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2008-09-23
ptfw;� P64i+� Rt_bl.�c. �Okcc�`jho�x�,�9l.t C� (ERjDIANt,- I®AHS CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 23, 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 Darrell Taylor with Ten Mile Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of July 7, 2008 City Council Special Joint Meeting: B. Approve Minutes of August 12, 2008 City Council Regular Meeting: C. Approve Minutes of August 19, 2008 City Council Regular Meeting: D. Approve Minutes of August 26, 2008 City Council Special Meeting: E. Approve Minutes of August 26, 2008 City Council Regular Meeting: Meridian City Council Meeting Agenda — $eptember 23, 2008 Page 1 of 6 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 F. Findings of Fact and Conclusions of Law for Approval: VAR 08-007 Request for a Variance to UDC 11-31-1-413.2.a, which prohibits new approaches directly accessing a state highway, to allow a right -in only access to the site from SH 55/Eagle Road for Jacksons Food Store #105 by Jacksons Food Stores, Inc. — 3291 East Pine Avenue: G. Findings of Fact and Conclusions of Law for Denial: AP 08- 004 Request for City Council Review for a McDonalds Redbox (DVD kiosk) located in an approved C -N zone by Anna Canning, Meridian Planning Director — 3415 West Cherry Lane: H. Development Agreement: AZ 07-019 Request for Annexation and Zoning of 15.49 acres from RUT to L -O zone for Stake House by the Church of Jesus Christ of Latter Day Saints — 5555 North Locust Grove Road: I. First Amendment to Development Agreement: MDA 08-001 Request for a Development Agreement amendment to include a church and other specified uses designated by the UDC as permitted or conditional in the L -O zoning district for Paramount Subdivision by Paramount Development, Inc. — west of N. Meridian Road and north W. McMillan Road: J. Amendment to Task Order No. 0766 with Parametrix for Sewer Improvements for Franklin — Ten Mile to Linder Project for $41,900.00: K. Approve Response to ACHD Regarding East 3rd Street: L. Approve Response to Draft Traffic Study Report Recommendations for Split Corridor Phase 2: M. Task Order No. 0778 with DC Station Upgrades for $9,550.00: N. Irrigation System Connection Agreement with Settler's Irrigation District for 1100 North Hickory Avenue: O. Change Order No. 1 for Class A Reclaimed Wastewater Disinfection & Distribution Improvements with Star Construction, LLC for $7,572.41: P. Resolution No. No Smoking Policy: Meridian City Council Meeting Agenda — September 23, 2008 Page 2 of 6 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 Q. Professional Services Agreement with Red Skv Public Relations for a Not to Exceed Amount of $9,500.00: R. Professional Services Agreement with BBC Research and Consulting for a Not to Exceed Amount of $7,500.00: S. Professional Services Agreement with J Amber Conger for City Hall Public Art Proposal: T. Professional Services Agreement with Francis Fox for City Hall Public Art Proposal: U. Change Order No. 4 with K2 Construction for the Water Division Phase 2 Project for $581.69: V. Art in Public Spaces Purchasing Agreement Brook Blues by Joyce Green: W. Art in Public Spaces Purchasing Agreement Meridian Creamery # 5 by Charles Hoffman: 6. Department Reports: A. Planning Department: 1. Transportation Project Request List: B. Mayor's Office 1. Art in Public Spaces Selection Committee Recommendation on Art for City Hall: C. Legal Department 1. Detox Center Agreement: 2. Ingress -Egress Easement for Generations Plaza Parkins Lot Required as a Condition of VAC 00-005 for the Partial Vacation of the Alley Intersecting Main Street between Pine and Idaho Avenue: 7. Items Moved from Consent Agenda: 8. Request for Reconsideration for Overland Village by Relo Development: Meridian City Council Meeting Agenda — September 23, 2008 Page 3 of 6 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. 9. Findings of Fact and Conclusions of. Law for Denial: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C -G zoning district for Overland Village by Relo Development — 3330 East Overland Road: 10. Findings of Fact and Conclusions of Law for Denial: VAC 08-001 Request for a Vacation of the existing right-of-way of S. Rackham Way for Overland Village by Relo Development - 3330 East Overland Road: 11. FP 08-015 Request for Final Plat approval for 19 single-family residential building lots and 7 common lots on 6.78 acres in an R-4 zoning district for Bancroft Estates Subdivision by Providence Development, LLC — 2180 East Amity Road: 12. Continued Public Hearing from August 26, 2008: PP 08-007 Request for Preliminary Plat approval of 21 building lots on 12.62 acres for Una Mas by Una Mas, LLC — 3945 E. Ustick Road: 13. Continued Public Hearing from September 2, 2008: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman. Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: 14. Continued Public Hearing from .September 2, 2008: PP 08-001 Request for Preliminary Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 West Waltman Lane: 15. Public Hearing: CPA 08-002 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation for approximately 10 acres from Low Density Residential to Mixed Use — Community for Eagle and Victory by Rose Law Group — Northwest Corner of East Victory Road and South Eagle Road: 16. Public Hearing: AZ 08-010 Request for Annexation and Zoning of 3.75 acres from RUT and R1 to C -N zoning district for Eagle and Victory by Rose Law Group — Northwest Corner of East Victory Road and South Eagle Road: 17. Public Hearing: CPA 08-004 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation of approximately 40.5 acres from Medium Density Residential Meridian City Council Meeting Agenda — September 23, 2008 Page 4 of 6 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. to Mixed Use -Regional for Meridian and Amity by Hawkins Companies – Northwest Corner of West Amity Road and South Meridian Road: 18. Public Hearing: CPA 08-003 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use -Community for approximately 94 acres for Volterra Commercial by Primeland Investment Group, LLC – west of North Ten Mile Road and north of West McMillan Road: 19. Public Hearing: CPA 08-009 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map by changing the designation of approximately 9 acres from Medium Density Residential to High Density Residential for Biskay by Greg Johnson – south side of Harris Street, west of South Meridian Road (SH 69) and north of West Amity Road: 20. Public Hearing: CPA 08-005 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Commercial for Kennedy Commercial Center / Western Electronics by DBSI Meridian 184-1 LC and Herman - Treasure Valley Business Park I LLC – 1250 W. Overland Road: 21. Public Hearing: RZ 08-003 Request for Rezone of 27.17 acres from I -L to C -G zone for Kennedy Commercial Center by DBSI Meridian 184 LLC – 1250 W. Overland Road: 22. Public Hearing: CPA 08-001 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation of 15.46 acres of land from Medium Density Residential to Mixed Use – Community for Janicek Ten Mile / Chinden Property by Janicek Properties, LLC – Southwest Corner of North Ten Mile Road and West Chinden Boulevard: 23. Public Hearing: CPA 08-007 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use – Community for approximately 10 acres for Zamzows Chinden by JR, LLC – south side of Chinden Boulevard, approximately'/ mile east of Meridian Road: 24. Public Hearing: CPA 08-006 Request to amend the Comprehensive Plan Future Land Use Map to change the future land use designation on 11 acres of land from Mixed Use – Waste Water Treatment Plan to Office (2+/- acres) and Low Density Residential (9+/- acres) for Kartchner by Richard Kartchner – 4325 and 4315 North Ten Mite Road: Meridian City Council Meeting Agenda — September 23, 2008 Page 5 of 6 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 25. Public: CPA 0.8-008 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use — Community for approximately 5 acres for Postal Annex by Jack Gish — Southwest Corner of Meridian Road and McMillan Road: 26. Ordinance No. Dogs Off Leash Ordinance: 27. - Ordinance No. : AZ 08-006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Property by Denise Alter — 2741 East Leslie Drive: 28. Ordinance No. : AZ 07-019 Request for Annexation and Zoning of 15.49 acres from RUT to L -O zone for Stake House by the Church of Jesus Christ of Latter Day Saints — 5555 North Locust Grove Road: Meridian City Council Meeting Agenda — September 23, 2008 Page 6 of 6 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 8884433 at least 48 hours prior to the public meeting. • ERI DIAN*,,-..., IDAH® • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 23, 2008 at 7:00 p.m. Convened at 7:05 pm `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: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church: Werth from Ten Mile Christian Church did invocation 4. Adoption of the Agenda: Adopted as Amended 5. Consent Agenda: Approved (note: Hoaglun abstained from voting on approving minutes because he was not present at the prior meetings) A. Approve Minutes of July 7, 2008 City Council Special Joint Meeting: B. Approve Minutes of August 12, 2008 City Council Regular Meeting: C. Approve Minutes of August 19, 2008 City Council Regular Meeting: D. Approve Minutes of August 26, 2008 City Council Special Meeting: Meridian City Council Meeting Agenda — September 23, 2008 Page 1 of 7 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 Minutes of August 26, 2008 City Council Regular Meeting: F. Findings of Fact and Conclusions of Law for Approval: VAR 08-007 Request for a Variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway, to allow a right -in only access to the site from SH 55/Eagle Road for Jacksons Food Store #105 by Jacksons Food Stores, Inc. — 3291 East Pine Avenue: G. Findings of Fact and Conclusions of Law for Denial: AP 08- 004 Request for City Council Review for a McDonalds Redbox (DVD kiosk) located in an approved C -N zone by Anna Canning, Meridian Planning Director — 3415 West Cherry Lane: Continued to October 7 H. Development Agreement: AZ 07-019 Request for Annexation and Zoning of 15.49 acres from RUT to L -O zone for Stake House by the Church of Jesus Christ of Latter Day Saints — 5555 North Locust Grove Road: First Amendment to Development Agreement: MDA 08-001 Request for a Development Agreement amendment to include a church and other specified uses designated by the UDC as permitted or conditional in the L -O zoning district for Paramount Subdivision by Paramount Development, Inc. — west of N. Meridian Road and north W. McMillan Road: J. Amendment to Task Order No. 0766 with Parametrix for Sewer Improvements for Franklin — Ten Mile to Linder Project for $41,900.00: K. Approve Response to ACHD Regarding East 3rd Street: L. Approve Response to Draft Traffic Study Report Recommendations for Split Corridor Phase 2: M. Task Order No. 0778 with DC E aineers for Whitestone Lift Station Upgrades for $9,550.00: N. Irrigation System Connection Agreement with Settler's Irrigation District for 1100 North Hickory Avenue: Meridian City Council Meeting Agenda — September 23, 2008 Page 2 of 7 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 8884433 at least 48 hours ,prior to the public meeting. 521, 615 and .675 West Waltman Lane: Approved with amended conditions as outlined in staff memo 15. Public Hearing: CPA 08-002 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation for approximately 10 acres from Low Density Residential to Mixed Use — Community for Eagle and Victory by Rose Law Group — Northwest Corner of East Victory Road and South Eagle Road: Request from applicant to continue to October 28 Continued to 10/28 16. Public Hearing: AZ 08-010 Request for Annexation and Zoning of 3.75 acres from RUT and R1 to C -N zoning district for Eagle and Victory by Rose Law Group — Northwest Corner of East Victory Road and South Eagle Road: Request from applicant to continue to October 28 Continued to 10/28 17. Public Hearing: CPA 08-004 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation of approximately 40.5 acres from Medium Density Residential to Mixed Use -Regional for Meridian and Amity by Hawkins Companies - Northwest Corner of West Amity Road and South Meridian Road: Approved 18. Public Hearing: CPA 08-003 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use -Community for approximately 94 acres for Volterra Commercial by Primeland Investment Group, LLC — west of North Ten Mile Road and north of West McMillan Road: Request from applicant to continue to November 5 Continued to 11/5 19. Public Hearing: CPA 08-009 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map by changing the designation of approximately 9 acres from Medium Density Residential to High Density Residential for Biskay by Greg Johnson — south side of Harris Street, west of South Meridian Road (SH 69) and north of West Amity Road: Approved 20. Public Hearing: CPA 08-005 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Commercial for Kennedy Commercial Center / Western Electronics by DBSI Meridian 184 LLC and Herman - Treasure Valley Business Park I LLC — 1250 W. Overland Road: Approved Meridian City Council Meeting Agenda — September 23, 2008 Page 5 of 7 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 21. Public Hearing: RZ 08-003 Request for Rezone of 27.17 acres from I -L to C -G zone for Kennedy Commercial Center by DBSI Meridian 184 LLC — 1250 W. Overland Road: Approved 22. Public Hearing: CPA 08-001 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation of 15.46 acres of land from Medium Density Residential to Mixed Use — Community for Janicek Ten Mile / Chinden Property by Janicek Properties, LLC — Southwest Corner of North Ten Mile Road and West Chinden Boulevard: Approved 23. Public Hearing: CPA 08-007 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use — Community for approximately 10 acres for Zamzows Chinden by JR, LLC — south side of Chinden Boulevard, approximately '/ mile east of Meridian Road: Approved the amendment and Approved the reimbursement of fees (Vote: Zaremba — Aye, Bird — Aye, Hoaglun — Aye, Rountree — Nay. Motion passed. 24. Public Hearing: CPA 08-006 Request to amend the Comprehensive Plan Future Land Use Map to change the future land use designation on 11 acres of land from Mixed Use — Waste Water Treatment Plan to Office (2+/- acres) and Low Density Residential (9+/- acres) for Kartchner by Richard Kartchner — 4325 and 4315 North Ten Mile Road: Approved 25. Public: CPA 08-008 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use — Community for approximately 5 acres for Postal Annex by Jack Gish — Southwest Corner of Meridian Road and McMillan Road: Applicant requests withdrawal of the application. Motion to Accept applicants withdrawal. Passed 26. Ordinance No. 08-1381: Dogs Off Leash Ordinance: Approved 27. Ordinance No. 08-1382: AZ 08-006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Property by Denise Alter — 2741 East Leslie Drive: Approved 28. Ordinance No. 08-1383: AZ 07-019 Request for Annexation and Zoning of 15.49 acres from RUT to L -O zone for Stake House by the Church of Jesus Christ of Latter Day Saints — 5555 North Locust Grove Road: Approved Meridian City Council Meeting Agenda — September 23, 2008 Page 6 of 7 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. Adjourned at 10:50 pm Meridian City Council Meeting Agenda — September 23, 2008 Page 7 of 7 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 8884433 at least 48 hours prior to the public meeting. Meridian City Council Meeting September 23, 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, September 23, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Ted Baird, Jaycee Holman, Anna Canning, Bill Parsons, Sonya Watters, Matt Ellsworth, Kyle Radek, Ron Anderson, Jeff Lavey, 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: Okay. I will go ahead and call tonight's meeting to order. We'd like to welcome all here with us tonight and thank you for joining us. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: De Weerd: Item two is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Worth Wheeler with Ten Mile Christian Church: De Weerd: Okay. Tonight we will be led in our community invocation by Worth. He's with Ten Mile Christian Church. If you will all join us in common invocation or take this as an opportunity for a moment of reflection. Wheeler: Would you bow with me. Heavenly father, we just thank you for this evening, take this opportunity to thank you also for the privilege of living in our great City of Meridian and I'd like to pray, Father, that you would bless our Mayor, City Council Members, and the other officials of our city government who strive to make this a great place to live. Father, just ask your blessing upon them in their deliberations this evening, in Jesus' name I pray, amen. De Weerd: Hey, Worth, I know this is the first time here. I would like to offer you a city of Meridian pin for joining us. Thank you. Meridian City Council • September 23, 2008 Page 2 of 73 Item 4: Adoption of the Agenda: De Weerd: Okay. Item 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I will make some comments about a few of the items. Under the Consent Agenda, Item 5-G, there has been a request to continue that to October 7th. Item 5-P, the proposed resolution number 08-619 for the no smoking policy. Items 5-Q and 5-R, there has been a request to withdraw those by the Public Works director. On the regular agenda, Item 12 dealing with Una Mas, the applicant has requested to continue that until October 28th. Item 15 and 16, Eagle and Victory, there has been a request to continue those until October 28th. Item 18, Volterra Commercial, the applicant has requested to continue those to November 5th. Item 25, Postal Annex, the applicant has requested to withdraw that entirely. Item 26, 27 and 28 are ordinances. The proposed ordinance numbers are 08-1381 for the Dogs Off Leash Ordinance. 08-1382 for the Alter Property. And 08-1383 for Stake House. And with those amendments I move that we accept the agenda as amended. Rountree: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 7, 2008 City Council Special Joint Meeting: B. Approve Minutes of August 12, 2008 City Council Regular Meeting: C. Approve Minutes of August 19, 2008 City Council Regular Meeting: D. Approve Minutes of August 26, 2008 City Council Special Meeting: E. Approve Minutes of August 26, 2008 City Council Regular Meeting: F. Findings of Fact and Conclusions of Law for Approval: VAR 08-007 Request for a Variance to UDC 11 -3H -46.2.a, which Meridian City Council • • September 23, 2008 Page 3 of 73 prohibits new approaches directly accessing a state highway, to allow a right -in only access to the site from SH 55/Eagle Road for Jacksons Food Store #105 by Jacksons Food Stores, Inc. — 3291 East Pine Avenue: H. Development Agreement: AZ 07-019 Request for Annexation and Zoning of 15.49 acres from RUT to L -O zone for Stake House by the Church of Jesus Christ of Latter Day Saints — 5555 North Locust Grove Road: I. First Amendment to Development Agreement: MDA 08-001 Request for a Development Agreement amendment to include a church and other specified uses designated by the UDC as permitted or conditional in the L -O zoning district for Paramount Subdivision by Paramount Development, Inc. — west of N. Meridian Road and north W. McMillan Road: J. Amendment to Task Order No. 0766 with Parametrix for Sewer Improvements for Franklin — Ten Mile to Linder Project for $41,900.00: K. Approve Response to ACHD Regarding East 3rd Street: L. Approve Response to Draft Traffic Study Report Recommendations for Split Corridor Phase 2: M. Task Order No. 0778 with DC Engineers for Whitestone Lift Station Upgrades for $9,550.00: N. Irrigation System Connection Agreement with Settler's Irrigation District for 1100 North Hickory Avenue: O. Change Order No. 1 for Class A Reclaimed Wastewater Disinfection & Distribution Improvements with Star Construction, LLC for $7,572.41: P. Resolution No.: No Smoking Policy: S. Professional Services Agreement with J. Amber Conger for City Hall Public Art Proposal: T. Professional Services Agreement with Francis Fox for City Hall Public Art Proposal: U. Change Order No. 4 with K2 Construction for the Water Division Phase 2 Project for $581.69: Meridian City Council • • September 23, 2008 Page 4 of 73 V. Art in Public Spaces Purchasing Agreement — Brook Blues by Joyce Green: W. Art in Public Spaces Purchasing De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously commented, Item 5-G has been requested not to be dealt with tonight, but moved to October 7th. Item P is resolution 08-619. Item 5-Q and R are withdrawn. With that I move we accepted the Consent Agenda and for the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as changed. If there is no discussion, Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Quick comment for the record. If the record could reflect my abstaining on the minutes, since I was not there and not participating in that -- those discussions, I have no way to ascertain whether they are true or not, but the other items I have read the minutes and gone through the -- all the records and feel comfort voting on that. De Weerd: Okay. Thank you. So noted in the record. Item 6: Department Reports: A. Planning Department: 1. Transportation Project Request List: De Weerd: Okay. Item 6 is our Department Reports. We will start with the Planning Department. Meridian City Council • September 23, 2008 Page 5 of 73 Ellsworth: Thank you, Madam Mayor, Members of the Council. This item is a follow-up from last week, if you will recall, which was the city prioritization of transportation projects, which we will forward along to ACHD for their use in updating this year's five year work plan. I did what I could to translate my scribblings into a revised list, which is before you on the screen up here. And this is really a sort of ground check to make sure that I was able to accurately pick up on the suggestions that Council had prior to, like I said, finalizing the list before we send it off to the highway district. So, again, here is sort of the compiled list with ACHD roadways, ACHD intersections, ITD projects. Scrolling down here we have just the roadways and, then, the next two slides here are the intersections, as well as the ITD state projects. But the request before you this evening is that you, please, review the lists that are in front of you here, if there is any additional changes that I missed or if you would like to see at this time, if you could let me know, then, I will go ahead and clean up a final request list. The timeline that ACHD is looking at on receiving these from the city is to have these finalized lists in by September 30th: So, pending Council approval, what I would propose doing is cleaning up the list per Council's direction this evening and forwarding that to ACHD staff as an informal submittal, with the understanding that Council will not meet on the fifth Tuesday this month, but to have the full list, along with a letter to go to Council for a Consent Agenda item the following week, if that seems reasonable. With that I would request any input you have on the list that's before you here, starting with the roadways. De Weerd: Council? Rountree: Madam Mayor. I think you did a good job with your scribbles. Ellsworth: Thank you. Bird: You know, I forgot mine. I'd have to go over yours. Rountree: I concur in the list. Ellsworth: Madam Mayor, if it's okay, then, we can move onto the ACHD intersection priorities and the same question before you. De Weerd: I think that looks good, Matt. Ellsworth: Madam Mayor, then, finally, the joint list there. De Weerd: Council, any comment? Bird: Looks okay to me. Rountree: Madam Mayor, my only comment on the list is I think number 19 is something that's -- we all dream about. It seems to me the rest of the items up there are things that actually might happen at some point in time in the future. I would say Meridian City Council • • September 23, 2008 Page 6 of 73 that's probably a local funded activity and it -- though it needs some priority, I don't think it's going to happen before the roadways are improved. De Weerd: So, do you have a suggestion? Rountree: I would suggest that that would be number 30. That's the rail corridor preservation. Zaremba: Madam Mayor? be Weerd: Yes. Zaremba: I would agree with Councilman Rountree that it shouldn't disappear entirely, but many of the projects probably have a higher likelihood of happening sooner if we rate them as priorities. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I don't know if this is the right time to bring it up, but since the split corridor is one of our high priorities, I have been alerted by one of the ACHD commissioners that there may be a discussion at their commission meeting tomorrow night, somebody objecting to the split corridor and I'm wondering -- I'm not able to make it to their meeting, but I'm wondering if we should have a presence to explain what the process was that got us to this point. De Weerd: I believe Matt will be there, won't you, Matt? Ellsworth: Madam Mayor, I was planning to attend. De Weerd: Can any of the Council members been there? Bird: I don't think you want me. Rountree: You don't want Mr. Bird. I will look at my schedule and see if I can get there. think one of us needs to be there. Zaremba: The point I would raise is how public the process was and all that both ACHD and the city have put into the decisions that were considered. Ellsworth: And, Madam Mayor, the last contact that I had with the project manager for the split corridor, he indicated that as of late last week that item had not made it onto ACHD's agenda. However, he was informed by the person who pulled the petition Meridian City Council September 23, 2008 Page 7 of 73 together that --'that individual that was going to be in touch with ACHD's commission and there is a -- the formal hand off, basically, was going to occur at tomorrow night's meeting. So, if Councilman Zaremba has spoke to somebody since last week, then, I'm sure your information is more up to speed than mine. De Weerd: And interesting to the public process, he's been meeting individually with the commission members. Rountree: Madam Mayor, I'll get back to you in the morning on my schedule and see if can get it in there. If so, I will work with Matt on the -- some form of testimony, if it need be. I don't have any idea what the forum is going to be. De Weerd: Robert, perhaps you can call ACRD and verify -- find out what the format is and maybe work with Matt and put together a chronological timeline or something on the process that we followed. The various agencies that all chose this particular option as the best choice and just put together some talking points for Councilman Rountree. Okay. Anything further on the transportation list from Council? Any further information you need, Matt? Ellsworth: Madam Mayor, like I said, if this seems reasonable to you and to the Council, what I would like to do is go ahead and forward this list over to ACHD as the informal submittal in order to fall within their timeline and I will draft a letter to go along with the list as a more formal submittal and that will be a Consent Agenda at your next meeting. De Weerd: Okay. Sounds good. Ellsworth: Thank you. De Weerd: Thank you. Zaremba: Thank you. B. Mayor's Office 1. Art in Public Spaces Selection Committee Recommendation on Art for City Hall: De Weerd: Okay. Item 6-13 is our Art in the Public Places. Is David here? Canning: No, ma'am. I am. De Weerd: Oh, you're David tonight, uh? Canning: Yeah. Madam Mayor, Members of the Council, this is an update on the Art in the Public Spaces. David could not be here tonight and asked me to fill in for him. was a member of the committee. As you will remember, David presented three artwork Meridian City Council • • September 23, 2008 Page 8 of 73 purchases to you and those were approved last week by City Council. They were Brook Blues by Joyce Green. Meridian Creamery No. 5, by Charles Hoffman. And Lost Generation by Sherri Carter, which was an oil painting. Sherri Carter sold the painting and it's no longer available. She sold it at Art in the Park. I didn't know that fancy animation was in there. That's pretty fun. Emily did this. So, there are two additional artwork pieces that the committee wanted you to consider for purchase. In looking at their revenues, they felt they could purchase two, not just one additional, so they are asking for approval of these two pieces. One is Summer's Eve. Although we had discussion about perhaps changing the name of the piece, but the artist's description I can't bring up right now. This is a depiction of a local Meridian area. He is a Meridian artist. I can go find the notes, but it will take me a second. I apologize. And, then, the second is Dwight Williams piece, a water color, called Old East Meridian. And if you wait just a moment, I can give you the background on those pieces. Okay. Mr. Russell submitted the following statement to describe this piece. Summer's Eve is a 30 -by -40 inch oil painting depicting a local Meridian farm at sunset. The piece is painted in tonalist tradition, set forth by the tonalist movement of the 1880s. The warm hue of Summer's Eve provides warmth to the viewer and, again, brings familiarity to a seen so common in the Meridian community. A row of Cottonwood trees stand silhouetted against the golden hues of summer sunset. And, then, for Old East Meridian, Mr. Williams submitted the following statement to describe Old East Meridian. This barn, now gone, was on the north of the railroad tracks below Franklin Road between Eagle and Cloverdale Roads. The painting, done recently, was from a rather old black and white photo. This painting was done only recently in the summer of 2008. So, with that think the committee would ask for your approval to purchase those last two pieces and with authorization for the Mayor to sign purchase agreements with the selected artists prior to September 30th and, then, the executed purchase agreements will be placed on the October 7th Consent Agenda for Council ratification. And with that I'll answer any other questions you may have. De Weerd: Mr. Baird, would the purchase agreements being signed before September 30th meet the obligation under this current budget year? Baird: Madam Mayor, that's correct. Our office specifically recommended this motion, if that's your desire, to move forward on that basis. De Weerd: Okay. Council, any comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm certainly not an artist, but I like the last two additions even better than the previous group and I think as a group of five they represent different styles, different mediums, it's a good representation of taking all five together. I assume they will be hung near each other. I think it's a good selection. I see Councilman Bird shaking his head. Maybe they are not going to be hung near each other. Meridian City Council • • September 23, 2008 Page 9 of 73 Bird: We are only getting four. Zaremba: Oh, you're right. Yeah. Bird: The third one,has already been sold. Zaremba: Yeah. But, anyhow, the four of them are a good representation of different styles and mediums and that's fine by me. De Weerd: Thank you. Anna, the only comment I would ask that you bring back to the art selection committee is perhaps giving us -- if you're asking for three, give us five to choose from. Canning: Okay. De Weerd: If -- and I'm not suggesting that anyone here does not like one or all, but it certainly gives a little more flexibility to Council to choose their most favorite. Canning: Yeah. And, Madam Mayor, Members of the Council, I don't think the committee. understood that as a -- as something that Council wanted, an option to choose which ones they preferred, so I will pass that along to the committee for next time. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I understand, we are, basically, just approving the two additional recommendations. We have already recommended -- we have already accepted the three and one we could not get, so -- De Weerd: That's correct. Bird: -- if there is no more discussion, 1 move that we approve the two additional artists and for the Mayor to sign a purchase agreement with the artists prior to September 30th and for the clerk to attest. Hoaglun: I second that. De Weerd: Okay. I have a motion and a second. Any discussion? Rountree: I have none. De Weerd: Okay. Madam Clerk, roll call. Meridian City Council • September 23, 2008 Page 10 of 73 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. C. Legal Department 1. Detox Center Agreement: De Weerd: Okay. Under 6-C we have our legal department report. We will start with the detox center agreement. Baird: Thank you, Madam Mayor, Members of the Council. In your packet tonight is an agreement establishing a joint powers entity to operate -- to establish and operate the long awaited detox center in Ada County to serve the Treasure Valley. The reason it's on a department report is there is a couple of items in there we just wanted to point out to you. They are not necessarily good or bad, but we just wanted to have a moment to point these out before you consider the agreement for approval. It's my understanding that the entities involved are looking to have this finalized by the end of September, so if it's your desire, we would be looking for a motion this evening. Just very briefly, the items I wanted to point out -- the first year financial commitment to the City of Meridian is based on population. One dollar per person for 52,000 dollars. And that's just for operations for the first year. Beyond the first year the agreement is not clear as to what your obligations will be. However, there are ways for you to withdraw if you don't like it. What it does -- what concerns me is that in order to establish the budget for the second year they sort of look at how things go on the first year and the operating committee will establish this through bylaws. So, you don't know what is going to be in there when you sign this agreement and once you're part of that entity, your voting powers are weighted by your financial contribution. So, among the five parties, which include the state of Idaho, Ada County, Boise city, city of Eagle, and City of Meridian, Meridian's vote for the first-year is only weighted at 3.57 percent. In contrast, the state of Idaho's vote is 61.73 percent. A two-thirds vote being required for most action. So, once this is formed, your ability to make big sway is sort of gone. But it's a very well drafted agreement. I understand it was drafted by the Ada County's head attorney, civil attorney. It does give you opportunity to pull out. It doesn't commit you beyond the current fiscal year. I just wanted you to be aware that beyond the first year we don't know what the financial commitments are going to be. With that, I'll leave it open for questions. De Weerd: Mr. Baird, I guess in the first year will it be pro rated to the year that we are actually covering? Baird: Madam Mayor, that was one of the questions. It doesn't specifically state that. would like to see something in that -- with that -- with that regard. For example, if the facility opens on September 1 st, obviously, there is just one month left of the fiscal year. We don't want to spill our entire 52,000 dollars. If it's your direction that I get some clarification on that, I can do that. Meridian City Council • September 23, 2008 Page 11 of 73 De Weerd: I guess I would also like to get clarification -- when the amounts were determined -- I think that was several years ago and they are using the Department of Commerce numbers, so will it be the population at that time or the population today? Baird: Madam Mayor -- De Weerd: That 52,000 is what we budgeted. Baird: And that 52,000 is the amount that's in the agreement. It's not set to change. don't feel the need to inform them that the numbers -- our population numbers have gone up, because this is what you agreed to as the ticket to admission for the first year and that's what the agreement says. De Weerd: Okay. Because there is no provision for how much they could change it. I do believe there should be something in there that would restrict how much they could increase it. Again, I believe that you raise the point -- because we have so little in our weighted vote, we better get everything clarified now, because once we are in this agreement, I don't think we will have too much more say. Baird: Madam Mayor, shall I take that as direction to request that rather than setting forth the criteria in bylaws, that they actually put it in the agreement before signature? Is that your desire that we try to negotiate that? De Weerd: That would be mine. Rountree: That would be my recommendation, Madam Mayor. Baird:: So, Madam Mayor, Members of the Council, I have two items of direction so far that I'm getting some direction for. Obviously, we don't have a motion .yet, but one of them would be to put in some language regarding proration for the first year, depending on starting date within the fiscal year. Number two, getting some more specifics up front about criteria for the subsequent years contribution. De Weerd: At least capping the -- Baird: At least a cap with a percentage. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And whose fiscal year are we using, the state or the city's? De Weerd: That's a good question. Meridian City Council • September 23, 2008 Page 12 of 73 Baird: Madam Mayor, Members of the Council, Council Member Bird, in reading through it, there is a provision that respects the state's fiscal year, but it looks like the majority of the jurisdictions are municipal with the October 1. 1 will get a clarification on that for you on how that works. Rountree: Madam Mayor? Go ahead, Ted. ,Baird: I guess when I said respecting the state fiscal year, the legislature can't act on approving money until March -- February and March. So, that's what -- it's in there with regard to that, but there might be some more information here from someone who is more familiar with the state than I am. Hoaglun: Madam Mayor? De Weerd: Yes, I'd love to -- Hoaglun: No. The only question I had for Mr. Baird is the fact that the Department of Health and Welfare is in for almost a million dollars -- 900,000. And if that were to be reduced, knowing that the governor is looking at a hold back in the future and there is financial pressures there, if that is reduced, does it -- do they look to the other parties, the other four members, then, to come up with that difference? Is that what we are looking at down the road or -- hard to say. Okay. Baird: Madam Mayor, Members of the Council, there is a budget attached at the end of that agreement and there is only a limited number of parties at this point, so I think your suspicion may be true. De Weerd: Mr. Baird, I guess I have one final comment in getting clarification. It looks like the state is covering for the other counties that this detox center would serve and Ada County and its cities are covering the rest. If a shortfall should occur, it certainly shouldn't be to the only county that's actually paying their own local dollars for that, they really need to go -- and I know that the percentage of use will be from Ada County, but there will be some use from the other counties. Baird: That's correct, Madam Mayor. The service area includes the entire Fourth Judicial District, which is Ada County, Valley county, Elmore county, and Boise county. And as you pointed out, none of those are present. There are some -- in addition to Ada County, there is some fairly large jurisdictions that are also absent from this that will be using it as well. It doesn't appear at this that Meridian is being asked to share or shoulder more than its proportionate share of the burden, but that is certainly something that you will want to be on the lookout for in the future. De Weerd: Well, I guess that would be what we need to negotiate in the price cap or what have you, that we are only paying our proportionate share. Zaremba: Madam Mayor? Meridian City Council September 23, 2008 Page 13 of 73 De Weerd: Mr. Zaremba. Zaremba: And there are even other cities within Ada County that aren't included in that. wonder if there should be a clause in there with a provision for charging nonmembers on a per person basis or something like that. If your jurisdictions that are smaller only send one person a year, you could be billed for that one person -- I assume Meridian may have enough presence that our annual stipend is going to be worth it to us eventually, but if small jurisdictions that aren't one of the members could be billed on a per person basis -- not for resident basis, but per person that gets into the program -- per patient basis, I guess. De Weerd: Well, I think we just have some suggestions and would like you to come back with an update. Baird.: Madam Mayor, I think your direction is clear. Despite the fact that there is some sentiment that this wanted to be finalized by September, I think you have raised enough issues of concern that I will contact Mr. Argyle with the intent of coming back with some answers to your questions on October 7th, hopefully, with a revised draft as well. De Weerd: I guess you can reiterate our commitment to the 52,000 pro rated for the first year. Baird: Okay. Very good. Thank you, Madam Mayor, Members of the Council. 2. Ingress -Egress Easement for Generations Plaza Parking Lot Required as a Condition of VAC 00- 005 for the Partial Vacation of the Alley Intersecting Main Street between Pine and Idaho Avenue: De Weerd: Okay. Then, Item 6-C-2. Baird: Okay. Madam Mayor, Members of the Council, this item came to our attention -- it's regarding the half of the alley over there by Generations Plaza that's adjacent to the building where the Flat Bread Pizza is going in. They approached our Planning Department for a CZC approval for a patio on what they were referring to as the vacated alley. In checking the records of the Ada County Highway District, it appears that in the year 2000 the city made an approval recommendation to the highway district and the highway district conditionally approved the vacation of half that alley, but it was conditioned on the city executing an access agreement to the parking lot and that agreement was not completed by your staff in year 2000. So, the district is willing to pass a new resolution to vacate the partial alley and all they are looking for is that access agreement from the city that was agreed to back in 2000. The document is in your packet tonight. It's very similar to an agreement that we executed in order to get a partial alley vacation on the Creamery block to accommodate the construction of City Meridian City Council • September 23, 2008 Page 14 of 73 Hall. ACHD does not prefer to vacate partial alleys, because of traffic flow, but in both instances they were convinced that using the parking lot as exits, it provides sufficient circulation. Regarding the financials on this, they valued the alley at that time at 10,200 dollars and in exchange for actually charging that, they took the value of the substitute access through the city's parking lot as compensation and so in order for the city to get half of the vacation and for Generations Plaza to get half of the vacation, Gary Benoit and Vencor paid the city in the year 2001 5,200 dollars. I confirmed with our accounting department that we did receivd that payment and they haven't gotten their land six years later. So, what I'm looking for tonight is your approval of the access agreement, which would allow this six year old transaction to be completed. De Weerd: Thank you. Council, any questions from Mr. Baird? Rountree: I have none. De Weerd: Okay. If there is no questions, do I have -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the access agreement before us for the -vacation of the alleyway, intersection of Main between Pine and Idaho, and authorize the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Seeing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. Item 8 -- Item 7, we had no items moved from the Consent Agenda. Item 8: Request for Reconsideration for Overland Village by Relo Development: De Weerd: So, Item 8 is a request for reconsideration for Overland Village. Council, you do have the letter for your consideration. If we have any questions, certainly we could get further clarification, otherwise, I will ask for your direction. Bird: Madam Mayor? Meridian City Council • September 23, 2008 Page 15 of 73 De Weerd: Mr. Bird. Bird: If we don't have any question needed, I move we approve -- what one are we on? Rountree: Eight. Bird: Eight. De Weerd: Then, you would like to reconsider this? Bird: I'm sorry, I was looking at something else. Let me think a minute. De Weerd: Council, I don't know if I take your silence as a desire not to reconsider this item -- Rountree: I'm waiting on Mr. Bird. He had a motion started and I'm not sure if he wants to make one or finish one. Bird: No. Go ahead. Rountree: Madam Mayor, just for discussion, there is an indication that there is some new information. Our big issue was emergency access. They say in their letter that they have a possibility of providing emergency access, as well as contributing two additional accesses, I would be willing to at least listen to their new proposal, but if they don't answer the questions we had previously, it's not going to be beneficial use of their time or our time. So, I'm willing to reconsider based on what they said in their letter. Bird: Second. Rountree: I didn't move -that, but -- De Weerd: We didn't have a motion yet. Bird: Oh, 1 thought that was a motion. Rountree: That's my position. De Weerd: Okay. Well, if you.are willing to make a motion, I know Mr. Bird will second it. Rountree: Madam Mayor, I move that we approve the reconsideration for Overland Village. Bird: I second it. Meridian City Council • September 23, 2008 Page 16 of 73 De Weerd: Okay. Discussion? Okay. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Canning: Madam Mayor? De Weerd: We will -- yes. Canning: For the benefit of the applicant I did want to explain that there is a fee for the reconsideration that she will need to pay before we schedule a hearing date for her. De Weerd: Okay. Thank you. Canning: Thank you. Item 9; Findings of Fact and Conclusions of Law for Denial: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C -G zoning district for Overland Village by Relo Development — 3330 East Overland Road: Item 10: Findings of Fact and Conclusions of Law for Denial: VAC 08-001 Request for a Vacation of the existing right-of-way of S. Rackham Way for Overland Village by Relo Development— 3330 East Overland Road: De Weerd: Item 9 is Findings of Facts and Conclusions of Law for denial on AZ 08-001. We have the same on Item 10 for VAC 08-001. Baird: Madam Mayor? De Weerd: Yes, Mr. Baird. Baird: Given the motion to reconsider that matter, I would suggest the appropriate motion will be to vacate Items 9 and 10. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move to vacate Items No. 9 and 10 pertaining to Overland Village. Zaremba: Second. Meridian City Council September 23, 2008 Page 17 of 73 De Weerd: Okay. I have a motion and a second to vacate Items 9 and 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 11: FP 08-015 Request for Final Plat approval for 19 single-family residential building lots and 7 common lots on 6.78 acres in an R-4 zoning district for Bancroft Estates Subdivision by Providence Development, LLC — 2180 East Amity Road: De Weerd: Item 11 is SP 08-015. 1 will ask for staff comments, if they should have any. Canning: Madam Mayor, Members of the Council, we do have a letter from the applicant stating they are in agreement with the conditions of approval. De Weerd: Okay. Thank you. Council, any further information needed on this item? Rountree: I have none. De Weerd: Okay. Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Item 11, final plat 08-015 for Bancroft Estates Subdivision. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 11. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from August 26, 2008: PP 08-007 Request for Preliminary Plat approval of 21 building lots on 12.62 acres for Una Mas by Una Mas, LLC — 3945 E. Ustick Road: De Weerd: Okay. Item 12 has been requested to continue to October 28th. I would need a motion to do so. Rountree: So moved. Meridian City Council September 23, 2008 Page 18 of 73 Zaremba: Second. De Weerd': Okay. I have a motion and a second to continue Item 12 to October 28th, 2008. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Continued Public Hearing from September 2, 2008: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C -G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC — 505, 521, 615 and 675 Waltman Lane: Item 14: Continued Public Hearing from September 2, 2008: PP 08-001 Request for Preliminary. Plat approval of 52 commercial / office lots and 1 common lot on 38.21 acres in a proposed C -G zoning district for Browning Plaza (aka Waltman Property) by SLN Planning, Inc. — 505, 521, 615 and 675 West Waltman Lane: De Weerd: Okay. Items 13 and 14 are continued public hearings from September 2nd on AZ 06-063 and PP 08-011. Canning: Madam Mayor, Members of the Council, at the last hearing Council directed staff to document the changes discussed at the hearing and bring them back to Council. Mrs. Watters and I met with the applicant to come to agreement on the DA provisions and, then, Mrs. Watters prepared a memo for tonight's hearing date that was in your packet based on that conversation. Staff has no outstanding issues and the applicant indicated to me that he's in agreement. I believe we -- well, does Council have any questions of staff? De Weerd: Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Okay. Council, what would like to do? You asked and staff delivered. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I would move that we close the public hearing on Items 13 and 14. Bird: Second. Meridian City Council • • September 23, 2008 Page 19 of 73 De Weerd: Okay. I have a motion and a second to close the public hearing on Items 13 and 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Rountree: Question for Ted. We had approved the annexation and zoning, as well as the preliminary plat for this project previously. There was a reconsideration of some of the conditions of that approval. We have dealt with those the last time and staff has corrected those. We don't move to reapprove an approval. Do we have a motion to amend the previous conditions of approval? Baird: Madam Mayor, Members of the Council, and Council Member Rountree, that sounds like as good a plan as any. Maybe the planning director has an idea, since you have been more intimately involved with what's been going on here. Canning: Madam Mayor, Members of the Council, Council Member Rountree, I believe the reconsiderations are, essentially, a new hearing. So, I think that you need to take action. It would be like -- it would be like the first time. Rountree: Okay. Then, a question for either Anna or Ted. How do we address the conditions of the development agreement? As amended by staffs letter this evening? Canning: Yes. I think that would be appropriate. Rountree: Okay. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we approve Item 13, AZ 06-063 with the amended conditions as outlined in the staff memo. Bird': Second. De Weerd: Okay. I have a motion and a second to approve Item 13. Any discussion? Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Item 14. Meridian City Council September 23, 2008 Page 20 of 73 Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the preliminary plat for 08-001, again, reflecting the conditions that were put forth for the annexation. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Okay. Roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: CPA 08-002 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation for approximately 10 acres from Low Density Residential to Mixed Use — Community for Eagle and Victory by Rose Law Group — Northwest Corner of East Victory Road and South Eagle Road: Item 16: Public Hearing: AZ 08-010 Request for Annexation and Zoning of 3.75 acres from RUT and R1 to C -N zoning district for Eagle and Victory by Rose Law Group — Northwest Corner of East Victory Road and South Eagle Road: De Weerd: Items 15 and 16 have been also requested to continue. I will open these two public hearings on CPA 08-022 -- 002, sorry, and AZ 08-010. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue CPA 08-002, AZ 08-010, until October 28th, 2008. Hoaglun; Second. De Weerd: I have a motion and a second to continue Items 15 and 16 to October 28th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council September 23, 2008 Page 21 of 73 De Weerd: I think with the removal of some of those items -- sir, generally when they are requested to continue, we do ask that -- because the people are not here to make the presentation on that application -- are you the applicant? Holman: Madam Mayor, he's talking about Waltman. Rountree: Waltman. De Weerd: Oh, Waltman. It was only continued for those specific directions that the Council requested. I'm sorry. Those -- it was continued for just limited information for Council to determine how to make their motion. So, I am sorry if that gave you a false impression, because it was not a public hearing, other than to accept additional information for clarity on the motion. We have had -- we have had a gajillion public hearings on this item. Rountree: Eighteen, I think. De Weerd: Well, I just added a new Webster word. Rountree: A Gajillion. De Weerd: Gigantic was just recently added. Sir, all I can tell you is we have had -- I believe that Councilman Rountree said 18 public hearings and today's public hearing was only for limited information specific to the motion to the development agreement that was a result of all the public hearings and all the testimony that we have received up to this date and 1' apologize that it was misleading, but that was continued only for that information. And it's the only way -- we can't -- it has to be a public hearing in order to accept that information. So, it has to be listed that way on the agenda and it was misleading to you I can see, but the motions had already been made, they were just waiting to have all of the information consolidated, so that they could make sure all the points of their approval were captured. So, I would ask you, sir, to ask staff some of your questions -- Mr. Baird, maybe you can step to the back of the room and help answer— Baird: Madam Mayor, I would be happy to and to what you have just added, I'd just say that after the hearing is closed and the motions are made, we can't reopen it without re - noticing and there is no reason to do that based on the very limited reason for which you continued the hearing tonight. And that's just for the record. I will be happy to step out and give what information I can. De Weerd: Okay. So, sir, if you could have the dialogue with Mr. Baird, we would appreciate that. Canning: Madam Mayor, Sonya will go out there also. De Weerd': Okay. Thank you. Okay. Where was I? Meridian City Council • September 23, 2008 Page 22 of 73 Item 17: Public Hearing: CPA 08-004 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation of approximately 40.5 acres from Medium Density Residential to Mixed Use -Regional for Meridian and Amity by Hawkins Companies — Northwest Corner of West Amity Road and South Meridian Road: Canning: Item 17. De Weerd: Okay. Since we did have changes to our agenda, I was going to remind those in attendance tonight that after a certain time in the evening you don't want us to continue, so if it gets really late we might have to continue some of these items. But it looks like we might be getting through them. So, I will go ahead and open Item 17 for public hearing on CPA 08-004 with staff comments. Canning: Madam Mayor, before Mr. Parsons makes his presentation, I did want to inform you that there are concurrent applications to this that will be heard by the Planning and Zoning Commission on October 5th and I didn't know if that might influence your decision on whether to hold the public hearing tonight or if you wanted to wait for those. De Weerd: What is the desire of Council? Shall we ask what the applicant's preference would be? First, what is the Council's preference? We will start with that. Or do you have one? Rountree: Madam Mayor, it's kind of a chicken and egg thing with me. Without hearing what's being proposed, I don't know how to react to the Comp Plan amendment request. If they have specifics about what they want to do with this piece of property, that might help build their case if I'm inclined to not agree with the Comp Plan amendment, but without hearing their case on the amendment, we are not going to know what's going to be done or why it's being requested, so -- plus they could have a P&Z hearing on their proposal and we could reject the Comp Plan amendment at some future date. So, I think my preference would be let's start the hearing, let's take some testimony. If it appears that we might need additional information, then, we can continue it, but at least we have heard it and have a start of what's going on. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would concur with Councilman Rountree's conclusion. I think not only for us, but for the Planning and Zoning Commission, it would help for us to hear some of this and perhaps offer a consensus, even if we don't make a final decision tonight, so that the Planning and Zoning Commission knows whether it's worth their time to hear the other matters. Meridian City Council September 23, 2008 Page 23 of 73 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I also concur. Let's see -- De Weerd: Can you, please, speak up. Bird: I also concur. Let's go ahead with it. De Weerd: Thank you. Okay. Anna, it sounds like they would like to hear this item, so will ask for staff comments. Parsons: Thank you, Members of the Council. This is the Meridian Amity CPA before you tonight. If you look at the zoning map that I prepared for you, you can see right now it's a pretty undeveloped site. It's all currently zoned RUT in Ada County. The Comp Plan before you tonight really is for two parcels. That's this larger portion to the north -- the northern half, just south of Harris Street, and a five acre parcel here in the northwest corner of the development. Here is the aerial again. You can see it's pretty much agricultural land. The applicant's wishing -- right now these designations for this portions -- or those two parcels are medium density residential and they are requesting to go to a mixed use regional designation. This is what the current Comp Plan looks like as we speak today and this is what it should look like if you so choose to recommend approval -- or approve the project tonight.' One discrepancy I would point out is.when GIS did this map, they left that portion of the parcel off, so that didn't get that designation on there, so we will try to have that corrected before the resolution is completed on this -- for this project. The applicant has submitted a conceptual site plan. As Anna pointed out, the annexation request will be -- will be before Planning and Zoning Commission on October 16th and right now I'm waiting -- I'm holding the variance application in my office until we get recommendations on that annexation, so that that variance staff report can catch up to the annexation request. The reason why the applicant is requesting the variance -- if you look at the submitted concept plan here, .you will see that they are proposing three access points onto Meridian Road, which is not permitted in the UDC. The other thing I'd like to point out to Council and the Mayor tonight is that this is not the submitted concept plan that the P&Z -- the Planning and Zoning Commission will hear on the October 16th hearing. This is what they acted on when they recommended -- forwarded a recommendation of approval to you tonight. I'll let the applicant -- my understanding is they are going to have somewhat of a revised version for you to look at tonight. I won't get into that, I'll let them -- as Councilman Rountree pointed out, let them provide that additional information for you to help you guide -- to help guide your decision on this Comprehensive Plan amendment. De Weerd: Excuse me, Bill, but would they be able to hear it? Rountree: No, not if it's an application before the city. We have to act on it. We can't here. Meridian City Council • • September 23, 2008 Page 24 of 73 Parsons: Very well. Madam Mayor, Members of the Council, that's -- typically, we try to encourage the applicant to hold up -- try to have them hold the applications and have other applications catch up to that, so that you guys can act on that and have the appropriate information before you. De Weerd: So, by the end of this they may find that they want to continue it, so they can hear it all at the same time. Parsons: Absolutely correct. De Weerd: So, we will work very hard to keep it focused on just the CPA. Parsons: Absolutely. So, one thing I would -- so, some of the outstanding issues for you tonight and some of the things that Commission discussed -- the Commission did recommend approval of this project on August 14th, 2008. There were some folks that spoke in favor of it at the public hearing. One was Lance Evans, Jason Overy and Carol Gossett were in favor. Also Steve Hasson, who is the planning director from Kuna, was there and provided comments on the application as well. He was making comments in reference to restricting access to Meridian Road. Key issues that Commission discussed was is this an appropriate mixed use development in this area. Is there compatibility with surrounding residential subdivisions and is it appropriate for a big box retail adjacent to future residential. Outstanding issues before you tonight is, one, access points to Meridian Road. Is the Comprehensive Plan amendment consistent with a mixed use regional designation. Again, is it compatible with future -- the surrounding residential to the north and west of the site and is it appropriate for Council to take action on the CPA application tonight. With that staff would be happy to answer any questions you may have regarding the project. De Weerd: Thank you, Bill. Any questions for staff at this point? Bird: Madam Mayor, none. Rountree: Not right now, but I'm sure I'm going to. De Weerd: Okay. Would the applicant, please, come forward. And I will apologize that I'm standing, not sitting. It's not that I want to have a better angle of looking down at you, I have three bulging, disks in my back and so sitting is not pleasurable. Sir, if you can kind of keep it angled to Council and the audience as well as you can. Canning: Madam Mayor, may I question Mr. Evans? Mr. Evans, if that is not what was presented to the Planning and Zoning Commission for the Comp Plan amendment, you will not be able to show it. Evans: Okay. Meridian City Council • • September 23, 2008 Page 25 of 73 Canning: If that is the application you have going to P&Z you can't show it now. Evans: Okay. Canning: And if you wanted to, this would be a great time to request continuation, if you are so inclined. Rountree: And I will express my frustration as well, but the courts tell us that, it's not our rule, so --- Evans: Okay. Rountree: We all feel the same way. De Weerd: So, sir, first, if you would state your name and address for the record. Evans: Thank you. My name is Lance Evans. I'm with Hawkins Companies. Address is 855 Broad Street, Suite 300, Boise, Idaho. De Weerd: Thank you. Evans: I think it's quite simple, the reason we are asking to. go forward at this time for this development application of this Comprehensive Plan amendment is to keep the ball rolling, so to speak. This is a multi -step process. There is a lot of different faces for this development. The first step is this Comprehensive Plan amendment. The request is actually for -- and it's a little deceiving to look at the whole site. It's just for the northern half. Okay? The lower half is already mixed use regional. Okay. We are adding the five acres to the west of that, the small parcel. It makes it a little straighter line. And Bill pointed this out, but it's just real important to understand that this is just an expansion of what's already there, given it is a change, but we do want to get the ball rolling on this one element of this whole development proposal. The steps that are to follow -- I mean, yes, we still have to annex and zone. We have to come back through for staff approvals, design review. There is a lot of work to be done on this site, but we thought we could take'one step, at a time and get the sign off on that and that's why we haven't asked for a continuance. All of these details -- and they are all -- there is several issues that are brought up in the staff report for this Comp Plan amendment that really relate to the zoning application. That's why .I wanted to show you a new site plan. We have done a lot of work. We have been working with staff, meeting with them. We have submitted -- to address their concerns. We have submitted a traffic study that's being studied by ITD and ACHD for their comments. We. -have added a back -age road. We have modified the pedestrian pathway. We have changed the zoning designations and re -noticed and that's part of why this isn't together is because of those modifications. We have changed the densities and the allotment of office and the residential and the commercial to meet staffs request and address their issues and we have done some other site modifications. Changing the size of some of the buildings in the proposal to meet other concerns as the development goes forward. That is why we are here is to -- Meridian City Council • • September 23, 2008 Page 26 of 73 we -- there is a lot of changes and other things that are happening, but we'd like to get your go ahead before we keep working on the zoning and annexation and just see -- the big picture, is this an appropriate thing to do. And I think that's, essentially, why we are before you tonight is just that one item. I think there is several benefits to the city for approval of this development. We will provide commercial services and residential and office services south of 1-84 where, really, there exists no -- no regional services and neighborhood services to meet the needs and go to the city to the south. Many residents already exist. The commercial services are still needed. And we want to get those in there as soon as we can. It will be -- you know, hopefully, this development will bring retailers into the area and provide those services to current and future residents. The development also expedites the expansion of water and sewer services to this southern section of Meridian. We are going right down to the Comp Plan area boundary with this development, right to, hopefully, the annexation line of the future designation. We want to see that go forward. It will create that annexation pathway to the south to allow the city to expand in that area. The location and the site design will also take advantage of existing and future residential uses and traffic patterns and create a single point for retail services. It's a big issue in the Comprehensive Plan. You need to have that done. We want to create it in a location where it will be successful and that's why we proposed this development where it is. And there is also the commercial land will increase the tax base for the City of Meridian. As I said, this is just the first step and we thought we could take a look at just this single issue of in the Comprehensive Planning land use map is it appropriate to have that area -- that 40 acres be designated as mixed use regional or should it stay medium density? We have done a lot of the site design and buffering with the adjacent sites -- with our future neighbors. It's vacant now, but even to future neighbors we agreed to a very expensive back -age road that will help with the site circulation. There is a lot of elements that we are still refining, but we want to give a kickoff on this large picture, like today. Give your approval of that, hopefully. Are there any questions? De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: Madam Mayor. Your application is from medium density residential to mixed use. If we could go back to the concept that apparently was presented at the Planning and Zoning hearing. There we go. If you'd explain the mixed uses that you're proposing and how they relate to one another. Evans: Well, to the north of the site -- to the northwest corner we have residential and that is one of the things that we have expanded a little bit to try and add in that area. Then there is office and, then, we go into -- De Weerd: No, Bill, you need to show the other one. The bubble map. Because the other one is really not there. Rountree: No. That's -- they presented that at Planning and Zoning. Meridian City Council • • September 23, 2008 Page 27 of 73 Evans: That's correct. Rountree: Both of these. De Weerd: Did they? Parsons: Madam Mayor, yes, both those were presented at that hearing on October -- or, excuse me, August 7th and August 14th. De Weerd: Thank you. Evans: This is the retail area, then, the office is in this area. We have got some restaurants and those types of uses in this area. We are trying to keep a consistent -- you know -- well, to reduce the impact to the properties to the north. And, then, we come into a commercial area to the south. We have got several box retailers and, then, larger and, then, out here on the periphery we have, you know, .numerous other -- and, really, we don't know what the mix is going to be exactly. Services, restaurants, the mix is yet to be determined. So, that's why we are starting this process and trying to go through it all to get down that road, so that we can start marketing it with specifics of here is what the City of Meridian has approved. Rountree: Excuse me. Madam Mayor? De Weerd: Uh-huh. Rountree: So, your proposal, in terms of the actual change, would be that northern half of that parcel, if you will. About that point north. Evans: About this point north is where the mixed use regional -- it's currently medium density and that would turn into mixed use regional. Rountree: So, what kind of percentage of that land mass are you talking about as residential? Evans: Residential we are proposing right at seven acres and, then, office would be about three. So, we are talking 25 percent office -residential and, then, the rest would be commercial. Rountree: Retail commercial. Evans: Retail commercial. Hoaglun: Madam Mayor? De Weerd: Yes. Meridian City Council • September 23, 2008 Page 28 of 73 Hoaglun: You had mentioned that you already had some mixed use regional. Was that the southern part? Evans: Correct. Everything down here is already -- well, except for that five acres that sits right in there. About five acres. This whole corner, basically, is mixed use regional today. Hoaglun: Okay. Evans: If I could hold that steady, it would be a lot better, but I'm -- so, this is the mixed use regional today. We are adding this and this. Hoaglun: Madam Mayor. Question, then, for staff. Has all that brown that we see at that intersection -- is all that mixed use regional on both sides of the highway? Parsons: Madam Mayor, Commissioner Hoaglun -- Hoaglun -- apologize for that butchery there. This portion here is a mixed use community. This site -- east of Meridian Road is mixed use regional and, then, also that little portion as well. But, yes, essentially, it's all mixed use, just a different classification, community versus a regional. Hoaglun: Thank you. Parsons: You're welcome. De Weerd: Council, any other questions? Okay. Thank you. Evans: Thank you. De Weerd: Okay. This is a public hearing. Is there any additional testimony on this item? McKay: Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. I'm representing Greg Johnson. He owns 52 acres on the western boundary of the Hawkins property. He did want me to go on the record that he is supportive of their Comp Plan map amendment and they have worked with us closely to coordinate their efforts with ours and to look at the big picture here and we are supportive of this and ask the Council to approve their application. Thank you. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Question for Becky. I'm going to laser it here. Meridian City Council • • September 23, 2008 Page 29 of 73 McKay: Okay. Rountree: This parcel or -- give me the 52 acres. McKay: This parcel right here. Rountree: Okay. Thank you. Parsons: Madam Mayor, Members of the Council, one thing staff failed to mention is they did receive two letters -- some written comments in favor of this application as well from folks that live in the area. That should be in your packet tonight, too. De Weerd: Yes. Thank you, Bill. Okay. Council, any further -- oh, I'm sorry. Is there any additional. testimony? Council, any further questions? That you would have of staff or the applicant? Would the applicant have any further remarks? Rountree: Madam Mayor, I have a question for Anna and it relates to an issue that she brought out. As it relates to taking action on the Comprehensive Plan amendment without the associated annexation information. Help me understand that again. Canning: Madam Mayor, Members of the Council, it isn't that you can't take action separately, of course, it's -- typically, the Council has asked to see the whole picture. In the words of former Council Member Nary, it was -- I don't know that what we are seeing is any better than what we have got, unless we can see what their actual -- the details of what they were proposing. So, that is why we strongly encourage folks to get the whole application up to you, so that -- for your consideration. It's just because you have been reluctant to act on things without all of the pieces together. So, it's not that you can't. Rountree: No. I'm just trying to put the -- juggle the pieces here. The applicant's indicated that they could do that this evening, but we are reluctant to hear it on this hearing, because it's an application before the city Planning and Zoning for annexation and zoning of the concept plan. De Weerd: That's correct. Rountree: So, Mr. Baird, could you help me try to figure this out, not only for myself, but for the applicant. Baird: Madam Mayor, Members of the Council, what you don't have the ability to do tonight is to tie them down to any of the proposal, the bubble that was just shown as a concept. When that comes before you in the form of an annexation, you have the ability to require that it be -- execution of the development agreement that would pin those things down. Certainly your approval tonight sets you down the road to do that, but it's been your desire in the past to do it all at the same time. Meridian City Council September 23, 2008 Page 30 of 73 Canning: Council Member Rountree, I think what you're talking about is that typically you're not allowed to hear and make judgment on an application in process before the Planning and Zoning Commission makes their recommendation up to you. Is that more along the lines of -- Rountree: That's what I'm thinking, yes. Canning: And that is just -- Rountree: So, I guess my question is how do we get beyond that? I mean I'd like more information, but the more information is now before the city in the form of an application. Baird: Madam Mayor, Members of the Council, you could simply continue this matter to a mid November date, at which time we'd anticipate having the other matters on the agenda and you could consider them all at the same time. Rountree: But, then, that gets back to my question previously. There is a presumption, then, that we are going to approve it and that kind of puts the applicant out there doing work that we may not accept. I'm trying to make logic of this. Baird: Madam Mayor, Members of the Council, if your desire is to not go forward with the Comp Plan amendment, you can make such a motion tonight and, ,then, there wouldn't be any reason to have the other matters come back in November. Rountree: I guess if -- my question is in terms of directions to the applicant. We can't condition a Comp Plan amendment, but we can certainly let them know what our issues are, they bring forth an annexation and not addressing those issues might very well be the death nail to their annexation. Is that the appropriate way to convey the information? Canning: Madam Mayor, Council Member Rountree, I would be concerned that it would be construed as a public hearing on an application that was not properly noticed. You would, basically, be providing guidance on an application that's not ripe for you yet, so -- Rountree: I think -- I'm not wanting to see anymore information that they might have before Planning and Zoning. What I'm saying is that we have a concept and there are things on the concept that we can't establish conditions on with an approval of the Comprehensive Plan amendment and I'm speaking specifically -- we have an ordinance against access on state highways. Yet, this proposal shows three accesses on the state highway. We heard, even though we weren't supposed to, that they are now proposing a back -age road. De Weerd: Which is a good thing. � s Meridian City Council September 23, 2008 Page 31 of 73 Rountree: Which is a good thing. Yeah. But -- and something that I would suggest if we move forward with this, but, again, we -- Zaremba: Madam Mayor? De Weerd: Hold on. I'm going to speak first. Rountree: She's going to help us out, because she knows where to go. De Weerd: You know, we just went through this on the corner of Victory and South Eagle and we annexed it with a -- more of a bubble map like that and I would probably advise the applicants not to show any detail when it's just a Comprehensive Plan amendment, just so we don't get into the -- we are supposed to be looking at the 20,000 foot level and not the ten foot level and so I guess we could reiterate the goals of these mixed use areas and some of the designer types of things that we would like to see, but to comment and remind our -- our access management ordinance, b.ut, certainly, what we need to consider today is -- does adding more -- 40 additional acres of mixed use regional make sense to that area, to service the number of house tops that we putting out there and the big picture, because right now we are looking at the big picture and I'm sorry that the Planning and Zoning Commission saw that. I do know we have a preference that when we annex we know what we are annexing in and what that might mean. But I guess in my opinion a Comprehensive Plan change is trying to look at the big picture and say does it make sense for our community as it is building out, that these additional services at the regional level are needed and that is what we based our decisions on, not what might be put there in front of us that we will see further down the road. And so that's -- that's kind of the perspective that I place on the Comprehensive Plan changes. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, I, actually, was going to venture an opinion and the two ways that I see to go are to discuss a consensus and, then, continue it for the other items to catch up with it, so that we hear them all at once or we could act on this and I would propose that either my or my consensus would involve that I think this would be an appropriate change to have mixed use there and we envision not what Meridian Road is today, but what State Highway 69 is going to be in the future with all the growth that's going to happen in south Meridian and Kuna and other areas down there. I'm sure it will be the equivalent of Eagle Road at some point and to me that means that the mixed use regional would be appropriate down there. I would add onto that that my opinion about approving mixed use regional does not include giving up our developments along state highways, which means it would not include three accesses. De Weerd: Or at least more access than at the half mile. Meridian City Council September 23, 2008 Page 32 of 73 Zaremba: Yes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe this application is just strictly a Comprehensive Plan -- De Weerd: That's correct. Bird: -- amendment. I, too, agree that mixed use regional, I believe, is a good designation for that area. I, basically, wish they hadn't of shown the concept for just a -- the Comprehensive Plan amendment, because I'm like Mr. Zaremba, you know, we -- in a Comprehensive Plan we -- we don't determine how many egresses and ingresses they are going to have, that all comes when they come in with an application, which I believe is coming forward. So, I have no problem passing on this CPA today, as just a Comp Plan amendment. It has nothing to do with anything else. De Weerd: Thank you, Mr. Bird. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Bill, could you put that -- when I had that question about the other brown and what was the regional back up there, you know, when you take that 20,000 foot view, you, obviously, see that there is some plans out there and there has been some designations for mixed use regional already in place in different areas to add to make that half section along the state highway there on both sides of the road mixed use regional, you know, they say the devil is in the details and that may be coming, but don't see that as being a problem to go that route and to change that farther down to the north. It sounds like there is a lot of things to consider later on when a plan actually comes forward, but for now it looks like I think the developers are looking at the population growth and what's happening out there and I see what they are doing and I wouldn't have a problem supporting a change to that. Of course, I don't have the battle scars some of you do yet, but -- Rountree: You will. Hoaglun: Yeah. That's where I am right now. De Weerd: Okay. So, any final remarks from the applicant? Evans: Yes. Thank you very much, Madam Mayor. Madam Mayor and Council, I just -- I want to just reiterate that we are not trying to jump ahead or -- we realize there is issues that need to be worked on, but we would like to get the assurance of at least, Meridian City Council September 23, 2008 Page 33 of 73 hey, this much is okay and I echo exactly what you said, Madam Mayor, that's why I wanted to get up here and say that, hey, this is the big picture, this is one application. The zoning and annexation is another application. After that is -- you know, there is different applications and different review processes for each of these different layers and we will have to go through those as we go forward, but we want to get as far down the road and over and down as many steps as possible before we invest a lot more time and money into what's going on. Thank you very much. De Weerd: Thank you. Okay. Council, anything further? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the CPA 08-004, public hearing. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the pubic hearing on Item 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, what's your pleasure? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve CPA 08-004, the request for a Comprehensive Plan amendment, to modify the future land use map, by changing a land use designation approximately 40.5 acres for medium density residential to mixed use regional for Meridian and Amity by Hawkins Companies and to include all staff, applicant, and public comment. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 17. Is there any further discussion? Zaremba: Madam Mayor, yes. De Weerd: Mr. Zaremba. Meridian City Council September 23, 2008 Page 34 of 73 Zaremba: I would just clarify again, as I think we have all stated, that in agreeing with the Comprehensive Plan amendment, we are not agreeing or disagreeing, but particularly not agreeing to the accesses. De Weerd: I'm sure the applicant took note of that comment. Any further discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: CPA 08-003 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use -Community for approximately 94 acres for Volterra Commercial by Primeland Investment Group, LLC — west of North Ten Mile Road and north of West McMillan Road: De Weerd: Council. Okay. Item 18 was also requested to continue to November 5th. Do I -- I'will open the public hearing on CPA 08-003 and ask Council for a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue the public hearing on CPA 08-003 to November 5th, 2008. Zaremba: Second. De Weerd: Okay. I have a motion and a second to continue Item 18 to November 5th, 2008. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: CPA 08-009 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map by changing the designation of approximately 9 acres from Medium Density Residential to High Density Residential for Biskay by Greg Johnson — south side of Harris Street, west of South Meridian Road (SH 69) and north of West Amity Road: De Weerd: Okay. Item 19 is a public hearing on CPA 08-009. 1 will ask for staff comments as I open this public hearing. Canning: Madam Mayor, I'm going to jump in front of Mr. Parsons again, but it -- one of the things we don't like to do is annoy you, but every single one of these applications Meridian City Council September 23, 2008 Page 35 of 73 has a concept plan. So, would you like to us present the concept plan to you tonight or -- okay. I just wanted double-check. De Weerd: We appreciate the checking on if you're annoying us yet. It's not the designated hour. Rountree' It's not the concept plan, it's the logic. Parsons: Madam Mayor, Members of the Council, this is the Comprehensive Plan for the Biskay project. Again, this site is west of the last project we just heard, the Meridian -Amity project, so, again, the site encompasses 52 acres, but the Comp Plan amendment is only for approximately nine acres of that site. The aerial. Again, it is underdeveloped, just like the adjacent parcel. This is a little bit skewed again. I apologize for that. But here is what they are proposing to change going from a medium density residential to a high density residential designation and if you see this green line here on the -- as the map exists today, that's really the portion that they are proposing to change, is that -- that line and, then, going northeast of that is that -- that's roughly nine acres. Again, here is the concept plan that they are proposing. It's a little skewed, but this is the high density portion proposing -- the concept plan shows a higher density residential here, transitioning to a medium high density residential, your typical four- plexes, and, then, your single family detached units here as they get farther away from that mixed use -- proposed mixed use project. De Weerd: Okay. You're making me dizzy with that. Parsons: I apologize for that. So, during -- the Commission did recommend denial of this project at their August 7th and 14th hearing. Speaking in favor was Becky McKay and Jason Overy. Staff did not receive any comments prior to tonight's hearing. However, we did receive comments from the Parks Department. The Comprehensive Plan -- and I will go up to that previous slide. If you look on this -- this lot here, that symbol represents a possible park location on this site and based on the park's comprehensive plan, it's designated for what is a community park, which is your typical 15 to 30 acre site. Now, if I go back here to the concept plan, the applicant is proposing 3.5 acres. So, I had asked the parks director Steve Siddoway to provide staff with some comments to kind of see what direction they were looking or what they were looking for in that area of south Meridian and that memo should be in your packet tonight. If you'd like, I could go over those details a little bit later. So, some of the discussion items at the hearing, the Commission hearing; was, again, the park site, the need for a high density residential designation and mixed use development and, then, again, Planning and Zoning did deny that based on that. They thought that the mixed use designation -- regional designation would provide enough of a transitional buffer for those future residentials to the west. So, outstanding issues for Council tonight would be how do you want the applicant to proceed as far as the park requirements and what's dictated by comprehensive parks and, then, also is a high density designation appropriate for this site. With that I'd be happy to answer any questions Mayor and Council may have. Meridian City Council • September 23, 2008 Page 36 of 73 De Weerd: Thank you, Bill. Council, do you have any questions at this time? Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to come forward. Canning: Mrs. McKay, I wanted to inform you that we will not have podiums at the new City Hall for you to put your large posters on. I'm sorry. McKay: Old habits are hard to break. I'm becoming obsolete. Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. I'm representing the applicant on this Comprehensive Plan map amendment. What I have up there on our board is what we presented to the Planning and Zoning Commission. I guess, you know, one of the things that puzzles me -- the staff did encourage us with Comp Plan map amendments to provide as much information as we could Obviously, realizing the fact that, you know, we are coming up with some different ideas, but we will be coming back through the process with our annexation, conditional uses, et cetera, which is where the site specific details will be worked out and -- but we thought it was important -- we agreed with the staff that we'd kind of give the Council an idea of what our thoughts are. What's before you this evening -- as I indicated, there are 52 acres in this particular piece of property. To kind of give you a history, initially here, a year and a half, two years ago, we did a single family layout on this particular piece of property. We also did a single family layout on the property to the north for Mr. Centers. At that time we met with Doug Strong, chatted with Doug about what he thought as far as parks needs in this particular area and he indicated to us that he envisioned like some type of a neighborhood park at the center section. The reason that he thought that would work well was the fact that Mr. Centers owned this property, he owned the two properties west and, then, Mr. Johnson owned that property and a combination could -- could be created from each parcel to make up this center piece. This is Harris Street, that's the half mile, so that would be a signalized intersection. Harris would come and that continuous collector would go ahead, drop in, and go westward to Linder. The other thing that we discussed with the parks department was the northwest pipeline. There is a 75 foot easement that runs diagonally through this property. It also goes through the Hawkins property and the northwest pipeline runs through that. It was our idea to Doug that, you know, we thought that would make an awesome greenbelt, a multi -use pathway, and, then, it would interconnect with the park and continue in a northwesterly direction. He agreed with us. So, we kind of, you know, hung onto that -- that concept and when we heard about the Hawkins project, they met with Mr. Johnson and he came back to us and said, you know, I think we need to retool here. Obviously, this particular area is changing. This was initially approved as a single family development that I did a couple of years ago, they kind of abandoned the project, so we are seeing kind of a change -- a little changing of the gears here. Now, in looking at this, with the pipeline there, it created a natural boundary, dropping in the collector also created a boundary. And it was our thought that, you know, what better place to put some high density residential would be next to a mixed use regional area. If there is any area out there where it makes sense, that's it. As far as the 52 acres, the nine acres, just constitutes 17 percent of the site. Meridian City Council September 23, 2008 Page 37 of 73 So, we were looking at 17 percent of this site being some higher density apartments and it would be along the greenbelt here., with park access here, then, we would transition to another multi -family type component here. What you see there is a loop. Those are like -- kind of like four-plex type units and, then, we transition to single family dwellings here. We met with Victoria Laidlaw. She indicated that it was her desire to have detached single family next to her and, then, Mr. Centers was concerned, he wanted detached single family next to him. So, that's kind of the premise that we used in this design. So, what you see here is -- you know, we have got about six acres of open space, three and a half acres up here. It was our desire at the time when we came up with it was that that would be like donation and, then, all of a sudden it cropped up this regional park issue. I think that's where we kind of got bogged down at the Planning and Zoning Commission, because they were -- they were kind of caught up in the memo from Mr. Siddoway as far as the parks. I did have the opportunity to meet with Steve and Elroy. Elroy informed me that Doug Strong brought this particular Laidlaw property before the Council here three plus years ago and inquired about the city purchasing it for a park site and at that time the Council said, no, we don't think that's the right location due to lack of services, due to public street access, that there were issues with it. So, Mrs. Laidlaw sold the property to Mr. Johnson. When we look at your Comp Plan land use map, in evaluating what is south of the freeway, I could only find one high density designation and that's over at Resolution Park by Mountain View High School along Overland Road. So, these is very little high density designation out south of the freeway. In reading some of the periodicalsthat have been put out, there is one particular book, it's called Getting Density Right, Creating A Vibrant Compact Community, and I think that's what we are looking for here. Meridian Road is, obviously, a transit corridor. We got regional shopping and other essential uses as far as office and so forth that will be located next to us. If we can't -- where are we going to place high density multi -family, if not someplace like this. Another thing that -- a periodical that I looked at it talked about compact, sustainable, walk -able neighborhoods and, you know, using a walk -able village design. I think with this multi -use pathway, the Hawkins Group also incorporated into their site plan, it's going to be extremely convenient for people to walk into their commercial complex, bike in there, and for others it will be inviting to bring them out of the commercial complex and into the park system and the multi -use pathway continuing on. As far as a regional park, I looked at your parks plan and in here it states that -- I think they call it C-23, is to be located -- C- 23 proposed park site, community park, intended to serve the southwesterly portion of the community. The ideal location is at the northwest corner of the intersection of Amity and Meridian Road. But, yet, the asterisk is kind of right in this area in your parks plan. You have Bear Creek Park just a hop and a skip over at Stoddard, so I was kind of puzzled that Steve talked about a regional park in this area and in the middle of a section, because your other regional parks have been located along the arterials where they are visible, very accessible, and esthetically pleasing along those arterial corridors. So, we are not opposed to some type of a park, but, for goodness sakes, you know, when you're talking a regional park, they are talking 50 acres. Obviously a 50 acre donation is not viable. We are in changing times here. Changing, interesting times. We are trying to rethink some of our planning principals. We are having to step back and look at what we have done and try to guess where we are going and I guess my Meridian City Council a September 23, 2008 Page 38 of 73 opinion -- you know, on this particular piece of property is mixed use makes sense. Mixed residential use makes sense. We want to have something that, obviously, creates a buffer and compliments what the Hawkins Group is doing. We show this back -age road here, so we get vehicular interconnectivity with Hawkins. They bought off on that and pedestrian interconnectivity. We think this makes sense. It's reasonable. I guess where else are we going to put high density residential if we don't put it on parkways next to easily accessible commercial and close to major arteries. We have no opposition to this and we feel this is reasonable and this density will, obviously, create a buffer. Now, the Planning and Zoning Commission, they kind of got hung up on the other issue of where the mixed use regional should create its own buffer. But why can't we work together and create a buffer and look at the big picture and that's kind of what we have done and we have been coordinating closely with the Hawkins Group to make sure that all of -these projects fit together and compliment each other and we ask the Council to approve this Comp Plan amendment for just this nine acres to high density residential. Thank you. De Weerd: Thank you, Becky. Council, any questions for the applicant? Bird: - I have none. De Weerd: Okay. This is a public hearing. Is there any members of the public who would like to testify on this application? Yes, sir. Overy: Hi. Jason Overy, 5537 North Brigadoon Avenue in Meridian. I represent Hawkins Company and I, too, am personally an owner in the Hawkins project, located at Meridian and Amity Road. As Becky had stated, we have worked closely with Mr. Johnson and with Becky to come together with a plan that makes sense. We feel that their proposed change for the Comprehensive Plan to increase the density for that section that is in between the pipeline and our proposed higher density residential component only makes good sense and is good planning for that greater area. So, we are in support of this requested Comprehensive Plan amendment. De Weerd: Thank you. Okay. Any further testimony? Seeing none, Council? Becky, do you have any further comments? Thank you. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just to start the discussion going, I don't have any problem with going to a higher density and particularly since we have had the two subjects tonight, the previous CPA we took away some residential area and not that the number is exactly right, but if we started out with an acre in this project of medium density and an acre in the other project of medium density and now we took the other acre away, it makes sense that doubling the density in this one is a good trade. We are going to have that population growth somewhere and I think it's fair to accommodate it, considering these two Meridian City Council September 23, 2008 Page 39 of 73 Comprehensive Plan amendments as a pair. So, I don't have a problem with a higher density. I do still want to have a discussion about the park part of it. Typically, even a neighborhood park is seven acres minimum and I understand we are talking about some paring with another property next door, Mr. Centers' property, I guess. Assuming that he would make up the difference, but even that is pretty small for an area this size, so I would like to see a discussion of at least a little bit larger park, if not regional. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Along those lines and it would be a question for Becky to respond to, is that she made the chess pieces way too fast on the park, because I'm not sure what they are proposing or not proposing. So, if you could explain what you actually have in mind with what you have on your concept plan for that piece of property. McKay: Madam Mayor, Councilman Rountree, initially it was the desire of the parks department to have a neighborhood park. Okay. But that -- Rountree: What are you going to do? What are you thinking about doing? McKay: I met with Mr. Siddoway and he said that, obviously, those asterisks just state that they need a park in this section. That he was open to some other ideas. Mr. Centers called Mr. Siddoway to discuss his 40 acre parcel that's north of us to see if the city parks department would be interested in that parcel. If they were to go say, you know, community regional size. They had some dialogue. Mr. Siddoway talked about limited budget, that they only have 800,000 dollars, I guess, allocated for this. Mr. Johnson also approached the parks department about the property over on Linder and Victory, to see if they would be interested in that one. Steve said he rejected that one due to a canal and topography. So, I mean we are still open to discussions with the parks department. I guess the problem, as Steve indicated, he was looking for donation and where we have 52 acres, obviously, the threshold of our donation couldn't be, you know, 25, 30, 40 percent of the property. But Mr. Johnson was still willing. That's three and a half acres that you see there north of the collector and, then, there is two and a half acres in the northwest pipeline corridor -and it's 75 feet wide. And Mr. Centers at the time was agreeable to donating some land also, but not to the scope that Mr. Siddoway has been talking about. Did I answer your question? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Becky, this is not an insult, but you should have been a lawyer. My question is -- and I think you answered it. McKay: Okay. Meridian City Council September 23, 2008 Page 40 of 73 Rountree: You don't propose to do anything, other than leave it as medium density residential at this point in time? McKay: Correct. For the remaining acreage? Yes, sir. Rountree: Okay. Thank you. McKay: Yes, sir. Okay. Always taking the long road. Sorry. Rountree: Yeah. De Weerd: Okay. Council, any other questions, further information needed? Okay. Do I have a motion to close the public hearing? Bird: So moved. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, if there is no additional information desired, do I have a motion? Bird: Madam Mayor? 0 De Weerd: Mr. Bird. Bird: I move we approve CPA 08-009, the. request for a Comprehensive Plan amendment on nine acres from medium density residential to high density residential for B'iskay by Greg Johnson, to include all staff, application, and public testimony. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: This proposed Comp Plan amendment with its concept in the previous one, the success of which, if we approve this, depends entirely on both parties being able to communicate and agree to making their pieces of the property fit and work together, Meridian City Council September 23, 2008 Page 41 of 73 whether it be transportation or green space or pedestrian access or whatever. If, in fact, this high density is the right thing for this location because of the potential retail commercial that might be next to it, then, I sure don't want to see somebody living in that area having to hop in their car to go to the grocery store or, God forbid, Walgreens. De Weerd: That's an inside joke. Rountree: That's an inside joke. So, I guess that's my advice, that it's got to work together'or it's not going to go. Just my comment. De Weerd; Thank you, Mr. Rountree. Any further comment? Okay. We do have a motion to approve. I will ask Madam Clerk to, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Rountree: And I guess for the public, I have nothing against Walgreens. I shop there regularly. De Weerd: I do, too. My husband has to pick up my prescriptions. Okay. Bird: I think they are a great addition. Item 20: Public Hearing: CPA 08-005 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to Commercial for Kennedy Commercial Center / Western Electronics by DBSI Meridian 184 LLC and Herman - Treasure Valley Business Park I LLC — 1250 W. Overland Road: Item 21: Public Hearing: RZ 08-003 Request for Rezone of 27.17 acres from I -L to C -G zone for Kennedy Commercial Center by DBSI Meridian 184 LLC — 1250 W. Overland Road: De Weerd: Item 20 is a public hearing on CPA 08-005. 1 will open this public hearing with staff comments. Watters: Madam Mayor, Members of the Council, the next project before you is the Kennedy Commercial Center. It's located on the north side of Overland Road. De Weerd: Okay. Excuse me, Sonya. I will open Item 21 as well for public hearing RZ 08-003., because I'm sure you will need to kind of cross -- cross on both these items. Watters: Yes. Meridian City Council • September 23, 2008 Page 42 of 73 De Weerd: Okay. Watters: Kennedy Commercial Center is located on the north side of Overland Road, south of Interstate 84, approximately a quarter mile east of Linder Road. This is an aerial view of the property. This property right here was recently platted as Kennedy Commercial Center. This is the existing Western Electronics building here. The application before you is a Comp Plan amendment to change the land use designation on 33.59 acres of land from industrial to commercial. All of this site is included in the Comp Plan amendment application here. A concurrent application is a rezone request for 27.17 acres of land to be rezoned from I -L, light industrial, to C -G,- general retail and service commercial. Only the portion previously platted as Kennedy Commercial Center is proposed to be rezoned. So, this excludes the Western Electronics property. A conceptual site plan was submitted with the rezone request that shows how the property proposed to be rezoned may develop in the future. The concept plan depicts 11 buildings proposed to consist of 5,500 square feet of restaurant, a 7,500 square foot bank, 14,000 square feet of retail uses, 208,475 square feet of office uses and a 35,000 square foot adult education facility for the University of Phoenix. Pertinent development agreement provisions that I'd like to mention. The first one is DA provision number two, as modified by the Commission, reads as follows: The detailed site plan and building elevations submitted with any Conditional Use Permit and/or certificate of zoning compliance application for this site, will generally comply with the conceptual site plan and include the materials found in the building elevations submitted to the city as shown in Exhibits A.2 and A.3 of the staff report as amended herein and with the requirements of the subject development agreement. The city acknowledges the ultimate owners and users of each parcel within the property will be determined by market demand and, therefore, the ultimate number and design of the buildings within the property may vary from those contained in Exhibit A.2 and A.3. Construct a minimum of eight and a maximum of 20 buildings on this site. The maximum total square footage for all structures located within Kennedy Commercial Center Subdivision shall be limited to 324,570 square feet, which is 120 percent of the square footage listed on the conceptual site plan. No single building shall exceed 80,000 square feet without the developer obtaining a Conditional Use Permit. Further, no building shall exceed three stories in height. DA provision number five states the application shall comply with all applicable previous conditions of approval for this site, including those associated with CUP 01-009, PP 07-013, SP 07-036. The applicant -- staff would like to know that the applicant has requested that that provision include the following wording, to the extent a conditional -- a condition of approval and/or zoning determination for this site conflicts with other conditions of approval and/or zoning determination for this site, the more recent condition of approval and/or zone determination shall control. Staff has no objection to the proposed change by the applicant. Last, DA provision number six states the uses allowed pursuant to this agreement are those uses allowed in the C -G zoning district listed in UDC Table 11-213-2. The applicant has submitted conceptual building elevations of the retail, restaurant, bank, single story, two story, and three story office buildings and the school building. The Commission recommended approval of the subject Comp Plan amendment and rezone application at their August 14th public Meridian City Council September 23, 2008 Page 43 of 73 hearing. Richard Andrus and Russ Merrill spoke in favor. No one spoke in opposition or commented on the application. Richard Andrus submitted written testimony. Key issues of discussion by the Commission were a concern about how 35 buildings as proposed by the applicant would be situated on the property. The applicants request to modify DA provision number two per the letter submitted by Richard Andrus and discussion about limiting the maximum number of buildings on the site to 20, instead of 35, as requested by the applicant. Key changes to the staff recommendation were to modify DA provision number two to allow up to 20 buildings to be constructed on the site, instead of 14, as previously mentioned, and to modify DA provision further to reflect other changes requested by the applicants. And those were all included in DA provision number two that I just read. Outstanding issues for the City Council are that the Council should determine if the Commission's recommended changes to the development agreement, as noted on page 11 of the staff report, are appropriate. Additionally, the Council should determine if a commercial land use designation and C -G zoning district as requested is appropriate for this property. And I already mentioned that the applicant was requesting DA provision number five and include an additional sentence, so Council should include that in their motion if they wish to approve that. Staff will stand for any questions that Council may have at this time. De Weerd: Okay. Council, questions? Rountree: I have none. Bird: 1 have none at this point. De Weerd: Okay. Is the applicant here? Clark: Good evening, Madam Mayor and Members of the Council. My name is Hethe Clark. I'm at 251 East Front Street in Boise. As an aside, my colleague Richard Andrus had planned to be here, but he's presently in the hospital with his wife who is in labor. So, I am pinch hitting for him. De Weerd: What kind of excuse is that? Clark: I know. That's pretty harsh. So, as you know, this is a rezone and Comp Plan amendment request. We believe that -- and we want to thank staff for all the work that they have put in throughout this application process. We have had a great relationship with them and we feel like we have come to a -- we have been able to work out a lot of the minor details that need to be worked out. We have been able to work through some of these details that include the development agreement and some of that language. And I would be happy to answer any questions that you might have about this proposed change that we -- that Sonya discussed with -- with number five, which is on page 11 of your staff report. But, generally speaking, we believe that this Comp Plan amendment comports with the other planning that has gone on in this area. It's consistent with the other commercial uses and it would allow for an important higher educational use to come into the area that we believe would be a boom to the local economy and with that Meridian City Council September 23, 2008 Page 44 of 73 believe we would 'not add too much and not take up too much more of your time, unless you have any additional questions for either me or for Russ Merrill of DBSi, who is here -- DBSI, of course, being the applicant. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Yes. Rountree: With the university being proposed to be on the site -- and this relates to the zoning. I think in the DA on that we need some kind of a stipulation that if there is to be any outside study areas, teaching areas, or whatever, that they be on the south side of the building and if -- and to preclude any outside use on the interstate side, strictly for noise and noise abatement purposes, unless they want to build a, noise abatement wall, as opposed to having the tax payers build one at some future date. So, that would be my concern with an educational facility adjacent to the interstate and I guess I think the building codes would address the sound proofing of the building, because I it's an extremely noisy site. Clark: Madam Mayor and Council Member Rountree, I have Russ Merrill here with me, who may be able to provide some additional detail on that point to you, but I'm not sure if you were trying to solicit any sort of these particular plans with that question. Rountree: I guess my comments are that we need to be aware of that and we need to accommodate that in the development agreement and you need to be aware that that would be a condition. De Weerd: We do have a representative from that university, should you want more detail. Rountree: You bet. Bach: Bill Bach. I live at 3011 North Rin, Meridian. I am the director of the University of Phoenix here in Meridian. With respect to your concern, I appreciate that and thank you for bringing that to our attention. We do not have any plans or anticipate teaching outside on any side of the building at this point. I mean we might have a birthday party at some point, but no plans to teach outside and we will take what you said into consideration. Rountree: Thank you. Bach: Thank you. De Weerd: It would be hard to celebrate a birthday with the traffic noise, unless you wanted to hide the age, you know. Okay. Any other questions? Meridian City Council September 23, 2008 Page 45 of 73 Rountree: I have none. De Weerd: Any other comments from the applicant? Clark: Nothing further from the applicant. Thank you. De Weerd: Thank you. Okay. Council -- I'm sorry. Is there anyone else that would like to provide testimony on this application? Okay. Okay. Council, seeing no further information desired by the Council or comments from the applicant or the public, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on CPA 08-005 and RZ 08-003. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 20 and 21. All those in favor say. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? If not, I would entertain a motion on Item 20. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just make a comment -- and this is something that's discussed at the Planning and Zoning Commission and I think Council has discussed it before. First, let me say I do think this is appropriate and I'm in favor of it, but be aware that we are running out of land that's designated as industrial and I guess somewhere along the line we need to make a decision about whether we want any industrial in our mix. There are reasons that certainly the railroad track sounds like it should have industrial around it, but we keep finding reasons to change that. The interstate probably makes sense to have industrial around it, but we keep finding reasons to change that. And in the mix think we are having a good mix of residential and commercial and, as I say, I believe this project is appropriate, it's just we need to keep in mind as we chew away the industrial, we need to start thinking about whether we really want to defend it at some places or not. Just a comment. Rountree: Madam Mayor? Meridian City Council September 23, 2008 Page 46 of 73. De Weerd: Mr. Rountree. Rountree: I'll address that, because I have some confusion about that myself. And anymore I have a hard time discerning the difference between commercial and industrial, given that we are moving to or have become a service oriented economy. To me, the University of Phoenix, if you will, is -- or education in particular, is as much an industry as one might think of a steel foundry. They aren't in the planning and zoning books together, but they provide jobs, they are sustainable, they are good for the community. De Weerd: They are producing a product. Rountree: They do produce a product. A product that we really and truly need. Now, I won't say a steel foundry is good for the community, but I mean I have a -- I struggle with that, David, and I agree with what you're saying, but I think we need to address that as a community. What -- what brings jobs to our community? What's sustainable for our community? As opposed to what in my mind's eye -- and I think probably in yours as well -- is what industry was, but what has it become. I mean I hear a lot about we need this industrial ground, but I don't see us building too many engine blocks, I don't see us building too many airplanes, I don't see us -- even the electronics fabrication, you don't see a lot of new. But is software an industry? I don't know. I think so. But think it probably could locate in a commercial area in the City of Meridian. Maybe. Anna and I might disagree about that point, but -- I mean I think we need to address that in our -- in our Planning and Zoning guidelines. De Weerd: It certainly is a discussion that we need to have, if you look at some of the projects that are coming in for economic development referral, they are looking for existing shell and core and that's a heck of an investment risk to put a shell and core sitting there empty waiting for someone to, hopefully, land in it, until the city and the state can come up with some kind of incentive to have those facilities available, that's just not going to happen. And I think that your statement that some of the new -- new industries are -- Meridian is not going to attract the heavy manufacturing. It's not something that is conducive to the land that we have and being the center of the Treasure Valley. We do have quite a substantial amount of industrial -- light industrial office type in the Ten Mile area specific plan and we do hope that that -- that plan in and of itself will be something that can attract industry to invest in that area. I, too, kind of hoped around DBSI you would have additional businesses similar to Western Electronics, which is just a great employer and industry that we have in Meridian, but know they have been trying to market it as such and unless you can have a shell and core sitting there empty for a number of years waiting for the right buyer -- kind of like the Jabil building. Until the school district bought it, no one wanted it, and it seemed like after they bought it there were all kinds of buyers who were going to go in there. So, it's really -- it's a crap shoot. But if there are different industries we want to attract, we need to figure out how to bring them in. Any further comments from Council? Okay. We do have a motion, if I remember right. No? Meridian City Council • September 23, 2008 Page 47 of 73 Zaremba: 1 didn't really make one, but I would be happy to. De Weerd: Well -- okay. I just made a motion out of what you said. Zaremba: Madam Mayor, I move that we approve Item 20 and 21, CPA 08-005 and RZ 08-003, to include all staff and public comments, including the requested change to the development agreement provision five. We didn't discuss this, but I want to add one element to it. I am accepting the change that the applicant is requesting, but I would add one additional sentence and that is that Meridian's planning administrator, the P&Z director, will determine if there is a conflict between earlier and later provisions. End of motion. De Weerd: Do I have a second? Rountree: I'll second that. De Weerd: Okay. Do we have discussion? Was the motion clear? Canning: Madam Mayor, Members of the Council, Council Member Zaremba and Council Member Rountree, I suppose. Did -- did all staff and applicant comments include adding a DA provision that says any outdoor area for the proposed education facility shall be on the south side of the building? Zaremba: The applicant said they don't intend to do that, but I think it would probably be wise to -- you know, uses change over the next hundred years and it probably would be wise to include that in the development agreement as well. De Weerd: Second agree? Rountree: I agree. De Weerd: Okay. If there is no further discussion, Madam Clerk. Roll -Call: Bird; yea; Rountree, yea; Zaremba, yea; ,Hoaglun, yea. De Weerd': Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Before I open the public hearing on Item 22, we will take a five minute break. (Recess.) Item 22: Public Hearing: CPA 08-001 Request to amend the Comprehensive Plan Future Land Use Map to change the land use designation of 15.46 Meridian City Council September 23, 2008 Page 48 of 73 acres of land from Medium Density Residential to Mixed Use — Community for Janicek Ten Mile / Chinden Property by Janicek Properties, LLC — Southwest Corner of North Ten Mile Road and West Chinden Boulevard: De Weerd: Okay. I will go ahead and bring this meeting to order again. We are on Item 22, on public hearing CPA 08-001. 1 will open this public hearing with staff comments. Watters: Madam Mayor, Members of the Council, the next project before you is the Janicek application. This is the zoning map here. It's located on the southwest corner of Chinden, State Highway 20-26, and Ten Mile Road. This is an aerial view of .the property. Currently vacant agricultural land_ The application before you is a request for a Comprehensive Plan amendment to change the land use designation on 15.46 acres of land from medium density residential to mixed use community. You can see on the overhead here this is the current Comprehensive Plan designation here and this is the proposed designation and the surrounding designated land. The applicant did submit a concept plan showing how the property may develop in the future with one multi -tenant retail building, consisting of 12,808 square feet and one big box retail building, consisting of 50,180 square feet, fronting on Chinden Boulevard. Four retail office buildings, consisting of 2,853 square foot each fronting on Ten Mile Road. And 39 multi -family residential units at the southwest corner of the site behind the commercial uses. Access for the side is depicted from one full access driveway to Chinden Boulevard and one full access driveway to Ten Mile. No development is proposed at this time. A note here to the Council. The concept plan does not comply with our standards for access to a state highway here on Highway 20-26. The applicant did not submit building elevations for this property at this time. The Commission recommended approval of the subject application at its August 14th public hearing. Becky McKay testified in favor of the application. There was no opposing or commenting testimony on that night. Written testimony was submitted by Christian Buhler. Key issues of discussion by the Commission was the proposed location of commercial uses at the intersection, rather than the half mile, as depicted on the future land use map and the effect on traffic flow. If property is developed as a mixed use development, access to Chinden should be prohibited and connectivity to the Bainbridge development should be provided and the appropriateness of a mixed use designation for this property with the high traffic flow that will result on Ten Mile from construction of the Ten Mile interchange. Changes to the staff recommendation by the Commission. The Commission recommended approval of the subject Comp Plan amendment request to change the future land use map designation to mixed use community and outstanding issues for the Council is the appropriateness of a mixed use community designation for this property. Staff will stand for any questions that Council may have at this time. De Weerd.: Okay. Council, any questions? Bird: I have none, Mayor, at this time. De Weerd: Okay. Is the applicant here? Twice in one night. Meridian City Council September 23, 2008 Page 49 of 73 ' McKay: What's that? De Weerd: Twice in one night. McKay: I'm sorry. I apologize. I do have to say one thing. De Weerd: First say your name and address. McKay: Becky McKay. Engineering Solutions. 1029 North Rosario, Meridian. I'm representing Mr. Janicek on this particular application. I have been sitting there for 16 years and I'm starting to really get stressed about the move to the new City Hall. You know, I have been sitting there so long I thought eventually I'd get my name on the chair, but now I have to start all over. Rountree: After October 15th we will put your name on that one, okay? McKay: Oh. Okay. Thank you. Oh, crud, Madam Mayor, Members of the Council, we submitted this Comp Plan map amendment -- if you could do the vicinity map. There we go. Thank you. On this particular 15.5 acres right here. Just to kind of give you a little bit of history on this particular property, Brad and Louann Janicek own 220 acres here, which included that 15. They sold 205 acres to Brighton, retained the 15 acres. In their contract with Brighton there was a provision in there that said that Brighton would assist them when they were developing or obtaining their approvals for the Bainbridge project. Two, to get that corner parcel designated some type of a commercial designation. Initially Bainbridge came in and it did include this area. The staff indicated at the time that the commercial designation here wasn't in compliance with the Comp Plan, since that was designated medium density residential. And so, therefore, they needed to eliminate that area from their request or come in with a Comp Plan map amendment. So, Mr. Turnbull at the time decided that he would go ahead and cut off here at this collector roadway and, then, leave this area out, including the 15 acres that Mr. Janicek owned. So, the Bainbridge project was approved on the remaining area. The Janiceks have sat and waited patiently. Obviously, this is served by the new Black Cat trunk, waiting for services to come towards them and, obviously, to be contiguous to the city limits, which the city limits are right here at the proposed Irvine Subdivision. We looked at different concepts. We worked with the staff, met with them multiple times and came up with some various -- you can put the site plan up. Some different types of site plans. The staff encouraged us to come in with a mixed plan, if we were going to request mixed use community and so that's what you see here. We kind' of had a retail component here. We have townhomes here with attached garages there on the green. We got plaza's -- a little plaza gathering place, play equipment and so forth and, then, we have an office component. We aligned with the future roadway here to the east on Irvine. This is Ten Mile. This is Highway 20-26. It was my client's desire to show this access point here. It is in alignment with Double Eagle. Obviously, your ordinance does not promote the Comprehensive Plan, it would not be approved without ITD approval or a variance from the Council. The -- one of the Meridian City Council • September 23, 2008 Page 50 of 73 things that the Comp Plan talks about is interconnectivity. We did meet with Brighton. I met with Mr. Wardle and I met with David Turnbull. They reviewed our site plan. They stated that I could go on the record that they were supportive of -our Comp Plan map amendment to mixed use community. They are currently working on some ideas for the property that surrounds us from the west and on the south and he recommended that we have townhomes versus some other type of multi -family component. He thought that would work best and be most compatible with what they are proposing. They don't know -- they know it will be a residential component around us, but they don't know what type. It definitely he said will not be detached single family dwellings. Mr. Turnbull indicated he's not objecting to some vehicular pedestrian connections, but he does not want to make a commitment until they finalize their site plan. So, it is our intention that we will make a vehicular connection and a pedestrian connection. We have got a lot of pedestrian access and pathways around the periphery and so we didn't want to dictate that location to him, we are waiting for them to come up with it. As far as this connection here, this roadway could, obviously, come in and, then, go westward. I don't want the Council to, obviously, get hung up on that approach to Highway 20-26, since that is kind of a hot button. The Commission did approve this four to one. Their comment was we like what's proposed, with the exception of the street connection to Highway 20-26. We have incorporated a lot of pedestrian friendly crossings through here. You can see the pedestrian -- this is like -- it would be kind of like an elevated stamped area to bring people from the west into the commercial uses. One of the things that we looked at is, obviously, they are working on the corridor study for 20-26. Eventually we know that will be five lanes. With the medium density residential designation that's currently on this, we don't feel that that is appropriate when this is going to be five lanes and we know that the Ten Mile interchange is going, to take place. And the trips are going to skyrocket on Ten Mile as soon as the interchange is constructed. And here this property is at the corner. One of the things I wanted to mention was the fact that I worked on the Renaissance Apartments on Highway 20-26 at Boise Research Center. In that instance we placed three story buildings next to 20- 26, in the belief that they would create a sound buffer for Hobble Creek and, then, ITD told me that when they went in to do the improvements to five lanes through there, they had to compensate them for noise damages and that was based on federal matching funds and because they were closer than 200 feet to the edge of the new improved roadway, they had to give them damages. So, I think for medium density residential to be right up here at this intersection would be a definite mistake and that's why we are here asking for mixed use community. We will, obviously, have to come back through with annexation. Everything in the mixed use designation is a conditional use, so that the Council would, obviously, have the opportunity to look at the mix of our uses, the vehicular patterns and the pedestrian interconnectivity. The other thing I'd like to mention is I worked on Madison Park Subdivision at the corner of Eagle Road and McMillan. At the time that I did that project Eagle Road was a two lane rural state highway. We really didn't think that far ahead. And every time I stood at that intersection at the signal I kick myself for backing single family dwellings up to Eagle Road there at the intersection and I guess what I'm asking the Council is I don't want to make the same mistake twice. We have got to look ahead. This is going to be five lanes. This is going to carry, you know, 30, 40, 50 thousand vehicle trips. It's going to Meridian City Council • September 23, 2008 Page 51 of 73 be another Eagle Road and I guess I'd like the Council to ask yourself, you know, would want to live at that intersection. I think the question is -- or the answer is no. The residential component tucked in here adjacent to Brighton, making interconnectivity, but yet having some type of a commercial buffer and, then, an office buffer here we think makes sense. And the Commission thought that it makes sense. This designation doesn't guarantee us anything. All we are doing, you know, is asking for a re- designation. We will be back here so you guys can look at the details. We hope that the Council looks at this as just an example and doesn't get hung up on the specifics of it. In closing, the Comp Plan land use map is a living changing document and that's why the state law allows you guys to come in every six months and reevaluate these uses and we believe this makes sense and we have the support of Brighton. They think that this makes sense. And we ask you to approve this as mixed use community. Do you have any questions? De Weerd': Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you. McKay: Thank you. De Weerd: Okay. Is there any member of the public who would like to provide testimony on this application? Okay. Council, if there is no further comments or questions, I would entertain a motion. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we close the public hearing on CPA 08-001. Hoaglun: Second. De Weerd: I have a motion and a second on Item 22 to close it. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council September 23, 2008 Page 52 of 73 Bird: I guess nobody else wants to talk, I move we approve CPA 08-001 and in all staff, applicant, and public testimony. Rountree:. Second. De Weerd: Okay. I have a motion and a second to approve Item 22. Is there any discussion? Zaremba: Discussion. De Weerd: Yes. Zaremba: Madam Mayor, I would just add the thought that agreeing with the Comprehensive Plan amendment does not mean that we agree with access to Chinden. Just as a warning. De Weerd: I'm sure that warning has been heeded. Rountree: And, again, Madam Mayor, I'll restate that the success or downfall of this is gong to depend on how well it's coordinated with the surrounding property and, again, not looking at the concept plan, but the interconnectivity, the functionality has got to be consistent throughout that whole corner. De Weerd: Thank you. Any further discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 23: Public Hearing: CPA 08-007 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land 'use designation from Medium Density Residential to Mixed Use — Community for approximately 10 acres for Zamzows Chinden by JR, LLC — south side of Chinden Boulevard, approximately % mile east of Meridian Road: De Weerd: Item 23 is a public hearing on CPA 08-007. 1 will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Zamzows Chinden project. It's located on the south side of Chinden Boulevard or State Highway 20-26, approximately a quarter mile east of Meridian Road at 545 East Chinden Boulevard. The application before you tonight is a Comprehensive Plan amendment. The applicant's request the Council amend the Comprehensive Plan future land use map by changing the land use designation on approximately ten acres of land from medium Meridian City Council • September 23, 2008 Page 53 of 73 density residential to mixed use community. Although the applicant has not submitted an annexation or development application, the applicant has submitted a conceptual development plan showing how the site may develop in the future. In addition to retaining the existing business, additional retail businesses and residential uses are shown on the concept plan. Access to and from the site is proposed from one full access driveway on Chinden Boulevard, located approximately in the middle of the property and one shared driveway located at the west property line. This does not - comply with our standards for access to state highways. This is, obviously, the site of the existing Zamzows on Chinden. I guess I should have stated that previously. The Commission recommendation was approval at their August 14th, 2008, hearing. Darin Eisenbarth and Doug Zamzow spoke in favor of the application and no one spoke in opposition, commented, or provided written testimony. The key issues of discussion by the Commission were the access to State Highway 20-26, the past and current Comprehensive Plan future land use map designation for this property and adjacent land uses and feasibility of vehicular interconnectivity. The key Commission changes to staffs initial recommendation -- staff had recommended denial. The Commission is recommending approval. The Commission feels like mixed use community is an appropriate land use designation for this property, given the current and long term use and based on the concept site plan submitted. Outstanding issues for City Council. There are currently two full access driveways to Chinden Boulevard, a state highway, on this property. If the Comp Plan amendment is approved, a variance to allow access points for commercial development will most likely be requested by the applicant in the future when the owner requests annexation. Currently there are no other city approved access point driveways to Chinden Boulevard, except public streets at the mid mile. Staff believes access to Chinden should be prohibited to the site in the future once annexed, as Chinden should be preserved as a transit corridor. The land use and associated access points shown on the applicant's concept plan do not further this goal. The Council should determine if mixed use community is an appropriate land use for the property. The second outstanding issue is the applicant has submitted a letter requesting reimbursement of the fees paid for this application and we have received no additional testimony since the staff report. With that I'll answer any questions Council may have. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's the basis for requesting of the refund of fees? Canning: Madam Mayor, Members of the Council, if you look on the lower left-hand corner, you will notice the neighborhood center designation and this is the Zamzow property. When Hightower -- Hightower? Is that the right name? When the development came in along this corner, the -- we shifted the location of the neighborhood center in order to line up the road with the street across the street. We Meridian City Council • September 23, 2008 Page 54 of 73 made note of that during the public hearing. We actually didn't process a variance request, because ITD said that they were going to acknowledge that new road as the half mile. Not truly at the half mile. We needed to shift it. When we shifted it -- this was during the north Meridian area plan discussion. When that shifted, Mr. Hawkins -Clark and I looked at the area, we tried to evaluate what was the appropriate action to take. We were concerned with continuing the existing commercial use on Chinden because of the access requirements that they would need to Chinden. So, as part of the north Meridian area plan, this neighborhood center shifted and just became the one property in this area and, then, the other properties became medium density residential. So, the applicant is requesting the -- that the fee be returned to them based on having a former Comprehensive Plan designation as a neighborhood center. De Weerd: What was the public process at.that time? Canning: It was a large scale Comprehensive Plan amendment. We did do the required noticing through public notice. It's largely public service announcements, as well as newspaper articles, whatever press we could get and, then, we notified individual property owners I think with 20 acres or more with written notice, but written notice was not required on a large scale Comprehensive Plan amendment. There was more than 200 properties involved, so individual notice is not required. De Weerd: Thank you. Any further questions from Council? Bird: 1 have none. De Weerd: Okay. Would the applicant like to come forward. Good evening. Eisenbarth: How are you. My name is Darin Eisenbarth, I'm the president of Zamzows. My address is 307 Winther Boulevard, Nampa, Idaho.. What we are actually asking is what was stated is actually to return our designation back to us. This property was originally developed 17 years ago as a garden center and we purchased the property about five years ago. The preliminary site plan or -- it was actually drawn up when we -- right after we purchased the property. We met with the planning department, we told them what our ultimate use we thought for the property and what they thought and they said, yeah, that works great, you're in a neighborhood town center, mixed use would fit with our plan and so we actually had this drawn up then. When we were in the process of developing our Overland property and going through that annexation and rezone, we were in and we just looked up and noticed that our designation on the Comp Plan had changed and we asked what happened to our designation and they said, well, it didn't fit. We moved it -- we moved it farther east. It fit with another property owner better. Okay. And I'm not saying -- I guess we should have noticed the notices -- we should have something, but, you know, we own five -- we operate five businesses -- or four businesses and another rental property in Meridian, a simple phone call would have -- hey, do you realize that this is going to affect your property and the future use of your property would have been nice. I understand it's probably not required in the law, but if you can go back to the current Comp Plan, what they are saying is is that if you were Meridian City Council September 23, 2008 Page 55 of 73 split that -- cut the section in half and flip it back over, they are saying that that's an appropriate use for that property on the right half side, but it's not an appropriate use on the left-hand side. So, in making us a medium density residential, we butt up against both sides. We have Holy Apostle Church to the west and, then, we have the -- I believe it's Zion Lutheran Church to the east. So, there is two commercial properties -- or quasi -commercial properties there already and so we feel that mixed use is a great transition in between the two commercial properties on each side and, then, we have true mixed use in the back through some higher density residential property to the back, which will buffer into what will ultimately be residential property behind us. So, we feel it's a good transition and feel what we are trying to do is fulfill the original request of us, which was to be an actual town center, which is a mixed use, and we feel we have done that. As far as accesses to Chinden, we are not requesting any additional -- any additional access to Chinden, just the one that we already have and we have had for 17 years. If that was taken from us, we actually would be landlocked at that time. So, we would be unable to operate our business. So, I realize that it's normally the Planning Department's -- they don't like to see commercial access through residential and so unless they would negotiate an easement for us with another property owner from behind, we literally would be landlocked and sitting out there ourself. So, what we are requesting is not really anything that doesn't already fit the property and hasn't fit it for 17 years, it's actually just to take us back to what we originally were and what we feel is the best use of the property. That's why we are requesting also the reversal of the fees, because we are still a little dumbfounded on why this decision was made. We feel the decision was made because it fit another property owner, so our designation was actually taken from us to facilitate another property owner farther to the east and, then, it leaves us to just, I don't know, figure out -- you know, tear a building down and establish residential property or something. And even at that, residential for that -- straight residential, medium density, would not be a good fit for that property abutting two other commercial properties on each side with the state highway to the north, so -- De Weerd: I think staff said why it was shifted, it was shifted because of the lining up with the access point to the north and it made sense to shift over. It wasn't to accommodate one property owner, it was also to integrate the land use and the transportation to be more cohesive than disconnected. Eisenbarth: I guess I can understand that, but I would ask why, then, was our designation taken away from us. I can understand expanding it and saying this is an appropriate use for this piece of property, but I can't understand taking it away from a business that's been there for 17 years and saying that is no longer an appropriate use for that property that's been there for 17 years. You know, I can understand expanding it, I can't see taking it away in that way, I guess is my problem. And I absolutely believe that everything was done, you know, legally. That's not my contention at all. De Weerd: Council, questions for the applicant? Bird': I have none. Meridian City Council September 23, 2008 -" Page 56 of 73 Rountree: I don't have any. De Weerd: I guess, Anna, we have had a lot of discussion tonight with the other applicants that -- that are looking for Comprehensive Plan change amendments and saying how will this connect to your neighbors, yet I think I heard the applicant say we would have to obtain the easements for them. Did you have these discussions on that particular thing, how they would work with the back -age connectivity? I think the church is their -- to the west -- Canning: Madam Mayor, I'm not sure I understand the question. You mean in 2002 or so when -- De Weerd: No. Even when they were making this application with the suggested land use. Canning: Okay. Go to the site plan. My understanding is I think they share a driveway currently on the west side of the property, I believe, with the church; is that correct, Mr. Eisenbarth? Eisenbarth: I don't believe it's a recorded easement that we have, but we do share access on that side of the property. Our main access to the property is in the -- is in the center. We do have access off of that side, but that is -- that is their property. Canning: And, then, the other access -- the cross -access points would need to be negotiated in the future, I 'believe. I don't believe they currently share cross -access with the property to the east. Eisenbarth: I can tell you that we have had -- that won't happen with that -- Mr. Gupe who owns that property in the back. He's very adamant -- as a matter of fact, he put up a fence to stop us from actually accessing off of that on that side and he's not amenable to that whatsoever. Hoaglun: Madam Mayor? Anna, if we could go to that Comp Plan map that was back a couple -- right here. Darin, what are the -- your facility is right there? Eisenbarth: Yes. Hoaglun: Okay. So, what property do you own, then? Is it that area right through there or -- that would be a better -- Eisenbarth: No. Our property is right there. Hoaglun: Just that property. Eisenbarth: Yeah. There is ten acres there and that was actually -- if you see, there was 40 acres that were split 20 some years ago. Meridian City Council September 23,2008 Page 57 of 73 Hoaglun: And, then, Madam Mayor, follow up probably for staff. Then, I see an asterisk. Is that -- do we have a potential park or somewhere in that vicinity? Canning: Council Member Hoaglun, those --those parks, yes, they float. Hoaglun: Okay. Canning: But it's located -- De Weerd: Floating parks. Canning: There is one generally in each section. Hoaglun: Okay. So -- to follow up, Madam Mayor and Darin, then, your proposal -- when I see that other plan, there is a concept plan, that is just for that -- that property right here. Here we go. Eisenbarth: It is. Hoaglun: Right there. Eisenbarth: You know, we would be very willing to work and we spoke with the property owners that are just to the south of us. That's farmland back there now. And we would be very willing to work with them and to work with the church on cross-access at all. I don't believe going east that there is really any chance for a negotiation on that at all. But we spoke with -- you know, because we would like to get annexed into the city and we spoke with the church, I believe, who has been speaking with the Planning Department about being annexed and with that the people directly behind us. At this time I don't know that they want to go in because of the difference in taxes. They don't have any current plans to develop, they want to keep this farmland. So, right now our only-- our only access to Chinden and that's the only thing that I can -- you know, in the conceivable near future that I could ever plan on. And, then, accessing commercial through residential would -- I don't think would ever be in anybody's best interest. De Weerd: Well, I just will say a little editorial is I frequent your business often and it is extremely dangerous getting out on Chinden. Chinden is so busy anymore, it is hard to make a left-hand turn out of your parking lot. It's -- with the church as well with the soccer field they have around there. That area it is -- it is -- our goal is to consolidate and try and get those access points reduced and consolidated. So, looking for those opportunities and certainly as you heard with almost every other application tonight that was along a state highway, is, you know, the access and I think I remember that on a number of those businesses along Chinden, those are temporary and we do hope that they will go away at some point, because they have -- our biggest -- our biggest responsibility is public safety and continuing some of those access without signalization is an accident waiting to happen and I think our police department could probably speak Meridian City Council September 23,2008 Page 58 of 73 to a lot of that, with the speed that people are traveling and encouraging more trips going out of that access, it's -- I don't know if it's responsible. So, you know, that's my— for what it's worth -- comment as we have made similar ones along the way tonight. Accesses are very-- a top concern along the state highways. Eisenbarth: And we can understand that. Currently we are operating as a growing store and employ 12 people. You know, it hasn't been an issue. As I look at the staffs report, ITD has no -- in their ten year plan I believe they are not showing any development into that — into five lanes and they don't have any money. Their statement is they don't have any money to do it and they don't see it happening in the near future, so -- I understand. It wouldn't be our goal to have an access into our property that was dangerous either. Right now the problem is the way it-- De Weerd: You don't have any other choice. Eisenbarth: We don't have any other choice, you know, but we do understand that. De Weerd: Okay. Thank you. Okay. This is a public hearing. Is there any further public testimony? Seeing none, Council, any further information needed? Okay. I'd entertain a motion to close the public hearing, if you so desire. Bird: Everybody sure they don't need anymore? De Weerd: I can't make the motion. Rountree: Go ahead and make the motion. Bird: Okay. I move we close CPA 08-007. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 23. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, any discussion, further information desired from staff? Zaremba: Madam Mayor, discussion. De Weerd: Yes, Mr. Zaremba. Zaremba: I don't have any problem with it -- De Weerd: If you can speak up a little bit more. Meridian City Council September 23,2008 Page 59 of 73 Zaremba: I'm song. I don't have any problem with it being mixed use community. I can see how that would be appropriate. And I can understand their point about that's, essentially, what they thought they had to begin with and why are they having to apply to get it back, but I would also add that I'm not sold on permanent forever access to Chinden there. Somewhere along there we need to make other arrangements. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have the same feelings that Council Zaremba has regarding -- I have no problem with it going back to -- De Weerd: If you will move closer to -- Bird: -- to medium -- or to mixed use community egress-ingress, which it has nothing to do with our Comprehensive Plan amendment, I guess we take care of that if and when they decide to develop it. That would be my-- I don't think we 'are asked right now to -- to look at what kind of a site they are going to have. They give us a conception. I, too, am like you, I cannot see that-- right now I could not see that being anything but a right- in and right-out, so -- but that's not what we are voting on. De Weerd: Thank you, Mr. Bird. Rountree: Madam Mayor. My comment is everything we have seen tonight is having adjacent property that's either been planned or in the process of being planned. This one has adjacent properties that are already there, with the exception of the undeveloped properties that are around it. We don't know what's going to happen. Access is an issue. I just think it's -- if we change it tonight, we are probably going to change it again in the future. I don't see it working and I would say let -- I mean my position is not to make any changes in the Comprehensive Plan at this point in time. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: My thoughts on this -- down the road I don't see it working as a medium density -- medium density residential. I'm kind of like Councilman Rountree, you know, what will it be in the future. It might be mixed use, but that's going to be incumbent upon the current owner or future owner to be working with some adjacent property owners on how to make it work. It's a unique situation where he's got a business, he needs to operate his business, and -- but down the road when that road changes even more -- that time will come, but what will it be and how will we make it work -- 1 suppose that's --when the details come in and we will see what we have got and what they have Meridian City Council September 23,2008 Page 60 of 73 done with -- with their neighbors to -- to make something work. I'm not opposed to changing it now. However, I think there is some things there that President Rountree had mentioned that we might be changing again. De Weerd: Thank you, Council. Just sensing there is a possibility for a tie, but, you know, I -- I just recall what our last applicant saying about the use along Chinden and residential is not necessarily desired. The business is a desired buffer and transition between a pretty major transportation corridor and housing. So, I think it makes sense. It makes sense today and who knows what will happen when they do bring in a plan, if it makes sense, and as you stated to most of the other applicants tonight, we want to see how it interacts with the surrounding property. So, just so you know the direction I'm going is -- in case I do break a tie. But sometimes I like to feel useful, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would add a comment that the city of Eagle, which is on the other side of Chinden from us at this point, if I'm picturing the right area, does have a residential project there, but they have a berm that is, what, 20 feet high and probably three acres wide and, you know, there is not that much property available on this side to do that kind of a berm. De Weerd: They put in their sound wall. Zaremba: Yeah. Bird: I'll guarantee you it isn't medium density. De Weerd: No. Zaremba: But I don't think there is the opportunity to do that kind of sound protection on this side, so I, for one, don't see residential as the future of this property. De Weerd: Council? Zaremba: In which case let me float a motion. De Weerd: Thank you. Zaremba: See where it goes. I move that we approve CPA 08-007, a change in the land use designation from medium density residential to mixed use community. Along with that approving the reimbursement of the fees paid for the application and adding the caveat that we are not approving access to Chinden. Bird: Second. Meridian City Coundii September 23,2008 Page 61 of 73 De Weerd: Okay. I have a motion and a second to approve Item 23. Any further discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea. De Weerd: Thank you. Three ayes, one nay. Motion passes. MOTION CARRIED: THREE AYES. ONE NAY. Item 24: Public Hearing: CPA 08-006 Request to amend the Comprehensive Plan Future Land Use Map to change the future land use designation on 11 acres of land from Mixed Use—Waste Water Treatment Plan to Office (2+/- acres) and Low Density Residential (9+/- acres)for Kartchner by Richard Kartchner—4325 and 4315 North Ten Mile Road: De Weerd: Okay. Item 24 is a public hearing on CPA 08-006. 1 will open this public hearing with staff comments. Wafters: Madam Mayor, Members of the Council, the next item before you is the Kartchner Application. The property is located on the west side of Ten Mile Road. De Weerd: Is your mike on? Wafters: Yes, it is. De Weerd: Okay. You want to put it closer to you. Wafters: The property consists of two tax parcels located at 4315 and 4325 North Ten Mile Road, on the west side of Ten Mile, approximately a third of a mile south of McMillan Road. This is an aerial view of the property. There are two existing homes, one on each parcel. One's right here, one's right there. Kartchner and the Rassmussen properties. The applicant is requesting a Comprehensive Plan amendment to change the land use designation on 11 acres of land from mixed use wastewater treatment plant to office, approximately two acres, and low density residential, approximately nine acres. This is the current Comprehensive Plan map here. It shows the subject property. Here is the proposed amended Comprehensive Plan map. A conceptual site plan was submitted with the Comp Plan amendment that shows how the property may develop in the future with 17 single family residential building lots back here on the rear of the property, one commercial office building lot, with four office retail buildings, and one common area lot. Staff would like to note that retail uses would not be allowed in areas designated for office uses, although they would be allowed in the current wastewater treatment plant mixed use designation. Access to the site is proposed from a public street via a public access driveway from North Ten Mile Road. No development is proposed at this time. The applicant has submitted building elevations for the proposed residential units. They are here in the comers of this concept plan. No Meridian City Council September 23,2008 Page 62 of 73 building elevations were submitted for the commercial portion. The Commission recommended denial of this application at their August 14 public hearing. Richard Kartchner and Brent Rassmussen spoke in favor of the application. No one opposed or commented on the application. Richard Kartchner did submit written testimony with a petition with ten signatures on it. Key issues of discussion by Commission were if the Comp Plan amendment is approved, a note could be placed on the plat making future property owners aware of possible noise and/or odor issues associated with the site, because of the proximity of the treatment plant. The effect is that prevailing winds and noise and/or odor generated by the treatment plant in this area. The increase of noise and odor with future expansion of the treatment plant and the effect on properties within the treatment plant designated area. And hesitant to recommend approval of a residential development in this area without a development agreement to tie the developer to a specific development plan. The Commission did not make any changes to the staff recommendation of denial for this project. Staff took into consideration largely the odor and noise assessment that was prepared in 2004 for the wastewater treatment plant designated area in staffs recommendation. The subject property is within the area that is affected by the odor generated from the treatment plant. Outstanding issues for the Council. The Council should determine if a map amendment for mixed use wastewater treatment plant to office and low density residential is appropriate for this property. With that, staff will stand for any questions the Council may have. De Weerd: Council, any questions for staff? Bird: Not at this time, Mayor. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Not really a question for staff, but a comment. This looks familiar to me and my recollection is that the applicant has talked to me about this. I would have promised the applicant only that I would be open minded. De Weerd: Okay. Thank you. We hope you're always open minded. Zaremba: I try to be. De Weerd: Is the applicant here? Good evening. Kartchner: Madam Mayor, Councilmen, Richard Kartchner, 4325 North Ten Mile in Meridian. De Weerd: Thank you. Meridian City Council September 23, 2008 Page 62 of 73 building elevations were submitted for the commercial portion. The Commission recommended denial of this application at their August 14 public hearing. Richard Kartchner and Brent Rassmussen spoke in favor of the application. No one opposed or commented on the application. Richard Kartchner did submit written testimony with a petition with ten signatures on it. Key issues of discussion by Commission were if the Comp Plan amendment is approved, a note could be placed on the plat making future property owners aware of possible noise and/or odor issues associated with the site, because of the proximity of the treatment plant. The effect is that prevailing winds and noise and/or odor generated by the treatment plant in this area. The increase of noise and odor with future expansion of the treatment plant and the effect on properties within the treatment plant designated area. And hesitant to recommend approval of a residential development in this area without a development agreement to tie the developer to a specific development plan. The Commission did not make any changes to the staff recommendation of denial for this project. Staff took into consideration largely the odor and noise assessment that was prepared in 2004 for the wastewater treatment plant designated area in staffs recommendation. The subject property is within the area that is affected by the odor generated from the treatment plant. Outstanding issues for the Council. The Council should determine if a map amendment for mixed use wastewater treatment plant to office and low density residential is appropriate for this property. With that, staff will stand for any questions the Council may have. De Weerd: Council, any questions for staff? Bird: Not at this time, Mayor. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Not really a question for staff, but a comment. This looks familiar to me and my recollection is that the applicant has talked to me about this. I would have promised the applicant only that I would be open minded. De Weerd: Okay. Thank you. We hope you're always open minded. Zaremba: I try to be. De Weerd: Is the applicant here? Good evening. Kartchner: Madam Mayor, Councilmen, Richard Kartchner, 4325 North Ten Mile in Meridian. De Weerd: Thank you. Meridian City Council • • September 23, 2008 Page 63 of 73 Kartchner: I don't know exactly what to say, except that I will be very brief. The staff and the Commission denied this, basically, because of their concern of odor and noise on the property being in the wastewater treatment plant designated area and I want to point out that there are basically -- I mean there is no odor or noise problem on this piece of property. I have shown you -- I submitted a letter that states that -- and has been backed up by our neighbors on both sides -- do you have an overview of that again, so I can just identify that? These -- everybody on both sides of us who were petitioned and all signed that petition stating that they have never heard any noise on the property and signed the petition stating as much and only have smelled a little bit of odor every once in awhile. On still calm nights occasionally they will smell a little odor. Probably no more than you smell from your neighbor's dogs once in awhile. Very small amount of odor ever on this property. And so our contention is that that is not an issue and not being an issue shouldn't be an issue with the Council or the Commissioners either in approving a request for a change. The staff report itself indicates that noise -- it wasn't even considered and I agree that the -- that this study that was done was a good study for the purpose that it was done, to give you some general idea of what needed to happen in the area was important, but when you look at the application of that study on this particular piece of property, the property falls outside of any of the concerns of the report and so we don't feel that the study supports the need or the proof that there is any odor or noise problem and intrinsic proof says that there is not any. I have lived there for 20 years and have no problem with it. Have never heard a noise and very -- like I say, very seldom smelled any noise and the concern from the Council and the staff has been that if we expand that treatment plant, then, by doing so it's going to expand the noise and the odor onto this piece of property, but any expansion of the treatment plant is going to have to address current control of odor and noise and current control will, again, leave us in an area without any impact from it. So, we feel comfortable about doing that and feel comfortable also about putting something on our application or our sale of land that indicates where we are, if that's an issue with the Council. De Weerd: Okay. Kartchner: So, I'll stand for any questions that you might have. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Rountree: Madam Mayor, I don't have any for Richard, but I would direct a question to Kyle about the study that was conducted and the conclusions it reached and Richard's conclusions versus any conclusions you might have reached in reviewing the study. Radek: Madam Mayor, Mr. President, Council Members, I have reviewed the report and as the gentleman suggested, it seems to be a very well written report. I think -- think we have a slide of one of the diagrams and it's actually -- you boil it down and the Meridian City Council • • September 23, 2008 Page 64 of 73 report says at the year 2023 -- and this is according to models and we have a little experience with models, such as a model you might expect in a floodplain, so, you know, models, we take them with a grain of salt, but this is a prediction for 2023 and I guess that's one thing we make clear is that it's a prediction for 2023, not -- not a representation of what somebody might smell out there right now. This diagram shows -- to put this in context, this -- this shows peak levels of odor and a typical detectable level as put out by the report is round seven on this -- on this chart and these are peak levels and a more applicable chart, I believe, is one we don't have a picture of, which predicts that in the area of concern approximately -- oh, no, we do have it. There it is. In the area you see the 200 contour going through that area, which indicates that approximately 200 hours out of the year -- and a year is 8,700 odd hours, so 200 hours out of 8,700 you're going to have detectable levels of odor in that area is what that model is predicting. I think that's -- that's, basically, all I have to say about it, unless there are other questions I can try to answer. Hoaglun: Madam Mayor, I do have a question for Kyle. Kyle, then, that 200 line is -- and this 100, does that mean it's going to be between 100 and 200 and that's 200 to 300 --1 mean there is, of course, a variable in there you can't predict, but that's how you read that right there? Radek: That's correct. You'd interpolate between those two contours. Kartchner: Can I interject here? De Weerd: Yes. Kartchner: I want to indicate that there were three different studies done. One that says 2023, which, basically, means this no improvement of sound -- of noise or odor improvements. There will be no improvements made to the existing plant or the expanded plant. And this is the level. Now, if you look at the level two or level one containment, which is -- then, you can see that those numbers change dramatically. This is level one containment, which means all -- I can't remember the word they use -- serious odors, I think. Can you go back to -- show another one up there has another level. Level two containment and now we are between -- what are those numbers? Ten and 20. So, if there is any containment done of the odors with the development, then, these numbers become smaller and smaller and our contention is that certainly you're going to have to do some containment, because if you don't, then, you start affecting all of these homes down here where they already can detect some of that odor and you will have more and more complaints, which you don't want, so that containment is going to have to be done in the future and it leads us further and further out of any of these problems. And if I can mention just one other thing about this report, it does not -- it is only a model, there has never been an odor measurement taken anywhere on this property or even at the plant itself. This is just a model of -- a computer model of what might happen with the kind of equipment that you have got in the plant. It does not take into account any kind of blockage of that odor and noise from the plant, trees, homes, shrubbery, and it does not take into account prevailing winds that go this way. So, the Meridian City Council • • September 23, 2008 Page 65 of 73 study has a place, but it's also got some weaknesses and those weaknesses, in my opinion, put us well out of a problem with the noise or the odor in the area. De Weerd: I don't know. I think i live within three-quarters of a mile of that and every once in awhile I smell it, so -- it -- the odor does travel and our concern is setting ourselves up for those -- those frequent phone calls and -- of concern and certainly when the wind shifts, so that it's flowing out of the west, which doesn't -- well, which -- it does happen often. Kartchner: Sometimes in the evenings it will go this way. Bird: The prevailing wind is from the north, so it would hit you more than -- Rountree: Well, no, we are southwest. Yeah. Hoaglun: Madam Mayor, I just might mention where I live is right here. I am due west of the plant. Now, for the first several years that we lived on this property -- my wife -- my in-law's dairy farm was here. We did not notice the sewer plant with a working dairy farm. I had people say did you smell -- well, we had some people over here complain that they could smell our dairy farm. We suspected it was the dairy and it was confirmed one time after the dairy was sold and moved out and it was bare ground, they said, oh, we smell your dairy and we were, no, it can't be our dairy. Mr. Kartchner is -- you know, the prevailing wind thing does -- it does tend to go this way. There are occasional evenings you might get a whiff of it. The question is, you know, long term when you expand the treatment facility out what happens and I guess you don't do any odor control and whatnot, but, then, in my mind I keep thinking going back to, well, this is -- these are the folks that are down -- down range of that right there. If you get a breeze coming from this direction usually, you know, if it's out of the southeast it's a pretty strong wind. That means we get some changes in weather and it's blown right through there, so -- can you go to that number three, level three you had? 2023. Kartchner: This is -- this means no treatment. Hoaglun: No treatment. Right. Kartchner: No additional treatment of existing odors. Hoaglun: There I am -- Kartchner: By the way, this is just odors, no noise. Hoaglun: You know, I'm like, hum, this is going to be interesting. But at the same time I'm thinking, okay, from -- when that breeze blows -- now, of course, we are having climate change. Now, you never know which way the wind is going to blow now, but don't want to go there. Meridian City Council • • September 23, 2008 Page 66 of 73 Bird: You would admit that? Hoaglun: Things change every day. I'm not saying who caused it. That's right. Kartchner: So, yeah -- and I agree what happens if there is no treatment and these levels exist and -- you are going to get more and more problems down here and out here. There is going to have to be a little bit of treatment. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I guess I don't necessarily want the record to reflect -- or Richard to -- depending on how this goes, but as a potential marketing is the City of Meridian is going to do something in the future. Given the state of the finances and the ability to collect revenue to operate our public works, I'm not sure that we will be doing anything in the future. So, I think that would be a very poor thing to tell any future resident in the area that things are going to get better, because we are going to be making improvements at the plant, because, quite honestly, I'm not sure I want anybody to be told that. I don't know that it's going to happen, given some of the regulatory things that we see coming down the pike, we are going to have a tough, time just meeting bare minimum regulatory requirements. De Weerd: They are all unfunded mandates. Rountree: All unfunded mandates. Kartchner: I just know that there is not a problem. I mean I don't understand why we say there is, because empirically there is not. So, that's our -- our statement. Rountree: I have a question. Kyle, you wanted to make a comment? Excuse me, Madam Mayor. He's over there ready to talk. Radek: Madam Mayor, Mr. President, Council Members, I was waiting for a little opportunity just to -- just to make a point of order that it -- atmospheric conditions, including wind speed and direction and temperature and cloud cover from every hour of 1991 were included in the development of the model. Also, just a point of information for you, project costs for level two construction and design approximately 5,300,000 dollars at the time the study was done. Rountree: Madam Mayor, I had a question for Anna as it related to issues for discussion, the fourth one it seems to me that -- again, the conditions in a development agreement would be something that we would do at annexation, not at this stage, so if that was a concern of P&Z, that certainly could be taken care of, depending on how we move forward with this amendment, but it could be done at the annexation stage. Meridian City Council September 23, 2008 Page 67 of 73 De Weerd: Okay. Any additional questions from Council for staff or the applicant? Richard, any further questions? Kartchner: No. De Weerd: Okay. Thank you. Kartchner: I'll put myself on the altar of our decision. De Weerd: Wow. Rountree: Ooh. De Weerd: Any additional public testimony? Bird: I don't need any. De Weerd: If you will, please, state your name and address for the record. Rassmussen: Brent Rassmussen. 4315 North Ten Mile. De Weerd: Thank you. Rassmussen: I'm the other resident right there. So, I don't want to beat a dead horse here, but the biggest restriction seems to be odor and I have lived there for 17 years and, honestly, I have only noticed it at the most twice a year when I have gone through. I can notice it when it comes around, but it's only been a couple times a year and from what Brad was saying, he -- De Weerd: He thought it was his cows, uh? Rassmussen: Right. It comes a little more often and so I guess what I'm looking at is kind of the precedent that has been set already. There are -- if you follow the contour around, there is already a lot of houses that have already been put in within the range of what we are proposing here and it's only a small group that's there. You don't want to add more to it, but as far as a precedence being set, that's usually grounds for law making is something that's already existed to build on that. I don't think it will be a problem, just because of all of the other houses in the area that -- they are there already, preexisting, and are living with the results. If we don't make anymore changes it won't make it any worse, because it's still within the boundaries of what already exists there. And if you go beyond that and accept that, then, you have the part about what makes sense for the area and we have heard a lot of testimony today about buffer zones and things. So, having a nice office area on the front of the acreage to match what's over here on Bridgetower makes sense in my mind and, then, we have residences right here and have more residences around there makes sense, too, and for all the property owners around there, that's what they would prefer first is the current Meridian City Council • • September 23, 2008 Page 68 of 73 mixed use, proposals that could be as part of the development. And one thing that doesn't show here is Bridgetower and there are a lot of houses all over in this area, too, that exist, again, within the contours of the preexisting on this, so -- De Weerd: You know -- and all I can say is, you know, that's the definition of insanity, keep doing the same thing and expecting different results. So, you know, I guess knowing the prevailing wind and what their average or normal flows are and where -- what that means to that property, you know, that's a point of consideration. But certainly what has been done in the area surrounding that without this map, I think Council's never really seen this map and how those odors flow and, you know, how it influenced decisions that were made ten years ago. Oh, my time is up. But, you know, I think, too, what decisions have been made in the past, that's why we designated a certain area around the treatment plant, because we didn't want to continue to do more of the same, we wanted to make sure that what we did was -- was thoughtful and took all of those different considerations in mind. Rassmussen: Right. I can understand that, but there is also a lot that -- it's just a -- it's a square and it didn't take the study into account at all and there is a lot of dwellings outside that square that still are outside ours. Hoaglun: Madam Mayor, just to comment further, if this were property here -- if we were talking about it down here, you know, I'd probably be looking at it in a little different light, because of the way the wind blows. I mean that would -- that would change the argument significantly in my mind, but because of that location being north -- and that's something to take into consideration. I mean this is very helpful to see where that goes and what the look is and where they are on the -- you know, whether you agree with it or not, at least is gives you some idea of what -- what's out there and potential impacts are going to be, so -- and if I'm on the Council in the future and that's where the sewer plant is, they need to expand and the monies there to expand, I'll vote to expand it there, even if the neighbors oppose it, I mean that's -- that's where it is and I think people have to take more responsibility -- when they go to buy a home, they need to check out what's in the area. They look at schools, you look at sewertreatment plants -- I mean those are the types of things you got to -- you know, even though I know; you guys have borne the battle scars and I haven't yet where folks come in and complain, but once it's there -- but -- it's not going anywhere. De Weerd: Fire station. Rountree: Madam Mayor? De Weerd: Yes. Rountree:. I guess to play off of your comment saying we have never seen this, we commissioned this study for this very reason, to help us with these decisions in this area. And I guess to speak to another point about -- if you don't have. any problems now, this won't be a problem -- we have continual complaints right now from folks that Meridian City Council • • September 23, 2008 Page 69 of 73 live around and downwind of the plant, if I'm not mistaken, and on a first name basis with a number of people, as a matter of fact, at the plant. So, just so the record's clear, we do have an issue. Because of those issues that's why we commissioned this. I think it's correct given this contour this -- this is the level of information and the type of treatment level we should be considering for future decisions, not the stage one and stage two clean up and/or noise abatement levels, but what's there now and what could be there given the state of the art that we have at the plant now. So, this I believe is the worst case model and that's what we, I believe, need to take into consideration. De Weerd: So, when they call we say you only get 200 hours of it? Rountree: Yeah. Just, you know -- Hoaglun: Holidays and weekends. Rountree: Holidays and weekends. Hopefully, you're at work those 200 hours. De Weerd: No. That's when they are home flushing their toilet. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would just chime in on some of the observations that -- the reason that the mixed use wastewater treatment overlay was done -- south of Ustick those houses were there before the overlay was done and it was done because they were complaining. However, at the time the overlay was a big square, because this study had not been done yet and, you know, the study shows that maybe the square wasn't the right shape necessarily. There might be some spaces out on the margin that aren't as heavily impacted as some of the people that were already there. Not to go a totally different direction, but my comment earlier about industrial space, to me this is prime area for industrial and if we are going to have any anywhere, if you consider what Ten Mile is going to do when the interchange is in and what Ustick is going to do when Highway 16 is extended and has an interchange at Ustick, one of the things industrial needs is access to transportation and there they have it. So, you know, if there is any use for this area, I sure would like to see us re -designate it industrial. But that being said, I can see that this little sliver doesn't need to be included in that. So, I could go either way. That's not very helpful, but -- De Weerd: But thank you. Okay. Council, anything further? Any additional closing remarks, Mr. Kartchner? Okay. Thank you. Okay. Bird: Madam Mayor, I move we close CPA 08-006. Rountree: Second. Meridian City Council • • September 23, 2008 Page 70 of 73 De Weerd: I have a motion and a second to close Item 24. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, what's your pleasure? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CPA 08-006, request for the Comprehensive Plan future land use map to change the future land use map designation 11 acres of land from mixed use wastewater treatment plant to office, two plus or minus, and low density residential, nine plus or minus acres, for Kartchner by Richard Kartchner at 4325 and 4315 North Ten Mile Road, to include staff, applicant, and public comment and also on the issues -- we don't have to worry about that development agreement at this time. I don't believe we -- I don't believe it would be an appropriate Comprehensive Plan amendment to put -- to make them put something on their plat regarding the odor or something, that's something we could do when preliminary plats are coming through. Not that I don't agree that it needs to be on there. So, with that I move that we approve it as has been - - the applicant has brought forward. Hoaglun: I'll second that. De Weerd: I have a motion and a second to approve Item 24. Any discussion? Hearing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 25: Public: CPA 08-008 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Medium Density Residential to Mixed Use — Community for approximately 5 acres for Postal Annex by Jack Gish — Southwest Corner of Meridian Road and McMillan Road: De Weerd: Okay. We have ordinances on No. 26, 27 and 28. Oh, I'm. On Item 25, the applicant requests withdrawal of the application. Zaremba: Madam Mayor? De Weerd: Yes. Meridian City Council • • September 23, 2008 Page 71 of 73 Zaremba: I move we accept the applicant's withdrawal of CPA 08-008. Bird: Second. De Weerd: Okay. I have a motion and a second to accept the withdrawal of this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 26: Ordinance No. : Dogs Off Leash Ordinance: Item 27: Ordinance No.: AZ 08-006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Property by Denise Alter — 2741 East Leslie -Drive: Item 28: Ordinance No.: AZ 07-019 Request for Annexation and Zoning of 15.49 acres from RUT to L -O zone for Stake House by the Church of Jesus Christ of Latter Day Saints — 5555 North Locust Grove Road: De Weerd: Okay. Ordinance No. 08-1381, 08-1382, and 08-1383. Madam Clerk, will you, please, read these ordinances by title only. Bird: Madam Mayor, may I insert something before she starts reading. On proposed ordinance 08-1382, councilmen listed is Borton, Rountree, Bird, and Hoaglun. It should be Zaremba, instead of Borton. On 08-1383, Borton is listed in place of Hoaglun. It should be Hoaglun in place of Borton. De Weerd: Thank you, Mr. Bird. Baird: Madam Mayor, the city -- De Weerd: I'm so impressed that you're reading these. Baird: The city attorney's office will make sure we update our forms. Bird: I just accidentally found it. De Weerd: Well, we don't want to read it all the way to the last page unless the public so desires, but, Madam Clerk, will you, please, read it by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1381, an ordinance of the City of Meridian amending Title 6, Chapter 2, Section 1, relating to animals running at large and providing an effective date. Meridian City Council • September 23, 2008 Page 72 of 73 Holman: City of Meridian Ordinance No. 08-1382, an ordinance AZ 08-006, Alter Project for annexation of a parcel of land being all of Lot 8, Block 2, of Carol Subdivision No. 2, as filed in Book 39 of Plats at page 3248, records of Ada County, Idaho, and portions of public rights of way located in the northeast one quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1, Ada County, to R-2, low density residential district, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 08-1383, an ordinance AZ 07-019, Stake House Project for annexation of a parcel of land being a portion of the parcel as described in warranty deed instrument number 7734535, Ada County records, said parcel being situated in the northeast one quarter of the southeast one quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to L -O, limited office district, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard these three ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Seeing none -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinances 08-1381, 08-1382 and 08-1383, with suspension of rules. Rountree: Second. Hoaglun: Second. De Weerd: I have a motion and a second to approve these three ordinances. If there is no discussion, Madam Clerk, would you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council September 23, 2008 Page 73 of 73 De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: We are at the end of our agenda and look at the time. Isn't that exciting. I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MA OR TAM De WEERD -� C) / 1/--0--01 DATE APPROVED ATTEST: E l�. HOLMAN, OF Mot Q /,�Cb ��rrrr►►rn ttitttt�```� 9 September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 ITEM NO. 5-A APPLICANT REQUEST Approve Minutes of July 7, 2008 City Council Special Joint Meeting 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: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 ITEM NO. 5_B APPLICANT Approve Minutes of August 12, 2008 City Council Regular Meeting REQUEST 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: 0 0 September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 ITEM NO. 5`C APPLICANT REQUEST Approve Minutes of August 19, 2008 City Council Regular Meeting 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: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. • September 19, 2008. MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Minutes, 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. • September 23, 2008 ITEM NO. 5"D eo ini Id ?A_ gn08 Citv Council Special Meeting 0 September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 ITEM NO. 5-E APPLICANT Approve Minutes of August 26, 2008 City Council Regular Meeting REQUEST AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY VC 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: rnone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • September 19, 2008 MERIDIAN CITY COUNCIL MEETING • September 23, 2008 VAR 08-007 APPLICANT Jacksons Food Stores, Inc. ITEM NO. 5_F REQUEST Findings for Approval — Request for a Variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing.2 state highway to allow a right in only access to the site from SH 55/Eagle Rd for Jackson's Food Stores 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 Minutes See attached Findings OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • CE IDIAN�- In the Matter of the Request to Vacate Plat Note #6 on the Porky Park Subdivision No. 1 Final Plat, which Prohibits Direct Lot Access to the Site from SH 55/N. Eagle Road; and Request for a Variance to UDC 11-3H-4B.2.a, which Prohibits New Approaches Directly Accessing a State Highway, to Allow a Right -In Only Access to the Site from SH 55/N. Eagle Road for Jacksons Food Stores, by Jacksons Food Stores, Inc. Case No(s). VAC -08-003 & VAR -08-007 For the City Council Hearing Date of: September 2, 2008 (Findings on the September 23, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) 4. Required Findings per the Unified Development Cade (see attached Staff Report for the hearing date of September 2, 2008, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -08-003 & VAR -08-007 -1- • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Site Plan in the attached Staff Report for the hearing date of September 2, 2008, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's request for a Variance as evidenced by having submitted the Site Plan attached in Exhibit A.2 of the staff report, dated September 2, 2008, is hereby approved; and, 2. The applicant's request to Vacate plat note #6 on the final plat for Porky Park Subdivision is hereby approved as follows: "D t lot aeeesstte -E�,—R& Direct lot access to Pine Street is prohibited unless specifically approved by ACRD." (The second sentence pertaining to access to Pine should remain) D. Attached: Staff Report for the hearing date of September 2, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -08-003 & VAR -08-007 -2- • • rd By action of the City Council at its regular meeting held on the Z day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) pmmy,,d Weerd M Attest: EAL aycee o man, I y Clerk =.'%90 9 �bUNTY � Copy p served upon Applicant, The�P'laa\rtment, Public Works Department and City Attorney. By:� Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC -08-003 & VAR -08-007 -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 STAFF REPORT Hearing Date: September 2, 2008 TO: Mayor &City Council C4 E IDIAN*%w FROM: Sonya Watters, Associate City Planner IDAHO (208) 884-5533 SUBJECT: Jacksons Food Stores VAC -08-003 Request to vacate plat note #6 on the Porky Park Subdivision No. 1 final plat, which prohibits direct lot access to the site from SH 55/N. Eagle Road, by Jacksons Food Stores, Inc. VAR -08-007 Request for a variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway, to allow a right -in only access to the site from SH 55/N. Eagle Road for Jacksons Food Stores, by Jacksons Food Store, Inc. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Jacksons Food Stores, Inc., is requesting approval to vacate note #6 from the face of the Porky Park Subdivision No. 1 final plat. Plat note #6 prohibits direct lot access to N. Eagle Road (SH 55). A variance is also being requested from UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway at locations other than 1/2 mile between arterial (section line) roads. The applicant has submitted the subject applications, requesting Council approval of a right -in only access to the site from SH 55/N. Eagle Road for the existing Jacksons Food Store. The site is located at 3291 E. Pine Street, on the southeast corner of N. Eagle Road and E. Pine Street.. 2. SUMMARY RECOMMENDATION Staff finds that the request meets the findings criteria required in the UDC in order for the City Council to grant a variance (see Exhibit C for the required variance findings). Because staff is recommending approval of the requested access variance (VAR -08-007), staff is also recommending partial approval of the requested plat note vacation (VAC-08-003)(Staff is recommending that the plat note be modified, not totally vacated). Staff is recommending approval of the requested Variance (VAR -08-007) and partial approval of the requested Vacation (VAC -08-003) for the reasons stated herein. The Meridia City Coun ind these items on Septembcr 2 2008_ At the public hearing Council approved the subject VAC and VAR renuest. PAGE 1 Jacksons Food Stores VAC VAR 1 1 1 1 1 '. 1 1. ► I J- _ I 9. 1 11J.' 11.. a 1.11 - IJ- � � 4•- 1- . 1 1 1 1 - PAGE 1 Jacksons Food Stores VAC VAR CITY OF MERIDIAN PLANNINGDEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers VAR -08- 007 and VAC -08-003, as presented in the staff report for the hearing date of September 2, 2008. Denial After considering all staff, applicant and public testimony, I move to deny File Numbers VAR -08-007 and VAC -08-003, as presented during the hearing on September 2, 2008, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers VAR - 08 -007 and VAC -08-003 to the hearing date of (date certain) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3291 E. Pine Street (Lot 1, Block 1, Porky Park Subdivision No. 1) SW '/ of Section 9, Township 3 North, Range 1 East. b. Owner: Jacksons Food Stores, Inc. P.O. Box 610 Meridian, ID 83642 c. Applicant: Same as owner d. Representative: Jack Davis, Jacksons Food Stores, Inc. e. Present Zoning: C -G f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting approval to vacate plat note #6 on the final plat for Porky Park Subdivision No. 1, which prohibits direct lot access to SH 55/N. Eagle Road. A Variance is also requested from UDC 11 -3H -4B2, which prohibits new approaches directly accessing a state highway, to allow a right -in only access to the site from SH - 55/N. Eagle Road. h. Applicant's Statement/Justification: "Jacksons food Stores has applied for a variance from the City of Meridian to permit Jacksons to construct a 20 -foot wide right -in only access with a PAGE 2 Jacksons Food Stores VAC VAR • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 deceleration lane from Eagle Road just south of Pine Street onto the property owned by Jacksons located at the southeast corner of Pine Street and Eagle Road. Jacksons has also applied to vacate note #6 on the final plat for Porky Park Subdivision No. 1." See Applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will in fact constitute a Variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a Vacation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: August 18, and 25, 2008 d. Radius notices mailed to properties within 300 feet on: August 8, 2008 e. Applicant posted notice on site by: August 26, 2008 6. LAND USE a. Existing Land Use(s): Jacksons Food Stores gas station & convenience store (commercial) b. Description of Character of Surrounding Area: The surrounding area consists of commercial and industrial uses along with undeveloped commercial and industrial property. c. Adjacent Land Use and Zoning: 1. North: Metro Express Carwash, zoned C -G. 2. West: Vacant undeveloped property (future Pinebridge), zoned I -L. 3. South: Industrial businesses, zoned I -L. 4. East: Country Inn & Suites hotel, zoned C -G. d. History of Previous Actions: ➢ This property was rezoned (RZ-05-004) from I -L to C -G and a Conditional Use Permit (CUP -05-012) was approved for a convenience store and gas station on 5-24-05 ➢ A Preliminary Plat (PP -05-026) was approved by City Council for Porky Park Subdivision on 8-16-05. ➢ A final plat (FP -05-066) that contains the subject lot was recorded in 2006 for Porky Park Subdivision No. 1. ➢ A Certificate of Zoning Compliance (CZC-05-100) was approved on 8-1-05 for Jacksons Food Stores on this site. ➢ A Variance (VAR -07-002) application was previously denied on 3/20/07 for a right -turn only access to N. Eagle Road for Jackson's Food Stores. A request to vacate (VAC -07-001) note #6 on the final plat for Porky Park Subdivision No. 1, which prohibits direct lot access to N. Eagle Road (SH 55), was also denied on 3/20/07. This VAR & VAC was basically the same request as the subject application except the design of the right -in driveway to the site has changed. 7. UNIFIED DEVELOPMENT CODE PAGE 3 Jacksons Food Stores VAC VAR • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 The following UDC section is pertinent to this application: • UDC 11 -3H -4B: Access to State Highway 69, State Highway 55, and State Highway 20-26: 1. Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: a. The existing use is lawful and properly permitted effective September 15, 2005. The CZC for Jacksons Food Stores was approved prior to 9-15-05; however, the site was not approved with an access point to SH55. b. The nature of the use does not change (for example a residential use to a commercial use). The use of the site has changed from undeveloped industrial property to commercial property. c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). The intensity of the use on the site has increased significantly from undeveloped industrial property to commercial property with a gas station & convenience store. 2. If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. a. No new approaches directly accessing a state highway shall be allowed. The CUP, PP, FP, & CZC approved for Jacksons Food Stores on this site in 2005, ALL prohibited access to SH 55; sole access to the site was approved from Pine Street. Plat note #6 on the final plat for Porky Park Subdivision No. I specifically states that direct lot access to Eagle Road is prohibited. b. Public street connections to the state highway shall only be allowed at: i. The section line road; and Public street section line connections to SH 55 exist at E. Fairview Avenue and E. Franklin Road. ii. The half -mile mark between section line roads. These half -mile connecting streets shall be collector roads. East Pine Street, a collector roadway, exists along the north boundary of the site at the half -mile mark between section line roads. 8. ANALYSIS a. Analysis Leading to Staff Recommendation Staff has provided analysis below regarding the proposed applications. 1. VARIANCE APPLICATION: The applicant is requesting a variance from 11 -31-1-413.2a, which prohibits new approaches to a state highway when a change or increase in the intensity of the use is proposed, to allow for the construction of a right -in only access to the site from SH 55/N. Eagle Road for Jacksons Food Store to be located approximately 315 feet south of the Pine Street/SH 55 intersection. Background. Before this site was redeveloped with a convenience store and gas station, the applicant states that an access point to Eagle Road existed when the Dobaran family owned the property and used it for agricultural purposes. Upon redevelopment of the site to a more intense use, the UDC (and ITD policies) requires existing accesses to state highways to be abandoned and removed. In 2007, the applicant requested approval of a variance for a right - in access to the site from Eagle Road (see site plan in Exhibit A.3). Staff raised the following PAGE 4 Jacksons Food Stores VAC VAR • 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 concerns with the proposed access: 1) Impact of the proposed access on ITD's proposed design for Eagle Road in the future; 2) With Eagle Road being a 50 mph road, people would have to slow way down to get into Jacksons, which would create a safety hazard; and 3) Granting access would be detrimental to the public health, safety, and/or welfare. Items of discussion at the City Council hearing pertaining to the request for a right -in access to the site were as follows: 1) Access to SH 55 had already been discussed at the hearing for the plat and access had been denied in accordance with ITD policies; 2) Council was concerned that the proposed access would cause trucks and cars to stack into Eagle Road and cause congestion and accidents; 3) Council expressed concern with trucks using the proposed access; 4) Council stated that even though Jacksons may have had an access right via the deed, Jacksons waived that right when it accepted the conditions of the annexation and zoning and plat; and 5) Council expressed concern that the point of access should be located further to the south. Based on these issues, Council denied the variance request. The findings state that it was denied because the variance request does not meet the burden as set forth in Idaho Code §67-6516 and all the findings listed in Section 11 -5B -4.E. of the UDC. Prior to the applicant's request for a VAR & VAC in 2007, Jacksons had filed a request for an appeal of ITD's decision of denial of access to SH 55 with the District Court. A decision had not yet been made by the court prior to submittal of the VAR & VAC applications to the City. Because the requested access to SH 55 violates UDC standards, the VAR was denied. Since the denial by the City and ITD in 2007, the applicant received a Second Judgment and Decree of Condemnation from the District Court granting access to the property from SH 55. The applicant has re -designed the right -in access to the site as shown in Exhibit A.2 and ITD now supports the access as proposed, contingent upon the City's approval of the proposed access and approval of the final construction plans by ITD. Once those items have been completed, ITD will issue a permit for the approach construction. (See email from ITD in Exhibit B.2). Traffic engineer, Pat Dobie, P.E., Dobie Engineering, Inc., submitted a letter (see Exhibit C) dated March 17, 2008 to ITD stating, "The proposed site access includes a 120 foot taper (10:1) plus a 70 foot turn bay in front of the entrance to a 160 foot slip lane. The design conforms to AASHTO standards for a 50 -mph design speed. " Calculations were attached to the letter checking the geometry and safety aspects of the proposed driveway. These calculations support that the design of the access meets the requirements for braking distance, stopping site distance, and access curve radius. (See application for more detail.) With the subject variance request, the applicant has attempted to address Staff's, Council's, and ITD's concerns from 2007. The construction of the right turn lane onto Pine from Eagle as proposed is consistent with ITD's long-term design for Eagle Road. The revised site plan included in Exhibit A.2 shows the right -in access drive from SH 55 in approximately the same location on Eagle Road, however, the location where the driveway enters the Jacksons site is much further to the north creating a longer deceleration lane and stacking area so that traffic flow on Eagle Road should not be as affected as the previous design. The proposed point of access to the Jacksons property now allows vehicles to enter the site at an existing drive aisle as opposed to a parking area. The applicant proposes to mitigate the traffic impact on SH 55 by constructing a right turn lane onto Pine and providing greater deceleration for both that right turn and the right -in only access. The applicant states in their narrative that they are amenable to a condition of approval limiting truck traffic through the proposed access point. Staff believes that the new design of the right -in access and right turn lane onto Pine alleviates the previous concerns of Staff and City Council. To grant a variance, the Council needs to make the following findings: PAGE 5 Jacksons Food Stores VAC VAR CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; 3. The variance shall not be detrimental to the public health, safety, and welfare. Staff believes that granting a variance would not allow a right or special privilege that is not otherwise allowed for properties that are adjacent to a state highway because the Council has granted several variances to other properties in similar situations along Eagle Road in this area. Staff believes that granting the subject variance would relieve an undue hardship to Jacksons due to characteristics of the site because of its location on a state highway, limited frontage, and not having the ability to gain access to the south. There is not any ability to have access to this site from the south due to that property being developed. There is access to Pine, but by not having an access to the state highway, anyone wishing to get to this location has to go through the Pine/Eagle intersection to do so. This intersection is a heavily trafficked one. Therefore, access to the state highway could relieve some of this congestion, if designed appropriately. Staff finds that granting the subject variance would not be detrimental to the public health, safety, or welfare because of the construction of a right turn lane onto Pine from Eagle in addition to the right -in only access into the site. Staff believes these additions will permit a higher volume of traffic to pass through the intersection while reducing the turning conflicts into the Jacksons property from northbound traffic which will now exit before the intersection and not stack into Pine Street impeding traffic traveling east on Pine. Further, Staff believes the access design as proposed, in conjunction with the proposed right turn onto Pine from Eagle, the dedicated deceleration lane, and segregated entrance will improve public safety on Eagle Road. Note: The applicant will be required to constructed the right -turn lane onto Pine within I year of the issuance date of the permit by ITD. Note: The applicant refers to the right turn lane onto Pine in their narrative as being a `free" right turn lane; it is not. It's simply a right turn lane. Per the analysis and findings above, Staff is recommending approval of the subject Variance application (see Exhibit C for required variance findings). 2. VACATION APPLICATION: The applicant is requesting that note #6 on the face of the Porky Park Subdivision No. 1 final plat be vacated because of the concurrent request for right -in only access to the site from SH 55/N. Eagle Road. Plat note #6 states, "Direct lot access to Eagle Road is prohibited. Direct lot access to Pine Street is prohibited unless specifically approved by ACHD." Because this note also includes restrictions on access to Pine Street, Staff is not supportive of striking the note entirely. Staff is supportive of striking the portion that prohibits access to Eagle Road only if Council approves the variance request and grants a right in only access to this site. ACHD submitted a letter to the City dated August 6, 2008, stating that the district is not supportive of the applicant's request to vacate the plat note specifically with regard to Pine Avenue (see Exhibit B.1). Note: There are no required UDC findings for a Vacation. Idaho Code requires the City to vacate a plat note in the same manner it was created, by approval of the City Council, at a public hearing. Jacksons Food Stores VAC VAR PAGE 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 b. Staff Recommendation: Based on. the facts and findings provided in this report, Staff recommends approval of the variance request (VAR -08-007). Because Staff is recommending approval of the variance, Staff is also recommending approval of the vacation request (VAC -08-003). TIN Meridian City Council heard these items on September 2. 2008. At the public hearing the Council approved the subject VAC and VAR request. 8. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Site Plan 3. Previously Denied Site Plan B. Agency/Department Comments 1. Ada County Highway District 2. Idaho Transportation Department C. Letter from Traffic Engineer D. Required Findings from the Unified Development Code (Variance) Jacksons Food Stores VAC VAR PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 A. Drawings 1. Vicinity Map Exhibit A - 1 PAGE s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 2. Proposed Site Plan Exhibit A - 2 IA 7B4.'-0,17 Proposed r Right -In Only Arrecc r PINE STREET n Proposed right turn lane I I h41 I Proposed r Right -In Only Arrecc r PINE STREET n CITY OF MERIDIAN PLANK• DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 3. Previously Denied Site Plan FIGURE t JACKSON'S CONVENIENCE STORE SITE DEVELOPMENT PLAN I Exhibit B {game SWay Prewt4 By. l 008,1E ENONx"ERING. 'IM1G :777'timOp{on a t!Nr, A 6170. S�Y1FD0 b CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 B. Agency/Department Comments 1. Ada County Highway District ,ACHD August 6,'2068 TO: Jacksons Food ftres, Inc. P.,Q. Box 610 Wri'djafn, ID 83680-0.610 ,Subject: MVAR-08-007 Jacksons Store #105 vacation of 01. It note 3291 -E. Pine Ave. Carol A_McKee, President Sherry R."Huffer, 1A.Vice President Dave .81vens; 2nd vice President John;S. Franden, Commissioner Rebecca W.Amold, Commissioner RE CI, AUG I a 2008 (;i'j;y Of Ncloriffian GjQ Clerk 0 -1 --'ice 'In response to yourrequest for comment., the Ada County, Highway. District (ACH Planning Review staff has reviewed the 'application for item referenced above. Not6 6 of Porky Park Subdivision #1 currently states "Direct lot access to Eagle Road, is prohibited. Direct lot access to Pine: Street is prohibited. unless spec tally approved roved byAda County Highway. District", The District is not supportive of the applicant's .request to vacate the -Plat note specifically with regard to Pine Avenue. If. you have; any ple7as.p:f0cil free to contat-VMe at Q00). 387-6177. Sinceirdq, thelsee, Kucera Right -of -Way ;and D&eloomeht Services CC: Proj6dfile City of,Merldiah Adatotmty:Ni;hay Wbict --3775 A4aft SVreet Ga,rden_'Ql`; ID -i'63714 - PH 208.387-611)0,v FX 345-7650 - www.achd.ad.aJd.us Exhibit B s • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 2. Idaho Transportation Department -----Original Message ----- From: Kevin Sablan Sent: Tuesday, May 06, 2008 3:21 PM To: 'dei' Cc: Pam Golden; Steven Parry Subject: RE: Jackson's Access Permit Thanks Pat, I think this pretty much covers the questions I had. As soon as we receive the final construction plans for review and approval and the variance approval from Meridian, we can issue the permit. -----Original Message ----- From: dei [mailto:DOBIE DEI@MSN.COM] Sent: Tuesday, May 06, 2008 2:59 PM To: Kevin Sablan Subject: Re: Jackson's Access Permit Kevin, The taper length of the deceleration lane is 120 feet. At 80 feet' the turning vehicles will clear the through traffic lane with a speed differential of 10 mph and an available lane width of 8 feet. The remaining 40 feet are available for deceleration below 40 mph. At the beginning of the 150 -ft. radius reverse curve the vehicle approach speed is 23.7 mph. This is an acceptable entry speed for this radius curve. The available braking distance is adequate to allow the vehicle to completely stop before entering the fuel station. I referenced the 2001 AASHTO standards to avoid the metric conversion. Confirmation will be provided to document Meridian's approval of the access. Pat ----- Original Message ----- From: "Kevin Sablan" <Kevin.Sablan@itd.idaho.gov> To: <dobie dei@msn.com> Cc: "Matt Ward" <Matt.Ward@itd.idaho.gov> Sent: Monday, March 31, 2008 11:2.2 AM Subject: Jackson's Access Permit Pat, Your proposed layout for the right -in appears acceptable. Couple questions, for Braking Distance, where is the 40' measurement coming from? For the Access Curve Radius calculations, its not clear which is the 150' radius. What is the ratio for the compound curve radii at the approach opening? The 23.7 MPH speed, is that at the approach entrance or at the entrance into the parking area? Looks like you were referencing the 2001 AASHTO, 2004 is the latest adopted by ITD. Also, has the city of Meridian approved the right -in access? We will need confirmation that this has been approved by Meridian. Kevin Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 -------------------------------------------------- From: "Kevin Sablan" <Kevin.Sablan@itd.idaho.gov> Sent: Tuesday, May 06, 2008 2:45 PM To: <dobie dei@msn.com> Cc: "Matt Ward".<Matt.Ward@itd.idaho.gov>; "Pam Golden" <Pam.Golden@itd.idaho.gov>; "Steven Parry" <Steven.Parry@itd.idaho.gov> Subject: RE: Jackson's Access Permit > Pat, > The preliminary proposed layout you submitted appears acceptable; I'm > still am waiting to hear back on the questions I asked below. As soon > as you address the questions below and we receive and approve the final > construction plans (including traffic control) and receive a copy of the > approved variance from the city of Meridian for the right -in access ITD > will issue the necessary permit for the approach construction. All > highway improvements shall comply with ITD design standards and > standards for highway construction. The permit will require a > performance bond be provided to ITD prior to start of any work in the > state right of way. > If you have any questions, please don't hesitate to contact me. > Kevin Sablan, P. E. > District Traffic Engineer > Idaho Transportation Department > District Three > P.O. Box 8028 > Boise, ID 83714-8028 > P: 208-334-8340 > F: 208-334-8917 > email: kevin.sablan@itd.idaho.gov > -----Original Message----- • From: Kevin Sablan > Sent: Monday, March 31, 2008 11:22 AM > To: 'dobie dei@msn.com' > Cc: Matt Ward > Subject: Jackson's Access Permit > Pat, > Your proposed layout for the right -in appears acceptable. Couple > questions, for Braking Distance, where is the 40' measurement coming > from? For the Access Curve Radius calculations, its not clear which is > the 150' radius. What is the ratio for the compound curve radii at the > approach opening? The 23.7 MPH speed, is that at the approach entrance Exhibit B 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 > or at the entrance into the parking area? Looks like you were > referencing the 2001 AASHTO, 2004 is the latest adopted by ITD. > Also, has the city of Meridian approved the right -in access? We will > need confirmation that this has been approved by Meridian. > Kevin Exhibit B •CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 C. Letter from Traffic Engineer 400,BIE ENGINIE81RING, IN'Q.. 7,77 Hearthstone Qrjv6 E3eiee, 1121,83702 20I 8- 3-I45-320 phone 208-38&03-9 2-,M380360.fax :, dobie.deQmsn ,corn March 17, 4C8 'Ke'vin Satlain�, FE, District .3 Traiffic ldahqTran$ Transportation Department P.O. Box 8028 Boise, ID 8V07-2028 R8,-. Jac ,ksoh's-Acci ss Permit 00pr Kevin:. im -, -As:a fojlowup td QI;.,r moefihg. of March 14, 2,009., l,pr&pared the following submittal for your review. Attached you XV1,11 6nd:arplah-for the proposed access' 'fogqthpr,wJth a he s0t- of.' Itula ions checking t i. geometry anal 8iifi��-aspemts of t the propoped. drivewa y. T . h turnAario was loCated as shown to avoid physical corAds. that now exist along. SH 55,and to:,keep, it Within, the existing highway right-of-way.. An 100116 PbWef transmission tower ;is located on the plans near the southwest comer of the Jackson's site, and an:overheadsign bridge. crosses the highway o`p.prQi im *aiijy 125 feet south of the power pole. Relocating the drivewayto the. h wouldrecluffe the, po_qu s ion i it of new r ght-,qf-Way froth a, third party and would., cause a conflict 1 flidt, with thesestrUctures. The, sign lzridge, would" have to be moved, and the po-werpole would rernath at the :gore point of the slip lane. This design would create:an :unsafe �pfe conditio-n-, Moving either structure would also b -very, expens'ive. The proposed sire access Jncludes4 1-204t. taper '(1'-,G.--1)plus a 70 -ft. turn bay in Iconforms'tQAAS.HTQ Asliplane, The. design fron ,a e enftance to a 60 standards -for. -a design speed. Please call: me'if you have, any questions .or need additional noftn"bri.f _ Patidk*Q ieR.E. Dobi.e Engineering, in q.. ..:-. -1 - cc: JohnJackson. Geoff Wardle -V Exhibit C • CITY OF MERIDIAN PLANN G DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 0SZ 19c) mipg z 3 e), vi�awvet�> So I -z- [.0-757 -7o" AvAic,-A�LNUEF` + -76' AAN4-rQ (to T,1? SPE A-A-stfTo p -- Vti ./ 4-7 kj� Z - t 4 =7 Ticoacv-1 Ct vvE- KAt> 1 u'5 A -"c COWLEF- Est f-4 -94D, S Exhibit C 3 $o' ?-3;-7 M M - ReQo AvA I -L -As 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 2, 2008 D. Required Findings from the Unified Development Code (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The City Council finds that granting a variance would not allow a right or special privilege that is not otherwise allowed for properties that are adjacent to a state highway because the City Council has granted similar privileges to other properties in this area/district. B. The variance relieves an undue hardship because of characteristics of the site; The City Council finds that granting the subject variance would relieve an undue hardship to Jacksons due to characteristics of the site because of its location on a state highway. C. The variance shall not be detrimental to the public health, safety, and welfare. The City Council finds that granting the subject variance would not be detrimental to the public health, safety, or welfare because of the construction of a right turn lane onto Pine from Eagle Road, in addition to the right -in only access proposed to the site. The City Council finds these additions will permit a higher volume of traffic to pass through the intersection while reducing the turning conflicts into the Jacksons property from northbound traffic which will be able to exit before the intersection and not stack into Pine Street impeding traffic traveling east on Pine. Further, the City Council finds the access design as proposed with the right turn, dedicated deceleration lane, and segregated entrance will improve public safety on Eagle Road. For the reasons stated above, City Council is recommending approval of the subject variance request. Exhibit D September 19, 2008 AP 08-004 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Anna Canning Meridian Planning Director ITEM NO. 5-G REQUEST Findings for Denial -- Request for City Council Review for a McDonald's 1--, +o ;n nn nnnrnvi=C1 (-N gone --3415 West Cherry Lane 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: COMMENTS See attached Minutes MI6 V71Mi�� Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 19, 2008 MERIDIAN CITY COUNCIL MEETING • AZ 07-019 September 23, 2008 5 H APPLICANT Church of Jesus Christ Latter Day Saints ITEM NO. - REQUEST Development Agreement -- Request for Annexation and Zoning of 15.49 acres from RUT to L -O zones for Stake House --5555 North Locust Grove Road 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 Development Agreement OTHER: Date• Phone: Contacted: Emailed: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. • THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS REAL ESTATE SERVICES DMSION PHYSICAL FACILITIES DEPARTMENT 50 E. North Temple St. Rm. 1205 Salt Lake City, Utah 84150-6320 Phone: 1-801-240-3840 Facsimile: 1-801-240-2913 My Direct Line: (801) 240-4309 My Direct E-mail: smithjc(@Idschurch.org September 10, 2008 City of Meridian Attn: Tara Green 33 East Idaho Ave. Meridian, ID 93642 Dear Ms. Green: In Reference To: Meridian ID N STK-LURC-Locust Grove Property No. 522-9�,;y ct; 1 SEP 1 12008 Ci7-y OF MER11 � C17C�eRK OF Enclosed you will find an original of the Development Agreement for the property located at Locust Grove Road, Meridian, Idaho which has been signed by an Authorized Agent of the Church. Should these documents meet with your approval, please have an authorized representative of your City execute the Agreement and return a copy to my attention in the enclosed self-addressed, postage paid envelope. If you need further information, please contact Terry Bradshaw at (208) 461-9648. We appreciate your assistance with this transaction. Sincerely, �M_aio Janis Smith Closing/Lease Coordinator Enclosure(s) cc: Terry Bradshaw, REPM Julie Nelson, RE Specialist ADA COUNTY RECORDERVID NAVARRO AMOUNT .00 28 BOISE IDAHO 09/26/08 01WM DEPUTY Vicki Allen RECORDED -REQUEST Of III IIIIIIIIIiIII IIIIIIIIIII'IIII IIIII Meridian Clry 108108426 DEVELOPMENT AGREEMENT 5a)_ S&69 PARTIES: 1. City of Meridian 2. Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2008, by and between City of Meridian, a municipal corporation of the State f Idaho, hereinafter called CITY, and Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, whose address is 50 E. North Temple Street, Salt Lake City, UT 84150, hereinafter called OWNER. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner makes a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-513-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner has submitted an application for re -zoning of the Property described in Exhibit A, and has requested a designation of L -O, Limited Office District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 1 OF 9 N 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 25'h day of March, 2008, has_ approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Findings; and 1.8 WHEREAS, the Findings require the Owner to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, City requires the Owner to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 2 OF 9 subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, whose address is 50 E. North Temple Street, Salt Lake City, UT 84150, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned L -O, Limited Office District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: No development is being proposed at this time. Owner has requested annexation to comply the Agreement recorded under instrument #106096022 which allowed the Church to connect to City services without being annexed into the City, until contiguous. The City limits now border this property on all four sides. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner shall develop the Property in accordance with the following special conditions: 1. All future development of the subject property and/or expansion of existing structure(s) shall comply with City of Meridian ordinances in effect at the time of development. 2. If/When this site re -develops; access points to/from this site will be evaluated and may be restricted/limited by the City of Meridian and/or ACRD. 3. If/When this site re -develops; full compliance with the landscaping standards of the UDC shall be enforced. DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 3 OF 9 4. Except for additions or buildings associated with the existing church, no building permits shall be issued on this site until a subdivision has been approved by the City Council. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner or Owner's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this Agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner and if the Owner fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said development. 9. DEFAULT: 9.1 In the event Owner, or Owner's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 4 OF 9 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's cost, and submit proof of such recording to Owner, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (3 0) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner agrees to provide, if required -by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner has completed all improvements necessary to obtain a Certificate of Occupancy. The City agrees that all rights that the Owner has under any Certificate of Occupancy obtained prior to the annexation will not be diminished, obstructed, or impeded. The Owner agrees that no further Certificates of DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 5 OF 9 Occupancy in which the improvements have not been installed, completed, and accepted by the City will be issued until all improvements associated with future development are completed. 15. ABIDE BY ALL CITY ORDINANCES: The Owner agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642. with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints 50 E. North Temple Street Salt Lake City, UT 84150 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17; 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 attorney's 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. 18. 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 other party so failing to perform. DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 6 OF 9 i 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to. the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a Court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, conditions and understandings between Owner and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between Owner and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and. City Clerk. DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ATTEST: JAYCEE U. HOLMAN, CITY OWNER: CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS By: CITY OF MERIDIAN By: _;IeO' l MAYOR T MY de WEERD DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 8 OF 9 STATE OF ss County of ,;-e44 , ) On this day undersigned, a Notary Public in of J,15= 2008, before me, the and for said State, personally appeared known or identified to me to be of the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints and the person who signed the above and acknowledged to me that he executed the same on behalf of said church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) FLORA D. WRIGHT NOTARY PUBLIC -STATE OF UTAH e 9Y� � 50 E. NORTH TEMPLE STREET SALT LAID: CITY, UT 84150 My Comm. EXE. 10/10/2009 STATE OF IDAHO ) ss County of Ada ) ll ���'.. cJ is _ Notary Public for s,�i2�o�ci�a�v Residing at:��,�� T My Commission Expires: On this day of m 6eA— , 2008, before me, a Notary Public, personally appeared Tammy de Weera and Jaycee L. Holman., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day a: a.)AV in this certificate first above written. N I 4 (SEAL) a j o Notary Public for Idaho ° Residing at: CA &LkX_U' 10 c o •: ', a Commission expires: 10-1 DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 9 OF 9 MAR 2 0 2008 City Of Meridian City Clerk Office CITY OF MERIDIAN,; OF FACT CONCLUSIONS HLAN.- FINDINGS , C D A H O OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 15.49 acres from RUT (Ada County) to L-0 (Limited Office) for the Stake House Project, by the Church of Jesus Christ of Latter Day Saints Case No(s).. AZ -07-019 For the City Council Hearing Date of: March 4, 2008 (Findings on the March 25, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 4, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 4, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 4, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 4, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be .reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-019 -1- 4. Due consideration has been given to the comment(s) received from the governmental .subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 4, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1: The applicant's request for annexation and zoning, as evidenced by having submitted the legal description and exhibit map stamped and dated December 15, 2007 by Ladd Cluff, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject annexation and zoning and shall include the provisions noted in the attached Staff Report for the hearing date of March 4, 2008, incorporated by reference; and D. Attached: Staff Report for the hearing date of March 4, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-019 -2- By action of the City Council at its regular meeting held on the 4day of , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_aj COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy d eerd Attest: — 46'111� akiim-0— Jaycee Rblman, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B Dated: rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -07-0'19 -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 STAFF REPORT Hearing Date: March 4, 2008 E.. TO: Mayor Mayor & City CouncilIVED FROM: Bill Parsons, Associate City Planner 208-884-5533 MAR 2 0 2008 SUBJECT: Stake House City Of Meridian AZ -07-019 City Clerk Office Annexation and Zoning of 15.49 acres from RUT (Ada County) to L -O (Limited Office), by the Church of Jesus Christ of Latter Day Saints. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, the Church of Jesus Christ of Latter Day Saints, has applied for Annexation and Zoning (AZ) of 15.49 acres from RUT (Ada County) to L=O (Limited Office). The site is home to an existing LDS Church which is not proposing any new development at this time. The applicant is requesting annexation to comply with the Agreement recorded under instrument #106096022 which allowed the Church to connect to City services without being annexed into the City, until it was contiguous. The City limits now border this property on all four sides. The subject site is located at 5555 N. Locust Grove Road in Section 30, TAN., R.1 E. This property is within the Urban Service Planning Area and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject application (AZ) was submitted to the Planning Department for review. Below, staff has provided a detailed analysis, comments, and recommended actions for the requested AZ application. Staff is recommending approval of the Stake House Annexation and Zoning (AZ -07-019) request as presented in the staff report for the hearing date of January 17, 2008, based on the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on January 17. 2008. At. the public hearing the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Ladd Cluff (Applicant's Representative) ii. In opposition:. None iii. Commenting: None ' LV-- Written testimony: None L. Staff presenting application: Bill Parsons A. Other staff commenting on application: Bill Nary b: Key Issues) of Discussion by Commission: L Development Agreement for the site. e. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issues) for CityCouncil: i. Development Agreement requirements for the site (the Applicant does not want a DA). - ►�.- 1: 1 1 1 1' 1 1 - 11 1J. ►�_ I _I �; 1 1 1- 1' 1 1 I) 1 I : 1. 1 Stake House AZ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 & In opposition: Non Iii. Commentin : Non iL. Written testimony: None L Staff presenting application: Anna Canning A Other staff commenting on app ication• Non Key Issues o.o un ols L lYung s,Key Council Changes to Staff/ ommiccion Recommendation L NM 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ -07-019 as presented in the staff report for the hearing date of March 4, 2008, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny to File Number AZ -07-019 as presented during the hearing on March 4, 2008: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ -07-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 5555 N. Locust Grove Road (Parcel #50530417300) Section 30, Township 4North, Range 1 East b. Owner: Church of Jesus Christ of Latter Day Saints 50 E. North Temple Street Salt Lake City, Utah 84150 c. Applicant/Representative: Ladd Cluff, Elk Mountain Engineering d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Public/Quasi-Public f. Description of Applicant's Request: The applicant is requesting annexation and zoning into the City with an L -O zone. g. Applicant's Statement/Justification: The applicant is requesting annexation into the City to comply with the agreement that allowed the Church to connect to City water/sewer services outside City linuts. (See applicant's narrative submitted with application.) 5. PROCESS FACTS A. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning and Zoning Commission and the City Council on this matter. Stake House AZ _ 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 b. Newspaper notifications published on: December 31, 2007 and January 14, 2008 (Planning and Zoning Commission); February 11 2008 and February 25, 2008 (City Council) c. Radius notices mailed to properties within 300 feet on: December 21, 2007 (Planning and Zoning Commission); February 8,.2008 .(City Council) d. Applicant posted notice on site by: January 7, 2008 (Planning and Zoning Commission); February 22, 2008 (City- Council) 6. LAND USE a. Existing Land Use(s): There is an existing LDS church on the site. b. Description of Character of Surrounding Area: The area surrounding the subject property consists of single-fanuly residential properties and projects. c. Adjacent Land Use and Zoning: 1. North: Madelynn Estates, zoned R-4 2. East: Vienna Woods Subdivision, zoned R-4 3. South: Tustin Subdivision, zoned R-4 4. West: Cardigan Bay Subdivision, zoned R-4 d. History of Previous Actions: Agreement recorded under instrument # 1060960022 between the City and the Church to connect to City services. e. Existing Constraints- and Opportunities: 1. Public Works: Location of sewer: N Locust Grove Rd Location of water: N Locust Grove Rd Issues or concerns: None 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is unaware of any hazards associated with this property. 6. Proposed Zoning:. L -O (Limited Office) 7. Size of Property: 15.49 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat, or a concept plan for this property, with the subject annexation application. The applicant is not proposing any new development of this property at this time. g. Landscaping: 1. Width of street buffer(s): A 25 -foot wide landscape street buffer is required adjacent to N. Locust Grove Road, an arterial roadway per the UDC. 2. Width of buffer(s) between land uses: A 20 -foot wide buffer between land uses is required between L -O zoned property and the residential properties to the north, south and west of the subject site. 3. Other landscaping standards: UDC 11-313-8 and UDC 11-313-12 require landscaping within and around parking lots. The site currently has an existing Church with the associated parking lot. The parking lot landscaping on the site does not currently conform to the standards of the UDC and any Stake House AZ - 3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 re -development of the site will require compliance with the applicability section of the landscape standards (UDC -11-3B-2). h. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat this property at this time. Access to this site is currently provided from two full access driveways to N. Locust Grove Road. No new access points are proposed or approved with this application. If/When this property re -develops staff will re-evaluate access points to this property. 7. COMMENTS MEETING On December 28, 2007 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department and Meridian Public Works Department. All comments are pertaining to future development of this site. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. Public /Quasi -Public" areas are designated to preserve and protect existing private, municipal, state, and federal lands (see Page 106 of the Comprehensive Plan). This category includes churches and public lands (excluding parks and schools) within the Area of City Impact. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and the transportation issues associated with the development of the property. The Comprehensive Plan Future Land Use Map designation for this property is "Public / Quasi -Public." However, the UDC does not have a Public / Quasi -Public zoning district. Therefore, the Applicant is requesting to rezone this property to L -O. A church is a principally permitted use in all four commercial zones (L -O, C -N, C -C, & C -G), a conditional use in certain residential zones (R-8, R-15, & R-40), and is prohibited in the R-2 and R-4 zones. The subject property is surrounded by residential properties zoned R-4. At this time, the applicant is not proposing any new development on the site. During pre -application meetings, Staff suggested the applicant zone the site L -O, so the church would comply with the underlying zoning district as a permitted use rather than having the applicant submit for a conditional use permit allowing a church in a residential zoning district. Staff believes the L -O zone is appropriate for the church site; however, any new development or re -subdivision of the site should be complimentary and mindful of the surrounding uses in the area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: ➢ Sanitary sewer and water service have been extended to the project at the applicant's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Ada County Sheri s Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. Stake House AZ - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is not proposing any new development for this property. Staff believes that the existing church is compatible with the other residences in this area. Churches are typically located adjacent to residential zones and uses within the city. When/If this property redevelops, full compliance with land use buffers and all other UDC standards should be met. "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) The applicant is not proposing any new development for this property. If this site develops in the future, a 25 foot landscape buffer will be required adjacent to N. Locust Grove Road. "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6). The existing church is already connected to city services. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is not proposing any new development for this property; however, there is existing landscaping adjacent to Locust Grove Road and internally to the building and the parking lot for the church site. Currently the landscaping on the site is substandard and any re -development or expansion of the site will require compliance with the UDC landscaping standards. The applicability for compliance regarding expansion of the site is outlined in UDC 11-3B-2. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (Chapter VII, Goal IV, Objective C, Action 1) The Applicant is proposing a commercial zone adjacent to established residential areas. Currently, there are residential uses along the northern, southern and western property boundaries. The UDC requires a 20 foot landscape buffer between L -O' zoned property and residential uses. On the submitted site/landscape plan, the site is developed with ball fields and open grass fields along the western and southern boundaries. Along the northern boundary, the subject site indicates a 50 foot buffer. Any development proposed for the future will require the appropriate buffer based on the use and zoning on the site. Staf'ffinds that the proposed L -O zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists a church as a Permitted Use (P) in the L -O zone. b. Purpose Statement of Zoning District: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Stake House AZ -5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Zoning: As mentioned above, the applicant is requesting annexation to comply with the Agreement recorded under instrument #106096022 which allowed the Church to connect to City services without being annexed into the City. The site is home to an existing LDS Church and is not proposing re- development at this time. The UDC does not have a Public / Quasi -Public zoning district. As stated above, a church is a principally permitted use in an L -O zone, a conditional use in certain residential zones (R-8, R-15, & R-40), and is prohibited in the R-2 and R-4 zones. Staff suggested the applicant zone the site L -O, so the existing LDS Church would comply with the underlying zoning district as a permitted use rather than having the applicant submit for a conditional use permit allowing a church in a residential zoning district. Staff realizes that the site encompasses approximately 15 acres which is not typical acreage for an office development adjacent to residential development. However, Staff believes the L -O zone is appropriate for the church site and any future development and/or subdivision on the site will require full compliance with the UDC standards. Staff has incorporated this as a provision in the DA in Exhibit B of this staff report. The annexation legal description submitted with the application (stamped on December 15, 2007 by Ladd F. Cluff, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Access: Currently the site has two full access driveways to/from N. Locust Grove Road and no roadways are stubbed to the property from adjacent developments. There is an existing street (E. Strauss Drive) adjacent to the southeast corner of the site. Staff believes that any future development of the site should require alignment with said street across Locust Grove Road and/or a shared access agreement may be required. Landscape: As stated earlier, there is existing landscaping adjacent to Locust Grove Road and internally to the building and the parking lot for the church site. Most of the landscaping does conform to the standards of the UDC but some of the requirements are not met. There are some planter islands in the parking lot that do not contain trees and there are ball fields and grassy areas adjacent to the residential uses that do not have the require landscaping (i.e. trees). In addition the Ada County Highway District has requested the City require a 5 -foot sidewalk located along Locust Grove Road. Any new development on the site or expansion of the existing building will require compliance with the UDC landscaping standards. The applicability for compliance regarding expansion of the site is outlined in UDC 11-3B-2. Development Agreement: UDC 11 -5B -3.D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. The applicant is not proposing to develop this site at this time. However, Staff believes any new development on the site should be compatible with the existing residential uses in the area. Therefore, Staff is proposing a DA be required for this property. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the -6- Stake House AZ CITY OF MERIDIAN PLANN:ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4., 2008 property owner(s) (at the time of annexation ordinance adoption). The applicant shall contact the City Attorney, Bill Nary, at 8884-433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • All future development of the subject property and/or expansion of existing structure(s) shall comply with City of Meridian ordinances in effect at the time of development. • I9When this site re -develops; access points to/from this site will be evaluated and may be restricted/limited by the City of Meridian and/or ACRD. • If/When this site re -develops, full compliance with the landscaping standards of the UDC shall be enforced. • Except for additions or buildings associated with the existing church, no building permits shall be issued on this site until a subdivision has been approved by the City Council. b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with an L -O zoning designation and requirement of a Development Agreement per the comments listed in Exhibit B and the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on January 17, 2008. At the public hearing the Commission moved to recommend approval of the subject AZ request. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Site/Landscape Plan (dated: December 7, 2007) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Stake House AZ - 7 - CH 4.q2O8 T FOR THE HEAR3NG DATE OF MAR �.ttd1NG DEPARTMENT STAFF REPOR OF MgR]DIAN PLA 4 %, reap It Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 2. Site/Landscape Plan It -j I nine Exhibit A I -�iII� Exhibit A I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 B. Agency Comments 1. PLANNING 1.1. The annexation legal description submitted with the application (stamped on December 15, 2007 by Ladd Cluff, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property. owner(s) (at the time of annexation ordinance adoption). The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • All future development of the subject property and expansion of existing structures shall comply with City of Meridian ordinances in effect at the time of development. • If/When this site re -develops access points to/from this site will be evaluated and may be restricted/limited by the City of Meridian and/or ACRD. • If/When this site re -develops, full compliance with the landscaping standards of the UDC shall be enforced. • Except for additions or buildings associated with the existing church, no building permits shall be issued on this site until a subdivision has been approved by the City Council. 2. PUBLIC WORKS 2.1 Sanitary sewer service to this development will be via extension of mains in N Locust Grove Road. 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 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. 2.2 Water service to this site will be via extension of mains in N Locust Grove Road. The applicant shall be responsible to install two water connections one from N Locust Grove Road and a second connection to the existing 8 inch water line located behind the existing structure due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20 -foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be _ approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 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. 2.8 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. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc. 2.10 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.15 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.16 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 is at least 1 -foot above. 2.17 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 ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of -way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.19 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. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. Exhibit 8 CITY OF MERIDIAN PLAWING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 3. FIRE DEPARTMENT 3.1 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.2 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.3 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.4 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.5 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.6 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). • For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m. ). 3.8 There shall be afire hydrant within 100' of all fire department connections. 3.9 The applicant shall contact the Meridian Fire Department to set up a Fire Inspection for the existing church building on the site. . . 4. ADA COUNTY HIGHWAY DISTRICT 4.1 ACRD Planning Staff is recommending the applicant construct a 5 -foot concrete sidewalk on N. Locust Grove Road abutting the site, located no closer than 28 -feet from centerline. Exhibit B 0 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4,2008 C. Legal Description and Exhibit Map Revi-se.&INte: ObVembet 1.3, 2007- PrOj'Oct: 1',ft.04 Page: j .of I TrIERrDAYSAINT 'M,E'.C'."gCH'QFJESU.SCH'RIST.OF N - L A S � AN,N&XkTt0pARC'EL .5955 No .. ."Ok Locust G't0%,e Road A-pattel OfUhd beipgo-portion of the 12=61 as de in alai -d Instrument 77j -4S.33, Ad.4 scribed . Of YDOB -ument No. . . :County Records -sai' Of -Se.ctidn 10, Town d!:p4r.ctj. being situated"iri-ibt,.mortheas( Y. of the Southeast Y. Township 4'North, Rapge I Fds�. l3oise'M'eTi.dian, Ada. Cow t P=-"duI01Y descnbed 419 follows':' P. Y-,. Idaho. beingmore Commencing at the Southeast comer -of "said Section 3A; the-nce along the East li.ne c said4Se0ioh also being the centerline 9rLopustGOye RoadNOfffi 00025"19" POINT OF BEGINNING; tlieriee •ferrying said Easf Tine East. 1795:02 feet -to the i Nbfrtb -88°47'53" West 40.0.-0 feet to' the West -1U.9111-Of-WAY -line of Locust Grove Road, thence cbnf]Auing Along the. South line of the *Parcel as described in *WraqtyDreed instrument No. 773-453-5 Ada C04ntY Records North 88*4.7.'551 West 745.07 feet (formerly South 896 Parcel; ihe'mce 11'0411 East). to the West line of said Exhibit C North 0.0025'221 -*.East 85 1 ' 99 feet (formerly. South QROO'00.'West. $.52.84 -fdet) to- thd- East-West Center Qf Section line; thence leaving said West Parcel fine South 91054'25" East 745,00 f"tfformetly 'South 89944'15" W.est). along said Of'Sectiob line to the West Righ . t= .9 , - Center of-Wayline o*f*,Locusi*:GrovP_ Road; thence continuing aloipg the. Ea9t-West.Ceptdr of Section Line South 89°54'29" East 40..0() f4et torthe -East 1/4,corner of said Section 30; thence -along the East lirie'of said S'ecti-on. 'SdUthoo*2'5'19')W'est86-7""9feet to rhe POINT OF BEGINNIN.-G. Saidpat.cgi.c.bouLint 674,772 Square feet or 1149'actes and is. subject to ea of.-Sf ments of record and REVI�AL. DEQ 13 2007 MERIMANfUdLIC ,W0FkKS;:.QEPTj 1240 E_Amity Xye.S'fe, 16.1 115- - 8MB? < Phone 008)4664-601 - Fax 1208).486,4608 - Internal: Www.elkmto, OVII Engineering - SuNOIng - Planning • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 Exhibit C tatq ;qyt V ) *- Exhibit C V ) *- L Z jo tks 000 3;%W Itn,001 H -1-80N 9h :7 LJ: L 0 -1pt-1 '!g f I z o.11 e ell. if ai: V) tl w d II As v" ------ j L ------------- ------ ----------- (A uc J.'j I W IcLa -, I 'Z"* is 1^11 I it M7 lit 41 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L -O. The City Council finds that the proposed zoning reap amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the L -O zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public Health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. b. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds that the annexation and zoning of this property to L -O would be in the best interest of the City. Exhibit D September 19, 2008 MDA 08-001 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Paramount Development, Inc. ITEM NO. 5-I REQUEST First Addendum to Development Agreement -- Request for a DA Amendment to include a church & other specified uses designated by the UDS as permitted or conditional in the L -O zone for Paramount Subdivision 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: Emailed: Date: COMMENTS See attached Development Agreement Phone: Jluli If Illluq. Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER i4ftD NAVARRO AMOUNT .00 BOISE IDAHO 09/108 01:I DEPUTVldd Allen RECORDED REQUEST OF MIII IIIIIIIUIIIIIIIIIIIIIIIIIII!11111 dlan Cit 108108427 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Paramount LLC, and Paramount Development, Inc., Owner/Developer THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated this 15JI day of✓ 2008, ("AMENDMENT"), by and between CITY OF MERIDIAN, Af�� ipal corporation of the State of Idaho ("CITY"), and Paramount LLC, an Idaho limited liability company, and Paramount Development, Inc., an Idaho corporation (collectively "OWNER/DEVLEOPER"), whose address is c/o Brighton Corporation, 12601 W. Explorer Drive, #200, Boise, Idaho 83713. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on August 14, 2003 as Instrument # 103137116 on real property more particularly described in the Agreement. B. CITY and OWNER/DEVELOPER now desire to amend the Development to clarify the permitted uses of that portion of the Property identified in the original Paramount Subdivision preliminary plat as Lots 2 and 3, Block 40, and zoned L -O, Limited Office District, based on the terms and conditions contained herein. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms ofthe Development Agreement, except as specifically amended as follows: SECTION 4.3 USES PERMITTED IN L -O ZONED PARCELS BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are those uses allowed as principal permitted by the Unified Development Code in the L -O District, including, but not limited to: Church or place of religious worship, day care center, educational institution, financial institution, health care or social services, parks public and private, personal or professional service, and public or quasi -public use. Other uses identified as conditional uses in the L -O zoning district, shall be subject to conditional use permit approval in accordance with AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-001 PARAMOUNT SUBDIVISION PAGE 1 OF 5 the requirements of the City's Unified Development Code codified at Meridian City Code, Title 11. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Amendment to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This agreement shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This amendment shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this amendment if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this amendment. 4. If any provision of this amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This amendment sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/ Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this amendment shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This amendment shall be effective as of the date herein above written. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-001 PARAMOUNT SUBDIVISION) PAGE 2 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: PARAMOUNT LLC, An Idaho limited liability company ell David W. Tumbull, Member of Brighton Investments, LLC PARAMOUNT DEVELOPMENT, INC., An Idahotomoration By: David W. Turnbull Its: President CITY OF MERIDIAN By: Mayor TanuVf de Weerd Attest:Orr SIAL Jaycee LYolman, City Clerk s � � GST 133 • uNrn rrr1H��1%�````� AMENDMENT TO DEVELOPMENT AGREEMENT (NIDA 08-001 PARAMOUNT SUBDIVISION) PAGE 3 OF 5 STATE OF IDAHO ) . ss: County of Ada, ) On this I 'V -day o 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be a member of Brighton Investments, LLC, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) . ss: County of Ada, ) Notary P*l Residing at: My Commi; ires: ii On thisl �'�'day of �f�r6^-` 2008, before me, the undersigned, a Notary Public In and for said State, personally appeared David W. Turnbull, known or identified to me to be president of Paramount Development, Inc., and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set the day and year in this certificate fust above written. xesiding at: v My Commission and affixed my official seal AMENDMENT TO DEVELOPMENT AGREEMENT (NIDA 08-001 PARAMOUNT SUBDMSION) PAGE 4 OF 5 0 STATE OF IDAHO ) ss County of Ada ) On this -� s'd day of Se �iG4'n bar , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) 0000040 �Q 9TA*'-40 '�', '. i RF Jot!arty-Public for Idaho Residing at: u- in Commission expires- 1&1 [-1 I AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 0S -00I PARAMOUNT SUBDIVISION) PAGE 5 OF 5 • • September 19, 2008 MDA 08-001 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Paramount Development, Inc. ITEM NO. 5-1 REQUEST First Addendum to Development Agreement -- Request for a DA Amendment to include a church & other specified uses designated by the UDS as permitted or conditional in the L -O zone for Paramount Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Development Agreement Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDER JfID NAVARRO AMOUNT .00 BOISE IDAHO 091E8/08 01:6M TY Vidd Allen RECORDED REQUEST OF III IIIIIIIIIIIIIIIIIIIilllllllllll III Meddlan Clay 108108427 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Paramount LLC, Owner/Developer and Paramount Development, Inc., THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated this 15+ - day of✓ 2008, ("AMENDMENT"), by and between CITY OF MERIDIAN, a m 'cipal corporation of the State of Idaho ("CITY"), and Paramount LLC, an Idaho limited liability company, and Paramount Development, Inc., an Idaho corporation (collectively "OWNER/DEVLEOPER"), whose address is c/o Brighton Corporation, 12601 W. Explorer Drive, #200, Boise, Idaho 83713. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on August 14, 2003 as Instrument # 103137116 on real property more particularly described in the Agreement. B. CITY and OWNER/DEVELOPER now desire to amend the Development to clarify the permitted uses of that portion of the Property identified in the original Paramount Subdivision preliminary plat as Lots 2 and 3, Block 40, and zoned L -O, Limited Office District, based on the terms and conditions contained herein. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: SECTION 4.3 USES PERMITTED IN L -O ZONED PARCELS BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are those uses allowed as principal permitted by the Unified Development Code in the L -O District, including, but not limited to: Church or place of religious worship, day care center, educational institution, financial institution, health care or social services, parks public and private, personal or professional service, and public or quasi -public use. Other uses identified as conditional uses in the L -O zoning district, shall be subject to conditional use permit approval in accordance with AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 0"01 PARAMOUNT SUBDIVISION) PAGE 1 OF 5 • the requirements of the City's Unified Development Code codified at Meridian City. Code, Title 11. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Amendment to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This agreement shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This amendment shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this amendment if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this amendment. 4. If any provision of this amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This amendment sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/ Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this amendment shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This amendment shall be effective as of the date herein above written. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-001 PARAMOUNT SUBDIVISION) PAGE 2 OF 5 • ACKNOWLEDGMENTS • IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: PARAMOUNT LLC, An Idaho limited liability company Davi W. Turnbull, Member of Brighton Investments, LLC PARAMOUNT DEVELOPMENT, INC., An Idaho eomoration By: David W. Turnbull Its: President CITY OF MERIDIAN By: Mayor Tamro de Weerd , Orr Attest: .0 ��•.01 Y� 'rte SM Jaycee L. olman, City Clerk' �'�, '�� GST 1�� • � P `.�. AMENDMENT TO DEVELOPMENT AGREEMENT (NIDA 08-001 PARAMOUNT SUBDMSION) PAGE 3 OF 5 STATE OF IDAHO ) . ss: County of Ada, ) On this day oea 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be a member of Brighton Investments, LLC, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) . ss: County of Ada, ) .Notary P�1 Residing at: My Commi: On this I §tday of�Y�6- X2008, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be president of Paramount Development, Inc., and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set and affixed my official seal the day and year in this certificate first above written. xesicung at: v My Commission -.1".. a4/1 AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-001 PARAMOUNT SUBDMSION) PAGE 4 OF 5 STATE OF IDAHO ) ss County of Ada ) On thisd day of Se Pk*—M 'Of -y- , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) 66968..0 • '� �� i i • 411 :��,•. At j�,tG �,q• otary Public for Idaho Residing at: _CkAar U in Commission expires: 1&11 :11 AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-001 PARAMOUNT SUBDIVISION) PAGE S OF 5 September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 5-1 REQUEST Amendment to Task Order No. 0766 with Parametrix for Sewer Improveme for Franklin - Ten Mile to Linder Proiect for 1,900.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached 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. TASK ORDER NO. 0766 CITY OF MERIDIAN (OWNER) AND PARAMETRIX (ENGINEER) This Task Order is issued by 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 accepted by Parametrix, hereinafter referred to as "ENGINEER", whose business address is 7761 W. Riverside Dr.., Suite 201, Boise, ID 83714 pursuant to the mutual promises., covenants and conditions contained in the March 1, 2007 executed Master Agreement For Professional Services entered into by and between CITY and ENGINEER. CITY OF MERIDIAN Water System Improvements in Conjunction with Road Improvements on Franklin Road between Ten Mile Road and Linder Road PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0766.01— WATER SYSTEM IMPROVEMENTS The following is a detailed scope of work to provide professional services for the coordination and design of improvements to the existing water system improvements to be constructed in conjunction with ACHD's roadway improvements for the Franklin Road — Ten Mile Road to Linder Road Improvements Project. The professional services required are to prepare plans, bid schedule, special provisions and cost estimate to construct potable water improvements on Franklin Road. The anticipated. design elements include the following: A. WATER SYSTEM IMPROVEMENTS 1. Determine required adjustments for proposed new storm drain systems, irrigation system, or roadway design where conflicts may exist with the existing water mains and water services. 2. Determine size and location of water line service stubs and show on the project pians. 3. Secure permanent construction easements from property owners to cover the work associated with the construction of service stubs. Legal descriptions will not be prepared for each permanent easement under this scope of work. Descriptions of easements will be documented in relation to station numbers. 1 of 3 • 4. Detail a 2" water service stub from existing water line to each of the three (3) medians in Franklin Road. Each median will be detailed with a 2" meter, and above grade double check valve assembly, and traffic protection around these features. Provide detail of a 3" PVC Class 200 continuous irrigation line from one end of the three (3) medians to the other end of the medians with a 6" PVC sleeve between each median extending 10' past curbing within the median. 5. Adjust approximately 15 existing valve boxes and/or blow -offs to grade. 6. Determine locations for approximately 3 new fire hydrants at locations specified by the City of Meridian. 7. Determine relocation area for 2 existing fire hydrants the proposed roadway improvements are in conflict with. 8.. Assist in establishing a Joint Effort Agreement between the City of Meridian and the Ada County Highway District (ACRD) which will allow the City to pay for all water improvements required for the project. 9. Prepare. special provisions, opinion of probable construction cost and a bid schedule. 10. Coordinate with City of Meridian Development Services to assure compliance of review checklist requirements. Parametrix will send a letter to all property owners within the project limits to determine if they desire new water stubs to their property. The letter will advise them of the project, advise there the City will install a service stub to their property at their documented location, and advise them of the estimated design and construction costs that must be collected before construction of the stub. A copy of the letter will be sent to the City for approval of the content and wording prior to being issued. The City will provide a mailing list for all property owners within the project limits. Where possible all proposed utility improvements will be designed within the proposed right-of-way limits or existing utility easements granted to the Ada County Highway District (ACRD). Where adequate right-of-way or easements do not exist we will prepare temporary and permanent construction easements to cover the utility improvements. Where adequate right-of-way exists all proposed utility service stubs will be designed to end one foot short of the proposed right-of-way line so that the service extends outside the roadway prism for future connection. Parametrix will submit the plans to the City of Meridian, ACHD and DEQ for review and approval prior to construction. For the parcels requiring easements each property owner will receive the required easement forms for execution. All water system improvements will be limited to within the project limits of the Franklin Road — Ten Mile Road to Linder Road Improvements Project. No additional topographic survey will be required to complete this scope of work. 2of3 The water system improvements will be included in the plan set for the Franklin Road — Ten Mile Road to Linder Road Improvements Project. The water system improvements portion of this package will include a separate City of Meridian General Notes sheet, modifications to the ten (10) plan and profile sheets and two (2) City of Meridian Standard Detail sheets. The total sheet count for the waterline design, details and notes is anticipated to include 13 sheets. Two (2) sets of 22"x34" 20 -scale plans will be provided to the City during the Draft Final Design review. Three (3) sets of 22"x34" 20 -scale plans will be submitted to the City upon approval of the project by DEQ and the City. We will also submit all design and construction plans in electronic format (meeting the City of Meridian's formatting requirements) to the City. Future Scope of Work To Be Provided Under Future Task Order Upon Project Completion (not included under scope of work for Task Order 0766): Within 30 days of completion of construction, Parametrix shall submit record drawings of the sheets with waterline design. -details and notes. The record drawings will meet the City of Meridian's "Submittal Requirements for Record Drawings" standards at the time produced. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of $16,575.00. Construction services and as -built drawing preparation are not included under this scope of services. CITY OF MERIDIAN ENGINE BY: _ TAMMY de W D, MAYOR �� Orr�rrrrrrUrr��f l4a,Y: Doug C menisch, etri Attest: may: SEAL JA YC H AN, CITY CLQ t �s� •, .� 3of3 • • September 19, 2008 •r MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 5-1 REQUEST Amendment to Task Order No. 0766 with Parametrix for Sewer Improveme for Franklin - Ten Mile to Linder Project for $41,900.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AMENDMENT TO TASK ORDER NO. 0766 CITY OF MERIDIAN (OWNER) AND PARAMETRD( (ENGINEER) This Amendment to Task Order 0766 is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated March 1, 2007. CITY OF MERIDIAN Sanitary Sewer System Improvements In Conjunction with Road Improvements on Franklin Road between Ton Mile Road and Linder Road PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0766.02 — SANITARY SEWER SYSTEM IMPROVEMENTS The following is a detailed scope of work to provide professional services for design of sanitary sewer system improvements to be constructed in conjunction with roadway improvements for the Franklin Road — Ten Mile Road to Linder Road Improvements Project. The professional services required are to prepare plans, bid schedule, special provisions and cost estimate to construct sanitary sewer system improvements on Franklin Road. The anticipated design elements include the following: A. PROJECT ADMINISTRATION AND QA/QC Consultant will staff and manage the project team to provide project deliverables, monitor budget and schedule, and coordinate with the City of Meridian, ACHD and project stakeholders on a regular basis or as directed. Team meetings will be conducted bi-monthly (or as needed) throughout the duration of the project. Parametrix will send a letter to all property owners within the project limits to determine if they desire new sanitary sewer stubs to their property. The letter will advise them of the project advise them the City will install a service stub to their property at their documented location, and advise them of the estimated design and construction costs that must be collected before construction of the stub. A copy of the letter will be sent to the City for approval of the content and wording prior to being issued. • Perform and provide the City of Meridian with copies of relevant correspondence with other project stakeholders (e.g ACHD, private utilities, property owners) Products & Dellverables: • Bi -monthly team meetings • Meeting summaries • Monthly progress reports (6 month duration assumed) • Project schedule updates • Property owner letter B. TOPOGRAPHIC SURVEY A topographic survey has been previously completed for this project that includes the Franklin Road corridor between Ten Mile and Under. However, additional topographic survey will be required between Franklin Road and the entrance to the Whitestone Subdivision in order to accurately design the sanitary sewer system connecting to the Whitestone sanitary sewer system. Topographic survey shall define a corridor 100 feet wide entered 50 feet west of the Calnon Enterprises property line. Surveying and mapping services will include the following: _ 1. Prepare and hand deliver property owner notices informing the owners of the required temporary access to their properties in order to complete the topographic survey. The letter will briefly describe the proposed improvements and provide contact information for the City of Meridian and Parametrix for any questions or concerns. 2. Perform topographic cross-sections along the proposed sanitary sewer centerline at 100 foot intervals (100 foot wide) for design of the project. 3. Conduct survey necessary for location of any existing utilities, structures, fences, storm water and/or irrigation facilities that may be impacted by the proposed sanitary sewer line. 4. Establish benchmarks at approximately 500 foot intervals along the proposed centerline alignment on permanent objects outside of the construction limits. 5. Conduct field survey needed to delineate the existing property boundary for the Calnon Enterprises parcel. Products & Deliverables: • Field Survey Data. C. SANITARY SEWER SYSTEM IMPROVEMENTS 1. Review the existing comprehensive plan to conservatively estimate the sanitary sewer system capacity needs based on existing and projected development within the project corridor. The estimate of capacity needs will be provided to the City for review and comment. • 0 2. Where possible all proposed utility improvements will be designed within the proposed right-of-way limits or existing utility easements granted to ACHD. Where adequate right-of-way or easements do not exist we will prepare temporary and permanent construction easements to cover the utility Improvements. Where adequate right-of-way exists all proposed utility service stubs will be designed to extend ten feet beyond the proposed right-of-way line so that the service extends outside the roadway prism for future connection. 3. Design and provide plans to install approximately 3750 LF of new 1800 sanitary sewer main in Franklin Road and 1250 LF of new 1200 sanitary sewer main south of and perpendicular to Franklin Road. Both pipe sizes will be verified for adequate opacity prior to beginning the design. The sanitary sewer main installation will begin with a connection to the existing 18°0 main at the northeast comer of the Ten Mlle Road / Franklin Road intersection. The sanitary sewer main will then be routed east within Franklin Road and south to avoid the existing Franklin Road Bridge while crossing under the Ten Mile Canal in a concrete encased steel casing. All requirements for crossing the Canal will be met. The sanitary sewer main will continue east within Franklin Road approximately 3500 LF to a proposed manhole near the entrance to the Sanitary Services Company. The sanitary sewer main will then tum south and run 400 LF before crossing under the Vaughn Lateral Irrigation Ditch. The sewer main will continue south 450 LF before crossing under the Ten Mlle Canal in a concrete encased steel casing. The sewer main will continue south 400 LF and connect to the existing sanitary sewer system at the Whitestone Subdivision where it will terminate. The termination will include the abandonment of the existing sewer lift station and will also be designed to allow for extending approximately 1200 LF further south in the future. 4. Prepare and submit a 404 permit for crossing the Vaughn Lateral and Ten Mile Canal. 5. Determine size and location of sanitary sewer line service stubs for up to 5 parcels and show on the project plans. The locations are anticipated to be at the proposed new commercial approaches within the project limits along with a service line to the residential parcel for Walter Morrow. 6. Determine permanent construction easements from approximately 5 property owners to cover the work associated with the construction of the service stubs. Legal descriptions will not be prepared for each permanent easement under this scope of work. 7. Determine permanent construction easements from approximately 3 property owners to cover the work associated with the construction of the, sanitary sewer mainline south of Franklin Road outside of existing right-of-way. Legal descriptions will not be prepared for each permanent easement under this scope of work. 8. Adjust approximately 4 existing sanitary sewer manholes to grade. 9. Assist in establishing a Joint Effort Agreement between the City of Meridian and the Ada County Highway District (ACHD) which will allow the City to pay for all sanitary sewer improvements required for the project. 10. Prepare special provisions, opinion of probable construction cost and a bid schedule. 11. Coordinate with City of Meridian Development Services to assure compliance of review checklist requirements. D. DESIGN SUBMITTAL INFORMATION 1. The sanitary sewer system Improvements will be included in the plan set for the Franklin Road — Ten Mile Road to Linder Road improvements Project. The sanitary sewer system improvements portion of this package will include a City of Meridian General (Votes sheet, modifications to the ten (10) plan and profile sheets, creation of two (2) new plan and profile sheets and one (1) additional City of Meridian Standard Detail sheet. The total sheet count for the sanitary sewer design, details and notes is anticipated to include 14 sheets. 2. Parametrix will submit the plans to the City of Meridian, ACHD and DEQ for review and approval prior to construction. It is anticipated that the design of the sanitary sewer system improvements will only require two (2) formai submittals. The first submittal will be the Draft Final Design submittal and the second will be the Final Design submittal. The Final Design submittal will serve as the final product and will complete this scope of work. 3. For the parcels requiring easements, due to proposed sanitary sewer stubs, each property owner will receive the required easement forms for executlon. The City of Meridian will obtain signatures on the easement forms. 4. The Draft Final Design plans will show the location of existing features and general design features of the proposed sanitary sewer system Improvements. Design elements will be based on the approved Conceptual Design and direction provided by the City of Meridian. Consultant will deliver 2 sets of 22° x 340 plans printed on bond media to the City and Department of Environmental Quality (DEQ). Products & Deliverables: • Draft Final Design submittal package 1. Consultant will incorporate comments received at the Draft Final Design review meeting into the Final Design submittal. Consultant will revise and update the project plans, special provisions, modifications to the standard and supplemental specifications, and contactor notes. A bid schedule will also be prepared. Consultant will deliver 3 copies of the stamped special provisions, bid schedule and cost estimate to the City. Consultant will deliver 3 sets of 22° x 340 plans printed on bond media and 1 set of 22° x 34° plans printed on mylar media to the City and DEQ. We will also submit all design and construction plans in electronic format to the City if requested. Products & Deliverables: • Final Design submittal package LJ We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of $41,900.00. Construction services are not included under this scope of services. The following Scope of Work can be performed by Parametrix if requested under a future Task Order upon project construction completion (not Included under scope of work for Task Order 0766); Within 30 days of completion of construction, Parametrlx shall submit record drawings of the sheets with waterline design, details and notes. The record drawings will most the current City of Meridian's "Submittal Requirements for Record Drawings" standard when produced. CITY OF MERIDIAM_ PNr_rNc=o • Y I E IT SEP I„ 2008 i' City Of Meridian City Clerk Office Memo To: Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner From: Max Jensen, Engineering Technician CC: Clint Dolsby, P.E., Acting City Engineer Date: 9/15/2008 Re: Proposed Agenda Item for September 23, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 23, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Amendment to Task Order No. 0766 with Parametrix for Sewer improvements associated with the Franklin — Ten Mile to Linder project. Task Order No. 0766 was for the professional services for the design of water line improvements to be constructed in conjunction with ACHD's roadway improvements for the Franklin Road — Ten Mile Road to Linder Road Improvements Project. This amendment is for the additional professional services for the design of sanitary sewer improvements to be constructed in conjunction with ACHD's roadway improvements for the Franklin Road — Ten Mile Road to Linder Road Improvements Project. The design would extend the sewer trunk line in Franklin Road from Ten Mile to Linder and then south to the Whitestone Lift Station. The proposed sewer trunk line will enable the City to abandon the Whitestone Lift Station and promote the Sewer Master Plan with gravity sewer. The proposed sewer trunk line will also provide services for development growth along Franklin Road.. The amendment is for $41,900.00. Recommended Council Action: The Public Works Department recommends that City Council approves and signs Amendment to Task Order 0766 with Parametrix. Thank you for your consideration. Please contact me if you have any questions. • Page 1 AMENDMENT TO TASK ORDER NO. 0766 CITY OF MERIDIAN (OWNER) AND PARAMETRIX (ENGINEER) This Amendment to Task Order 0766 is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated March 1, 2007. CITY OF MERIDIAN Sanitary Sewer System Improvements in Conjunction with Road Improvements on Franklin Road between Ten Mile Road and Linder Road PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0766.02 — SANITARY SEWER SYSTEM IMPROVEMENTS The following is a detailed scope of work to provide professional services for design of sanitary sewer system improvements to be constructed in conjunction with roadway improvements for the Franklin Road — Ten Mile Road to Linder Road Improvements Project. The professional services required are to prepare plans, bid schedule, special provisions and cost estimate to construct sanitary sewer system improvements on Franklin Road. The anticipated design elements include the following: A. PROJECT ADMINISTRATION AND QA/QC Consultant will staff and manage the project team to provide project deliverables, monitor budget and schedule, and coordinate with the City of Meridian, ACHD and project stakeholders on a regular basis or as directed. Team meetings will be conducted bi-monthly (or as needed) throughout the duration of the project. Parametrix will send a letter to all property owners within the project limits to determine if they desire new sanitary sewer stubs to their property. The letter will advise them of the project, advise them the City will install a service stub to their property at their documented location, and advise them of the estimated design and construction costs that must be collected before construction of the stub. A copy of the letter will be sent to the City for approval of the content and wording prior to being issued. •r Perform and provide the City of Meridian with copies of relevant correspondence with other project stakeholders (e.g ACHD, private utilities, property owners) Products & Deliverables: • Bi -monthly team meetings • Meeting summaries • Monthly progress reports (6 month duration assumed) • Project schedule updates • Property owner letter B. TOPOGRAPHIC SURVEY A topographic survey has been previously completed for this project that includes the Franklin Road corridor between Ten Mile and Linder. However, additional topographic survey will be required between Franklin Road and the entrance to the Whitestone Subdivision in order to accurately design the sanitary sewer system connecting to .the Whitestone sanitary sewer system. Topographic survey shall define a corridor 100 feet wide centered 50 feet west of the Calnon Enterprises property line. Surveying and mapping services will include the following: 1. Prepare and hand deliver property owner notices informing the owners of the required temporary access to their properties in order to complete the topographic survey. The letter will briefly describe the proposed improvements and provide contact information for the City of Meridian and Parametrix for any questions or concerns. 2. Perform topographic cross-sections along the proposed sanitary sewer centerline at 100 foot intervals (100 foot wide) for design of the project. 3. Conduct survey necessary for location of any existing utilities, structures, fences, storm water and/or irrigation facilities'that may be impacted by the proposed sanitary sewer line. 4. Establish benchmarks at approximately 500 foot intervals along the proposed centerline alignment on permanent objects outside of the construction limits. 5. Conduct field survey needed to delineate the existing property boundary for the Calnon Enterprises parcel. Products & Deliverables: • Field Survey Data. C. SANITARY SEWER SYSTEM IMPROVEMENTS 1. Review the existing comprehensive plan to conservatively estimate the sanitary sewer system capacity needs based on existing and projected development within the project corridor. The estimate of capacity needs will be provided to the City for review and comment. • •0 2. Where possible ail proposed utility improvements will be designed within the proposed right-of-way limits or existing utility easements granted to ACRD. Where adequate right-of-way or easements do not exist we will prepare temporary and permanent construction easements to cover the utility improvements. Where adequate right-of-way exists all proposed utility service stubs will be designed to extend ten feet beyond the proposed right-of-way line so that the service extends outside the roadway prism for future connection. 3. Design and provide plans to install approximately 3750 LF of new 18"0 sanitary sewer main in Franklin Road and 1250 LF of new 12"0 sanitary sewer main south of and perpendicular to Franklin Road. Both pipe sizes will be verified for adequate capacity prior to beginning the design. The sanitary sewer main installation will begin with a connection to the existing 18"0 main at the northeast corner of the Ten Mile Road / Franklin Road intersection. The sanitary sewer main will then be routed east within Franklin Road and south to avoid the existing Franklin Road Bridge while crossing under the Ten Mile Canal in a concrete encased steel casing. All requirements for crossing the Canal will be met. The sanitary sewer main will continue east within Franklin Road approximately 3500 LF to a proposed manhole near the entrance to the Sanitary Services Company. The sanitary sewer main will then turn south and run 400 LF before crossing under the Vaughn Lateral Irrigation Ditch. The sewer main will continue south 450 LF before crossing under the Ten Mile Canal in a concrete encased steel casing. The sewer main will continue south 400 LF and connect to the existing sanitary sewer system at the Whitestone Subdivision where it will terminate. The termination will include the abandonment of the existing sewer lift station and will also be designed to allow for extending approximately 1200 LF further south in the future. 4. Prepare and submit a 404 permit for crossing the Vaughn Lateral and Ten Mile Canal. 5. Determine size and location of sanitary sewer line service stubs for up to 5 parcels and show on the project plans. The locations are anticipated to be at the proposed new commercial approaches within the project limits along with a service line to the residential parcel for Walter Morrow. 6. Determine permanent construction easements from approximately 5 property owners to cover the work associated with the construction of the service stubs. Legal descriptions will not be prepared for each permanent easement under this scope of work. 7. Determine permanent construction easements from approximately 3 property owners to cover the work associated with the construction of the sanitary sewer mainline south of Franklin Road outside of existing right-of-way. Legal descriptions will not be prepared for each permanent easement under this scope of work. 8. Adjust approximately 4 existing sanitary sewer manholes to grade. 9. Assist in establishing a Joint Effort Agreement between the City of Meridian and the Ada County Highway District (ACHD) which will allow the City to pay for all sanitary sewer improvements required for the project. •0 10. Prepare special provisions, opinion of probable construction cost and a bid schedule. 11. Coordinate with City of Meridian Development Services to assure compliance of review checklist requirements. D. DESIGN SUBMITTAL INFORMATION The sanitary sewer system improvements will be included in the plan set for the Franklin Road — Ten Mile Road to Linder Road Improvements Project. The sanitary sewer system improvements portion of this package will include a City of Meridian General Notes sheet, modifications to the ten (10) plan and profile sheets, creation of two (2) new plan and profile sheets and one (1) additional City of Meridian Standard Detail sheet. The total sheet count for the sanitary sewer design, details and notes is anticipated to include 14 sheets. 2. Parametrix will submit the plans to the City of Meridian, ACHD and DEQ for review and approval prior to construction. It is anticipated that the design of the sanitary sewer system improvements will only require two (2) formal submittals. The first submittal will be the Draft Final Design submittal and the second will be the Final Design submittal. The Final Design submittal will serve as the final product and will complete this scope of work. 3. For the parcels requiring easements, due to proposed sanitary sewer stubs, each property owner will receive the required easement forms for execution. The City of Meridian will obtain signatures on the easement forms. 4. The Draft Final Design plans will show the location of existing features and general design features of the proposed sanitary sewer system improvements. Design elements will be based on the approved Conceptual Design and direction provided by the City of Meridian. Consultant will deliver 2 sets of 22" x 34" plans printed on bond media to the City and Department of Environmental Quality (DEQ). Products & Deliverables: • Draft Final Design submittal package 1. Consultant will incorporate comments received at the Draft Final Design review meeting into the Final Design submittal. Consultant will revise and update the project plans, special provisions, modifications to the standard and supplemental specifications, and contractor notes. A bid schedule will also be prepared. Consultant will deliver 3 copies of the stamped special provisions, bid schedule and cost estimate to the City. Consultant will deliver 3 sets of 22" x 34" plans printed on bond media and 1 set of 22" x 34" plans printed on mylar media to the City and DEQ. We will also submit all design and construction plans in electronic format to the City if requested. Products & Deliverables: • Final Design submittal package 0:0, - We `0 We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of $41,900.00. Construction services are not included under this scope of services. The following Scope of Work can be performed by Parametrix if requested under a future Task Order upon project construction completion (not included under scope of work for Task Order 0766); Within 30 days of completion of construction, Parametrix shall submit record drawings of the sheets with waterline design, details and notes. The record drawings will meet the current City of Meridian's "Submittal Requirements- for Record Drawings" standard when produced. CITY OF MERIDIAN ENGINEER M TAMMY de WEERD, MAYOR BY; Doug Cameniscb, PH Attest: WILLIAM G. BERG, JR., CITY CLERK September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 5-K REQUEST Approve Response to ACHD Regarding East 3rd Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba September 23, 2008 Craig Herndon Studies Coordinator Ada County Highway District 3775 Adams Street Gazden City, ID 83714 Dear Mr. Herndon: .~?js ~l 1$c~ 5- k. Thank you for the input provided on the East 3`d Street Extension and Alignment Study in your letter dated August 19, 2008. The City appreciates the Commission's consideration of this important matter. Further, the City is grateful for the high level of involvement of ACRD staff throughout this process; the final product will undoubtedly benefit as a result. Based on the analysis performed by the project team and input provided by the Commission, the City concurs that Extension Option 2 is the most desirable alignment for this future roadway. The City also realizes, as your letter points out, there are issues associated with Extension Option 2 that must be addressed in a timely fashion in order for this project to move forwazd. The August 191etter states that "ACRD has no intention to provide any type of monetary commitment related to this roadway, either the acquisition ofright-of--way or costs associated with design and construction." The City understands ACHD's reluctance to commit monetarily to this roadway based on (1) the financial challenges the District currently faces relative to the needs within the County and (2) the fact that East 3rd Street is not currently classified as an arterial roadway and is therefore ineligible for use of impact fee funds. The letter continues to request "written confirmation from both the City of Meridian and of the Meridian Development Corporation (MDC)... confirming that the City of Meridian and/or MDC will acquire the necessary right-of--way for this project and will seek no compensation from ACRD for this purchase." Again, the City understands the District's desire to support a realistic alignment for this future extension. Portions of the right-of--way necessary for Extension Option 2 aze not likely attainable through development due to recently approved projects that aze currently under construction. Identifying a way to secure the right-of--way necessary for this roadway is pazamount. Unfortunately, as a non-road building entity, the City is equally reluctant to commit funding to right-of--way for East 3rd Street at this time. The City is confident, however, that we can work to~ether and within ACHD's existing structure, based on the intended chazacter of East 3` Street, to identify a way to construct this essential roadway. One possible way to achieve this is to classify East 3rd Street as a minor Mayor's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-884-8119 . www.meridiaricity.org Craig Herndon Page 2 arterial, which would allow the collection of impact fees for future right-of--way, design, and construction. Securing impact fee revenue for this roadway will substantially broaden partnership opportunities for the City, MDC, and ACHD to work with the private sector to construct the East 3rd Street extension. City Council looks forwazd to discussing this matter in greater detail with the Commission at the October 6, 2008 Joint Meeting. Thank you again for providing feedback on this important study. The City appreciates the constructive working relationship our agencies have, and we look forwazd to future collaborations in addressing the needs of our constituents. Sincerely, ~~~ Tammy de Weerd Mayor cc: ACHD President and Commission Shaun Wardle, Meridian Development Corporation Anna Canning, Meridian Planning Department ~~~3 "~ CHD ~" Govwrwri7~`rd~o S~ic~ August 19, 2008 Mayor Tammy de Weerd & Council Members City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Re: E. 3rd Street Extension/Alignment Study -Preferred Alternative Dear Mayor and Council Members: Carol A. McKee, President Sherry R. Huber, i~` Vice President Dave Bivens, 2nd Vice President John S. Franden, Commissioner Rebecca W. Amold, Commissioner On behalf of the Ada County Highway District (ACRD), thank you for the efforts and time that your staff has taken to bring this Extension/Alignment Study to this point in the process. ACRD appreciates the relationship that the City of Meridian and ACRD have formed and the cooperative nature that exists. During the ACRD Comnssion meeting on August 13, 2008, the Commission was asked to select a preferred alignment for this study. Information was presented that indicated the steps and work that has occurred with this effort. A decision matrix was also shown and staff requested the selection of a preferred option. The ACRD Commission, during this meeting, indicated their preferred option to be the 3rd Street alignment (Extension Option 2). However, the Commission also expressed concern regazding how the right-of--way for this alignment would be acquired. This acquisition, if not done correctly and quickly, when opportunities present themselves, could change the favorable alignment option indicated above. Right-of--way for roadways with a functional classification below Arterial classification aze exacted from the developer at the time of a development application, with no compensation. This roadway, even if it becomes classified as a collector street in the future, still would have no compensation applied during the acquisition of the necessary right-of--way or construction of roadway improvements. ACRD would like to stress that based on current conditions, the preference is the 3rd Street Alignment, however, ACRD has no intention to provide any type of monetary commitment related to this roadway, either the acquisition of right-of--way or costs associated with design and construction. The Commission has specifically requested written confirmation from both the City of Meridian and of the Meridian Development Corporation (MDC) acknowledging these facts and confirming that the City of Meridian and/or MDC will acquire the necessary right-of-way for this project and will seek no compensation from ACRD for this purchase. The Commission seeks this confirmation because they aze concerned about selecting a preferred alternative that may not be feasible. ACRD is requesting this information to ensure all agencies are in understanding as the study progresses. The type of development that exists today or is currently underway is typically very slow to redevelop. Without a funding source for right of way acquisition, it may be necessary to consider an alternate alignment for this connection to become a reality in the foreseeable future. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX 345-7650 • www.achd.ada.id.us ACHD and the City of Meridian have a great working relationship and preservation of this relationship is very important to us. Please contact me at (208) 387-6118 or at cherndon@achd.ada.id.us if you have further questions. Sincerely, 7 Craig Herndon Studies Coordinator cc: File ACHD Commission Matt Ellsworth, City of Meridian Associate Planner Shaun Wardle, Meridian Development Corporation a =A a a © C a a o 6i -m" Ac, a D a a ► (14 a D a as �a c� ° 7 O Do �i 1 a D A a a o � � a a� a a o° a o0 00 D a� a� a. Do �i fl a D A � D a D 00 D m ' o -v CD p o m g n (� - o - a Q m .. F cQ MO C - o - a Q .. CD + �Ll I ; as - � ...... - — a f ._ +aro r, .'�11 a ,� rrr►���+ D a ' � vow, `.�' t" ,, � ►+[�_ _ .' - _.. �/' y. m , ,sn w".c+cv � ` •'tib : �, � ,� � �' R � j. .�•? e,: 7{ Ya' pk � r�'+,. � qi Ak A� • ��' r � lk� h u"�,pa. 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O O „yam r co O co m O O O N t0 O co N CD (D co N 0 N O N Cl C N O Z N 0 N 0 N 0 N 0 N O C N O C N N O_ N O N O C C N O T T T T 1 O 0 O 1 T D D W 1 1 T 0 T D _O TI T 0 0 0 0 Ca: co W O N cOD W -t 6A fW <A' GA 1A EA in <A EA .69 <0 EA bA t CA 4949 G9 EA 64 to 6R 69 FA (°/� 0) W 54 N A p 1 1 N A vA p A� M CT W O 1 N � A w O W 07 V O V -• V 1 CA (D 4- A .+ x O A N O Ln W A O 1 A V 'O W 1 A co 13 -T (7D 1 M O 1 co N A O A (n O W _V U( V O W W q-+ W W N Ut WO A O CT Ui OD WO (n O cD O O W 1 A CA N co Ui O• (D CD O (D O � c. 0 Z �. m m m a ar a�R o m v CL a e 3 c o m � a September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 54 REQUEST Approve Response to Draft Traffic Study Report Recommendations for Split Corridor Phase 2 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:Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS Date: IN) �' `� C �, 7C' of Efl � �' _®» C fD •y, '� O A LW � Lp � V1 rt � � � � ,•r \ O 'fD O• O � � �' A � � N ;� � rr3 a• �n'a C� �+ � �oanf� n uoi GO � �•� � C� O � A �� Wit°.. QO �• art• r* � l�• lA A •y �C,-p flJ � fD � O• D. Q � �. A r•r � to � ® O � ln-r �• r.�, 07 [1 N t31 O ufO C c 'p � fD n cp fD cD < n � es � A r•r p al , O C O Q � I x O � (D O O r sy September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 5-M REQUEST Task Order No. 0778 with DC Engineers for Whitestone Lift Station Upgrades for $9,550.00 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: Emailed: COMMENTS See aftched Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • TASK ORDER NO. 0778 CITY OF MERIDIAN (OWNER) AND DC ENGINEERING (ENGINEER) L� This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated January 1, 2006. CITY OF MERIDIAN WHITESTONE LIFT STATION UPGRADE PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth in Attachment A. Services shall generally be described as Engineering Consulting Services. TASK 0778.01— Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design and construction of the Whitestone Lift Station Upgrade project located in the Whltestone Subdivision near the intersection of Linder Road and Franklin Road. The engineer proposes to provide the scope of services listed In Attachment A. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0778 is Nine Thousand Five Hundred and 00/100 dollars ($9,500.00). CITY OF ME ENGINEER BY: JAA' TAMMY de RD, CLAY BI G MAYOR+,+►u+++����+�,,,PROJE T MANAG �y Attest o Wproved by City Council: = JAYCE8 HOLMAN, CT( RK Date) • TASK ORDER NO. 0778 E CITY OF MERIDIAN WHITESTONE LIFT STATION UPGRADE ATTACHMENT A • ENG/NEER/NG September 3, 2008 Mr. Trace Crane City of Meridian WWI? 3401 N Ten Mile Rd Meridian,ID 83642 Subject: Whitestone Lift Station Mr. Crane, 440 E CaWmia Ddve SuPoe 103 MeddHan. Idaho 83842 Phone: 28288.2181 IF= 2082882182 Thank you very much for the opportunity to propose on the Whitestone Station project The following is our proposed Scope of Service based on the information that you have provided to us. Project Understanding We understand that this project is a fast trackpr+oject with high priority. The project will include the design and construction changes required to get the lift station back on line using 10 hp chopper pumps. The new 10 hp chopper pumps are 3 phase pumps that will be supplied by the City of Meridian. They will require, 3 phase VFD's to maximize the use of the single phase power source. The VFD's will convert the single phase power to allow the existing service to remain which will reduce the cost. DC Engmeermg will subcontract the installation to Custom Electric to fast track this project. The project will be very similar to the Bear Creek conversion completed in 2005. Electrical Engineering • Coordinate pump requirements and specifications with Civil Survey. • Develop const<uction documents for chopper pump installation. • Program the Radio for lift station monitoring. Assumptions • VFD's and chopper pumps will be provided by the City of Meridian. • Radio will be provided by the City of Meridian with the exception of the zManae. • It should be noted ticatwithout the supply of the chopper pumps, VFD's and radio the construction cost would be in excess of $40,000. Supplying these items represents a significant savings to the subdivision. Dellverables • 1000/6 Construction documents andmstallation including construction observation and record documents upon completion. Schedule • DC Engineering has a capable staffthat can start immediately. DC Fsghwsing Mw project 'including installation will be performed on time and material basis not to exceed $9,500 (Nine Thousand Five Hunched Dollars). Custom Electric Construction cost will be passed through with no mark up, and is mchuW in the above listed fee. Thank you again for the opportunity to work with you. If you have any questions„ or require additional information, please do not hesitate tD ask Sincerely. Accepted by; DC ENGROMMG, P.C. Clay Bingham Project Manager Printed Name Title Date tC En&eeft r Memo SEP 19 2008 City Of Meridian City Clerk Office To: Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner From: Max Jensen, Engineering Technician CC: Clint Dolsby, P.E., Acting City Engineer Date: 9/17/2008 Re: Proposed Agenda Item for September 23, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 23, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Task Order No 0778 with DC Engineers for Whitestone Lift Station Upgrades. Task Order No. 0778 is for the professional services, including design and construction, for chopper pumps and pertaining electrical upgrades to the Whitestone Lift Station. The Task Order is for $9,500.00. Recommended Council Action: The Public Works Department recommends that City Council approves and signs Task Order 0778 with DC Engineers. Thank you for your consideration. Please contact me if you have any questions. • Page 1 City of Meridian Public Works Dept. Memo SEP 19 2008 City Of Meridian City Clerk Office To: Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner From: Max Jensen, Engineering Technician CC: Clint Dolsby, P.E., Acting City Engineer Date: 9/17/2008 Re: Proposed Agenda Item for September 23, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 23, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Task Order No 0778 with DC Engineers for Whitestone Lift Station Upgrades. Task Order No. 0778 is for the professional services, including design and construction, for chopper pumps and pertaining electrical upgrades to the Whitestone Lift Station. The Task Order is for $9,500.00. Recommended Council Action: The Public Works Department recommends that City Council approves and signs Task Order 0778 with DC Engineers. Thank you for your consideration. Please contact me if you have any questions. • Page 1 r_� • TASK ORDER NO. 0778 CITY OF MERIDIAN (OWNER) AND DC ENGINEERING (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated January 1, 2006. CITY OF MERIDIAN WHITESTONE LIFT STATION UPGRADE PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth in Attachment A. Services shall generally be described as Engineering Consulting Services. TASK 0778.01 — Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design and construction of the Whitestone Lift Station Upgrade project located in the Whitestone Subdivision near the intersection of Linder Road and Franklin Road. The engineer proposes to provide the scope of services listed in Attachment A. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0778 is Nine Thousand Five Hundred and 00/100 dollars ($9,500.00). CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: JAYCEE HOLMAN, CITY CLERK ENGINEER BY:L CLAY PROJ MANAG Approved by City Council: (Date) TASK ORDER NO. 0778 CITY OF MERIDIAN WHITESTONE LIFT STATION UPGRADE ATTACHMENT A �C i ,E A/ G/NEER//V G September 3, 2008 'Mr. Trace Crane City of Meridian WWTP 3401 N Ten Mile Rd Meridian, ID 83642 Subject: Whitestone Lift Station Mr. Crane, • 440 E. Corporate Drive Suite 103 Meridian, Idaho 83642 Phone: 208.288.2181 Fax: 208.288.2182 Thank you very much for the opportunity to propose on the Whitestone Station project. The following is our proposed Scope of Service based on the information that you have provided to us. Project Understanding We understand that this project is a fast track project with high priority. The project will include the design and construction changes required to get the lift station back on line using 10 hp chopper pumps. The new 10 hp chopper pumps are 3 phase pumps that will be supplied by the City of Meridian. They will require 3 phase VFD's to maximize the use of the single phase power source. The VFD's will convert the single phase power to allow the existing service to remain which will reduce the cost. DC Engineering will sub -contract the installation to Custom Electric to fast track this project. The project will be very similar to the Bear Creek conversion completed in 2005. Electrical Engineering • Coordinate pump requirements and specifications with Civil Survey. • Develop construction documents for chopper pump installation. • Program the Radio for lift station monitoring. Assumptions • VFD's and chopper pumps will be provided by the City of Meridian. • Radio will be provided by the City of Meridian with the exception of the antennae. • It should be noted that without the supply of the chopper pumps, VFD's and radio the construction cost would be in excess of $40,000. Supplying these items represents a significant savings to the subdivision. Deliverables • 100% Construction documents and installation including construction observation and record documents upon completion. Schedule • DC Engineering has a capable staff that can start immediately. DC Engineering The project including installation will be performed on time and material basis not to exceed $9,500 (Nine Thousand Five Hundred Dollars). Custom Electric Construction cost will be passed through with no mark up, and is included in the above listed fee. Thank you again for the opportunity to work with you. If you have any questions, or require additional information, please do not hesitate to ask. Sincerely, Accepted by: DC ENGINEERING, P.C. Clay Bingham Project Manager Printed Name Title Date DC Engineering • TASK ORDER NO. 0778 CITY OF MERIDIAN WHITESTONE LIFT STATION UPGRADE ATTACHMENT A • S 440 E. Corporate Drive ENG/NEER//V G Suite 103 Meridian, Idaho 83642 Phone: 208.288.2181 Fax: 208.288.2182 September 3, 2008 Mr. Trace Crane City of Meridian W WTP 3401 N Ten Mile Rd Meridian, ID 83642 Subject: Whitestone Lift Station Mr. Crane, Thank you very much for the opportunity to propose on the Whitestone Station project. The following is our proposed Scope of Service based on the information that you have provided to us. Project Understanding We understand that this project is a fast track project with high priority. The project will include the design and construction changes required to get the lift station back on line using 10 hp chopper pumps. The new 10 hp chopper pumps are 3 phase pumps that will be supplied by the City of Meridian. They will require 3 phase VFD's to maximize the use of the single phase power source. The VFD's will convert the single phase power to allow the existing service to remain which will reduce the cost. DC Engineering will sub -contract the installation to Custom Electric to fast track this project. The project will be very similar to the Bear Creek conversion completed in 2005. Electrical Engineering • Coordinate pump requirements and specifications with Civil Survey. • Develop construction documents for chopper pump installation. • Program the Radio for lift station monitoring. Assumptions • VFD's and chopper pumps will be provided by the City of Meridian. • Radio will be provided by the City of Meridian with the exception of the antennae. • It should be noted that without the supply of the chopper pumps, VFD's and radio the construction cost would be in excess of $40,000. Supplying these items represents a significant savings to the subdivision. Deliverables • 100% Construction documents and installation including construction observation and record documents upon completion. Schedule • DC Engineering has a capable staff that can start immediately. DC Engineering The project including installation will be performed on time and material basis not to exceed $9,500 (Nine Thousand Five Hundred Dollars). Custom Electric Construction cost will be passed through with no mark up, and is included in the above listed fee. Thank you again for the opportunity to work with you. If you have any questions, or require additional information, please do not hesitate to ask Sincerely, Accepted by: DC ENGINEERING, P.C. Clay Bingham Project Manager Printed Name Title Date DC Engineering September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 5-N REQUEST Irrigation System Connection Agreement with Settler's Irrigation District for 1 100 North Hickory Avenue 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: Emailed: . .. ,,,U�, Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Agreement Date: Phone: • ADA COUNTY RECORDER J. DAUIDORRO AMOUNT 30.00 10 BOISE IDAHD 10/09/08 11:51 AM DEPUTY Gail Garrell WORDED -REQUEST OF III IIIIIIIIIIIIIIIII11'111111111 III III Moffaff Thomas 108112682 RECORD1,1'G REQUESTED BYAJVD WHEN RECORDED RETURN TO: Moffatt, Thomas, Barrett; Rock & Fields, Chartered .10/ S. Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701-0829 (Space Above For Recorder's Use) IRRIGATION SYSTEM CONNECTION AGREEMENT This Irrigation System Connection Agreement ("Agreement") is dated this / day of t 2008, by and between SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho. whose address is P.O. Box 7571, Boise, Idaho 83707, and the CITY OF MERIDIAN. a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. DEFINITIONS In addition to the other capitalized terms defined herein, this Agreement contains certain words which shall have the following meanings: (a) "Settlers" refers to SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho. (b) "City" refers to the CITY OF MERIDIAN, a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho. (c) "Property" refers to the real property depicted in Exhibit A. attached hereto and made a part hereof by this reference. IRRIGATION SYSTEM CONNECTION AGREEMENT — I Client:982368.2 • WITNESSETH: • WHEREAS, City owns that certain real property, situated in the Southwest Quarter of the Northeast Quarter of Section 8. Township 3 North, Range l East, Boise Meridian, City of Meridian, Ada County. Idaho, commonly known as 1100 N. Hickory, which property is depicted -on .Exhibit A (the "Property"); District; system; WHEREAS, the Property is located within the boundaries of Settlers Irrigation WHEREAS, City desires to provide the Property with a pressurized irrigation NOW, THEREFORE, in consideration of the promises and the mutual benefits, representations, covenants, undertakings, and agreements hereinafter contained and for good and valuable consideration received by the parties, which consideration and the sufficiency thereof is hereby acknowledged by the parties hereto, Settlers and City represent, covenant, undertake, and agree as follows: AGREEMENTS Statutory Authority. This Agreement is made pursuant to and under the authority of Idaho Code Sections 43-330A through 43-33OG (the "Act"). 2. Tie -In to Existing Pressurized Irrigation System. City shall connect its irrigation lines for landscaping of the Property to the existing pressurized irrigation system owned by Settlers, including the pumpstation located at 1100 N.. Hickory, in accordance with engineering specifications required by Settlers. The City shall be provided with irrigation water from Settlers in accordance with the limitations and requirements set forth in the Agreements recorded as .Instrument Nos. 100056953 and 103199774, with the following exceptions: IRRIGATION SYSTEM CONNECTION AGREEMENT -2 Client9$2368.2 • • (a) Settlers will not require its inspection of the City's pressurized irrigation system downstream of the curb stop valve, which shall be the point of connection. (b) .The City shall maintain the pressurized irrigation system downstream of the curb stop valve. 3. Assessments for Water. Settlers shall have available for inspection by the City information on scheduled water assessments and the rules and regulations in connection with the provision of water, including the termination thereof. Settlers shall bill such water assessments and shall collect such water assessments from the City pursuant to state law. 4. Operation and Maintenance of Pressurized Irrigation System- Assessment for Operation and Maintenance. Settlers may levy and collect annual assessments against the Property served by the pressurized irrigation system to defray the cost and expense of such operation, maintenance, repair, or replacement, both present and future, and as provided for in Settlers' published Pressurized Irrigation System Specifications. Pursuant to.state law, Settlers shall bill such operation and maintenance assessments and shall collect such operation and maintenance assessments from the City. 5. No Liens. City shall allow no liens as a result of any labor performed or materials supplied in connection with City's activities to attach to the Pressurized Irrigation System or to any adjacent lands held by Settlers. 6. Limitations on Liability.• Attorney Fees. T. he 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. No director, officer, staff member, agent, or designee of Settlers shall incur any liability hereunder to City, Utility, or any other party in such person's individual capacity by reason of such person's actions hereunder or IRRIGATION SYSTEM CONNECTION AGREEMENT -3 Client982368.2 • execution hereof. In the event any party hereto shall bring any action to enforce a breach of. this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorney fees from the nonprevailing party, including any fees and costs on appeal. 7. Professional Fees. City agrees to promptly pay all engineering costs or irrigation consulting fees incurred by Settlers relating to design review and inspection of the Pressurized Irrigation System. City also agrees to promptly pay all legal expenses incurred by Settlers relating to the negotiation, preparation, and execution of this Agreement. It is expressly agreed that Settlers shall not be responsible for the payment of said costs or fees. 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 and all of the parties hereto. 9. Binding, Effect. This Agreement shall bind the parties hereto and their respective heirs, personal representatives, successors, and assigns and shall also constitute a burden upon and appurtenance to the Property. 10. 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. 11. 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. 12. Governing Law. This Agreement shall be construed under and governed by the laws of the State of Idaho. IRRIGATION SYSTEM CONNECTION AGREEMENT - 4 Client:982368.2 13. Representations of Parties. (a) Settlers. Settlers represents and warrants that: (i) it is an irrigation district 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 it's obligations under this Agreement; (iii) all organizational and other actions required to authorize it to enter into and perform this Agreement have been. properly taken; and (iv) this Agreement has been properly executed and delivered by Settlers and is valid and binding upon Settlers in accordance with its terms. (b) Cites. City represents and warrants that: (i) it is an Idaho municipal corporation in good standing with the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize City to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by City and is valid and binding upon City in accordance with its terms; (v) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement; and (vi) City is record owner of fee simple title to the .Property. 14.. City's Authorization of Signature. City hereby warrants that the person(s) signing this Agreement have been authorized to do so by City. 15. Notices. All notices, demands, requests, and other communications under this Agreement shall be in writing and shall be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed or, when sent by mail, three (3) days after deposit in the United States mail, postage prepaid, addressed as follows: SETTLERS IRRIGATION DISTRICT P.O. Box 7571 Boise, Idaho 83707 IRRIGATION SYSTEM CONNECTION AGREEMENT - 5 Ciient982366.2 CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642 Each party may change its address for delivery by written notice in the manner provided herein. 16. Recording. This Agreement shall be recorded upon execution in the office of the county recorder for each county in which any portion of the land covered by the Agreement is located. IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed to this Agreement of the date first set forth above. CITY OF MERI Of Mrf(written name) Attest: lFo � ity Cl% LERS IRRIGATION DISTRICT By Tom avis, President of its Board of Directors Attest: Vicki Keen, Secretary IRRIGATION SYSTEM CONNECTION AGREEMENT- 6 Ciient:982388.2 0 0 STATE OF IDAHO ) ss. County of Ada ) On this Y day of M 2008, before m a Notary Public in and for said state, 'personally appeared M `irk ' n or'Xntified to me to be the l Cr el _ of CITY OF MERIDIAN, the person who executed the instrument on behalf of CITY OF MERIDIAN, and acknowledged to me that CITY OF MERIDIAN, 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. STATE OF IDAHO ss. County of Ada NOTARY PUBLIC FOR IDAHO Residing at l� r k C ltr . I7 My Commission Expires I Cil 1A 1 h On this dayof , 2008, before me, the undersigned Notary Public in and for the said state, personally appeared TOM DAVIS, known or identified to me to be the President of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT 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. h t NOTARY PUBW FOR IDAHO Residing at j C My Commission Expires IRRIGATION SYSTEM CONNECTION AGREEMENT - 7 Client:982368.2 • 0 STATE OF IDAHO ) ss. County of Ada ) On this 1 day of. &4 l_ 2008- hefnre me the nnelPreinnoA Notary Public in and for the said state, personally appeared VICKI KEEN, known or identified to me to be the Secretary of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT 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. / l f_ 1, ri NOTARY PLJ' I ' � FOR IDAHO Residing at 15(1 My Commission Expires ryt IRRIGATION SYSTEM CONNECTION AGREEMENT — 8 Client:982368.2 EXHIBIT A Vicinity Map EXHIBIT A Client:982368.2 A 0 • • N d • O C N 'oCo a W �. E d D J O m g � w a w d O a J a E N e y m v I- t to CD p ¢�Oa OOFVa � a g O C y 2 "cgma?O �n a¢W O to a Q W 3 0i a V. mgs �77 o 0 a OOODOOO • • • • 8 � oiadsod N .'91i11� • RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Moffatt, Thomas, Barrett, Rock & Fields, Chartered 101 S. Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701-0829 • (Space Above For Recorder's Use) IRRIGATION SYSTEM CONNECTION AGREEMENT This Irrigation System Connection Agreement ("Agreement") is dated this day of , 2008, by and between SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, whose address is P.O. Box 7571, Boise, Idaho 83707, and the CITY OF MERIDIAN, a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. DEFINITIONS In addition to the other capitalized terms defined herein, this Agreement contains certain words which shall have the following meanings: (a) "Settlers" refers to SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho. (b) "City" refers to the CITY OF MERIDIAN, a municipal corporation organized and existing under and by virtue of -the laws of the State of Idaho. (c) "Property" refers -to the real property depicted in Exhibit A, attached hereto and made a part hereof by this reference. IRRIGATION SYSTEM CONNECTION AGREEMENT —1 Client:982368.2 G WITNESSETH: • WHEREAS, City owns that certain real property, situated in the Southwest Quarter of the Northeast Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, commonly known as 1100 N. Hickory, which property is depicted on Exhibit A (the "Property"); District; system; WHEREAS, the Property is located within the boundaries of Settlers Irrigation WHEREAS, City desires to provide the Property with a pressurized irrigation NOW, THEREFORE, in consideration of the promises and the mutual benefits, representations, covenants, undertakings, and agreements hereinafter contained and for good and valuable consideration received by the parties, which consideration and the sufficiency thereof is hereby acknowledged by the parties hereto, Settlers and City represent, covenant, undertake, and agree as follows: AGREEMENTS Statutory Authority. This Agreement is made pursuant to and under the authority of Idaho Code Sections 43-330A through 43-33OG (the "Act"). 2. Tie -In to Existing Pressurized Irrijzation System. City shall connect its irrigation lines for landscaping of the Property to the existing pressurized irrigation system owned by Settlers, including the pumpstation located at 1100 N. Hickory, in accordance with engineering specifications required by Settlers. The City shall be provided with irrigation water from Settlers in accordance with the limitations and requirements set forth in the Agreements recorded as Instrument Nos. 100056953 and 103199774, with the following exceptions: IRRIGATION SYSTEM CONNECTION AGREEMENT - 2 Client:982368.2 • • (a) Settlers will not require its inspection of the City's pressurized irrigation system downstream of the curb stop valve, which shall be the point of connection. (b) The City shall maintain the pressurized irrigation system downstream of the curb stop valve. Assessments for Water. Settlers shall have available for inspection by the City information on scheduled water assessments and the rules and regulations in connection with the provision of water, including the termination thereof. Settlers shall bill such water assessments and shall collect such water assessments from the City pursuant to state law. 4. Operation and Maintenance of Pressurized Irrigation System; Assessment for Operation and Maintenance. Settlers may levy and collect annual assessments against the Property served by the pressurized irrigation system to defray the cost and expense of such operation, maintenance, repair, or replacement, both present and future, and as provided for in Settlers' published Pressurized Irrigation System Specifications. Pursuant to state law, Settlers shall bill such operation and maintenance assessments and shall collect such operation and maintenance assessments from the City. 5. No Liens. City shall allow no liens as a result of any labor performed or materials supplied in connection with City's activities to attach to the Pressurized Irrigation System or to any adjacent lands held by Settlers. 6. 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. No director, officer, staff member, agent, or designee of Settlers shall incur any liability hereunder to City, Utility, or any other party in such person's individual capacity by reason of such person's actions hereunder or IRRIGATION SYSTEM CONNECTION AGREEMENT - 3 Ciient:982368.2 • • execution hereof. In the event any party hereto shall bring any action to enforce a breach of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorney fees from the nonprevailing party, including any fees and costs on appeal. 7. Professional Fees. City agrees to promptly pay all engineering costs or irrigation consulting fees incurred by Settlers relating to design review and inspection of the Pressurized Irrigation System. City also agrees to promptly pay all legal expenses incurred by Settlers relating to the negotiation, preparation, and execution of this Agreement. It is expressly agreed that Settlers shall not be responsible for the payment of said costs or fees. 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 and all of the parties hereto. 9. Binding,_ Effect. This Agreement shall bind the parties hereto and their respective heirs, personal representatives, successors, and assigns and shall also constitute a burden upon and appurtenance to the Property. 10. 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. 11. 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. 12. Governing Law. This Agreement shall be construed under and governed by the laws of the State of Idaho. IRRIGATION SYSTEM CONNECTION AGREEMENT - 4 Client:9e2368:2 13. Representations of Parties. (a) Settlers. Settlers represents and warrants that: (i) it is an irrigation district 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 it's obligations under this Agreement; (iii) all organizational and other actions required to authorize it to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by Settlers and is valid and binding upon Settlers in accordance with its terms. (b) Com. City represents and warrants that: (i) it is an Idaho municipal corporation in good standing with the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize City to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by City and is valid and binding upon City in accordance with its terms; (v) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement; and (vi) City is record owner of fee simple title to the Property. 14. City's Authorization of Signature. City hereby warrants that the person(s) signing this Agreement have been authorized to do so by City. 15. Notices. All notices, demands, requests, and other communications under this Agreement shall be in writing and shall be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed or, when sent by snail, three (3) days after deposit in the United States mail, postage prepaid, addressed as follows: SETTLERS IRRIGATION DISTRICT P.O. Box 7571 Boise, Idaho 83707 IRRIGATION SYSTEM CONNECTION AGREEMENT - 5 Clienk982368.2 %Z0 CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642 Each party may change its address for delivery by written notice in the manner provided herein. 16. Recording. This Agreement shall be recorded upon execution in the office of the county recorder for each county in which any portion of the land covered by the Agreement is located. IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed to this Agreement of the date first set forth above. CITY OF MERIDIAN LIZ Attest: City Clerk (written name) SETTLERS IRRIGATION DISTRICT. By Tom Davis, President of its Board of Directors Attest: Vicki Keen, Secretary IRRIGATION SYSTEM CONNECTION AGREEMENT — 6 Client:982368.2 J C N N v O W tV J O a b q ry�N N 4 K O a N H W z N v W E V c t K U K Yr J V) Q O d d O O N J m w a E w° c u Cc cn m i m t f m u b d O 10 = W C= O Q fr W L A R U !0 7 w m z g tna?S Jaa¢ Stir a¢ 3 N a c� Y.66W togs 111111 11 :.111 0 00 0000000 f a giant �° twr�"v�tdi �3IMP AN J ! . lsroiadsoa ;N 0 o f �U O Qj C U 'Y c�Q E Z N OZ 4. N m0 LAI r N WEU) N OLW �3IMP AN J ! . lsroiadsoa ;N 0 o �U O Qj C U d O Z y�0 c�Q E Z N OZ 4. N m0 CCLO r N WEU) N OLW yy`iQ k rm ao0 -5MF- 0 n0 N (0 �"Q O N N W pyBF- t -1_ 1 — M.o� Q 8 a, f0 N E� )LA RD F -o September 19, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT • • September 23, 2008 ITEM NO: 5-0 REQUEST Change Order No. 1 for Class A Reclaimed Wastewater Disinfection & Distribution Improvements with Star Construction, LLC for $7,572.41 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • Change OrderNo.: 1 Project Number. 06"a Date: 9/9/2008 Effective Date: CONTRACTOR: Star Construction, LLC PROJECT: Class A Reclaimed Wastewater Disinfection and Distribution Improvements The Contractor Is hereby directedtamake the following changes from the Contract Documents and Plana. Desciption: 1) Pressure grout building and slab 2) Dewater Intake structure and seal section failure Infilbstion 3) Install 2 valve collars Reason for Change Order. Repair settling problem at the pump house at Heroes Park and seal leaking joints around the intake structure. Additional signs needed at pond, asphalt pad at WWTP. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $79,790.00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O's.: Not Days change 1brm previous C.O.'s. No. Q to 4 No. Q to Q $0.00 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $79,790.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $7,572.41 Contract Price with all Approved C.O.%: Contract Completion Date with all Approved C.O.'s: $87,362.41 RECOMMENDED. (CONSTRUCTION MANAGER) ACCEPTED (CO R 0. �� 1 By*?%44 Date: Oil 9 Avg Date: APPROVED: (CITY PURR I GE // By. Keith Watts COUNCILAPPROVAL q _ 2 3 — 4, of hff '' •,,�, C/ Date: ! Date: APPROVED: C ATTEST' y �+�"� By: Mayor T mmy de W By. Date: W. City Cle Jaycee Holman - AAL Data: ' 9. _ Q� -30' 0 r • • • Memo To: Jaycee Holman; Tara Green Front: Roxanne Holland, EIT, Staff Engineer hollandr@meddiancity.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: September 11, 2008 Re: Proposed Agenda Item for September 23, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 23, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for Class A Reclaimed Wastewater Disinfection and Distribution Improvements (construction). Additional work is required for the completion of the Class A Reclaimed Wastewater Disinfection and Distribution Improvements (construction). This change order consists of the following work and amounts to 9.5% of the construction contract: • Repairs to the pump house at Heroes Park. • Fix leaking intake structure. • Additional materials needed at Heroes Park and WWTP. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Class A Reclaimed Wastewater Disinfection and Distribution Improvements project (construction) with Star Construction, LLC, for $7,572.41 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • . Change Order No.: 1 Project Number: 0664a Date: 9/9/2008 Effective Date: CONTRACTOR: Star Construction, LLC PROJECT: Class A Reclaimed Wastewater Disinfection and Distribution Improvements The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: 1) Pressure grout building and slab 2) Dewater intake structure and seal section failure infiltration 3) Install 2 valve collars Reason for Change Order. Repair settling problem at the pump house at Heroes Park and seal leaking joints around the intake structure. Additional signs needed at pond, asphalt pad at WWTP. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $79,790.00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 $0.00 Contract Price Prior to this C.O:: Contract Completion Date before this C.O.: $79,790.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $7,572.41 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: $87,362.41 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED (CO CTOR ?vt4 a.� v U l,� By: By: f Date: C1 I C) f v Date: i - APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 5-P REQUEST Resolution — No Smoking Policy AGENCY COMMENTS CITY CLERK:. CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: a cis- 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. CITY OF MERIDIAN RESOLUTION NO. 08- Iq BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, HOAGLUN A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING 7.2 NO -SMOKING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended for policy No -Smoking; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect on October 20, 2008. ADOPTED by the City Council of the City of Meridian, Idaho, this -73"4day of bCY- , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this c93rdday of , 2008. APPROVED: ATTEST: By' L Jaycee 12011olman, City ClerkT. PO . , 9 r tit • �Q�.��. CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL A _ 7�N('3� OKING POLICY - 2008 �'Whitm IoW CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.2 SUBJECT: NO SMOKING PURPOSE: To set forth the City's policy regarding no smoking on in City buildings, certain designated areas and within City vehicles. POLICY: The City prohibits smoking at all times in all City buildings and their doorways (away from entries and operable windows), the campus of the Meridian Police Department, the campus of City Hall including its surrounding grounds and amphitheater and all City vehicles. Smoking shall only be allowed in designated areas outside of City buildings or within City Parks (except in areas designated "No Smoking" or "Smoke Free") facilities. This policy shall apply to all employees and members -of the public when using City buildings or facilities. AUTHORITY & RESPONSIBILITY: Department Directors are responsible for ensuring a smoke-free environment as described in this policy. The City will also furnish "No Smoking" or "Smoke -Free" signs as necessary to assist in compliance with this policy. the City 0 ;er-idian prohibits " k 6 *"n--4ifnes ity faeflitiesand V empleyees desife to smoke, designated afeas autside City buildings will be September 19, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Professional Servic Not to Exceed Amount of $9 •46 September 23, 2008 ITEM NO. 5-Q Agreement with Red Sky Public Relations for a ,500.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached 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. • r7l RED S16! PUBLIC RELATIONS Letter of Agreement / City of Meridian Public Works September 1, 2008 Parties: This is a letter of agreement for public relations services provided to the City of Meridian Public Works (MPW) by Red Sky Public Relations, Inc. Scope: Red Sky Public Relations, Inc. will provide public relations consultation and services for the proposed rate increase as communicated and approved by Public Works Director Thomas Barry. Term: The term of this arrangement is effective immediately, starting September 1, 2008, and will continue until either party terminates with a 30 day notification. Payment: Red Sky Public Relations, Inc.'s budget for said services will be finalized upon approval of the Scope of Work and determinant upon the amount of suggested communication tactics executed by MPW staff or by Red Sky. MPW will be billed monthly in arrears against standardized billing rates: Principal: $150/hour Account Executive: $100/hour Assistant Account Executive: $75/hour Administrative: $50/hour This approach is cost-effective for clients, as activities will be task organized and carried out by the most appropriate billing level person. Principals will be intimately involved in the business, and available to clients at any time, for any reason. MPW shall pay all invoices within 30 days of receipt of proper invoice. All payments shall be remitted to: Red Sky Public Relations 518 South 90, Street, Suite 300 Boise, Idaho 83702 MPW will be assessed a 10 percent service fee on costs carried on behalf of the client. MPW may avoid this fee by having vendors bill direct. Red Sky will not spend more than $200 on behalf of MPW without prior client authorization. In providing services to MPW, Red Sky acts solely as an agent. MPW accepts responsibility for payment of all expenses incurred, even though some of those expenses may be, for client convenience, billed via Red Sky. Confidentiality: Red Sky Public Relations, Inc. and its subcontractors agree to hold in confidence all information about MPW obtained in writing and meetings, on conference calls, in email, or otherwise. Termination: Either party may terminate this relationship with 30 days notice. By signing this letter on my organization's behalf, I affirm that I have the authority to enter into such an agreement on behalf of MPW and that we will deliver timely, truthful and factual information in order to carry out the campaign. We look forward to working together. Signed: Thomas Barry, Director Jessica Flynn, President City of Meridian Public Works Red Sky Public Relations, Inc. 518 South 9th Street, Suite 300, Boise. Idaho 83702, Office 208.287.2199. www.RedSkyPR.com • • September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 5-R REQUEST Professional Services Agreement with BBC Research and Consulting for a Not to Exceed Amount of $7,500.00 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: Emailed: If 11flulb Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached In Phone: MME. RESEARCH & CONSULTING 3773 Cherry Creek North Drive Suite 850 Denver, Colorado 80209-3868 303.321.2547 fax 303.399.0448 www.bbcresearch.com bbc@bbcresearch.com September 15th, 2008 Mr. Thomas Barry Public Works Director City of Meridian 660 East Watertower, Suite 200 Meridian, ID 83642-2300 Re: Utility Rate Review Proposal Dear Tom: This letter contains a proposal by BBC Research & Consulting (BBC) to conduct an independent, third party review of the updated utility rate calculations recently completed internally by City of Meridian staff. Per your request, the remainder of this letter contains three sections: proposed scope of work, proposed budget and proposed schedule. Thank you for the opportunity to bid. Proposed Scope of Work We propose the following tasks: Document review. We will read and annotate the City's working papers related to the utility rate update including Excel spreadsheets Meridian used in the process. We will compile a list of questions for use in the next task. Face-to-face meeting. As early as next Wednesday, September 24`h when I plan to be in the Treasure Valley, I will meet personally with you and/or others you designate for several hours to review questions from the previous task and get an overview of your methodology, data and calculations. ■ Draft opinion letter and exhibits. Based on the previous two tasks, BBC will draft a brief letter with supporting exhibits (i.e., Excel "double-check" spreadsheets as necessary) containing our opinion as to the soundness of the City's utility rate update methodology, data and calculations. We will forward this material to you for review. M .0 Page 2 ■ Conference call. At your earliest convenience after reviewing our draft, we will participate in a conference call to receive your feedback and suggested edits. Final opinion letter and exhibits. We will finalize our opinion letter and supporting exhibits based upon feedback received from the City in the prior tasks. City Council presentation. We will prepare a brief PowerPoint presentation summarizing our findings, and I will present it to City Council at their earliest convenience. To summarize, this proposal would yield two deliverables for the City of Meridian: 1) a 5-7 page opinion letter plus supporting exhibits as necessary focusing on the soundness of the City's utility rate update methodology, data and calculations and 2) a PowerPoint summary of our findings for City Council which I will present to them in person. Tom, we would be pleased to modify this scope of work based on your feedback. Proposed Budget We can complete the above scope of work in a maximum of 45 hours of professional time. At an average rate of $150/hour, our not -to -exceed budget would thus be $6,750 (i.e., 45 hours $150/hour). If we complete the above scope of work in less time, our invoice to Meridian will be correspondingly less. We do not propose to bill the City for any travel expenses due to our ongoing work in the Treasure Valley, and our ability to combine visits to Meridian with existing trips. Proposed Schedule We can begin the first task — document review — immediately upon your notice to proceed. We can complete the second to last task — final opinion letter and exhibits — within three business weeks (i.e., 15 working days) later. The schedule for the City Council presentation depends upon their agenda, but could be done immediately thereafter. Tom, please feel free to call me toll-free at 800-748-3222, x236 with any questions. I look forward to the opportunity to work for the City of Meridian once again. Sincerely, Thomas A. Pippin Managing Director w September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 5-S REQUEST Professional Services Agreement with J. Amber Conger for City Hall Public Art Proposal 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • PROFESSIONAL SERVICES AGREEMENT Meridian City Hall Public Art Project Proposal This PROFESSIONAL SERVICES AGREEMENTfor Meridian City Hall Public Art Project Proposal (hereinafter "Agreement') is made this 15 day of September, 2008, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, (hereinafter "City) through the duly delegated Meridian Arts Commission, and J. Amber Conger (hereinafter "Artisf1. WHEREAS, the City desiires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued a Request for Proposals C RFP') seeldng artists' general proposals for public art installations; WHEREAS, a selection panel comprised of representatives of the Meridian Chamber of Commerce, the City Parks and Recreation Department, the Meridian Historical Preservation Commission, the Meridian Arts Commission„ and the community reviewed the responses to the RFP and selected Artist as one of three finalists to create specific proposals; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, City and Artist agree as follows: 1. Scope of Services. By the time and manner set forth herein, Artist will create and deliver to City one public art proposal (hereinafter "proposal'), to consist of- a;:.--.One f: a:::.One:typed narrative on one side of:a sheet of 8% -by -1.1- inch: paper; suitable for copying, which narrative shall include::. , : ... (1) A description of the proposed project and Artist's approach to the project; (2) Projected time line for completion of the proposed project; and (3) Projected budget for the proposed project, which budget shall not exceed $25,000, including any and all art project expenses such as artist fees, materials, shipping and installation costs. b. A visual representation of the proposed project, such as a drawing, model, or computer rendering thereof, which representation shall be in a professional format suitable for public viewing and presentation to the Selection Panel. 2. Payment. City will pay Artist for services rendered pursuant to this Agreement in the total amount of five hundred dollars ($500.00); which payment shall be made pursuant to the following method. To receive payment for services rendered, Artist shall complete the W-9 form provided herewith and remit such completed form by 5:00 p.m. on September 18, 2008. Upon receipt of the complete. W 9.form from Artist and execution of this Agreement by both Parties, City will process such request and issue payment via check sent U.S. Maff to Artist within seven () days:::, .: PROFESSIONAL SERVICES AGREEMENT- MERIDIAN CrrYHALLPUBucART PROJECT PROPOSAL PAGE 1OF4 • 3. Delivery. Artist shall deliver the proposal to City at the Mayor's Office, 33 E. Idaho St., Meridian, Idaho, by 4:00 p.m. on Friday, October 17, 2008. 4. Loss of or damage to proposal. Artist agrees to bear any risk of loss and/or damage to the proposal unless and until a member of the Mayor's Office staff personally and physically accepts custody and control of the proposal. In the event of loss or damage incurred prior to City's acceptance of the proposal, Artist shall recreate or repair the proposal that was lost and/or damaged at no expense to the City. In the event of loss or damage incurred following. City's acceptance of the proposal, the City shall provide Artist the opportunity to recreate or repair the proposal that was lost and/or damaged, for which service the City shall remunerate Artist for the actual cost of such recreation or repair, but in no event shall City pay Artist more than $500.00 for such recreation or repair. 5. Time of the essence. Artist acknowledges that services provided under this Agreement will be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 6. Public display and comment. It is the intent of City to publicly display and seek public comment regarding the proposal. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove the proposal from public display, whether temporarily or permanently. 7. Relationship of Parties. It is the express intention of Parties that Artist is an independent artist and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. 8. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail addressed as follows: City of Meridian Attn: Meridian Arts Commission 33 E. Idaho Avenue Meridian, Idaho 83642 J. Amber Conger P.O. Box 3531 Nampa, Idaho 83653 Either party may change its/her address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Indemnification and waiver. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, PROFESSIONAL SERvims AGREEMENT—MERIDIAN CITY HALLPuDuc ART PROJECT PROPOSAL PAGE 2 OF 4 0 growing out of, or in any way connected with or incident to Artist's performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Artist will indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 10. Discrimination prohibited. In performing services pursuant to this Agreement, Artist shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. 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. 12. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 13. Non -waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 14. Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell its rights, including the right to compensation, and/or duties arising hereunder without the prior express written consent of City. Any subcontractor or assignee will be bound by all the terns and conditions of this Agreement. 15. Heirs and assigns. This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. All references herein to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 16. Termination. If City determines that Artist has failed to comply with the terns and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 17. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 18. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement PROFFSSIONAL SERVICES AGREEMENT -MERIDIAN CITY HALLPuBLIc ARTPRojwT PROPOSAL PAGE 3 OF 4 • I� U by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the _ day of September, 2008. ARTIST: Y J. Amber Conger STATE OF IDAHO ) ) ss: County of Qn on ) I HEREBY CERTIFY that on thisL� day of September, 2008, bef re th undersigned, a Notary Public in the State of Idaho, personally appeared J. Amber Conger, "'�� o me to be the person who executed the said instrument, and acknowledged to me that he 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 a�RiYl'ti tten. DY R a '%%o TA •': c� A tP•• Ug L I C, .•. CITY OFMERi TAN• �' y7.•. O Notary Public for 1dah6J " Residing at �fYll� . 3Idaho My Commission Expires: 1- 1- ao13 . .,����� F PROFESSIONAL SERvicEs AGREBMBNT—MERIDIAN QTY HAIL PUBLIC ART PRo]ECT PROPOSAL PAGE 4 OF 4 of: 10 P ���:���• Tammy de W , Mayor ;•0Of M F "4�''',,� O Attest: Jaycee H61man= SEAL City Clerk P� PROFESSIONAL SERvicEs AGREBMBNT—MERIDIAN QTY HAIL PUBLIC ART PRo]ECT PROPOSAL PAGE 4 OF 4 • September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 5-T REQUEST Professional Service Agreement with Francis Fox for City Hall Public Art Proposal AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. PROFESSIONAL SERVICES AGREEMENT Meridian City Hall Public Art Project Proposal This PROFESSIONAL SERVICES AGREEMENT for Meridian City Hall Public Art Project Proposal (hereinafter "Agreement') is made this Z3rz1 day of September, 2008, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, (hereinafter "City') through the duly delegated Meridian Arts Commission, and Francis Fox (hereinafter "Artist"). WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued a Request for Proposals ("RFP') seeking artists' general proposals for public art installations; WHEREAS, a selection panel comprised of representatives of the Meridian Chamber of Commerce, the City Parks and Recreation Department, the Meridian Historical Preservation Commission, the Meridian Arts Commission,_ and the community reviewed the responses to the RFP and selected Artist as one of three finalists to create specific proposals; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, City and Artist agree as follows: 1. Scope of Services. By the time and manner set forth herein, Artist will create and deliver to City one public art proposal (hereinafter "proposal'), to consist of: a. One typed narrative on one side of a sheet of 8%z -by -I 1 -inch paper, suitable for copying, which narrative shall include: (1) A description of the proposed project and Artist's approach to the project; (2) Projected time line for completion of the proposed project; and (3) Projected budget for the proposed project, which budget shall not exceed $25,000, including any and all art project expenses such as artist fees, materials, shipping and installation costs. b. A visual representation of the proposed project, such as a drawing, model, or computer rendering thereof, which representation shall be in a professional format suitable for public viewing and presentation to the Selection Panel. 2. Payment. City will pay Artist for services rendered pursuant to this Agreement in the total amount of five hundred dollars ($500.00), which payment shall be made pursuant to the following method. To receive payment for services rendered, Artist shall complete the W-9 form provided herewith and remit such completed form by 5:00 p.m. on September 18, 2008, Upon receipt of the complete W-9 form from Artist and execution of this Agreement by both Parties, City will process such request and issue payment via check sent U.S. Mail to Artist within seven (7) days. PROFESSIONAL SERVICES AGREEMENT -MERIDIAN CrryHALL PUBUcART PROJECTPROPOSAL PAGE1OF4 • 3. Delivery. Artist shall deliver the proposal to City at the Mayor's Office, 33 E. Idaho St., Meridian, Idaho, by 4:00 p.m. on Friday, October 17, 2008. 4. Loss of or damage to proposal. Artist agrees to bear any risk of loss and/or damage to the proposal unless and until a member of the Mayor's Office staff personally and physically accepts custody and control of the proposal. In the event of loss or damage incurred prior to City's acceptance of the proposal, Artist shall recreate or repair the proposal that was lost and/or damaged at no expense to the City. In the event of loss or damage incurred following City's acceptance of the proposal, the City shall provide Artist the opportunity to recreate or repair the proposal that was lost and/or damaged, for which service the City shall remunerate Artist for the actual cost of such recreation or repair, but in no event shall City pay Artist more than $500.00 for such recreation or repair. 5. Time of the essence. Artist acknowledges that services provided under this Agreement will be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 6. Public display and comment. It is the intent of City to publicly display and seek public comment regarding the proposal. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove the proposal from public display, whether temporarily or permanently. 7. Relationship of Parties. It is the express intention of Parties that Artist is an independent artist and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. 8. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail addressed as follows: City of Meridian Attn: Meridian Arts Commission 33 E. Idaho Avenue Meridian, Idaho 83642 Francis Fox 6409 Randolph Dr. Boise, Idaho 93709 Either party may change its/her address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Indemnification and waiver. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, PROFESSIONAL SERVICES AGREEMENT— MERIDIAN CITY HALLPIJBLicART PROJECT PROPOSAL PAGE 2OF4 • 0 growing out of, or in any way connected with or incident to Artist's performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Artist will indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 10. Discrimination prohibited. In performing services pursuant to this Agreement, Artist shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. 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. 12. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 13. Non -waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 14. Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell its rights, including the right to compensation, and/or duties arising hereunder without the prior express written consent of City. Any subcontractor or assignee will be bound by all the terms and conditions of this Agreement. 15. Heirs and assigns. This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. All references herein to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 16. Termination. If City determines that Artist has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 17. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 18. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement PROFESSIONALSERVICEsAGREEMENT—MERIDIAN CITY HALLPUBLICARTPROJECTPROPOSAL PAGE 3OF4 �a • by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of September, 2008. ARTIST - Fr RTIST:Fray is Fox STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this day of September, 2008, before the undersigned, a Notary Public in the State of Idaho, personally appeared Francis Fox, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOVa;'-;I &hl r fe�dset my hand and affixed my official seal, the day e and year in this certificate iusto� `+� Fen e TAR 0' °° e 0 n C°. O o $ coo® ° P U 1,�G e IItary Public for _ aho °° p Ikesiding at %& s Q-9 , Idaho ° ���'•o,`A�' °°°°°°°°°°°° Q,e*vly Commission Expires: c7 's STB OF t�eo`e CITY OF MERIDIAN: o�'eja°rIe®ooeQO BY: , Tammy de d, Mayor.�`t s Attest: Jaycee Haiian = BEAL City Clerk ''���lllllt fill%%`\` PROFESSIONAL SERVICES AGREEMENT—MERIDIAN CrrYHALLPUBLICART PROJECT PROPOSAL PAGE 4OF; 4 v 4+' September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 5-U REQUEST Change Order No. 4 with K2 Construction for the Water Division Phase 2 Project for $581.69 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached' Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Rx Date/Time SEP-I8-ZODGM) 13:06 • Sep -18. 2008 1:17PM HO -6166 P. 3/4 UrVOPICUUMAN WA78R arvM► -PHMZ ADA GDS neo WORx cm4mE DIRECTIVE No. _ _ 006 DATE OF ISSUANCE -9117/08 , pECTNE DATE J117108. ve OWNER City ofMeridisa CONTRACTOR --X3 ConnAftotian projeot: Wat®r Divislgg - Phase 2 OVET1EWs Garitrut No. _ 0726 C You arc dhv4td to Proceed promptly wdh the following dnnge(s): Dea�p�iot►: . . Upgrade irrigation annual system for now wswpreof eonftiler to outside of new parking building. Provide and inwil exterior wuhipoof outlet for new irrigation eonkol boa. Purpose orWork Change Dbectim Better m &tcnw= men for contracted IaeWge conbaetar . Attacbman!= (List docune ntn supporfing clung) NOWNER or CONTRACTOR believe drat the above change has a1%tcd Contact Pdae nay Cb dM for a Change Order based thomm w01 involve one or more of ow following mothods as do&wd in thu Contract Documents. Method of deg change in Contract Price: ■ UnitPriti;as ❑ Lump si m Q Cost of die Work -.. _ Be ' ted inuouse (decrease) in Contract Pries. Estimated ipc= a (d=me) m Contract $ t • !n Tim. If the ohea a involvesincrease, Substantial C ornpletion: days; If mannt it not to be �exemded without fatlmr Faoody� for &W Fay�aoab daya- audwrisntion.. iz N14 I MM W PRO] Br.�n — Br-��.Is6d BJCDCN I910.8•d+ (1996 Fdidon) • iR�Sedbr�sBagtna�JetatCoatrsdCeeaaoataCnmomud-&—dbyThAnil obwa41 03C9r MO=OfA=dmeeA t+mdape. P. 003 Rx Date/Time 5EP-18-200,64) 13:06 Sep•I8, 2008 1:IIP a� eero. From; 660 Rest Web M SubZOR Mum 21 Projeot:Cidy od3feriew - Psrwag BaeOity =5 NW Sth sftd Tom COnstraeftn, Ine. 9555 W. Hwku= Dr., Suite 200 Baine, ID 83709 M ori: Stcie Irbb Rhom 301377om rM 70337M" Chninsye nrdex eaftewcantraf,f) P. 004 No -6166 P. 4/4 M Aar"MeYit #: 08M 000001 Man& Order #; n9R0is ftbl arl For. CO Date: Wednesday, Sep 17, 2009 Job #: 083S Contraat Nc: 090001 Cont mat F= MAINCOId UCT Coabact Date: 5/.M008 Odgbal Contract Compladon Deh 9/10/2098 Oat la 2484914M ftw. 000m sa am Cuk=Wft im LS sial aaM sun SLU L990 W SISA eoelQ, Sw 67987 CO Unit Cosb SAW ItO Unk Twc 55,00 CO Lump Bum: 50.00 CO)LumP Tau: 80.00 • CO TOW: The Orwow ContractSomwas....p...p.p.p..„.....«..,p........�.�.p,,..p.p' S4G8.668.OD Net Change by 3h%vIc s)pAutherfud Regaouts and Cb=ges .a...n.p..maa.....p.r.a.0 ....MU .p. 8'36,00416 The Centrad SuPrior or to*This u mge Order meThe sCC Centrad So= i IM �lGimnsed p.NpW.p.W...ppp...opppFyp.p. �.� The Now Centmd Sm Z=Iuaiag This Change Order d.M $605,250A The Contract Whim WM ba7 d....ps.tY.....pp.w�tptpw..plpwppp.p-A.pbwp..A..Np..p Q a The Date of Subetaathd Cbmpfiden as of this M=ffi8 Order Theret'ero is ... 912612008 ----�-- OPMAND ACCZPTANCB 9IGNATUM .---. AMOVAL (if regdred)s carr oi: hammMM i Stade bhh Max Jensen Date: 9/17/2008 Dow 9/17/ZOU8 Datm 0 City of Meridian Public Works Dept. Memo To: Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner From: Max Jensen, Engineering Technician CC: Clint Dolsby, P.E., Acting City Engineer Rick Clinton, Water. Division Superintendent Date: 9/18/2008 Re: Proposed Agenda Item for September 23, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 23, '2008 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No 4 with K2 Construction - Water Division Phase 2 project (Construction) Attached is Change Order No.4 with K2 for the construction of the Water Division — Phase 2 project. This additional work is for upgrading the irrigation control system to a new waterproof control system and relocating the system and outlet to the exterior of the new vehicle building. This will provide for better maintenance access for the contracted landscape contractor. The Change Order is for an additional $581.69 (less than. 1 % increase to the original contract amount) and is within the approved FY 08 budget. Recommended Council Action: The Public Works Department recommends that City Council approves and signs Change Order No. 4 with K2 Construction. Thank you for your consideration. Please contact me if you have any questions. • Page 1 Rx Oate/Time 5EP-18-20080) 13.06 Sep -18. 2008 1:17PM CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER P. DD2 No -6166 P. 2/4 Change Order No.: 4 Project Number: 0726 C' Data., 9/18/2008 Etfective Date: CONTRACTOR: K2 Construction PROJECT: Water Division - Phase 2 The Contractor Is hereby directed to make the fallowing changes from the Contract Documents and Plans. Desclptlon: Amount UNuiddtz icriyotiun cuullui bybluu► rul IiGw walulpluur t:urdrullnr lu UU61de ur new 9`-181.09 parking building. Provide and install exterior waterproof outlet for new Irrigation control box. Reason for Change Order: Better maintenance access for contracted landscape contractor. Attachments: K2 Construction Change Order City of Meridian WCD No, 06 CHANGE IN CONTRACT PRICE: CHANGE IN. CONTRACT TIMES: Original Contract Price: $468,665.00 Original Contract Completion Date: 9/10/2008 Original Contract Completion Days: 90 Working Net changes Form previous C.0•'s.' Net Days change form previous C.O 's: No. a to 3 No. 0 to 3 $36,004.16 8 Working Contract Price Prior to this C -O: Contract Completion Date before this C.O-,' 9/22/2008 $504,669.16 Net Increase (decrease) of this C.O,, Net Days Increase (decrease) of this C.O.: 8 $581.69 Contract Price with all Approved C.0's: Contract Completion Date with all Approved C.O.'s: 912612008 $505,250.85 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED (CO OR) Ile By: Date: By: Date 9/lg,O g APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) ATTEST: By: MayorTammy de Weerd By: City Clerk: Jaycee Holman Date: Date: r Rx Oate/Time 5EP-18-2008( ) 13:06 P. 003 Soo -IB, 2008 1:17PM No•61fi6 R - 3/� CrN OF MERMIAN WATER DIVISION -PHASE Z ADA COU; N IDAHO WORK CHANGE DIRECTIVE No- ____006- DATE _006_DATE OF ISSUANCE _ 9/17/08 F..FFECTTVE vAl'1; _9!17!08 OWNER City of Meridian CONTRACTOR K2 Construction Project: 'Water Division - Phase 2 OWN,ER's contract No. 0726 C r You are directed to proceed promptly with the following change(s): Description: Upgrade irrigation control system for new waterproof controller to outside of new parldng building. Provide and install exterior wate�iproof outlet for new irrigation control box. Purpose of Work Change Directive: Better maintenance access for contracted landscape contractor . Attachments: (List document.-, supporting change:) if OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of, determining change in Contract Price: ® Unit Prices ❑ Limp Sum Cost of the Work Estimated increase (decrease) in Contract Price. Estimated increase (d"7case) in Contract limes: If the change involves ten increase, the estimated Substantial Completion:..._ days; a molint iv not to bP r-xcef ded urithout further F uady for final pa anont _ day e - authorization. RECON&MN-DED: AUTHOR17.L?L): �� OW1�lt �`�,(if EER O� PROJECT AGER _ B Ywi 'By: x - sem. y: EJCDC No. 191 0-8-F (1996 8dkion) Prepancd by ft Tx9tueers Joint Contact Dacwmnts Contrrdnee and endorsed by The Asocial t Cjcnerr4Conummon arAmcrica and the Construcdon SpeeiSeetIor's In9titutc. Rx Date/Time Seu .18 . 2008 41W in mdc=ao From: SEP -18-2006Q1) 13:06 1;IIPM M, __ Ira=. . r1i) •03MN181MA& onfrrjM=1rOR6 CONSS77RU=M10f4 MANAglSRS No -6166 P. 4/44 BUILDER P. 004 Cry OF MMM AN K2 Agreement #: 0835 000001 660 East Watertower Lane Change nyder #: WPM Suite 200 Phone: 208-898-550P Page I ort Meridian, ID 83642 Fax: 208-898-955: For: Sprinkler Control Box PrOject:City of Meridian - Parking Facility 2235 NW $th Street To. f2 Construction, Inc. 8555 W. Hackamore Dr., Suite 200 Boise, ID 83709 Attention: Stacie Irish Phom: '+08-377-9139 Far. 208377-9149 Chance Order $581.69 (Subcontracts/Contracts) .r�_L'-.-.-�nl��rSCE'�aX�itt��Tu�,.4tnti6nt-a�Ct'�FiT10lUi]� CO Date: Wednesday, Sep 17, 2008 Job #: 0835 Contract No: 000001 Contract For: MAIN CONTRACT Contract Date: 5/'-2/2008 Original Contract Completion Datt 9/10/2008 Mobile., 208-963-2927 Pagcr. :B,'«i...-.. r. rr�irr.u:'4:�::.�•^ a luay.r:4. ey @:.-o- u::a. _srn uc. r _:.w..r•ul III3r.:- 1 ;n -•a9 r n �yr,..,._al:. -.. ..r.-- _ : rx.j.1. «:��r,-: Sit«',rT1..:_� -, r Rf 3.. I y-......�.i:rav+ri-•' t —.Gcr. a u' r1 �r=:Lrvr I em�l � tra i ...r,.lr,..r. r:r. t r-....=- _ M - - �� h'-`-•�r_'-�"i�bC�`�:.'S,'..�-�• � IIt1II L]r;-_t��nrr�:' $581.69 CO Unit Tax: .r�_L'-.-.-�nl��rSCE'�aX�itt��Tu�,.4tnti6nt-a�Ct'�FiT10lUi]� CO Lurap Stam: 00001 Pr)ce to Upgrade irrignlion control 1.000 LS $350:00 0.00% 50.00 systcm for now %vutetproof conualler to outside ofnc,,v puWag facility. 00003 Pmvide and install and cxtedor waterproof outlet for new W.3atioe 1.000 LS $150.00 0,00% $0,00 5150.00 contral box. 00003 Llabilk Iosutanec 1.000 LS 55.82 0.00va $0.00 55.82 00004 Contimclarree 1.000 LS 575.87 0.00a/o $0.00 $75.87 CO Unit Cost: $581.69 CO Unit Tax: $0.00 CO Lurap Stam: $0.00 CO Lump Tax: $0.00 CO Total: $581.69 The Original Contract Sum was „ ............................................._........_....�........................... X468,665.00 Net Change by rreviousiy Authorized Requests and Changes ................................................ $36,004.16 The Contract Sum Prior to This Change Order was S504,66p.16 The Contract Sutra Will he Increased ........ The New Contract Sum Including This Change Order $505,250.85 ThdContract Timc Will be lnercased................................................................................. 8 days The Date of Substantial Completion as of this Change Order Therefore is 9/26/2008 --OFFER AND ACCEPTANCE SIGNATURES ---------.---. APPROVAL (if required): K2 CoastrucH r CITY Or MEMIAN By: BY _ By. Stacie Irish Max Jensen Date: 9/17/2008 Date: 9/17/2008 bate: Rx Date/Time 5EP-18-LO(THU) 13:06 "Sed I8, 2008 1:I1Pbl ®� wmswl 040. I TMrstuan aim m From: CyPY OF MF.R7AIAW 660 $est WatutowerLme Suite 20p 0"Moc�r�wez Phone: 208-898 :5500 P. 004 No,6166 P. 4/4 K2 Agreement #: 0835.000001 Changs: Order #: OtAonrl pno c 1 or t For: Sprbwcr Control Bax Chance Order Project:City ofMeritiian-parWngFacility (SabcontracWContraets) T�.�Z235NW 8th Street CO Date: Wednesday, Sep 17, 2008 Construction, Inc. 8555 W. Hao Z; a Dr., Suite 200 Conimet No: 0835 C0nt3C8Gt Fqr: Use, M 83709 000001 MAIN CONTRACT Contract Date: Attentian. Stacie Irish Original Contract Completion 5/�2/Z00$ Daft Phone::�GB 37y-9139 Fax: 308377-9749 Mobge: 2D8 863-2927 9!10/2008 Pnpor. a� Eta.. � i" IIl , o` piglai �m a '�_� 6C_ n ic, �.nMUM MM 90001 P819e to.vpgcdc wgatoe eany IM ROOM ,, SYstelnrerncwwatc�pmof T.000 LS 5350.00 Lows comwiterto avlsidmofngy pp,tg S4o0 S3SO o0 rcollfty. (10002 AW1doad1g5lNlandcxledw �n w1tro DODO tfar mw1*jdjon t,000 Ls SM00 0.00 so.00 st5o.00 0000:3 UthEptyUlsuln C4 1.00Q LS Sin 0.40 00004 Costa mrFee S0•00 S5.82 1 .00o Ls SUM (LwA So.00 $75.97 CO Unit Cost: $581,69 CO Unit Tax: $0.00 CO Lump Sum: S0.00 CO Lump Tax: 50.00 The Ori CO Total: Original Contract sum was . $582.69 ww.........rr...•....w»..w...»..••.w.w... w.r.wFw..... Mw.w.w.Iw»......w.w».. Net Change by previonslyAuAorized Regpestg and Changes $468,665.00 The Contract Sam prior ......'......w..w.»..w.»....,.....a..w... nor to This Change Order Was $36,004.16 The Contract Sum Will he Increased ..... -w S504166946 .w..www.n.w..wn..wnUw».w••o� ww.Yq...•.www.•.gw..n.ww»w. Tho New Contrast Sum Tncludiog This Change Order 94581.69 The Contract Tiri:c Will be Inereawd•....• $505,250.85 .r ...•»•• ......... w.».. w.www.ww.w.wwwwww ww..w....»..w....• The Date of Substantial Completion as of this Change Order Therefore is $ days �•� 9/6/2008 w'—�--'-- OI'`FM AND ACCEPTANCE BIGNATURi;S ...._..�..�� ,APPROVAL iii 10 Caos�arctio I required) -.CITY OB MERIDIAN By: "�Y-. By: Stacie Irish Max JMsert •"�`— Date: 9/1712009 Date: 9/1712008 Date: 0 0 September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. S -V REQUEST Art in Public Spaces Purchasing Agreement — Brook Blues by Joyce Green AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See affached 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. ART PURCHASING AGREEMENT Art in Public Spaces This Art Purchasing Agreement for Art in Public Spaces ("Agreement") is entered into this JOTay of September, 2008, by and between the City of Meridian, Idaho, whose address is 33 E. Idaho, Meridian, Idaho ("City"), and Joyce Green whose address is 1088 W. Chateau Avenue, Meridian, ID 83642 ("Artist") (collectively, "Parties"). WHEREAS, City, by and through the Meridian Arts Commission, initiated the "Art in Public Spaces" collection of public art in order to make visual art part of the regular experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the city's government center; and to provide inspiration for new ways of experiencing the arts; WHEREAS, City, by and through the Meridian Arts Commission, on or about July 23, 2008, issued a Call to Artists requesting proposals for completed art pieces to be included in the Art in Public Spaces collection; WHEREAS, Artist responded to the Call to Artists by submitting a two- dimensional artwork entitled "Brook Blues", created by Artist in 2008 using watercolor on paper, the dimensions of which are 22 inches in height by 30 inches in length ("Work"); WHEREAS, the Art in Public Spaces Selection Committee ("APSSC"),whose members were duly appointed by the Meridian Arts Commission in accordance with applicable bylaws and ordinances, following due notice to the public, convened and reviewed submissions provided in response to the Call to Artists, which submissions included Work; WHEREAS, in accordance with its charge and the guidelines and criteria adopted by the Meridian Arts Commission and approved by City Council via its approval of the Call to Artists on or about July 22, 2008, the APSSC identified Work as exemplifying the mission of the Art in Public Spaces project; and WHEREAS, this Agreement is intended to implement the purchase of Work in accordance with the terms described in the Call to Artists and such terms hereinafter provided; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Sale. Artist hereby agrees to sell the Work to City at the agreed value of one thousand five hundred dollars ($1,500.00). Parties agree that this amount shall includes Artist's commission, materials, framing and installation of the artwork. ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 1 OF 6 2. Payment. City will pay Artist for services rendered pursuant to this Agreement in the total amount of one thousand five hundred dollars ($1,500.00), which payment shall be made pursuant to the following method. To receive payment for services rendered, the Artist shall complete the W-9 form provided and remit such completed form to Deputy City Attorney Emily Kane, 33 E. Idaho St., Meridian ID 83642, by 5:00 p.m. on September 22, 2008. Upon receipt of the complete W9 form from Artist and execution of this Agreement by both Parties, City will process such request and issue payment via check sent U.S. Mail to Artist within seven (7) days. 3. Framing. Artist shall frame the Work or cause the Work to be framed in accordance with the specifications provided and attached hereto as Exhibit A. The failure to comply precisely with each and every aspect of such specifications shall constitute a breach of this Agreement. 4. Delivery. Artist shall deliver the Work, framed in accordance with the prescribed specifications and ready to hang, to City at 33 E. Idaho Street, Meridian, Idaho by 4:00 p.m. on Friday, October 17, 2008. Acceptance shall be signified by written receipt, signed and dated by the City Clerk or a Deputy City Clerk, and provided to Artist upon receipt of the Work. The Artist agrees to bear any risk of loss and/or damage until the City accepts the Work as set forth herein. In the event of loss or damage incurred prior to City's acceptance of the work, the Artist shall return any and all payment received, upon which neither party shall have any fiu-ther obligation under this Agreement. 5. Time of the essence. The Artist acknowledges that services provided under this Agreement will be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 6. Installation. The Artist is responsible for furnishing the Work or having such Work furnished with the proper hardware for safe, durable, permanent hanging. The City shall be wholly responsible for the cost, labor, design, and placement of the Work's installation. 7. Copyright. The copyright for Work shall be owned by City. The Artist shall reserve no right to reproduce the Work in any manner or for any purpose, though the Artist may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such Work for promotional or other public use without further permission from Artist. While Artist makes no claim to the copyright of the Work, Artist shall be identified as the creator of the Work, both in the vicinity of the original as publicly displayed, and in writing as to any reproduction of the Work by City for promotional or other public use. ART PURCHASING AGREEMENT- ART IN PUBLIC SPACES PAGE 2 OF 6 8. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or interest in said copyrighted Work. Artist understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to relinquish any and all rights, title, and interest to the Work developed in connection with this Agreement and hereby expressly waives any rights Artist has to said Work including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. Sections 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. Section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. 9. Moral right. City will use best efforts to avoid and/or prevent misuse of the Artist's name and/or misuse of the Work which would reflect discredit on Artist's reputation as an artist, or which would violate the spirit of the Work. 10. Display. It is the intent of City to incorporate Work into the Art in Public Spaces art collection to be publicly displayed at Meridian City Hall. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove Work from public display, whether temporarily or permanently. 11. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental and whether done by City or others, upon written request of Artist, the Work shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Work as provided for under Idaho or federal law, whether by statute or otherwise. 12. Restoration. If the Work is damaged, City shall consult Artist before any restoration efforts and must give Artist first opportunity to restore it, if practicable. City shall have the exclusive right to determine when and whether repairs and restorations of the Work shall be made. 13. Retransfer. If City, in any way whatsoever, sells, gives, bequests, transfers, or trades the Work, Artist shall have no right to obtain such Work or in any way direct or prohibit such sale, gift, bequest, transfer, or trade. 14. Relationship of Parties. It is the express intention of Parties that Artist is an independent Artist and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City.. Both parties acknowledge that Artist is ART PURCHASING AGREEMENT- ART IN PUBLIC SPACES PAGE 3 -OF 6 E • not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. 15. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Joyce Green 1088 W. Chateau Avenue Meridian, ID 83642 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. 16. Waiver and indemnification. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Artist will indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 17. Discrimination prohibited. In performing services pursuant to this Agreement, Artist 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. 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. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. ART PURCHASING AGREEMENT- ART IN PUBLIC SPACES PAGE 4 OF 6 • • 20. Non -waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 21. Assignment Artist may not sub -contract, assign, transfer, hypothecate or sell its rights (including the right to compensation) or duties arising hereunder without the prior express written consent of City. Any subcontractor assignee will be bound by all the terms and conditions of this Agreement. 22. heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 23. Termination. If City, determines that Artist has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within a reasonable period as specified in the notice, City may, with no further notice, declare this Agreement to be terminated. Notwithstanding the above or any other provision of this Agreement, Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 24. Attorney's fees. In any action by City or Artist for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 25. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 26. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ART PURCHASING AGREEMENT- ART IN PUBLIC SPACES PAGE 5 OF 6 E • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ___L_ day of September, 2008. ARTIST: eongp—me, STATE OF IDAHO ) ss: County of ADA ) I HEREBY CERTIFY that on this &day of September, 2008, before the undersigned, a Notary Public in the State of Idaho, personally appeared Joyce Green, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year ium—"819ificate first above written. joam'hw') Notary Publ'c for Idaho Residing at Idaho My Commission Expires: 0- — ( CITY OF MERIDIAN ''0• BY: Tammy de W d, Mayor of Attest: _ Jaycee L.Qiolman OZALZ City Clerk ART PURCHASING AGREEMENT - ART IN PUBuc SPACES PAGE 6 OF 6 September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. 5-W REQUEST Art in Public Spaces 'Purchasing Agreement -- Meridian Creamery No. 5 by Charles Hoffman AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached 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. 0 . ART PURCHASING AGREEMENT Art in Public Spaces This Art Purchasing Agreement for Art in Public Spaces ("Agreement") is entered into this JL,41'L* day of September, 2008, by and between the City of Meridian, Idaho, whose address is 33 E. Idaho, Meridian, Idaho ("City"), and Charles Hoffman whose address is 3519 N. Cole Road, #301, Boise, Idaho 83704 ("Artist") (collectively, "Parties'). WHEREAS, City, by and through the Meridian Arts Commission, initiated the "Art in Public Spaces" collection of public art in order to make visual art part of the regular experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the city's government center; and to provide inspiration for new ways of experiencing the arts; WHEREAS, City, by and through the Meridian Arts Commission, on or about July 23, 2008, issued a Call to Artists requesting proposals for completed art pieces to be included in the Art in Public Spaces collection; WHEREAS, Artist responded to the Call to Artists by submitting a two- dimensional artwork entitled "Meridian Creamery #5", created by Artist in 2008 using photography, the dimensions of which are 16 inches in height by 24 inches in length ("Work"); WHEREAS, the Art in Public Spaces Selection Committee ("APSSC"), whose members were duly appointed by the Meridian Arts Commission in accordance with applicable bylaws and ordinances, following due notice to the public, convened and reviewed submissions provided in response to the Call to Artists, which submissions included Work; WHEREAS, in accordance with its charge and the guidelines and criteria adopted by the Meridian Arts Commission and approved by City Council via its approval of the Call to Artists on or about July 22, 2008, the APSSC identified Work as exemplifying the mission of the Art in Public Spaces project; and WHEREAS, this Agreement is intended to implement the purchase of Work in accordance with the terms described in the Call to Artists and such terms hereinafter provided; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Sale. Artist hereby agrees to sell the Work to .City at the agreed value of one thousand five hundred dollars ($1,500.00). Parties agree that this amount shall ART PURCHASING AGREEMENT- ART IN PUBLIC SPACES PAGE 1 OF 6 • • includes Artist's commission, materials, framing and installation of the artwork. 2. Payment. City will pay Artist for services rendered pursuant to this Agreement in the total amount of one thousand five hundred dollars ($1,500.00), which payment shall be made pursuant to the following method. To receive payment for services rendered, the Artist shall complete the W-9 form provided and remit such completed form to Deputy City Attorney Emily Kane, 33 E. Idaho St., Meridian ID 83642, by 5:00 p.m. on September 22, 2008. Upon receipt of the complete W9 form from Artist and execution of this Agreement by both Parties, City will process such request and issue payment via check sent U.S. Mail to Artist within seven (7) days. 3. Framing. Artist shall frame the Work or cause the Work to be framed in accordance with the specifications provided and attached hereto as Exhibit A. The failure to comply precisely with each and every aspect of such specifications shall constitute a breach of this Agreement. 4. Delivery. Artist shall deliver the Work, famed in accordance with the prescribed specifications and ready to hang, to City at 33 E. Idaho Street, Meridian, Idaho by 4:00 p.m. on Friday, October 17, 2008. Acceptance shall be signified by written receipt, signed and dated by the City Clerk or a Deputy City Clerk, and provided to Artist upon receipt of the Work. The Artist agrees to bear any risk of loss and/or damage until the City accepts the Work as set forth herein. In the event of loss or damage incurred prior to City's acceptance of the work, the Artist shall return any and all payment received, upon which neither party shall have any further obligation under this Agreement. 5. Time of the essence. The Artist acknowledges that services provided under this Agreement will be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 6. Installation. The Artist is responsible for furnishing the Work or having such Work furnished with the proper hardware for safe, durable, permanent hanging. The City shall be wholly responsible for the cost, labor, design, and placement of the Work's installation. 7. Copyright. The copyright for Work shall be owned by City. The Artist shall reserve no right to reproduce the Work in any manner or for any purpose, though the Artist may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such Work for promotional or other public use without further permission from Artist. While Artist makes no claim to the copyright of the Work, Artist shall be identified as the creator of the Work, both in the vicinity of the original as publicly displayed, and ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 2 OF 6 in writing as to any reproduction of the Work by City for promotional or other public use. 8. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or interest in said copyrighted Work. Artist understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to relinquish any and all rights, title, and interest to the Work developed in connection with this Agreement and hereby expressly waives any rights Artist has to said Work including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. Sections 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. Section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. 9. Moral right. City will use best efforts to avoid and/or prevent misuse of the Artist's name and/or misuse of the Work which would reflect discredit on Artist's reputation as an artist, or which would violate the spirit of the Work. 10. Display. It is the intent of City to incorporate Work into the Art in Public Spaces art collection to be publicly displayed at Meridian City Hall. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove Work from public display, whether temporarily or permanently. 11. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental and whether done by City or others, upon written request of Artist, the Work shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Work as provided for under Idaho or federal law, whether by statute or otherwise. 12. Restoration. If the Work is damaged, City shall consult Artist before any restoration efforts and must give Artist first opportunity to restore it, if practicable. City shall have the exclusive right to determine when and whether repairs and restorations of the Work shall be made. 13. Retransfer. If City, in any way whatsoever, sells, gives, bequests, transfers, or trades the Work, Artist shall have no right to obtain such Work or in any way direct or prohibit such sale, gift, bequest, transfer, or trade. 14. Relationship of Parties. It is the express intention of Parties that Artist is an independent Artist and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 3 OF 6 • the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. 15. Notices. Any and all notices required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Charles Hoffinan 3519 N. Cole Road, # 301 Boise, ID 83704 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. 16. Waiver and indemnification. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Artist will indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 17. Discrimination prohibited. In performing services pursuant to this Agreement, Artist 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. 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. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether ART PURCHASING AGREEMENT- ART IN PUBLIC SPACES PAGE 4 OF 6 previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 20. Non -waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 21. Assignment. Artist may not sub -contract, assign, transfer, hypothecate or sell its rights (including the right to compensation) or duties arising hereunder without the prior express written consent of City. Any subcontractor assignee will be bound by all the terms and conditions of this Agreement. 22. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 23. Termination. If City determines that Artist has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. Tlie notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within a reasonable period as specified in the notice, City may, with no further notice, declare this Agreement to be terminated. Notwithstanding the above or any other provision of this Agreement, Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 24. Attorney's fees. In any action by City or Artist for recovery of any sum due under this Agreement, or to enforce any of the terns, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 25. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 26. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 5 OF 6 0 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Q'�'day of September, 2008. ARTIST: STATE OF IDAHO ) ss: County of ADA ) I HEREBY CERTIFY that on this jP# day of September, 2008, before the undersigned, a Notary Public in the State of Idaho, personally appeared Charles Hoffman, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and YpPitt996s,pertificate first above written. CITY OF MERIDIAN BY: 0 Tammy de We Attest: Jaycee L. Holman City Clerk No ry lic daho Residing at 'ao ; s,C , Idaho My Commission Expires: _L0 /3o/t 7 - Mayor Mayor ttgT.1 I.` �P ART PURCHASING AGREEMENT— ART IN PUBLIC SPACES PAGE 6 of 6 September 19, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Planning Department ITEM NO. 6-A-1 REQUEST Transportation Project Request List 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: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the City of Meridian. September 19, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Mayors Office ITEM NO. 6-B-1 REQUEST Art in Public Spaces Selection Committee Recommendation on Art for City Hall 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 OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Tara Green From: Emily Kane Sent: Thursday, September 18, 2008 2:51 PM To: Jaycee Holman; Tara Green Cc: Robert Simison; Bill Nary; 'David_Stolhand@keybank.com' Subject: 9/23 Council Dept. Report Follow Up Flag: Follow up Flag Status: Green Hi! Will you please add a Mayor's Department Report to the September 23 Council agenda regarding "Art in Public Spaces Selection Committee recommendation on art for city hall." Meridian Arts Commissioner David Stolhand will be the presenter. (One of the pieces recommended by the committee and approved by Council is no longer available, so Commissioner Stolhand will show Council the proposed replacement, and also request Council's approval of a fourth piece for acquisition.) Thank you! Emily Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: kanee@meridiancity.org 9/19/2008 0 • September 19, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Legal Department ITEM NO. REQUEST Detox Center Agreement AGENCY COMMENTS CITY CLERK: P CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY . CITY POLICE DEPT: CITY FIRE DEPT: 6-r 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. • • REC-� AGREEMENT Sep 23 ?008 ESTABLISHING A JOINT POWERS ENTITY 0 CR"Mta Pursuant to Sections 67-2326 through 67-2333, Idaho Code, this Agreement Establishing a Joint Powers Entity ("Agreement") is made and effective this _ day of by and between the governmental entities, cities, counties, and authorities named below (collectively referred to herein as "Member Public Agencies"), exercising their constitutional, statutory, and codified powers: Ada County City of Boise City of Meridian City of Eagle State of Idaho, Department of Health and Welfare RECITALS WHEREAS, the Member Public Agencies, some of which are municipal corporations, .have general police powers to promote and protect health, safety, and public welfare for their respective communities and are specifically empowered by the Idaho Legislature to maintain and operate healthcare facilities under Idaho Code Section 50-305; WHEREAS, the Member Public Agencies have certain duties and responsibilities and authority, and it is recognized depending on the Member Public Agency and the authority provided to that public agency by the Idaho Legislature, that all are in need of an integrated, non- hospital, sobering and medically monitored detoxification and mental health diversion unit that will be a single point of access for indigent and low-income persons primarily from the Treasure Valley, who are suffering from psychiatrically or medically compromised conditions due to a mental health or substance abuse crisis or both; AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 1 CADocuments and Settings\greent\Local Settings\Temporary Internet Files\OLK9E\Agrtnt Est ME 5 CLEAN.doc WHEREAS, increasing interdependence among local governments has made it advisable to coordinate certain local government functions throughout the Treasure Valley; WHEREAS, the Member Public Agencies wish to make the most efficient use of their powers by cooperating to their mutual advantage in coordinating local government functions within the Treasure Valley; WHEREAS, there is a demonstrated need for a Facility in the Treasure Valley to provide short-term community based, non -hospital sobering and medically monitored detoxification and sub -acute psychiatric crisis stabilization services in a safe, caring, and therapeutic environment; WHEREAS, it is the desire of the Member Public Agencies that constructive and workable policies and programs for meeting the common and individual problems and concerns of the various Member Public Agencies will be most effectively and expeditiously fulfilled through the operation of a Facility in the Treasure Valley; WHEREAS, the Member Public Agencies desire to contract for the maintenance and operation of a Facility in the Treasure Valley for their mutual benefit; WHEREAS, it is the finding of each of the Member Public Agencies that entering into this Agreement to accomplish the purposes hereinafter set forth is a valid public purpose and necessary for public health and safety; WHEREAS, the Member Public Agencies have and possess the power and authority to establish a separate legal entity without abrogating any privileges or immunities accorded to each of there by law; WHEREAS, the Member Public Agencies have and possess the power and authorization to finance, organize, and establish a separate legal entity to select and contract with an Operator and to oversee the maintenance and ongoing operation of a Facility in the Treasure Valley; AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 2 CADocuments and Settings\greent\Local SettingsUemporary Internet Fi1es\0LK9E\Agrmt Est ME 5 CLEAN.doc • • WHEREAS, the Member Public Agencies propose to join together to establish a joint powers entity that will select an operator and oversee the maintenance and all things reasonably necessary for the ongoing operation of the Facility in the Treasure Valley; and WHEREAS, the Member Public Agencies have in common the responsibility for the general welfare of the public to study, discuss, and recommend policies and solutions to problem areas of direct concern to the performance of their respective constitutional and statutory powers and responsibilities, and have the right to jointly exercise these powers and responsibilities and expend public funds for these purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the Member Public Agencies agree as follows: ARTICLE I DEFINITIONS 1.01. As used in this Agreement, the following terms shall have the respective meanings hereinafter set forth: a) Actual Annual Contribution to Operations. Funds actually budgeted and appropriated by each Member Public Agency, as determined by each Member Public Agency, in its sole discretion, for the ongoing day-to-day operations of the Facility. b) Agreement. This Agreement wherein the Member Public Agencies agree to establish a joint powers entity ("JPE") that will select and contract with an Operator and oversee the maintenance and ongoing operation of the Facility C) Annual Proposed Contributions. An amount established by the Board each fiscal year as a fee for continuing membership in the JPE, attributed to each of the Member Public Agencies for the purpose of meeting the Annual Budget as established by the Board. d) Annual Budget. The total amount established by the Board sufficient to defray the ongoing day-to-day operating costs of the Facility each fiscal year. e) Board. The governing body of the JPE. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 3 CADocuments and Settings\greent\L.ocal SettingsUemporary Internet Fi1es\0LK9E\Agrmt Est JPE 5 CLEAN.doc fl Board Seat. A position on the Board occupied by a representative of each of the Member Public Agencies designated to occupy that position by each of the respective Signatories to this Agreement. g) Detoxification Area. A medically monitored area that will be used to stabilize a chronic addict's/alcoholic's physical condition over an average period of three (3) to five (5) days for the purpose of achieving longer-term sobriety in a safe environment. The Detoxification Area will be located in an area that is separate and distinct from the Sobering Station and the Sub -acute Psychiatric Crisis Stabilization Unit. h) Eligible Recipients. Indigent and non-incarcerated, low income persons, primarily from the Treasure Valley, who require the level of care available at the facility, meet admission criteria, and need sobering, detoxification, or stabilization in a community based non- hospital setting, as a result of a drug or alcohol crisis, a sub -acute psychiatric crisis, or both. To be eligible for services the individual must have a desire to stop abusing alcohol or drugs and have been unable to stop by using other, less restrictive options. i) Facility. A community based, non -hospital, medically monitored and licensed, integrated crisis center that will be a single point of access for Eligible Recipients who need sobering, detoxification, or stabilization due to a drug or alcohol crisis, a sub -acute psychiatric crisis, or both. The Facility will include, at a minimum: (a) one (1) Sobering Station, that will act as a safe environment for people whose impairment due to alcohol or drug use, with or without a co-occurring serious mental illness, is judged to put themselves and the greater community at risk; (b) an eighteen (18) bed medically monitored Detoxification Area that will be used to stabilize a chronic addict's/alcoholic's physical condition, with or without a co-occurring serious mental illness, over an average period of three (3) to five (5) days; and (c) an eight (8) bed medically monitored Sub -acute Psychiatric Crisis Stabilization Unit designed to address sub- acute psychiatric instability, with or without a co-occurring impairment due to alcohol or drug use, over an average period of three (3) to five (5) days. The Facility will be approximately 9,300 square feet and have an initial capacity of 26 beds with the ability to expand to 48 beds. j) Fiscal Year. The period from October 1 through September 30. k) Grants. Federal or local grants that will be used to construct, build, operate, or maintain the Facility. 1) Joint Powers Entity ("JPE"). A separate legal entity established by the Member Public Agencies under Sections 67-2326 through 67-2333, Idaho Code, of unlimited duration, with jurisdiction in the state of Idaho. The full legal name of the separate entity is the "Treasure Valley's Medically Monitored Detoxification/Mental Health Diversion Unit, a joint powers entity." m) Member Public Agencies. The governmental entities, state, cities, counties, and authorities who are Signatories to this Agreement. n) Operator. A third -party contractor selected by the Board that will maintain and conduct the ongoing day-to-day operations of the Facility. The Operator may be a Member Public Agency that is also a Signatory to this Agreement. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 4 CA\Documents and Settings\greent\Local SettingsUemporary Internet Fi1es\0LK9E\Agrmt Est ME 5 CLEAN.doc o) - Signatories. The governmental entities, state, cities, counties, and authorities that have entered into this Agreement. P) Sobering Station. An area, consisting of a least three (3) large rooms and three (3) small rooms, in close proximity to the medically monitored detoxification center, where Eligible Recipients admitted to the Sobering Station are allowed to achieve short-term sobriety in a safe environment. q) Sub -acute Psychiatric Crisis Stabilization Unit. An area consisting of four (4) semi -private bedrooms (two (2) clients per bedroom) designed to address psychiatric instability, with or without a co-occurring impairment due to alcohol or drug use, over an average period of three (3) to five (5). The Sub -acute Psychiatric Crisis Stabilization Unit will be located in an area that is separate and distinct from the Detoxification Area and the Sobering Station. r) Treasure Valley. In general, the Treasure Valley is the area where the Payette, Boise, Weiser, Malheur, and Owyhee Rivers converge into the Snake River. The Treasure Valley generally refers to all the lowland areas from Vale, Oregon on the west to Boise, Idaho; however, for purposes of this Agreement, the term "Treasure Valley" means the 4th Judicial District of the State of Idaho and includes Ada County, Valley County, Elmore County, and Boise County. ARTICLE II CREATION OF THE JPE — POWERS AND DUTIES 2.01. Upon the effective date of this Agreement, the Member Public Agencies, acting as the organizers under the Sections 67-2326 through 67-2333, Idaho Code, hereby establish the JPE, a separate legal entity of unlimited duration with jurisdiction in the state of Idaho, and with the rights, duties, and obligations set forth in this Agreement and the Grants. 2.02. The full legal name of the separate entity is the "Treasure Valley's Substance Abuse and Mental Health Crisis Treatment Center, a joint powers entity." 2.03 The JPE is a joint powers entity organized and existing under Sections 67-2326 through 67-2333, Idaho Code. The purpose of the JPE is to select and contract with an Operator and to oversee the ongoing operation of the Facility consistent with the rights, duties, and obligations set forth in this Agreement and the Grants. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 5 CADocuments and Settings\greent\Local SettingsUemporary Internet Fi1es\0LK9E\Agrmt Est JPE 5 CLEAN.doc - 0.' O` 2.04 The initial members of the JPE are the Signatories to this Agreement and include the City of Boise, Ada County, City of Meridian, City of Eagle, and the State of Idaho, Department of Health and Welfare. 2.05. The business of the JPE will be managed by a board of directors. Subject to the rights, duties, and obligations set forth in this Agreement and the Grants, the JPE, through its Board, shall possess in its own name and the Member Public Agencies delegate to it, the following enumerated powers: a) To make and enter into contracts consistent with this Agreement and the Grants. b) To select, appoint, and contract with an Operator that will operate and maintain the Facility. C) To the extent permitted by Article 8, § 4 of the Idaho Constitution or appropriate statutory provisions, to receive compensation, gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity to oversee and contract for the operation or maintenance of the Facility. d) To sue and be sued in its own name. e) To apply for an appropriate grant or grants under any federal or local programs. f) To adopt rules, regulations, policies, by-laws, and procedures to operate or maintain the Facility To add Member Public Agencies to the JPE and as Signatories to this Agreement, as approved by the Board and to execute agreements and resolutions consistent with the terms of this Agreement and the Grants. g) To appoint officers or agents. h) To purchase, sell, encumber, and lease real property. i) To incur obligations or borrow funds on behalf of the JPE to the extent permitted by Article 8, § 3 of the Idaho Constitution or appropriate statutory provisions; and to purchase, sell, or lease'equipment, machinery, and personal property. j) To invest funds as allowed by Idaho statutes. k) To annually elect a chairman and vice-chairman, and such other officers as the Board deems appropriate, with each officer serving until his successor is elected. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 6 CADocuments and Settings\greent\Local SettingsWempotary Internet Files\OLK9E\Agnnt Est JPE 5 CLEAN.doc 1) To create and consult with committees and to establish special task forces, standing committees and steering committees composed of representatives as designated by the Board for consideration of general and specific problems that are identified by the Board. m) To make, alter, amend, repeal or establish by-laws, rules and regulations governing its own conduct and procedures and the powers and duties of its officers, not inconsistent with this Agreement. n) To cover the liability of the JPE through the purchase of insurance or the appropriate contractual transfer of risk. o) To provide Member Public Agencies with an annual report of operations and financial affairs of the JPE. 2.06. Said powers shall be exercised within the budgetary limits and procedures set forth in this Agreement and in the manner provided by Idaho law, including, without limitation, the Joint Exercise of Powers provisions of Sections 67-2326 — 67-2333, Idaho Code. 2.07. With the exception of the building, fixtures, and real estate which will be owned by the Boise City Housing Authority, an ex-offico member of the Board, all other property whether real or personal, purchased by the JPE, shall be owned and controlled by the JPE as its sole and separate property and not as property of any Member Public Agency. The building will be leased by the Operator from the Boise City Housing Authority and operated and maintained on a day -to -.day basis by the Operator. 2.08. The JPE shall operate as a separate legal entity and incur debt, separate and apart from the Member Public Agencies. Any and all debts, obligations, and liabilities that the Board incurs are its own and not that of the Member Public Agencies, except as specifically provided for herein. 2.09 The Board shall approve rules, regulations, policies, by-laws, and procedures, including scope of work and request for proposal ("RFP") terms and conditions that will be utilized by the JPE in the selection of the Operator. Subject to approval by the Division of AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 7 CADocuments and Settings\greent\Local SettingsUemporary Internet Files\OLK9E\Agrmt Est JPE 5 CLEAN.doc o1 Purchasing, the scope of work and terms and conditions of the RFP shall be jointly developed by an executive committee of the Board in accordance with administrative procedures set forth in Title 67, Chapter 28, Idaho Code. For purposes of convenience, Ada County has agreed to act as an agent of the Board in publishing the RFP, soliciting bids, collecting proposals and disseminating information to the other Member Public Agencies. ARTICLE III ORGANIZATION 3.01. The JPE shall be managed by a board of directors. The Board shall be comprised of representatives of the original five (5) Member Public Agencies and designated representatives of any additional public agencies subsequently approved by the Board to become members of the JPE under Section 6.01. Board members shall have voting rights in the direct proportion that each Member Public Agency's Actual Annual Contribution to Operations for the fiscal year bears to the total Actual Annual Contribution to Operations of all Member Public Agencies for the same fiscal year ("weighted votes"). 3.02. The names and agency affiliations of the individuals constituting the initial Board and who are to serve until their successors are elected and qualify are: I suggest we name positions and not specific people NAME AGENCY State of Idaho Department of Health and Welfare City of Boise Ada County City of Meridian City of Eagle 3.03. In order to ensure cooperation and efficiency with other fund contributing interested parties in the Treasure Valley, who do not have a conflict of interest with the JPE or the operation of the Facility, the Board, in its discretion, may also elect ex -officio, non-voting AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 8 CA\Docurnents and Settings\greent\L.ocal SettingsUemporary Internet Fi1es\0LK9E\Agrrnt Est JPE 5 CLEAN.doc members to the Board. Upon the effective date of this Agreement, the Boise City Housing Authority will become an ex officio member of the Board. 3.04. Board members shall not receive compensation for their service on the Board, but may be reimbursed by the JPE for reasonable expenses incurred in conducting the business of the Board when the expenses are not paid for or reimbursed by the employing Member Public Agencies. 3.05. The principal office of the JPE shall be established by the Board and shall be located within the County of Ada, City of Boise. The Board may change the principal office from one location to another within the County of Ada. Any change of address shall be noted by the Board but shall not be considered an amendment to this Agreement. 3.06. The Board shall meet at a location as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board. A copy of such resolution shall be furnished to the Member Public Agencies. 3.07. In addition to regular meetings, the Board shall have an annual meeting at a location as may be designated by the Board on the second Monday of January of each year, or at such other time as the Board shall announce at least thirty (30) days in advance, for the purpose of setting the Annual Budget, electing officers and for the transaction of such other business as may come before the Board. Notice of the annual meeting shall be given to all directors of the Board in accordance with Section 8.02. 3.08. Except as otherwise provided herein, a simple majority of the voting Board Seats present at a properly noticed meeting, shall constitute a quorum for purposes of transacting business. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 9 CA\Documents and Settings\greent\Local SettingsUemporary Internet Fi1es\0LK9E\Agrmt Est JPE 5 CLEAN.doc 0 • 3.09. Except as otherwise provided in this paragraph, a majority of the weighted votes of a quorum may adopt any motion, resolution, or order and take any other action appropriate to carry forward the objectives of the JPE pursuant to this Agreement: a) A two-thirds (2/3) vote of all the weighted votes is required for the selection of the Operator; b) A two-thirds (2/3) vote of all the weighted votes is required for approval of the Annual Budget as outline in Section 4.04 of this Agreement; C) A two-thirds (2/3) vote of all the weighted votes is required for any material change to this Agreement; d) A two-thirds (2/3) vote of all the weighted votes is required to terminate this Agreement; e) A two-thirds (2/3) vote of all the weighted votes is required to add new Member Public Agencies to the JPE; and f) A two-thirds (2/3) vote of all the weighted votes is required for expenditures in excess of those budgeted. 3.10 The Board shall designate a recording secretary to establish, distribute, and post agenda notices as required by law, keep the minutes of all open meetings of the Board, and cause a copy of such minutes to be forwarded to each Member Public Agency within a reasonable time after each meeting. 3.11. The Board shall elect a Chair and Vice -Chair on an annual basis for the purpose of conducting Board meetings and performing other duties as may be required. In order to be elected as Chair or Vice -Chair, the individual must be a designated representative of a Member AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 10 CADocuments and Settings\greent\Local Settings\Temporary Internet Files\OLK9E\Agrmt Est JPE 5 CLEAN.doc 9 0 Public Agency with voting rights. The Vice -Chair may carry out all the duties of the Chair in his absence. 3.12. The names and titles of the individuals constituting the initial officers and who are to serve until the first annual meeting of the Board held under the provisions of this Agreement are: NAME TITLE Chairman Vice -Chairman 3.13. The Board may appoint an executive committee of not fewer than two voting Board members to serve at its pleasure, to act for it with respect to specifically delegated functions as established and set forth in the bylaws of the JPE. 3.14. The Board will select, appoint, and contract with an Operator. 3.15. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all relief, pension, disability, worker's compensation, and other benefits which apply to the activities or omissions of officials, officers, employees, volunteers, or agents of any of the Member Public Agencies when performing their respective functions for their respective Member Public Agency shall apply to such person(s) to the same degree and extent while they are assigned to the Board to perform and are performing any of the functions and other duties of the Board pursuant to authority granted by this Agreement. None of the officials, officers, agents, volunteers, or employees of a Member Public Agency appointed to the Board or performing services at the direction of the Board shall be deemed by reason of their appointment or service to be employed by any of the other Member Public Agencies or the Board or be subject to any of the requirements of the other Member Public Agencies. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 11 CADocuments and Settings\greent\Local Settings\Temporary Internet Fi1es\0LK9E\Agrmt Est RE 5 CLEAN.doc r� L 0 3.16. All meetings of the Board shall be governed under the provisions of the "Idaho Open Meeting Law," Idaho Code §§ 67-2340-2345. 3.18. All records of the JPE shall be maintained and provided and be subject to disclosure under the provisions of the Public Records Act, Idaho Code Sections 9-337 through 347. ARTICLE IV BUDGET AND DISBURSEMENTS 4.01. The Member Public Agencies have previously agreed to fund on a shared basis, through grants to the Boise City Housing Authority, the costs of acquiring real property and constructing the Facility through budgetary appropriations as follows: a) Department of Health and Welfare, State of Idaho - $500,000 Grant to Boise City Housing Authority. b) County of Ada - $250,000. C) The City of Boise — $1,035,000 CDBG Grant to the Boise City Housing Authority and devise of the real property located at 324 North Allumbaugh, Boise, Idaho. d) Boise City Housing Authority - $7,500. 4.02. Once construction is completed and the Facility is available to provide services to Eligible Recipients, the Member Public Agencies have agreed to request appropriations for the first fiscal years' Actual Annual Contribution to Operations as follows: a) Department of Health and Welfare, State of Idaho - $900,000 to be used to operate an eight (8) bed psychiatric unit to provide stabilization and medical care to psychiatric patients suffering from a sub -acute mental health crisis for an average length of stay of 3 to 5 days. b) County of Ada - $250,000 C) The City of Boise — $240,000 d) The City of Eagle — $16,000 e) The City of Meridian — $52,000 AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 12 CADocuments and Settings\greent\L.ocal Settings\Temporary Internet Fi1es\0LK9E\Agrmt Est RE 5 CLEAN.doc 4.03. In ensuing fiscal years, each Member Public Agency will determine, in its sole discretion, whether and in what amount it will request an appropriation for an Actual Annual Contribution to Operations. Each Member Public Agency's Actual Annual Contribution to Operations of the Facility is contingent upon appropriation by the governing body of each Member Public Agency of sufficient funds for that purpose. Each Member Public Agency retains the right to cease appropriations for the operations and maintenance of the Facility at the end of any fiscal year as determined by their respective governing authorities, provided, however, that a decision to cease appropriations shall be subject to the terms of Sections 6.02 and 6.05 below. 4.04. At the conclusion of each fiscal year, the Operator shall make a report to the Board regarding the excess or deficiency of revenues over (or under) expenditures. Such report shall include "budget to actual" comparisons based upon the previously adopted Annual Budget. The Operator shall prepare annually a proposed budget for the ensuing fiscal year that shall be submitted to the Board for consideration at least sixty (60) days prior to the Board's annual meeting. The Board shall review the proposed budget and shall approve and adopt an Annual Budget at the Board's annual meeting for the next Fiscal Year based upon the Operator's recommendations and pursuant to procedures developed by the Board. The Annual Budget shall set the Annual Proposed Contribution for each of the Member Public Agencies. The basis upon which each Annual Proposed Contribution is determined shall be set forth in the bylaws of the Association. 4.05. All funds received by the Board, will be placed in an object interest bearing account, managed and held in trust by Ada County on behalf of all the Member Public Agencies. The receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles. There shall be strict AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 13 CADocuments and Settings\greent\L.ocal SettingsUemporary Internet Fi1es\0LK9E\Agrmt Est ME 5 CLEAN.doe 0 0 accountability of all funds. All revenues and expenditures shall be reported to the Board on a quarterly basis, unless otherwise required by the Board. 4.06. All expenditures within the approved Annual Budget shall be made upon the approval of the Board in accordance with the rules, policies, and procedures adopted by the Board. No expenditure in excess of those budgeted shall be made without first obtaining approval from the Board upon a two-thirds (2/3) vote of all the weighted votes and the budget shall thereafter be revised and amended. 4.07. The records and accounts of funds held by Ada County shall be audited annually by an independent certified public accountant and any cost of the audit shall be paid by the JPE. Copies of such audit report shall be filed with each Member Public Agency no later than fifteen (15) days after receipt of said audit by Ada County. ARTICLE V LIABILITIES 5.01. Except as provided in Section 5.05, the Member Public Agencies intend to be fully protected from any loss, injury, liability, damage, claim, lawsuit, cost, or expense arising out of, or in any way related to, the performance of this Agreement. Accordingly, the provisions of this Agreement should be broadly construed in favor of'protection for the Member Public Agencies and interpreted to provide the fullest possible protection to the Member Public Agencies and Member Public Agency's officials, officers, agents, volunteers, and employees. 5.02. The Member Public Agencies intend to contract with an Operator that agrees to be solely responsible for and retain all debts, liabilities, and other obligations for all activities of the Facility. Further, the Operator must maintain sufficient insurance coverage in effect at all times to cover any such claim, loss, liability, or obligation, as recommended by and approved by the Board. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 14 CADocuments and Settings\greent\iocal SettingsUemporary Internet Fi1es\0LK9E\Agrmt Est JPE 5 CLEAN.doc 5.03. Except as provided in Section 5.05, the Member Public Agencies intend to contract with an Operator that agrees to protect, defend, indemnify, and hold free and harmless the Member Public Agencies, the JPE, the Board, and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by the Operator or employees of Operator, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the negligent acts or failure to act in the course and scope of carrying out their responsibilities in the performance of their duties. In addition, and without limiting the foregoing indemnification J obligation, the Operator must maintain sufficient insurance coverage in effect at all times as recommended by the Board, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation. 5.05. Member Public Agencies shall be responsible for the continued provision of worker's compensation coverage for the officers or employees of the Member Public Agencies that serve as Board members. In this regard, each Member Public Agency shall defend, indemnify, and hold harmless the Operator and any other Member Public Agencies, and their respective officials officers, employees, contractors, agents, and representatives with respect to any claim, loss, liability, damage, lawsuit, cost, or expense, including attorney's fees and costs, that arises out of, or is in any way related, to any industrial/worker compensation injury sustained by an officer or employee of the indemnifying Member Public Agency during the performance of service on the Board under this Agreement. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 15 CADocurnents and Settings\greent\L.ocal Settings\Temporary Internet Fi1es\0LK9E\Agnnt Est ME 5 CLEAN.doc 5.06. The Member Public Agencies will contract with an Operator that agrees to employ the principles of sound risk management in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects the JPE, the Board, and each Member Public Agency from adverse financial consequences. This may be accomplished in part through the purchase of appropriate commercial insurance. 5.07. The Operator shall act in an advisory capacity to the Board to provide guidance in the area of risk management, loss control, insurance procurement, and claims management. The Operator will be responsible for maintaining the original insurance policies and other risk management and insurance documents. 5.08. During the term of this Agreement, the Member Public Agencies will contract with an Operator that agrees to purchase and maintain sufficient amounts of commercial insurance coverage. The types, limits, retention levels, deductibles, policy forms, and carriers providing the above required insurance coverage's shall be recommended by the Operator to the Board for its approval, consistent with this Agreement. The Board may also seek other input prior to making the insurance requirement determination. 5.09 Ada County shall protect, defend, indemnify, and hold free and harmless the other Member Public Agencies and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by Ada County or employees of Ada County, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the negligent acts or failure to act in the AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 16 CADocurnents and Settings\greent\Local Settings\Temporary Internet Fi1es\0LK9E\Agrmt Est ME 5 CLEAN.doc 0 course and scope of carrying out the responsibilities in the performance of its duties to the JPE under Sections 2.08 and 4.05. ARTICLE VI ADMISSION AND WITHDRAWAL OF MEMBER PUBLIC AGENCIES 6.01. Additional public agencies may become signatories to this Agreement and Member Public Agencies of the JPE upon such terms and conditions as are determined by the Board and upon a two-thirds (2/3) vote of all the weighted votes. 6.02. Subject to paragraph 6.05, Member Public Agencies have the right to voluntarily withdraw from this Agreement, the JPE, or the Board at any time, in their sole discretion. 6.03. Member Public Agencies shall involuntarily withdraw from this Agreement and resign from the JPE and the Board, when a Member Public Agency fails to duly budget and appropriate, from revenues legally available to it for the ensuing fiscal year, its Annual Proposed Contribution. With the exception of the State of Idaho, Department of Health and Welfare, each Signatory's annual renewal of this Agreement shall be deemed to be exercised by a Member Public Agency upon the adoption by September 15 of any year, of a budget for the ensuing fiscal year, duly budgeting and appropriating the amount of money required to meet the Annual Proposed Contribution established by the Board for the ensuing fiscal year. The State of Idaho, Department of Health and Welfare's annual renewal of this Agreement shall be deemed to be exercised upon the adoption by April 15 by the Legislature of any year, of a budget of the ensuing fiscal year, duly budgeting and appropriating the amount of money required to meet the Annual Proposed Contribution payable by the State of Idaho established by the Board for the ensuing fiscal year. Within ten (10) days following the adoption of a budget duly budgeting and appropriating said funds of the ensuing year, each Signatory shall deliver to the Board a written AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 17, CADocuments and Settings\greent\Local Settings\Temporary Internet Fi1es\0LK9E\Agrmt Est JPE 5 CLEAN.doc statement certifying that it has duly budgeted and appropriated said funds for the ensuing fiscal year, which written statement shall be accompanied by a copy of the budget so adopted and a certified copy of the resolution or other official action of the governing board or authorized executive adopting said budget and appropriating said funds. The due appropriation of funds as aforesaid shall constitute a valid and enforceable obligation of the Signatory for the payment of such funds for the ensuing fiscal year for purposes specified. 6.04. In the case of a voluntary withdrawal, written notice shall be given at least sixty - days (60) days prior to the effective date of withdrawal except that such notice requirement may be shortened (i) by unanimous approval of the Board members present at the meeting at which the Board considers shortening the notice requirement., or (ii) upon breach of this Agreement by the Board or any Member Public Agency, in which case the withdrawing Member Public Agency may withdraw effective at any time. 6.05. Neither voluntary nor involuntary withdrawal shall relieve the withdrawing Member Public Agency of its obligations for Actual Annual Contributions to Operations already appropriated in the fiscal year prior to the effective date of the Member Public Agency's withdrawal. ARTICLE VII TERMINATION AND DISPOSITION OF ASSETS 7.01. The JPE shall continue to exist and exercise the powers herein until this Agreement is terminated by a vote of two-thirds (2/3) of all the weighted votes; provided, however, that no termination shall be complete and final until the Operator has satisfactorily disposed of all financial obligations and claims, distributed all assets, and performed all other functions deemed necessary by the Board to conclude the affairs of the Association. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 18 CADocuments and Settings\greent\Local SettingsUemporary Internet Files\OLK9E\Agnnt Est ME 5 CLEAN.doc 7.02. Termination shall occur upon: a) The written consent of two-thirds (2/3) of all the weighted votes; or b) Upon the withdrawal from the Board of a sufficient number of the Member Public Agencies that results in a lack of effectiveness as. determined by a two-thirds vote of the remaining Board members; 7.03. In the event of the termination of this Agreement, any funds remaining following the discharge of all obligations shall be disposed of by returning to each current Member Public Agency of the Association immediately prior to the termination of this Agreement, a share of such funds proportionate to the contribution made to the Association by said Member Public Agency in the fiscal year immediately prior to the termination of this Agreement. 7.04. Notwithstanding any other provisions of the Agreement, the Member Public Agencies agree to abide by the following procedure for selling of assets in the event the Agreement is terminated unless an alternate method of dissolution is required by the funding or origin or otherwise by law. The assets shall be given a fair market value by an appraiser agreed upon by the Board. Before the assets are sold on the open market, the Member Public Agencies each shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board which may include a financing arrangement for the purchaser to allow for a transition period after the termination of this Agreement. If an agreement cannot be reached concerning a purchase of the assets, then they shall be sold on the open market. Proceeds from the sale of assets upon termination of the Agreement shall be distributed to the Member Public Agencies in a manner consistent with the cost-sharing format outlined in Paragraph 7.03 of this Agreement. ARTICLE VIII MISCELLANEOUS 8.01. This Agreement may be materially amended upon a two-thirds (2/3) vote of all the weighted votes; provided, however, that no amendment may be made that would adversely AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 19 CADocuments and Settings\greent\Local SettingsUemporary Internet Fi1es\0LK9E\Agrmt Est ME 5 CLEAN.doc • • affect the interests of the owners of bonds, letters of credit, or other financial obligations of the Association. 8.02. Any notice or instrument required to be given or delivered shall be provided by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the Member Public Agencies, at the following address: 8.02.1 Ada County Attn. Board of Ada County Commissioners 200 W. Front Boise, ID 83702 8.02.2 City of Boise 150 N. Capitol Blvd. P.O. Box 500 Boise, ID 83701 8.02.3 City of Eagle 310 E. State Street P.O. Box 477 Eagle, ID 83616 8.02.4 City of Meridian 33 E. Idaho Meridian, ID 83642 8.02.5 Boise City Housing Authority 1276 River Street, Suite 300 Boise, ID 83702 8.02.6 Director, Department of Health and Welfare 450 West State Street Boise, ID 83720-0036 Any notice so given shall be deemed to have been received by the Member Public Agency to whom the same is addressed at the expiration of five (5) days after deposit of the same in the United States Post Office. Any Member Public Agency may change the address or designee to whom notices shall thereafter be given upon five (5) days prior written notice to the other Member Public Agencies in the manner set forth in above. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 20 CADocuments and Settings\greent\Local Settings\Temporary Internet Fi1es\0LK9E\Agrmt Est RE 5 CLEAN.doc 8.03. This Agreement shall be effective upon the date stated on page one of this Agreement. 8.04. Member Public Agencies by being Signatories to this Agreement, do not waive any immunities or limitations of liability provided to them, the state of Idaho or their respective employees by an law of this state or nation. No official, officer or employee of the Operator or any Member Public Agency shall have any financial interest, direct or indirect, in the JPE or the Facility. Nor shall any such officer or employee participate in any decision relating to the JPE or the Facility that affects his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectly interested, in violation of any State law or regulation. 8.05. Any controversy or claim between any Member Public Agencies, or between any such Member Public Agency or Member Public Agencies and the Operator, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to mediation. The Member Public Agency desiring to initiate mediation shall give notice of its intention to every other Member Agency and the Operator. Such notice shall designate such other Member Public Agencies as the initiating Member Public Agency intends to have bound by any award made therein. Each Member Public Agency involved in the mediation shall bear its own legal costs, including'attorney fees. 8.06. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 21 CADocuments and Settings\greent\iocal Settings\Temporary Intemet Fi1es\0LK9E\Agnnt Est JPE 5 CLEAN.doc 8.07. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Member Public Agencies hereto. 8.08. A Member Public Agency shall not assign any rights or obligations under this Agreement without the written consent of all other Member Public Agencies. 8.09. The governing authorities of the Member Public Agencies enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. 8.10. This Agreement, supersedes any and all other agreements whether oral or written, between the Signatories hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by the all the Member Public Agencies, hereto. 8..11. This Agreement is perpetual unless terminated or dissolved as hereinbefore provided. 8.12. This Agreement shall be governed and interpreted in accordance with the laws of the State of Idaho. 8.13. It is anticipated that there will be other public agencies joining as Member Public Agencies of the JPE who will be required to sign as Signatories to this Agreement as a joint exercise of their powers and there shall be prepared a separate signature page for each such public agency, the original of which shall, upon approval of the Board, be appended to this Agreement. AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 22 CADocuments and Settings\greent\Local SettingsUemporary Internet Fi1es\0LK9E\Agrmt Est RE 5 CLEAN.doc CITY OF BOISE By: Dave Bieter, Mayor ADA COUNTY By: Commissioner By: Commissioner By: Commissioner CITY OF EAGLE By: Phil Bandy, Mayor CITY OF MERIDIAN By: Tammy de Weerd, Mayor STATE OF IDAHO DEPARTMENT OF HEALTH AND WELFARE By: Richard M. Armstrong, Director Dated: Dated: Dated: Dated: Dated: Dated: Dated: AGREEMENT ESTABLISHING A JOINT POWERS ENTITY - Page 23 CADocuments and Settings\greent\Local Settings\Temporary Internet Fi1es\0LK9E\Agnnt Est RE 5 CLEAN.doc United Way CONSTRUCTION REVENUES of Treasure Valley City of Boise (CDBG Grant) . $1,035,000 IDH&W Service Component Grant 500,000 Ada County 250,000 Boise Open Golf Shoot -Out (JA&KA Foundation) 330,000 HHS Earmark Appropriations (Start-Up/FF&E/etc.) 383,187 HUD Earmark Appropriations 171,500 United Way of Treasure Valley 50,000 Community Detox Coalition (SHIP is fiscal agent) 10,000 Boise City/Ada County Housing Authority 7500 TOTAL REVENUE $2,737,187 Services - CONSTRUCTION EXPENSES Tvpe: Face Brick w/Concrete Block Back-Up/Steel Frame/Green Building Components Stories: 1; Story Height: 10'; Floor Area: 8,646 sq. ft.; No Basement; Union Wage Rate Substructure - Rain Water Drainage Standard Foundation $ 15,616 Slab on Grade 41,276 Excavation 1,650 Shell - Lighting and Branch Wiring Floor Construction 17,200 Roof Construction 152,500 Exterior Walls 65,500 Exterior Windows 63,500 Exterior Doors 1,075 Roof Coverings (metal) 65,000 Roof Openings 955 Interiors - TOTAL CONSTRUCTION COST ($181.90 per sq. ft.) Partitions 17,500 Interior Doors 7,700 Wall Finishes 12,300 Floor Finishes 25,900 Ceiling Finishes 11 500 Services - ' Plumbing Fixtures 217,500 Domestic Water Distribution 223,000 Rain Water Drainage 19,100 Terminal/Package Units (radiant floor heat/roof AC) 119,500 Standpipes 15,300 Electrical Service/Distribution 43,500 Lighting and Branch Wiring 68,500 Communications and Security 25,600 Other Electrical Systems 5,425 Equipment & Furnishings - Other Equipment (back-up generator) 35,400 Site Development 95 550 Sub -Total ($158.17 per sq. ft.) $1,367,547 General Contractor (O&P) (15%• $23.73 per sq ft) 205 132 TOTAL CONSTRUCTION COST ($181.90 per sq. ft.) $1,572,679 Pagel of 3 Region IV Substance Abuse and Mental Health Crisis Center (May, 2008) •r n United Way of Treasure Valle SOFT COSTS — r Architectural Fees (A&E) (10%; $18.19 per sq. ft.) $ 157,268 Building Permit and Fees ( 2%; $ 3.64 per sq. ft.) 31,454 Contingency Fee (21%; $38.20 per sq. ft.) 325,859 Project Management Fee (BC/ACHA) (18%; $32.74 per sq. ft.) 283,055 Inflationary Cost 1(8% $16 90 ner sq ft) 146,123 Total Soft Costs ($109.16 per sq. ft.) $ 943,759 TOTAL DEVELOPMENT COST ($291.05 per sq. ft.) $2,516,438 OTHER COSTS — FF&E and Start -Up ($25.53 per sq. ft.) $ 220,749 _Boise City Owned Land Valued of $310,000 (purchased w/prior CDBG funds) 0 TOTAL PROJECT COST ($316.58 per sq. ft.) Page 2 of 3 Region IV Substance Abuse and Mental Health Crisis Center $2,737,187 (May, 2008) .r United Way ofTreazui. Valley ANNUAL OPERATING REVENUES State of Idaho, Region IV Department of Health and Welfare $900,000 Ada County 250,000 City of Boise 240,000 City of Meridian 52,000 City of Eagle 16,000 Saint Alphonsus Regional Medical Center 200,000 Saint Luke's Regional Medical Center 150,000 Third Party Reimbursement - Billable Services 50 000 TOTAL REVENUE $1,858,000 ANNUAL OPERATING EXPENSES Personnel Expenses Salary and Benefits Program Administrator/Treatment Superintendent/Clinic Director $ 97,000 Detox Technicians 135,000 Detox Nursing Assistance 235,000 Mental Health Technicians 160,000 Mental Health Nursing Assistance 230,000 Detox Specialized Medical Support Staff (as -needed) 85000 Mental Health Medical Specialized Support Staff (as -needed) 150,000 Food Service (kitchen & staff) 20,000 Housekeeping/Janitorial 21,500 Receptionist/Accounts Payable Clerk 46,500 Total Staffing. Expenses $1,180,000 Operation and Maintenance Expenses Utilities - electric, natural gas $ 20,000 Phone/DSL 15,000 Water/Sewer/Trash & BIO HAZARDOUS Waste 75,000 Food and Kitchen supplies 95,000 Yard Care/Landscaping 20,000 Clothing (scrubs, etc.) 25,000 Staff Training and Certification 25,000 Copier/Maintenance & Printing 10,000 Medical Supplies 80,000 Pharmacy 60,000 Labs/Drug Tests 55,000 Office Supplies & Cleaning Supplies 18,000 Insurance (general liability, director/officers insurance, etc.) 65000 Software Licensing 10,000 Travel & Meeting Expenses 5,000 Security Service (for sobering station) 70,000 BC/ACHA reimbursements 30000 Total Other Operation Expenses $678,000 TOTAL DIRECT OPERATION COST $1,858,000 Page 3 of 3 Region IV Substance Abuse and Mental Health Crisis Center (May, 2008) September 19, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Legal Department ITEM NO. REQUEST Ingress -Egress Easement for Generations Plaza Parking b r1C rl C-'nnrlifinn of \/ A f- 00 nnlC f... +6... o....4:_1 _r x,_ --,I .�II%.NZWI vclvvC;cl I v11IC oc IUUIIV /1Vef1Ue 6-C-2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached 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. 1 • • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 i BOISE IDAHO 11113108 0230 PM .� -DEPUTY PatB Thompson III IllllIllllilllllllllllllllillll III RECORDED—REQUEST OF ACHD 1.081.23775 INGRESS EGRESS EASEMENT THIS INGRESSEGRESS EASEMENT (the "Easement'), is made and entered into this`J� day of e [ , 2008, by and between The City of Meridian, an Idaho Municipal Corporation, hereinafter referred to as "Grantor," and the . ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter referred to as "ACHD." WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Recitals. 1.1 Grantor owns the real property located in Ada County, Idaho more particularly described and depicted on Exhibits "A" and "B" respectively, attached hereto and by this reference incorporated herein (hereinafter "Servient Estate"). 1.2ACHD has jurisdiction over the public rights-of-way and highways in Ada County, Idaho, and those which adjoin and are adjacent to the Servient Estate (hereinafter the "Dominant Estate"). 1.3 ACHD is vacating a portion of a 16 foot wide alleyway intersecting N. Main Street between E. Pine and E. Idaho Avenues, located in Block 5 of the Amended Plat of the Townsite of Meridian, depicted on Exhibit "B" (hereinafter referred to as the "Partial Alley Vacation"). The remaining portion of the alley on this block shall remain open to the public. 1.4 The Servient Estate is a portion of a developed public parking lot and is adjacent to the portion of the alley to remain open to the public. 1.5 As a condition of approving the Partial Alley Vacation, ACHD desires to obtain an easement and public right-of-way on, over and across the Servient Estate to provide access, connectivity, and circulation between the alley and Pine Avenue, and for the purposes hereinafter described, and, for the consideration and on the terms and conditions hereinafter set forth, Grantor is willing to grant such easement and public right-of-way to ACHD. Right -of -Way Easement, page 1 • SECTION 2. Grant and Authorized Use; Non-exclusive Easement. Grantor hereby grants to ACHD a non-exclusive ingress and egress easement for a 'public right-of-way on, over, under and across the Servient Estate for use by ACRD and the public, including but not limited to, members of the public driving vehicles, those who are pedestrians (as defined in Idaho Code, section 49-117) and those who are bicyclists, and for ingress and egress for utilities to exercise their statutory rights to use the public right-of-way, if any. SECTION 3. Improvements; Repair and Maintenance 3.1 ACHD acknowledges that the improvements on the Servient are sufficient for the purposes of this non-exclusive easement and that no additional construction shall be required by Grantor. 3.2 Grantor agrees to maintain and repair the improvements at its sole cost and expense. SECTION 4. Indemnification. Subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all claims, actions or judgments and expenses (including, without limitation, reasonable attorneys' fees incurred by Grantor in defense thereof) for damages, injury or death caused by or arising out of the public's use of the Servient Estate for the purposes set forth in this Easement. SECTION 5. Attorneys Fees and Costs In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 6. Term; Extinguishment. The term of this Easement is perpetual, unless amended or terminated by mutual agreement of the parties. SECTION 7. Covenants Run with the Land . Throughout the term of this Easement, it shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the Dominant Estate, and shall run with the land. SECTION 8. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as if set forth in full herein. Right -of -Way Easement, page 2 SECTION 9. Notices. All notices given pursuant to this Easement shall be in writing and shall be given by personal delivery, by United States Mail Certified, Return Receipt Requested, or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below. Grantor: ACHD: City of Meridian, Attention City Clerk 33 East Idaho Avenue Meridian, Idaho 83642 Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 SECTION 10. Recordation. This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. Grantor covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate for the non-exclusive purposes granted herein; and, (b) Grantor warrants to the ACHD that Grantor is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. Grantor CITY OF ME 3Z Tammy de�d, Mayor � M �� TF O Attest, y Clerk = BEAL = SCR o 9 �Usr is, UN-,�,;,,,,,,,, 'III I Right -of -Way Easement, page 3 ADA COUNTY HIGHWAY DISTRICT EXHIBIT LIST Exhibit "A" — Legal Description of Servient Estate Exhibit "B" — Depiction of Servient Estate Right -of -Way Easement, page 4 0 • State of Idaho ) ss. County of Ada } �On this day of i% in the year 2008, before me, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee Holman, know or identified to me to be the Mayor and City Clerk of the City of Meridian, Idaho, the persons who respectively executed and attested this instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation 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. ayflno oe ary Public for the State of Idaho Z Y • Residing at --CCO ( U Idaho O " IV° My Commission expires I °©®o6��i�q e ©08®09, State of Idaho ) } ss. County of Ada } On thi - '� day o �-, in the year 2008, before me, S L,sa <,� ta-y-c kA --.r- , a Notary Public in and for the State of Idaho, personally appeared William J. Schweitzer, know or identified to me to be the Director of the Ada County Highway District, the person who executed this instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �.• �pTA1�Y�;"p .C-15• •• p lBL •100., d>, •••••••••••••P OS•' ,•. O '• ; OF "too. 1 ..•� .ia•up Right -of -Way Easement, page 5 Notary Public for the State of Ida Residing at d,A�. , Idaho My Commission expires 4 -S - 2 n 1 • C� `PEALEY'S i AND 91swest Jefferson Street V Boise. Idaho 83702 SURVEYING 385.0036 W (208) 385-0688 Project, No.. 2222 Date: September 15, 2000 DESCRIMON FOR ` INGRESS -EGRESS EASEMENT NO.2 A 20 -foot ingress -egress easement being portions of Lots IS and 16 of Block 5 of the Amended Plat of the Townsite of Meridians, as filed for record in the office of the Ada County Recorder,_Bpise, Idaho in Book 1 of Plats at page 30 and a portion of vacated East Pine Street,.as shown in fastrument No. 98219 and City of Meridian Ordinance No. 72 lying in the SW 1/4 of Section 7, UN., R.1E,, B.M., Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at a point marking the Southeast comer of said Lot 16 of Block 5 of the Amended Plat of the Townsite of Meridian; thence along the South boundary of said Lot 16 North 88°20'26" West 10.00 fectto a point; thence leaving said South boundary North 00°57'38" East 123.73 feet to a point on the South right-of-way line of said East Pine Street; thence along said South right-of-way line South 89648'44" East 20.00 feet to a point; thence leaving said South right-of- way line South 00°57'38" West 124.25 feet to a point on the South boundary of said Lot 15; thence along said South boundary of Lot 15 North 881120126" West 10.00 feet to the POINT OF BEGINNING. EXHIBIT "A" • aQ a v M�f 1MAr� ay /arta. PINE STREET Fast �nz rs w .ac � u�:.:r ^� a .an--�}a• irU ff + fit::_ �� :>::_ _'�•� �`--�ON AM Mlil ori ,:;•i.� i • I o,-r-� —_ �..-.—�_ Ifi)L'IS Ims�it�`L`i✓Y/,' t� '*`—= rchitects INGRESS EGRESS EASEMENT THIS INGRESS EGRESS EASEMENT (the "Easement"), is made and entered into this day of '2008, by and between The City of Meridian, an Idaho Municipal Corporation, hereinafter referred to as "Grantor," and the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter referred to as "ACHD." WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Recitals. 1.1 Grantor owns the real property located in Ada County, Idaho more particularly described and depicted on Exhibits "A" and "B" respectively, attached hereto and by this reference incorporated herein (hereinafter "Servient Estate"). 1.2 ACHD has jurisdiction over the public rights-of-way and highways in Ada County, Idaho, and those which adjoin and are adjacent to the Servient Estate (hereinafter the "Dominant Estate"). 1.3 ACHD is vacating a portion of a 16 foot wide alleyway intersecting N. Main Street between E. Pine and E. Idaho Avenues, located in Block 5 of the Amended Plat of the Townsite of Meridian, depicted on Exhibit "B" (hereinafter referred to as the "Partial Alley Vacation"). The remaining portion of the alley on this block shall remain open to the public. 1.4 The Servient Estate is a portion of a developed public parking lot and is adjacent to the portion of the alley to remain open to the public. 1.5 As a condition of approving the Partial Alley Vacation, ACHD desires to obtain an easement and public right-of-way on, over and across the Servient Estate to provide access, connectivity, and circulation between the alley and Pine Avenue, and for the purposes hereinafter described, and, for the consideration and on the terms and conditions hereinafter set forth, Grantor is willing_ to grant such easement and public right-of-way to ACRD. Right -of -Way Easement, page 1 • • SECTION 2. Grant and Authorized Use; Non-exclusive Easement. Grantor hereby grants to ACHD a non-exclusive ingress and egress easement for a public right-of-way on, over, under and across the Servient Estate for use by ACHD and the public, including but not limited to, members of the public driving vehicles, those who are pedestrians (as defined in Idaho Code, section 49-117) and those who are bicyclists, and for ingress and. egress for utilities to exercise their statutory rights to use the public right-of-way, if any. SECTION 3. Improvements; Repair and Maintenance. 3.1 ACHD acknowledges that the improvements on the Servient are sufficient for the purposes of this non-exclusive easement and that no additional construction shall be required by Grantor. 3.2 Grantor agrees to maintain and repair the improvements at its sole cost and expense. SECTION 4. Indemnification. Subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor from and against all claims, actions or judgments and expenses (including, without limitation, reasonable attorneys' fees incurred by Grantor in defense thereof) for damages, injury or death caused by or arising out of the public's use of the Servient Estate for the purposes set forth in this Easement. SECTION 5. Attorneys Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 6. Term, Extinquishment. The term of this Easement is perpetual, unless amended or terminated by mutual agreement of the parties. SECTION 7. Covenants Run with the Land.. Throughout the term of this Easement, it shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the Dominant Estate, and shall run with the land. SECTION 8. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as if set forth in full herein. Right -of -Way Easement, page 2 SECTION 9. Notices. All notices given pursuant to this Easement shall be in writing and shall be given by personal delivery, by United States Mail Certified, Return Receipt Requested, or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below. Grantor: ACRD: City of Meridian, Attention City Clerk 33 East Idaho Avenue Meridian, Idaho 83642 Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 SECTION 10. Recordation. This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. Grantor covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate for the non-exclusive purposes granted herein; and, (b) Grantor warrants to the ACHD that Grantor is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. Grantor CITY OF MERIDIAN by Tammy de Weerd, Mayor Attest, City Clerk Right -of -Way Easement, page 3 ADA COUNTY HIGHWAY DISTRICT by EXHIBIT LIST William J. Schweitzer, Director Exhibit "A" — Legal Description of Servient Estate Exhibit "B" — Depiction of Servient Estate Right -of -Way Easement, page 4 State of Idaho ) ss. County of Ada ) On this day of , in the year 2008, before me, , a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee Holman, know or identified to me to be the Mayor and City Clerk of the City of Meridian, Idaho, the persons who respectively executed and attested this instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation 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 the State of Idaho Residing at My Commission expires State of Idaho ) ss. County of Ada ) Idaho On this day of , in the year 2008, before me, a Notary Public in and for the State of Idaho, personally appeared William J. Schweitzer, know or identified to me to be the Director of the Ada County Highway District, the person who executed this instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at , Idaho My Commission expires Right -of -Way Easement, page 5 Tri ALETS LAND 916'west Jefferson Street o Boise. Idaho 93702 SURVEYING (306) 3950836 71 Fox (200) 3a5-0696 - U -j Project, No.. 2222 Date: September 15, 2000 DEStCKIPTION FOR INGRESS -EGRESS EASEMENT NO.. 2 A 20 -foot ingress -egress easement being portions of Lots 15 and 16 of Block 5 of the Amended Plat of the Townsite of Meridian, as filed for record in the office of the Ada County Recorder,_Bbise, Idaho in Book l of Plats at page 30 and a portion of vacated East Pine Street,:as ihowa in Instrument No. 98219 and City of Mcridian Ordinance No. 72 lying in the SW 114 of Section 7, UN.,1L1E., B,M., Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at a point marking the Southeast corner of said Lot 16 of Block 5 of the Amended Plat of the Townsite of Meridian; thence along the South boundary of said Lot 16 North 881120'26" West 10.00 fcct: to a point; thence leaving said South boundary North 00°57.38" Sost 123.73 feet to a point on the South right•of-way line of said East Pine Street; thence along said South right-of-way line South 89°48'44" East 20.00 feet to a point; thence Leaving said South right-of- way line South 00051'38" West 124.25 feet to a point on the South boundary of said Lot 15, thence along said South boundary of Lot 15 North 88020126" West 10.00 feet to the POINT OF BEGINNING. EXHIBIT "A" a I � � �rto, oF' ' PINE STREET fast M1 �1� �• - I,l�rL�-i :� ��'!i -� \ail ,c ,�en7�+ %t M Mf �7 Y t .I, ' .i' f ~�� �•F�'r i r ui =�A{t��t MSS, ,Iz1� 00 Ini�`L INNI / 27 s associate fL!l9tulY,lii�[, rchetects EXHIBIT "B" Page 1 of 1 Tara Green From: Ted Baird Sent: Friday, September 19, 2008 11:38 AM To: Tara Green Cc: Jaycee Holman; Bill Nary; 'Bencorp.' Subject: Documentation for City Attorney Department Report Attachments: Generations%20PIaza%2011%20VAC%2000-005.pdf; ACHD Reso re Vac 00-005.PDF Bill has approved the addition of a department report for 9/23 regarding the following item: Ingress -Egress Easement for Generations Playa Pnrkinn Int --;-4 ___ .._ __ .. ,... __ _ _ _ _ I have attached the documentation from the City and ACHD approvals in the year 2000. The required access easement was never submitted to ACHD, so the vacation was never completed. The easement provides circulation and access through the Generations Plaza parking lot for vehicles using the portion of the alley that is not being vacated. There is a diagram showing the location of the easement in the ACHD materials. ACHD is prepared to issue a new resolution vacating the alley in the portion of the block adjacent to Generations Park and they have requested the easement from the City as a condition of the vacation. I am putting the finishing touches on the easement document and will transmit it to you shortly. Thank you. 9/19/2008 September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT ITEM NO. S REQUEST Request for Reconsideration for Overland Village by Relo Development AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: ► 1 n CITY FIRE DEPT:` CITY BUILDING DEPT: /\ CITY WATER DEPT: j ®y _v 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. • • September 19, 2008 AZ 08-001 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Relo Development ITEM NO. 9 REQUEST Findings for Denial -- Request for Annexation and Zoning of 9.06 acres from RUT and R zone to C -G zone for Overland Village --3330 East Overland Road 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: COMMENTS Vftcaj-JL, b,� 0.vVk-� Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • September 19, 2008 VAC 08-001 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Relo Development ITEM NO. 10 REQUEST Findings for Denial -- Request for a Vacation of the existing right of way of S. Rackham Way for Overland Village — 3330 East Overland Road 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: COMMENTS See attached Minutes bac o -i -c F01 -\--j Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 19, 2008 FP 08-015 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Providence Development, LLC ITEM NO. REQUEST Request for Final Plat approval for 19 single-family residential building lots and 7 common lots on 6.78 acres in an R-4 zone for Bancroff Estates Subdivision 2180 East Amity Road 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 Staff Report / See attached Comments See attached Comments BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PROVIDENCE DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 19 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 7 COMMON LOTS ON 6.78 ACRES IN AN R-4 ZONING DISTRICT LOCATED AT 2180 E. AMITY ROAD IN THE W % OF THE SE '/ OF THE SW '/ OF SECTION 29, T. 3N., R. 1E. C/C September 23, 2008 CASE NO. FP -08-015 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter corning before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on September 23, 2008, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 23, 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 BANCROFT ESTATES SUBDIVISION LOCATED AT 2180 E. AMITY ROAD IN THE W'/z OF THE SE'/ OF THE SW '/ OF SECTION 29, T. 3N., R. 1E., BOISE MERIDIAN, MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BANCROFT ESTATES SUBDIVISION / (FP -08-015) Page 1 of 4 • 0 COUNTY, IDAHO 2008, HANDWRITTEN DATE: 08/25/08, SHEET 1 OF 3, BAILEY ENGINEERING, INC.", PROVIDENCE DEVELOPMENT, 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 Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 23, 2008, listing 12 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 18 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 6 pages, and by this reference incorporated herein, and the response letter from Bailey Engineering, 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, and by this reference incorporated herein, and the response letter from Nampa & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their September 23, 2008 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BANCROFT ESTATES SUBDIVISION / (FP -08-015) Page 2 of 4 • 0 mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater. Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BANCROFT ESTATES SUBDIVISION / (FP -08-015) Page 3 of 4 0 0 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 may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day OFTammy de eerd � T� ti %Mayor, ity of Meridian Attest: = SEAL Jaycee IUlman, City Clerk '9p vsT ts� flUNTy • ����``• Copy served upon Applicant, the Planrfing and • '0 .- g Department, Public Works Department, and City Attorney. By,� � Dated: 'o' 15-06 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BANCROFT ESTATES SUBDIVISION / (FP -08-015) Page 4 of 4 CITY OF MERIDIAN PLAING AND PUBLIC WORKS DEPARANTS STAFF REPORT E IDIAN4 STAFF REPORT: Meeting Date: September 23, 2008 \4!LH H O Transmittal Date: September 18, 2008 TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner 208-884-5533 . Scott Steckline, Development Services Coordinator S5 208-898-5500 SUBJECT: Bancroft Estates Subdivision Request for Final Plat Approval of Bancroft Estates Subdivision Consisting of 19 Single -Family Building Lots and 7 Common Lots on 6.78 Acres in an R-4 Zoning District, by Providence Development, LLC (File# FP -08-015). 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, Providence Development, LLC, has applied for final plat approval of 19 single-family building lots and 7 common lots on 6.78 acres of land for Bancroft Estates Subdivision. The zoning district for the proposed subdivision is R-4 (Medium -Density Residential District). The gross density for this subdivision is 2.8 dwelling units per acre. The net density is 4.502 dwelling units per acre. Bancroft Estates Subdivision is located on the north side of Amity Road, approximately a '/ mile east of Locust Grove Road in the SW '/< of Section 22, T. 4N., R. 1W. This property has not been previously platted. The proposed subdivision was preliminary platted as Cottswold Village Subdivision. The City Council approved the preliminary plat for Cottswold Village Subdivision on December 12, 2006. The submitted final plat substantially complies with the approved preliminary plat. The City Council approved a final plat called Estancia Subdivision No. 2 (originally preliminary platted as Cottswold Village Subdivision) on March 20, 2007. The approved final plat for Estancia Subdivision No. 2 has not been recorded, and will no longer be a valid approval if the subject final plat for Bancroft is approved. Because of changes in the residential building market, the applicant has decided to change the phasing plan for the subdivision. To avoid confusion the change may have created, the applicant has chosen to change the subdivision name to Bancroft Estates. Staff recommends approval of Bancroft Estates Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved, annexation (AZ -06-004), preliminary plat (PP -06- 044), and final plat (FP -08-015). Exhibit "A" FP -08-015 Bancroft Estates Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPARANTS STAFF REPORT 2. If the City Engineer's signature has not been obtained by 12/12/08, the Final 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 findings, install no parking signs in the cul-de-sac. 5. Revise or add the following note(s) on the face of the plat prepared by Bailey Engineering, Inc, stamped on 08/25/08 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: 8.) Revise to read, ... shall b r ��s—in compliance with the applicable zonin¢ reQ,ulations of the City of Meridian at the time of submittal". 10.) Delete note. 11.) Revise note to accurately reflect the combined easement for irrigation and the sidewalk located within Lot 1 Block 1 and Lot 1 Block 2. *.) The plat shall be stamped and signed by the surveyor. 6. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed, relocated, or made to conform to City Code. 7. Prior to the issuance of any building permits, the property shall be subdivided in accordance with the UDC. 8. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 9. The landscape plan, prepared by Jensen Belts Associates and dated 09/18/08 is approved with the following changes: a. The trees located within the parkways shall be class H trees, revise plan accordingly (UDC 11-3A-17E). b. Label the fencing type adjacent to Lot 1, Block 1, Lot 1 Block Sand Lot 1 Block 2. 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. 10. 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. 11. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be 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. Exhibit "A" FP-08-015 Bancroft Estates Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPARANTS STAFF REPORT 12. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. 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 City Engineer shall not sign the plat for this development prior to the Black Cat Trunk connecting to the Glacier Springs Diversion Manhole, or the applicant shall be required to install an "Off Peak Pumping Station" in a location coordinated with the Public Works Department. The design shall be coordinated with the Public Works Department. 4. 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 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. 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. 6. 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. 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. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Exhibit "A" FP -08-015 Bancroft Estates Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLA AND PUBLIC WORKS DEPARENTS STAFF REPORT 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 13. 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. 14. 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. 15. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9,44 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 16. 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 is at least 1 -foot above. 17. 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 ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 18. 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 Bancroft Estates Subdivision (FP -08-015) with the above stated comments and conditions. Exhibits 1. Submitted Final Plat 2. Submitted Landscape Plan Exhibit "A" FP -08-015 Bancroft Estates Subdivision FP.doc PAGE 4 CITY OF MERIDIAN PLAOING AND PUBLIC WORKS DEPAR*NTS STAFF REPORT Submitted Final Plat �®ppm_ SOMME �ilE�ww= PLAT SHOWING BANCROFT ESTATES SUBDIVISION LOCATED IN THE WEST 1/2 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 29, T.SN., R.IE., B.M.• MERIDIAN, ADA COUNTY, IDAHO Noes:_ N4]3'31'ENe9]r3rL 2004 � :,M a•. ..-.. ;nw� .� [�A .r >.. 'n) m.Se s�oD' „e.'�w."er.._"":.l%.�,.>r••,. ,. .wd.vw..w.m. E. [ wom si. y s g `I •"° ••-...-r+.......w �..., ...w ...ter........ r^ `J r uRPLI.rTm b—� � .) 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O '�1 • 1 zd E. iW sr. r REK odM a e[[mN.s ]_30I]zv S.]Io4 ]1 I U �rF ' 1 •E AYTT ROAD Neiv]]IY ]flO,M' G -S DE GE— dLy I..AbTr Plo a o . m•[ DO 130 !CALL N rEEI 1- . 67 1.311 R.A.Lp'+,�1 v rt,v, .orw, ws •u, e-A(Allry Ergineeedin rr�c C(NL EIalrae w F 1 C= SHEET 1 OF ]q'� Exhibit "A" FP -08-015 Bancroft Estates Subdivision FP.doc PAGE 5 11 Submitted Landscape Plan P',ANT SGEPULE LANDSCA-E CALOLLAIICK5 NOTES. ............ M�,TAK1116 _ _a�11161' F 5- I N 0 7) w Lli BANCROFT ESTATES SUBDIVISION MERIDIAN, IDAHO SEPTEHBER 18. 2008 M�,TAK1116 _ _a�11161' Exhibit "A" FP -08-015 Bancroft Estates Subdivision FP.doc PAGE 6 Aley EngIneerIng, Inc. Exhibit "A" FP -08-015 Bancroft Estates Subdivision FP.doc PAGE 6 ailey Engineer ing,lnc. CIVIL ENGINEERINGIPLANNINGICADD September 23, 2003 Mayor& Council Meridian City 33 East Idaho Avenue Meridian ID 83642 RE: Bancroft Estates FP 08-015 Dear Mayor& Council On behalf of Providence Development LLC I would like to state our agreement with the proposed conditions of approval 11or the final plat of Bancroft Estates Subdivision. I have reviewed the stab' report for Bancroft :Estates Subdivision (FP 08-015) and with some clarifications from staff as to their interruption about how those conditions can be complied with my clients Providence Development are in agreement with the statf'report. Sincerely .. Ke ro - Bailey Engineering 1472 E. Iron Eagle Drive ♦ Eagle, Idaho 83616 ♦ rel.: 208-938-0013 * Fax: 208-938-0516 www.baileyengineers.com Exhilit'B* 0 3 September 2008 City of Meridian City Clerk's Office Jaycee Holman 33 East Idaho Avenue Meridian, 1D 83642 0 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463.0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 L'7Y RE: FP 08-015/Bancroft Estates Subdivision Dear Jaycee: { Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Suzy Hewlett at 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, A C --- , Greg Curtis Nampa & Meridian Irrigation District GC/dbg C: File - Office/Shop APPROXIMATE IRRIGABLE ACRES Exhibit X— RIVER FLOW RIGHTS - 23.000 BOISE PROJECT RIGHTS - 40,000 0 September 19, 2008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Una Mas, LLC ITEM NO. 12 REQUEST Continued Public Hearing from August 26, 2008 -- Request for Preliminary Plat approval of 21 building. lots on 12.62 acres for Una Mas -- 3945 East Ustick Road 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: COMMENTS See Previous Item Packet / Minutes See attached Recommendations C�us_, PH to j0"20 -07r MERIDIAN POST OFFICE: OTHER: See attached Request for Continuance / Affidavit of Posting Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. September 19, 2008 AZ 06-063 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Waltman, LLC ITEM NO. 13 REQUEST Continued Public Hearing from Sept. 2, 2008 -- Request for Annexation and Zoning of 38.68 acres from RUT and R-1 to C -G zones for Waltman Property (aka Browning Plaza) -- 505, 521, 615, and 675 Waltman Lane 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: Letter from Cathy Floyd Contacted: Emailed: COMMENTS See Previous Item Packet / Minutes See attached Comments re are h�dv—Rr Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. �y September 19, 20.08 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT SLN Planning, Inc. ITEM NO. 14 REQUEST Continued Public Hearing from Sept. 2, 2008 -- Request for Preliminary Plat approval of 52 commercial / office lots & 1 common lot on 38.21 acres in a proposed C -G zone for Browning Plaza (aka Waltman Property) 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 Previous Item Packet / Minutes See attached Comments P�c P a r..c fif A FFVOVOJ OTHER: Lefter from Cathy Floyd Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • September 19, 2008 • CPA 08-002 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Rose Law Group ITEM NO. 15 REQUEST Public Hearing -- Request for CPA to modify Future Land Use Map by changing land use designation for approx. 10 acres from low density residential to mixed use -community for Eagle & Victory --NWC of Victory & Eagle 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: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations s0-zl?_O� MERIDIAN POST OFFICE: OTHER: Affidavit of Posting / Letter from Citizens Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • September 19, 2008 MERIDIAN CITY COUNCIL MEETING • September 23, 2008 CPA 08-004 APPLICANT Hawkins Companies ITEM NO. 17 REQUEST Public Hearing -- Request for CPA to modify the future land use map by changing the land use designation of approximately 40.5 acres from medium density residential to mixed use regional for Meridian & Amity 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: COMMENTS See attached PLZ Item Packet / Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: Affidavit of Posting / Letter from Paul Taylor Contacted: Emailed: Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: • September 19, 2008 0 CPA 08-003 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Primeland Investment Group, LLC ITEM NO. 18 REQUEST Public Hearing -- Request for CPA to modify the future land use map by changing the land use designation from medium density residential to mixed use community for approximately 94 acres for Volterra Commercial 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 PLZ Item Packet / Minutes OTHER: Request for Continuance Contacted: Emailed: jp��-Olb Date: Statt Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. C� September 19, 2008 • CPA 08-009 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Greg Johnson ITEM NO. 19 REQUEST Public Hearing -- Request for CPA to modify the future land use map by changing the designation of approx. 9 acres from Med-Density residential to High Density Residential for Biskay -- s/o Harris St., w/o Meridian & n/o Amity 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: COMMENTS See attached P$Z Item Packet / Minutes See attached Recommendations f�ov'�, -AAOV-nt� 110 pmpl�-"r- W 6�� 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. • September 19, 2008 • CPA 08-005 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT D.BSI Meridian 184, LLC ITEM NO. 20 REQUEST Public Hearing -- Request for CPA Future Land Use Map to change the land use designation on 33.59 acres of land from Industrial to commercial for Kennedy Commercial Center -- 1250 West Overland Road 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: COMMENTS See attached P&Z Item Packet / Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Response from Staff Report Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ecs September 19, 2008 RZ 08-003 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT DBSI Meridian 184, LLC ITEM NO. 21 REQUEST Public. Hearing -- Request for a Rezone of 27.17 acres from I -L to C -G zone for Kennedy Commercial Center-- 1250 West Overland Road 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 P&Z Item Packet / Minutes See attached Recommendations �re�.re �;nding-, qr �� Z OTHER: See attached Response from Staff Report Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 19, 2008 CPA 08-008 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Jack Gish ITEM NO. 25 REQUEST Public Hearing -- Request for CPA to modify the future land use map by changing the land use designation from Med. Density Residential to Mixed Use Community for approx. 5 acres for Postal Annex AGENCY COMMENTS' CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: Apfrove h(i �hcl ra v� 1 OP 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. September 19, 2008 CPA 08-006 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Richard Kartchner ITEM NO. 24 REQUEST Public Hearing -- Request to amend the Comp Plan future land use map to change the future land use designation on 11 acres of land from Mixed use- ._ WWTP to office & low density residential for Kartchner -- 4325 & 4315 N. Ten Mile AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached P&Z Item Packet / Minutes See attached Recommendations Pwroy(L.. kffornc 4,c, Ft mare l2.-esa) UL6 a --s Date: Phone: JIUI I Irmiais: Materials presented at public meetings shall become property of the City of Meridian. • September 19, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT Denise Alter • AZ 08-006 September 23, 2008 ITEM NO. 27 REQUEST Ordinance — Request for Annexaiton and Zoning of 0.92 acres from R 1 to an R-2 zone for Alter Property — 2741 East Leslie Drive 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: Emailed: COMMENTS See attached afrVO4-- Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. fkVIO NAVARRO AMOUNT .00 • BOISE IDAHO 101008 09: DEPUTY Gail Garrett RECORDED—REQUEST OF 108115081 Meridain City CITY OF MERIDIAN ORDINANCE NO. OK - `) y I BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-006 ALTER PROJECT) FOR ANNEXATION OF A PARCEL OF LAND BEING ALL OF LOT 8, BLOCK 2 OF CAROL'S SUBDIVISION NO. 2, AS FILED IN BOOK 39 OF PLATS AT PAGE 3248, RECORDS OF ADA COUNTY, IDAHO, AND PORTIONS OF PUBLIC RIGHTS-OF- WAY LOCATED IN THE NE/40F SECTION 5 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R1(ADA COUNTY) TO R-2 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Denise Alter. SECTION 2. That the above-described real property is hereby annexed and re -zoned from R1 (Ada County) to R-2 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - AZ 08-006 - ALTER PROPERTY Page 1 of 3 r' SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this L� day of elM�—, 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2 day of , 2008. ATTEST: JA �o SLFAL . HOLMAN, CITY CLERK, '� �b�,st iso ` Z0�� �u�T� • OCoQ``,,. ANNEXATION – AZ 08-006 – ALTER PROPERTY Page 2 of 3 September 19, 2008 AZ 07-019 MERIDIAN CITY COUNCIL MEETING September 23, 2008 APPLICANT Church of Jesus Christ Latter Day Saints ITEM NO. 28 REQUEST Ordinance — Request for Annexation and Zoning of 15.49 acres from Ku I To L -U zone for Stake House — 5555 North Locust Grove road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: Appnv�-- CITY SEWER DEPT: CITY PARKS DEPT: O 0 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. ADA COUNTY RECORDER NAVARRO AMOUNT .00 BOISE IDAHO 10/17/08 DEPUTY Gail Garrett RECORDED -REQUEST OF III I'IIII I I II ! I. Meridian tiry 108-M 091 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 07-019 STAKE HOUSE PROJECT) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF THE PARCEL AS DESCRIBED IN WARRANTY DEED INSTRUMENT NO. 7734535, ADA COUNTY RECORDS SAID PARCEL BEING SITUATED IN THE NORTHEAST 1/ OF THE SOUTHEAST 1/ OF SECTION 30 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO L -O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Church of Jesus Christ of Latter Day Saints . SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to L -O (Limited Office District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area reaps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION OF AZ -07-019 STAKE HOUSE PROJECT Page 1 of 3