' 54"E a distance of 1317.34 feet to the POINT OF BEGINNING; Said parcel contains 43.83 acres more or less and is subject to all existing easements and rights-of-ways of record or replied. ,.t .... REVqW yPRray~~ v--- B'{~ QC\ 1 , 20Gb, PUBLIC MERIDIAN DE-Pi. WORKS C046123 _annex Jegal_ 091404wdg.doc Exhibit '"A" ( !Zt 51 d.fflll oJ) A parcel of land located in the SE1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Commencing at an aluminum cap monument marking the SE corner of said Section 24, thence along the South line of said SE1I4, N89020'52"W a distance of 1320.10 feet to an aluminum cap monument marking the SW comer of the SEl/4 of said SE1I4, thence continuing along said South line N89020'52"W a distance of 86.08 feet to a 5/8 inch rebar being the POINT OF BEGINNING: Thence continuing along said South line N89020'52"W a distance of 88.94 feet to a 5/8 inch rebar; Thence leaving said South line N03059'OTE a distance of292.17 feet to a 5/8 inch rebar; Thence N08035'25"W a distance of202.79 feet to a 5/8 inch rebar; Thence NOoo08'33"E a distance of 191.01 feet to a 5/8 inch rebar; Thence N29033'06"W a distance of 132.04 feet to a 5/8 inch rebar; Thence N20017'09"W a distance of 113.33 feet to a 5/8 inch rebar; Thence NOoo50' 12"E a distance of232.28 feet to a 5/8 inch rebar; Thence N05032'42"E a distance of 438.11 feet to a 5/8 inch rebar; Thence N85012'48"E a distance of265.57 feet to a 5/8 inch rebar on the East line ofthe NWl/4 of the SEl/4 of said Section 24; Thence along said East line SOQo45'25"W a distance of 267.98 feet to a 5/8 inch rebar marking the NW COFn€f of the SE1/4,o.fthe S.E1I4 of said Sectio.a24.; Thence leaving said East line and along the North line ofthe SE1I4 of the SE1I4 of said Section 24 S89024'54"E a distance of 1252.33 feet to a 5/8 inch rebar; Thence leaving said North line SOo03 9' 09"W a distance of 34.77 feet to a point; Thence N89025 '31"W a distance of 1 05.00 feet to a 5/8 inch rebar; Thence S82002'44"W a distance of 101.14 feet to a 5/8 inch rebar; Thence SOoo39'09"W a distance of932.13 feet to a 5/8 inch rebar; Thence N89020'52"W a distance of253.94 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of20.00 feet, an arc length of 28.30 feet, a central angle of 81004 'DO", and a c!lord bearingc>f 850007' 1 O"W a distance of26.00 feet to a 5/8 inch rebar; Thence 809035'10"W a distance of 119.82 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of20.00 feet, an arc length of 30.62 feet, a central angle of 87043'53", and a chord bearing of 834016'47"E a distance of 27 .72 feet to a 5/8 inch rebar; Thence along an arc of a curve to the right having a radius of 3 85.00 feet, an arc length of 67.77 feet, a central angle of 10005'06", and a chord bearing of 873006'10"E a distance of 67.68 feet to a 5/8 inch rebar; Thence 800043' 18"W a distance of27.08 feet to a 5/8 inch rebar on the centerline of West Victory Road; Thence along the centerline of West Victory Road and along an arc of a curve to the left having a 350.00 feet, an arc length of 89.16 feet, a central angle of 14035'45", and a chord bearing ofN73006' 58"W a distance of 88.92 feetto a 5/8 inch rebar; C046 t 23 ~ boundary _5ubdivision_legal_091404wdg,dOc Thence N80024' 54"W a distance of 514.81 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of250.00 feet, an arc length of 137.15, a central angle of 31026'00", and a chord bearing of S83052'08"W a distance of 135.44 feet to a 5/8 inch rebar; Thence S68009'08"W a distance of 44.82 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of 100.00 feet, an arc length of 27.08 feet, a central angle of 15030'48", and a chord bearing of 860023 '44"W a distance of26.99 feet to a 5/8 inch rebar; Thence S52046'39"W a distance of 59.08 feet to a 5/8 inch rebar marking the intersection of said centerline and the West line of the SEl/4 of the 8El/4 of said Section 24; Thence leaving said centerline and the West line of the said SE1I4 of the SEl/4 S28017'5l"W a distance of 186.24 feet to the POINT OF BEGINNING. Said parcel contains 35.55 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. REV'J/l:!!!.HOVy. 0 ~ ..., BY ./_I~ P" 1 1 MERIDIAN PUBLIC WORKS DEPT. C046123 boundary subdivision legal 091404wdQ doc: Exhibit "A" Office Buildings ----- A parcel of land located in the SEl/4 of Section 24, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Commencing at an 5/8 inch rebaI' marking the NE corner of the SEl/4 of the SEl/4 of said Section 24, thence along the East line SOo039'09"W a distance of 1330.32 feet to an aluminum cap monument marking the SE corner of the SE1/4 of said Section 24, also being on the centerline of W. Victory Road, thence leaving said East line and along the South line of said section 24, also being the centerline ofW. Victory Road, N89020'52"W a distance of213.76 feet to a point, thence leaving said South line, continuing along said centerline and along an arc of a curve to the right having a radius of 200.00 feet, an arc length of 138.93 feet, a central angle of 39048'02", and a chord bearing ofN69026' 51"W a distance of 136.15 feet to a point, thence continuing on said centerline, N49032'50"W a distance of 39.86 feet to a 5/8 inch rebar marking the POINT OF BEGINNING; Thence continuing on said centerline N49032'50"W a distance of 16.41 feet to a 5/8 inch rebar; Thence leaving said centerline N56012' 13"E a distance of92.17 feet to a 5/8 inch rebar; Thence N28010'13"E a distance of 30.42 feet to a 5/8 inch rebar; Thence N05036'09"E a distance of 56.62 feet to a 5/8 inch rebaI'; Thence N89047' 19"W a distance of 189.78 feet to a 5/8 inch rebar; Thence S00043' 18"W a distance of 46.16 feet to a 5/8 inch rebar; Thence along an arc of a curve to the left having a radius of385.00 feet, an arc length of 67.77 feet, a central angle ofloo05'06", and a chord bearing ofN73006'10"W a distance of 67.68 feet to a 5/8 inch rebar; Thence along an arc of a curve to the right having a radius of 20.00 feet, an arc length of 30.62 feet, a central angle of 87043'53", and a chord bearing ofN34016'4T'W a distance of27.72 feet to a 5/8 inch rebar; Thence N090iS' lO"E a distance of 119.82 feet to a 5/8 inch rebar; Thence along an arc of a curve to the right having a radius of 20.00 feet, an arc length of 28.30 feet, a central angle of 81 004 '00", and a chord bearing ofN50007'10"E a distance of 26.00 feet to a 5/8 inch rebar; Thence S89<>20'50"E a distance of253.94 feet to 5/8 inch rebar; Thence NOo039'09"E a distance of932.13 feet to a 5/8 inch rebar; Thence N82002' 44"E a distance of 101.14 feet to a 5/8 inch rebar; Thence S89025'31"E a distance of 105.00 feet to a point; Thence S00039'09"W a distance of 1210.31 feet to a 5/8 inch rebar; Thence N89020' 52"W a distance of 1 0.00 feet to a 5/8 inch rebaI'; Thence SOo039'09"W a distance of 16.97 feet to a 5/8 inch rebar; Thence S55046' 12"W a distance of 48. 72 feet to a brass cap monument; Thence N89020' 52"W a distance of 57.05 feet to a 5/8 inch rebar; C046123 _bolll1dal)'_ office buildingsJegal_ 09 I 304wdg.doc Thence along an arc of a curve to the right having a radius of 318.31 feet, an arc length of 194.44 feet, a central angle of35000'00", and a chord bearing ofN73054'48"W a distance of 191.44 feet to a 5/8 inch rebar; Thence S39057'56"W a distance of25.09 feet to the POINT OF BEGINNING. Said parcel contains 6.91 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. :VEVI~\IJ~rdV "7 'I '\ MERIDIAN PUBLlC WORKS DEPT. C046123 _boundaty _office buildings Jegal_ 09 I 304wdg.doc {J'^'-"-' ( - ();'~f/Vpt'c.u /J 5 -/ (t- ~ EXHIBIT "B" OFFICE PORTION 1JJ'"~W~I"E: r"';"';;;'L- ... IO>.OO'~ ,-- 1! : 1 1--- ~ -: I NE CORNER of TliE SE1/4 OF TIlE SE'I< A PORTION OF THE SE1j.4 OF SECTION' 24- TOWNSHiP :$ NORTH, RANGE t lJESl', BOISE MERIDIAN CITY OF UERID!AN. .ADA COUNT'{, nlADa ~QD4 100 I 50 , 100 200 I I I-~~---- I I ------ ~--I SCALE 1" 1 00' ,-- I ---- llctll;CA'll'l,m( l.a, LIII[ --- .fm,I.[)CW1"m"JrI~ ~ nlQfF-or-W~Y o FCUHO ~/~..~Cl- RflW'l . SCT ~/ll--~.l>O. 1l[EW! WJCU' I.Llf'!I<EO L.S. ~9C11 '0 FCt.lI~w...-:i:;;C'J' iD fOO!o1;l ll"VU~NtlLl !:.lJ' CN.ClA.AitO f>Qlm I ~I'~ ~~ I----'~ I I t 1] 1 =a I I l-~--- I I I. ~l~ [~ '::i! o ~ I>; j!i1::z ~~ :oJ F"" i'2 ~ ::l CURVE Cl C2 C3 C4 C5 LENGTH 67.77 30.62 28.30 194.44 138.93 CURVE TABLE RADIUS DELTA CHORD BEARING 38S.00 10'OS'06' N73'06'10'W' 20.00 87'43'S3' N34'16'47'W' 20.00 81'04 '00' N50'07'10'E 318.31 35'00'00' N73'S4'48'W' 200.00 39'48'02' N69'25'5I'W' CHORD 67.58 27.72 26.00 191.44 135.15 l--~- ---~ ~___~ I I I I I----~ -- I L__.____ rr - - - - _'!!:l!:!2.'!:_ - - - - J m,il ' f" -............~--~.. _2/~ gl~ I l1l9.7b' j<J ~ 8~ , ~~ ~4f.;1~'f. ~:8 m!l"~(I',J'! 3{10....~. ~\,,~ "..".",~-:;'Ic'"....... ^ 101..41' -..........__~ mr:Jr - -- -_ ~~~r~:'" .... :;:,m ~ ~ WEST VICTORY ROAlJ-.." . - Ji".s.'~ NBr2(Io'$:/:'W "?.:;~.;J 1\7.05' j/l~t~;t~'W OO'J!:S~ nil7~(l'-S.2."W :2.1J.'Il' 24 '9 251 :30 DETAIL FILENAME; C046123_exhibit_office.dwg CREATION DATE; 09-14-04 PINNACLE DRAWN 8Y; WDC CHECKED BY; HWE Engineers, Inc. 12~52 w. [u~li..... Or" :;~~t(! EI, Bo;~". lolQl,o !l371.'. (2'tle) 681- nso January 7 t 2005 MERIDIAN CITY COUNCIL MEETING January 11, 2005 APPLICANT ITEM NO. 22 REQUEST Executive Session per Idaho State Code 67~2345(1 He) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY fiRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ITD: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OfFICE: OTHER: ./' JuP11~ ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become properly of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C January 11,2005 IN THE MATTER OF THE ) APPLICATION FOR ) COMMENCING THE ) CONDITIONAL USE PERMIT FOR ) FINISH LINE AUTOMOTIVE, ) LOCATED AT 44 NW 10TH STREET, ) MERIDIAN, IDAHO ) ) BY: LEE KALLENBERGER ) ) APPLICANT ) ) ) CASE NO. TE-04-006 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR COMMENCING THE CONDITIONAL USE This matter coming on regularly before the City Council on January 11, 2005, upon the Applicant's time application for a one (1) year extension within which to commence the Finish Line Automotive Conditional Use Permit, which was originally approved on May 27, 2003, as provided in S 12-3-6 B, and good causing appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above name Applicant is granted a one (1) year extended period of time until November 27, 2005, ofthis Order within which to commence the Conditional Use Permit on Finish Line Automotive for the above entitled subdivision application, J7i By the action ofthe City Council at its regular meeting on the I \ tt.- \. l\n\ \~ ' 2005. day of ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR COMMENCING CONDITIONAL USE PERMIT FOR FINISH LINE AUTOMOTIVE (TE-04-006) Page 1 of2 DATED tbis ( d";-~ 7: _ V day of v ~J;'t t-t. ~ ' 2004. Attest: ill Copy served upon Applicant, Plann Attorney, epartment, Public Works, and the City By:jn~~~~~ City Clerk's Office Dated: 1- 21.A -iY; ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR COMMENCING CONDITIONAL USE PERMIT FOR FINISH LINE AUTOMOTIVE (TE-04-006) Page 2 of2 BEFORE THE MERIDIAN CITY COUNCIL C/C January 11,2005 IN THE MATTER OF THE ) APPLICATION OF USTICK ) MARKETPLAC, LLC FOR ) APPROVAL OF 11 BUILDING ) LOTS AND 2 OTHER LOTS ON ) 36.93 ACRES IN A C-G ZONE ) LOCATED ON THE NEC OF WEST ) US TICK ROAD AND NORTH ) EAGLE ROAD IN A PART OF THE ) SW ~ OF SW ~, T. 3N., R. IE., ) SECTION 33. ) ) ) CASE NO. FP-04-081 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code g 12-3-7 on January 11, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: January 11, 2005, to the Mayor and Council, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLA T SHOWING SMITCHGER SUBDNISION IN A PART OF THE SW ~ SW ~) T. 3N,) R. IE., SECTION 33, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRlTTEN DATE: 12/15/04) SHEET 1 OF 3, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SMITCHGER SUBDIVISION / (FP-04-081) Page 1 of 4 EARL, MASON, AND STANFIELD", USTICK MARKETPLACE, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: January 11, 2005, listing 12 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 5 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of3 pages, and by this reference incorporated herein, and the additional requirements from the action of the council taken at their January 11, 2005 meeting as follows, to- wit: 1.1 Adopt the action of the City Council taken at their January 11, 2005 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, number 3 note (7), number 3 note (10), number 4, and number 9, such that they now read as follows: CONDITIONS OF APPROVAL 3. (7.) ~Direct lot access to N. Eagle Road/Hwy 55 and E. Ustick Road is prohibited except for the access points that have been specifically approved with this subdivision by ACHD and lTD," (10.) "The pressurized irrigation system within this development will be owned and maintained by Settlers Irrigation District." ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SMITCHGER SUBDIVISION / (FP-04-081) Page 2 of 4 4. Street signs are to be in place, water system shall be approved and activated, fencing installed, access road base approved by the Meridian Fire Department, and the Final Plat for this subdivision shall be recorded, prior to issuance of a building permit expect for the existing Lowe's building and improvements and one additional unused building permit available on the current parcel, if eligible as detennined by City Staff. 9. The pressurized irrigation system within this development is to be owned and maintained by Settlers Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SMITCHGER SUBDNISION / (FP-04-081) Page 3 of4 Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian) pursuant to Idaho Code S 67 -6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may) within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the ~ -\h day of _JO il' lOl ~ Lj , 200S: By: Attest: Tammy de e d Mayor, City of Meridian lj ~ .' lC "l .,,~I. .~ 'epartment, Public Works Department, and BY:~~ City Clerk's Office Dated: \ -'2.4 -OS ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR SMITCHGER SUBDIVISION I (FP-04-081) Page 4 of 4 MAYOR Tanlrny de Weerd c::lfe;;dian '.... ""'.. '" '; " V , I \ .>, [O^HOL~ ~~ /1" ~(' ,L/ '-"", /' - 7F:J/. , -'/ "" TReASuRE V ~ Qmc( .! !, 19U3 CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 CITY COUNCIL MEMBERS Keith Bird Christine DOlUleII Shaun Wardle Charles M. Rountree STAFF REPORT: City Council Date: January 11,2005 To: Mayor & City Council Sonya Allen, Assistant City Planner /)11.. ~ Bruce Freckleton, Development SerVices Manager ~ From: Re: Smitchger Subdivision Request for Final Plat Approval of Eleven (11) Commercial Building Lots and Two (2) Common Lots on 36.93 Acres in a C-G Zone for Smitchger Subdivision, by Ustick Marketplace (File No. FP-04-081) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, U stick Marketplace, has requested final plat approval for 11 commercial building lots and 2 common lots on 36.93 acres in a C-G zone for Smitchger Subdivision. The proposed subdivision is located at the NEC of N. Eagle Road and E. U stick Road, in the SW ],4. ofSection33, TAN., R.1E. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the final plat for Smitchger Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS I. Applicant is to meet all terms of the approved Development Agreement (Instrument No. 104107404) and Preliminary Plat (PP-04-037) for this subdivision. 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. Exhibit "A" ( Mayor & City Council Hearing Date: January 11, 2005 Page 2 of3 3. The following notes on the plat dated 12/15/04, prepared by Earl, Mason & Stanfield, Inc., need to be revised or added: [QJ Add a note providing for cross access for all lots within the subdivision. ill "Direct lot access to N. Eagle Road/Hwy 55 and E. Ustick Road is prohibited except for the access points that have been specifically approved with this subdivision by ACHD." mJ Add a note pertaining to the Right to Farm Act. {2j "Any re-subdivision of this plat shall comply with the applicable Zoning Regulations in effect at the time ofthe re-subdivision." .QQJ. "The pressurized irrigation system within this development will be owned and maintained by Ustick Marketplace. LLC." fllJ. "The owner of each lot across which passes an irrigation/drainage ditch or pipe. is responsible for the maintenance thereof. unless such responsibility is assumed by an irrigation/drainage district." .Q.2J. The bottom elevation of structural footing shall be set a minimum of twelve (12") inches above the highest established normal groundwater elevation," 4. Street signs are to be in place, water system shall be approved and activated, fencing installed, access road base approved by the Meridian Fire Department, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. All development improvements, including sewer & water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, with the exception of the Lowe's parcel which is being developed under provisions within the development agreement. 6. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 7. Sanitary sewer service and municipal water to this development shall be via extensions from existing mains. Applicant will be responsible to construct, or re-construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard form of easements, for any mains that are required to provide service. All lots within this development shall be subject to paying water latecomer fees at the time of issuance of a building permit for each individual lot. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. FP-04-081 Exhibit "A" Smitchger Sub FP .doc Transmittal Date: January 7,2005 ( Mayor & City Council Hearing Date: January 11, 2005 Page? of3 9. The pressurized irrigation system within this development is to be owned and maintained by U stick Marketplace, LLC. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 10. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 11. Complete the Certificate of Owners and accompanying Acknowledgment. 12. Staffs failure to cite specific ordinance provisions or terms of the approved Development Agreement or Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non- domestic purposes such as landscape irrigation.) 3. Install 250-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and penuit from the Public Works Department prior to commencing installations. 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approval. RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-04-081 Exhibit "A" Smitchger Sub FP.doc Transmittal Date: January 7, 2005 ( BEFORE THE MERIDIAN CITY COUNCIL C/C January 11,2005 IN THE MATTER OF THE ) APPLICATION OF INDUSTRY ) WAY, LLC FOR APPROVAL OF 8 ) COMMERCIAL BUILDING LOTS ) AND 1 COMMON LOT ON 3.86 ) ACRES IN A C-G ZONE LOCATED ) AT 929 SOUTH INDUSTRY WAY IN ) A RESUBDIVISION OF LOT 21 ) AND LOT 22, BLOCK 2 CENTRAL ) VALLEY COPORA TE PARK NO.6) LOCATED IN A PORTION OF THE ) SW % OF T. 3N., R. IE., SECTION ) 18. ) CASE NO. FP-04-080 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on January 11,2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: January 11, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CENTRAL VALLEY CORPORATE PARK NO. 7 LOCATED IN A RESUBDIVISION OF LOT 21 AND LOT 22, BLOCK 2, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTRAL VALLEY COPORATE PARK NO.7! (FP-04-080) Page 1 of 4 CENTRAL VALLEY COPORA TE PARK NO. 6 LOCATED IN A PORTION OF THE SW ~ OF T. 3N., R. IE., SECTION 18, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, HANDWRITTEN DATE: 11123/04, SHEET 1 OF 3, MUNGER ENGINEERING", INDUSTRY WAY, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Plaruring and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: January 11, 2005, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 5 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 3 pages, and by this reference incorporated herein, and the additional requirements from the action of the council taken at their January 11, 2005 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their January 11, 2005, and specifically pertaining to the Staff Report, under Conditions of Approval, number 3, such that they now read as follows: CONDITIONS OF APPROVAL 3. The Landscape Plan dated 11123/04 and prepared by Harvest Design shall be modified to remove the gravel path. ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR CENTRAL VALLEY COPORATE PARK NO.7 / (FP-04-080) Page 2 of 4 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. l\th By action of the City Council at its regular meeting held on the _ day of :Thnl ~~ ,2005 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTRAL VALLEY COPORATE PARK NO.7! (FP-04-080) Page 3 of4 ( ~ \ Copy served upon Applicant, the pf City Attorney. ~----..- "--',"" ~~ By: >;;;:;/?u/ -- ~lt'WiU,'f;fi:j: Tammy tl1(w erd .. Mayor, 'ei~fMendlan Attest: artment, Public Works Department, and By: ,1.l'1. Dl ~ ~ City Clerk's Office Dated: \~ 24-0C; ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR CENTRAL VALLEY COP ORATE PARK NO.7 / (FP-04-080) Page 4 of 4 j MAYOR Tammy de Weerd ~ P r CITY OF._,. '-/VLerldicrn IDAHO -..}"{.,. '" 'J " V fl -?)l CITY HALL (208) 888.4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887.2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 CITY COUNCIL MEMBERS Keith Bird cluistine Donnell Shaun Wardle Charles M. Rountree STAFF REPORT: City Council Date: January 11,2005 To: Mayor & City Council Sonya Allen, Assistant City Planner JI{ ~ Bruce Freckleton, Development ServIces Manager ~ From: Re: Central Valley Corporate Park No.7 Request for Final Plat Approval of Eight (8) Commercial Building Lots and One (1) Common Lot on 3.86 Acres in a C-G Zone for Central Valley Corporate Park No.7, by Industry Way, LLC (File No. FP-04-080) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUl\1MARY & LOCATION The applicant, Industry Way, LLC, has requested final plat approval for 8 commercial building lots and 1 common lot on 3.86 acres in a C-G zone for Central Valley Corporate Park No.7. This is a re-subdivision of Lots 21 & 22, Block 2, Central Valley Corporate Park No.6. The proposed subdivision is located at 929 S. Industry Way, in the SW lAof Section 18, T.3N., R.1E. The submitted final plat complies with the approved preliminary plat. Staff recommends approval of the final plat for Central Valley Corporate Park No.7 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved Preliminary Plat (PP-04-032) for this subdivision. Exhibit "A" Mayor & City Council Hearing Date: January 11, 2005 Page ~ of3 2. Submit compaction test results to the Meridian Building Department for any. building pads within lots receiving engineered backfill. 3. The Landscape Plan dated 11123/04 and prepared by Harvest Design IS approved as submitted. 4. Graphically depict all landscape buffer easements on the face of the plat. 5. The following notes on the plat dated 11/23/04, prepared by Idaho Survey Group need to be revised or added: (6.) H.. .highest established nonnal seasonal groundwater elevation." (9.) Add to note the provision for cross access for all lots across Lot 4. 6. Water system shall be approved and activated, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 7. All development improvements, including sewer & water, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 8. A letter of credit or cash surety in the amount of 110% will be required for landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 9. Sanitary sewer service and municipal water to this development shall be via extensions from existing mains. Applicant will be responsible to construct, or re-construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 10. Revise the final plat map to accurately reflect easements for sanitary sewer and water mains per the redlined construction plans for this project. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. The pressurized irrigation system within this development is to be owned and maintained by the Central Valley Corporate Park No.7 Association. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. FP-04-080 Exhibit "A" Central Vly Corp Park7 FP.doc Transmittal Date: January 6,2005 Mayor & City Council Hearing Date: January 11, 2005 Page.30f3 13. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any correction~ necessary to conform. 14. Revise the year of the platting to "2005." 15. Revise the legal description of the Certificate of Owner's to follow the same calls that are shown on the face ofthe plat, specifically along the boundary at "Ct" and the "N 16037'08' W 232.70'" calL The calls in the legal tie in the old lot line, however this information would be better shown on the face of the plat. 16. Complete the Certificate of Owners and accompanying Acknowledgment. 17. Staffs failure to cite specific ordinance provisions or terms of the approved Annexation, Conditional Use Permit, or Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non- domestic purposes such as landscape inigation.) 3. Install 250-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approvaL RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-04-080 Exhibit "A" Central Vly Corp Park7 FP.doc Transmittal Date: January 6, 2005 ** TX CONFIRMATION REPORT ** AS OF JRN 07 '05 17:05 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 02 01/07 17:05 SANITARY SERVICE ----5 00'00" 000 029 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------------------- ~\ case:.. rt:6f to- t1...LJ;:.\ \ c... NUrtc..c...... - \ r lUI U<...:h ~~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 11,2005 at 6:00 p.m. City Council Chambers 1. Ron-call Attendance: Shaun Wardle _ Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Presentation on the EMS Co-location Agreement by Troy Hagen: (10 minutes"') 4. Economic Development Report by Cheryl Brown: 5. Discussion of Parks and Recreations Fees: 6. Executive Session per Idaho State Code 67~2345(1)(f): "Approximate allowable time set for agenda item may change depanding on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - January 11, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F-1 CClse rvsi +C !-iLbLlt Neltl e G In Cli1lLS t, ( . CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 11, 2005, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Charlie Rountree Christine Donnell Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 14, 2004 Pre-Council Meeting Minutes: B. Findings of Fact and Conclusions of Law for Approval: RZ 04- 012 Request for a Rezone of 3.74 acres from I-L & C-G zones to all C-G zone for Ravmond Estates by Ronald Van Auker - NEC of East Franklin Road and North Gaudians Avenue: C. Latecomers AQreement for Ten Mile Water Line Extension by Lochsa Falls, LLC: D. ChanQe Order No. 4 for Headworks Expansion Proiect _ Contractor's Northwest, Inc. for $3,500.00: E. Idaho Power Relocation of Facilities to Accommodate Park chanQes for Storey Park Phase II Construction: F. Award of Bid for Black Cat Lift Station to JC Constructors, Inc. for $2,565,000.00: Meridian City Council Agenda - January 11, 2005 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. G. Award of Bid for WWTP Supply of Backup Power System and Procurement to Western States for $308,732.60: H. Approve Beer and Wine Transfer for JB's Restaurant - 1565 South Meridian Road: I. Design of Waterline Crossing of Meridian Road and Victory: J. Well 25 Pumping Facilities Change Order #1 - Irminger Construction for $4,881.52: K. Historic Preservation Consultant Agreement: L. Sanitary Sewer Easement for Reagan Subdivision: 6. Department Reports A. Planning and Zoning Department - Anna Canning 1. Request for Additional Services for Diane Kushlan Services: B. City Council President - Keith Bird 1. Election of Officers: 7. (Items Moved from Consent Agenda) 8. FP 04-080 Request for Final Plat approval of 8 commercial building lots and 1 common lot on 3.86 acres in a C-G zone for Central Valley Corporate Park No.7 by Industry Way, LLC - 929 South Industry Way: 9. FP 04-081 Request for Final Plat approval of 11 building lots and 2 other lots on 36.93 acres in a C-G zone for Smitchger Subdivision by Ustick Marketplace, LLC - northeast corner of West Ustick Road and North Eagle Road: 10. TE 04-006 Request for a one year Time Extension for CUP 03-010 for Finishline Automotive by Lee Kallenberger - 44 Northwest 10th Street: 11. Public Hearing: MI 04-016 Request for a Miscellaneous Application approval to amend the Development Agreement of April 19, 1999 for Waltman Court Subdivision by Buffalo Hump, LLC - 420 Waltman Court: Meridian City Council Agenda - January 11, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. . 12. Public Hearing: CUP 04-050 Request for Conditional Use Permit for a 3- story, 1 DO-room hotel in an I-L zone for Country Inn & Suites Hotel by Boise Hotel Enterprises, LLC & ABC 2, LLC - north of East Pin~ Avenue and east of North Eagle Road: 13. Public Hearing: AZ 04-019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: 14. Public Hearing: PP 04-026 REVISED Request for Preliminary Plat approval for 220 single-family residential building lots and 17 common lots on 64.48 acres in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: 15. Public Hearing: CUP 04-028 REVISED Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced lot frontages, reduced lot sizes and reduced chord lengths and increased block length, including clubhouse pool and playground in a proposed R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: 16. Public Hearing: AZ 04-030 Request for Annexation and Zoning of 1.8 acres from RUT to a C-G zone for Southern Springs No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: 17. Public Hearing: PP 04-041 Request for Preliminary Plat approval for three (3) building lots on 1.8 acres in a proposed C-G zone for Southern Springs No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: 18. Ordinance No. : AZ 04-022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: 19. Ordinance No. RZ 04-014 Request for a Rezone of 2.4 acres from R-4 to R-15 zones for Cedar Springs Place Subdivision by Plantation Place, LLP - southwest corner of North Meridian Road and West Ashby Drive: 20. Ordinance No. RZ 04-013 Request for a Rezone of 1.674 acres from C-C to C-G zone for Westside BodV Works by Westside Body Works - 210 East Fairview Avenue: Meridian City Council Agenda - January 11, 2005 Page 3 of 4 All materials presented at pUblic meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 21. Ordinance No. AZ 04-028 Request for Annexation and Zoning of 43.83 acres from RUT to R-4 & L-O zones for Strada Bellissima Subdivision by Pinnacle Engineers, Inc. ...: NWC of Victory Road and State Highway 69: 22. Executive Session per Idaho State Code 67-2345(1)(c): Meridian City Council Agenda - January 11 r 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( .... ( , \ ** TX CONFIRMATION REPORT ** AS OF JAN 07 ' 05 l'(...,Q PAGE. 131 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDi:l STATUS 01 01/07 17:03 2088840744 EC--S 01' 16" 004 030 OK 03 01/13717:06 POLICE DEPT EC--S 01 'laG" 004 la30 OK la4 01/07 17:08 8S8S501 EC--S 01'07" 004 1330 OK 0S 01/\37 17:09 LIBRARY EC--S 131'27" 0134 030 OK 06 01/07 17:11 921383776449 EC--S 01'137" 004 030 OK 07 01/07 17' 13 2088886854 EC--S 01'07" 0134 030 OK 08 01/137 17'15 208 895133913 EC-S el'eB" 004 030 OK 09 01/07 17:16 1283001340 G3--S el'30" 0e4 03fl OK 10 e1/e7 17:19 208 387 6393 EC--5 lal'12" 0134 030 OK 11 131/07 17:213 ADA CTY DEUELMT EC--5 131'137" 004 030 OK 12 01/137 17: 22 888S052 EC--S 131'136" 1304 e31il OK 13 131/0? 17:24 CHERRY LANE G3--S ee'01" 1300 e30 INC 14 e1/e? 17: 2S CHERRY LANE G3--5 130'34" 000 030 rNC 15 01/07 17:26 CHERRY LANE G3--5 1313'34" 000 030 INC 16 01/07 17'27 CHERRY LANE G3--5 00'34" 1Z100 0313 INC 17 131/1Z17 17'28 IDAHO ATHLETIC C EC-5 01'07" 01Z14 1Z130 OK 18 1ZI1/07 17'30 [D PRESS TRIBUNE EC--S 01'07" 0e4 1330 OK 19 131/07 17:32 2068886701 EC-S 131'07" 1304 038 OK 22 131/\37 17: 37 3886924 EC--S 01'07" 004 e30 OK THIS DOCUMENT IS STILL IN MEMORY -----------------------------------------------~-------------------------------------------- ~inl~ tvS11Tr rtA..DUr.: ,"u.....,I..lJ '''''\.ll.'''-''>~! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 11, 2005, at 7:00 p.m. City Council Chambers 1. RolI.call Attendance: _ Shaun Wardle _ Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship CentQr: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 14, 2004 Pre-Council Meeting Minutes: B. Fintllngs of Fact and Conclusions of law for Approval: RZ 04- 012 Request for a Rezone of 3.74 acres from l-L & C-G zones to all C-G zone for Raymond Estates by Ronald Van Auker - NEe Of East Franklin Road and North Gaudians Avenue: C. Latecomers Aareement for Ten Mile Water line Extension by Lochsa Falls, LLC: 0, ChanQe Order No. 4 for Headworks Expansion Project Contractor's Northwest, Inc. for $3,500.00: e. Idaho Power Relocation of Facilities to Accommodate Park chanties for Storey Park Phase 1\ Construction; F. Award of Bid for Black Cat Lift Station to JC Constructors, Inc. for $2,565,000.00: Meridian City Countil Agenda - January 11, 2005 Page 1 of 4 All materials presented at public meelings shall becl)me property of the City of Meridian. Anyone deSiring accommodation for disablliUes relaled to documents and/or hearing, please contact the City Clerk's Office at 888-4433 alleast 48 hours prior to the publlc meeting. ** TX CONFIRMATION REPORT ** 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATE TIME TO/FROM 01/07 16:33 3810160 01/07 16:34 PUBLIC WORKS 01/07 16:35 12084664405 01/07 16:36 8841159 01/07 16:37 2088840744 01/07 16:38 POLICE DEPT 01/07 16:39 8985501 01/07 16:40 LIBRARY 01/07 16:41 92083776449 01/07 16:42 3886924 01/07 16:43 2088886854 01/07 16:44 208 895 0390 01/07 16:45 128300040 01/07 16:45 208 387 6393 01/07 16:46 ADA CTY DEUELMT 01/07 16:48 CHERRY LANE 01/07 16:48 CHERRY LANE 01/07 16:50 CHERRY LANE 01/07 16:51 CHERRY LANE 01/07 16:52 IDAHO ATHLETIC C 01/07 16:53 ID PRESS TRIBUNE 01/07 16:54 2088886701 AS OF JAN 07 "05 17: 03 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S G3--S G3--S G3--S G3--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00'29" 001 00'21" 001 00' 21" 001 00'22" 001 00'22" 001 00'21" 001 00'21" 001 00'22" 001 00'21" 001 00'20" 001 00' 21" 0131 00' 20" 001 00'25" 001 00'20" 001 00'19" 001 00'05" 000 00'34" 000 00' 34" 000 00' 33" 000 00'20" 001 00' 20" 001 00'19" 001 CMDt:! 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK INC INC INC INC OK OK OK -------------------------------------~------------------------------------------------------ fJ\ CQSe... t1.:Gt ter tu.bU c.... NUT-Ie.-<-.. - \f lUI ~ y~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, January 11,2005 at 6:00 p.m. City Council Chambers 1. Roll-calf Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: ':l Dr^.eo^...,.....'!......- _L~.LlI .....-...-- ~ ** TX CONFIRMATION REPORT ** AS OF JAN 07 '05 17:03 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMD;:! STATUS 29 01/07 16:55 3810160 EC--S 02'56" 004 030 OK 30 01/07 16:58 PUBLIC WORKS EC--S 02'07" 004 030 OK 32 01/07 16:59 2084664405 EC--S 02'07" 12104 030 OK 32 02/07 27:02 8841259 EC--S 02' 07" 004 030 OK -------------------------------~------------------------------------------------------------ ~ltClsc. ro~'1 -ru- ru..DUl: ''''Lll-ILL.> '1'\'\.Il~lf CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 11,2005, at 7:00 p.m. City Council Chambers 1. RolI.call Attendance: Shaun Wardle Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: 4. Adoption of the Agenda: 5. Consent Agenda; A. Approve Minutes of December 14, 2004 Pre-Council Meeting Minutes: B. Findings of Fact and Conclusions of Law for Approval: RZ 04- 012 Request for a Rezone of 3.74 acres from I~L & G-G zones to all C-G zone for Ravmond Estates by Ronald Van Auker - NEe of East Franklin Road and North Gaudians Avenue: C. Latecomers Aareement fOr Ten Mile Water Line Extension by Lochsa Falls, LLC: D. Chanqe Order No. 4 for Headworks Expansion Proiect Contractor's Northwest, Inc. for $3,500.00: E. Idaho Power Relocation of Facilities to Accommodate Park chanCles for Store'( Park Phase II Construction: F. Award of aid for Black Cat Lift Station to JC Constructors, Inc. for $2,565,000.00: Meridian City Council Agenda - January 11, 2005 Page 1 of 4 All materials presented al 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 aI888-4433 at least 48 hours prior to the public meeting.