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HomeMy WebLinkAbout2008-10-14• �EIDIAN:--- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 14, 2008 at 7:00 p.m. 'Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by 4. Adoption of the Agenda: 5. Consent Agenda: A. Utility License Agreement with North Slough Lateral Users Association for Meridian Fire Station No. 5: B. Professional Service Agreement with MWH Americas, Inc. for Engineering Services: C. Amendment No. 5 to the Agreement for Design Services and Services During Construction for the City of Meridian Bitter Creek Lift Station and Pipelines Project with CH2M HILL for $43,000.00: D. Agreement with M.R. Miller, Inc. for Five Mile Creek Restoration Project for $39,740.00: Meridian City Council Meeting Agenda — October 14, 2008 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • E. Approve Beer and Wine License Transfer of Owner from Luke Capital Investments Inc. to Star Capital Investments, LLC. Dba Groove Coffee; located at 1800 N. Locust Grove Rd., Suite E., Meridian, 83642: 6. Department Reports: A. Legal Department: 1. Recommendation from SWAC for Community Recycle Fund to The Idaho Foodbank for $19,500.00: 2. Recommendation from SWAC for Community Recycle Fund to Hope Arms Apartments for $10,611 for Playground Equipment: 3. Recommendation from SWAC for Community Recycle Fund to Compass Public Charter School for $6,000.00: 4. Recommendation from SWAC for Community Recycle Fund to Woodbridge HOA (No funding recommended): 5. Discussion of SWAC Funds: B. Finance Department 1. Budget Amendment for Public Works Department for Surface Well Maintenance for $90,000: 7. Items Moved from Consent Agenda: 8. Public Hearing: SHP 08-007 Request for Short Plat approval for 157 condominium units in 13 buildings in an I -L zone for Storage Condos by Ron Ramza — 658 North Principle Place: 9. Public Hearing: MDA 08-004 Request to Modify the Development Agreement for Southridge Subdivision by Linder 109 LLC / Jim Jewett — south of Overland Road between South Ten Mile Road and South Linder Road: 10. Public Hearing: PP 08-008 Request for Preliminary Plat approval of 17 commercial lots on approximately 8.7 acres in a C -G zoning district for Trade Plaza by Land Investors, LLC — 555 South Meridian Road: Applicant Requests to Withdraw Application Meridian City Council Meeting Agenda — October 14, 2008 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 0 11. Public Hearing: CPA 08-010 Request for a Comprehensive Plan Text Amendment to revise the Street Sections Map of the Ten Mile Interchange Specific Area Plan for Ten Mile Area Map Revision by City of Meridian Planning Department — Black Cat Road from the railroad tracks to 1-84; Franklin Road between McDermott Road and Linder Road; Ten Mile Road between the railroad tracks and Franklin Road and Ten Mile Road from I- 84 to Overland Road — all within the Ten Mile Interchange Specific Area: 12. FP 08-017 Request for Final Plat approval for 60 building lots and 11 common lots on 33.60 acres in a TN -C, TN -R and R-8 zones — the breakdown of the lots is as follows: 5 commercial lots in TN -C zone; 1 public/quasi public lot in a TN -C zone; 1 public school facility in a TN -R zone; 16 single family residential lots in an R-8 zone; 37 single family residential lots in an TN -R zone; and 11 common lots for Southridge Subdivision No. 1 by Linder 109 LLC — south of West Overland Road and west of South Linder Road: 13. Executive Session per Idaho State Code 67-2345(1)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student); (c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) & (f) — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — October 14, 2008 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C� (ERJDIAN�, tDAH �T 1�u►�I�s f CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 14, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by 4. Adoption of the Agenda: 5. Consent Agenda: A. Utility License Agreement with North Slough Lateral Users Association for Meridian Fire Station No. 5: B. Professional Service Agreement with MWH Americas, Inc. for Engineering Services: C. Amendment No. 5 to the Agreement for Design Services and Services Durinq Construction for the City of Meridian Bitter Creek Lift Station and Pipelines Project with CH2M HILL for $43,000.00: D. Agreement with M.R. Miller, Inc. for Five Mile Creek Restoration Project for $39,740.00: Meridian City Council Meeting Agenda — October 14, 2008 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 E E. Approve Beer and Wine License Transfer of Owner from Luke Capital Investments Inc. to Star Capital Investments, LLC. Dba Groove Coffee; located at 1800 N. Locust Grove Rd., Suite E., Meridian, 83642: 6. Department Reports: A. Legal Department: 1. Recommendation from SWAC for Community Recycle Fund to The Idaho Foodbank for $19,500.00: 2. Recommendation from SWAC for Community Recycle Fund to Hope Arms Apartments for $10,611 for Playground Equipment: 3. Recommendation from SWAC for Community Recycle Fund to Compass Public Charter School for $6,000.00: 4. Recommendation from SWAC for Community Recycle Fund to Woodbridge HOA (No funding recommended): 5. Discussion of SWAC Funds: B. Finance Department 1. Budget Amendment for Public Works Department for Surface Well Maintenance for $90,000: 7. Items Moved from Consent Agenda: 8. Public Hearing: SHP 08-007 Request for Short Plat approval for 157 condominium units in 13 buildings in an I -L zone for Storage Condos by Ron Ramza — 658 North Principle Place: 9. Public Hearing: MDA 08-004 Request to Modify the Development Agreement for Southridge Subdivision by Linder 109 LLC / Jim Jewett — south of Overland Road between South Ten Mile Road and South Linder Road: 10. Public Hearing: PP 08-008 Request for Preliminary Plat approval of 17 commercial lots on approximately 8.7 acres in a C -G zoning district for Trade Plaza by Land Investors, LLC — 555 South Meridian Road.- Applicant oad:Applicant Requests to Withdraw Application Meridian City Council Meeting Agenda — October 14, 2008 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 11. Public Hearing: CPA 08-010 Request for a Comprehensive Plan Text Amendment to revise the Street Sections Map of the Ten Mile Interchange Specific Area Plan for Ten Mile Area Map Revision by City of Meridian Planning Department — Black Cat Road from the railroad tracks to 1-84; Franklin Road between McDermott Road and Linder Road; Ten Mile Road between the railroad tracks and Franklin Road and Ten Mile Road from I- 84 to Overland Road — all within the Ten Mile Interchange Specific Area: 12. FP 08-017 Request for Final Plat approval for 60 building lots and 11 common lots on 33.60 acres in a TN -C, TN -R and R-8 zones — the breakdown of the lots is as follows: 5 commercial lots in TN -C zone; 1 public/quasi public lot in a TN -C zone; 1 public school facility in a TN -R zone; 16 single family residential lots in an R-8 zone; 37 single family residential lots in an TN -R zone; and 11 common lots for Southridge Subdivision No. 1 by Linder 109 LLC — south of West Overland Road and west of South Linder Road: 13. Executive Session per Idaho State Code 67-2345(1)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student); (c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) & (f) — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — October 14, 2008 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 E IDIAN�--- 40 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Mayor's Updated/Noted Agenda Tuesday, October 14, 2008 at 7410 p.m. "Although the City of Meridian no longer requires sworn testirhony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: ✓ David ZarembaVI/Brad Hoaglun Charlie Rountree / _74 Keith Bird ✓ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invo ation by �h wl A D f Jai 4. Adoption of the Agenda: / 5. Consent Agenda: 1J A. Utility License Agreement with North Slough Lateral Users Association for Meridian Fire Station No. 5: B. Professional Service Agreement with MWH Americas, Inc. for Engineering Services: C. Amendment No 5 to the Agreement for Design Services and Services During Construction for the City of Meridian Bitter Creek Lift Station and Pipelines Project with CH2M HILL for $43,000.00: D. Agreement with M.R. Miller, Inc. for Five Mile Creek Restoration Project for $39,740.00: Meridian City Council Meeting Agenda — October 14, 2008 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11. Public Hearing: CPA 08-010 Request for a Comprehensive Plan Text Amendment to revise the Street Sections Map of the Ten Mile Interchange Specific Area Plan for Ten Mile Area Map Revision by City of Meridian Planning Department — Black Cat Road from the railroad tracks to 1-84; Franklin Road between McDermott Road and Linder Road; Ten Mile Road between the railroad tracks and Franklin Road and Ten Mile Road from I- 4 to Overland R ad all within the Ter�, Mile Interchange Specific Area:, 12. FP 08-017 Request for Final Plat approval for 60 building lots and 11 "hc, common lots on 33.60 acres in a TN -C, TN -R and R-8 zones — the breakdown of the lots is as follows: 5 commercial lots in TN -C zone; 1 public/quasi public lot in a TN -C zone; 1 public school facility in a TN -R zone; 16 single family residential lots in an R-8 zone; 37 single family residential lots in an TN -R zone; and 11 common lots for Southrid Subdivision No. 1 by Linder 109 LLC — so h W t Overland Road and west of South Linder ad: &ALb uv f ge q� � 13. Executive Session per Idaho State Code 67-2345(1)(b) — t consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student); (c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) & (f) — (to consider andadv'se its legal representatives in pending litigation): �(t� Ln�,�,� L , — mo �_Gc� Z/C-s/O�Jot- Meridian City Council Meeting Agenda — Otober 14, 2008 All materials presented at public meetings shall ecome property of the C tyg of Meridian. Anyone desiring accommodation for disabiliti please contact the City Clerk's Office at 888 es related to documents and/or hearing, -4433 at least 48 hours prior to the public meeting. �EIDIAN------ 0 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Clerk's Noted Agenda Convened at 7:02 pm Tuesday, October 14, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Christian Buehler with Church of Jesus Christ of Latter Day Saints 4. Adoption of the Agenda: Zaremba/Hoaglun 5. Consent Agenda: Zaremba/Bird A. Utilitv License Agreement with North Slough Lateral Users Association for Meridian Fire Station No. 5: B. Professional Service Agreement with MWH Americas, Inc. for Engineering Services: C. Amendment No 5 to the Agreement for Design Services and Services During Construction for the City of Meridian Bitter Creek Lift Station and Pipelines Project with CH2M HILL for $43,000-00: D. Agreement with M R Miller. Inc. for Five Mile Creek Restoration Project for $39,740.00: Meridian City Council Meeting Agenda — October 14, 2008 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. • i E. Approve Beer and Wine License Transfer of Owner from Luke Capital Investments Inc. to Star Capital Investments, LLC. Dba Groove Coffee; located at 1800 N. Locust Grove Rd., Suite E., Meridian, 83642: 6. Department Reports: Motion to move Items 6A 1-5 to item 12B (right uetore executive session) Zaremba/Hoaglun A. Legal Department: Bill Nary presented 1. Recommendation from SWAC for Community Recycle Fund to The Idaho Foodbank for $19,500.00: Bring back on 10/28 with additional audit information 2. Recommendation from SWAC for Community Recycle Fund to Hope Arms Apartments for $10,611 for Playground Equipment: Approve 3. Recommendation from SWAC for Community Recycle Fund to Compass Public Charter School for $6,000.00: Deny 4. Recommendation from SWAC for Community Recycle Fund to Woodbridge HOA (No funding recommended): Approve recommendation of no tunaing 5. Discussion of SWAC Funds: Approve direction from SWAC on use of funds. B. Finance Department noted that this is being presented by Public Works, not Finance 1. Budget Amendment for Public Works Department for Surface Well Maintenance for $90,000: dint uoisuy presentee. Approve: kountree/Bird 7. Items Moved from Consent Agenda: 8. Public Hearing: SHP 08-007 Request for Short Plat approval for 157 condominium units in 13 buildings in an I -L zone for Storage Condos by Ron Ramza — 658 North Principle Place: Caleb Hood presented. Scott Noriyuki-applicant spoke. Chose PH: Zaremba/Rountree. Approve: Zaremba/Rountree Meridian City Council Meeting Agenda — October 14, 2008 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. ! 0 9. Public Hearing: MDA 08-004 Request to Modify the Development Agreement for Southridge Subdivision by Linder 109 LLC / Jim Jewett — south of Overland Road between South Ten Mile Road and South Linder Road: Caleb Hood presented. Van Elg, The Land Group. Public Testimony: Scott Nichols, Lorna Hewett, Steve Przybos, Susan Stone, Jim Jewett spoke. Larry Van Hess spoke. 10. Public Hearing: PP 08-008 Request for Preliminary Plat approval of 17 commercial lots on approximately 8.7 acres in a C -G zoning district for Trade Plaza by Land Investors, LLC — 555 South Meridian Road: Applicant Requests to Withdraw Application Motion to withdraw: Zaremba/Rountree 11. Public Hearing: CPA 08-010 Request for a Comprehensive Plan Text Amendment to revise the Street Sections Map of the Ten Mile Interchange Specific Area Plan for Ten Mile Area Map Revision by City of Meridian Planning Department — Black Cat Road from the railroad tracks to 1-84; Franklin Road between McDermott Road and Linder Road; Ten Mile Road between the railroad tracks and Franklin Road and Ten Mile Road from I- 84 to Overland Road — all within the Ten Mile Interchange Specific Area: Caleb Hood presented. Close PH: Rountree/Bird. Approve: Rountree/Zaremba 12. FP 08-017 Request for Final Plat approval for 60 building lots and 11 common lots on 33.60 acres in a TN -C, TN -R and R-8 zones — the breakdown of the lots is as follows: 5 commercial lots in TN -C zone; 1 public/quasi public lot in a TN -C zone; 1 public school facility in a TN -R zone; 16 single family residential lots in an R-8 zone; 37 single family residential lots in an TN -R zone; and 11 common lots for Southridge Subdivision No. 1 by Linder 109 LLC — south of West Overland Road and west of South Linder Road: Caleb Hood presented. Van Elg spoke from The Land Group. Public question from Susan Stone. Approve: Rountree/Zaremba Items 6A 1-5 moved to 12b on the Agenda 13. Executive Session per Idaho State Code 67-2345(1)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student); (c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) & (f) — (to consider and advise its legal representatives in pending litigation): Into Exec. At 8:46 pm: Rountree/Bird 14.Adopt onto the Agenala: Potential Personnel Action Meridian City Council Meeting Agenda — October 14, 2008 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. Out of Exec at 9:47 pm Reaffirm that Will Berg was terminated as City Clerk on 2/15/08. Rountree — Aye Hoaglun — Aye Zaremba — Aye Bird - Nay Adjourn at 9:49 pm: Rountree/Zaremba Present at Meeting: Caleb Hood — Planning Clint Dolsby — Public Works Joe Silva — Fire Department John Overton — Police Department Meridian City Council Meeting Agenda — October 14, 2008 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting October 14 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, October 14, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Ted Baird, Bill Nary, Jaycee Holman, Caleb Hood, Joe Silva, John Overton, Steve Siddoway, Clint Dolsby, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. I apologize, I will stand through much of the meeting, because my back can't take the sitting part. So, welcome. We appreciate you joining us here tonight. For the record, it is Tuesday, October 14th, at 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Christian Buhler — Verona Ward LDS Church. De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Christian Buhler and he is with the Latter-day Saints of Verona Ward. If you will, please, come forward. We ask you to join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you. Buhler: Our Heavenly Father, we are so grateful to be here and we are grateful for the leaders of this great city and the efforts that they put into making this a better community for everybody that lives here. We are grateful for the leader of this great nation and we ask a special blessing to be upon this nation as we are going through moments of trial and tribulation, that we will see thy hand and look to three for guidance. We ask a blessing upon the councilmen and the members and leaders of this community, that they will serve and magnify the positions to which they fill and that they will do so in an ethical and prudent manner and that they will look out for the best Meridian City Council October 14, 2008 Page 2 of 40 interest of the community members and we pray for these things in the name of thy son, Jesus Christ, amen. Item 4: Adoption of the Agenda: De Weerd: Sir, if I could present you with a City of Meridian pin and thank you for leading us. Okay. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Let's see. For the adoption of the agenda, no changes to the Consent Agenda. Just a note that on Item 6-13, what's listed as a Finance Department report is actually going to be a Public Works department report. Item 10, which is PP 08-008, for Trade Plaza, the applicant has requested to withdraw that. That, I believe, are the only changes to the agenda and with that I move to adopt the agenda. Rountree: Excuse me, Bill -- Zaremba: I'm sorry. Rountree: Mr. Zaremba. We will need to add another Item to the agenda. Zaremba: Okay. Rountree: And we didn't get it down to you yet, but it would be Item 14 and it would be for a potential personnel action. Potential personnel action. Zaremba: Okay. Rountree: With that, David, you can -- Zaremba: All right. So, Item 14 is a potential personnel action added to the agenda. And with those amendments I move we adopt the agenda. Rountree: Second. Bird: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: Meridian City Council October 14, 2008 Page 3 of 40 A. Utility License Agreement with North Slough Lateral Users Association for Meridian Fire Station No. 5: B. Professional Service Aareement with MWH Americas. Inc for Engineering Services: C. Amendment No. 5 to the Agreement for Design Services and Services During Construction for the City of Meridian Bitter Creek Lift Station and Pipelines Prosect with CH2M HILL for $43,000.00: D. Agreement with M.R.Miller. Inc for Five Mile Creek Restoration Prosect for $39,740.00: E. Approve Beer and Wine License Transfer of Owner from Luke Capital Investments Inc. to Star Capital Investments LLC Dba Groove Coffee; located at 1800 N. Locust Grove Rd., Suite E., Meridian, 83642: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we adopt the Consent Agenda as published. Bird: Second. De Weerd: And the Mayor to sign? Zaremba: And for the Mayor to sign and the clerk to attest. Bird: Second agrees. De Weerd: Okay. We have a motion to approve the Consent Agenda. If there is no discussion, Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Legal Department: Meridian City Council October 14, 2008 Page 4 of 40 1. Recommendation from SWAC for Community Recycle Fund to The Idaho Foodbank for $19,500.00: 2. Recommendation from SWAC for Community Recycle Fund to Hope Arms Apartments for $10,611 for Playground Equipment: 3. Recommendation from SWAC for Community Recycle Fund to Compass Public Charter School for $6,000.00: 4. Recommendation from SWAC for Community Recycle Fund to Woodbridge HOA (No funding recommended): 5. Discussion of SWAC Funds: De Weerd: Council, we have under Item 6-A, Department Reports, a Legal Department report regarding our Solid Waste Advisory Committee fund and we -- I do have a couple of questions. So, I would ask if we could put this to the end of our agenda when our city attorney Bill Nary should be here, so we can ask questions about these items. Bird: No problem with me. Rountree: That's fine. De Weerd: Okay. Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: Do you want to put that as that 12-13, before the Executive Session, so you would have that out of your way? Rountree: That would be good and not at the end of the agenda. De Weerd: Okay. Zaremba: Madam Mayor, was that all five items or just -- De Weerd: Yes. Zaremba: Okay. Do you want a motion? De Weerd: I -- Meridian City Council October 14, 2008 Page 5 of 40 Rountree: Yes. Zaremba: I move we move Item 6-A, one, two, three, four, five, later in the agenda to take the place as 12-B. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to delay Item 6-A, one through five, to the 6-13 -- or 12-B. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. B. Finance Department 1. Budget Amendment for Public Works Department for Surface Well Maintenance for $90,000: De Weerd: 6-B our Public Works Department. Clint. Dolsby: Madam Mayor, Members of the Council, this line item budget amendment is for money that was budgeted in 2008 for the rehab of two wells, Well 7 and Well 8 that was not carried forward to '09. We have been in communication with the Finance Department and in order to bring the budget back that we already had, we need a budget amendment to do that. De Weerd: Okay. Council, any questions? Bird: I don't. Rountree: Just a budgeting oversight, apparently. Madam Mayor, I would move that we approve the budget amendment for Public Works in the amount of 90,000 dollars. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 6-B-1. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. M �{gxIf §S Meridian City Council October 14, 2008 Page 6 of 40 Item 8: Public Hearing: SHP 08-007 Request for Short Plat approval for 157 condominium units in 13 buildings in an I -L zone for Storage Condos by Ron Ramza — 658 North Principle Place: De Weerd: So, we will move to Item 8, SHP 08-007. 1 will open this public hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. Item No. 8 is a short plat for storage condos. There is a vicinity map of the subject site. The mailing address is 658 Principle and it's located generally south of Pine, which doesn't show up as being labeled very well on this map, so let me -- so, there is Pine. Here is Eagle. And the subject site is right there. It is a request for approval of 157 condominium units within 13 storage buildings on seven acres in an industrial zone. Three of the buildings have already been constructed. One, two, three, have already been constructed. Two others, I believe, this one and this one, are in the permitting process currently. And, then, the remaining buildings will be constructed with future phases. Staff is recommending approval of the condominium plat with the conditions stated in the staff report. We do have a letter from the applicant stating that they are okay with the conditions as well, but I will let them -- I see there is a few in the audience, but I will let them speak for themselves. With that I will stand for any questions you may have. De Weerd: Okay. Council, any questions at this time? Bird: I have none. Rountree: I have none. De Weerd: Okay. I would ask the applicant to come forward. Would you, please, state your name and address. Noriyuki: Scott Noriyuki. 730 South Bridgeway Place. De Weerd: Okay. Thank you. Noriyuki: We are agreeable with all of staffs conditions and stand for any questions. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council October 14, 2008 Page 7 of 40 Zaremba: I would comment that I don't know the applicant, but I have a neighbor who is one of your customers in the storage condos in Boise who has been raving about this for years. I think it's an interesting and excellent concept and welcome to Meridian. Noriyuki: Thank you. Thank you. De Weerd: Okay. If there is no further questions. Thank you. We appreciate you being here. Is there any further testimony on this application? Seeing none, Council, if there is no further questions for applicant or staff, I would entertain a motion to close. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on SHP 08-007. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Having heard all staff and applicant testimony and giving the opportunity for public testimony, of which there was none, I hereby move that we approve SHP 08-007 with all staff comments. Rountree: I'll second that and request discussion. De Weerd: Okay. Discussion. Rountree: Caleb, could you, just for some of us inexperienced folks up here, give a 30 second tutorial on short platting and what that means for our newest councilman. Hood: Sure. You bet. This subject short plat and short plats in general, there are really two different forms of short plats. This one happens to be a condominium version. So, of the 13 buildings that are on the screen now, the applicant's proposing to subdivide, if you will, those buildings into smaller units and sell those units -- not the ground below, but just the airspace within the units, to individuals that wish to purchase them and their goods that they can't otherwise store at home or where ever the case may be. So, that's the subject application. Just -- I don't know if that's all of 30 seconds, but the other form of short plats that we have -- actually, you can take a commercial or 1441 4 111 T 141 `£ 4 i s Syi s� 5��� e t �. � , 5 �.y.�- x. �' ;' .�... •:; i �£. n r �yilt �i ?� � 4i #� �»�...I ' �� t` � .. „ �.. Meridian City Council October 14, 2008 Page 8 of 40 industrial or Old Town zoned property and subdivide that into four lots, subdivide the ground, without having to go through the whole preliminary and final plat process. So, those are two forms of short platting. Hoaglun: Thank you. De Weerd: Thank you, Caleb. Okay. We are in the discussion mode on Item 8. If there is no further discussion -- Rountree: I have nothing. De Weerd: Okay. Madam Clerk, will you, please, call roll on Item 8. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: MDA 08-004 Request to Modify the Development Agreement for Southridge Subdivision by Linder 109 LLC / Jim Jewett — south of Overland Road between South Ten Mile Road and South Linder Road: De Weerd: Item 9 is a public hearing on MDA 08-004. 1 will open this public hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. Item No. 9 is not going to be quite as simple as Item No. 8. Although I think we have worked through quite a few of the things with the developer and I want to just highlight a couple of things here. Bear with me one second. So, the application before you as Item 9 is a development agreement modification for Southridge Subdivision. It's located on the south side of Overland Road between Linder and Ten Mile. So, the scale of this map probably doesn't do the project justice. It does course this entire one square mile from east to west and takes up approximately another half mile north to south. In 2007 the subject property was annexed and zoned with a multiple zoning designation. There was an associated development agreement that was a part of that approval for annexation of that property and that's what's being modified this evening with the subject application. There are two -- in 2007 was approval for a preliminary plat and we will talk about the preliminary plat and the mega lot concept that was associated with this application back in 2006, 2007, here in just a minute. I will have you note there is a final plat also towards the end of your agenda. Typically final plats would be before the public hearing items, but that final plat is contingent upon a recommendation from the City Council on a couple of the issues proposed in the development agreement, to modify them and such. So, we will go through those provisions here in just a second, but I wanted to let you know there is another application that is also on the subject site, although it doesn't Meridian City Council October 14, 2008 Page 9 of 40 encompass all 290 acres. The Planning Department recently approved a property boundary adjustment. There were ten parcels on this property all together and they submitted a property boundary adjustment record of survey to the planning department and we configured some of their lots. The reason that's important is we are changing the development agreement to not reference the mega lots and blocks that were previously discussed. Now, we are going to have a development agreement -- or reference these parcels that are recently created with this record of survey. At least that's the proposal. I will also note there is a Conditional Use Permit in process currently for a project called The Beacon at Southridge and that project is going to be in this general location. It is actually scheduled to be heard by the Planning and Zoning Commission this Thursday, for a 187 unit assisted living facility and church. That is another reason why the applicant as proposed to modify the development agreement. That wasn't currently part of the original concept plan. And as I mentioned, there is a final plat at the end of the agenda as well to plat the first phase -- the first 32.6 acres of this property. So, the major changes proposed -- I already touched on one -- was the elimination of the mega lot concept. Before they had huge mega lots, entire lots, and what in most subdivisions would be a four or five final phases and they weren't quite sure what the exact street configurations would look like or lot configurations would look like, so we kind of put the mega lot designation on those areas and said come back in with preliminary and final plat on those when you -- when you do have a plan. We did give them the applicable zoning, based on the concept plan, but, again, there weren't details as far as what the lots would look like or -- street systems are generally consistent, but weren't truly evaluated for conformance with UDC and so forth. Today, rather than platting all the parcels, the applicant is proposing that property boundary adjustment that I mentioned earlier and some of the parcels will be able to move forward in the building process through this property boundary adjustment process. The first parcel, again, would be parcel two, which is the assisted living development that's proposed. There are a couple of others that the applicant is proposing just to allow him to go straight to development or if required a Conditional Use Permit, but not require the platting of. And let me just point those areas out real quick. This is what is referenced as parcel nine in the development agreement. So, they would like to be able to develop that small parcel without having to plat that one. And, then, there is another parcel right here that is slated in the concept plan, both the previous and the current, for some multi- family and there is no reason, they believe, to subdivide that area. So, that parcel nine, parcel five and, then, parcel two would not need to be subdivided. Parcel one is still a large parcel which is being final platted. Again, a portion of parcel one is your first phase final plat. This gets kind of confusing and I have had to say it three or four times now, so I can fully understand what's going on. But I think once you kind of get your arms around it it does make some sense. So, just kind of a little side note there. So, the significant changes to the development agreement and the concept plan that we proposed. The new concept plan, which is the one that says revised proposed down below on the slide, has some pretty significant changes, although a lot of it is real similar. The first change that I will mention is you can see Overland Road on the approved plan was still in its original alignment intersecting Ten Mile in its today's location and so the revised concept plan shows Overland dippy down and intercepting Ten Mile in the new location as an arterial street. The assisted living facility, as I Meridian City Council October 14, 2008 Page 10 of 40 mentioned, there on Overland with a future church building, was previously planned for multi -family and single family residential and commercial uses, so that is a change to the concept plan. This wasn't slated for this use two years ago and isn't reflected there. The zoning, for the most part, works for the proposed use now. We have a change needed there, they will have to do a slight clean up in zoning, but the use as assisted living and a church are -- is acceptable. I do want to point out a couple of changes to the street configurations. It's kind of hard to see, I know, on this -- on this scale, but there was an access point to Overland Road for this L -L portion and that's no longer -- no longer the case on this portion. You can see that the -- this road has a tum around, a public street tum around -- I can't even find it on this one. But I -- it did connect in with Overland Road on the previous revised concept plan due to some grading issues, I believe, and ACHD I don't think was too keen on them having that road come into the inside of a curve. I think ACHD nixed the idea of having that road intersect. The roadway driveway still are a public street on the other side that intersects Overland Road. And, then, finally, the major change that I'd like to point out is just the street configuration. The street configuration in this -- we will call it the southwest portion of the site. And, again, I know it's hard to see, but a lot of the streets, basically, were northeast and a southeast type direction and they have changed that to, basically, follow the contours out there a little bit better and give these folks I think some better view lots, I think was the main reason for that change. Same number of lots, just different street configurations in this general vicinity. Again, they went from kind of a northeast -southwest type direction -- or, excuse me, that's what they are now -- to go to a northwest -southeast configuration before. You can kind of make those out. The other thing that I'll just provide some information on is, again, back to this parcel nine area. As was the case originally and still the case today, they don't really have the details proposed at this point for this area. The applicant is looking at doing something a little bit different than the R-8 zoning would allow. However, we have yet to see the rezone and plat that shows what their vision is for that area. So, you very well may be seeing a new revision to this plan that, basically, fills in this hole here very shortly. I think their -- the applicant's working on that right now. I think those were the main changes that I wanted to point out to -- excuse me -- to the concept plan. Now, if -- the Council generally likes this concept plan, it is currently referenced in the proposed DA modification and this one will be taken out. Staff has reviewed it and, again, it's, for the most part, consistent. I mean if you look at some of these blocks and compare them, they are -- they are identical, particularly everything outside of parcel two and even parcel nine is the same, because it wasn't there, but -- so, there are not a lot of changes there. I'm going to move on, though, to some of our language in the development agreement that's also proposed to change. In the staff report Sonya kind of took a little bit different tact than we typically do with this. The applicant proposed language in bold and underlined format, and things where staff didn't concur with what the applicant was proposing she highlighted in red and either struck through there or comments or highlighted them or whatever and typically she would put a comment in the margin as to why she was changing that to just kind of explain why we didn't like what the applicant had proposed. For the most part a lot of them were just slight tweaks to the language, so it was clear to us the intent of how that specific provision would be applied to this development. Some of them are a little bit more significant than that and those ones I Meridian City Council October 14, 2008 Page 11 of 40 think the applicant will probably respond to. The first one that I -- that I wanted to bring up is that the applicant was proposing an access to Ten Mile Road where that was specifically prohibited in the current DA. It's specifically prohibited. We talked to the applicant and we explained to them that we cannot prove access to something we don't know what the development plan is for, at least we don't have that development plan in front of us to modify. So, we did strike through that portion of that provision. Again, that property is currently zoned R-8 and what they want to do is require a rezone and a new preliminary plat to even have us evaluate, really, an access -- the need for an access to Ten Mile Road. One of the other changes has to do with the park that's in this vicinity right here. It's currently a private park. That was one of the discussions that the Council had, let's see, a little over year ago when this was approved -- a year and a half ago when this was approved. But there is the park, the clubhouse, and the pool. We have modified that language to still require the construction of the park and the clubhouse and pool. It needs to be completed with -- before the applicant can develop those for anything in here, here, or down here. Sorry, the podium is getting in the way a little bit. But everything else, you know, they can go ahead and start developing this and right on the comer, the first phase final plat. We wanted to make sure that some of those amenities get put in before too many folks start moving in here and we may never get them. So, that was one of the provisions from the original DA. We have changed that timing somewhat, but that park and the clubhouse and the pool do need to be platted and constructed earlier on in the process, rather than later on. To that end, too, there is also the multi -use pathway that will go out to Linder Road and follows the Ridenbaugh here and also that stretch at least to the park from Linder is also a condition to be constructed earlier on in the phase -- or earlier on in the development. I already talked about parcels two, five, eight, and nine and how they don't require platting, but they will require the applicant or whoever purchases those, to submit development applications, either design review, a Conditional Use Permit, CZC, plats, if necessary, but those are legal parcels that they can develop, are inconsistent with the other provisions in the DA. The other parcels, one, three, four, six, seven and ten, will still require detailed preliminary plat approval. And, again, all development within this phase needs to be consistent with the Ten Mile area specific plan. And no variances to lot dimensions, setbacks, or block lengths are part of the approval process of this development agreement or of any other future one. Staff is recommending approval -- or recommending a change to the timing of the preliminary landscaping requirements. I'm not going to go back and explain all of the history, but, basically, there was a -- there is DA provision that says that the applicant's responsible for constructing about a half a mile of landscape buffers with the first final plat phase here and also down Linder Road. So, about half a mile there and I think about a quarter of a mile down Linder Road is how the DA currently reads. We have modified that somewhat. If you'd like more on how that phasing of landscaping is proposed to go in, I can go into the details when each section is supposed to be put in. We think it's covered pretty well. We have some pretty good breaks with the Ridenbaugh, so we are getting this to be constructed with the first phase. This would be constructed with any phase -- any development in this general area and, then, back out to Ten Mile would be constructed with the development of either one of these sides of the road. So, that's the language in a nutshell that we have proposed for a development agreement modification. Just a note Meridian City Council October 14, 2008 Page 12 of 40 to -- we did increase -- allow the applicant to increase the overall density of 25 units. Previously the range was 1,000 to 1,252. So, 1,252. With the addition of the assisted living care facility we counted those bed units as dwelling units, so we increased the density a little bit, but really don't believe that there is -- the increase of the 25 dwelling units doesn't seem to have a true impact on homes. I mean people are living there, they are dwelling there, but that still met the spirit of the provision. And, then, elevations. According to the DA, provision number 26, the applicant is proposing language that states that prior to signature of the first final plat, the applicant will submit and obtain design review approval or submit and obtain City Council approval of plans that propose specific and detailed architectural guidelines for this development and that also address, at a minimum, a variety of structures within a block, building mass, building material, roof lines, colors, and architectural styles. This is, essentially, a carryover from the -- the current DA. We haven't seen anything as far as that architectural guideline book that was talked about when this project was originally approved, but I think the applicant is still working on that. He may want to provide a little bit more insight into that if he has time. I haven't received any written testimony from anyone. I have taken one phone call on this, excuse me, and I know one of our other planners also took at least one phone call on it, just curious neighbors had some concerns. I know one of -- the gentleman I spoke to is in the audience and he may or may not testify. He was somewhat concerned about the phasing plan and dust, like this has all been graded, so he's concerned about, you know, if -- if the development of the southern portions of this are going to two, three, four, five years out, he's concerned about dust and whatnot. That was the main concern that I heard from the general public. And I'd also like to read into the record that we are recommending two additional changes to the staff report that you have. I was going through preparing for tonight's meeting and DA provision number 30, 1 believe, should be modified to read: For access purposes to parcel nine, a city approved access shall be provided to parcel nine from, slash, across parcel ten prior to building construction. Now, let me explain why I would like to see that condition added. So, back to parcel nine and this is ten. Right next to each other. The way that the current DA states is there is no access to this parcel nine, except for this public street that's approved right here. So, we were concerned that if we approve this parcel layout without requiring parcel ten to provide them access, they are going to be coming back to us saying, well, we are landlocked or we need access to the arterial, so we made the provision that says you need to get access through parcel ten, then. And the same holds true for parcels four and five. I have got that record of survey. This may help, although it's pretty busy as well. So, there is parcel five and here is parcel four. The access for both of these parcels comes right down here. So, the access to parcel five should only be across parcel four, as there will a public street that will be constructed right in this location. So, then, DA provision number 31 should be modified to read: For access purposes to parcel five, a city approved access shall be provided to parcel five across parcel four prior to development. Those are the two changes that I would like the Council to accept this evening. We have met with the applicant, I believe it was Friday morning, and went through these -- these same provisions. I didn't get anything in writing from the applicant on the DA modification, but I know Mr. Jewett's here and in the audience is some folks from the Land Group. With Meridian City Council October 14, 2008 Page 13 of 40 that I will stand for any questions. Staff is recommending approval with the changes noted in the staff report and -- verbal and written staff report. De Weerd: Thank you, Caleb. Any questions for staff at this time? Bird: I have none. Rountree: No. De Weerd: Okay. Is the applicant here? Elg: Good evening. My name is Van Elg with the Land Group. 462 East Shore, No. 100. Representing Mr. Jewett this evening. We have had a number of discussions with staff, a number of meetings, and communications with Sonya as well. As this application has been prepared and as the staff report's been drafted, to make sure that we come up with language that is acceptable to all involved. We -- I had a lengthy discussion with Caleb this afternoon as well to discuss a number of the items. I had not yet talked to the applicant -- or to Mr. Jewett about some of these conditions and I guess I'm here to tell you that tonight we are in general compliance -- in general agreement with all of the changes that have been made to the development agreement. There is nothing that is of particular concern. I do need to point out one thing, Caleb. I don't think you mentioned that parcel number eight, which is the fire station lot, is also, I believe, a buildable parcel. And that one would be that parcel right there. Site for a future -- as we have mentioned in the previous hearing, that's a site for future -- future fire station. As Caleb mentioned, this is the conditional use application that you will see -- or the Planning and Zoning Commission will see this week as well. The timing of this development agreement -- the approval of this is very critical to the timing and the ability to process that conditional use application there for these folks. And with that I guess I just need to state that we did make a number of tweaks, but the primary reason for the tweaks were just because of the change in the market and Jim's approach to -- we already had buildable lots out there. The mega lot concept is becoming a bit cumbersome for us as well. It seemed like a good idea at the time. Probably, I don't know, maybe in another application, maybe that would work again. It just didn't seem to work as well for this one and I think Jim's willing to move forward with the platting. I think it was always understood that a number of these parcels -- for example, this here didn't necessarily require platting, as it will be apartments. And so I think we have come up with a solution that staffs comfortable with, that we are comfortable with, Mr. Jewett is, and we hope that the adjacent neighbors and Council will be as comfortable as we are with it. We tweaked a number of items in the development agreement as well that were just clean-up items, as Caleb mentioned. Maybe a wrong zone that had been mentioned or drafted up in it that hadn't been caught the first go around. So, most of the tweaks were relatively minor. I think with that I'll open myself up to any questions that you might have and if we had time for some rebuttal, maybe, after we have had the neighbors talk, we can maybe address some of their concerns that they might have as well. Meridian City Council October 14, 2008 Page 14 of 40 De Weerd: Council, any questions for the applicant at this time? Rountree: Not right now. Bird: Not right now. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This is kind of a sideways subject, but I'm known for that. When this came to us originally there was discussion about a library near the school property. On the proposed drawing I noticed that the school was there. The library bond didn't pass since we talked about it. Is that property still being held in case there is a new library bond or has that gone away? Elg: To my knowledge it's still being held. Zaremba: I didn't hear that. I'm sorry. Elg: Still being held by the library. They still own it. Zaremba: Still being planned for a library? Elg: Yes. Uh-huh. Zaremba: Okay. De Weerd: I have one question and this comes up often in developments on dust abatement. What are your plans for that? Elg: Well, I think you will have some neighbors who will -- who will attest to Jim's efforts regarding dust abatement that -- Knife River, who is the contractor out there at the top, in this area up here, along the Val Vista neighborhood, tried to go to great lengths to abate the dust and sprinkler it down each day and I don't know the frequency of how often he did, but I think that from what you will hear from some of the neighbors, that he did a pretty fine job of trying to do that. So, I think that will continue as any construction moves on. I don't know what the abatement -- what dust abatement will be for the future. Jim, is there -- that may be something that we will have to have Jim address as we move on in the hearing. De Weerd: Maybe when you come up to summarize you can comment on that. Elg: Okay. I will do that. De Weerd: Okay. Thank you. Meridian City Council October 14, 2008 Page 15 of 40 Elg: Thank you. De Weerd: Did have a couple of people who have signed up. When I call your name if you would like to provide testimony at that time, please, come forward. Scott Nichols signed up as neutral. If you will state your name and address. Nichols: My name is Scott Nichols at 2730 West Val Vista Court. De Weerd: Thank you. Bird: Val Vista Subdivision just to the south. I came down just to find out and talk to Caleb this afternoon to find out just what was being proposed tonight. The first thing I'd like to say is that we lived with the re -grading all summer and we didn't have any problems and I appreciate Jim's efforts and Knife River's efforts to keep the dust down and really adhere to the conditions they needed to adhere to. You know, I don't really have any objection to the development and Jim's -- I think, you know, he's -- he's met with us, he's talked about -- you know, we had some disagreements at the very beginning of this project, but he's worked with us and I appreciate that. There are a couple things that I'm going to follow up with Jim on, but I think the fencing was one issue. We as neighbors will continue to talk about fencing with him and, you know, has a solid wall fence and we can work that out with Jim, I think, and maybe Van can bring back our recommendation or we will let you know individually, you know, what we -- what we -- what we think about the fencing. As far as the -- as far as dust abatement or anything in the future, I understand there is still some grading to be done and, again, I'll just talk to Jim about whether he can plant some winter wheat out there and just leave it, because I think it is going to be a few years before that's actually developed, and if he can put a cover crop on there and let it go, that would be great. That said, I don't have any objections to the proposal as it stands and if we have any concems I will continue to just -- I will give Jim a call if I have got any concerns on it, so -- that's probably the way you'd rather have it, too. De Weerd: Thank you. Okay. Lorna Hewitt signed up against. Hewitt: I'm Lorna Hewitt. 2944 South Francine Lane. I just -- I guess I needed some clarification. The library is still a go? De Weerd: That's -- Hewitt: Is that my understanding? De Weerd: They still own the land is what we have been informed. Hewitt: And where was the location of the assisted living facility? Is it on Overland just west of the comer? And how many acres was that? Meridian City Council October 14, 2008 Page 16 of 40 Zaremba: Dueling dots. Rountree: Dueling dots. Hewitt: Okay. You know, the signs are confusing when you read them on the road. So, does -- do you have an answer of how many acres? Did someone say 33.6 acres or something for the assisted living? Do I know that? Does anybody know that? De Weerd: We can ask the developer when he comes back up. Hewitt: Okay. I was just curious, because that was in conflict with what I had known before about the library -- everything -- you know, the comer. You think about the comer when you drive by, you don't -- you don't think of acres. I would like to know how many acres is involved there in the comer. Just a little bit more clarification there. And I know that the next meeting is Thursday, so that would help me clarify that. At this point I don't have anything more to comment. De Weerd: Okay. Thank you. Okay. Now, Steve, I'm not going to probably say this right, but Prisbus. If you will, please, state your name and address for the record. Prisbus: Steve Prisbus. 2530 South Del Rey Lane. Could you, please, put that plat map back up on the -- with all the little lots. Yeah. Okay. As Caleb pointed out, nothing else has changed here. If I'm counting right, they have added three more lots behind me. We had an agreement that that would stay the same. Now, all of a sudden there is three more lots back behind me. I run from that point all the way across to that point. I take the biggest impact from Val Vista. And I would like to know why there is three more lots added and I would like them taken back out. Thank you. De Weerd: Thank you. Prisbus: And also I'd like to know if there was a permit or any kind of okay for that gravel pit that they are using on -- on Overland, because it's a very congested area right now. Very congested. We had no idea that there was even going to be something like that there. De Weerd: Okay. Is there further testimony? Stone: I'm Susan Stone at 2530 South Del Rey Lane and I -- I'm wondering with the lot changes that they have put in there, the many more lots they look a lot smaller and we had been here and battled for 50 foot setbacks and one story homes and all of that and I'm wondering if every time the developer gets a new whim that we have to waste your evenings and come back here and battle and battle and battle, because we invested many hours prior to this -- and I know you guys have, too. And our time is as valuable as yours and I think that it's not fair that we keep stressing over what's going to happen to our property now, because -- and -- I get too passionate. Sony. But I don't think it's fair to make us keep coming back every time there is a change. We -- we had agreed Meridian City Council October 14, 2008 Page 17 of 40 to all of these changes and now there is new -- I mean some more lots, smaller, and if we have to be here to battle every time is a big concern. But also how many vacant homes sit in Meridian right now? Does anybody know? How many vacant -- and abandoned homes and homes that don't look lived in and cared for and is it really the time to open more lots and build more homes when we have so many empty homes. I know that -- but I think that we should probably put everybody's market value -- hold off building new homes until some get sold. De Weerd: Thank you. Okay. Further testimony? Jewett: Jim Jewett. 1560 Carol Street in Meridian, Idaho. I mainly came up to answer the dust abatement question issues. As I testified in the original hearings for South Ridge, dust abatement or nuisance dust is a big issue for me and I know Knife River got a little bit of a late start this year and got more into the summer than I wanted them to, because my original agreement was you're done by summer and you can start again in the fall, because the summers are the most difficult months. But we did have their trucks required to be here started an hour before any work to make sure that we wet down the site and we also installed our own irrigation pump on top of the hill and ran irrigation pipe at night to try to maintain a moisture in the ground, try to abate as much of the dust as we could. We always hope we can do better and we will always strive to do better. With the completion of the grading of Overland Road this fall, we will put the site back into a stabilized form for, you know, a few year hold, so we will put some sort of a vegetation that won't require irrigation that will stabilize and not -- and, hopefully, control the dust for a lengthened period of time. We are extracting a little bit more material out to finish Overload Road once we get two more utilities done. So, if -- I have asked my contractor to be in contact with all the neighbors and if they do have an issue to call immediately, so we can take care of it. We also try to shut down construction on windy days, because we realize that the wind picks up the dust more. I'll just try to address a couple more questions that were asked about the market. Yes, we have houses on the market that are sitting vacant in Meridian and I think that's why you see these changes coming forward on this DA to try to scale back our impact initially. If you remember, first phase originally had 180 plus lots. We have scaled it back to 50, thereabouts, to accomplish the bare essential we need. If you look at the final plat later on you will see that it covers the library site, it covers the school site, it covers our residential care facility, church facility, and it covers about 50 lots. We are really scaling back the minimal we can build now to facilitate those uses that we have already committed to and a small amount of homes, even though 50 homes may seem more than some people want, it's the minimum we could do and make all the infrastructure work. With that I'd stand for any questions. De Weerd: Jim, can you tell us how many acres the assisted living and church -- Jewett: 19.62. And it's directly west of the library. De Weerd: And did you add lots on that south side? Meridian City Council October 14, 2008 Page 18 of 40 Jewett: I just had a count done by Van and it did appear that we added two. It wasn't our intention to add and we will certain capitulate and bring those back out when we bring forward a final -- our preliminary plat on that area. It wasn't our intention to add any lots there. De Weerd: Okay. So, that can be added to the record and -- Jewett: That's correct. De Weerd: Okay. Council, any questions? Thank you. Rountree: Oh, Jim, a question was brought up about the arrangement that you have with Knife River and grading and apparently Knife River and Overland interstate site -- you have an agreement with them to do that? Jewett: We have a -- yeah. We have a one year lease that we -- we actually were approached by all the contractors bidding the -- not the interchange work, but the widening -- the current project widening, because ITD had a requirement in their bid document that the first 500 feet east of the Ten Mile interchange is where they had to have their access point and the facility, so it limited to two parcels, north or south side. And so the winning bidder then signed a lease agreement to run that facility for the construction of the widening and potentially other interstate projects. De Weerd: And it is temporary in nature? Jewett: Correct. De Weerd: Anything further? Rountree: I guess just a question for me. Did you need to get a permit from lands to do any of the grading or did they consider that? Jewett: We made the request whether or not a grading permit was required and we got a confirmation back that none was required. Rountree: That's what I thought. Thank you. Jewett: Thank you. De Weerd: Okay. Thanks. Okay. Any further testimony? Yes, sir. Van Hees: Good evening. I'm Lary Van Hees. I live at 2540 South Del Rey. My property borders the subdivision that Jim is doing and Mr. Prisbus got up -- he said that he owns everything over to -- and I have got to pick out my comer here. You have changed that map on me. But he said everything over to that comer right there. I own a very, very small portion of that comer right there. I just want to tell you that, you know, Meridian City Council October 14, 2008 Page 19 of 40 I have made my living most of my life in construction and it's kind of depressing to see things down the way they are and I'm sure you feel much the same way. I just want to tell you people complain about them working all night. I hear the beep beep beep backing up probably down on the freeway and all across where Knife River is working. It's kind of music to my ears. It makes me sleep a little bit better. It's nice to know something is happening and I think there is a blue horizon, you know, and things are going to be a whole lot better here shortly. Complaining about the houses coming on that too many and how many are the right amount, you know, hopefully, this thing's going to right itself here pretty soon and I'd just like to tell you I -- Jim's been a very, very good neighbor. He's worked really hard at holding down the dust and I thank for him for that and the people he has on the job and I'm just glad it's all going on. So, thank you very much. De Weerd: Thank you. Okay. Any further testimony? Okay. Would the applicant's representative like to summarize? Okay. He's passing on his final words. Council, any further questions for any of our staff or the applicant's representative? No? If there are no questions, I would entertain a motion to close. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing Item No. 9. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Having heard all staff, applicant, and public testimony, I move that we approve MDA 08-004, to include all the staff notes and specifically including the staff recommendation for the two additional changes to provision number 30 and provision number 31. De Weerd: Okay. I have a motion to approve Item 9. Do I have a second? Hoaglun: I'll second. �r IN Meridian City Council October 14, 2008 Page 20 of 40 De Weerd: Okay. I have a second. Discussion? I guess, Mr. Zaremba, I just want it noted in your inclusion of this approval, it is with the removal of the additional lots on the south side. Zaremba: Yes. Thank you. I would add to that the original number of lots along the southern boundary should be restored and the applicant has agreed to that. De Weerd: Thank you. Second agree? Hoaglun: Yes. Rountree: Madam Mayor, I didn't hear in the motion to include all of the comments from the applicant, but one of the comments that they clarified was that parcel number eight is buildable for the future fire station, for the record. Zaremba: Thank you. I'd be happy to include that. Hoaglun: Agreed. De Weerd: Okay. Further discussion? Rountree: I have none. De Weerd: Okay. Hearing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Yes. Rountree: For the interest of Council and anybody else who might be interested, per Larry's comment about the activity on 1-84, pavement was being put down as of this morning on the first two westbound lanes and shortly thereafter there will be two more and, then, they will start on the eastbound lanes. So, hopefully, by the end of the year we will have four new lanes going west and they will start on four new lanes coming east. Item 10: Public Hearing: PP 08-008 Request for Preliminary Plat approval of 17 commercial lots on approximately 8.7 acres in a C -G zoning district for Trade Plaza by Land Investors, LLC — 555 South Meridian Road: Applicant Requests to Withdraw Application fF-pi w � A- J 0 $ x x i P f S y q Meridian City Council October 14, 2008 Page 21 of 40 De Weerd: Okay. Thank you. Okay. Item No. 10 is a public hearing and the applicant has requested to withdraw this application. I would need a motion to accept and acknowledge the withdrawal. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we accept the applicant's request to withdraw PP 08-008. Rountree: Second. De Weerd: I have a motion and second to accept the withdrawal of Item No. 10. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: CPA 08-010 Request for a Comprehensive Plan Text Amendment to revise the Street Sections Map of the Ten Mile Interchange Specific Area Plan for Ten Mile Area Map Revision by City of Meridian Planning Department — Black Cat Road from the railroad tracks to 1-84; Franklin Road between McDermott Road and Linder Road; Ten Mile Road between the railroad tracks and Franklin Road and Ten Mile Road from I- 84 to Overland Road — all within the Ten Mile Interchange Specific Area: De Weerd: Item 11 is a public hearing on CPA 08-010. 1 will open this public hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council, Item No. 11 is a Comprehensive Plan text amendment and that amendment is proposed to the Ten Mile area map. It's a map revision, although it's text that's referenced in our Comprehensive Plan. There are -- up on the board is the general vicinity of the Ten Mile interchange specific area plan. Within that specific area plan is the plan, the text, and associated with the text is a map that has designations for where future collectors should go, as well as the existing arterial street section and local streets as well. Also on that map are letter -- letters that are circled with a dark color and those different letters represent different street typologies. The upper left diagram is the current map that's associated with that Ten Mile area plan. What staff is proposing is to designate the arterials, which were left off of the map in the first place for Black Cat from the railroad tracks to 1-84, Franklin Road between McDermott Road, Ten Mile between the railroad tracks and Franklin, and Ten Mile from 1-84 to Overland Road. So, if approved, essentially, what would happen is we are going to take out the old map that goes with that Ten Mile area plan and insert the one you see on the bottom right, except for the red highlights that are just there for illustrative purposes to show you what changes are being proposed. So, the changes that are being proposed, aside from the designations to B for Ten Mile, Meridian City Council October 14, 2008 Page 22 of 40 Franklin, McDermott, Linder, Black Cat, is the removal of the street designation for LaMont. If you recall, we had an area down here that fell off out of the Ten Mile area plan and we decided to look at that in south Meridian at a future date and figure that out at a later time. So, we are taking -- taking that designation off of the map, so to not confuse people, because it's not part of this plan. The third change is to add a little note down here. I would be really surprised if you could read it. What it says is that medians are not necessary on this roadway section. So, that applies to a couple of those. It doesn't mean they won't be included, but they are not a necessity for certain roads. Let me jump to the street sections real quick, so you can see what a street section B looks like. A is also included in this diagram, but, really, the adds are the B's. The main difference between the A's and the B's is that you have a bike lane in the B's, but, essentially, the street section is the same, minus the -- the bike lanes. There are both -- for arterial streets, again, you're looking at two lanes each direction with a center medium, with the median cuts for access if need be, so you have breaks and that's where -- for tum lanes. The Planning and Zoning Commission acted on this item on September 18th. Gave a favorable recommendation to the City Council. No one testified. We didn't have anyone providing any type of written comment, except for ACRD, who submitted a letter in support and they show that the proposed street sections are consistent with the draft TLIP designations. The Commission did have a question about the difference between A and B and, hopefully, I just answered that, and they didn't have any changes for staff. And with that I will stand for any questions you may have. De Weerd: Thank you, Caleb. Any questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, per the typical section and your comment about -- on the map about medians may not be necessary, is that applicable to these. Is that where the note takes you? Hood: Madam Mayor, Councilman Rountree, yes, that is where the note takes you and it's going to be a case by case. We haven't got that far. When we see development applications come in, we will decide where medians actually need to be or should be or not be. Rountree: It seems to me that as opposed to confusing the map, could you not have just labeled those typical sections under the median and say median will be proposed where necessary? Hood: That works. If you want to make that in the motion. I think we can incorporate that. Sure. Rountree: Well, that's what people are going to be looking at. Meridian City Council October 14, 2008 Page 23 of 40 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Refresh my memory for a moment. Portions of the Ten Mile area plan go as far east as Linder; is that correct? It looks to me like Linder is one of the borders of this area for -- certain portions -- Hood: It does go to Linder. I don't remember the exact locations. I think we cut out some of these folks from being part of the plan. So, north of the interstate I don't believe it does go to Linder. South of the interstate, though, it does. So, what we just saw and what you will see in the first final plat are part of this Ten Mile area plan. Zaremba: Okay. That brings up -- I don't know if this has gotten into people's conscious's yet, but on the subject of a future overpass of 1-84 on Linder, the parks commission is putting together to bring forward to the City Council and eventually ACHD a recommendation that that bridge provide a multi -use pathway crossing, as well as a regular pedestrian crossing. So, since portions of it do get into this plan, I just wanted to make sure that that begins to be in people's consciousness that that request is coming. Rountree: Madam Mayor, my only comment on that request is, please, be specific about what multi -use means. Zaremba: Yeah. They do plan to specify it as ten feet wide and with a barrier of some sort between the pathway and the traffic. They haven't decided which side of the bridge it should be on yet. But, yeah, I did suggest that they be as specific as they could. De Weerd: Okay. Any further questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. This is a public hearing. Is there any member of the public who wishes to testify? Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we close the public hearing on Item No. 11. Bird: Second. t ; gH Meridian City Council October 14, 2008 Page 24 of 40 De Weerd: I have a motion and a second to close the public hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve CPA 08-010 for the Comprehensive Plan text amendment as proposed by staff. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Did you wish to provide the additional language on that one change? Rountree: And include the change on the roadway typical sections related to the median. De Weerd: Okay. Second agree? Zaremba: Yes. De Weerd: Okay. Any further discussion? Seeing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 12: FP 08-017 Request for Final Plat approval for 60 building lots and 11 common lots on 33.60 acres in a TN -C, TN -R and R-8 zones — the breakdown of the lots is as follows: 5 commercial lots in TN -C zone; 1 public/quasi public lot in a TN -C zone; 1 public school facility in a TN -R zone; 16 single family residential lots in an R-8 zone; 37 single family residential lots in an TN -R zone; and 11 common lots for Southridge Subdivision No. 1 by Linder 109 LLC — south of West Overland Road and west of South Linder Road: De Weerd: Okay. Item 12 is FP 08-017. 1 will ask for staff comments on Item 12. Hood: Thank you, Madam Mayor, Members of the Council. Staying in the same general vicinity, this the first final plat phase of South Ridge Subdivision. There is an aerial there showing, generally, where this phase is. Got another map that kind of shows you a little bit better detail where we are talking about. The plat on the left is the Meridian City Council October 14, 2008 Page 25 of 40 actual preliminary plat itself. The plan on the right is a landscape plan. So, disregard some of those parcel lines that you see here. Those don't follow necessarily anything on this map. But talking about the final plat of the property here. I think there were -- as the applicant mentioned earlier, about 50 alley load lots in this block here, these three blocks here. And, then, your school site, library site, and, then, it looks like five pad sites for future commercial type users right on the intersection of Overland and Linder. This is an out parcel, not a part of the subject plat. And, again, a proposed assisted living care facility would be right there. Staff did provide written comments -- or the applicant provided written comments to staff late this afternoon and I did send that e- mail as an attachment to you all. You should have it in the packet that I provided. There were four things that they had on their list. I wanted to just briefly talk about a modification to number eight, which the applicant -- it's their number two in their e-mail. But condition number eight, I wanted to clarify and I will make this change in the final plat order, that the internal landscaping only means along internal streets. So, internal landscaping does apply to internal streets and common lots that are internal to the subdivision. It doesn't mean that they have to go in and put the landscaping on the school site or the library or anything like that, but the perimeter and along streets and any common areas need to be landscaped with the final plat. So, I did want to make that clarification. There was some confusion about what internal landscaping means. It was never the intent for them to go and have to put in all of the yards and, again, the playgrounds and whatnot, associated with other uses. With that I think I will stand for any questions. On behalf of the deputy fire marshal I would like to also just clarify -- and the applicant actually brings this up in their e-mail. Condition number seven speaks of a 15 foot alley radius. They state that they don't think they will have any problems with that, because the engineer didn't seem to know that this was a problem and they are willing to speak with Joe Silva about that. But the applicant is willing to meet the radius requirements as required in the staff report for the 28 foot inside and 48 foot outside, particularly as they relate to the alley intersections of a public street. So, looking at multiple points where those radiuses need to be maintained. So, with that I will stand for any questions. De Weerd: Thank you. Council, any questions for staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just to clear up any confusion I might have, we have heard about an assisted living facility to the west. That will be the subject of a future hearing and a future final plat? Hood: Madam Mayor, Councilman Rountree, and Members of the Council, no, there were -- I mentioned in the previous one there were four -- four or five parcels that -- or not -- are going to be no longer required to come in for platting. Parcel nine, parcel eight, parcel four or five, I can't remember. Parcel two was one of the other ones. So, Meridian City Council October 14, 2008 Page 26 of 40 those four do not require final preliminary or final platting, they have got legal parcels of record that they can develop on. Rountree: But do we not need a final plat to show the transportation infrastructure? These lots will ultimately will be ACHD's -- Hood: Madam Mayor, Councilman Rountree, so I understand the question, are you referring to additional right of way that the highway district may need or ITD or -- Rountree: No. I'm referring to coming off that circle right there. You can have a road and to me that road needs to have a final plat on it to show how it's going to access to the west, so even if the assisted living is something in the future and we hear it as a CUP, I suppose, that road that accesses that lot, does it not need a final plat or can ACHD just take a metes and bounds description and go from there? Hood: Madam Mayor, Councilman Rountree, Members of the Council, that application - - they are, actually, proposing this be the terminus of a public street. So, going in further it will be private street, address a private lane. It just dead ends into their property. Rountree: Okay. That's helps. Hood: Sorry I didn't understand the question originally. Rountree: Well, it wasn't very clear. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just like to make a comment on the turning radiuses that the fire department always asks for and the discussions that we have about the widths of alleys and streets. When we have had those discussions I personally have envisioned what space do we need for a fire truck to go down a street or down an alley or turn a comer and the fire department and myself are becoming much more aware that sometimes it isn't always just one fire truck. The recent huge fire in Boise was followed a week or so later by a pretty sizable fire in Meridian where more than one fire company responded. That can clog up a street and make firefighting unworkable very quickly if we have streets that are too narrow or turning radiuses that aren't adequate. So, I have learned and will be increasing my defense of the fire department's requests. Just a comment. De Weerd: Don't tell Ron, Joe. He gets a big head. Okay. Anything further from the Council? Would the applicant's representative like to comment? Elg: Madam Mayor, Members of the Council, my name is Van Elg. 462 East Shore, No. 100. With The Land Group. And representing Jim Jewett this evening. You will Meridian City Council October 14, 2008 Page 27 of 40 see in the staff report that was forwarded to you this afternoon, a memo, I believe -- Caleb, you gave them that e-mail with the four items? I hadn't had a chance to talk with Jim at that point. They were items that we weren't sure if he was going to have some -- some difficulty with. The first one was item number eight. We have talked with Joe. I don't think there is any issues with that. We can -- there is room -- ample room for us to meet that requirement for those radius to the alleys and Joe even drew us a diagram to make sure we understand correctly. So, we have got that down. The other items that I had mentioned, I don't think there is any -- as I talked with Jim, we don't have any particular questions about it, other than Item No. 8, which was the internal buffering landscaping. Caleb explained that. We understand. Don't have any issues with that. So, I think we are in agreement with the conditions of approval for the final plat and we ask that the Council approve the conditions as stated. De Weerd: Okay. Council? Rountree: Madam Mayor, questions for Ben. Do you happen to have a typical section or a cross-section that would show the landscape treatments? Elg: I don't have one with me, no. Rountree: Okay. Question for Caleb. Was that submitted with the final plan -- or final plat? Hood: Madam Mayor, Councilman Rountree, I'm looking at their landscape plan. Just about ready to open it up. Rountree: Okay. Elg: At 1.0 has one as well, Caleb. Hood: The landscape plan's on several sheets. Do you want to just look -- look for what you're looking for? If there is a specific question about landscaping, I can certainly try to answer it. Rountree: I just wanted a sense of what's going to happen at Overland and Linder and what we might be seeing in some of those side streets -- or cross streets in the subdivision itself and in the traffic circle. Hood: It's probably best, then, if I just give you the plan and let you look at them. Elg: Madam Mayor and Councilman Rountree, if I could, one of the conditions in 13-A states that we have to have a minimum density of a tree for 35 lineal feet along the required street buffers. Apparently there is somewhere in that that we may not -- or may that was just a condition staff stuck in there to insure that we are aware of it as a standard condition. And we will comply with that as well. You'll see a variety of Meridian City Council October 14, 2008 Page 28 of 40 attached and detached sidewalks that the detached sidewalks are primarily in the TN -R area. The sidewalks are primarily attached within the TN -C -- the internal streets of the TN -C area from a pedestrian nature of that zone. Rountree: Anybody else want to -- my question is, again, on Overland and Linder. It appears by the plans that -- that what happens on those individual lots might very well be up to the ultimate purchasers of those lots. My concern is some consistency, instead of having one, two, three, four different landscape treatments being viewed by passersby and ultimately the residents and users of this area. My preference would be some kind of a consistent guideline at least on the final plat and all I see is a sidewalk. Elg: Okay. If I could, I'd just point out in condition number 11, Madam Mayor, Councilman Rountree, it states that -- Rountree: I don't have that in conditions. Elg: I'm song. That condition requires that prior to signature of the first final plat that we have to go through the design review committee or submit plans that specify the purposes, the guidelines, and building materials and such and I would assume that the landscape is part of that. So, we will be going through DR as well. Correct, Caleb? Rountree: I want to confirm with Caleb that the design review also addresses the landscaping. Hood: Madam Mayor, Councilman Rountree, that is correct. That's part of the site design and landscaping requirement. The only thing I can answer in the affirmative is I don't know where our design review is going to go. Obviously, we haven't had our public hearings yet, it hasn't been adopted, and we don't have an effective date, so don't know their timing- versus our timing. We need to have it as a legal process before we can send them through it. We have to adopt some standards and those are still -- just a quick aside, we did submit the application last week. It is scheduled for the Planning and Zoning Commission, but we are still talking at least a couple months before we are going to have adopted standards. Rountree: But we do you have some landscape standards on corridors. Hood: As proposed they are. Yes. And in the UDC we have entryway corridors that currently require landscaping. Rountree: Okay. So, we can address the consistency issue there. De Weerd: Caleb, did we receive elevations on this in the preliminary plat? Hood: Madam Mayor and Members of the Council, this is one of the things where Mr. Jewett didn't address -- which I kind of sort of asked him to in the last meeting. We still Meridian City Council October 14, 2008 Page 29 of 40 haven't see a design manual or any elevations for any of the -- well, except for the assisted living that's going through a CUP, we haven't seen any elevations for any of the other buildings. Elg: And that is a condition -- Madam Mayor, Members of the Council, this is conditioned in the conditions of approval that that design manual has to be here before we can -- before this final plat can be signed. Rountree: That is a matter of record in the previous hearing that's condition 26 that before the final plat is signed you will -- you will provide that to the city for approval. Elg: Correct. We are aware of that. De Weerd: Okay. Any further questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you. Elg: Thank you. De Weerd: Okay. Council, what is your preference? Rountree: Madam Mayor, this is not a public hearing and typically we don't have a public hearing on a final plat, but I think there is some folks here this evening that had some questions about this and given that we are probably not going to be here until 2:00 o'clock this morning -- tonight -- or tomorrow morning, if they had a comment or two I -- I would welcome that. De Weerd: Okay. Rountree: But don't make me eat my words. De Weerd: If you will, please, state your name again for the record. Stone: Susan Stone. 2530 South Del Ray Lane. De Weerd: Thank you. Stone: My only question about this development is I don't know if you have been in neighborhoods -- most of the neighborhoods I have been where they have these alley load lots, they have like visitor parking or something, because if you don't have anywhere for visitors to park -- and I don't know how many people actually put their cars in their garage, but if you have cars on both sides of that street and there is -- it just doesn't seem like there is anywhere for -- if there is a birthday party on that street, are we not going to be able to get down the road? I mean people do not -- I mean are they Meridian City Council October 14, 2008 Page 30 of 40 going to have no overnight parking along the road or is it just going to be nothing but a parking lot, the whole street. I don't quite understand how that's going to work. Because the lots are very narrow and our friends live in a development down in Kuna where the lots are 50 some or 60 some feet wide and they don't have garages and there is no -- you drive down there and there is cars parked at an angle and it's -- I mean there is like no place to park and if these are little homes with no road parking, I'm not quite certain where visitors will park or where people -- or if there is an emergency vehicle and the road's crowded with cars -- because it seems like every house seems to have more than two cars nowadays. De Weerd: Thank you. Any further comments from the public? Van, do you have an answer for that? Rountree: We have heard it before, but go ahead. Elg: The -- I was just chatting with Jim back there about the alley loads. The intent is that there will be two and three car garages back there, so there will always be some additional parking back in the back in the alley and parallel parking will be provided along the streets and there are no time limitations that I'm aware of the parking along the street there, so -- De Weerd: Is it the standard street width? Elg: Yes. De Weerd: Okay. Elg: And this is the same concept that was presented at the regional master plan, too. So, it's not a change from that. This plat that you see here is, in effect, identical to what the original master plan was laid out like, so -- De Weerd: And I would say to some of these alley loaded neighborhoods, the street widths are not the standard, they are less than the standard, so this one is a standard, so you can have -- can accommodate parking. Okay. Council, anything further? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And my question would be if this street is identified as a collector, typically, we don't allow parking on the collector. Elg: I think, Jim, don't -- I think we are approved for parking on one side of the street on this one through ACRD. , s` 3% i u°.YT n 4 e II 4 � 4 SJ IN �' .�,�'.:, t . RV Fse�,:s; � ... .' ,4 r.: ,:: .� tr:r ..� 3A'r.` �R. 'i. _L�i1 •. � { ,.. � ...:, `� ,. _ F Meridian City Council October 14, 2008 Page 31 of 40 Zaremba: And I don't know whether it's identified as a collector or not, but it just looks like one that would be.' De Weerd: It must be a minor. Elg: Yeah. Whatever that -- whatever it is right now. I don't recall right off the bat, but it is -- we have provided -- or we are allowed to have parking long the street. Zaremba: But you do know that you can have parking. Okay. De Weerd: Okay. Anything further? Thank you. Okay. Council, I need what your preference on this item is. Need a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the final plat for Item FP 08-017, subject to staff comments, testimony received this evening, and previously approved amendments to the original preliminary plat. Zaremba: Second. De Weerd: Okay. I have a motion and a second on Item 12. Any discussion? Just to clarify that the applicant will meet the fire department's requirements on the alley radius. Rountree: I agree. Zaremba: Second agrees. De Weerd: Okay. Hearing no further comment, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Legal Department: 1. Recommendation from SWAC for Community Recycle Fund to The Idaho Foodbank for $19,500.00: ` to "y a � � z% } "� 's' � 3[� r ➢ ,s 1 $Uk t Meridian City Council October 14, 2008 Page 32 of 40 2. Recommendation from SWAC for Community Recycle Fund to Hope Arms Apartments for $10,611 for Playground Equipment: 3. Recommendation from SWAC for Community Recycle Fund to Compass Public Charter School for $6,000.00: 4. Recommendation from SWAC for Community Recycle Fund to Woodbridge HOA (No funding recommended): 5. Discussion of SWAC Funds: De Weerd: We did remove Department Report 6-A, one through five. And so we will ask Mr. Nary to give a report on the SWAC. Nary: Madam Mayor and Members of the Council. And thank you for moving this to the end of the agenda, so I could get here to provide this report. The five items from the Solid Waste Advisory Committee meeting that are recommendations for the Council for action -- the first was a request for community recycling funds in the amount of 19,500 dollars for the Idaho Food Bank. Mr. Simon from the Food Bank was there at our meeting to present the success of the program. They served over 2,000 people in Meridian since April, because their fiscal year operates differently than ours. But since April they have also now added to this program the two Albertson's stores located in the city. So, now they collect this food that is still eatable food, that's close to expiring. They collect it from Fred Meyer and two Albertson's, they take it first to the Meridian Food Bank location, secondarily to the Meridian Methodist Church and so they get first pick of whatever it -- whatever the food they have. They do this on a weekly basis and, then, they distribute it to the needy people in our community. So, it's been a very successful program from their perspective. We have a discussion about the needs of this particular program as an ongoing need, because the original one, if you recall, when we funded the portion last year was to purchase the vehicle that was used for transporting the food. Now, these are just ongoing capital costs for them and maintenance and operations and the like and Mr. Simon did recognize that it's sometimes difficult for people or municipalities or private entities to fund those things, but he did remind us that, you know, these are good programs and we only look at them as a one year thing or a capital cost only output that really diminishes their effectiveness and their ability to provide it. Probably when we get to number five it will make probably more sense anyway, but the committee was in favor of funding the full request, which was 19,500 dollars for the next -- for this fiscal year. Number two is a request for funds from the Hope Arm Apartments, 10,611 dollars for playground equipment. One of the concerns we have had discussions before with the Council from the committees perspective is that if community recycling funds are being used for a project that would be available for all the people of the city to use it. That's why most of the funding has been on public school grounds and public parks and Western Ada Recreation District facilities and the like. This one was a little unique in the sense that we -- this is a low income facility for folks -- they don't have the means to gain other funding. It isn't like a Meridian City Council October 14, 2008 Page 33 of 40 homeowners association that could raise their homeowners' charges to pay for these types of things. They don't really have the means to do it. They are willing to put up signs that would put everyone on notice that this playground equipment was for everyone's use, not just for the residents and their facility. It is visible from Meridian Road. So, for those two reasons the committee felt it was a worthy project to fund for this 10,000 dollar request. The next one was the Compass Public Charter School. You recall we had approved this in the previous month. We asked that it rescind that request. The committee did bring it back up. They actually asked for 12,000 dollars for these -- for this -- the playground equipment as well. The committee recommendation was for half of that. Six thousand dollars was the same amount the committee had recommended and the Council had approved for a different school site, for River Valley Elementary, for their playground equipment. So, the committee was agreeable that as long as, again, it was -- notice was put out for the public that they can use this facility, this was serving people within the City of Meridian, but the committee wasn't willing to recommend the full amount they were requesting, which is 12,000 dollars. The final one, number four, was a request from the Woodbridge homeowners association. This is for 36,000 dollars for -- to be honest, probably a more expensive playground than we have funded in any park in the city. A beautiful playground. But the committee's concern was the playground was not visible from a public street, it was behind their clubhouse and pool, it was adjacent to a future pathway, but the pathway is not constructed.- So, the ability for other citizens in Meridian to know it was there, to be able to access it to use it, was very limited and the amount was very high, but even a smaller amount the committee did not feel was reasonable for the way this was proposed, because it just didn't feel right, that it really felt like a homeowners park and did not feel like it was a public park or use for the public to be able to use it. So, the recommend was denial for that request. The final item, discussion of SWAC funds. The chair, Nancy Mann, who I believe has been on this committee since it was started, we had a discussion, really, around the issues that we talked about with the other four items. The accessibility, future use, long term accessibility. One of the things that was discussed by the committee was that -- from Chairman Mann's perspective -- the original thought was -- from her recollection was when these funds were going to be available that they would be for very public park uses. The city parks or Western Ada's park grounds, but things that were very visible. Because there was such an abundance of funds for a number of years, it was also felt that it was appropriate to consider these community projects from the schools, from homeowners associations, from other entities. Her view was that the funds are probably going to be diminishing. You will be having a conversation in November's workshop with SSC on a new system of trash collection that they are looking at proposing, probably before the beginning of the next fiscal year. So, Chairman Mann made the motion that after this fiscal year would these funds -- that the future funds and whatever there is, be determined by this Council to either go to the parks department for uses within the city parks or whatever the Council please. If you apportion it between Western Ada and the city, but to not put the -- I guess the committee in a position of deciding the worthiness of every single project, but, again, predominately because we don't believe there will be significant funds available after this fiscal year. So, that was the last item. Really, it's just a recommendation from the Meridian City Council October 14, 2008 Page 34 of 40 committee. You don't need to take action on number five at this particular time, but the other four do need your approval or denial. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On the first one, Bill, I know it was about that or the same amount last year and we actually helped them get some capital equipment and it is a great program. My only concern is -- and I apologize for not being at the last SWAC meeting, but do they have an audit, an existing audit, so we know for sure -- you know, we are looking at this thing at about 40 grand in the last couple of years if we do this and I'd just like to make sure -- increase my comfortable level a little bit that they may have an audit finding that might not be too good or that they have got a great audit and their accountability is top notch. I don't question that, I'm just looking at it for my comfort level. Nary: Certainly. Madam Mayor, Members of the Council, Councilman Rountree, you know, we didn't discuss that with Mr. Simon. Certainly if that's the pleasure of the Council, we can certainly hold off. This is -- this is for operational costs. Last year was 15,600, which was half the price of the vehicle itself. So, this is half the price of the -- and that was one of the questions I asked them, I mean because by this request he's saying it cost 39,000 dollars to run this program for one year in the city and he says it does. So, certainly prior to expending the funds or the Council's pleasure is to have Mr. Simon come and bring that information, that we certainly could have that done at our next available date. Rountree: Well, I would guess that they would get that done on an annual basis. Nary: I would assume so. Rountree: Just a copy of I think -- Nary: Okay. Rountree: -- for our records would be satisfactory for me at a minimum. Bird: Yeah. That would be my minimum and I would not vote on it until I do see something like that. I mean we are talking about a lot of dollars. This -- this was, actually -- SWAC was to be used to match recyclable equipment and stuff. It's to encourage using recyclable playground equipment and stuff and I agree wholeheartedly with what Nancy said and is proposing. I believe between our two parks department and park stuff we can spend most of the money. I do want to say something on this whole farms one, number two. I'm so glad to see that. We have all been around Meridian long enough to realize what that development was. Mr. Overton can really tell Meridian City Council October 14, 2008 Page 35 of 40 you some good stories. And they have got some management in there now that's really taken that and Tammy and Charlie and I have and I think David has all -- the last two or three years of Night Out have been able to visit it. It is a -- they have turned that thing around 180 degrees and I'm so -- I'm so thankful that we are able to help that, even though I understand it's a private deal, but it is more visible than some of these other projects that we have donated to and what they have done over there has been fantastic. I mean it is un -- it's beyond belief. I would have never believed it would happen at that location, so -- and I'm like Mr. Rountree, I would have nothing -- you know, the Food Bank's a great thing and willing to help them, but I want to see -- I want to see at least a copy of an audit of something. I'd like to know where they are spending 39,000 in overhead. Hoaglun: Madam Mayor? Question for Mr. Nary. At one of my first Council meetings here not that long ago we talked about Compass and that was the other request. What has changed in terms of -- there apparently was going to be located behind a fence, you know, out of sight, it was -- has that changed at all, even though the amount has changed, it's still going to be in the same location? Are they going to do signage? Can you help me out on that? Nary: Sure. Madam Mayor, Members of the Council, Council Member Hoaglun, no, none of that particularly has changed and we did have a lengthy discussion about it. And I think that's part of maybe what Chairman Mann's concern was is in trying to evaluate these projects. If we wanted to continue -- and, again, because there is a -- I guess a belief on her part that we won't have a lot of funds to distribute, but if we are going to continue with these projects, one of the concerns that we have is right now they are willing to put a sign out on Cherry Lane on their -- where ever they are allowed to put it, somewhere on their fence or near their fence, so the general public would, again, know they can use that facility when school is not in session. Recently the committee recommended and the Council approved some furniture at the Meridian Academy School in their library. Not really usable by the public, but it did fit the criteria. And so it's trying to balance those needs. Again, this particular school, it's not a Meridian -- it's not a Joint School District No. 2 public school, it is available to the public. Not all the students go to -- are all from Meridian, but certainly some are from Meridian. So, we did wrestle with it. It is a concern. It is not the most visible piece of playground equipment around, so that is a concern, but we have also funded other projects that sometimes don't have a lot of visibility either. So, we were, I guess, trying to balance both of the needs, that it is within the city, it does serve some citizens, it will be available to the public, but there is some challenges to its access and so that's kind of where we tried to divide those different concerns. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Do you have follow up? Meridian City Council October 14, 2008 Page 36 of 40 Hoaglun: Just -- if I might, Madam Mayor. Just to follow up on that. And I can see where they would have to split the baby on that and look at that. I mean it is a public charter school, it's not a private school, you know, like the library, that would do it, and I just wanted to comment, then, on number one, you know, we probably do need to due our due diligence and make sure we look at the -- at their audits and different things to make sure we are spending money appropriately. So, I think that's a good idea. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: On the Compass public charter school, my concern is the way they have fenced it now. They have the vinyl fence facing Cherry Lane and chain link down the -- which I compliment them on that, down the east side. But once the church leaves, my concern is the way they have fenced it and stuff, are they going to lock it out? I mean I have no problem giving them 6,000 dollars, but is it the best use we are going to get for 6,000 dollars for our public. And I like charter schools, it's not that, but I'm afraid -- in the first place, they are not going to want the public in and around that school I don't believe. I might be -- I might be wrong there, but I don't -- when they are not in session or something. So, I -- Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, Council Member Bird, I mean that was -- that was part of our discussion. I don't disagree with you at all. In fact, one of the reasons, again, why Chairman Mann said that she felt it was more appropriate to get out of doing these things is because of that long term access issue. We funded a private homeowner park in Bedford Place. The homeowners association we funded a small playground and I went and looked at it as part of this project and embarrassed as to what this playground looks like. But we required that they put up a sign saying it was available to the general public. It doesn't say that. What it says is that it was funded by recycling money. Where it's located I don't know that anybody else would use it either. Don't know that it ever gets used by any members of the general public, other than the people that live there. But I think that's -- that's the dilemma we face. Right now if -- for example, like what Council Member Bird's saying on the charter school, if the city funds the 6,000 dollars and a year or two from now they just decide that sign is bothersome and they take it down, we really don't have a recourse for that. We don't have a means to get the money back. If -- and that, I guess, is where Chairman Mann was really coming from. That's the problem. And we don't do it with a park where we have some control from the city or with a partner, whether it's Western Ada or even the school district, that we have some confidence that we won't have these issues of the continuing access or use, that makes it difficult to want to do that. So, we did wrestle strongly with these issues. We were trying to be fair to the Compass charter school and trying to Meridian City Council October 14, 2008 Page 37 of 40 treat it like we did some other ones, but your concerns were -- are certainly legitimate and it was a difficult call for the committee to make this recommendation. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I had a whole bunch of points and most of them have been made, so you will all be glad to know that I won't repeat those. But I would chime in in support for number five of them establishing a policy that limits their applications and gifts, I guess you call them, to Meridian public parks and Western Ada Recreation parks. I think that's a fair way to resolve the issues in the future. De Weerd: Mr. Nary, I guess what I would also like you to take back to SWAC -- we appreciate their review of each of these and looking at it to be fair and equitable, but I'd also like SWAC to take a look at how can we continue to encourage this separated recycling, so that these funds continue to be available and to continue to report the use of recycled material and the public awareness that comes with that, so -- Nary: I could do that, Madam Mayor. Madam Mayor, Members of the Council, I would recommend, then, maybe on item one, the Idaho Food Bank, that we set that over maybe to the 28th, I'll get a hold of Mr. Simon, so we can get a report. From what I understand from the Council, you're not -- you're not wanting him to make a report, you would just like to see a report; is that correct? Rountree: If they have a contact -- Bird: If they have got an audit, yeah. Nary: Okay. Zaremba: To go into the records. Nary: All right. I will ask him to provide that. So, we set that matter over to the 28th. So, really, it's your pleasure on the other three recommendations at this point. Rountree: Madam Mayor, I will take a stab at a motion here. De Weerd: Okay. Rountree: I move that we request further information in the form of a current audit for SWAC recommendation number one and move that until our regularly scheduled meeting October 28th. Zaremba: Second. Meridian City Council October 14, 2008 Page 38 of 40 Rountree: Not done yet. That we approve the recommendations for items two, four and five, and that we deny the recommendation for item three. Zaremba: I second all of that. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Mr. Nary, I guess just one thing to add to item one. If we can have any kind of feedback or comment from the Meridian Food Bank on what this program has meant to them, the impact it has, and that -- that would be very pertinent. Nary: Madam Mayor, I will contact them and the United Methodist Church, too, so we can get their comments. Item 13: Executive Session per Idaho State Code 67-2345(1)(b) — (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student); (c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) & (f) — (to consider and advise its legal representatives in pending litigation): De Weerd: Thank you. Okay. Well, thank you, Council, for that. We are at Item 13. 1 do need a motion to adjourn. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we go into Executive Session per Idaho State Code 67- 2345(1)(b), (c) and (f). Bird: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk will, you please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 14, 2008 Page 39 of 40 EXECUTIVE SESSION: De Weerd: I would entertain a motion to come back into session. Zaremba: So moved. Hoaglun: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 14 is potential personnel action. Council, on February 1St, 2008, 1 appointed and you confirmed Jaycee Holman as our city clerk and for the appointment to be effective February 15th, 2008. At that time Will Berg had accepted another position in my office as the community liaison. I am asking you tonight to reconfirm that decision by terminating Mr. Berg as the city clerk effective February 15th, 2008. Zaremba: Madam Mayor, so moved. Hoaglun: Second. De Weerd: Okay. I have a motion and a second reaffirming the earlier vote that I move to terminate — that Will Berg was terminated as city clerk effective February 15th, 2008. Rountree: Madam Mayor, discussion. Just for clarification. The termination was so Mr. Berg could accept the community liaison position. De Weerd: That's correct. Rountree: Correct? De Weerd: Uh-huh. Rountree: Thank you. De Weerd: Oh, do I need a roll call? Madam Clerk. Bird: Before I vote I want to clarify that back in February I would have voted no and that's the way I will cast my vote at this point. Roll -Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. So motion carries three to one. Meridian City Council October 14, 2008 Page 40 of 40 MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Council, that is our agenda. I would entertain a motion to adjourn. Rountree: So moved. Zaremba: Second. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes.. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TA De WEERD DATE APPROVED ATTEST: JAYCEE LMAN, CITY R SEAL T 191 . October 10, 2008 MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT ITEM NO. 5-A REQUEST Utility License Agreement with North Slough Lateral Users Association for Meridian Fire Station No. 5: AGENCY 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: COMMENTS See attached r% -LW �� Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. lJ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO.- Moffatt, O: Moffatt, Thomas, Barrett, Rock & Fields, Chartered 101 S. Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701-0829 UTILITY LICENSE AGREEMENT • (Space Above For Recorder's Use) This Utility License Agreement ("Agreement"), is entered into and made effective this day of , 20 , by and between NORTH SLOUGH LATERAL USERS ASSOCIATION ("Association"), a duly organized lateral ditch association, acting under the authority of Idaho Code section 42-1301, et seq., whose address is 2685 W. Chinden Boulevard, Meridian, Idaho 83642, and (name of other party) ("Licensee"), whose address is NOW, THEREFORE, in consideration of the mutual benefits to be received by the Association and Licensee, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: Grant of License. The Association hereby grants a License ("License") to Licensee for the purpose of crossing the North Slough No. 1 Lateral, also known as the Simpson Lateral (hereinafter the "North Slough No. I Lateral") at the location described in Exhibit A, appended hereto, in order to construct, operate, inspect, maintain, and repair This grant of (list crossing(s) -- power, gas, cable, phone, etc.) UTILITY LICENSE AGREEMENT - t BOI MT2:573390 2 Revised 6/10/05 License is subject and subordinate to any and all property rights the Association may have in the North Slough No. 1 Lateral. Licensee expressly acknowledges and agrees that this License does not grant Licensee the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the Association or others in the use of the North Slough No. 1 Lateral. This grant is expressly conditioned upon the prior receipt by Licensee of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement, and is further expressly conditioned upon the Association's prior approval of all drawings and plans concerning the activities to be conducted by Licensee under this Agreement. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as Licensee is in compliance with the terms of this Agreement. The Association reserves the right to revoke this License, effective upon written notice to the Licensee thereof, should Licensee at any time fail to comply with the terms of this Agreement, and fail to correct such noncompliance within ten (10) days following service of written notice by the Association. 3. Construction, Inspection, Maintenance, Repair, and Replacement of Crossing. Licensee, following execution of this Agreement by the parties, may have access across the North Slough No. I Lateral to conduct such construction, inspection, maintenance, repair, and replacement of the (type of crossing) as may be reasonably necessary, subject to any restrictions imposed on Licensee's activities as may be set forth in this Agreement. Licensee or its agents and contractors shall perform any work in a workmanlike UTILITY LICENSE AGREEMENT - 2 BOI_MT2:573390.2 Revised 6110105 • E manner, and in accordance with the Engineering Plans and Specifications referenced in Exhibit B. Any activities by Licensee which may impede or impair the flow of water through the North Slough No. I Lateral may only be performed during the non -irrigation season, which is usually between November 1 and March 15. Licensee expressly acknowledges that the Association does not relinquish its ownership rights in any portion of the North Slough No. 1 Lateral. 4. Utility Crossing. Licensee shall not allow any Utilities (except Licensee if it is a Utility) or any private party to attach to Licensee's facilities governed by this Agreement, cross any portion of the North Slough No. I Lateral, or otherwise use or encroach upon the Association's easements, without the express written consent of the Association. Said written consent may take the form of an addendum to this existing Agreement or, the Association, in its discretion, may require that separate license agreements be executed between the Association and the Utility or private party seeking to cross the North Slough No. 1 Lateral. 5. Express Waiver. In the event that any Utilities or private parties do attach to Licensee's facilities governed by this Agreement, cross Association facilities and/or systems, or share in the use of Association's facility and/or system easements, by such crossing or use Licensee, and Utilities or private parties, waive any and all claims against the Association, now and in the future, concerning the Association's water distribution, operation, and maintenance activities upon its facilities and/or systems. 6. Indemnity. Licensee, and any Utility or private party that attaches to Licensee's facilities governed by this Agreement, crosses a Association facility or system, or uses an Association easement, agrees to protect, defend, indemnify, and hold the Association and UTILITY LICENSE AGREEMENT - 3 BOI MT2 573390.2 Revised 6/10105 • 0 its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of the Licensee or any crossing Utility, their agents, or contractors related to or in connection with their crossing of Association facilities, use of the easements of the Association, any attachments to Licensee's facilities governed by this Agreement by a crossing Utility or private party, or any activity under this Agreement and the exercise of any privileges or performance of any obligations by the Licensee or crossing Utility hereunder. Furthermore, the Licensee and any crossing Utility agree to protect, indemnify, and hold the Association and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the North Slough No. 1 Lateral caused by any act or omission of the Licensee and any crossing Utility or their agents. Notwithstanding any other provision of this Agreement, Licensee, and any Utility or private party that attaches to Licensee's facilities, shall be responsible for their own actions only, and not the actions of any other party hereunder. Each party's liability shall be separate only, and not joint. 7. No Liens. Licensee shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of Licensee, its agents, or contractors, to attach to the North Slough No. 1 Lateral or to any adjacent lands held by the Association. 8. Permits. Licensee represents that it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. Additionally, for those projects which fall under the purview of the Clean Water UTILITY LICENSE AGREEMENT - 4 801 MT2:573390.2 Revised 6/10/05 E 0 Act, 33 U.S.C. 1251, et seq., prior to commencement of construction impacting the Association's facilities, Licensee shall deliver to legal counsel for the Association a copy of a Section 404 Permit it has obtained from the United States Army Corps of Engineers. In the event that a Section 404 Permit is not required, Licensee shall certify that its construction impacting the Association's facilities does not fall under the purview of the Clean Water Act and a Section 404 Permit is not required. The parties hereby recognize and agree that this Agreement will not be executed by the Association and recorded until legal counsel for the Association is in receipt of the appropriate Section 404 Permit or written certification by Licensee that a Section 404 Permit is not required for the construction contemplated under this Agreement. Such certification shall be attached to this Agreement as Exhibit C and made a part hereof. 9. Limitations on Liability; Attorney. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. In the event of any suit or proceeding by either party herein against the other party arising out of this Agreement or in connection with the activities of the Licensee, or their agents or contractors, under this Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and costs, including such fees and costs on appeal. 10. Further Consideration. In further consideration for inducing the Association to grant this License, the Licensee agrees to promptly pay all expenses incurred for the benefit of the Association relating to the negotiation, preparation, and execution of this Agreement. UTILITY LICENSE AGREEMENT - 5 Revised 8110105 801 MT2:5733902 • 11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 12. Binding Effect. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all person claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 13. Severabilitv. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 14. No Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 15. Governing Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 16. Representations of Parties. (a) The Association. The Association represents and warrants that: (i) it is an irrigation Association organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity to enter into and perform the Association's obligations under this Agreement; (iii) all organizational and other actions required to authorize the Association to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has UTILITY LICENSE AGREEMENT - 6 BOI_MT2 573390.2 Revised 6/10/05 been properly executed and delivered by the Association and is valid and binding upon the Association in accordance with its terms. (b) Licensee. Licensee represents and warrants that: (i) it has the capacity to enter into and perform its obligations under this Agreement; (ii) all actions required to authorize Licensee to enter into and perform this Agreement have been properly taken; (iii) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement; (iv) this Agreement has been properly executed and delivered by the Licensee and is valid and binding upon the Licensee in accordance with its terms; and (v) (check one of the following, if applicable): 701 Licensee is an Idaho municipal corporation incorporated and in good standing in the State of Idaho. Licensee is a is in good standing in the State of Licensee is a and in good standing in the State of partnership established and incorporated or organized 17. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows, or at such other address as a party designates in writing. NORTH SLOUGH LATERAL USERS ASSOCIATION 2685 W. Chinden Boulevard Meridian, Idaho 83642 Licensee Name Address City, State & Zip Code UTILITY LICENSE AGREEMENT - 7 BOI MT2 573390 2 Revised 6/1=5 • 18. Recording, This Agreement shall be recorded at the Ada County Recorder's Office. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. NORTH SLOUGH LATERAL USERS ASSOCIATION �r By -�? Writte Name: Its President Attest: ANam-e: Writtli i Its Vi -Presidefit name t ...... OF Writte ame: r� �'r✓ W� Its BJEAL 7J 1CR IZ-Q UTILITY LICENSE AGREEMENT - 8 BOI_MT2'573390.2 Revised 6/10705 CI EXHIBIT A Legal Description of Crossing EXHIBIT A BOI MT2:573390.2 • EXHIBIT C Clean Water Act Section 404 Permit Certification The undersigned represents he/she is a duly authorized representative of (name of Licensee) ("Licensee"), and hereby certifies that a Clean Water Act Section 404 Permit is not required for Licensee's (description of crossing(s)) the following reason: crossing(s) of the North Slough No, 1 Lateral, for ❑ Licensee's crossing of the North Slough No. 1 Lateral is overhead and will not include any excavation in or around or any discharge of dredged or fill material into the North Slough No. 1 Lateral. ❑ Licensee will use the "boring" method of construction which will not include any excavation in or around or any discharge of dredged or fill material into the North Slough No. 1 Lateral. ❑ The North Slough No. 1 Lateral is an existing piped facility; thus, any construction impacting the facility will not include any discharge of dredged or fill material into the facility. ❑ Licensee is in receipt of a Clean Water Act Section 404 Permit non - jurisdictional determination from the United States Army Corps of Engineers (attached hereto). DATED THIS day of 20 (name of Licensee) By Written Na Authorized Title: EXHIBIT C BOI_MT2 573390 2 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Moffatt, Thomas, Barrett, Rock & Fields, Chartered 101 S. Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701-0829 UTILITY LICENSE AGREEMENT • (Space Above For Recorder's Use) This Utility License Agreement ("Agreement"), is entered into and made effective this day of , 20 , by and between NORTH SLOUGH LATERAL USERS ASSOCIATION ("Association"), a duly organized lateral ditch association, acting under the authority of Idaho Code section 42-1301, et seq., whose address is 2685 W. Chinden Boulevard, Meridian, Idaho 83642, and (name of other party) ("Licensee"), whose address is NOW, THEREFORE, in consideration of the mutual benefits to be received by the Association and Licensee, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: Grant of License. The Association hereby grants a License ("License") to Licensee for the purpose of crossing the North Slough No. 1 Lateral, also known as the Simpson Lateral (hereinafter the "North Slough No. 1 Lateral") at the location described in Exhibit A, appended hereto, in order to construct, operate, inspect, maintain, and repair (list crossing(s) -- power, gas, cable, phone, etc.) UTILITY LICENSE AGREEMENT - 1 Revised 8/10/05 This grant of BOI_MT2 573390.2 • License is subject and subordinate to any and all property rights the Association may have in the North Slough No. 1 Lateral. Licensee expressly acknowledges and agrees that this License does not grant Licensee the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the Association or others in the use of the North Slough No. 1 Lateral. This grant is expressly conditioned upon the prior receipt by Licensee of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement, and is further expressly conditioned upon the Association's prior approval of all drawings and plans concerning the activities to be conducted by Licensee under this Agreement. 2. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as Licensee is in compliance with the terms of this Agreement. The Association reserves the right to revoke this License, effective upon written notice to the Licensee thereof, should Licensee at any time fail to comply with the terns of this Agreement, and fail to correct such noncompliance within ten (10) days following service of written notice by the Association. 3. Construction Lisnection Maintenance Repair and Replacement of Crossing. Licensee, following execution of this Agreement by the parties, may have access across the North Slough No. 1 Lateral to conduct such construction, inspection, maintenance, repair, and replacement of the as may be reasonably ("of crossing) necessary, subject to any restrictions imposed on Licensee's activities as may be set forth in this Agreement. Licensee or its agents and contractors shall perform any work in a workmanlike UTILITY LICENSE AGREEMENT - 2 eon arrz:sr�aso.z Revised 6110105_ manner, and in accordance with the Engineering Plans and Specifications referenced in Exhibit B. Any activities by Licensee which may impede or impair the flow of water through the North Slough No. I Lateral may only be performed during the non -irrigation season, which is usually between November 1 and March 15. Licensee expressly acknowledges that the Association does not relinquish its ownership rights in any portion of the North Slough No. 1 Lateral. 4. Utility Crossings. Licensee shall not allow any Utilities (except Licensee if it is a Utility) or any private party to attach to Licensee's facilities governed by this Agreement, cross any portion of the North Slough No. 1 Lateral, or otherwise use or encroach upon the Association's easements, without the express written consent of the Association. Said written consent may take the form of an addendum to this existing Agreement or, the Association, in its discretion, may require that separate license agreements be executed between the Association and the Utility or private party seeking to cross the North Slough No. 1 Lateral. 5. Express Waiver. In the event that any Utilities or private parties do attach to Licensee's facilities governed by this Agreement, cross Association facilities and/or systems, or share in the use of Association's facility and/or system easements, by such crossing or use Licensee, and Utilities or private parties, waive any and all claims against the Association, now and in the future, concerning the Association's water distribution, operation, and maintenance activities upon its facilities and/or systems. 6. Indemnitv. Licensee, and any Utility or private party that attaches to Licensee's facilities governed by this Agreement, crosses a Association facility or system, or uses an Association easement, agrees to protect, defend, indemnify, and hold the Association and UTILITY LICENSE AGREEMENT - 3 B Revised 8/10/05 OI MT2:573390.2 its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of the Licensee or any crossing Utility, their agents, or contractors related to or in connection with their crossing of Association facilities, use of the easements of the Association, any attachments to Licensee's facilities governed by this Agreement by a crossing Utility or private party, or any activity under this Agreement and the exercise of any privileges or performance of any obligations by the Licensee or crossing Utility hereunder. Furthermore, the Licensee and any crossing Utility agree to protect, indemnify, and hold the Association and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the North Slough No. 1 Lateral caused by any act or omission of the Licensee and any crossing Utility or their agents. Notwithstanding any other provision of this Agreement, Licensee, and any Utility or private party that attaches to Licensee's facilities, shall be responsible for their own actions only, and not the actions of any other party hereunder. Each party's liability shall be separate only, and not joint. 7. No Liens. Licensee shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of Licensee, its agents, or contractors, to attach to the North Slough No. 1 Lateral or to any adjacent lands held by the Association. 8. Permits. Licensee represents that it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. Additionally, for those projects which fall under the purview of the Clean Water UTILITY LICENSE AGREEMENT - 4 Revised 6/10105 BOi MT2:573390.2 Act, 33 U.S.C. 1251, et seq., prior to commencement of construction impacting the Association's facilities, Licensee shall deliver to legal counsel for the Association a copy of a Section 404 Permit it has obtained from the United States Army Corps of Engineers. In the event that a Section 404 Permit is not required, Licensee shall certify that its construction impacting the Association's facilities does not fall under the purview of the Clean Water Act and a Section 404 Permit is not required. The parties hereby recognize and agree that this Agreement will not be executed by the Association and recorded until legal counsel for the Association is in receipt of the appropriate Section 404 Permit or written certification by Licensee that a Section 404 Permit is not required for the construction contemplated under this Agreement. Such certification shall be attached to this Agreement as Exhibit C and made a part hereof. 9. Limitations on Liability Attorney Fees. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. In the event of any suit or proceeding by either party herein against the other party arising out of this Agreement or in connection with the activities of the Licensee, or their agents or contractors, under this Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and costs, including such fees and costs on appeal. 10. Further Consideration. In further consideration for inducing the Association to grant this License, the Licensee agrees to promptly pay all expenses incurred for the benefit of the Association relating to the negotiation, preparation, and execution of this Agreement. UTILITY LICENSE AGREEMENT - 5 eoi nnra:srso.z Revised 8/10/05 i 11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 12. Binding Effect. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all person claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 13. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 14. No Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 15. Governing_Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 16. Representations of Parties. (a) The Association. The Association represents and warrants that: (i) it is an irrigation Association organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity to enter into and perform the Association's obligations under this Agreement; (iii) all organizational and other actions required to authorize the Association to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has UTILITY LICENSE AGREEMENT - 6 Bol MT2:573380.2 Revised 6110/08 0 0 been properly executed and delivered by the Association and is valid and binding upon the Association in accordance with its terns. (b) Licensee. Licensee represents and warrants that: (i) it has the capacity to enter into and perform its obligations under this Agreement; (ii) all actions required to authorize Licensee to enter into and perform this Agreement have been properly taken; (iii) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement; (iv) this Agreement has been properly executed and delivered by the Licensee and is valid and binding upon the Licensee in accordance with its terms; and (v) (check one of the following, if applicable): ❑ Licensee is an Idaho municipal corporation incorporated and in good standing in the State of Idaho. ❑ Licensee is a partnership established and is in good standing in the State of ❑ Licensee is a incorporated or organized and in good standing in the State of 17. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows, or at such other address as a party designates in writing. NORTH SLOUGH LATERAL USERS ASSOCIATION 2685 W. Chinden Boulevard Meridian, Idaho 83642 Licensee Name Address City, State & Zip Code UTILITY LICENSE AGREEMENT - 7 Revised 8110/05 BOI_MT2:573390.2 IS. Recording. This Agreement shall be recorded at the Ada County Recorder's Office. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. Attest: Writte Name: 0 I Its Vi -Preside6t NORTH SLOUGH LATERAL USERS ASSOCIATION By— Ko- Writte Name:"r Its President or Writte ame: Its Ep BEAL 9 � UTILITY LICENSE AGREEMENT - S 8 Revised 6/10/05 01 MT2:573390.2 STATE OF IDAHO ) ) ss. County of Ada ) On this day of 20 __, before me, the undersigned Notary Public in and for the said state, personally appeared known or identified to me to be the President of NORTH SLOUGH LATERAL USERS ASSOCIATION, the person who executed the instrument on behalf of NORTH SLOUGH LATERAL USERS ASSOCIATION, and acknowledged to me that NORTH SLOUGH LATERAL USERS ASSOCIATION 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. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires STATE OF IDAHO ) ) ss. County of Ada ) On this day of , 20 , before me, the undersigned Notary Public in and for the said state, personally appeared known or identified to me to be the Vice -President of NORTH SLOUGH LATERAL USERS ASSOCIATION, the person who executed the instrument on behalf of NORTH SLOUGH LATERAL USERS ASSOCIATION, and acknowledged to me that NORTH SLOUGH LATERAL USERS ASSOCIATION 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. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires UTILITY LICENSE AGREEMENT - 9 i Nrra:fi�s3so.a Revised 6/10/05eo �I STATE OF IDAHO ) County of Ada ss.) On this0 day of ®CV66C r Notary Public in and for said state, personally appeared lI identified to me to be the •} of � j{ is the person who executed the mstrumenf on behalf of acknowledged to me that�� (ryp rj Lj i Qr • 20 09, before me, the 14 r'1 who IQh and 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. ,f14 Off► NOTARY PUBLIC FOR IDAHO q�!'•, Residing at �o r r .4 My Commission Expireslip i i-� i �• SAH® .+' UTILITY LICENSE AGREEMENT -10 Revised 6/10/05 BOI MT2:573390.2 • EXHIBIT A Legal Description of Crossing EXHIBIT A 801 MT2:573390.2 EXHIBIT B Engineering Plans and Specifications EXHIBIT B BQI_MT2:573390.2 • 0 EXHIBIT C Clean Water Act Section 404 Permit Certification The undersigned represents he/she is a duly authorized representative of (name of Licensee) ("Licensee'), and hereby certifies that a Clean Water Act Section 404 Permit is not required for Licensee's crossing(s) of the North Slough No. 1 Lateral, for (description of crossing(s)) the following reason: ❑ Licensee's crossing of the North Slough No. 1 Lateral is overhead and will not include any excavation in or around or any discharge of dredged or fill material into the North Slough No. 1 Lateral. ❑ Licensee will use the "boring" method of construction which will not include any excavation in or around or any discharge of dredged or fill material into the North Slough No. 1 Lateral. ❑ The North Slough No. 1 Lateral is an existing piped facility, thus, any construction impacting the facility will not include any discharge of dredged or fill material into the facility. ❑ Licensee is in receipt of a Clean Water Act Section 404 Permit non - jurisdictional determination from the United States Army Corps of Engineers (attached hereto). DATED THIS day of (name of Licensee) By Written Na Authorized Title: r� EXHIBIT C BO1 MT2:573380.2 October 10, 2008 MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT ITEM NO. 5_B Services: REQUEST Professional Service Agreement with MWH Americas, Inc. for Engineering AGENCY 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: COMMENTS See attached OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r{ 46 �xs� # w R _ 3 •, • MASTER AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 2nd day of June 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and MWH Americas, Inc., hereinafter referred to. as "ENGINEER", whose business address is 671 E. Riverpark Lane, Suite 200, Boise, Idaho 83706. INTRODUCTION Whereas, the CITY has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and furnish to the CITY upon execution of this Agreement an associated Task Order and receipt of the CITY's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project other than instruments of service of ENGINEER which were developed separate from this Agreement, shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub -engineers, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the ENGINEER for the specific MASTER AGREEMENT FOR ENGINEERING SERVICES — page 1 of 8 purpose Intended, will be at the CITY's sole risk and shall be without liability or legal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER. 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulatipns and resolutions. The ENGWEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the ENGINEER at the CITY's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2:1 The ENGINEER shall be compensated as defined by corresponding Task Orders per the attached "Rate Schedule" identified as Exhibit A to this Agreement. 2.2 The ENGINEER shall provide the CITY with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the CITY will pay within 30 days of receipt of a correct invoice and approval by the CITY. The CITY will not withhold any Federal or State income taxes or Social Security Tax from any payment made by CITY to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to receive from the CITY any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement, including, but not limited to, meals, lodging, transportation, drawings, renderings or MASTER AGREEMENT FOR ENGINEERING SERVICES — page 2 of 8 mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This Agreement shall become effective upon execution by both parties, and shall continue until terminated by either party in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of ENGINEER's business. 4. Independent Contractor: 4.1 In all matters pertaining to this Agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the CITY. The selection and designation of the personnel of the CITY in the performance of this Agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, to the extent arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees,. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional Errors and Omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The CITY shall be MASTER AGREEMENT FOR ENGINEERING SERVICES - page 3 of 8 • named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the negligent performance of this Agreement by the ENGINEER or ENGINEER's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER's compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Attn: Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract MASTER AGREEMENT FOR ENGINEERING SERVICES — page 4 of 8 between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 9. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of, race, color, religion, sex, national origin or ancestry, age or disability. 10. Reports and Information: 10.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 10.2 ENGINEER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 11. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER's records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 12. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. CITY shall furnish to ENGINEER the applicable information and technical data in CITY's possession or control reasonably required for the proper performance of the Services. ENGINEER shall be entitled to reasonably MASTER AGREEMENT FOR ENGINEERING SERVICES — page 5 of 8 rely upon the information and data provided by CITY or obtained from generally accepted sources (with CITY approval) within the industry without independent verification except and to the extent ENGINEER knows or in the exercise of reasonable care should know the document or information is inaccurate or incomplete. 13. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. 14. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER's compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 15. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fail to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this Agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work properly performed hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER in an amount reasonable for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this Agreement and shall not relieve ENGINEER of its liability to the CITY for damages. MASTER AGREEMENT FOR ENGINEERING SERVICES — page 6 of 8 16. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. , d 17. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorneys or the opportunity to seek such advice. 18. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 19. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 20. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF ME ENGINEER BY: BY:_��% TAMMY de ERD, MAYOR BRIAN D. LIMING, VICE P (DENT Dated:Dated: ro ..5 %` Attest: 0 _ AL - JAYCEY L. HOLMAN, CITY CQER a Approved as to Content ''%,,,,„�►��, BY: 1121-- KElf6iTTS, PU56HASING AGENT Dated: -/' 11 -;7 0 y� Approved as to Form CITY ATTORNEY tj% artment Approval BY: NAME: att bo) TITLE: c#n, <?n G.”, Dated: -7/Zr/Ar MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 8 0 i EXHIBIT A RATE SCHEDULE 1. The rates provided below shall be in effect from June 2, 2008 and continuing until modification by Change Order. 2. Services provided by CONSULTANT personnel in various labor categories will be billed at the following negotiated hourly rates (inclusive of salary, overhead, and fee): Personnel Name Jo Phil hnson H®url Dilip Gargeya $140 Madko Lust $90 Eric Zimmerman $81 Kai Crick 85 $85 Shannon Conway $112 Mike Dupont $132 Diana Barnes $120 Kalli Littlefield $80 48 $48 Nancy Chambers Greg Dye $104 Gail Owens $165 6 Deanna Duran $ Marcie Hunt $76 Teresa Leffler $90 Rose Candelario $90 $108 All others 3.1 times raw salary 3. Materials will be billed at cost plus 10%. 4. Mileage will be billed at a rate of $0.55 per mile. 5. An associated project cost rate ("APC") for telecommunications, postage, computers, word processors, incidental photocopying, and related equipment in the amount of $9.35 per hour. 6. A computer aided design ("CAD") rate in the amount of $18.43 per computer aided design/drafting hour to cover the hardware, software, and related expenses of CAD. 7. A geographic information systems ("GIS") rate in the amount of $18.43 per computer aided GIS/modeling hour to cover the hardware, software, and related expenses of GIS modeling and hydraulic modeling. MASTER AGREEMENT FOR ENGINEERING SERVICES — page 8 of 8 MASTER AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 2nd day of June 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and MWH Americas, Inc., hereinafter referred to as "ENGINEER", whose business address is 671 E. Riverpark Lane, Suite 200, Boise, Idaho 83706. INTRODUCTION Whereas, the CITY has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and furnish to the CITY upon execution of this Agreement an associated Task Order and receipt of the CITY's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project other than instruments of service of ENGINEER which were developed separate from this Agreement, shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub -engineers, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the ENGINEER for the specific MASTER AGREEMENT FOR ENGINEERING SERVICES — page 1 of 8 0 a purpose intended, will be at the CITY's sole risk and shall be without liability or legal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER. 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the ENGINEER at the CITY's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders per the attached "Rate Schedule" identified as Exhibit A to this Agreement. 2.2 The ENGINEER shall provide the CITY with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the CITY will pay within 30 days of receipt of a correct invoice and approval by the CITY. The CITY will not withhold any Federal or State income taxes or Social Security Tax from any payment made by CITY to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to receive from the CITY any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement, including, but not limited to, meals, lodging, transportation, drawings, renderings or MASTER AGREEMENT FOR ENGINEERING SERVICES - page 2 of 8 mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This Agreement shall become effective upon execution by both parties, and shall continue until terminated by either party in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of ENGINEER's business. 4. Independent Contractor: 4.1 In all matters pertaining to this Agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the CITY. The selection and designation of the personnel of the CITY in the performance of this Agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, to the extent arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees,. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional Errors and Omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The CITY shall be MASTER AGREEMENT FOR ENGINEERING SERVICES -- page 3 of 8 e 0 named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the negligent performance of this Agreement by the ENGINEER or ENGINEER's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER's compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (1 0) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 I� Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract MASTER AGREEMENT FOR ENGINEERING SERVICES — page 4 of 8 0 between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 9. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 10. Reports and Information: 10.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 10.2 ENGINEER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 11. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER's records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 12. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. CITY shall furnish to ENGINEER the applicable information and technical data in CITY's possession or control reasonably required for the proper performance of the Services. ENGINEER shall be entitled to reasonably MASTER AGREEMENT FOR ENGINEERING SERVICES — page 5 of 8 s 0 rely upon the information and data provided by CITY or obtained from generally accepted sources (with CITY approval) within the industry without independent verification except and to the extent ENGINEER knows or in the exercise of reasonable care should know the document or information is inaccurate or incomplete. 13. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. 14. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER's compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 15. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fail to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this Agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work properly performed hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER in an amount reasonable for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this Agreement and shall not relieve ENGINEER of its liability to the CITY for damages. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 6 of 8 • 0 16. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 17. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorneys or the opportunity to seek such advice. 18. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 19. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 20. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY TAMMY de WEERD, MAYOR Dated: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: ENGINEER BY— BRIAN D. //LIMING, VICE P SIDENT Dated: �o/5o& Department Approval BY: a- 0 NAME: i +,j"F, TITLE: iAE�It�.icG�2 Approved as to Form Dated: O40 f 2441 o$ CITY ATTORNEY MASTER AGREEMENT FOR ENGINEERING SERVICES — page 7 of 8 0 . EXHIBIT A RATE SCHEDULE 1. The rates provided below shall be in effect from June 2, 2008 and continuing until modification by Change Order. 2. Services provided by CONSULTANT personnel in various labor categories will be billed at the following negotiated hourly rates (inclusive of salary, overhead, and fee): Personnel Name Hourly Rate Phil Johnson $140 Dilip Gargeya $90 Mariko Lust $81 Eric Zimmerman $85 Kai Crick $112 Shannon Conway $132 Mike Dupont $120 Diana Barnes $80 Kalli Littlefield $48 Nancy Chambers $104 Greg Dye $165 Gail Owens $80 Deanna Duran $76 Marcie Hunt $90 Teresa Leffler $90 Rose Candelario $108 All others 3. Materials will be billed at cost plus 10%. 4. Mileage will be billed at a rate of $0.55 per mile. 3.1 times raw salary 5. An associated project cost rate ("APC') for telecommunications, postage, computers, word processors, incidental photocopying, and related equipment in the amount of $9.35 per hour. 6. A computer aided design ("CAD") rate in the amount of $18.43 per computer aided design/drafting hour to cover the hardware, software, and related expenses of CAD. 7. A geographic information systems ("GIS") rate in the amount of $18.43 per computer aided GIS/modeling hour to cover the hardware, software, and related expenses of GIS modeling and hydraulic modeling. MASTER AGREEMENT FOR ENGINEERING SERVICES — page 8 of 8 • 0 October 10, 2008 MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT ITEM NO. 5-C REQUEST Amendment No. 5 to the Agreement for Design Services and Services During Construction for the City of Meridian Bitter Creek Lift Station & Pipelines Project with CI -12M Hill for $43,000.00: AGENCY 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: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached • 4 • AMENDMENT NO. 5 TO THE AGREEMENT FOR DESIGN SERVICES AND SERVICES DURING CONSTRUCTION FOR THE CITY OF MERIDIAN BITTER CREEK LIFT STATION AND PIPELINES PROJECT L1.1w ILIN 3) CITY OF MERIDIAN AND CH2M HILL, INC. This Amendment is entered into by and between City of MERIDIAN (OWNER) and C112M HILL, Inc.. (ENGINEER). A. OWNER .and ENGINEER entered into an Agreement (AGREEMENT) for Engineering Services for the City of Meridian Mason Creep Lift Station and Pipelines project, dated January 3, 2006, B. Article 5.10 of the AGREEMENT provides that the AGREEMENT may be amended by written amendment to the AGREEMENT as agreed to by OWNER and ENGINEER. C. OWNER and ENGINEER desire to amend the AGREEMENT. Now, Therefore', the parties agree to the following modifications: See Attachments A and B. All other terms and conditions of the original agreement will remain in full force and effect. IN WITNEESS WHEREOF, the parties execute below: For CH2M HILL, Inc. Name For City of Meridian dated this day of 00 By: Tammy d ' ' eerd, Ma r Attest: J6_� Jaycee FV61man, City Clerk Approved By City Council: Title K 2008. COUNT -f, 1`,,. A, e, J Scope of Services Project Understanding The City is planning fora lift station near the intersection of Amity and Lindy Roads to service the south Meridian area, .including the Bitter Creek development. The use of this facility will be to convey flows through new pipelines to a new gravity system on Ten mile Road just south of the 1-84 freeway. Approximately 2.25 miles of new dual force main and 0.5 miles of gravity maim will be included in this project to convey wastewater flows, CH2M HILL has been asked.,to revise the design of the Bittercreek Lift Stadion and Pipelines project to. accommodate a.50 lot subdivision: expandable to 3,;008 lots. In addition, , the design of a 12 and 16�-inch waterline (approximately 2.75 miles) has been added to the project. Permits from IDEQ, Ada County (Ciel'), ACHD, and USCOE will have to be obtained. CoH2ll4 HILI. will perform tasks associated with the design of the Bit=ter Creek Lift Station, force mains, gravity main, and potable water mains as outlined below. Task I—Project Management 1.1 Staff Management and Task Coordination Projectmanagernent will consist of supervising project staff, bolding consultant staff coordination meetings as required, documenting meeting decisions and action items, and assigning. activities to team:,members. 11 Monitor Project Progress. Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Monitor project activities for potential ,changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. 1.3 lnvolces Prepare and submit a monthly billing wTith backup documentation, per the agreement. Prepare invoices for services performed on a monthly basis, including a summary of work completed and work- to be completed for the coming month. 1.4 Project Quality Control Perform project quality control. reviews of deliverables on this project. Senior technologists will be involved in the work tasks from the start and perform quality control reviews. 1.5 Opinion of Probable Costs Opinions of probable construction cost will be prepared for the final design. Capital costs include construction costs, associated engineering and construction services costs, legal and administrative cost, sales tax, and appropriate contingency. 1.6 Schedule Evaluation An evaluation of the project schedule will include design, bid and award, and construction schedules. CH2M HILL will develop a project schedule for the pre -construction meeting. An electronic /pdf version of the schedule will be transmitted to the City. Task 2—Deeign I CH2M HILL will finalize the design for the Bitter Creek Lift Station and Pipelines Project Task 2 includes additional time 0budget dget necessary to finalize the design and permitting - u phases. Additional time and budget is necessary in part to additional effort necessary for the following task: Additional effort was necessary to complete the DEQ requirements for the 16 -inch., waterline design, which included- a Pulltngineering Report to ensure the proposed pperational scenario of the waterline (including booster stations designed by others) was consistent with the current Master Plan--. Task 3—fad itate Easement Age meets CH2M HILI, will prepare Leo Descriptions to facilitate easement agreements for the. 16 - inch waterline. Easements will be obtained for the Rawson, Calkins, and Jamison Laterals and will be parallel to the easements that were previously negotiated for the sewer force main alignment. In addition, -CH2M HILL will assist the City of Meridian to procure the easements by contacting the land owners and recording the final easement. It is assumed the City of Meridian will provide a template for the easem. ent agreements. Task 4—SerVices During Construction CH2M HILL will provide services during construction consisting of: ® One pre -construction meeting with owner, contractor, regulatory agencies, and local business owners. 0 Assist in the review of technical subn-dttals from the Contractor. The budget assumes that we will assist in the review of 5 technical submittals with no more than 2 iterations per submittal. 0 Assist in the response to Requests for Information (RFI) from the Contractor and develop change orders if necessary Our scope of work and budget assume the Contractor will construct the project in conformance with the design drawings such that significant re -design will not be required. The budget assumes that we will assist in the review of 5 RFPs. ® The City of Meridian will have an authorized representative (City Inspector) on-site for regular construction inspection. CH2M HILL -will supplement on-site inspection for four • 0 hours per day as deemed necessary by the City Inspector. The budget assumes 12 four- hour days for CH2M HILL_ additional time, if requested by the City Inspector, must be covered in an amendment to this task order. The. presence or duties of Engineer or Owner personnel at a construction site, whether as onsite representatives or otherwise, do not make Engineer or Owner personnel in any way responsible for those duties that belong to the construction contractor or other entities, and do not relieve the construction contractor or any other entity of their obligations; duties, and responsibilities, including, but not limited to, alT construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. Prepare as-buxilts based solely on information provided bythe Contractor and "City Inspector. The proposed budget assumes 2 hours per drawing for drafting the record drawings. V91111IT71 Level of Effort The task level. of effort estimates are summarized in the following table. CH2M HILL developed this level cf effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed on a time and materials basis, and will. not exceed the total amount below without prion approval from the City. Level of Effort Task Description Total Task 1 Project Management $2,000 2 Design 3 Facilitate Easement Agreements 4 Services During Construction $21,.500 Summar�r - All Tasks $4310000 • Memo To: Jaycee Holman, Tara Green From: Roxanne Holland, Staff Engineer rholland@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, P.E., Interim City Engineer • Date: October 7, 2008 Re: Proposed Agenda Item for October 14, 2008 City Council Meeting OCT 0. 4�r erk The Public Works Department respectfully requests the following item be placed on the October 14, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Amendment No. 5 to the Agreement for Design Services and Services During Construction for The City of Meridian Bitter Creek Lift Station and Pipelines Project Attached is an Agreement with CI -12M Hill, Inc. for Engineering Services for the Bitter Creek Lift Station and Pipelines Project. The contract is for $43,000.00. Recommended Council Action: The Public Works Department recommends that City Council approves and signs Amendment No. 5 to the Agreement with CH2M Hill, Inc. for the design of the Bitter Creek Lift Station and Pipelines Project Thank you for your consideration. Please contact me if you have any questions. Page 1 E AMENDMENT NO, S TO THE AGREEMENT FOR DESIGN SERVICES AND SERVICES DURING CONSTRUCITON FOR THE CITY OF MERIDIAN BITTER CREEK LIFT STATION AND PIPELINES PROJECT BETWEEN CITY OF MERIDIAN AND C112M HILL, INC. This Amendment is entered into by and between City of MERIDIAN (OWNER) and CH2M HILL, Inc. (ENGINEER). A. OWNER and ENGINEER entered into an Agreement (AGREEMENT) for Engineering Services for the City of Meridian Mason Creek Lift Station and Pipelines project, dated January 3, 2006. B. Article 5.10 of the AGREEMENT provides that the AGREEMENT may be amended by written amendment to the AGREEMENTas agreed to by OWNER and ENGINEER. C. OWNER and ENGINEER desire to amend the AGREEMENT. Now, Therefore, the parties agree to the following modifications: See Attachments A and B. All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For C I12M HILL, Inc. dated this : ___ _ day of By:___ - . ..... --- -. _ ... Name For City of Meridian dated this day of By: Tammy de Weerd, Mayor Attest: Jaycee Holman, City Clerk Approved By City Council: "Title 2008. 2008. 0 Attachment A Scope of Services Project Understanding • The City is planning for a lift station near the intersection of Amity and Lindy Roads to service the south Meridian area, including the Bitter Creek development. The use of this facility will be to convey flows through new pipelines to a new gravity system on Ten Mile Read just south of the 1-84 freeway. Approximately 2.25 miles of new dual force main and 0.5 miles of gravity main will be included in this project to convey wastewater flows. CH2M HILL has been asked to revise the design of the Bittercreek Lift Station and Pipelines project to accommodate a 50 lot subdivision expandable to 30){) lots. In addition, the design of a 12 and 16 inch waterline (approximately 2.75 milc,4) has been added to the project. Permits from IDE(, Ada County (CUP), ACHD, and USCOE will have to be obtained. Scope of Work CH2M 1111.1. will perform tasks associated with the deign of the Bitter Creek Lift Station, force mains, gravity main, and potable water mains as outlined below. Task 1 --Project Management 1.1 Staff Management and Task Coordination Project management will consist of supervising project staff, holding consultant staff coordination meetings as required, documenting meeting decisions and action items, and assigning activities to team members. 12 Monitor Project Progress Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Monitor project activities for potential changes, anticipate changes when possible, and with Citv approval, modify project tasks, budgets, and approach. 1.3 Invoices Prepare and submit it monthly billing with backup documentation, per the agreement. Prepare invoices for services performed on a monthly basis, including a summary of work completed and work to Lie completed tar the coming month. 1.4 Project Quality Control Perform project quality control reviews of deliverables on this project. Senior technologists will be involved in the work tasks from the start and perform quality control reviews. 0 • 1.5 Opinion of Probable Costs Opinions of probable construction cost will be prepared for the final design. Capital costs include construction costs, associated engineering and construction services costs, legal and administrative cost, sales tax, and appropriate contingency. 1.6 Schedule Evaluation An evaluation of the project schedule will include design, bid and award, and construction schedules. CtI2M F IILL will develop a project schedule for the pre -construction meeting;. An electronic Jpdf version of the schedule will be transmitted to the City. Task 2—Design C112M HILL will finalize the design for the Bitter Creek Lift Station and Pipelines Project. Task 2 includes additional time and budget necessary to finalize the design and permitting phases. Additional time and budget is necessary in part to additional effort necessary for the following task: • Additional effort was necessary to complete the DEQ requirements for the 16 -inch waterline design, which included a full. Engineering Report to ensure the proposed operational scenario of the waterline (including booster stations designed by others) was consistent with the current Master Plan. Task 3—Facilitate Easement Agreements CH2M HILL will prepare Legal Descriptions to facilitate casement agreements for the 16 inch waterline. Easements will be obtained for the Rawson, Calkins, and Jamison Laterals and will be parallel to the easements that were previously negotiated for the sewer force main alignment. In addition, CH2M HILL will assist the City of Meridian to procure the easements by contacting the land owners and recording the final casement. It is assumed the City of Meridian will provide a template for the easement agreements. Task 4—Services During Construction CH2M HILL will provide services during construction consisting of: • One pre -constitution meeting with owner, contractor, regulatory agencies, and local business owners. • Assist in the review of technical submittals from the Contractor. The budget assumes that we will assist in the review of 5 technical submittals with no more than 2 iterations per submittal. • Assist in the response to Requests for Information (RFI) from the Contractor and develop change orders if necessary Our scope of work and budget assume the Contractor will construct the project in conformance with the design drawings such that significant re -design will not be required. The budget assumes that we will assist in the review of 5 RFI's. • The City of Meridian will have an authorized representative (City Inspector) on-site for regular construction inspection. CF 12M HILI. will supplement on-site inspection for four • hours per day as deemed necessary by the City Inspector. 'lhe budget assumes 12 four- hour days for Clf2M HILL. Additional time, if requested by the City Inspector, must be covered in an amendment to this task order. The presence or duties of Engineer c)r Owner personnel at a construction site, whether as onsite representatives or otherwise, do not make Engineer or Owner personnel in any way responsible for those duties that belong to the construction contractor or other entities, and do not relieve the construction contractor or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing; all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. • Prepare as-builw based solely on information provided by the Contractor and City Inspector. The proposed budget assumes 2 hours per drawing for drafting the record drawings. Attachment B Compensation Level of Effort The task level of effort estimates are summarized in the following table. CI 12M HILL developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. 'I'he fees will be billed on a time and materials basis, and will not exceed the total amount below without prior approval from the City. Level of Effort Task Description ---- Total Task 1 Project Management-- _— — $2,000 2 Design -------------_--- $16,000 3 Facilitate Easement Agreements $3.500 4 Services During Construction $21,500 Summary - All Tasks $43,000 0 0 October 10, 2008 MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT ITEM NO. S -D REQUEST Agreement with M.R. Miller, Inc. for Five Mile Creek Restoration Project for $39,740.00: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aftached 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0CCtc)-m-08, AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (PUBLIC WORKS OF IMPROVEMENT) THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 14th day of October , 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and M.R.Miller, Inc , hereinafter referred to as "CONTRACTOR", whose business address is P. O. Box 5423, Boise, ID 83705, and whose Public Works Contractor License # is 10695-A-4. INTRODUCTION Whereas, the City has a need for services involving FIVE MILE CREEK RESTORATION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a FIVE MILE CREEK RESTORATION — PW -09-001 page 1 of 11 • 0 royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, FIVE MILE CREEK RESTORATION — PW -09-001 page 2 of 11 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 150 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. FIVE MILE CREEK RESTORATION — PW -09-001 page 3 of 11 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. FIVE MILE CREEK RESTORATION -- PW -09-001 page 4 of 11 0 0 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to FIVE MILE CREEK RESTORATION — PW -09-001 page 5 of 11 Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 M. R. Miller, Inc FIVE MILE CREEK RESTORATION — PW -09-001 page 6 of 11 • Attn: Dan Bastian P. O. Box 5423 Boise, ID 83705 Idaho Public Works License #: 10695-A-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, FIVE MILE CREEK RESTORATION — PW -09-001 page 7 of 11 typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. FIVE MILE CREEK RESTORATION — PW -09-001 page 8 of 11 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY.4de WEERD, MAYOR Dated: /0A.�-/,9'F Approved by City Council:10 -14— C) S M. R. Miller, Inc. Dated: t G - &M a % Attes JAYCE6L. HOLMAN, Cl _ L RK SEAL - Approved as to Content %9�'9 UST est pP��` Department Approval BY: 17; � YZI BY: KEITWWATTs, PURIN49SING AGENT nn �/ NAME: Dated: n TITLE: S-r&PFF 641N05f Approved as to Form Dated: (W IW D$ CITY ATTORNEY FIVE MILE CREEK RESTORATION — PW -09-001 page 9 of 11 Attachment A SCOPE OF WORK The Five Mile Creek Restoration Project work includes both sides of the creek for approximately 680 linear feet. It will include earthwork to re -shape the stream channel, and an assortment of re -vegetation activities to populate the site with native grasses, herbaceous hydrophytic plants, shrubs and trees. The Five Mile Creek Restoration Project is located in Meridian, Idaho, about 600 feet west of the intersection of Locust Grove Road and Franklin Road. The legal description for this site it T3N R1 E -SE % NW'/4 SE % of Section 7. Detailed Special Conditions / Specifications, Construction Plans, Stormwater Management Specification, Contractors Request to File Notice of Termination (NOT) form, City Stormwater Inspection Form and the 401 and 404 Permits are included in the Invitation to Bid Package # PW -09-001, and by this reference made a part hereof. FIVE MILE CREEK RESTORATION — PW -09-001 page 10 of 11 Attachment B MILESTONE ! PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $39,740.00 TASK DESCRIPTION DATE AMOUNT A. Mobilization and Demobilization $ 940.00 B. Pollution Control $ 5,560.00 C. Excavation $ 5,280.00 D. Earthfill $ 7,000.00 E. Vegetative Woody Plantings $ 1,360.00 F. Vegetative Hydrophytic Plantings $ 13,900.00 G. Vegetative Grass/Hydromulching $ 5,610.00 TOTAL $39,740.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FIVE MILE CREEK RESTORATION — PW -09-001 page 11 of 11 • Memo To: Jaycee Holman; Tara Green From: Roxanne Holland, Staff Engineer rholland@meddiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Kyle Radek, P.E., Assistant City Engineer 0 -P, t� Clerk u )1f,1_, C Date: October 8, 2008 Re-- Proposed Agenda Item for October 14, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 14, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Five Mile Creek Restoration Attached is an Agreement with M.R. Miller, Inc. for construction of the Five Mile Creek Restoration project, which will include earthwork to re -shape the stream channel and an assortment of re -vegetation activities. The contract is for $39,740.00 Recommended Council Action: The Public Works Department recommends that City Council approves and signs the Agreement with M.R. Miller, Inc. for the construction of Five Mile Creek Restoration. Thank you for your consideration. Please contact me if you have any questions. • Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (PUBLIC WORKS OF IMPROVEMENT) THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 14th day of October , 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and M.R.Miller, Inc_, hereinafter referred to as "CONTRACTOR", whose business address is P. O. Box 5423. Boise, ID 83705, and whose Public Works Contractor License # is 10695-A-4. INTRODUCTION Whereas, the City has a need for services involving FIVE MILE CREEK RESTORATION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a FIVE MILE CREEK RESTORATION — PW -09-001 page 1 of 11 royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, FIVE MILE CREEK RESTORATION -- PW -09-001 page 2 of 11 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 150 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. FIVE MILE CREEK RESTORATION — PW -09-001 page 3 of 11 0 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any_termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. FIVE MILE CREEK RESTORATION — PW -09-001 page 4 of 11 �s �. � � � � � x;. ;. t '�< �� it ..: � � � > I . `^. � §i k y p$ `... ... :I�, x. ;f_• < �. �t . ,: J , i# t. ,� � •�' - �• 0 • 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to FIVE MILE CREEK RESTORATION — PW -09-001 page 5 of 11 Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 M. R. Miller, Inc FIVE MILE CREEK RESTORATION — PW -09-001 page 6 of 11 0 • Attn: Dan Bastian P. O. Box 5423 Boise, ID 83705 Idaho Public Works License #: 10695-A-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, FIVE MILE CREEK RESTORATION — PW -09-001 page 7 of 11 typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. FIVE MILE CREEK RESTORATION — PW -09-001 page 8 of 11 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN M. R. Miller, Inc. TAMMY de WEERD, MAYOR BY: Dated: Dated: Approved by City Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY Department Approval BY: ^'C't( I �-& 4 I - NAME: LtANiJ TITLE: ,�;, ��Ilyetw- Dated- 1010 I og FIVE MILE CREEK RESTORATION — PW -09-001 page 9 of 11 ! 0 Attachment A SCOPE OF WORK The Five Mile Creek Restoration Project work includes both sides of the creek for approximately 680 linear feet. It will include earthwork to reshape the stream channel, and an assortment of re -vegetation activities to populate the site with native grasses, herbaceous hydrophytic plants, shrubs and trees. The Five Mile Creek Restoration Project is located in Meridian, Idaho, about 500 feet west of the intersection of Locust Grove Road and Franklin Road. The legal description for this site it T3N R1 E -SE % NW % SE '/4 of Section 7. Detailed Special Conditions I Specifications, Construction Plans, Stormwater Management Specification, Contractors Request to File Notice of Termination (NOT) form, City Stormwater Inspection Form and the 401 and 404 Permits are included in the Invitation to Bid Package # PW -09-001, and by this reference made a part hereof. FIVE MILE CREEK RESTORATION — PW -09-001 page 10 of 11 e Attachment B MILESTONE I PAYMENT SCHEDULE 0 A. Total and complete compensation for this Agreement shall not exceed $39,740.00 TASK DESCRIPTION DATE AMOUNT A. Mobilization and Demobilization $ 940.00 B. Pollution Control $ 5,560.00 C. Excavation $ 5,28Q.00 D. Earthfill $ 7,000.00 E. Vegetative Woody Plantings $ 1,360.00 F. Vegetative Hydrophytic Plantings $ 13,900.00 G. Vegetative Grass/Hydromulching $ 5,610.00 TOTAL $399740.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FIVE MILE CREEK RESTORATION — PW -09-001 page 11 of 11 fez %, b & 11 imr j r October 10, 2008 ME-RIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT ITEM NO. S -E REQUEST Approve Beer & Wine License Transfer of Owner from Luke Capital Investments, Inc. to Star Capital Investments, LLC., dba Groove Coffee; located at 1800 N. Locust Grove Rd., Ste., E, Meridian, ID: AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: A 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: (-)THFR- Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Ze,-e—r 41"q 0 VVI -1 45— BEER/WINE/LIQUOR LICENSE OWNER TRANSFER APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: Star Capital Investments LLC Business Name: Groove Coffee Location: 1800 N. Locust Grove Rd., Meridian, ID 83642 License Type: [X] Beer [X] Wine 0 Liquor - (wine included) Application/ File Fee: Beer and Wine License Transfer of Owner $100.00 Receipt No. 14468 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval: Fire Department: Fire Chief Approval: Signature Signature Date Planning Department: Planning Director Approval;( 1016 Signature Date Public Works Department: Development Services Manager Approval- d L� Signature bate PLEASE RETURN THIS SHEET ONLY with the appro1riate signature. This item is tentativelv scheduled to be approved on the Qe, 2008 City Council Agenda. 0:4og;tr rf-0` THANK YOU. MayorTammy de weerd Coundil Members: E IDIAN1�-�R Keith Bird �iJ .i �� �� '�_; Joe Gorton Charles Rountree I IDA HO 1 C T 0 2 2008 David zaremba APPLICATION FOR LICENSE TRANSFER OF OWNER BEER $50.00 WINE $50.00 LIQUOR $50.00 "I hereby certify that I read and fully understand the rules and regulations of Title 3 Chapter 2, City Code of the City of Meridian, requiring licenses and regulating the sale of Beer, Wine or Liquor by the Drink. That I am over 21 years of age, a citizen of the United States, and have been a bona fide resident of the State of 11) WO for the period of A.. 1? years, and have not been convicted of any law regulating, governing, or prohibiting the sale of alcoholic beverages or intoxicating liquors and that my place of business shall not contain screens, boxes, stalls, or any room on the premises where beer is to be sold. That I am aware of the minimum age for sale of Beer, Wine or Liquor by the Drink, and penalties for violation of the same. That, if a vendor of packaged, bottled or canned beer, or packaged, bottled wine, not to be consumed on the premises, I will supervise and make certain that no beer or wine shall be consumed on these premises or parking lots under my control. These premises shall be open to officers of the United States, State of Idaho, or City of Meridian whenever occupied and shall not be open for sale of beer, wine or liquor by the drink between the hours of 1:00 o'clock A.M. and 7:00 o'clock A.M. and that I will uphold the laws of the United States, State of Idaho, and of Meridian at all times. That I am familiar with location limitations as set up by the County, State and City of Meridian, and will comply with any other special limitations as are in force oras may come about." L Le, I AI V 6 S T 0 I -ho hereby apply for the transfer of Meridian { X ) Beer (jC) Wine { ) Liquor License(s) from the name of Cid P 1 T� P I��S TI�/1,�N'�S 1 AIC doing business as C'7 X 0,9 y6 %FF6 at the address of 13019 Al., I-MVSr WOE �b 1-44 B'YEX1,011VIto myself in the name of ST -49 1064017-4L / 1IVf-S f A17'S oing business as (44901<E 60I'F4,E at the same address. Said transfer to take place on the /Y day of .41 ,R 1L , 200 City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433. Fax 208-888-4218 . www.meridiancity.org • CITY OF MERIDIAN: Beer License # Wine License # Liquor License # Date Issued:f • REQUIRED: (X) Copies of State and County License Issued in the name of the undersigned are attached hereto. Fixtures In the premises of the value of $ X01000 and are (X) Owned ( ) Held on conditional sales contract, or { } Leased or rented. In connection with this application, the following schedules of additional information are attached: Schedule A: Statement and oath of personal qualifications. To be completed by an individual owner, by ALL partners, if application is for a partnership, and by all members of the Board of Directors and all officers and ten principal stockholders of corporate applicant. Schedule R: To be provided by Applicant: Balance Sheet showing the assets, liabilities and capital account as of the date of the application, certified to by the owner, a partner, or an officer of a corporate applicant, and by the individual or firm preparing the same. Schedule C: Statement of the names of all persons, individual and corporate, who have any financial interest in the business to be conducted on the premises to be licensed. Schedule D: A floor plan of the premises to be licensed. Ucw= TMrwW AMffCWon Rage 2 of 5 t I Sj All statements herein contained, including the information in the attached schedules which is within the knowledge of the person subscribing this application, are declared to be true. Dated this gmo day of D c TV e EA ,07008 Signature of Applicant STATE OF IDAHO ) ) ss: County of AZ ) I HEREBY CERTIFY that on this ml day of Q!�j before the undersigned, a Notary Public in the State of Idaho, personally appeared the.O, e,, 9,0i-,C'm , known to me to be the person who executed the said instrument, and acknowledged to me that he / she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. A ° ' �► Notary Public fo Idaho "'. �'�'°`�' Residing at I�ec:�,e�•�, Tt� ° a My Commission Expires: q )-3A/ 13 a a L IMM TMEW APPHcaHon Page 3 of 5 • SCHEDULE A L� Statement Of Oath Of Personal Qualification, In Connection With The Application For Retail Liquor License Of (Exact Name of Applicant as contained in application) STATE OF IDAHO Ada County I, fm fix ? f1®1 A46- , being first duly sworn on my oath depose and say: That I reside at b W. btw"ko PA, slx fD; 93 61 that I became a bona fide resident of Idaho on (date) /V3v J'0JF ; that I am connected with the above named applicant as: Owner (>c); Partner ( ); Member of the Board of Directors ( ); Officer of Corporation ( ); One of the ten principal stockholders ( ); If a stockholder, state amo nt of shares held and if all gr. any part hypothecated, state number of shares _�%�a , and to whom Al (A : that I now have, or previously have had, ownership or managerial • interest in the below listed business which are now, or have been licensed to sell liquor by the drink; (If interest has been terminated, show date of termination). That I have not within three (3) years from the date of this application been convicted of any violation of the Laws of the United States, the State of Idaho, or any other State of the United States, or of the resolutions or ordinances of any county or city of this State, relating to the importation, transportation, manufacture, possession or sale of alcoholic liquor or beer. Date of Arrest Place of Arrest Charge Disposition That I have not been convicted, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment or completed any sentence of confinement for any felony within fire (5) years prior to the date of this application. That the following is a statement of the occasions within three years when my application for, or my license to deal in alcoholic liquor has been refused, suspended, or revoked. (if none, write "none). NO A!4 1JCWWTWVftrAPPkaWn Page 4 of 5 Date of Refusal, Suspension or • Reason for Refusal, Suspension or That I am a citizen of the United States: (if naturalized give number and place: That I am not an official, agent, or employee of any distillery, winery, brewery, or wholesaler or jobber of liquor or malt beverages. SCHEDULE C STATEMENT OF THE NAMES OF ALL PERSONS, INDIVIDUAL OR CORPORATE WHO HAVE ANY FINANCIAL INTEREST IN THE BUSINESS TO BE CONDUCTED ON THE PREMISES TO BE LICENSED: (Instructions: Include open loans, mortgages, conditional sales contracts, partnerships, silent partnerships, trusts or other interests, excepting only open trade account incurred in the ordinary course of business). TE AND NATURE a0 I SAIL. Iq AMOUNT INVOLVED t 0® ")1, (AfEy In the case of corporate applicant, furnish the following information (list separately if needed): Date and place of incorporation: y / i S /0 9 /'m n -o Registered Office: fiU;UOU 441AAlt46 F.0 4 f r - Names of all members of the Board of Directors: Names of all officers of the corporation: Names of the ten principal stockholders and amount of stock. Number of Shares Amount Names of Stock Held Par Value Paid for Share Authorized capital stock of corporate applicant: $ uceme TMwfer ApWWa#w Page 5 of 5 o > 1��� C CL CD Q. o may Sc w c o a t� Y "° f9 AD O H 00 A CD C 0 x O y CD vi a '�• � y '� p area N � O` J � N 'y`* z -- a C Q o �. y (A CL eo On � ° m fD `� ya [V O 00 00 CL e ° o 0 O O. O y m O N rni O � L: N CO a N N EY U) Z U U) v U � J N U N O ti to Q CD cn .CD L s7 J Q ci J U) C m p� W o a) o aj U)> Z Z >- Zw0 W N co,� M Q J LL O ~ CO 00LL N Q W Q U 0 > 0 � 0c p w O '� o CO r :3 co U 0 m � 0 iEl coO cy OLn U 0o U U O N a� J �an4� C � � a) E v ) �. co CM c c N ti _ > m Y ci �i, N o WO O �o UCU yU U > (p O U v ti ti qJ ti 114, U O J J U) W m a) W o a) o aj U)> Z Z >- Zw0 O � N co,� M Q J LL O ~ CO 00LL N Q W Q U 0 Z 0 0c w CO r 00o 0 0 6e 03. 1 0 0 w U- J H 0 3SN3011 SIHl JO H3dSNVH1 HO 31VS HOS 3a1S 3SH3A3H 33S 01) O O O M O i O 0 N M 0 O cu N co CD J O N M 0 CD Q W Q 'W m a) o o a) o Z Z >- Z O Q :3 co m co 0 iEl coO cy U O N � v a) CM c c = m Y J WO O 0 0 w U- J H 0 3SN3011 SIHl JO H3dSNVH1 HO 31VS HOS 3a1S 3SH3A3H 33S 01) O O O M O i O 0 N M 0 O cu N co CD J O N M 0 CD Q W Q I � / co Office Z ° ©\ »» df ƒ { \\\ \ 2 \\\[b 2 J?)C C 2,151 ?4I ARTICLES OF ORGANIZATION FILED EFFECT m LIMITED LIABILITY COMPANY EFFECTIVE q4 (instructions on back of application) 08 1.5 ,AM -9*- 3? 1. The name of the limited liability company is: SEGRIr ERY OF STM Star Capital Investments LLC STATE OF IDAHO 2. The street address of the initial registered office Is: 1800 N Locust Grove RD, Meridian, ID 83646. and the name of the Initial registered agent at the above address Is: Maria Poisall 3. The mailing address for future correspondence is: 11776 W Hiddenlake Dr, Star, Idaho 83669 4. The limited liability company will be: Manager -managed 13 or Member -managed [✓, 0100se dick the appropriate bot) 5. If manager -managed, list the name(s) and address(es) of at least one initial manager. If member -managed, list the name(s) and address(es) of at least one Initial member. Ham Addma Maria Poisail 11776 W Hiddenlake Dr, Star, Idaho 83669 6. Signature of at least one person responsible for forming the limited liability company: Signature: .� Secretary of State use only Typed Name: Maria Poisall Capacity: President U Signature an 8£CREiAizY 8F STATE Typed Name: 84/15/2888'65x88 Capacity: I 1 88188 �� 188BLOB WK UC IRs 18 P ty� Web Form 1 , *1 +r1 2 7nq . Lo -.P . '.0 —7'd.1 BEER/WINE/LIQUOR LICENSE OWNER TRANSFER APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: Star Capital Investments LLC Business Name: Groove Coffee Location: 1800 N. Locust Grove Rd., Meridian, ID 83642 License Type: [X] Beer [X] Wine a Liquor - (wine included) Application/ File Fee: Beer and Wine License Transfer of Owner $100.00 Receipt No. 14468 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Si ature d���� Date Planning Department: Planning Director Approval: rE — Signature Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is tentatively scheduled to be approved on the October 7th, 2008 City Council Agenda. THANK YOU. 9 ii 4111, gm IS lot 03 08 08:42a . P.1 BEERMINEJLIQUOR LICENSELOWNER TRANSFER APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant:., Star.Qapital Investments LLC ��rn wry Business Name: Groove Coffee Location: 1800 N. Locust Grove_ Rd.,_.Merlan, ID 83642_ License Type: (X] Beer (X] Wine D Liquor - (wine included) Application / File Fee: Beer and Wine License Transfer Qf Owner $100.00 Receipt No. 14468 Economic Development: Economic development Approval: N/A Signature pate Police Department: Police Chief Approval: Fire Department; Fire Chief Approval: RIjnnjna Departme�; Planning Director Approval: Signature Date M -3-08 J �/ - 3 - 0 JJJ Date Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appro riate signature. This item is tentatively scheduled to be approved on the October 7, 2008 City Council Agenda. THANK YOU. 0 s Nancy Radford From: Bruce Freckleton Sent: Friday, October 03, 2008 10:25 AM To: Nancy Radford; John Overton - Police; Joe Silva; Anna Canning Subject: RE: Beer and Wine Owner Transfer - Groove Coffee Attachments: Bruce Freckleton (freckleb@meridiancity.org).vcf Nancy, Page 1 of 1 Building Services has no objection to the transfer of beer & wine license for the Groove Coffee shop. For the record, the application and license should be tied to "Suite E" at 1800 N. Locust Grove Road. Thaaik you, Bruce Bruce Freckleton Development Services Manager Meridian Public Works Department From: Nancy Radford Sent:: Thursday, October 02, 2008 2:42 PM To: John Overton - Police; Joe Silva; Anna Canning; Bruce Freckleton Subject: Beer and Wine Owner Transfer - Groove Coffee Hello all, Please find attached, an OWNER Transfer for Beer and Wine at Groove Coffee House. The new owner has asked for this to be approved at the Tuesday, October 7th City Council Meeting. It is tentatively scheduled for that date, pending all signatures. Thank you, Nartcy Radford Meridian City Clerk's Office 33 E. Idaho Ave. Meridian, Idaho 83642 208-884-2468 x225 10/3✓2008 �1 0 • BEERMINE/LIQUOR LICENSE OWNER TRANSFER APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: Star Capital Investments LLC Business Name: Groove Coffee Location: 1800 N. Locust Grove Rd., Meridian, ID 83642 License Type: [X] Beer [X] Wine D Liquor - (wine included) Application / File Fee: Beer and Wine License Transfer of Owner $100.00 Receipt No. 14468 Economic Development: Economic Development Approval: N/A SignatureDate Police Department: Imo, . Police Chief Approval: blL)0/8/08 /S/®8 Fire Department: V Fire Chief Approval: Signature Date Planninra Department: Planning Director Approval: Signature Public Works Department: Development Services Manager Approval: Signature Date Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is tentatively scheduled to be approved on the October 7 , 2008 City Council Agenda. THANK YOU. t 411 I IV 3 gg i � Ir XAlix u• {} 3 j g'42 October 10, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT Department Reports - Legal Department ITEM NO. 6-A-1 REQUEST Recommendation from SWAC for Community Recycle Fund to the Idaho Foodbank for $19,500.00: AGENCY 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS baA 6-y,**- g; If October 10, 2008 MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT Department Reports - Legal Department ITEM NO. 6-A-2 REQUEST Recommendation from SWAC for Community Recycle Fund to Hope Arms Apartments for $10,611.00 for Playground Equipment: 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 10, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT Department Reports - Legal Department ITEM NO. 6-A-3 REQUEST Recommendation from SWAC for Community Recycle Fund to Compass Public Charter School for $6,000.00: 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: LIS WEST: IIUTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 10, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT Department Reports - Legal Department ITEM NO. 6-A-4 REQUEST Recommendation from SWAC for Community Recycle Fund to Woodbridge HOA (No funding recommended): — P AGENCY COMMENTS CITY CLERK: n.. 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: N.AMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. e 0 October 10, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT Department Reports - Legal Department ITEM NO. 6-A-5 REQUEST Discussion of SWAC Funds: AGENCY 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: COMMENTS Date: �Qk Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. I October 10, 2008 Department Report MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT Finance Department ITEM NO. 6-B-1 REQUEST Budget Amendment for Public Works Department for Surface Well Maintenance for $90,000.00: AGENCY 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: Date: Phone: _ Ernailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached H z W 0 z W W O a 4,22. 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Z Cn JQ O O U ¢ p J Z W D- 0¢m >- d' ozi=-Oce 0 E F LL 0 E 3 z C 1 1 1 1 1 N O � O O. o� L VD -10D. 619 fi3 E9 L .O C c W O U w O �y g o 0. c 0 cn 0G � a U a) cc N _12> �J rn�'C,,OO as ca °� 0 .,Q� � � cl W tia 30: WZ O Y V y 0 0 GY O O N N N N N W o'g CNC9CMCh0000a QV C:rrrNNNN ovaer�rvvety� r a � N CL 0 �C 0 m v 'E C D40 - CO ca m c'ci 3 0 ca a� m m 0 w v N �O (0 0 .0 CO C6 8 Oa N ca C U � 0 c :s c CL m t c L C L � a V OY N c_ O- — O' 0 N 03v, -pp 0,0 C J a�Ca0` C L a) n Q I9 � O) < N 3 0 D N e @3� a O O N' .c 0 E ©Cry c0 f ! 4 4 aD NGoa 6, 8 N 0 N Z • N CL w (9 C Z ID y 2' ''��r{�ittntt�l 0 O O� j= E SL O 0 m m i 12ii.. aYc w - O C-) O m �C c U- (D r3 c 0 O m ' 0 O Y C 0 E U y c aa) U o E ¢ 3 a� CCD p > rn m o O c O_ Off. 3 a) N w •� — cclC caCL C aY cO p E U 3 c `m C aci ca E E M co c co m Q — m 5 U U e 0 October 10, 2008 SHP 08-007 MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT Ron Ramza ITEM NO. 8 REQUEST Public Hearing - Short Plat approval for 157 condominium units in 13 buildings in an I -L zone for Storage Condos - 658 N. Principle Place AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached Comments CITY BUILDING DEPT: CITY WATER DEPT: ppyo 0c s Prepares ui r CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 10, 2008 MDA 08-004 MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT Linder 109 LLC / Jim Jewett ITEM NO. 9 REQUEST Public Hearing - Modify the Development Agreement for Southridge Subdivision - south of Overland Rd, between S. Ten Mile Rd & S. Linder Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT: A 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: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF LINDER 109, LLC, FOR FINAL PLAT APPROVAL OF 60 BUILDING LOTS AND 11 COMMON LOTS ON 33.6 ACRES IN TN -C, TN -R, AND R- 8 ZONING DISTRICTS, LOCATED ON THE SOUTHWEST CORNER OF W. OVERLAND ROAD AND S. LINDER ROAD, IN THE NORTHEAST % OF SECTION 23, T. 3N., R. 1W. C/C October 14, 2008 CASE NO. FP -08-017 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on October 14, 2008, and the Council finding that the Administrative Review is complete from Sonya Watters, Associate City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 14, 2008, 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 SOUTHRIDGE SUBDIVISION PHASE 1 SITUATED IN A PORTION OF THE NE/40F SECTION 23, T.3N., R.1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2008, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHRIDGE SUBDIVISION NO. 1 / (FP -07-017) Pagel of 3 ` S 131 11i'� as 3�>, 3a E -a fi {' •R &: iii. A+'d k $ � � 2„ 4 �*` t$$ t t s 10 HANDWRITTEN DATE: 8/20/08, SHEET 1 OF 9, THE LAND GROUP, INC.", LINDER 109, 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 Watters, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 14, 2008, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 17 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 11 pages, and by this reference incorporated herein, and the response letter from Van Elg, The Land Group, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHRIDGE SUBDIVISION NO. 1 / (FP -07-017) Page 2 of 3 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 § 67-6521. An affected person being a person who has an interest in real property which maybe 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 of the City Council at its regular meeting held on the day of +C���,� , 2008 By: ° Tammy de \`\`,,,,,,,,,,,,����� rd— Mayor, C of Meridian Attest: of: �•,, Jaycee 44olman, City Clerk SEAL Copy served upon Applicant' epartment, Public Works Department, and City Attorney:L'OUNT`F . �0 `�•`• '... ..... ..... ����`�� B Dated: 10 -31 �® ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHRIDGE SUBDIVISION NO. 1 / (FP -07-017) Page 3 of 3 , €=, sA 3 it $' # 3r t I y. ti it 3$ �, 1 {[3� 1` it # i # Y Y{{33}333 g c� CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPARANTS STAFF REPORT STAFF REPORT: Hearing Date: October 14, 2008 C� VIDIANL;-- TO: Mayor and City Council p A FROM: Sonya Watters, Associate City Planner _& (208) 884-5533 Scott Steckline, Land Development Supervisor 25-15 (208) 898-5500 SUBJECT: Southridge Subdivision No. 1 • FP -08-017 Request for Final Plat Approval of 60 Building Lots and 11 Common Lots on 33.6 Acres in TN -C, TN -R, and R-8 Zoning Districts, by Linder 109 LLC. We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. APPLICATION SUMMARY & LOCATION The applicant, Linder 109, LLC, has applied for final plat approval of 60 building lots and 11 common lots on 33.6 acres of land for Southridge Subdivision No. 1. The subject property lies within the TN -C (Traditional Neighborhood Commercial), TN -R (Traditional Neighborhood Residential), and R-8 (Medium -Density Residential District) zoning districts. The gross density for this subdivision is 1.58 dwelling units per acre; the net density is 5.09 dwelling units per acre. Southridge Subdivision No. 1 is located on the southwest corner of W. Overland Road and Linder Road, in the Northeast '/a of Section 23, T. 3N., R. 1W. This property has not been previously platted. The City Council approved the preliminary plat for Southridge Subdivision on February 6, 2007. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Southridge Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved, annexation (AZ -06-031), development agreement (Instrument #107074205), and preliminary plat (PP -06-031). 2. If the City Engineer's signature has not been obtained on the subject final plat by 2/6/09, or the applicant has not received time extension approval, the Preliminary Plat approval for this subject phase shall expire. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Per the approved development agreement, the subject property shall be subdivided in accordance with the UDC prior to issuance of any building permit. 5. The applicant shall incorporate and build at least one transit stop, including benches and covers, per requirement of the development agreement, prior to occupancy of any structure within this phase. Southridge Sub 1FP.doc PAGE 1 CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPARANTS STAFF REPORT 6. Revise or add the following note(s) on the face of the plat prepared by The Land Group, stamped on 08/20/08 by Aaron Ballard, prior to signature of the final plat by the City Engineer: (10.) Revise to read, "... Lot 1, 12, and 22, Block 6 4..." (12.) Strike note (not applicable to plat) (13.) Strike note (not applicable to plat) (14.) Strike note (not applicable to plat) (*.) Include a note referencing the recorded Development Agreement (Instrument No. 107074205) approved for this site. 7. Revise the plat prepared by The Land Group, stamped on 8/20/08 by Aaron Ballard, prior to signature on the final plat by the City Engineer, as follows: a. Unless otherwise approved in writing by the Meridian Fire Department, revise the plat to reflect a turning radius of 28' inside and 48' outside with a 20' width in all areas, as required by the Fire Department. (The current turning radius for alley entries is called out at 15' inside radius.) b. The configuration of Lot 1, Block 4 shall be revised to allow for a minimum 8 -foot wide parkway (measured from back of curb) and a 5 -foot wide sidewalk adjacent to S. Spanish Fork Way, a collector street, as shown on the landscape plan. Said buffer shall be depicted on the face of the plat within a permanent dedicated buffer. c. A permanent dedicated buffer shall be depicted on Lot 2, Block 2 adjacent to S. Spanish Fork Way and W. American Fork Drive, both local streets, for a minimum 8 -foot wide parkway (measured from back of curb). d. A permanent dedicated buffer shall be depicted on Blocks 4 and 5 adjacent to W. American Fork Drive, a local street, for a minimum 8 -foot wide parkway (measured from back of curb). e. A permanent dedicated buffer shall be depicted on Blocks 4 and 5 adjacent to S. Farmington Avenue and S. Woodhouse Avenue, both local streets, for a minimum 8 -foot wide parkway (measured from back of curb). 8. All internal and perimeter landscaping within this final plat shall be installed prior to occupancy of any structures within this phase, per requirement of the development agreement. (Clarification from City Council meeting: "internal" landscaping applies to internal streets and common lots that are internal to the subdivision. It doesn't mean that the developer is required to install landscaping on the school site or the library site: but the perimeter and along streets and any common areas need to be landscaped with the final plat.) 9. Temporary fencing to contain debris during construction shall be installed at the subdivision boundary where permanent fencing is not required or does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 10. Construct a solid 6 -foot tall masonry fence adjacent to the lots in Val Vista Subdivision and Aspen Cove Subdivision, prior to issuance of building permits within this phase, per requirement of the Development Agreement. 11. Prior to the signature of the first final plat, the applicant shall submit and obtain Design Review approval (if established); or submit and obtain City Council approval (or a development agreement modification) of plans that proposes specific and detailed architectural guidelines for this development and that address (at a minimum) variety in structures within a block, building mass, building materials, rooflines, colors, and architectural styles, per requirement of the development agreement. 12. The amended development agreement (MDA -08-004) shall be recorded prior to signature on the Southridge Sub 1FP.doc PAGE 2 CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPARANTS STAFF REPORT final plat by the City Engineer. 13. The landscape plan, prepared by The Land Group and dated 8/20/08 is approved with the following changes: a. A minimum density of one tree per 35 linear feet is required in all required street buffers; the plan shall be revised to comply with this requirement. b. All trees located within parkways shall be class H trees, per UDC Table 11-213-6 and 11-3A- 17. c. Depict location of transit stop, benches, and covers, as required by the development agreement. d. Submit details for the 6 -foot tall masonry fence required adjacent to lots in Val Vista and Aspen Cove Subdivisions, prior to signature on the final plat. e. Define symbol "FP" in the plant schedule shown on the plan. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 14. The drainage facility located between the future elementary school (Lot 2, Block 2) and the future public library (Lot 1, Block 2) shall be tiled, as required by the Development Agreement. 15. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 16. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 313-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-313-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 17. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat or development agreement does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if Southridge Sub 1FP.doc PAGE 3 CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPAR*NTS STAFF REPORT cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 4. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of, occupancy, or as otherwise allowed by UDC 11-5C-1. 6. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 7. 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. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 14. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes and buildings are at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the Southridge Sub 1FP.doc PAGE 4 CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPAR*NTS STAFF REPORT ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. STAFF RECOMMENDATION Staff recommends approval of the final plat for Southridge Subdivision No. 1 (FP -08-017) with the above stated comments and conditions. EXHMITS A. Drawings/Maps 1. Zoning Map 2. Final Plat 3. Landscape Plan Southridge Sub 1FP.doc PAGE 5 CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPARONTS STAFF REPORT A. Drawings/Maps 1. Vicinity/Zoning Map Southridge Sub 1FP.doc PAGE 6 CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPAR*NTS STAFF REPORT 2. Final Plat FinjiP Plat 6 Subdi-v isicln Phase 1 Sc�uthrid a 3 A6_.th. RmW I 'AiM 9.h1. 1:i9 a�+M'brhlst, Asa cu-", ME" POW - �.. _. i r1 t, 71 tak. � "- � eco. cee¢a ��ua. Pf QID meY3P r. Linde 100, LLC Fmal Southridge Subdivision Phase 1 WandtoaCoilrfifmW,,;A@It in"I T.wfwhp 5,*ffh.. RwW i iS'usl, flLl Cep's' kuri m A" cmwt. waw s y}. ull& "t O RiA u i rtv�r Tnuf tort, Southridge Sub 1FP.doc PAGE 7 CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPARONTS STAFF REPORT llinol pw 6x ,%Lt Subdivision Phase I ,, - v4d&.0w0. ;urge I ww, JLV- alo al UWAZ% 0& gm"!" lame 2" Southridge Sub IFP.doc I 0a, LLC Southriv Subdivision Phase I SiteTamrip 3 Ku&k i65=, 8M ,wj 4 vj"gm "a caum, m1w, Swu wk LN Lfroftf 1 CO, LLC PAGE 8 CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPARONTS STAFF REPORT Viral Plot Sc uthrime Subdivisiou Phase I * ME VA cl -Sw.'AO 23, IN 7 Lo undw iog, U-0 Final Plim S4DutWdV, Subdivision Phase I sbmw in5 vu*n al dw NE I -A d tArt-, 0. T,.-�,"* 3 Nwt, frame f W—.P-M MGA P T T T- trN -rr,?Tjgg 4�L-1 -1- -i- se j, Under log, LLC Southridge Sub IFP.doc PAGE 9 CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPARANTS STAFF REPORT 3. Landscape Plan bks Southridge Sub 1FP.doc PAGE 10 CITY OF MERIDIAN PLAONG AND PUBLIC WORKS DEPARANTS STAFF REPORT 4 PH I {a 4 !j 7. 4 FF" { f a Southridge Sub 1FP.doc PAGE 11 Page 1 of 2 C. Caleb Hood From: Van Elg jvan@thelandgmupinc.com] Sent: Tuesday, October 14, 2008 5:01 PM To: C. Caleb Hood Cc: Jim Jewett Phil Hull; Jason Densmer Subject: SouthRidge Final Plat Phase #1 (FP -08-17) and SouthRidge DA Mod (MDA408-004) Caleb, Thank you for taking the time to discuss the Final Plat conditions and DA modification with me this afternoon. While I've not yet had a chance to speak directly to our client about these conditions, It appears that we are in general agreement with the Conditions of approval for the Final Plat, however, as you and I discussed, the client may wish to address the following plat conditions: 1. Condition 7 speaks of a 15' alley radius. I don't think we'll have any problem with this because the engineer didn't seem to know where this was a problem. We'll speak with Joe Silva about this to see if he can point out the concern that prompted this condition. 2. Condition #8 requires the Installation of internal landscaping—per the DA. I believe that you are - going to address this condition and/or read In a clarification/amendment to the condition regarding . this point. 3. Condition #10 requires the construction of the 6' masonry fence adjacent to the Val Vista neighbors. I believe you've had a conversation with Jim regarding this topic. Since this is about' mile feet from the boundary of the final plat, it might be appropriate to adjust this condition (if the DA can also be modified) to reflect a more reasonable distance. We can discuss this at the meeting. 4. Condition #14 states that the drainage facility between the school and library parcels must be tiled. I believe the developer may wish to speak about this topic. With respect to the Development Agreement (Modification), there are a number of items that we may wish to briefly address during the hearing. I believe you've noted most of those in our previous discussion and/or during discussions with Jim. We'll address these items this evening. Overall, it appears to be in good order. We have appreciated the concerted effort that Sonya, Jenny, and you (and others) have provided during this process. Thanks Van E19. Senior Planner 462 E. Shore Drive, suite 100 10/14/2008 0 F 'I L-A October 10, 2008 MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT ITEM NO. REQUEST Executive Session 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 13 A 3 Sty S14 g�I I� -ak �F ! h p s e 0 0 October 10, 2008 MERIDIAN CITY COUNCIL MEETING October 14, 2008 APPLICANT ITEM NO. REQUEST Potential Personnel Action 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 14 p