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HomeMy WebLinkAbout2008-07-08~ a M A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July 8, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Charlie Rountree and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Kyle Radek, Mark Niemeyer, Tracy Basterrechea, Steve Siddoway, Keith Watts and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Gorton 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. I'd like to welcome you all here tonight. For the record, it is Tuesday, July 8th. It is 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: Jarrod & Franklin Watts De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by Jerrod and Franklin Watts. If you will all rise and join us. (Pledge of Allegiance recited.) De Weerd: Now, Jerrod and Franklin, I do have two City of Meridian pins. I give you healthy things, instead of candy. Rountree: I won't ask them what's more fun. Bird: Which would you rather have? Item 3: Community Invocation by Pastor Russ McCrea with Living Grace Community Fellowship: De Weerd: Pins, right? They last longer. Thank you for leading us in the pledge. Item No. 3 is the community invocation. Tonight we will be led by Pastor Russ McCrea. He's with Living Grace Community Fellowship. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. McCrea: Thank you. This evening I'm going to read from the prophet Jeremiah, whose country was in great turmoil, and this evening I'm going to read from a book that most ,~ ~1 ~ ~' ~~ ~ ~ ~~ ~' ~~ b>~: g ! ' ~ sr A,j ~ j r ~ ~ 1 i ~ ; t '> i ~ f { s ~", i ,: k Meridian City Council July 8, 2008 Page 2 of 40 people don't like to read, Lamentations. But it's not all that lamentable. So, I'm going to give some of the good part of Lamentations. Chapter 3. Yet this I call to mind and, therefore, I have hope. Because of the Lord's great love we are not consumed, for his compassions never fail. They are new every morning. Great is your faithfulness. I say to myself the Lord is my portion, therefore, I will wait for him. The Lord is good to those whose hope is in him, to the one who seeks him. It is good to wait quietly for the salvation of the Lord. For men are not cast off by the Lord forever. Though he brings grief, he will show compassion, so great is his unfailing love. For it does not willingly bring affliction or grief to the children of men. Mighty God, we ask this evening that you would show your compassion and grace upon our community, upon our leaders, our Mayor, our Councilmen, each se de artment that end up hapangma lot of public ontact, pray for those -- especially tho p for the police, the firemen, the EMTs, Lord, I ask that you might give them a measure of your grace to show us how compassionate and kind you are. Lord, we ask for your presence in this meeting and in our city that you would watch over us, in Christ's name, amen. De Weerd: Pastor McCrea, if I could also offer you a City of Meridian pin and thank you. McCrea: Thank you. Item 4: Adoption of the Agenda: De Weerd: Okay. Item No. 4 is the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item No. 13 has been asked to be continued to July 22nd, 2008. Item 14 is -- the proposed ordinance number is 08-1372. Item number 15 is -- the proposed ordinance number is 08-1373. And with that I move we accept the agenda as published. Zaremba: Second. De Weerd: I have a motion and a second to approve the agenda has proposed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Master A regiment for Professional Services with MWH: s ~~ j , ~ Sys ~ , ~ i ~ } ~' 1~ ~ ~ ~ ~ ~ r ~ ~ F ~ , A $ `` {i {{V, ~ ~ AA CIS 1 A 3 ~'4 £ , t f f } ' i , { ~ i ; . R ~ ~i '~ i~ z; l~'f . ~ ± ~ ~ ~ f. Z~ ' ~ ~ { ' ~ F 1 ` ~' i' ~ ~' . 1 ~: x~; i F Vi ~ ~ ~ ~ k a, i; ~ ~ y y~ ~ k~ ~{' t ~1 ~ `~~ r ~ ~ ~ ! ~ t, F ~; ~ ~ ~, ~ ~ ~ e ~ ~ 1 ~ ~' ~~~ ~ ~ < lll , <,~ ~ I ` : ` K y j` ! 1 ~ ~ ~ Y ~ ~ , }` i k r sl` ` .~ ~ k. i ` S" ~ l ii l ' { ~i Meridian City Council July 8, 2008 Page 3 of 40 B. Addendum to Development Agreement: MI 07-008 Request for a Miscellaneous application to modify the recorded Development Agreement (Inst. 104107406) to remove the requirement for all future uses to obtain Conditional Use Permit approval for Gateway Marketplace by Landmark Development Group - 3205 East Ustick Road C. License Agreement with Nampa Meridian Irrigation District for Well No. 27 Ten Mile Drain: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approved the Consent Agenda as published and for the Mayor to sign and the clerk to attest on all papers. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office 1. Budget Amendment for Meridian Arts Commission for $4,500.00: g De Weerd: Okay. Under Department Reports, under the Mayor's office, there is a budget. amendment for the Meridian Arts Commission. I don't see Robert in here. That would be good. Did you ask for Robert, Will? You do have an amendment in front of you, though, Council. It is just kind of a clean-up as to money that has been raised out in the community by the Arts Commission. I guess I would ask if there are any questions, Robert is here to entertain those questions. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. ~ ~ ~ ~ ~ ~ f - ~ ~ ~ i t 1~SS t ~ i ~, cif 3 ~~ ' j c S S 7 ; i i ,t, E . t i f4 i i } I ' } ~ it l +~ ! t~ ~ ~ F T ~ 1 ~ , f ~ ~ ~- '~r t if ~t p ~ ~~ r ~ ; ~ b ~ ~ ~i ' i ~ ' ~ ~ ` F , i i ~~i i~ L ~i 4 ~ ~. p, [ ' ~~ ~ I t F 5 pp i ~ j t- ski `, ~ ~~ ~ ~ } ~1 ~ ~ i Y + ~ ' ~ a :~ 1 ~ ~ 1 C € ~~ ~ I ~ ~ g ii r ( ~ j ' ~~ i I 1 s ~ ~ ~ F .~ ;~~ ~ 2 + ~ _ ~ ~ X ~ ~ ~ 7 1 , f ~ ~r S ~ ~ e _ ~ j I d1 { ~ :( ` i ~ ! [[ ,T tf ~~ { e 111 - i ~ F ~ ~ '~ ~ ~1: ( i~~l k.. r ~ ~ ~ Meridian City Council July 8, 2008 Page 4 of 40 Borton: I would move that we approve the budget amendment for the Meridian Arts Commission in the amount of 4,500 dollars. Bird: Second. De Weerd: I have a motion and a second to approve the budget amendment in front of you. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Finance Department 1. Commercial Paintina Change Order No. 3 for Additional Work to the Existing Paintina Contract for $773.00: 2. Architectural Building Supply Change Order No. 4 for Additional Work to the Existing Doors, Floors & Hardware Contract for $5,303.00: 3. Architectural Building Supply Chanae Order No. 2 for Additional Work to Incorporate Bid Package 11 into Existing Doors & Hardware Contract for $36,220.00: 4. Task Order No CH1 with Terracon Consultants, Inc. at 641 Main Street for Existing Master Agreement for a Not to Exceed Amount of $36,750.00: De Weerd: Okay. Item 6-B is our Finance Department. I'll tum this over to Mr. Watts. Watts: Thank you, Madam Mayor, Council Members. I have four issues this morning -- or this afternoon. I have three change orders to existing contracts for the City Hall project and, then, a task order, which will deal with the remediation and the clean up of the property on Main Street that will be for our parking lot. The change orders are in your packages with descriptions. I have Tom here as well from Petra, if you have any questions on these. De Weerd: Council, anything? Bird: I have none. De Weerd: Thank you, Keith. Watts: Okay. On the -- excuse me. ~; ,; '' ! F V ~~; E ~~ ''! Meridian City Council July 8, 2008 Page 5 of 40 De Weerd: I'm song. And you have gone through all of these? Watts: Yes, I have. De Weerd: And they all check out? Watts: On the task order for Terracon for the parking lot, the amount of the proposal was 36,750 and that was an estimate. I did throw in a 15 percent contingency. There are some issues outstanding that we are not going to know until we actually start drilling and testing. I also wanted to let Council know that there could be additional fees and costs for taking care of the soils if we do find soil contamination. Just to let you be aware of that, that that is a possibility on that property. But I am asking for the task order in the amount of 36,750 and, then, I also threw in 5,513 dollars, which is a 15 percent contingency, which would be a total of 42,263. De Weerd: Thank you, Mr. Watts. You threw in contingencies, uh? Watts: Yeah. I just didn't want to have to come back before I was through with it. Hopefully. De Weerd: Council, any questions? Bird: I have none. Madam Mayor? De Weerd: Mr. Bird. Bird: If nobody has any questions or comments, I would move that we approve change order number three with Commercial Painting for 773 dollars. Change order number four for Architectural Building Supply for 5,303 dollars. And change order number two, with Architectural Building Supply, for 36,220 dollars. And also a contract with task order CH1 with Terracon Consultants, Incorporated, for 42,260 -- not to exceed 42,263 dollars. And for the Mayor to sign and the Clerk to attest on all the contracts and change orders. Borton: Second. De Weerd: Okay. I have a motion and second. Any discussion? Rountree: I have none. De Weerd: Okay. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. :~;. ,~ - t{ 4 1. ~~ F~- ;~ '~ ;~. .~' '.~ .~. . # n K~ ~ i' '. R . ~~~',Y : i ' ~.r f s ~ ' d~ r~ ~..` y ... r i0 b }t 4 ' `. ~ ~' 9 A• ~' ~ N71 ' ' A A ~ . t, ~ ~}' i t :Z ~:. : tt ~ to a ~?7" '7 I° . % 5. •~[!. [ ` # . R , ~ J i ?:l Si ' `` .. ~ ~ d~ } ; '. ~ , ~ 4;.;. ~ i ~ . ~ •:•. ~. ~ ~? ~ ..: .~: ~ 6 . •:~ . f. ' ` ;y ~'~~ ~: :9. i & 9. ~r~; ~.( {. .. i 1' ~. v. F.~ i. R=' ... ~ y ;] _ ~ ~. ~' ':S. ~ 1 •~. ( ~ ; ,; ~ ~ P' .. :. ~Y, :s :~ it °ii ~ ,~ y~~ ; `'S d ~ , ' . ,: V . ' ~ ~` . ` _ } x s ..~ ~ [ •. i~ .) , ) ~. ' ~ _ "~ .(' . 4. 7 d ~.' ..f !s. ~. . ~.. k t ~ i"t .,i3 ~; .~ 5' I i y( :::li:. ' :: $.; •A :' ~ .~ ~,. . '. i~ . ~t ;~t .. if. ' i•{ 'ri t ~. ,1 ~. y '..y: ~ ;. : ~ '~ i~>4 } } . L Y . *~ y_ - ~.3. ; . :i } YP.. , S' x "~ f. 3 a ' ~ ' ~~ i iSS pp 7~7~ `' :, L` { I'i 7,` ~f ~. 5 t k Meridian City Council July 8, 2008 Page 6 of 40 De Weerd: .Madam Clerk, too, if you will note the change in the printed amount in the updated agenda. Okay. Thank you. Item 7: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Item 8: MFP 08-004 Request to Modify the Landscape Plan approved with the Final Plat for Woodland Springs by Maverik, Inc. -Northeast Comer of North Locust Grove Road and East McMillan Road: De Weerd: Item 8 is FP 08-004. I will turn this over to staff. Canning: Madam Mayor, Members of the Council, this is the Woodland Springs project. It's located on the northeast comer of Locust Grove Road and McMillan Road. There you go. And the application -- De Weerd: Anna, can you talk into the microphone? It doesn't pick you up very well. Canning: Okay. How is that? De Weerd: That's perfect. Canning: Madam Mayor, Members of the Council, this is the Woodland Springs project. It's located on the northeast comer of Locust Grove Road and McMillan Road. And the application before you tonight is a modification to the final plat's landscape plan. Just to orient you, that's the Idaho Power substation to the south of this. This is the approved landscape plan and you will notice that the street buffer landscaping approved along Locust Grove and McMillan creates a wall of trees that would restrict visibility to the property. For this reason a modification is requested to relocate some of the street buffer trees to be internal. The minimum required number of street trees will still be maintained with the proposed revised landscape plan and I will show you that. So, you can see they have still got some in the outside -- or the street buffer, but they have moved some internal to the development as well. The applicant had to mitigate for quite a few number of trees currently on the site and that's why this one has more trees than usual. Staff recommendation is for approval with the condition that an additional tree be added to the landscape buffer along Locust Grove Road. And we have received no written testimony since the staff report. Now, with regard specifically to this application, there are no outstanding issues. However, the area just to the south of this has become an issue of concern as of yesterday. So, the question is of -- on this property just to the south along McMillan, ACHD has purchased a portion of the property and they will be locating the Settler's Canal in this area and the question remains as to whether we will have a detached sidewalk or an attached sidewalk. We tend to favor the detached sidewalks. If we are successful in getting a detached sidewalk, there is a question about as to whom shall be responsible for maintaining the planter area between the curb and the sidewalk along McMillan and Locust Grove. So, that is an outstanding Meridian City Council July 8, 2008 Page 7 of 40 issue. You know, on residential properties the adjoining property owner is required to maintain that planter strip area and I don't know if Council wants to bring that up tonight, if you want to address this when we are working with ACHD or how you would like move to forward. But the actual application is pretty clean. And with that I will answer any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, back on that detached sidewalk, I'm certainly in favor of that, because just to the west of that down there at Saguaro, they have done the same thing and have the ditch running across there in front of it, just like this one, I suppose, will be. Canning: And, Madam Mayor, Members -- Bird: I think, Anna, as far as taking care of it, I firmly believe that you can -- staff can work something out with ACHD, I'd hope, on that. But I'd like to maintain the sidewalk. Canning: Sir, I didn't quit understand. You'd like the detached walk? Bird: I want the -- Canning: And are you interested in working with the applicant to have them maintain that or would that be -- Bird: Well, I'd love to see the applicant, but -- De Weerd: Yes. Bird: -- I don't know if it's .going to happen. I'd love to see the applicant maintain it, but -- De Weerd: We will ask the applicant what their thoughts are, because it's certainly -- even though it would not be the applicant's property, it would reflect on the applicant's project. So, we will see what their thoughts are. Canning: And that opening slide was of the same facility, it's just to this south and east of this properly. De Weerd: Okay. Any other questions at this point from Council? Is the applicant here this evening? McDougal: My name is Brad McDougal. I represent Maverick. De Weerd: If you will, please, also state your address for the record. ~. ~ ~ I ~!3 ~-: k ~ J 3 `+ 1 A i ~~ f 4 j t i 1 ~~ ~ ~ n ~ ~ ~ ~ ~ t ~ r ~ ~ : ~, ' `~, I ~,~ ~ 6 ( ~~i~ .: ,~ 3+ ~ ~ ~ P I 6 ~ $ ~~ ~ ~ e ~ ~ 4 f .~ 3 L .~ 1 a ~ ~ n. v r i ~ "t ~ ` ~ ~ ~' ~ i~ ~ i t ~~ ~ t€ ~~ ~" ~ '~ i ,~ ~ , ~ ~j; , ~_ I ~~ i ` i, ~ ~' + f c r ~ ; ~, ~ a ~ ~ L: ~'- ~ ~~ t I~ pp~ ~~: .1 f 6 j {{G i ~ t 1 _ f~.`~ ~ ~~~' ~_ ~ lE .~ i .. ~ i ~ € ~1~ Meridian City Council July 8, 2008 Page 8 of 40 McDougal: My address is 2588 East 8150 South, South Weber, Utah. De Weerd: Thank you. McDougal: We would not be opposed to maintaining that stretch along the road there. As you mentioned, it reflects on us, so we would have no problem mowing that, keeping the weeds down, taking care of that portion right there. I don't know if you have any questions. As most of you are aware, when a developer comes in many times they don't know exactly what uses are going to come in or what -- how their land is going to develop. They have a project and have ideas and they present some of these plans at that point -- the last slide show, the landscaping that had pretty much as staff explained, a wall of trees. Us being a retail business, we'd like to have some visibility into our station, so that people can see you're there. So, we'd like to cluster trees a little bit more and create windows for people as they are driving by to see -- see what's there. So, that's why we have tried to cluster a little bit away from the street. We have left a couple of trees out there to just make it look nice and there area quite a few trees. The landscaping should be very nice and should fit with the intent of your codes. But I'll just be happy to answer any questions you might have on that. De Weerd: You know, I guess one of the questions that once we teamed that ACRD had purchased the land to relocate that part of the canal, just your thoughts on how that would look esthetically and what your ideas are as far as safety issues. McDougal: You know, we don't -- I don't have a -- they kind of dealt with the developer on this and we had an idea that it was going to happen, but we didn't know exactly how that was going to tum out. If you look right here, these trees, we tried to put them, you know, away from where the canal is going to be. The canal -- I believe the canal is going to be in this area right here, is my understanding, and so we tried to put our landscaping away from where the canal would be, so that it would -- you know, they don't tear it out. We put it in, they tear it out. We tried to keep that open. The code -- you know, we -- typically we would put a -- oh, oh, the batteries are dying -- a walkway here. We eliminated that, because there is an open canal there. We have various stations that have canals in front of them. We don't typically have a problem with them. But, like I said, the developer has been dealing with ACHD and I don't know what their intent is and how they plan on going about this. De Weerd: So, would it look similar to what's across the street at Settler's Bridge? McDougal: I believe so, but, like Isaid, Idon't -- that would be something -- I would think that -- and from my standpoint I would like to see that. It makes it more look like a water feature than a -- than a canal. But, once again, I don't know what ACHD's plans are there and the canal company, what their intent is with that. They didn't purchase it from us. The developer dealt with them on that, so -- Meridian City Council July 8, 2008 Page 9 of 40 De Weerd: Anna, could that be a stated preference that it -- if the developer would work with the canal company and ACHD to have asimilar -- to make it an amenity, rather than -- Canning: Madam Mayor, Members of the Council, I can pass that along to Matt and Pete and -- I'm song. Mr. Ellsworth and Mr. Friedman in their dealings with ACHD. It's probably going to be ACHD, since they are the ones doing the design. But we can stress to them that we'd like to see something similar to what's up the street. I think it's safer as well, because the banks are pulled out, they are not as steep, and if someone does get in, they can get out fairly easily. That's the real benefit. De Weerd: Okay. I guess my only other question would be for you and when this development came through, you know, they -- they left the impression, at least with me, that it would be something of quality in the elevations, the materials, and that sort of thing. When you see a Maverick being proposed on a comer -- we have seen a Maverick done well. It's in another neighborhood center or circle. What is the idea for this particular project? McDougal: Any of the newer stations -- I recognize that there is -- that we have various stations throughout the Boise area and some of them are 20 years old. Our newer styles are probably what we are talking about. It's a 4,300 square foot store. Very big, very nice looking. And I wish I would have thought to bring some elevations. There is a brand new one we just built over in Boise. There is on up in Payette that you might have seen. It will look just like those. They will be, in my opinion -- and I, obviously, have a bias, but they are the nicest looking stores around. You know, they are very nicely done. De Weerd: I guess the one I had in mind is -- it was built to be a Maverick and, then, was bought over by Chevron, I think it was. It's over by Cedar Springs off of Ustick. McDougal: That's probably -- yeah, it wasn't built to be a Maverick. Yeah. We haven't sold any of our stations in this area, unless they have been closed down. The one -- and I'm trying to remember the exact location of the one we just -- we just opened one about two months ago. It's over on -- I'm drawing a blank now. Zaremba: Isn't the one at Locust Grove and Overland the -- McDougal: Yes. Locust Grove and Overland. Zaremba: Isn't that a Maverick? McDougal: Uh-huh. That's brand new. We have only been open about a month. Zaremba: Yeah. McDougal: That would give a good indication of what we are building now. ~ ~ s ~ i ~ ~; ~ ~ . ~ ~~ .t ~ ~ i }5( 3 ~ `{ 1 ~ , ~ k ~ 1 1 ~ [ j .~ . ~ t~ ~ ~ ~S 7 ~ ~ ~ 1 ~ :~ i ~ - j 41 - jf y~ i~ .~ y f~ 7 1 .~ ~ 1 ~ ~~ ; l a ±~ { 1 t 7 S g r ~ 1 I $$7 ~ # i i , f i ,~ ~ f~ i l ~ ~ ;~ ~, 2? 1 ~ t ' ~ E I , 4 ~ ~ ~ ' ~~~ Y ~f, , . ' 1~. T ~ 4 4 7 ~( • ~ ' ~~ _~~ f N.o J - I ~ _E ~ ia ~ i - . 7 ' x I ; i ~ 7 j S 3 ~ ~: I ' ~. ~ ! 1 i j I Qt i ~ i 4 ggg pp ff 1 ~: i Meridian City Council July 8, 2008 Page 10 of 40 De Weerd: Yeah. But that's not abutting neighborhood and I guess I have more interest in what the elevation would be, because it -- it is near aresidential -- isn't that near Edinburgh or is there something between Edinburgh and this? Or not directly? Canning: Madam Mayor, it is one lot and there are other lots to the east of this that will buffer the -- McDougal: We take up about this portion right here. There is other commercial development office buildings that are going in through here. I believe that's what the developer is planning on doing. I'm not sure what the whole size of Woodland Springs is. Maybe you have that answer. I believe it's five plus acres. We only take an acre here on the comer. So, ours is -- ours is very small. Bird: Go back to that other one, Anna. De Weerd: Councilman Bird, we can't really hear you very well. Bird: Oh. Go back to that last -- the site -- McDougal: Yeah. So, this would show our lot right here. That depicts our lot. De Weerd: Okay. McDougal: So, there would still -- I believe we are a commercial zone and I believe the rest of it is L-O. I'm not sure on that. Canning: ~ Madam Mayor, I believe he's correct. And it's -- as you get -- there is definitely office over here. This is the Ron Sargent piece that has the house that the road comes in by the side and, then, kind of does something like that. You may remember that. We had a lot of discussion about that house. De Weerd: And so it is L-O? Canning: Yeah. And the two developers have worked together. They have a shared entrance here and, then -- so, there is ofFce along here and there is quite a significant buffer on the plat in this area to buffer the residences back here. De Weerd: Okay. Thank you. Council, any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council e • July 8, 2008 Page 11 of 40 Zaremba: This is not actually a landscaping question, but now that I see the Maverick is proposed there, it brings up the question of the tanks. Are you planning to have stage one vapor recovery?. McDougal: You know, I don't think that stage one -- and I'm -- I shouldn't -- I don't know a whole lot about that. I know a little bit. But I don't know really -- Zaremba: What I'm thinking of is that's -- that's where whatever fumes would leak out of the tank while the truck is filling it, that -- McDougal: Yes, we do have stage one. Zaremba: -- it would suck them back into the truck. McDougal: Yes, we do have stage one. Zaremba: It's not the one that goes to the individual vehicle. McDougal: We do have stage one, then, from the tank. And I believe that's -- that's required by Idaho state law. I know we are heavily regulated by the EPA as far as our tank installations and anything below -- anything before 19 -- I believe '86 is when they started regulating it pretty heavily. We have tried to stay up above what the codes require in the areas wherein we have a double wall tank, double wall piping. If I recall correctly, we have five different sensors in the system that will tell us if there is a leak. You know, allow us to know exactly where we stand with our system. So, we can monitor that very closely. Especially with the price of gas today, we'd like to monitor that. Zaremba: I appreciate that. The reason for my extra concern on this one is you're across the street from an Idaho Power facility. I have never seen sparks coming off of that facility, but it is electric transmission and I don't know whether electricity leaks, but I would hate to have fumes spread out in that area. McDougal: We are on the agenda on the 17th to present the site plan in front of you guys, so I can bring those answers back to you. Zaremba: Thank you. De Weerd: So, you wouldn't be in opposition of including that in any kind of agreement? McDougal: You know, I would have to double-check with that. We have got a group, an environmental group that works directly for us. We have two environmental engineers. I believe we are stage one right now. I'd just have to double-check and get some more information on that. ~ ~ yp S ~ ~ i '~ _~f ~ ~ ~ I r }} ! g ~ _ I S . f B ~~ t' ~ ~pp a4 ~ YI' ;~.. ! C i f ~ 1 ~ 4 ~ j K ? ` ~ ~ j i ~t • j s . 1 ~ ~ , 2 l j; ~ ! ~ ,i ~ I i ~ fi , ~ , 6 ,, 1 £~ ~ ~ ~ ' ~ I : a~. . . ' C ~ ~ I ~ 1 l t ~ ~ ~ + I t I ~ , ~ 4 ~ ~~,~ , ~ i~~ gif~~ ~ [ ~ s ~ ~ p ,i t C ~ FF~ . ~ ~ ~ i F $ i i ~ NNN ~ Y' 3 p T .y f{ ' ` y '' ~ ~ ~ i ` 4 i~f~' ~- ~ 2`,x f ~ ~R 4 i ~ ` f t ~ 1 ti ~ } T4 Its f ~ ~ E t r 1 1 I Meridian City Council July 8, 2008 Page 12 of 40 De Weerd: Well, Idaho is a little bit behind other states as far as those requirements are, but we would like to come up with what others are doing. McDougal: We operate in Utah, Arizona, Idaho, Wyoming, and Montana and we do the same installation on all our stores. So, we -- we are above the codes for those -- and Colorado. So, we are above the codes for all those. De Weerd: Yeah. Stage one is not expensive, unless you have to go back and retrofit and we don't want to -- McDougal: And I'm almost positive that we are -- we are stage -- I just -- I'm not -- I'm not positive. I'm pretty sure, though, that we do have stage one in our new installations, but I'd just have to double-check that. Zaremba: I would appreciate your checking. Thank you. Borton: Madam Mayor? De Weerd: Uh-huh. Borton: Question for Anna. If -- back to the landscape plan issue. If the applicant's in agreement, as you said, that should there be a detached sidewalk, that you would be willing to maintain that property I guess which would be south of the sidewalk. Is that a condition that we put into this modified approval and, then, is there anything that needs to be specified with what landscaping or what -- what would be placed upon that property we say be maintained. Do we need to be specific here? Start from scratch or -- Canning: Madam Mayor, Members of the Council, Council Member Borton, because this is just a final plat landscape plan, we wouldn't normally discuss maintenance issues. If the applicant has a Conditional Use Permit going before the Planning and Zoning Commission, so that might be an opportunity you can -- we can send word down to the Planning and Zoning Commission that you'd like to see that included as part of the conditions of approval. That may be the easier way to do it. Borton: Okay. McDougal: Currently we would be landscaping everything up to ACHD's right of way, so when they come and do that canal, how we have typically done things with them is they will come in, they will put whatever is required to the new landscaping in, tied 'unto some system. I don't know how they will -- they will water that. That will be -- because there is a canal between the two, I don't know how that will happen. Maybe they could tie into our system over here, you know, where it dips to go under the road, it will have to be covered, so maybe there will be something they can tie into there. But, you know, they usually take care of that landscaping, put it back in as it was before, and, then, we would just maintain it, you know, mow it and -- like I was saying, we have tried to keep Meridian City Council July 8, 2008 Page 13 bf 40 i3 s y. ;` 4 the trees that were required for our landscaping along -- along the road there on the property that won't be disturbed, so that we can keep those trees there. De Weerd: Well, Anna, I guess there is a couple of comments that Council has made that we would like to have as talking points for the discussion with Planning and Zoning Commission. Canning: Madam Mayor, Members of the Council -- and I started thinking -- that's dangerous, huh -- that perhaps -- perhaps it is tied to the final plat landscape plan in the sense that if the applicant needs to provide -- I suspect perhaps a minimal amount of watering for the strip in between the edge of his property and the edge of the canal bank, if there is a strip there, that he'd have to work with ACHD to get those irrigation facilities extended. The other side of the canal -- I'm not sure how they are going to do the irrigation. I don't think they know. So, those are things that could be considered as part of the final plat. So, now I don't know what to do. We can just put it in both. How is that? And we could cover it that way, but -- De Weerd: If that's appropriate, unless our city attorney has any -- Nary: I think that's fine. De Weerd: -- heartache with that. But, you know, I guess, too, I would like part of that discussion in the CUP that the vapor recovery phase one -- Canning: Oh. Okay. De Weerd: -- and elevation interest. McDougal: Yeah. We will have -- like I said, we are on the 17th of July and will bring all that stuff and the elevations, those type of things. De Weerd: We won't be there. McDougal: Oh. You won't see me at that meeting, it will be the one after that. Canning: Madam Mayor, can you provide a little more on the elevation issue. De Weerd: Just to be consistent with when this -- when the complete application came in, they -- they did kind of sell the idea that it would have a -- a higher standard of material and elevation interest and -- and I don't remember specifically what it is, only that it was going to be something different. I would like to make sure that this is consistent with the vision that they had communicated. McDougal: My understanding in dealing with Sonya is that, typically, on just the front of our building we would be -- there is certain standards for just the front. We have also been held to a higher standard along the sides here. We have -- we have got a little ::~ xr. 1 ~ a~ .~. ~ ~..3~' ! ,,pp `'.z , :~ ~~ i " ~ y:~i ' :. ;.A - . .' :~ pp 5~' ~ .4#z3 h - :st ~ . e # ~ :t- - *` •h ' ~ f. ~~~ '~.x ~ i i, ~. ' ~~,,. ~ ,.' .. ~~~ti{j ~` S . 444pppppp p ~ ' 1~~'• ~P ~~ 3:' °Md y~ ~,.: g.. r ~ t ar~ ~ ~: , ~ ,k i r ;. ' Y ~ ~ ' ~ t ~ •r b~ r, g r. ~ ss A• 1 ~ { ) ~ f ~ t• Meridian City Council July 8, 2008 Page 14 of 40 exit, a little door right here, and we have had to put an awning -- typically we have an awning that sits over this portion where people come in. We have had to dress up this side also, extend the crown molding, the molding on the top of the building and, then, also put a small canopy over a doorway here, some columns that are in stucco, extend our wainscot. We typically have a four foot rock wainscot on the front of the building. We have got to -- have been required to extend that along this side and, then, also I believe a vinyl fence -- we have a little pad back here where we store boxes and, you know, just miscellaneous equipment. It's not for product, but buffers and pressure washers, things like that, where we would -- that would be vinyl instead of a chain link type material, so -- there has been some upgrades on this since it would be visible from -- from the road out here, so that as people see this side, it doesn't look like the blank side of a building, it's been dressed up quite a bit. Canning: Madam Mayor -- Madam Mayor, McMillan is an entryway corridor in this location and, then, the facade facing Locust Grove, because it's the front of the building, the design review continues to that elevation as well. So, I know, as the applicant stated, Sonya has been working with them to make sure it meets the minimum of the design requirements. But I will also go back and have Sonya check the annexation and preliminary plat and see if there was elevations provided with that and make sure it's consistent. De Weerd: Because if I remember right, it came in more than once and so I -- Canning: It did come in more than once. It got kicked out the first time, because of this ACHD right of way issue is what happened. Madam Mayor, Member of the Council, I would have a suggestion on the condition regarding the landscaping for your consideration. Applicant shall work with ACHD on street buffer landscaping, imgation, if necessary, and light maintenance of the installed landscaping or -- and shall be responsible for light maintenance. That might be better. De Weerd: Okay. Anything further from Council? Good points. McDougal: Thank you. De Weerd: Okay. Thank you. And I guess just, finally, I do want to make sure that the vapor one -- Canning: Got it. De Weerd: -- is part of that. It is -- the direction and instruction that Council's given to staff to start pursuing that in any new gas or fueling facility. Okay. Council, any other issues? Hearing none, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. i~ t i : ' € n .: ~i: ~ ~ ~~ d t. .ti a. ' 7p S A ~ ~i i~ }k t~ • ~ = ry { if ' ~y . e $ ' ` i (( - F' [[ i . 9 i { 3 X? R% 2: . j 4 'i a 3 t ,. i- ~ ~ e. i :};r :~~~ .;' f, £ ~,.-, , j ' ~ " p S' i~. f $§ . °:!', ~.... . . F ;1:. 3 x ~. ~,, v'.~5 i' ' N ~. , ,} ii 'k P S S 5 .j - } j ~, 2 ~ f ~ 4' r ;~ e k i { ( ~: j i t : (4s. i. ~- .. i t ~. P i ,r ~ t 7 ,}~7 e~ i; . `f ~ s te . ' ~ : ~ ~ 1 ? 3i' r :~. r. ?{ < t n , ~ £.; W: f '; , $ r ,~ s N `, i}'i2 i '' ~ r ll~~ ~: 'd •} .5 c G:. ;i . ~~~.t' ~ . y %• 's t; ' ; ( .:.: [i:' ~ ..1 '~~, ....:.T. ti a~y y:: pp ~, ~ ~ t s tS ; ~.. ~ • i;r g.~ . } j .} i! 3 i 3 =s' . c. } j ~ 1; ;.: 1 g _ c J Y 5~.~~ 1!1!7! . ` ~i Meridian City Council • July 8, 2008 Page 15 of 40 Rountree: I move that we approve Item No. 8, MFP 08-004, with the condition of adding an additional tree and the condition as just stated by the planning administrator with the applicant working with ACRD on landscaping and imgating and that maintaining ACHD's right of way along the relocated canal and the installation of the detached sidewalk. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Do you need clarification? Canning: Madam Mayor. Did -- did you just indicate that the applicant is responsible for constructing the detached sidewalk? De Weerd: Yes. That's what I thought you said. Canning: Okay. De Weerd: Yes. Thank you for the clarification. Okay. Hearing no other comments, Madam Clerk, will you, please, call roll? Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: Okay. Thank you. All ayes. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from June 24, 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 10: Continued Public Hearing from June 24, 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 W. Waltman Lane: De Weerd: Okay. Items 9 and 10 are continued public hearings on AZ 06-063 and PP 08-001. Borton: Madam Mayor, I will recuse myself from -- r ,. ' 4f°i , ~ I +l~ i ~'1 ~ '~ ~~ f i ~ ~ ' 1 ~{ ! ~ l~ ~ ` ' 3 ' i ~ S ~~ ` 1 = ~ 1 li 31 s =i~ '.3 y F ~ I i ~~, ~ t. ~, i ' ~ ~ ~ ` r ~ I : t~ i . .~ '~ ~: ~ I s d` ~ ~ t ' i i 1 ~ ~ ~ ~ 3 ~~ I '~ r ~ ~ 7i S ~ ; , 1 g t f ~ ; t ~ ~ { i ~~ ~ ~: ~~ Y a t ~ ~ 3 x ~ ~ ~ 1 ~ ~ I ~ ~ ~ ~ cc } , ~ , , i( ~t [1 Meridian City Council July 8, 2008 Page 16 of 40 De Weerd: Okay. This item was continued Councilman Rountree to staffs updated staff testimony, as I understand it, Council. Bird: That's right. for specific information requested by recommendations and it is not for the Rountree: That was correct, Madam Mayor. We wanted a summation of the comments and/or conditions and issues and concems and commitments on the part of the developer done by planning staff and they have submitted the July 3rd letter to us and I think Anna is going to go over that for us. Canning: Madam Mayor, Members of the Council, I'd also like to note that you have received written testimony since our last hearing from Donna Aldridge, so I just wanted to make sure you were aware of that. It isn't quite visible, is it? Okay. I will try and be brief, but as we got into this, Madam Mayor, Members of the Council, we did realize that there was a lot of confusing and contradicting provisions and just stuff that needed clarifying, so I'll try and go through it quickly and I will only hit on the ones that I have comment bullets on. If Council has additional comments, I can go back and get those. With regard to the existing animals, it's kind of silly, we put in another horse, just because horses are pack animals, but that's really not a big concem to either party I don't think, so -- the applicant shall improve Waltman Lane adjacent the site and off-site to the end of the split corridor improvements per the half street sections attached in Exhibit 1. We did want to note that the fire department noted safety concems that the proposed half street section does not have enough capacity to accommodate projected traffic volumes, including people coming through from the south end of Linder Road. And I think that the fire department has looked this over again and may have a modification to their initial statement and it's -- I'm getting a nod of the head, so I'll pass this on. Niemeyer: Madam Mayor, Members of the Council, today Deputy Chief Silva went over and met with Anna and planning and clarified that the road width would to be two 12 foot travel lanes and if that is the case -- and Anna can confirm that, we are okay with the street width, then, as far as concems on that. De Weerd: Thank you. Canning: Okay. Now, moving down to -- and that was the only outstanding concem on that one from staffs point. I think the applicant has some statements regarding that one as well. Going to Item No. 10. We do have -- we have the statement: However, construction traffic for the purpose of infrastructure, sewer, water, and roads improvement shall be allowed to use Waltman Lane prior to the completion of the Waltman Lane -Meridian Road -Main Street intersection and we just wanted to note there that the -- the applicant does need to be able to do those infrastructure improvements along with the -- at the same time that construction is going on for the split comdor. So, we put that in there. We couldn't prevent them from ever doing any construction traffic on Waltman, because that's where the utilities need to come from. Meridian City Council July S, 2008 Page 17 of 40 So, that was just a clarification, not an outstanding concern. With regard to number 14, architectural design elements on the structures shall continue all the way around the structure, similar to the example provided by the applicant at Target included as Exhibit 2. And my question to City Council was does City Council want to include reference to upcoming design guidelines as well. It wasn't mentioned at the hearings, but I just wanted to provide that for your consideration. Going down to number 17. Except for the potential hotel site at the southwest comer, offices shall be constructed along the west and northwest boundaries of the site as a transitional use to the existing residential uses, unless the adjacent uses are changed into nonresidential uses. And the applicant has requested this be replaced by the prohibition of certain uses listed in provision number 19 and we will get to that one shortly. So, the applicant wants to strike this comment or provision. De Weerd: Before you move on, is -- would that be your -- Canning: Our recommendation? No. De Weerd: -- recommendation? Canning: No, it would not. De Weerd: Thank you. Canning: Conditional Use Permit approval is required for all restaurant and retail uses proposed along the westem and northwestern property boundaries adjacent to residential units and, again, the applicant requests that this portion be stricken out and that the CUP only be required for structures over 100,000 square feet within a hundred feet of the residential district. And, again, you know, I guess stafFs opinion was, even though those folks along that westem boundary didn't participate much in the hearings, that putting a 100,000 square foot building up against that residential buffer, even with listed prohibition of uses, that's just a big building and I think that it should require -- you know, if it's 99,000 square feet, that's still a really big building. I mean we were talking during the hearing process of much smaller buildings on the lines of 10,000 and less. So, I think that that's a big change. So, we are not recommending approval of that one either. Residential uses approved through the CUP process along the north and northwest boundaries of the site are not allowed to have outdoor seating areas within a hundred feet of the residential property, unless the adjacent uses are changed into nonresidential uses. And this condition seemed to have lost its meaning through the multiple concept plans, so staff reworded it to try and meet the original intent. We kind -- we kind of worked with the applicant on this one and thought they were in agreement, but they would like to see this one modified as well. What we did on a number of these coming up, you will see that they say for concept plan one, so we tried to distinguish between the two concept plans here. So, for concept plan one, all structures along the west and northwest property boundaries adjacent to existing residences, shall be limited in height to two stories and shall have a minimum setback of 25 feet adjacent to the existing residences, unless the adjacent uses are changed into nonresidential, with the Meridian City Council ~ • July 8, 2008 Page 18 of 40 exception of the proposed hotel. If the hotel is built at the southwest, as depicted on the concept plan, the 25 foot setback -- and I'm not going to go through the rest of that, but it, basically, keeps what was in the concept plan one and, then, for concept plan two, appropriate setbacks will be determined at the public hearing for the preliminary plats and conditions will be placed on the plats accordingly. No development agreement modification shall be necessary. And the applicant proposes that this requirement be replaced with provision number 21 above. So, 21 is the CUP for 100,000 square feet. So, really, all the -- the kind of protections for the neighborhood with regard to concept plan one, the applicant's asking to go back to just the requirement for the CU for 100,000 square feet or more or within a hundred feet of a residential district. And, then, number 25, for concept plan one, no rear loading areas, delivering areas, trash areas, or intrusive lighting shall be permitted adjacent to existing residences. And, again, the applicant proposes this to be stricken in lieu of the perimeter wall required along the boundary. And that's number 32. We did go back and look at both concept plans and we recommended cutting down the minimum number of buildings to ten. Staff is proposing that this change be consistent with both concept plans. If the applicant -- number 35. If the applicant chooses to develop consistent with concept plan one, constructs a maximum of five access points to Corporate Drive as shown on the concept plan number one, unless the development agreement is modified by the developer once actual users are identified. Then, if the applicant chooses to develop consistent with concept plan number two, appropriate access points shall be determined at the public hearing for the preliminary plat. And, again, the fire department noted safety concerns that all intersections should have a 90 degree approach to improve visibility for all vehicles and that's because concept plan number two shows some odd intersections, but we can address those when they have a more finalized idea of what the road layout will be. So, I think that, you know, the fire department was right in raising that concern, but I think that we get that straightened out through the normal process. And that's all we have for now. I know that the applicant does have -- has provided a comment letter that goes through a number of these one by one. I can -- I'll leave this up, so you can see it as he goes through his rebuttal. Can I answer any questions -- De Weerd: Council, any questions? Canning: -- of Mayor and Council? Bird: I have none. De Weerd: I guess, Council, I have a question for you. Rountree: No questions. Bird: I have none. De Weerd: I know staffs continued to refer to rebuttal, but I didn't know that this was only kept open for this particular report, so do you want rebuttal? Meridian City Council July 8, 2008 Page 19 of 40 Rountree: Madam Mayor, my preference would not -- if we are not going to move forward with this, we don't need rebuttal. If we are going to move forward with this, I believe what we have in the report would be the basis for any favorable vote. So, I don't -- I'm not inclined to change it. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I thought my recollection was that you would ask for Mrs. Canning to basically incapsulize all of the points that had been previously made and that this new report, then, was prepared with those amended changes. I think it's incumbent to allow the application the ability to rebut. They have filed a written letter, so I don't know if you need additional testimony to that, but I think they do -- are entitled to at least be able to put their comments on the record that are in opposition to this new report, because there is some different information that they, obviously, disagree with. So, if you think they are sufficient with the written, that's fine. Otherwise, I do think they are entitled to at least put that on the record. De Weerd: Thanks for clarifying that. Rountree: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would not disagree with what they have got. If they want to testify, that's fine. But we kept -- we continued this public hearing strictly for this one deal, but being the applicant, they should get rebuttal time if they want it. De Weerd: So, you want additional information to the letter? Canning: Madam Mayor -- Bird: A copy of their letter -- Madam Mayor, if they want to, if they feel the need to testify, I have no problem with that, but if -- I don't need it. De Weerd: Okay. Mrs. Canning. Canning: Madam Mayor, Members of the Council, there is -- the applicant has provided a number of comments that are basically new information. If -- if there is a split in Council regarding whether or not they want additional testimony, you could just limit it to -- based on these items, rather than bringing up new suggestions or new standards. E ! f; { { 8j I ~ i ' #; Y ~ ~ t! 1 k , 7 I E ~5~ ~ (] ~ Sl ` Qt 1 (~~~ ~ ~ t ' ~ , Q y y ~~i ~ ' i1 z9 ~ ~ ~ I 1 ~ g33 ~ ~ ~ ~ j1 ~ ~ ~ i ~ I ~° ~ ~~ ~ f =_ ~ ~ ~ s s ~ ; Ei~ ~~~ F { ' ~ - F e ~ ( ~~ _ ~ ~ v ~ ~ ~ {. 3 I, i a ~ ~~ ~ j i { ~ 33 te, ~ ~ -~ ~ ~ ; ~}; ~ { C !i .~ ~ i x F ~: ~ ~ " ~ ~ 1 ~ t j t 41 ~ ~Y, 77' + ~~ ~ ~ ' i ~ 9( i rit i ~ 1 51 _ ~ ~ C 1 ~ L4 ~ I ~ _ ~ ~ _ 3 ~ - ~ }r ~ ` ~ r ` I ~ ~ i ~ 0i .~M ~ ~ , rf . ~3 ~ ~' 1 ~r ;, ~ ~~ ~ ~ , ' ~~~ ~ Meridian City Council July 8, 2008 Page 20 of 40 De Weerd: Well, if they bring new information, I'll have to open it up to all public comment. So -- and, Council, you can't split, so -- there is three of you. So, what would you like to do? I have heard from one. He would like to hear comments from the applicant in the form of rebuttal. Rountree: And one that said no. De Weerd: One that said no and so it's up to Mr. Zaremba. Zaremba: I felt that the purpose of our asking for the continuation was to see in writing many of the things that we discussed about and to clarify for us and for the applicant what our answers to some of those questions were. I think the clarification is for the benefit of the applicant, as well as for us, and I think it would be fair for the applicant to address those, limiting his testimony to only those subjects, not supplying any new information. De Weerd: Okay. So, I would invite the applicant to, please, provide that rebuttal, but if you do enter -- if you do interject new information, I will open up the public hearing for additional public comment, then. Nickel: Madam Mayor, thank you. Shawn Nickel, 6223 North Discovery Way, Suite 200, in Boise. De Weerd: Thank you. Nickel: Representing the applicant. It was my recollection that you were going to allow us the ability to speak. I think Council Member Rountree's comments were to make sure we were not accepting -- or not accepting conditions that we couldn't live with, otherwise why -- why approve the annexation if it's something that we are not going to go forward with that. It was my recollection was that we wanted to have that ability, so I appreciate that. De Weerd: And you do not have the ability, but if you entertain -- if you enter in new information, I will open this up again. Nickel: Okay. And I'll just leave that up to you as to whether I'm giving new information. I'm going to go through specifically the conditions that are proposed by staff based on our past meetings and what brought us to this point. So, I hope I can do that. Madam Mayor, Council, there are 37 conditions proposed by staff, of which ten of those we would like some clarification or modification on. Beginning with condition number three, the developer -- the developer that this applicant is working with, that has spoke in the past, may very well come back and construct this as a shopping center and may very well build the section of Waltman Lane from our eastern boundary to the new intersection. However, in the event that this center does not go with that second concept plan and is developed lot by lot and building by building, as is indicated in the first concept plan that we originally approved and because of the anticipated traffic that i sag ~ ~ ~ ,. ~ {.i. i n• ~ I ~ € ~ I 'r! ~ ~ ~~ ~ ~ e ~,~~~ i _ is i ~ ~ ~~~ ~ ~ ~ ~~ ~ ~ ~ ~.' ! i ~ ~ A~ h $ C' ° 5 2 5 p ~ * ' } ~ 3 f F 4 ,g ~~, ~ ~, ~ ~ ~~ ~ ; ~ ~ ~ I ~ ~ ~ ,. e~ ~ t ~ ~ ~ ~~ ~ ~ ~ z .t s 1 'j ~ ~ ~ g ~ ~ j I ~ ~S A I } ~ b y~ . t ~ ~' y{; t F k ~ ~ i ' Z , ~ 1 ` ~ ' , ( Meridian City Council July 8, 2008 Page 21 of 40 A has been analyzed and conditioned by ACRD not to require these up front improvements on Waltman, we would like to propose a triggering mechanism for that -- those improvements to Waltman to allow up to 150,000 square feet or -- make sure 1 phrase this right -- to allow 150,000 square feet of office and retail before the -- before that triggers the Waltman improvements on that one stretch or if a big box comes in with that first phase or any phases, that would trigger that Waltman improvement. In other words, ACHD is not requiring -- based on the vehicle trips that we have- been conditioned through ACRD, those are in place and have been recognized by this body, without that section of Waltman being constructed. De Weerd: So, you wouldn't do any improvements on Waltman until 150,000 square feet? Nickel: That's what we are proposing or until a big box -- or if the big box is -- of any size is proposed in that first phase. Zaremba: Madam Mayor, that isn't the way I understood the previous discussion. De Weerd: That's new information. I haven't heard that comment, so -- Nickel: So, we have testified at the last two or three meetings that we understand that that -- at some point Waltman is going to have to be built, but it's not a condition of approval with ACHD. In other words, our traffic analysis and their traffic analysis has a set point where the second access to Corporate has to be built and that is what is conditioned and so -- De Weerd: I guess -- Nickel: I guess what we are concerned about is we come in with our first building and it's 10,000 square feet and it's a dentist office and it's built off of Waltman Lane. In order to build that one dentist office we have to construct the entire Waltman Lane improvement. So, that's our concern is that we got to have some triggering point where it's feasible for the developer to build Waltman Lane up front and have the square footage needed -- necessary to make the project work. So, I don't know if that's -- Rountree: I don't need to hear anymore, I'm De Weerd: I guess I remember a conversation about Corporate, but not about Waltman. So, I must have zoned that part out. Nickel: I guess -- I mean -- and to clarify, we are not talking about our on-site improvements, we are strictly talking about the eastern boundary of our property to the new intersection, so that the -- that off-site section of Waltman. Zaremba: Madam Mayor, I have to say again, I don't remember anything that triggered in my mind that that was not going to happen before the first building was built. I realize ^~' :,x ' iii ~~:~ ,~ . ~E; )7 T f ,. y. ~,~ ,.figg. ; . . ~ ~ } ~~ 'a'7. ' ~3' t r %. x i ~ ~ ~ ~ , . . ~1'~:. .. ~ S. ' : ...~ 'y dl r.:. .. ~ ~ 'i:) ~ ~ . y . ~ ` £ #$ ~.: 4 ~~ . ..~ .. . 5, 4.- 9i~ ~ 3j Z ~ . 5 444 . y :. } ~ 4 ' .~ 7' ' ~.. , id ~ ~ .. e y .i ~ ' ~~ci '~ ' ~ ~ I ~ ~ ; 3 ~i:.~ ; .~_. . .~. . f ~~y., , !~= ~ ~ `' f: i. .)•; . . ~ : g (}( j ` ~ {} ~'a i:6 {5 { r S SR A ~. ~~ a`.! jj ~' Y' ,~ r - . l,R. (~~{ .are "~? "~: i, f.~: ~,. '. ,S ear tli ~ ~~ ~ }..t I~ ¢ , tt {'.3 iii ~` r 44~:~:: . { P° (( 1 7, y P y. i g~gyy M r ~~ Meridian City Council • July 8, 2008 Page 22 of 40 Corporate discussion was triggered at some time later, but the existing Waltman is challenged with the traffic of just the few people that live there right now. Nickel: Okay. So, that's -- that's regarding number three and I guess I'll continue. Condition number seven. The applicant -- condition number seven talks about the no building permits being issued for buildings with -- no building permits being issued until the construction of the split corridor -- the intersection of Waltman, Meridian Road, and Main. And what the applicant is proposing is the ability of -- the building permit for the first phase of development sometime during the construction of the split corridor. No certificate of occupancy will be issued until completion of the comdor. This will allow a big box development to begin construction immediately, rather than delaying development of the property an additional year -- or up to an additional year if building permits were pulled after the corridor is built. Any clarification on that one? No? Condition number ten, which also talks about the phasing and the construction -- the construction traffic as the split corridor is being constructed, if you decide to modify condition number seven, condition number ten would also need to be reflected in that. On condition number 17 -- and staff brought up this one. it currently states: Except for the potential hotel site at the southwest comer, offices shall be constructed along the west and northwest boundaries of the site as a transitional use to the existing residential uses and we would like that one -- that one stricken in favor of condition 19, which prohibits the specific uses that we have talked about in the past, including the drinking establishments, fuel sale facilities, truck stops, and vehicle washing facilities. Condition number 18. Also we'd like that to be stricken. We feel that that is addressed in condition number 21, which states all structures proposed on the site over 100,000 square feet that are within 100 feet of the residential district or use shall obtain a Conditional Use Permit. So, condition 18 as proposed to you requires a Conditional Use Permit for all restaurants and retail uses proposed along the western and northwestem boundary. And, again, that was one reason we were proposing the wall and the extended buffer, landscaping, berm was to provide buffering along those boundaries. So, we could have uses other than strictly office. And, again, uses in the C-G zone that require a Conditional Use Permit we will, obviously, get a Conditional Use Permit for those uses. Condition number 22 would state -- as it's proposed to you: Restaurant uses approved through Conditional Use Permit and we would like that Conditional Use Permit approval removed from the condition. We believe that the restaurant uses, with the exception of the drive-thrus, are prohibited, should be allowed along the west and northwest boundaries, again, with those -- with those, elements that we put in place, the wall, the buffering, the hours of operation and all that. Would you like me to continue? Condition number 23 is just a clarification, understanding that the normal or standard business hours would not limit stores from having special holiday one day sales, et cetera. Condition number 25, again, is just a clarification and it talks about no rear loading areas, delivery areas, trash areas, obtrusive lighting, shall be permitted adjacent to existing residences on the west end -- thought we said northwestem boundaries adjacent to -- adjacent to the residential uses. We'd like that clarified that that is northwest on that condition proposal of number 25. Two more. Condition number 30, since this is a platted subdivision with individuals uses on each lot, the applicant would request the same wording consistent with condition number 32 Meridian City Council July 8, 2008 Page 23 of 40 regarding landscaping improvements being constructed along the interstate prior to occupancy of the adjacent building. Staff is requesting that the entire landscaping area on the south boundary be built prior to occupancy of the first use, since this is a plat and there is going to be multiple uses and multiple lots, you'd like those lots and those developments to be responsible for building that portion of the landscaping. Obviously, we would have a revised or the adopted landscape plan that will follow for consistency. And, lastly, condition number 32, regarding the proposed masonry wall on the west and northwest boundary, the applicant would like to substitute awall -- substitute the wall for a six foot closed vision fence with a 25 foot landscape buffer if the uses adjacent to the residential developments are developed as L-O or office uses. So, again, we are building the wall, the extra buffering, the extra landscaping, berm, for the more intensified uses that we are proposing -- or were wanting to propose or wanting to have in there, like the restaurants, like the retail. If it just develops as office, we would like the wall replaced with six foot solid fencing. That's it. I will stand for questions. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On your item 32, wanting aclosed -- closed vision fence if it's L-O, so the first development that goes in there is L-O and you start with a vinyl fence and, then, you have two restaurants, it seems to me that it's a case where you design for the worst case if you're going to do it, you're not going to have vinyl and masonry block and picket fence and masonry block and vinyl, so -- Nickel: I'll leave that -- I'll leave that to -- to this body, if you want -- if you would like to be -- for it to be consistent, that's fine. De Weerd: Any further questions? Bird: I have none. De Weerd: Now, Council, it seems to be Councilman Zaremba and I's opinion that we heard a new comment. It opens up for a public comment and so I -- unless I hear opposition, I will do so. Bird: That's your call. De Weerd: Okay. Thank you. Okay. I would open this up for public comment based on any comments Beard tonight. Yes, sir. Just new information. Nary: Sir, if you want to just use the mike -- you can scoot up, you don't have to stand up there. ~ ~ ~ ~ ~ ~ iif ~ E1 ~ iii ' {{ ~ '°~ ~ ~ . ~; ~ 1~ s ~ ~ ~ ~, ~~s; ~ I ~~ '~ i zk~ ~ ~ - ~ , ~~s E ~~; ~E ' ~ t ' 3 ~ ~ t 4 j~~ ' i~~ ~ .ci ~ i P `~ I kt _ # ~ ~ ~ f 7 ~Q. ~ i ~ E s .~ ~ ~ ~ f~' ~ 4 ~[ I ' a k j ~ ~ ~ `r . ~ ~ '~ t~ S - { ~ { it ~ t r i~ ~ ~~3 ~ 1 z ~ S f ~ ~( ! ° :~}' . I! ~t' i ~ t~; ; ~ E ~ I cf' [[[ ~ is ;~ ; I ~ ~ k ' 4i7 i. ~. F ~ ~, ~ t ~ l., ~ ~ , ;t ; ;; ~y a ~ ~ : ,~ ~ f ~ ' Y~ t ~ t ¢ £ i< r , ~~ ~ ~ ~ t k' c S Meridian City Council July 8, 2008 Page 24 of 40 Cope: I can get up here. Appreciate speaking tonight, although it causes me considerable pain and suffering to get here, I wanted to speak with you again. My name is Duane Cope. I believe some of you may know the name. I have written repeatedly with comments about this Browning Subdivision going on -- this Browning conduct in there. De Weerd: Mr. Cope, could we also have your address as well, please. Cope: My address 335 Waltman Lane. De Weerd: Thank you. Cope: It's on this letter and you will also have it in your desk in the letter, so -- De Weerd: Yes, we do. Cope: But if you want to know, 335. I have been there about 33, 34 years, so -- at any rate, you folks have had several documents from me. I reiterate those documents here tonight, which I will give you copies of. I also want to say that as far as his putting something in on the west -- or, excuse me -yeah, west end, feel free to annex it. In fact, I'd like to see it annexed, because of the amount of criminality that has been going on down there in terms of drugs, in terms of poaching the upland game birds and water fowl. In fact, there is one nut case down there that's been bragging about poaching upland game and water fowl. He will be, I assure you, meeting Fish and Game. I promise that. Okay. Did the police officer get a copy of this? Can you give him a copy as well, since I have filed a complaint against the Meridian police department. Okay. So, you have copies. Feel free to read it at your leisure. Again, I reiterate go ahead next it. Go ahead and make it into the city. Take your money. Why not. You have been taking it from me for 24 years for nothing. I mean nothing. In fact, even my trash is not city. My trash is the 99 account. So, no, you're not even providing trash to me. No water. No police. Not nothing. It will not happen, ladies and gentlemen, and I assure you of this, you're not going to take my well out. I put in three wells. Last one was a year ago. Don't even think about it. Now, with all due respect, I thank you folks very much for your time and your attention. Please go onward with your buffoonery. De Weerd: Thank you. Additional comments? Haddock: My name is Christie Haddock. I live at 650 Waltman Lane. De Weerd: Thank you. Haddock: I am just concerned about not improving Waltman. How am I going to get out of my driveway? I'm right across the street from this. And that's, I guess, my big concern. Five kids. How am I going to get out of my driveway? And -- and I know ACHD's number, I have had to call when we couldn't get off the lane because they were blocking it. So, if we -have to call them or, heaven forbid, the Meridian Police j g -r -' S ~ s ;3 ~ ~ t~ ~ ,l r I i i ~, ~ . 5 1 ~ 3i~ ~ 3~~ .~ ! ~ ~ _ ~ a. . ! ?j, r u ~ f g ~ ~~ r ,, , ~ I ~ t , ~ t ~~ ~ ~ I t ~ ~ ~ ~ i ~~ ~ ,l 1 ; ~ i _ : fl' r s .j ~~ l; t 1~ t 3 ! C s t i , ~ _ ' ~ ~ : ~ ~ g Meridian City Council July 8, 2008 Page 25 of 40 Department, but I'm just concerned about how it's all going to function without roads being in place. De Weerd: Thank you. Okay. Is there any further testimony? Yes, ma'am. Aldridge: My name is Donna Aldridge and I live at 365 Waltman Lane. I have attended all the meetings and I don't understand the developer -- Nary: Can you pull the mike down a little, ma'am. De Weerd: Can you pull that a little closer to you? Aldridge: I don't know why the developers have tried to get something through. They are opening up a can of worms and Iwrote -- you know, you got a letter from me -- when they opened that road up about 20, 25 years ago, you know, it was a disaster. We had to have the police there. I had to have -- they wouldn't even let me have a -- they have no consideration, people don't. And it was a total mess and now they want to open up another can of worms, so we can't even get out of our driveway. It's a peaceful lane. I don't know why they don't just leave us alone. If they want to put in a frontage road in the back where there is no people on Johnson's Lane, that would be just perfect, because there is going to be a lot of developers back there, like Sesco, they are going to want to come forward, too, with something when -- if you guys get a development through. So, why don't these guys all get together and leave Waltman Lane alone and the residents of Waltman Lane, and let us live in peace and if they want to get this development through, they don't want to do what they should do, that they shouldn't be able to get it through. De Weerd: Thank you. Okay. I'm sorry, sir. We would need you on the public record, so -- okay. Would the applicant like their final remarks? Canning: Madam Mayor, before Shawn gets up there, did you want me to comment on Shawn's revisions at all? I can if you want me to. That's -- Rountree: Sure. De Weerd: You probably should before his remarks. Canning: With regard to the condition number three -- sorry. Staff was not in favor of the -- not doing Waltman at the beginning. We do believe it's necessary for a lot of the reasons you have heard from the public tonight, that it is a substandard road and the fire and safety concerns as well. With regard to number seven, we don't feel it's appropriate for the applicant to be able pull a building permit until the construction traffic is -- until the split corridor intersection improvements are done. We feel that the construction traffic would just overwhelm that intersection while they are trying to work on it. It is going to be difficult for the residents to get in and out of there already. Having that additional complicating those movements would be -- we don't think it would be ~: Meridian City Council July 8, 2008 Page 26 of 40 appropriate. And that would reflect item number ten as well. With regard to number 17, I think I stated this as I went through our conditions the first time. I do think it's appropriate to leave some of those restrictions in place for those westem properties and northwestem. With regard to -- that was 17 and 18. With regard to number 22, I understand now that what the applicant means is that restaurant uses approved through the CUP process -- because they were no longer proposing the CUP process for restaurants, that's all they wanted stricken from that, I believe. Not the rest of it. And I think that regardless -- that would be okay. So, it just says restaurant uses along the north and northwest boundaries, that's still is the intent of the -- the provision, the DA provision. With regard to number 25, they just wanted to clarify that it was the north and northwest property boundaries and, again, we did try to make that change universally. We missed that one. We tried to change all the west and northwestem. So, we are in favor of that one. De Weerd: Anna, you skipped over 23. Canning: I'm song. Rountree: Same thing. Canning: And we put the word standard in there to imply that. So, that's fine. That's what we meant by that, that they didn't want to have their Christmas days -- or their Thanksgiving day sale -- the day after Thanksgiving. That's what it is. Have to -- not be able to do that because of the time restriction and I think that most people know that if they have a retail business that there is a couple times a year when they open early. So, I wasn't opposed to that. Actually, I think we added that. That was our understanding. Okay. Now you come down to 30. On street buffers we do typically require that with the plat approval, if it's anything other than a local street. So, we would look to see that 50 feet of landscaping done at the time of plat approval. With regard to item number 32, I think that Council Member Rountree hit the nail on the head with that one. Even though they may only propose an office use, because it's zoned C-G, that could transition to more intense uses over time, so I think we need to either zone that property up against the westem boundary for L-O and, then, they could do a lesser fence, or they should do the masonry wall with the C-G zoning. And I think that that's been a very consistent move by Council on a number of annexations or development proposals that are C-G next to residential. And I believe that was it. De Weerd: Okay. Council, if there is no questions for Anna, I'll ask the applicant for wrap-up remarks. Nickel: Thanks, Madam Mayor. Again, for the record, Shawn Nickel. Okay. So, let's try this again. With regards to condition number three -- and that seems like the one that everyone kind of rolled their eyes at me over -- and staff did clarify and I just want to get this on the record, that from the very beginning it was not a condition of approval from staff, from ACHD, from Planning and Zoning Commission. It started -- it started at Council and the first time we heard it as a recommended condition of approval was two Meridian City Council July 8, 2008 Page 27 of 40 weeks ago when Council Member Rountree said he wanted that -- he wanted us to come back with that as a condition of approval. Understanding the -- I guess new safety concerns that have been brought to light with the fire department and their need for those -- those two lanes -- and, by the way, you guys all rolled your eyes at me. I'll retract that -- that request and we will make that -- and we will accept that as a condition of approval for the Waltman extension off site. We are doing all the improvements on site, all the Waltman, the Ruddy's and all that, we have to condition for Corporate at 8,000 vehicle trips per day, so may as well just finish off the rest of the outside street and extend the Waltman from the eastern boundary to the new intersection. With that, though, we would -- we would really like to push for the allowance of that building permit at the time of construction to get that big box, if that's what's going to go in there, going prior to -- or -- yeah. Prior to completion of that intersection. There is already going to be construction traffic on Waltman to rebuild it. We would like that allowance for that -- understanding that no certificate of occupancy is going to be issued until the intersection is complete, we still are not -- we don't want to lose an additional year and potentially a user if they can't come in and get started on that. They are not, obviously, going to take the risk of starting knowing that they can't get the completion until the intersection is completed. But we understand that once ACHD starts that project, they are not going to -- they are not going to stop midway through. So, I think that's a safe bet on that -- on that developer's part. We'd like to keep condition seven as I -- as I have proposed. And with the modification of condition number ten to reflect that as well. I believe staff -- I can't remember if staff had agreed to strike condition number 17 and 18, in lieu of those other conditions. Canning: No, sir. Nickel: Neither one? Canning: Huh-uh. Nickel: Okay. Again, we would -- we believe that -- I guess moving -- I guess moving down -- if I can find it. Sorry. Condition number 32 where I -- where I was trying to modify the wall. If we are -- if we are agreeing to -- for consistency sake, to build that wall along the entire boundary -- westem boundary, with the understanding that we are doing that to try to provide transition and noise barrier and buffering to those uses on the westem boundary, that condition 17 and 18 should recognize that we should -- we should have those uses allowed along that boundary as permitted uses of retail and the restaurants without going through an additional Conditional Use Permit process. And, then, jumping back up real fast, I believe that was -- staff had recognized the hours of operation and clarified that. And staff had also clarified condition number 25 about that being the northwest comer. And we are fine with condition number -- we understand and will accept condition number 30 to build the buffer along the entire south boundary along the freeway as part of that first permit. I guess the condition that we are asking for your help tonight is conditions number seven, ten, 17 and 18. Ten we are agreeable to the conditions. Meridian City Council ~ • July 8, 2008 Page 28 of 40 De Weerd: Okay. Council, any questions? Rountree: I have none. De Weerd: Okay. Thank you. Nickel: Thanks. De Weerd: Okay. Council, if there is no further questions for staff or the applicant, I would enter a motion to close the public hearing. Rountree: So moved. Bird: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on these two items. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would like to thank the staff for what was a monumental effort in organizing and clarifying discussion on a lot of subjects. I am agreeing with staff in the necessity to keep many of these elements in. The few things that Anna mentioned that she agreed with, I could support agreeing, if the other things I would like to see stay as staff proposed. De Weerd: Okay. Thank you. Any other comments from Council? Bird: I have none. Rountree: Madam Mayor, I'd second Councilman Zaremba's comments about staff. They did a great job of pulling this together and compliment the applicant as well and with few exceptions generally agreeing to what's been discussed. So, with that -- Canning: Madam Mayor, while Council Member Rountree is pausing, I would ask that on -- if he's pausing to make a motion, that on item number 14 when I asked the comments does City Council want to include reference to upcoming design guidelines, there was head nodes, but if someone could articulate that in a motion, if so desired, that would be helpful. ! ' ~~ f ~ ~ F~ 6 ~ i ~ tt ~ j ! E 1 ~ ~ ~ ~ ~ F 3 iY i~ , ~~r t~ ~ ~, ~ yg i ~Y ~ 4 '. ~ ~ ~ ~ F p '~ ; r ~~~, i F F, f '~ f ' ~ i, i% ~f _ ~ ..,~ ~ ~ ~. ', ~j- ~ - ` } ,, i_ ~ yt3f`~ ~'~ ~~ ~ ,I EF l~J,. Y ~ ~ f,., 1 ~ p F? rL t 1 ' ~ ! ~ ~' ~ :~j - ' ~ ~~4 i I, F . ~ ~f ~ ~. a } Y ~ ~ 1 ' n i g~ ~ ~' y`~ t~_ k i 7 1 ~I Z }. i. i e j $ ~ i $ ~j ~ ~ t ~ ~ 1 3 ~ + ~ i ~ '~ V f 'i ~~ t! {. I ~ i .. Meridian City Council July 8, 2008 Page 29 of 40 De Weerd: You mean nodding heads is not enough? Rountree: You're lucky you got that. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I will propose a motion. I move that we approve the annexation for item nine, AZ 06-063, with the conditions as outlined in the staff report. With reference to comment 14, there would be mention of the future design guides that are in draft form at this point with the City of Meridian. That items 23 and 25 be -- in the staff report be amended to reflect the concerns of the applicant and have that be the basis for the finding in the development agreement to enter into with this annexation. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Canning: Madam Mayor? De Weerd: Yes. Canning: I believe the discussion was with regard to item number 22, taking out the phrase: Through CUP process. Rather than item number 23. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Even though it appears that there may be some places where we have said the same thing in different ways, I don't mind leaving those in as stated. Part of the issue that we have learned to deal with is that we have an applicant that we can stand here or sit here and make agreement with and -- and we know how we have agreed to interpret what's in writing. But we have been bit a few times by property that has been subsequently sold to somebody else who didn't have that interpretation. And Iwould -- even if it's redundant, I would rather leave the wording in, then, take it out. Personal opinion. Rountree: So, Madam Mayor, I would amend my motion to include that change in item 22 and I suspect the second will agree with that amendment. Zaremba: Second will agree. De Weerd: Mr. Bird? 3 + ~!~ Al ' f ' ! 1 , ~ , ~~ i~ ' , ~ li ~ ~~ i ~ t ~ k f 1 ~ `f € k (( 1 ~ ~ c ~~ ~ ~, ~ ~ 7 ~ f ~:.~. I ' :~ 1 ~ ' Yy ~ ~, ~ I ~ ~ i ,~ € ~ s x'' 1 i j r }4 ~ ' < < x # ,€ ~I ~~~ ~ I ~ ~ s ~ ~; e ~ ( ~ ii Meridian City Council July 8, 2008 Page 30 of 40 Bird: Yeah. That's just -- I thought the motion was made to include all of staff report. That's what I was going to vote on. I didn't know we deleted anything out of the staff report. De Weerd: No. You just agreed with the applicant on a couple of things. Bird: That staff report, what she publicly testified. De Weerd: That's -- you're correct. Rountree: So, my amendment would be in agreement with the amending item 22 per discussion with the planning administrator. Canning: Okay. So -- Zaremba: And I have would left it alone, but I'm agreeing with the maker of the motion. Canning: That's what I was confused about. Okay. And so, Madam Mayor, Members of the Council, I'm song, Council Member Rountree, did you want the change 23 to state something or was -- Rountree: The change to 23 was the change that was -- Canning: Already done. Rountree: -- already done. Canning: Okay. Rountree: Okay. Yeah. De Weerd: Okay. Any other questions? Seeing none, Madam Clerk, will you, please, call roll on this item. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 10 on the preliminary plat. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. f~ } „ ~ ~ ~ ~ `, ~ 1 +~ { a _ ~ ~ ~ s ;~ ~ ~ ~, ~- f. t ~ ;: ~ k ~ 55E ~ q 4 ~ ~ [ ~ ~. ~ b ~ ~ t r ~ {{ 1 ~s , ~~ ~ F~~ ~ ~ f F ~ rf~~ s ~ ~ ~ ~~ ~ ~ i ~~ r S 7{ I' C I F 1 ~ 3 ( 4 k yF ~~ Meridian City Council July 8, 2008 Page 31 of 40 Rountree: I move that we approve Item No. 10, preliminary plat PP 08-001, subject to comments received through the hearing process, staffs comments, and commitments on the part of the developer. Bird: What option? Zaremba: I didn't hear Mr. Bird. Did you second that? Bird: I said what -- no. I said what option. Zaremba: Oh. Rountree: The one that the -- the option was before us as option one. Option two is conditioned in the annexation that it has to be another public hearing. Bird: That's right. Zaremba: I will second that. De Weerd: Okay. I have a motion and a second to approve Item 10 with the description as noted. Any discussion? Hearing none, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Public Hearing: PP 08-004 Request for a Preliminary Plat with 6 residential building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield Subdivision by Cottage Investors, LLC - 3295 E. Falcon Drive: Item 12: Public Hearing: CUP 08-008 Request for Conditional Use Permit approval consisting of Assisted Living Facilities containing 5 buildings with 15 beds in an R-8 zone for the proposed Maxfield Subdivision by Cottage Investors, LLC - 3295 E. Falcon Drive: De Weerd: If someone would, please, let Councilman Borton know. Okay. Item 11 is a public hearing on PP 08-004 and Item 12, public hearing on CUP 08-008. I will open these two public hearings with staff comments. You may want to take a moment so Councilman Borton can -- Rountree: Watching a game or something. Bird: I was going to say, is he getting away. u~t,~~~ ~ ~., ' ~ i ~ ~ ~' ~ ~ ~'~' ~j~$~~ ` ~ ~ l 3 ~ ~I ( ~ (~ -: yl N ~ Illi ~ ~ ~ ~ ~ _ ' , k ._ ,. ( ~, 7 i2,, ,. i ~T- ~ ~~~ z , ~ ,~ `~ G~ i ~. <{ ~ ~.~ - i4 3 + 1 `F~ r r „ ~ ~, ~; ~; i ? i + 4 3~ Meridian City Council • • July 8, 2008 Page 32 of 40 Canning: Madam Mayor, Members of the Council, this is the Maxfield Subdivision project. It's -- the site is located at 295 East Falcon Drive on the east side of Eagle Road just south Victory Road. The applications before you tonight are a preliminary plat and a Conditional Use Permit. North shifts to the left on the next two site plans. Highlights of the proposed development include preliminary plat approval of six residential lots, one common lot, on 4.7 acres. It's currently zoned R-8 and concurrently the applicant is requesting CUP approval to construct and operate an assisted living facility comprised of five 8,525 square foot individual facilities, each with the potential to house up to 16 patients. Access to the site is proposed via a private loop street from East Falcon Drive, not Eagle Road. Forty-nine parking spaces are proposed. Amenities for the site include two gazebos, a walking path, and approximately 18 percent usable open space. There is an existing single family home on the site that is proposed to remain, with access provided from Falcon Drive and not the proposed private street and they have subdivided that house onto its own lot. In 2005 the City Council approved the annexation, preliminary plat, and Conditional Use Permit for the subject site. Same name. As part of the annexation the developer and city entered into a development agreement. Although the property was annexed, the preliminary plat and the conditional approval has since expired. The project is very similar, with some changes in the site design, so the use is nearly identical. They have done some changes with the site design and the number of lots in the plat, but it's really, essentially, the same project. The gross density is 17 beds per acre and number of proposed buildings -- there are five new buildings proposed, plus the one single family home to remain. You do have some elevations. The landscape plan. Maybe I'll point out the structures here. This is the existing home. Then, each of these is the -- is an individual assisted living facility. And here is the little loop road. And these are the conceptual building elevations. The Commission recommended approval at their June 5th hearing. Gerold Maxfield and Van Elg spoke in favor. No one spoke in opposition or commented. The key issues of discussion by the Commission were the construction materials and the phasing plan. And the key Commission changes to staffs recommendation, they modified condition 1.3.3 to require all future buildings on this site to be constructed of stucco with stone accents. And we have received no written testimony since the staff report and to our knowledge there are no outstanding issues for City Council. De Weerd: Thank you, Mrs. Canning. Any questions for staff at this time? Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant like to comment? Canning: So, Van, do you want me to put this up or no? Elg: I have got a PowerPoint presentation, but I don't know if you want to spend the time on it. If you'd like to, I'll throw it together. Meridian City Council ~ • July 8, 2008 Page 33 of 40 Rountree: Sure. Zaremba: Since you prepared it, let's -- Elg: Look at it, uh? De Weerd: We hate to waste your -- Elg: I'll be quick with it. I won't go through the whole thing. For the record, my name is Van Elg. I'm with The Land Group. 462 Shore, number 100, Eagle, Idaho. I'm representing Gerold Maxfield tonight for the hearing. As Anna represented, the site is 4.7 acres and was previously rezoned to R-8 back in 2005 and when Gerold came to us after the application had expired, we looked at just revisiting the same plat, again, as a two lot plat, but as we looked at it, we thought, well, sometimes even good ideas mature a bit and we came up with another design that we think is a lot more palatable. It's not coming up, uh? Canning: No. I think it's crashing. Elg: Oh, is it? Okay. The -- Anna, maybe you could go back to our original -- to the site plan. Canning: Maybe. Elg: That's good. That will do it. The original site plan, if you can see in my presentation, had a building here. The buildings were kind of scattered and the road system came in, back out and down and it was a little bit disjointed. When we came with this design, one of the things that talked about with Gerold was the idea of platting each of these on individual lots, for more obvious reasons, for flexibility, for marketing, for occupancy, so that he could build these units based on -- on those factors and get individual financing on each lot as he proceeded with the development. Oh. Go to the next one. And next one. Well, there you see the street pattern. You can just hit the space bar, it will go again. And one more time. Again. Again. There we go. So, our new design -- we have -- again, we are north this direction now. We have got a private street loop road that you can see provides a lot better open space and visibility for these units, since this will be an assisted living facility, we wanted to make sure that it was safe for the residents that are there. So, we have provided this open area here. We have provided additional -- a network of walking paths that go through the system -- or through the complex and we will provide the residents with a variety of paths to take for exercise and for wandering. Also, as you will note from the previous plan, there wasn't an open space area here -- there wasn't an open space area anywhere in the plans. This provides an area here with a gazebo, some amenities right here, perhaps some little garden spaces up in this area here and a little gazebo here in this center courtyard where they can sit and watch visitors come and such. Much more pleasant design for the residents we think. The building orientation also provides a lot better open -- open I f!i~!1~! I!~~ ~ !. ~1'13il~Il##~Il:tf 1.i1~lil'~Irs' ~: ;, ~ ;: ~- ~ ~ ~ ~. ~~ i~. i .~ I, "'' t, ~• ~! !I i ~. -~ t Meridian City Council July 8, 2008 Page 34 of 40 view here, as I mentioned before. The -- we have talked to the fire department and with Sanitary Services and both are very agreeable. We have got emergency accesses here to provide for the hose drag lengths. We met with Joe and he was comfortable with that. Interesting note is we met with him and we looked at the old plan and Joe indicated that there probably would have been some problems with the old plan in getting a hose dragged to it, which hadn't been noted before. So, this site resolves some of those -- this new designs resolved some of those problems. We also -- just to point out, we do exceed the parking requirements of the city. We exceed the open space requirements, which are in this case zero, because we are less than five acres, but we are over ten percent. We have got 18 percent open space for the project. So, I think we have exceeded the standards for the zone all the say around and provided a much better design. There is some -- a couple issues. One is the irrigation facilities. We mentioned in the staff report in our narrative that we do not have enough irrigation. I think it's a matter of hours that we could irrigate the site. It's just not enough. And so we will be -- we will need to connect to city services for that. Also there was a mention in the staff report about phasing. I just want to clarify the phasing issue with this plan. We don't plan to necessarily phase the lots individually. The phasing that we are talking about would be construction phasing, phasing of the buildings. And I think that's kind of mentioned in the report. But it mentions two phases and I think we just need to make sure for the record that we understand that these first two buildings, building A and B, will probably be built with the first phase and I think that's in the requirements that they are built as a first -- in the first phase. And I think Gerold's fine with that. Buildings C and D are built with an orientation that faces each other. In the event that there is an Alzheimer's unit that's developed -- and Gerold is not even proposing that just yet, but in the event that there is, those units could be easily fenced off and there is a condition in there to address that. But we have designed that so that that could occur if necessary and it provides a courtyard for those units. Much more secure and easy to manage. But this building may be built next. This one might be the third building built. We don't know which way he will go. It just depends on the market. So, we want to make sure that it's not a two phase plan, it could be one, two, three, four, five. We could build those, just depending on how the market dictates. And so in addition, in condition of approval 1.37, I guess I just need to make sure that I'm clear on this one. It's the conditional use statement. It indicates that we have got 18 months from the beginning of the -- from the approval to commence construction for the conditional use. I think there was a little bit of clarification -- or confusion in our minds, perhaps, that each one of these had to be built sequentially 18 months afterwards and I don't think that's the case. I think once we start and build these, that we are okay with the conditional use and these can be built maybe just a couple years later or something, but we have complied with the requirements of the conditional use. I think that was our understanding. And maybe Anna could clarify that for us. But -- oh, Anna did point out that this existing house is remaining there. One thing that was approved at ACHD level -- or the last time, there is an access drive right here for this house and they have another one right here. During the last application ACHD didn't say anything about that, they apparently weren't concerned. During this one for some reason -- I guess maybe because of the other developments occumng, they would like this access closed and we are okay with that. It was just -- it was a convenience thing for them to get back to Meridian City Council July 8, 2008 Page 35 of 40 the back of their acreage here and haul things, I guess, but if it's important to eliminate it, we will eliminate it. So, with that I will open myself up for any questions you might have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: No. Zaremba: Thank you. Canning: Madam Mayor, Members of the Council, with regard to phasing on conditional uses, we typically have not required successive phases of conditional uses. We do that with plats. But, usually, if you get one building in on the CU, you are, indeed, okay. De Weerd: Is there anyone who would like to provide testimony on this application? Okay. Any further comments from the applicant? Council, any further information needed? Bird: I have none. De Weerd: If not, I would entertain a motion to close these two public hearings. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing PP 08-004 and CUP 08-008. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Items 11 and 12. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. De Weerd: Okay. Is there any discussion? If there is no discussion, do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve Item 11, PP 08-004. i 1 ~ ~ 1 } ~ { ! ~' ~i ~ r pk~ I L j ~ ; I ~.;, t~..' k S ,'j I ~~ 1 s'a b ~ ~ ~ j _~ ~ ~ i S F I~ 1 t ~ ~ ' 4 ~ Y 1 3, ,~ ~ ~ i ~~ ~ ~ ~~, ~ ' ~ ; _ '~ ''LJ I ~~ ~ ~ ~ ~ ~~ ~ " ~1 ~ ~ z l 7 ~ I ! P I 3; ~ ~ {( I ~ ~ ~ ' ~ t ~ ~ ! 4 ~ `~4' f ~ ~' ~ ~ } 1 f ' ~ f I ? lr i 3 ~ P ~ I , ~~ ~ [ r ' + ~~ ' ~ 1 t s ~ i ~ 1 j ~ ~{I '~ ~ Zi ~ i g ~ a t~ t ~ !' ~ ~ ~ ~ ~ '~ ~ ~ I i i '. y i ~ a ~ ~ ~ t ! ~ ~ tt'~ ~ . ~ ~``' e ~ ' y '~ ~ 'I 1 ? c ~ ~l i 3 ~ + ~ ~ ~ i ~'~ 1 i ~ ~ ~ ~ , f C ~ { S 1 h d C P i ~ 4 !~ ~~i_ S ~ ~j ~ f ~ t s ~ ~g ~ ~ ~ ~, .d' j ~ ,~ ~ 1 L~, i~~ E y F y~ ,~ ~ ({ kk ~j ~ ~ ;', j ~ ~ r r j ' Meridian City Council July 8, 2008 Page 36 of 40 Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 11 discussion, Madam Clerk, will you call roll. If there is no Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 12. Borton: Madam Mayor. De Weerd: Mr. Borton. Borton: I move we approve Item 12, CUP 08-008, to include staff and applicant comments. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 12. Is there discussion? Seeing none, roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: AZ 08-006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Proaertv by Denise Alter - 2741 E. Leslie Drive: De Weerd: Thank you. Item 13 has been requested for a continuance. Bird: Do you want to open the public hearing first? De Weerd: Oh, yes, I will. Thank you, Mr. Bird. I will open this public hearing for AZ 08-006 and -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we continue Item 13 to July 22nd, 2008. Bird: Second. l~~~ ~ .3 i f i I ~. i ~~ i 4 6@~ F~ t ( ~ j- + ti Ci t; I r i !~ ~ ~ ti ~ ~ ~ <~ ~ ~; ~ ~ ' - f ~. 5 ~ t 7; ' r 4 4 ~ i s i f 4 F I ~ , i i ~ ~ ~ i~ ~ ~ 1 ~ fi i ' r ~ ~~ 1 f {{{ ~ i ! ~ ` 1 . ~ , ' 1 ~ ? S ~ ~ !!! ~ ~ ~ ~ `i''~ i l ~ a ii1~ ~ ~ + s~ y. - i { ~, 11 Y ~ 3. 1 ~ t 4 I . , j ' k ~ ~ a :~ ~~ ' ~f f x E F ~` ~' f i ~? k ~ 1 ~, ~~, ~ R ~k ~ ~ i . F ~.~ i 3 , ,i ~££ It 1 ~ f ~ <> ~~ - I 1 ~r ! ~ i F ~ 1 ~ . i ~ k ~. s t ~ i ~ ~ ~ ~ - ~, , Y .~~ ~.~ ~ - t ~ E r ` ~ ~ , , j-0 ~ ~ ~ ~ ; } ~ ~ ~ { ~ S _ ~ i 1 ~ ~. ~ 1 ~ j f _ ~. ~~ ~~ i~ ~ ~ 7".t f E 1 ,. ~ ~ ~ i R ' ' ~ `: ~ ~ ,~ ( ~ 1 if ~ a ~+ '~- ~ ~' 1 ~q 3 ` ~ y f ~ g ~k ~ . ' j z I ~ f '' ~ ~ ', It .r; ; ~ ~ {t r ~ i ~ ~~ ~ 3a ~ . G E ~ Meridian City Council O • July 8, 2008 Page 37 of 40 Zaremba: Second. De Weerd: I have a motion and a second to continue Item 13, public hearing on AZ 08- 006, to July 22nd. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 14: Ordinance No. ZOA 08-002 Request for a Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment #4 by the City of Meridian Planning Department: Item 15: Ordinance No. 2008 National Electric Code Amendment: De Weerd: Items 14 and 15 are ordinances number 08-1372 and 08-1373. I will ask the City Clerk to, please, read these two ordinances by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1372, an ordinance amending Title 11 of the Meridian City Code regarding zoning and subdivision regulations, codified at Title 11, entitled the Unified Development Code of the Meridian City Code and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 08-1373, an ordinance amending Title 10, Chapter 3, Meridian City Code, regarding adoption of the 2008 National Electric Code as amended, establishing a city electrical inspector, requiring a state electrical contractor's license, requiring permits, regarding non-liability of city, providing for severability and a savings clause and providing a penalty and providing an effective date. De Weerd: Okay. You have heard these two ordinances read by title only. Is there anyone who would like to hear either of these read in its entirety? Seeing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance 08-1372, with suspension of rules and 08-1373, with suspension of rules. Rountree: Second. ~~ t9, ~ ,, f3 c ~ ij . I ~I ~ d 5 '~ .Y ~I + ~C ~ S~ ~ , ~F ~ G # ! Z ~ ~ ,f ~ ` 9 f ~ f i ~ ~~ ~ ~3 ~ . ( ' 3 C h~ i ~, r - ~ s~. ; P ~ ~ i t! 9 ~ ~ ~ ~7 i. F f ~. 1 ti . ~ ~ t ~ ' ~ ~ i . ~~ 3 i_ ~ ~ ; ~ ~ ~j: . z ~ ,~' ~ ~ A ;' ~+ 331 ~ ~ ~ ~ $3 i ! ' ~ ~ j ~~ ' ~ ~ ~~ ~ e . f ¢ t ~l ~ ~{ if 1 9v T T tt I ~ ~~~ ~ ~ ~ ~~ ~ yy ~ Meridian City Council • July 8, 2008 Page 38 of 40 De Weerd: Okay. I have a motion and a second to approve these two ordinances of 14 and 15. If there is no discussion, I will ask the Clerk to, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: Thank you. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 16: Executive Session per Idaho State Code 67-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student), (fl - (to consider and advise its legal representatives in pending litigation); & Q) To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency's risk manager or insurance provider at an executive session does not satisfy this requirement: De Weerd: Item 16 is an Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird: Bird: I move we go into Executive Sessions as per Idaho State Code 67-2345(1)(b), (1)(f), and (1)(j). Zaremba: Second. De Weerd: Okay. I have a motion and a second to adjourn into Executive Session. Madam Clerk, roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move we come out of Executive Session. ~~~ ~ '~ ~ j: h ~ a !r ~ ~ , P r ` 2 ~ . Q ~ ~ ! ~,. , ~ ~ f r , t ~ ' i ~ ~ 4 ~ pyyp'' ` ~ I t ~ ~ i r .~ i e~ a ~ ,! ~ ; 4 ~ ~' h ~ 'd ~ i t i ~ l t ~ ~ Ei ~ - ~" 'l~ r ; Meridian City Council July 8, 2008 Page 39 of 40 Bird: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Out of the Executive Session we had a -- a settlement agreement with Pinebridge -- De Weerd: No. Bird: Isn't that what it De Weerd: Oh, yeah. Pinebridge. Bird: Pinebtidge development and I would move that we approve that development as negotiated and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second regarding the agreement with Pinebridge. Any discussion? Madam Clerk, will you call role. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Councilman Borton. Borton: I move to adjourn now. Rountree: Second. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:26 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ' ~ ~ i .~ ~,. ~ y 1 , ~ 1 , ~ ~~' ~ ~ I ~ ~ 4 :~ ~ x ! i ~ f ` ~ s F t ~ 4: i. r~ t $ ~ ~ ~ ~ s ~ l ,~ ~ ~ ~ i~ ~ ~ i ~ r I j, ~~ ~ i , 5 ;~ ~' ',7F ~ F - , ttt111 t ~~iiii t ~~rr SSii SSS' f ti {tp i FF i 1 ~ ' ~ $ r ~ ' ~~ ~ ~ i ~ ~ ~. 1) L ~ n I ~ } ~ ~ ~ ~~ ~~ ~ y i S + i ~ ff ~ k ~ ~~ f i ~ 1 ~ ~ ~ i.~t ~ , 4 t ~ ~ ~-' i k lY a ~~'!f t~i ~~~ ~ ~ ~ s i ~ r7 ~ i~~i' (,, I .~ ~ ~ : s ~ 1 E A1 1 E - ~ {< ~ ~ {~ v ,~ Meridian City Council July 8, 2008 Page 40 of 40 MAYOR TAMMY a WEERD DATE APPROVED Broadcast Report Date/Time 07-03-2008 11:46:17a.m. LocaIID 1 2088884218 LocaIID 2 Transmit Header Text City of Meridian Idaho Local Name 1 Llne 1 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5"x11 " ~It`~Se. , }'oSi-'riar 1h~d.1. ~.. NOttce. - i i~ nKS 1,1 MagarTammy de weerd ~e~, ~,.d E IDIAl~~-- `~`°~'~'~~' I ®~ ~ ® Charles Rountree Oavfd Zaremba NOTICE OF SPECIAL JOINT WORKSHOP 1 MEE?1N6 MERIDIAN CITY COUNCIL. ADA COUNTY NtGLIWAY DISTIi~CT COAA~IIIS810NER3 NOTICE IS HEREBY G11/EN that the City Counr~i of the City ~ Meridian and the Commissianers of the Ada County Highway District will bald a Special Joint W~icshap ai the Ada County Highway District's Auditoriurrr, 3775 Adams Street, Garden City, Idaho. an Monday, .kdY ~', ZO118 aE 12:OD noat~, They w~I be discussing iha tollawing issues: - Status Report on Fafivleav/Main lnterssr,Uon Study - Update on Lorust Grove /Mciltitlen tntersedton ^- Upa~ta on Community Pmgrems - Update on 7UP - Update on impact Fees - Reneava/ of Vefiir~e Regdon Fees ONrer (Tirr~ pemrift,+nSl The public is welcome to attend _,. ~j DATED this 3rd day of July, 2{1x8. zr~ JAYCEE HOLMAN - CITY CLEF>~< * r ~ . areidancdycoemcASpe~.ra8n,a+~t,aer,rvccnnassrorera-,&dytr A&metertelsprasentedero~e0~ssfu~bearmeurepaapsrtymu~eGAyol ;r;,... AreyonedesbJriBaacamrrwol~nford~+ffi~s~datedtontaend/sorb ~..,•~••• r cones me admPnFstrarron mArr~ CaunfypQghnmyDlstrfCet987-anon etre~ d8 dovrrs ~Orto the ptrAhh mee4ing. Total Pages Scanned : 2 Total Pastes Confirmed : 32 No. Job Remote Station Start Tlme Duration Pages Llne Mode lob Type Results 001 254 3810160 11:21:24 a.m. 07-03-2008 00:01:45 212 1 EC HS CP9600 002 254 8989551 11:21:24 a.m. 07-03-2008 00:00:26 212 1 EC HS CP21600 003 254 2088848723 11:21:24 a.m. 07-03-2008 00:00:22 2/2 1 EC HS CP28800 004 254 8886854 11:21:24 a.m. 07-03-2008 00:00:22 212 7 EC HS CP28800 005 254 2088985501 11:21:24 a.m. 07-03-2008 00:00:29 2/2 1 EC HS CP31200 006 254 8467366 11:21:24 a.m. 07-03-2008 00:00:22 212 1 EC HS CP28800 007 254 8950390 11:29:24 a.m. 07-03-2008 00:00:43 2/2 1 EC HS CP19200 . il ~. ( ~ ty '4 ~ 9 f , lS{5 ~_! ~ ~ 9 ,) G. ~ ~ ~ aye . ~ i l # p I q ) i M ~ 515; ~ ~, i ~ „ j ~ f { I, ~ ~ 1555 ~ ` I ~ ' . ' ' ~ x (r t i 'ti ~ ~ t I r ' r ~ ~ »» ~ .II I a i ~ ~ i i ~ , i ) ~ I :t d F,{ k' 1 t r~ ~S ~ L ~ l b j F t ~ ~ { ~ -S t e { _ 3 E y 1 ` . i ~: ~ I ~ ~ , ) ' ~~ r ~ u ,~ ~ - i~ ~ ~ ~. ~ ~ 5 4 -.{ ~r a ~ } ! ~ l ~ 1 1 1 } ~ j { f p `` R ~ 4+ i I I_ {~ S , tt Broadcast Report Date/Time 07-03-2008 11:46:24a.m. Transmit Header Text Cltyof Meridian Idaho Local ID 1 2088884218 Local Name 1 L(ne 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 254 208 888 2682 11:21:24 a.m. 07-03-2008 00:00:21 212 1 EC HS CP33600 009 254 8840745 11:21:24 a.m. 07-03-2008 00:00:28 2/2 1 EC HS CP28800 010 254 8885052 11:21:24 a.m. 07-03-2008 00:00:21 212 9 EC HS CP31200 011 254 8881983 11:21:24 a.m.07-03-2008 00:00:22 212 1 EC HS CP26400 012- 254 2083776449 11:21:24 a,m. 07-03-2008 00:00:36 2/2 1 EC HS CP14400 013 254 4679562 11:21:24 a.m. 07-03-2008 00:00:21 2/2 1 EC HS CP28800 014 254 8886700 11:21:24a.m.07-03-2008 OO:Q0:00 012 1 -- HS FA 015 254 8884022 11:21:24 a.m.07-03-2008 00:01:16 2/2 1 EC HS CP14400 016 254 8841159 11:21:24 a.m. 07-03-2008 00:00:21 212 1 EC HS CP28800 017 254 8840744 11:21:24 a.m. 07-03-2008 00:00:25 212 1 EC HS CP28800 Abbreviations: HS: Host send PL: Polled local HR: Host receive PR: Polled remote WS: Waiting send MS: Mailbox save MP: Mailbox print TU: Terminated by user CP: Completed TS: Terminated by system G3: Group3 FA: Fail RP: Report EC: Error Correct t ` ~ i ~ ~ ~. ' ~ d j ~ , 3j ~ ~. ~~ ~ ' , ~ i ' ~` ki ~ g ~ ~ xt S r ~ ~ ~ t ~ ` tt { t 3 ~', ~ ~ ~i I ~ ~ ~ K t ~ ~ ~ t ~ I I ( ~ < , ~ $ ~ ~ ~ ~ II t ~ r E 1 Tf ~ 111 1:' 1 }y~ i ~ I ~. ~ f ~ ~ t i. ~I q ~ ~ ~ ~~ i I ' f i {. ~ ~ ~ ~ ~ t` ~ ~ `. _ ; S Y ~. E a ;~ -F a ~ ~, ( ~ ~ ¢ i .~, ~~ ~ .d. 8 I ~ ~ ~ ~ _ s r ;` ~ r ~~ ~ `Q ~ ~~ s 4` i ~ ~ h ~ ~ Broadcast Report ~ Date/Time 07-03-2008 12:04:52 p.m. Transmit HeaderText Cltyof Merid(an Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below} Document size : 8.5 "x11 " reuse. -~ YU,btt c ~1~ '~~, MayorTammy de weerd Keith Bird E IDIAl~~ `~`°~ Joe Boman o Charles Rourmee David7aremba ivo~nce oa" s~i=clia~ MF_ETiAtt3 MEi~1DiAN CITY cour~ct~ NOTICE 13 HEREBY GfVEN That the City Councii of tl7e City d Meridian wilt hoid a Speaiai Meetir~ !Workshop in the City Council Chambers at Meridrart City Hail, 33 Etlua Idaho Avenue, Meridian, idaho, on Wednesday. Judy 8th, 2008 at 8:Q0 am. The M®rkfien City Courtcif wiii be receiving arxi discxrssing preliminary budgets arul preserdetions from each sptaafic department of the Ctty of Meridian towards approving a tsn~ilve budget. DATED this 3rd day of JtdY, 200$. Merldiaa Cqy Cou~i Spectai AASaling -JU1y &2114$ All meterreta preserteQ et pubtlc rrtesq~s shah t>eaane propsaty orthe C#y of RAerldian. Anyone deskNg aocorrurmdattori tardisatrfNfes rstated ~ dodtmanfs andtur hearings, Wye ottne cay dark's or>ka at e~-4asa ae -~at as hours Pnar~u,e pal,Ae ntaeffi„g. f otal Pages Scanned : 2 Total Paaes Cenflrmpd ~ 3n No. Job Remote Station Start Time Duration Pages Llne Mode Job Type Results 001 257 3810160 11:48:12 a.m. 07-03-2008 00:01:45 2/2 1 EC HS CP9600 002 257 8989551 11:48:12 a.m. 07-03-2008 00:00:28 2/2 1 EC HS CP79200 003 257 2088848723 11:48:12 a.m. 07-03-2008 00:00:22 2/2 1 EC HS CP28800 004 257 8886854 11:48:12 a.m. 07-03-2008 00:00:22 2/2 1 EC HS CP28800 005 257 2088985501 11:48:12 a.m. 07-03-2008 00:00:30 2/2 1 EC HS CP31200 006 257 8467366 11:48:12 a.m. 07-03-2008 00:00:21 2/2 1 EC H5 CP28800 007 257 8950390 11:48:12 a.m. 07-03-2008 00:00:28 212 1 EC HS CP28800 i ~ t ~ ~ ~ i ! .~ I ~,~ i .l ~iF ~~ '~ ,{ 1 ~ ~ ~ .~ ~ ~ Broadcast Report ~ Date/Time 07-03-2008 12:04:59 p.m. Transmit HeaderText Cltyof Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. Job Remote5tation Start Time Duration Pages Line Mode Job Type Results 008 257 2088882682 11:48:12a.m.07-03-2008 00;00:20 2J2 1 EC HS CP33600 009 257 8840745 11:48:12 a.m. 07-03-2008 00:00:32 2J2 1 EC HS CP24000 010 257 8885052 11:48;12 a.m. 07-03-2008 00:00:21 2J2 1 EC HS CP31200 011 257 8881983 11:48:1Za.m.07-03-2008 00:00:28 2J2 1 EC HS CP28800 012 257 2083776449 11:48:12 a.m.07-03-2008 00:00:43 2/2 1 EC HS CP14400 013 257 4679562 11:48:12 a.m. 07-03-2008 00;00:22 212 1 EC HS CP28800 014 257 8886700 11:48:12 a.m. 07-03-2008 00:00:00 O/2 1 -- HS FA 015 257 8841159 11:48:12 a.m. 07-03-2008 00:00:21 212 1 EC HS CP31200 016 257 8840744 11:48:12 a.m. 07-03-2008 00:00:22 2J2 1 EC HS CP28800 Abbreviations: HS: Host send PL: Polled local HR: Host receive PR; Polled remote WS: Waltingsend MS: Mailboxsave f 'i[i I~ ~ ~. I ~ ~ I i f i ~ i ~~ 1 }~ i ~ ~I ~ ~ f j L 1 ' <f ~ f ~ ~ ;~~ ~ ~:; MP: Mailbox print TU; Terminated by user CP: Completed TS: Terminated by system G3: Group3 FA: Fall RP: Report EC: Error Correct : i ~ ~ aE r j 53 } ~ ~ '` t ~ , ' F $ •t ~ i ~`dJ` i ~: ~ I. ]] E1 ]j 1 t ~, ~ ~~ 1 : ~L t~ E' x' ~ Broadcast Report ~ Date/Time 07-10-2008 02:00:47 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Llne 1 Local ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below} Document size : 8.5 "x11 " ~''lQ.plS2 ~'QC+ ~lka'" Yt,~,btx..a~ ~~C.~. ~Z~L~•-Y1.C'•~~ i AAayarTammydeWeerd (iekh Bhd E IDIAl'tiT*~ ~ ~'`~`°M~ Joe 8otton ®~ ~ ® Charles Rountree Oavid 7aremba NClTIGE Oi= SPECIAL MEETING i WORKSHOP MERIDIAN CITY COUNCIL NOTICE fS HEREBY GIVEN that tt'm City Counal of the City of M®ridian will hold a Speaal Meethtg l UVorlcstmp fn the City Coundi Chambers at Meridian City HaN, 33 East Idaho Avenue, Meridian, Idafio, on 1ltonday, July 94th, 2aQ8 at 7:t1(} pm. The Meridian Ctly Counal vain b® discussirsg the foliouving agenda items: Prasentatiana and t?Isgmsions of the Proposed I~terprise Fund Budget (approximate times}: 9:~Opm Introduction/Prefoarartions 7:15 pm EnteJprdse Fund 5.~!? pm Councfl Budget DecisPans The p+.~flC i8 w+sfCOm9 tt? attend. +,'``tP~it11~ ~1~1~~~rry~,,,i `~~` ~ ~ -"S!!a ~ ~ W DATED this t Os' day of July, 2t~8/. ~p ~ r'~-c.v~c.. ~S • _ _ ~EAIi -CIT1~ '° ~'ti~.,~lR~fi'Y ~....~`~~~ Medcden Cttyt Count 8p~iet WiYfiahop l MeetlnB -~~Y i4, 2~8 al mafadala presented atpvblk meemngs a1~1 bewma p~ropeRy ordre City of MarMf~ ~Y~ dntd arodaRaa to dtaebill~s related to d andtor headnga, pidse contadfhe•Cii~C{~artlflbsa at ~g-A433 e! toast 48 ha~re piwto the publk meetlng. ~otal Pages Scanned : 2 Total Paoas [enflrmarl • 'in No. 001 lob 295 Remote Station 3810160 Start Time 01:42:36 p.m.07-10-2008 Duration 00:01:39 Pages 2!2 Line 1 Mode EC Job Type HS Results CP9600 002 295 8989551 01:42:36 p.m.07-10-2008 00:00:24 2!2 1 EC HS CP21600 003 295 2088848723 01:42:36 p.m.07-10-ZOOS OO:OD:20 212 1 EC HS CP28800 004 295 8886854 01:42:36 p.m.07-10-2008 00:00:20 212 1 EC HS CP31200 005 295 2088985501 01:42:36 p.m.07-10-2008 00:00:29 2/2 1 EC HS CP28800 706 295 8467366 01:42:36 p.m.07-10-2008 00:00:20 2/2 1 EC HS CP28800 ]07 295 8950390 01:42:36 p.m.07-10-2008 00:00:20 2/2 1 EC HS CP28800 C t {' ~ ~ r f; 6 2 g 6 Y g i ~ ~ ~ . ' ~I ~ broadcast Report '~ Date/Time 07-10-2008 02:00:54 p.m. Transmit HeaderText City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station Start Tlme Duration Pages Line Mode Job Type Results 008 295 208 888 2682 01:42:36 p.m.07-10-2008 00:00:21 212 1 EC HS CP31200 009 295 8840745 01:42:36 p.m.07-10-2008 00:00:21 2/2 1 EC HS CP28800 010 295 8885052 01:42:36 p.m.07-10-2008 00:00:20 2/2 1 EC HS CP31200 011 295 8881983 01:42:36 p.m.07-10-2008 00:00:31 2f2 1 EC HS CP28800 012 295 2083776449 01:42:36 p.m.07-10-2008 00:09:24 2/2 1 EC HS CP14400 013 295 4679562 01:42:36 p.m.07-10-2008 00:00:20 2/2 1 EC HS CP28800 074 295 8886700 01:42:36 p.m.07-10-2008 00:00:00 O/Z 1 -- HS FA 015 295 8841159 01:42:36 p.m.07-10-2008 00:00:21 212 1 EC HS CP28800 016 295 8840744 . 01:42:36 p.m.07-10-2008 00:00:21 2/2 1 EC HS CP28800 Abbreviations: HS: Host send PL: Polled local HR: Host receive PR: Polled remote WS: Waiting send MS: Mailbox save MP: Mailbox print TU: Terminated by user CP: Completed TS: Terminated by system G3: Group 3 FA: Fail RP: Report EC: Error Correll • July 3, 2008 MERIDIAN CITY COUNCIL MEETING July 8, 2008 APPLICANT ITEM NO. S-A REQUEST Master Agreement for Professional Services with MWH 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. r t 3 ~ ' ~ ~ ~~ { E ~ ~ ' > { i ,~, 3 ~ ~I~ ~.. ~ ~! F r ! ~ ' ~ ~ ~ F f [r , tt .~:. ~ , , ~ ~ ~ ,_ j ~ ~ i ~ ~` ~ y, I' I ` ~ , ! ~ t ~ ~ } 4 ~ y il } a ~ 1 ~ ~ s F ~ ' i ~ I ~ i~ ^ l ~. 'i ~(} ~ 4 ~ ~ ~ = r i to Y I j ~ y ; ~ ~ F_ ~ ~F L iI i~ 4 r ~ ~ ~ 3 Y t I t ~ ~ t ~ i ~ ~ l q ~ S { .~ ~ ~ 4 z I I ~~ ~FF t.-,. i ~ ~~ r . ~ ~ t o tt ~; r ~ ~ I ~~ 1 F . ~ X61 ~ f3 i F ~ i p- ~~ ~ ~ y St ~ ., '~~ } 1 ~, f } ~ l !! I i I- , ~ } , S ' ~ ' :i' ~ ~ ~ 5 ! r ~ .. i . ~ ~ ~I .t 3~Y f i ;~ ® • ItAAASTER AGREE~fIEN'T FOR PROFESSIONAL SERVICES THIS AGREEiI~ENT FOR PROFESSIONAL SERMCES is made this 2nd day of .lone 2008, and entered Into by and i~iw®en the Ctty of M®ridian, a municipal corporation organized under tha laws of the State of Idaho. hereinafter referrer to as °Cti'Y°, 33 East Idaho Avenue, Meridian, Idaho 83642, and MWH Americas, inc., hereinafter referred to as "EN©INEER°, whose business address is 671 E. Rhrerpark Lane, Suite 200, Boise, Idaho 83706. INTRODUCTION Whereas, the CiTY has a need for en~neering cervices to be defined by individual Task Orders which will set forth Sp~ific Services. Time of Pertormance and Payment; and WHEREAS, the ENGINEER is specially trained, experienc~i and competent to pertorm and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, cov®nanth, terms and oonditlons hereinafter contained, the parties agr~ as follows: TERMS AND COIVOITiOMS '! . Scope of Sewloee: 1.9 ENGINEER shaA perform and famish to the CITY upon execu~on of this Agreement an associated Task Order and nareipt of the CITY's written no8ce to pr~eed, as services, and comply in ail respects, as specified in the corresponding Task Order and incx~rpon~ted herein by this referenc~+, together with any amendments that may be agreed th in writing by the parties. 9.2 AU documents or materials acquired or pnxlucs3d by the ENGINEER in contunc~ion with the protect other than instruments of service of ENGINEER which were developed separate from this Agreement shalt became the properly of, and be delivered to. the CiIY without any resotc#ons or ymitadons with respect to their further use thereof. All documents or materials prepared for the CITY shall not b® distributed by the ENGINEER, sub-engineers, their agents. representatives or employees to any third party without the express wrilten consent of the CITY. Use of these document by the CiTY on any offer protect, without written verification or adaptation by the ENGINEER for the speclnc MASTER AGREEAAENT FOR ENGINEERING SERVICES - page 1 Of 8 ~ ~ ~ ~~ ~ ~~ ~ i #' r.; i ~ ~ ~' ~ ~ e i ~ i ; ~ i;~ ~ E ~~ ~ ~ s ~ ~' { ~ fix ~ ir, ~~, ~ ~ ~, ~ ~ ~ ~I 4 ~ ' t~ ~ I3j_ ~ 4 i~ t 7 1 ~ t ~ ' ~ ~ ~3 ! I 1 f~ ~ . ' t ~ 7 ~ t a+ )IiI ~ ~ { ~ 5 ~ ~~1 ~} ~ ~ F 1~, - i E ~ ~." Y 1 ~ 7 t i ~ i g ~ ~~ - ~ 1 1 1 ~ i II ~ ~ ~ S ! ~ ! ~ ~ Y ~ { :~ , ~ a i • purpose int®nded, wili be at the CiT11f's sol® risk and shall b®a~out liability or legal exposure to the ENGINEER. The CITY shall indemnif~+ and hold harmless the ENGINEER from all claims, damages, Imes and expenses including attorney's fees adsirtg out of or resulting from the use of such documents. Any verlflc~tion or adaptation will entitie the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER. 1.3 The ENGINEER shall provide services and work under this Agr®ement consist®nt wrrith the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER repres~rr~ and warna~ that it will pertorm fYs work in aaordance with generally accepted Industry standards and practices for the profession or professions that are used in pertomnance of this Agreement and that are in effete at the time of pertormance of this Agreemenrt: Except for that represen~tion and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or Issued as part of the work pertormed by the ENGINEER under this Agreement, ENGINEER makes no other warrantles, either express or implied, as part of this Agreement. 1.4 Services and work provided by the ENGINEER at the CITY's request under this Agreement w~l be pertormed in a timely manner in at~ordaptre with a Schedule of Work, which the parties hereto shaA agree to. The Schedule of 1Nork may ~ revised from time to time upon mutual written consent of the parties. 2. Conslder~lon 2.1 The ENGINEER shall ~ trompensated as defined by corresponding Task Orders per the attach~i °Rate ScheduleA identified as Exhibit A to this Agreement. 2.2 The ENGINEER shall provide the CITY with a monthly statement, as servltres warrant, of fees earned and costs Incurred for services provided during the billing period, which the CITY will pay within 30 days of receipt of a correct invoice and approval by the CITY. The CITY wUl not wfthhold any F~ieral or State income taxes or Social SecurRy Tax from any payment made by CITY to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and ocher assessments on such sums is the sole responstbtlity of ENGINEER. 2,3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not ~ entitied to receive from the CITY any additional consideration, compensation, salary, wages, or other type of remuneration for s~enrrcres rendered under this Agreement, including, but not limited to, meals, lodging, tn~nsportation, drawings, renderings or MASTER AGREEMENT FOR ENGINEERING SERVICES - page 2 Of 8 ~,, . ~~~~ t: ~; {~ f • mockups. Speciticxitly, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of ov®rtlme, heaaithh Insurance benefits, n~tirement benefits, paid holidays or other paid leaves of absence of any type or Idnd whatsoever. 3. Time of P®rfonnanr.~: Thts Agreement shall become effective upon ex~ution by both panes, and shag continue until terminated by either party In writing. This Agreement shall terminate au~matically on the ocxurrence of (a) bankrupts or Insolvency of either party, or (b) sale of ENGINEER's business. 4. Independent Contactor: 4.1 In all matters pertaining to this Agreement, ENGINEER shall be acting as an independent contractor, and neRher ENGINEER nor arty officer, employee or agent of ENGINEER wiq be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exen;lse any rights or power vested in the CITY. The selection and designation of the personnel of the CITY in the performance of this Agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall ~ responsible to CITY only for the requirements and results specified In this Agreement and, except as expressly provided in this Agreement, shall not be subJect~ad th CITY's crontrol with respect to the physlcxil action or activities of ENGINEER In fulfillment of this Agreement. 5. Ind®mnlflcstlon and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, Judgments for damages, or injury to perms or pro~rly and tosses and expenses and other costs including litigation oasts and attorney's fees, to the extent aNsing out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, Its servants, agents, offers, employees, guests, and business Invitees,. ENGINEER shall maintain, and speclfic~liy agrees that tt will maintain, throughout the term of this Agreement, liability insun3nce in the minimum amounts as follow: General Liability One Million Dollars ($y ,000,000) per incident or ocxurrenc~, Professional Uabllity / Professional Errors and Omissions One MlAlon Dollars ($1,000,0 aggregate, Automoblte Liability Insurance One Million Dollars ($1,000,00 per Incident or occurrence and 1Morkers' Compensation Insun~nce, in the statutory limits as n~quired by Isar. The CITY shall be MASTER AGREEMENT FOR ENGINEERING SERVICES - page 3 of 8 1 ~ '~ ; f ~ ~ t~s j` ~ ; v ' { ~ 1 ~ ~ q d 1 { 3k { { ~ ~ 4 1 ~ ~.1 4 j. 3 1 t 1, ~.. -i ~ x ~ p { 1~ ~_ ~ ~ ~ ~ ~b a ~ ] ] ~ R~ ~ ~ - 1 i~, f 1~ 1~ ¢ S ,. 5 j -~ ~ i {{ ~ t i f I FFf a.. 3 ~ t [[ i. ~_ ~ `~ ~ ~ i 1~_ d 1 ~~ 1., ~ P. ~+ ~ ~ } ~ ~ ~ ~ FF t i . i ~If{ ; 4 ~ ~ ~ ~ 3 ,~ ~, j 1 i~~ ¢ ~ i ,~ ~ EEE $l~ z~ j r i ~ ' ~? t & ~ ~ 's . i ~ ; ,~ ,; 4 4 ~:: r i, ~; t S ~ I i ~ . ~ ~ named an addiflonal insured on both General Liability and Automotive policies. The IImRs of insurance shall no# be deemed a limitation of the covenants to indemn~jr and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER t~venants and agrees to Indemnify and save and hold harmless CITY from and for all such losses, claims, acflons, or judgments for damages or injury to persons or properly and other cam, including litigation costs and attom®ys' fees, arising out of, n~suiflng from, or in connecflon with the negltgeM performance of this Agreement by the ENGINEER or ENGINEER'S of~crers, employs, agerrts, representathres or subcontractors and resulting in or attributable to personal injury, death, or damage or destruc#on to t~artglble or intangible property, including use of. ENGINEER shad provide CITY with a Cerdflcate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this pan~graph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins ~rtormance of ti's obligaflons under this Agreement In the event the insurance minimums are changed, ENGINEER shall immedlatehy submit proof of oomp~ance with the changed limits. Evidencre of ail insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83542. 6. Notices: Arty and all notices required to be given by either of the parties hereto, unless otherw~ stated in this Agreement, shall be in writing and be deemed communlc~ted when mailed in the United States mail, certlfled, return receipt requested, addressed as follows: CRy of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 8:1642 Either party may change their address for the purpose of thts paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorn®y Few: Should any llflgation be commenced between the parties h®reto concerning this Agneement, the prevailing party shall be ®rltitl~ol, In addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurtsdicflon. This provision shall be deemed to be a ~parate contract MASTER AGREEMENT FOR ENGINEERING SER1/ICES - page 4 of 8 ~ ~ ~ ~ i t I E! - ~ g ~i ~ ~, I ~ f ' f~ ~ i~ F ~ t f t~ F ~ ', , ~ ~ t ~ ~ i ~ ~ a r ~ ~ a Yi ~ ' P ' ~ ~, . t ~, ~ ~ ~ ~ ~ . ~ ~p j~; ~ 7 P„ ~ ~ t~ ~ I ~ i i y ~~ ~ ^ 4 ay ~.._ r ~ ~' ~ i . ii t r .. 4 ~i € ~ ~ ~ ~ ~ fr ,~;. ~ i r,. ~ , ~ ~ ~ ~ S ~~ ~ ; r ~ ~ i ~ ~ 3 ~~ , ~ d ~ ~ 7 { I ~ ~ ~a : ~ ~ f . ~' e ~ ! ; a ¢j !( ~ S4 _- ~ ~ ~r : 7~- i~~ #tt ~ 1 t 9 ~ f' }. ~ ~~ '~ ~ ~~ 1 ~~ ~d ~ z I c , ! t 3 a ,: ~. ' " S ir. SSS ~ i i ~ I F 3' S i~, f r I ~ .~ ~ i ? _. '.I '~ ~ 111 ~ { : : tk I ~'~ ~~ cis 'i ~ I ~ ~ ~ ( h ';i' ~ . ~ ~; ~; ~ ., I t ~~ V f l ~-~ a~. {'. - ~~ _ . f. a ,. €' _ z ~. ~ '~' ~.#~ ~~ ~ ~. ,~. • between the parties and shall sunrltire any defauh, termination or fort®iture of this Agreement, 8. A~ignmerth his expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 9. Disorimination Prohibitml: In performing the Senrlces required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, sthte or local law, rule or regulation against any ~r~n on the basis of race, color, religion, sex, national origin or ancestry, age or disabitityy. 10. Report® ®nd Information: 10.1 At such rimes and M such forms as the CITY may require, there shall be furnished to the CITY such statements, reoords, reports, data and information as the CITY may request ~rtaining to matters covered by this Agreement. 10.2 ENGINEER shag maintain all writings, documents and records prepared or cmmplled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photostatic, photographic and every other means of r~ording upon any tangible thing, any form of c~mmumcation or representation including I®tt®rs, words, pYctures, sounds or sym~ls or any combination ther~f. 11. Audits and Irtions: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination a[I of ENGINEER's records with respect to all matt®rs cmvered by this Agreement. ENGINEER shah permft the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of a8 crontracts, invoices, materials, payrolls, records of ~rsonnel, conditions of employment and other data relating to all matters covered by this Agreement. 12. Publication, R®productlon and U~ of ll~a~rial: No material producx~d in whole or in part under this Agreement shall be subject to copyright in the Unltetl States or in arty other cx~untry. The CITY shall have unrestricted authority to publish, disclose and otherwl~ use, in whole or in part, any reports, data or other materials prepared under this Agn3em®rrt. CITY shall furnish to ENGINEER the applicable information and technlc~l data In CITY's possession or control reasonably required for the proper performarttx~ of the Servk~s. ENGINEER shall be entitied to reasonably MASTER AGREEMENT FOR ENGINEERING SERVICES - page 5 of S 1 ii: , t ~ ~; ~ . Y~, i y I ~di ~ ~, k ~~ "~ ~ i ~ F t ~ ~ t I . - ; 1F s ~k{ ~f .. . ~ ~ F•. ~ Y f { (e r ~ ~ r I` ~ ~S `~ r s ~ ~, ~ f ; ~' ~ i t ~ fitt ., t? fc' F8Ed1 41,: I ` 3T '[ :3. ~ ~ I ~?~ ~ i it i" J ~ ' ~: 4 f + a 1 ~': ~_ p ~ t ~ j ~ ~, ~~ i ~ ° ~ I ~ t '~ ~ ` 3' ~ ~ 1a ~ r ~ ' : ~ ~ ~ ? ~ . ~ ~; ~ i ! I : ~ 1 3 ~ ~ ~ i S~ ~~ ~ ~ ~V t x t ;~ ~ ~ ~ ~ ~ ! ~ ~ {~ ~ ~~ :~ I i .. i6 j e {{{ .G ~ ~ ~ ~ y~: M...~ i ~~ 1; : ~ 666 ~ ~ i rely ypon the Information and data provided by CITY or obtained from generally accepted sourcros (with CITY approvaq within the industry without independent veriflca~lon except and to the extent ENGINEER knows or in the ex®rctse of r®a~nable care should know the document or information is ina~urate or incomplete. 13. Compliance with Laver®; In performing the scope of senrlcres required hereunder, ENGINEER shall cromply with all applicable laws, ordinances, and c~les of federal, state, and local governments. 14. Changes; The CITY may, from time to dme, request Chang®s in th® Strops of Services to be performed #~er®under. Such changes, including any Increase or decrease In the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall ~ incorporated in written amendments to this Agreement 15. T®rmineffon: If, thnwgh any c~wse, ENGINEER, i~ officers, employees, or agents fail to fulfill in a ~mely and pn~r manner its obligations under this Agreement, violates any of the covenants, agreemerrts, or stipulations of this Agreement, falsifies any record or document required ~ be prepared under this Agreement, engages in fraud, dishonesty, or arty other act of misconduc~ Iri the performance of this contract, or If the City Council determb~es that termina~on of this Agreement Is in the best Interest of CITY, the CITY shall thereupon have the right to terminate this Agr~ment by gluing written not;c:e to ENGINEER of such termination and specifying the effective date thereof at least fifteen (1b) days before the effecdve date of such termination. ENGINEER may terminate this agreement at any tlme by giving at least stxly (60) days nottc:e th CITY. In the event of any temttnatlon of this Agreement, all finished or ur~Inished docmmerrts, data, and reports prepared by ENGINEER under this Agreement shall, at the op~on of the CITY, become its property, and ENGINEER shall be endued to receive just and equitable compensatlon for any work properly performed hereunder. Notwithstanding the above, ENGINEER shall not be relieved of ilabgity th the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER In an amount reasonable far the purses of set-off undl such time as tl~e exams amount of damages due the CITY from ENGINEER Is determined. T'hls provision shall survive the termination of this Agreement and shah not reeve ENGINEER of Its liablliiy to the CITY for damages. MASTER AGREEMENT FQR ENGINEERING SERVICES - page 6 of 8 '~ ~ ~ , ~ ~; ~l ' ~ ~r~ ~ ,~. f ~ ~ ~ , ~ ~ x x ~ '~ ~ `~ ~ ~ ~ ~, i ~ i~ ~~ I 51~ a ''• ~ t ` i d, ~ ~ ~d~ i E i, ~ { ~r $ } ~ i ~ ` ~ I ~ ~~ ~, g ~ a ~ ~~ ~ ~ ~ ~ ~ t, iE i ~, ~~ 3i ~5 I k` •~ 1 ~ E t ~ ~ ~ ~ f 2 1` ~i } t 4i i k.. I e { ~, ~ ~ t~ ~ ~ f1 ~ e i r ~i # i t ~ ~i :! , '~ ~ !, ~F ~~' ! ~ ~ ~. ~ '° F ?f ~ ~;?.'.i x Y 16. Construction and Severabiti~l: If any part of this Agreement is held to be invalid or unerdorceable, such holding will not affect the validity or enforceability of any other part of this Agreement ~ long as the remainder of the Agreement is reasonably capable of comp)etion. 17. Advice of Attorney: Each party warrants and represertits that in executing this Agreement, h has rec~v®d independent Legal advice from iY's attorneys or the opportunity to seek such advice. 16. Entire Agr~me~ This Agreement onntains the entire afire®ment of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous th the execu~on hereof or contemporaneous herewith. 19. Applicable Lew: This Agreement shall be governed by and construed and enfor~cl in acx~rdance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 20. Approval R®qulred: This Agreement shall not becrome effective or binding untq approved by the City of Meridian. CITY OF ME BY: TAMMY de RD, MAYOR Dated: ~ -a5 • d~ _.....,,,, Attest JA a'`j.~ L. HOLMAN, CITY CI~R y %,~ tat '~. ApproV~1 aS t0 Content ',~~i~~~i~--- BY: KEIT TTS, PU SING AGENT Dated: ~' ` Approved as to Form CITY ATTORNEY ENGINEER BY: BRIAN D. LJMlNG, VICE P `IDENT pates: Co~S~o ~ ... ~ 1Q .~ ~P~~`~~~ ,'R~13e~errt ApprOVal BY: NAME: uA'~' DoIS TITLE: A+ ~.-!"4 EAa.,~i Dated: ~1z~/a~ MASTER AGREEMENT FOR ENGINEERING SERVICES - page 7 of 8 EXHIBIT A RATE SCHEDULE 1. The rates provided below shall be in ®ff®ct from Jun® 2, 2008 and r~ntlnuing ur~i maiif&:ation by Change Order. 2. Seniices provid®d by CONSULTANT personnel in various~labor cxtegorfes wip be bNled at the following negotiated hourly rates (inclusive of salary, overhead, and fee): Pen~nnel Nam® Hourly Rate Phil Johnson $140 Dilip Gargeya $gp IVlariko Lust $81 Eric Zimmerman $86 Kral Crack $112 Shannon Cornvay $132 Mike Dupont $120 Diana Bames $80 Kalb Littlefield $48 Nancy Cham~rs $104 Greg Dye $166 Gail Owens $80 Deanna Duran $76 Marcie Hunt $90 T®res~ Leffler $~ Rose Candelario $108 All others 3. Materials wIH be bNled at cost plus 10%. 3.1 ttmes raw 4. MNeage will be billed at a ram of x.55 per mNe. 6. An associated proj~ cost rate ("APC'~ for telecommunications, postag®, ~mputers, word pr~essors, incidental photocopying. and rela#~1 equipment in the amount of $9.35 ~r hour. 6. A computer aided design (°CAD~} rate In the amount of $18.43 per computer aided destgNdrafting hour to cover the hardware, software, and related expenses of CAD. 7. A geographic informa~on systems (aGIS'~ rate in the amount of $18.43 per computer aided GlSlmodeling hour to cover the hardware, software, and related expenses of GIS modeling and hydraulic modeNng. MASTER AGREEMENT FOR ENtiINEERINO SERVICES - page 8 of 8 RECEdV~ JUN ~ ~ ~~~~ City rJf lY1er~dian City CIePk ~~Ce • Ta: Jaycee Holman; Tara Green From: Roxanne Holland, Staff Engineer hollandr@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: $98-5500 Fax: 898-9551 CC: Clint Dolsby, P.E., Interim City Engineer Date: 6126/08 Re: Proposed Agenda Item for July 1, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 1, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Master Agreement for Professional Services with MWH Attached is a Master Agreement. for Professional Service with MWH. The agreement is for professional engineering consulting services and includes a rate sheet. Recommended Council Action: The Public Works Department recommends that City Council approves and signs the Master Agreement for Professional Services with MWH. Thank you for your consideration. Please contact me if you have any questions. • Page 1 • MASTER AGREEMENT , FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 2nd day of June 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and MWH Americas, Inc., hereinafter referred to as "ENGINEER", whose business address is 671 E. Riverpark Lane, Suite 200, Boise, Idaho 83706. INTRODUCTION Whereas, the CITY has a need for engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 ENGINEER shall perform and furnish to the CITY upon execution of this Agreement an associated Task Order and receipt of the CITY's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project other than instruments of service of ENGINEER which were developed separate from this Agreement, shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub-engineers, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the ENGINEER for the specific MASTER AGREEMENT FOR ENGINEERING SERVICES - page 1 of 8 ~ ~~ t ~< <~- ti ._ ~ ~ ~ ~ ~ ` ~ f i i~ ~~ - ~ ~ ~ ~ . ~! ~ I A I. t : f ~ ~ f ~~~ ~: ~ j y~~' ~l ~ i~ ~ I S : f .~ SSS ~ ~ ~ + , I ~ ! t 7 ~~ + ~ ~~~ ~ ! ~ r k .€ k _ j k A f ~ t r ~ [ ~ 5 ~. ; . ~ ..~ _ _ F ~ ~~ ~ I I 5~ ~ ~ ~fi ~' Ir, ~ ~ ~ . ~ ~_' - a ~ ~i is. ~~ C Y tg f~ '~ ~ t ~~~ S; ~ '1 [ ~ ~ ~ 1 y f~' ~~ , ' ' ~ ' 'f ~ 1 t ~ I ~ ( .. ~ 1 . ~ E I. L , ~ ~ 1, t ~ ~~ ~. r` ~ ~~ ;F 4 N , i r ~, i. f + . „~: i .. 1 ~ ~ ~~ ~ 1 ~ :~ ~ a ~ ( f • purpose intended, will be at the CITY's sole risk and shall be without liability or legal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER. 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform iYs work in accordance with generally accepted industry standards and practices for the profession or professions that are used in .performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the ENGINEER at the CITY's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders per the attached "Rate Schedule" identified as Exhibit A to this Agreement. 2.2 The ENGINEER shall provide the CITY with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the CITY will pay within 30 days of receipt of a correct invoice and approval by the CITY. The CITY will not withhold any Federal or State income taxes or Social Security Tax from any payment made by CITY to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to receive from the CITY any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement, including, but not limited to, meals, lodging, transportation, drawings, renderings or MASTER AGREEMENT FOR ENGINEERING SERVICES - page 2 of 8 • mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This Agreement shall become effective upon execution by both parties, and shall continue until terminated by either party in writing. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of ENGINEER's business. 4. Independent Contractor: 4.1 In all matters pertaining to this Agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the CITY. The selection and designation of the personnel of the CITY in the performance of this Agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, to the extent arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees,. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional Errors and Omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The CITY shall be MASTER AGREEMENT FOR ENGINEERING SERVICES - page 3 of 8 j, ~ ;h ~ n ~ ~ ~ , ~, yyy L ~ 1~ ' t ~ 3 ~ ? i ~ ` 4- r ,. i } , ~ + I ~; -, ~ r ~ ~ t y I I , , s ,t r t ~ II" ~ .q ~ ~ i, ~ .t `~.: ~ :t ~ #E ~ .i ! ( r i ~' ; ~: ~ ~ ~~ ~~ s_, {k[ tqq~ i ~~~ ~ i r t 3 ~ ~r ! x ,. }. 1 3 t 1 ~~ t ~ i-~ ff ~, 1 k) - ~ f a i . 3 w ~ ~~ 1 r ~ 1 r }~~ ( ' ~ ~ ~~ ~ . '~ ' . r ! t i I~ ~ ~~ ~ E i ~ ~ t ~ ~ ~ ~ ~ ~ + i 4 ~ ~, ,GC ~. ^ ~F i _. j ~ - t • named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the negligent pertormance of this Agreement by the ENGINEER or ENGINEER's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER's compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Attn: Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Shauld any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract MASTER AGREEMENT FOR ENGINEERING SERVICES - page 4 of 8 q t ~ 41 ~i ~ ~~ ~ ~'~ ~ ~~Y ~- ~ ~ t ~ S # ~ ~ i i {~~ ~; ~ ~ S ~~ ~ {~ ~ 1 ]~~ f ' 5 i~l ~~ ~ ~ ~ ~€ C. ~ ! i ~ , rjF, ; ! < i f 11 E '}' ~ !3k ~ ~ ~ i f { r '. ~ ?~~ ~' I r' ~ ~ ~( 4 '~ r ~~4 aj ~ l ~ ~ i i . ' ~~~ ` ~ ~ ~ ~~ ~~ ~ ~ I i ~ ~ ` r b I :~ S I; ~ ~ ~ }} i. ~ !, ~ ~ ~ ~ ,t }3; ~ AY ~. i t a, •l` L a S + ,~ ~'`` I • • between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 9. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 10. Reports and Information: 10.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 10.2 ENGINEER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 11. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER's records with respect to all matters covered by this Agreement. ENGINEER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 12. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. CITY shall furnish to ENGINEER the applicable information and technical data in CITY's possession or control reasonably required for the proper performance of the Services. ENGINEER shall be entitled to reasonably MASTER AGREEMENT FOR ENGINEERING SERVICES - page 5 of 8 ~; ~ ~ ~ .,. ~ ! t ti ~ . ; ~ ~ f ,. ~ ' ; ~ ~ , ~ ~ ~' ~ :~ ~ t ~~ . - ~ l ~ •~: x I ~. t ~ ~ } ~ ;~ '~ , :~ ~ y , ~ ~, .>; ~ ~ ~~ z .~ ~ ; ~ ~ ! ' , ~, ~ 1 ~ d . ~ ~ e ~ ~ I t rely upon the information and data provided by CITY or obtained from generally accepted sources (with CITY approval) within the industry without independent verification except and to the extent ENGINEER knows or in the exercise of reasonable care should know the document or information is inaccurate or incomplete. 13. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. 14. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER's compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 15. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fail to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this Agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work properly performed hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER in an amount reasonable for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this Agreement and shall not relieve ENGINEER of its liability to the CITY for damages. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 6 of 8 ~ # f ~ S i ~~ *~ ' E ~; .> ~ ~ i } ~ ~- j. , q ~ ~ ~ } li ~ ~ ~ ~~ ~ ~ dV ~k ` r ~ I :I~ ~ ~~; i 7 ~~ ~ ~ ~ ~ i ~ x i ~ ~~' k - ) ~ ~ 4 1 i ~ " 4 i ~, ., ti ~ ~ I 1 1~ ~ ~' '. ~ ~ ,l. r.: § g~ I i' ' n .~ 1 ~ ~ ~ I ! i i I "~ ~ MSC ~ f~ ~ e' {' ~` ~ g`= ~l 1 i r 'I!' f .~ ~ ; . j' [ ~ !~t i , j5: ~ ~~ 3 l ' ' ~; , I~ ! 3+~ ~ r ~ ~ ~ ~ ~. } f i~ ~ r ~ is ~e J ~ ~ `~i :, ~~ .,, €~' ~ ~ ~ ~ ~ i ~ , is v f E'' ~ !i • 16. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 17. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from it's attorneys or the opportunity to seek such advice. 18. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 19. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 20. Approval Required: This Agreemen# shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR ENGINEER BY: ~~ .- BRIAN D. LIMING, VICE P SIDENT Dated: ~O/rj/O g -~ Dated: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY Department Approval BY: 0. owl NAME: ~kr}NN~ TITLE: StA~F ~,trs~ Dated: ~~0~ ~~~ MASTER AGREEMENT FOR ENGINEERING SERVICES - I ` I ~! ~~ I , ? ~ j ~ f '. ~ ~I'~III~~! III 1I 6~r~III i'!, page 7 of 8 6 1 t (. 1 i I i j 5 i F Y tl, f EXHIBIT A RATE SCHEDULE 1. The rates provided below shall be in effect #rom June 2, 2008 and continuing until modification by Change Order. 2. Services provided by CONSULTANT personnel in various labor categories will be billed at the following negotiated hourly rates (inclusive of salary, overhead, and fee): Personnel Name Hourlv Rate Phil Johnson $140 Dilip Gargeya $g0 Mariko Lust $81 Eric Zimmerman $85 Kai Crick $112 Shannon Conway $132 Mike Dupont $120 Diana Barnes $80 Kalli Littlefield $48 Nancy Chambers $104 Greg Dye $165 Gail Owens $80 Deanna Duran $76 Marcie Hunt $90 Teresa Leffler $90 Rose Candelario $108 All others 3.1 times raw salary 3. Materials will be billed at cost plus 10%. 4. Mileage will be billed at a rate of $0.55 per mile. 5. An associated project cost rate ("APC") for telecommunications, postage, computers, word processors, incidental photocopying, and related equipment in the amount of $9.35 per hour. 6. A computer aided design ("CAD") rate in the amount of $18.43 per computer aided design/drafting hour to cover the hardware, software, and related expenses of CAD. 7. A geographic information systems ("GIS") rate in the amount of $18.43 per computer aided GlSlmodeling hour to cover the hardware, software, and related expenses of GIS modeling and hydraulic modeling. MASTER AGREEMENT FOR ENGINEERING SERVICES - page 8 of 8 ~ ~ is~ ~i ~ ~ ~ ' iu ~ii~i ~ ~ ~- - r ,. ~~ ~ { ~ ~~ ~ ; 4 r I~ ' q ~ j r_ s ~ ~ ; ' l ~ July 3, 2008 M 107-008 MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT Landmark Development Group ITEM NO. 5-B REQUEST Addendum to Development Agreement -Request for a Miscellaneous application to modify the recorded DA to remove the requirement for all future uses to obtain a CUP approval for Gateway Marketplace -- 3205 E. Ustick AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Development Agreement CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~l~J 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 CNy of Meridian. ' ADA COUNTY RECORDER J. DAVID NAVARRO i AMOUNT .OO ~' 65 80ISE IDAHO 07115/08 04: RECORDED-REQUEST OF °E~`~ ~~ Eby III IIIIIIIINIIIIiIIIIIIIIIIIB III III ' Meildian Ciy 1080S09S i AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (this "Amendment") is made and entered~nto this ~'~ day of ~J U~.. 2008, by and between CITY OF MERIDIAN, a municipal corporation of the State of daho, hereafter called "CITE'", James A. Kissler LLC ("Kissler") and Prime A Investments, L.L.C. ("Prime A"). Kissler and Prime A aze hereinafter referred to as "OWNERS." RECITALS A. CITY, Kissler and other third parties entered into that certain Development Agreement recorded on August 20, 2004 as Instrument # 104107406 (the "Development Agreement") on the land described in Exhibit A thereof designated as the "Kissler Property" (the "Property"). Kissler and the CITY also entered into that certain Development Agreement recorded on July 23, 2004 as Instrument #104093292 (the "Second Development Agreement") on the 5 +/- acre parcel to the east of the Property described in Eachibit A attached hereto (the "Additional Property"). B. Prime A purchased that portion of the Property described in Exhibit B attached hereto (the "Prime A Pazcel"). C. Kissler remains the owner of all portions of the Properly and the Additional Property it previously owned other than the Prime A Pazcel (collectively, the "Kissler Parcel"). D. CITY and OWNERS now desire to amend the Development Agreement as it pertains to the Prime A Pazcel and the Kissler Parcel in accordance with the terms of this Amendment, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, in consideration of the covenants and conditions set forth• herein, the parties agree as follows: 1. Except as otherwise provided in this Amendment, Kissler shall be bound by the terms of the Development Agreement as it pertains to the Kissler Pazcel and Prune A shall be bound by the terms of the Development Agreement as it pertains to the Prime A Parcel, with the Additional Property hereby being subjected to and encumbered by the terms of the Development Agreement, as hereby amended. 2. The Second Development Agreement is hereby mutually terminated by Kissler and the CITY. AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE) PAGE I OF 7 ,: tax k~' ~;,~~s•} ~ • ~ i ~'f~ ~t.,. ' •~ ~ ' s . &~ i .~.h~ •~ mq'~` ~ ltT. .~~~... ~' .,~~~ d , ~. 2~ie 3~. _ fi~ 1~' i. ~s. :. ~'.' ~ ii .;.... jj ~ ' 2 . .:'1j)j) i'~x F q ..~ ~ t ~ ° S f~ .~ ':({' a.~ f y 't~ d n:' i' . a t, et £ ~1F .~, ~~ ~ e f ~ S fg yy ~' ' i r s} q_ffee ff' ~ ~f` k S k~' ~ 4~.~ ~ 3 ;~,. 'y ~ i.^ i''v F i ,. ~~a ( ~ s• f• a ~i a"~~,~ ~ ~ ` } j as 4' g's €&t~ ~ ~ 5 .~ # y l• 1 3 I 1 j g~ 1 3. The Development Agreement as it pertains to the Kissler Parcel and the Prime A Pazcel is hereby amended as follows: (a) Section 4.1 (page 4) is amended to the limited extent reflected below: Annexation and Zoning of 36.33 acres to C-G, with the Concept Plan dated December 22, 2003 showing Commercial uses, CommerciaUOffice uses, High Density Commercial uses, Multi-family residential uses, Residential uses, and Transitional Uses, and all uses shall be required to go through the Conditional Use Permit process for approval except for the Kissler Pazcel and the Prune A Parcel, with the buildings of said pazcels subject to design review approval at stafflevel prior to or concurrent with the applicable Certificate of Zoning Compliance application(s), prior to submitting for building permits for each building proposed on these pazcels. (b) Section 5 (page 4) is amended to the limited extent reflected below: OW1oTERS have submitted to CITY an application for conditional use permit, and shall be required to obtain the CITY's approval thereof, in accordance with the CITY's Zoning & Development Ordinance criteria, therein provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Kissler Parcel and the Prime A Parcel that require a conditional use permit. It shall be required that all future uses within the boundaries of the Prime A Pazcel comply with the Findings of Fact, Conclusions of Law and Decision & Order for PP- 06-002, VAR-06-002, and the site specific and standard conditions of approval as shown in the StaffReport for the hearing date of July 18, 2006 incorporated herein by reference (collectively the "Development Approvals"), a copy of which is attached hereto as Exhibit C. (c) Section 6.A (pages 4-10) is amended by the deletion of any provision thereof to the extent of any conflict with the following new provision: Kissler and Pri~Ine A shall each develop their respective parcels i~n accordance with the development conditions that are applicable to their respective parcels as set forth in the Development Approvals, which development conditions supersede the conditions set forth in the annexation of the subject property (AZ-03-018) in 2003. (d) Section 6.A.3 (page 5) is amended to the limited extent reflected below: I~issler and Prime A shall comply with the Development Approvals and the conditions set forth therein in connection with their development of the Kissler Parcel and the Prime A Parcel. It shall be required that all future uses within the boundaries of this annexation only be approved through the Conditional Use Permit process and either a public or private backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any CUP applications being submitted for any of AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE) PAGE 2 OF 7 • the three (3) pazcels on the west side of Eagle Road1SH 55. Any residential uses required by the City Council shall also be addressed as part of the DA. (e) Section 6.D (pages 9-10) is deleted in its entirety and replaced by the following new provision: The CITY agrees to adopt the Recommendations ofthe State of Idaho Transportation Department as set forth in VAR-06-002 (Gateway Marketplace) and VAR-OS-023 (Bienville Squaze). (f) Section 6.E.1(page 10) is amended to the limited extent reflected below: All uses must be approved through the Conditional Use Permit process as shown on the Concept Plan, dated: DEC. 22 2003, NO.1529, as presented at the February 24, 2004 City Council meeting, and which Concept Plan is hereby approved and attached hereto as Exhibit "C", except all future uses proposed on the Kissler Pazcel and the Prime A Pazcel located on the southeast corner of Eagle Road and Ustick Road that aze listed in UDC Table 11-2B-2 for the C-G zone and are "conditional" uses shall obtain conditional use permit (CUP) approval prior to commencement of the use; uses listed as "permitted" shall not require CUP approval. All future buildings on the Kissler Pazcel shall be required to obtain administrative design review approval prior to commencement of construction. (g) Section 15 (pages 12-13) is deleted in its entirety and replaced by the following new provision: Kissler and Prime A agree that no Certificates of Occupancy will be issued until ail improvements that aze related to public life, safety, and health (including but not limited to: water, sewer, and power facilities; parking lot paving and striping; and street paving) are completed. Where approved by the City Engineer, an Owner may post surety for improvements that are not related to public life, safety, and health, including but not limited to landscaping, fencing, pressurized irrigation systems, and site amenities, in order to obtain City Engineer signature on the final plat and/or obtain a temporary Certificate of Occupancy; no permanent Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by CITY. 4. Kissler and Prime A agree to abide by all ordinances of the City of Meridian with respect to their respective pazcels. It is understood that the Kissler Pazcel shall be subject to de-annexation if Kissler, or Kissler's assigns, heirs, or successors, shall not meet the conditions of this Amendment and any new Ordinances of the City of Meridian as herein provided; and that the Prune A Pazcel shall be subject to de-annexation if Prime A, or Prime A's assigns, heirs, or successors, shall not meet the conditions of this Amendment and any new Ordinances of the City of Meridian as herein provided. AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE) PAGE 3 OF 7 • • 5. This Amendment 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 Amendment shall be binding on Kissler and Prime A and the Kissler Parcel and the Prime A Pazcel, each subsequent owner thereof, and any other persons acquiring an interest in the Kissler Parcel and the Prime A Parcel. Nothing herein shall in any way prevent sale or alienation of the Kissler Parcel and the Prune A Pazcel, or portions thereof, except that any sale or alienation shal'1 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 either Kissler or Prime A, to execute appropriate and recordable evidence of termination of this Amendment as it pertains to the requesting party if CITY, in its sole and reasonable discretion, has determined that Kissler has fully performed its obligations under this Amendment or Prune A has fully performed its obligations under this Amendment. 6. 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 Amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 7. This Amendment sets forth all promises, inducements,, agreements, conditions, and understandings between the parties hereto relative to the subject matter herein, and there aze no promises, agreements, conditions or understandings, either oral or written, express or implied, between the parties hereto other than ~as aze 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 with respect to CITY, pursuant to a duly adopted ordinance or resolution of CITY. 8. Except as herein provided, no condition governing the uses and/or conditions governing development of the Kiss°ler Parcel and the Prime A Pazcel 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. 9. It is expressly understood that the obligations of Kissler under the Development Agreement and this Amendment aze independent of the obligations of Prime A under the Development Agreement and this Amendment, and the obligations of the other parties to the Development Agreement, as i_t may be amended from time to time by CITY, are independent of the obligations of Kissler and Prime A. Prime A shall have no liability or obligation as a result of a breach of the Development Agreement and/or this Amendment by Kissler, and Kissler shall have no liability or obligation as a result of a breach of the Development Agreement and/or this Amendment by Prime A. Similarly, Kissler and Prune A shall have no liability or obligation as a result of a breach of the Development Agreement, as it may be amended from time to time, by the other parties to the Development Agreement. This Amendment shall be effective as of the date hereinabove written. AMENDMENT TO DEVELOPMENT AGREEMENT (Mi 07-008 GATEWAY MARKETPLACE) PAGE 4 OF 7 i IN WITNESS WI3EREOF, the parties have herein executed this Amendment and made it effective as hereinabove provided. s ~ :a, ; i~ OWNERS: James A. Kissler LLC, an Idaho d liability company By: lam A. Kissler, Member Prime A Investments, L.L.C., a Delaware limited liability company By: /1 /~l 1i1i1 ~e~J/~ Pr~ine Reddy, M.D., Manager CITY: City of Meridian, a municipal corporation of the State of Idaho ~~~ By: Mayor Tatum . e Weerd `````,`~~~~uu•1~Ugr~~'',,''''i Attest: .~'~~``~~j ~ ~~ ~''.~ Jaycee L. -loran, City Clerk SEAL ~ . AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE) PAGE 5 OF 7 CCC,,, ~) ~ ~ ~ f 1 . 111 ~~j ~ ~ YY , } 1 i s-~ _ ~ ,~~~ y ~ I t {, ~. ~ r ~7 i ~ a ' ~ ~ ~ ~ ~ r ~f t 3 j s a r ~h . . g i i ' %~ ~. ~ ~ ~ ~ ~ S ~ f i~ F ~, ~ a F-~~ i! ~ ~ ~ ` d ~ ~ 1 , ~ ~ I ~ { $ ~ ~ ~ ~ ~ ~ ~ ~ € i ~{ ~ # ~ r V ~ ~ - ; ! I I. { I i`, i. ~ I ~ ~ " P . I~ ~~ ~ t ~s , f ~ E F 3 i~ 4 ~ r 1 ; ~ ~, ~ p ~~ ;~ ~ ~4 ~ i ~ ? c. r i , ~~ 1 j ~. ttt i ~ L ~ 3 ; # ~, ~ i ' j 9 ! ~; `; ' ; t ', ~ I ~ ~(~y~ ~ ~~, ~ ' 3 . { ] i ` ~ {~ ICE ; ~ ~~ ~ ' 1 f i { ,~ k ', ~ '1 ~ j iii ~%. , ~~ ~~ ~ ~ i r ~~ { ~t ~ ! ~ i-' ~. ~ _ +~ ~ ~F '~ ~ tF t i ~~ ~ I ~ t 6 ~ f 1 ~~ i t ~ ~ ;di x i .. ~ ~ r d r ~ ) e ~ F i ~ ~ 1 3 1 r ~ + f ~ • STATE OF IDAHO ) . ss: County of Ada ) On this v~~' day of 2008, before me, the undersigned, a Notary Public in and for said State, personally appe ed James A. Kissier known or identified to me (or proved to me on the oath of ) to be a Member of JAMES A. KISSLER LLC, the lunited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such company executed the same. WHEREOF, I have hereunto set my hand and affixed my official seal the day Cate first above written. C. ~~Ci.a~...~ No ublic for Idaho Residing at: My Commission ~xpires: t! ~ ~ ~ . S`PA3 IFORNIA ) County of San Bernazdiono ) On this day of , 2008, before me, the unde •~~' e , a Notary Public in and for said State, personally appeazed Prem Reddy, M.D., kno r identified to me to be the Manager of Prime A Investments, L.L.C., who executed strument, and acknowledged to me that he executed the same. IN WITNESS F, I have hereunto set my hand and affixed my official seal the day and year in this cert" a first above written. Notary Public for California My Commission Expires: see nex+ ~a~ AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE) PAGE 6 OF 7 I ~~ ~I '~ ~~a ~. .~ i { 1 ' ii i' r', ~~. i ', ~:~ ~. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of QTR' ~~~ On ~~ ~~ before me, +~~ N~ M~~t+rl-~ ~ (~, Date tt ~~ rr~~ Here Insert Name TIOe of Oie Officer personaAy appeared~~ ~~ t N`-IJ Narne{s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose named is/are subscribed to the within instrument and acknowledged to me that helsf~e>~iey executed the same in his/her/their authorized capacity(ies), and that by his/berr~eir signatures,) on the instrument the personj+s~, or the entity upon behalf of ~-~• t~L which the person('gj acted, executed the instrument. Conxntmonf 1i0R7T9 ~ I certify under PENALTY OF PERJURY under the laws ~~m•~~yj, of the State of California that the foregoing paragraph is true and correct. WITNES hand a ~ offi ' I seal. Signature Place Notary Seal Above Signature o! Notary laic OPT/OAIAL Though the information belota is not required by law, h may prove valuable to persons relying on the document and cautd prevent fraudulent remove! and reattachment of this form to another dacument. Description of Attached Title or Type of Document: `h~l 1 ~^~ r ~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:-1~ ( Signer's Name: ' ^ Individual ^ Individual Corporate Officer -Title(s): ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General _ _ ^ Partner - ^ Limited ^ General ~ . CI Attorney in Fact • ^ Attorney in Fact • ' ^ TrUSt@e Top of thumb here ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Guardian or Conservator ^ Other: ^ Other: Winer Is Representing: Signer Is Representing: li ®2007 National Notary Assoda8on •9350 De Soto Ave., P.O. Box 2402 • Chaffixwrth, CA 913132402 • wrovw.NaHonalNomrycorg Item @5907 Reorder. Cafi Tafi-Free 1~87fi-6827 ~ ~ tj ~ I~ ~ i I y l }}a ~ ` ' ~ l~ 6 I ~ i ~ ~ , t~~ 1 ~. }, I j y{h Ir y f q ' $ ..~ { z 1. @ 4 S ~ ~ ~ f# e ' fl t ~ ~ ~ j' ~ iii . ~ f~ ~~ii ~Q~; ~ ~ ~' y ~ ~ ~~ ~ ' ~ ' ' ~ e~f r ; ~ .~E. ' ~ ~ ' z LLL ~ ~ } ~ ~ . f ~ f 3 ~ . it ~ , . 5 ~ ' . , k b , ~ ~ 9` yp 7, ` 7 ~ i : ~ t ~ ~ ~ Z ~ ~. c ~ I f ~. F 1'4 ,~ ~ , t1 i ; tr ~ ~' , L. g ~j i : :.~F ~ I ~ . ~~ £ ;'~ ~ _ c ~ ~ fy {p y STATE OF IDAHO ) ss County of Ada ) On this ~t day of ~V`~ , 2008, before me, a Notary Public, personally appeared Tammy de Weerd 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 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) ~ ' 1% ~`'~ ~~' ~ Notary Public for Idaho Residing at: l~l~f ~ l ~~ b `, ; Commission expires: 1~-l l-l 1 ~?'~•,OF iDP~•' •...... AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE} PAGE 7 OF 7 EXi~Ti BIT A ~.Et„~:i, Dl~SC~tII;'TIDN A l~aroe! of tared tieing a portion of t~h~ t ~Ialf o f Government I,.ot~+4 dying m tl~e Not~obwtast t?uarter of the Nordavaest Quarter oFSection 4, Township 3 North, Raoge 1 East of the poise A~lcridiart, Ada County, Idaho, more particularly describ~cd as follavas: Commetteing at the Northwest comer of said Section 4 (also the Northv-~st corner of said Goveraatent I.cll 4), towinsliip 3 Nottlt, itertgo i Eat of the Boise Meridian; thence Narib 89°49'08"East (fo~nerly North 89°35'22' East) along the Northerly line o~said Se~don 4 a distaQ.ge of 664.$4 feet {f+or,~n,arly 664.75 feet.} to the 'TRUE pblN'!' Ct1v .BIt31NNING; thence continuing North 89°49'0$" East ~(fottnerlyT~ot~lr 89°35'22" East) along the Northerly lice .of said S~.tion 4 a dislsnce of 166.19 seat; thsttae leaving said Northerly lino, South 00'' 13'40" West (Formerly So~ttth 00°00'06" Ira~t) a distance df 293.00 tl~z-ce.North 89°1 8'56" West {fomterly Satith 89°32'42'} VYest) a distance of 168.07 .(formerly I6b.19 feet): thence Forth 00°35'55"'Cast (frrmeriy Noah 00°05'05" West) a distttn,ee of 290.48 feet (fortnecly 293,40 fret) to the POID7T OF HF(3ll~Al!1NG ' 3'he afaove desctypiiort was prepared from infomtation contained in Deers ~f records of Ada Courtly, Idaho. Not the result of an actual survey made oai the ground. Thv above described pru+ccl cor~isins 1.119 ecr+cs, mere or less. • ~ 1.- A I'accel of lend being a parlion of the East Aalf of tloveauneot Lot 4 lying in the Northwest Qumter ofthe 1~laetiit~vcst Quacfer of ~eetion 4, Towrship•3 l~lorth, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly de~il>~ as follows: Cotnmertcing at the Northwest corner of said Section 4 (also the Northwest coiner of said Ci~overnme~nt €.ot 4), 'fovnship 3 North, Ita~ I Fast of the Boise Meridian; theatee South B9°49'08" East (forrricrly Norio 89°35'22" .East) along the Northerly line of said Section 4 $ distance of 664.84 feet (foanerly X64.75 feet) to thQ TRUE PO[NT OF BEGINNIN(?+; thence ootitinuing South 89°49'08"Best {farmecly North $9°3g'22" t)~ alorsg the Northerly line of said Section 4 a dista~e of 1b6. l9 feet; thence leaving said Northerly line: S4itih 00°35'24" Wrest {forme~y -South 00°00'0" Ee4it} ti distance of 1290,77 feet (formarSy 1290.60 feet); thence North 89°51'00" Vest {fori~rly South. 84°32'42'' West) a distance of 1653$ {fc?raterly 166.2Q feel'); thence Noatlr 00°35'55" East (formerl}- North OOQtfS'OS" West} a distaare of 1290.56 feet ifotmexly €290.73 feet) tb the POINT OF SEOINI~!]Nfi. ~~ ~ ~t < ,~ < c i. ~i ~ ~~ E i i P ~ a j ~ ?: ~ T ~' i ~ r ~ { . t ' ~ ~ L ~ ~ 4 x 1 ~ + ~ ~ . 'Fltt~ above description was prc~rared from .inf~ot~tldncontained is Deed raoords of Ada Courdty, Idaha. I~oc she result of an actual survey made ou ~ ground. The above described parcel contai®s ~,~7 ~resi snare ~r Tess, ~, ~ l ~~j , .3 ~ f t ~ ~ .~ t. ' ~ '~ r ~~ ~:~t ~F ~ i ~ ~ t } n r .j ~, f ~ ,~ { ~ ~ r ~~ ~i _ , l . ~ j F 3 S{~ ' i ~ ~ ~ ~ ~ i~ t~ ~ ~ ~ t F~ E ~ '~ i ~~. ~ ~ 4 ~f ~ ~~ t! I ~ ~ s ~ r ~ ' ' ~ ~. ~ ` ~ ~ ~' 1 ~ 5 t I ~' ~ f ~ t ~ ! ~ ~.. ;} ~, ~, ~ ~ I ~ ~~- s ` f ~. f Exhibit B • ~~r~~~~ ~- ~~~~~ ~~~t~~l:~i:~~ I~~ enplrte~ & ~aulrtio3rora goi~, Tdalio 83sta6 t2usj 3'lt~s~s Paic (Z08) 429862 P.N, 2279 C)ctob~r 2b, 2ti05 ~~tC'C-r, "A" C1S~Cl'~ PYt~PE~1`V REMAcINt}ER PARCEL DESCRCPTION A parcel of land tying in the Northwest 1/4 of Section 4, T.3N.; RIE., B.M., Ada County, Idaho, and being more particularly described as follows Commeawing at the ~lortbvrest cornet of said Section 4 thence S 8~ 49'08"'8 along xhe l~ortlr lraundary of said Section ~ .and the ~ceatterline of~stick'Roed~for $. distance of 9Tr62' !'~ thence teavit,g avid Nvrtb'bott~idary:~a~ FeQtedLte•3 OrsO'Sl" W ~~'6 c~tastce~gf77:9ti t'to dpoiintsrni ilia SBiT~i rigiitzof-~wmyKtriiO:of Ustiixdc load, Qg~#he A~; I~P.OIli+1~' Olf BEG~C~; t~eace elenng mid South riSltt-~f-vyay lioe f9r the fallowigS 't3 courses: l~f 44' 02' l4" E for a distance of 47.06 Feet; thenoe S 89- 49'08" ~ for a distance of Z62.g1 fit; thence S 4Z 51'21" E fbr a distance of 41.18 feet; thence' 8`1' , l'~` 1'0" $ for a d'isuairce of Z9:b3 fleet; ' thence NA7 ~43'3~3" E ~r a: distance of40.57.feet; thenace ~ 8X 1:3`34" E fora. d'stap~ of 1'9'~:~8 feet (formerly described as 179.20 feet); thence 5 00` 35'54" ~ fora dlstanoe of 15.25 feet; thot~o S 8g 4~J'Q8" ~3 for a distetco oP 10.00 fiazt; /bases IY OOr 35'55" .H for e: di~rtoe of 1.5.4] feet; ~+ of }q~ i; _~' F~ ' `~~ I ~~B ~~ . ~ i , 1 x r ~~ ~ ~: . ~ ~ 1 t S. t i ~. i i ~, i Y ' ' t ~~ r ~ ~ • thence ~ 89' I3'34" ~ i~lr a diBt~-Ce of 8,1.02 feet; ft-ettdeS.QT l$'18"EfocadistattcedP41,37feet; (hence `1J 89r 48'42"'~ for a distance of 39.00 feet; thanes ~i' 43` 1:2' 19"E for a distat:~ of.2S.fi0 feet (~oriner4y gibed as 2.54 }; thg~e. lt~Vipg seitl South righbaf~way 1:ine S Od 35'Oat' iN flit a di~et-ce"of 969 83 t~et; tliet~e t~fig9! 5:t.'60"'iV' f~i~~n dslafice of X63.00-feet; theece'S 00' OS'00" W far a distance ai'62.40 feet; ibence, N S9~ 51'00" ~V fof a d',~ta~ice~c~f 177.00 fast; thence 5 Ott 09'40" W fdr a dista~e of 34:50 feet; tltaace ICY 51 5I'00„ W for a di~te~nce~of21S.6T het to a pnitrt oa the East.r~t-ot way true of.E.egie Rd.; tlte?tce ~ 01' 5R'.52" "8 atOUg sapd :right-of way .fie ~'or a dist~c. a cif 1035,43 f~- i9 the. 3tEAL, ~O]3dT QF.EE~II~NG; cantainiu~ 17.34 acres of land, mare c~ricss. Prepared 5y: Todd R Waite P~L S. p i {1{ I I i / } 3 ~ & } ~ K C - ~ i ,. i {{J k'. k ~ ~ F ~ 1 I n. i ~ ! 3 - ~ ~ 7 ~ i .~ ~ ~ .~ j m N ~~ I` ~_ ~ ~ r 1 r } ~ ~. JJ ~ ! 1 ~ ! ~ ~ ~ t M~ ! t ~ ~~ F ~ r ) ~ - i t 9 ~ + ; f ~ ~ k ~ ( ~~ ~ ~ 1 ; ' i ~~ ~ ~ - t ! ~ 3 I v~ ~ D ~ , ~ ~ s~ ~ i j " _ SS ~ ( ; ~ Y ~ g_ ~ ~ , ~~ t ~ ~ f ~ 1 d ~. t ~ r j ~ ' ~ ~ l 4E ~ ~ r 3 ~ i[ f ~~ ,~ . 1 1 i 1 g ~ ` ~ _ . ~ ~ {~. _ ~ ~ f } , 7 a r ~- ~ ~ ~fu~ ~ , r , , ~ t ~ ~ ~ v ~ j i ~ ~ j 9~ Y a ~ Et ~ ~ - r. 1 ~ I E ~ ~ i ~ I3 ~ i ~ ~J ~~1 . 4 e ff 7 t {{ 1 r ~ t ~ k~e~+ t{ ~ ~ ~ { I ~ ` . ~1 t_ f I d t ~ ~ k ! 7 ~. t ~ 1 L # 7{ '~i ~~ i ~ 6 . } y~~ ~ S ~' ~ ~- ~ j ~ r { ~ ~. e ~ ~ '~#.~. ) ~ ~ { - ~ ~ i ' ~ ~ ~ 7 ~ ~ , ~ ~. ~ ~ I~~ i ~ ~ x ~ .~~ ~ x~~ ~ ~ _~ .' ,, i i ~ ,~ CITY of MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF r,Aw AND DECISION & ORDER • ~fi~ +~~ ~ ~~~ , f' a n• ~ ~~ r i.~.wc~ / ~.!' In the Matter of Variance request for two accesses to SH S5! Eagle Road, for Gateway Marketplace Subdivlslon by Landmark Development LLC. Case No(s). VAR-O6-002 For the City Council Hearing Date of: April 18, 2006, June b. 2006. and June 27, 2004 with undated findings for auorovai on July 18, 2006 City Council aeenda. A. Findings of Fact 1. Hearing Facts (see attached updated StaffReport for the hearing date of Apri118, 2006 incorporated by reference) 2. Process Facts (see attached updated Staff Report for the hearing date of April 18, 2006 incorporated by reference) 3. Application and Property Facts (see attached u ~ ted Staff Report for the hearing date of Arri.l 18, 2000 inc~rpcrrated by reference) 4. Required Findings per the Unified Development Code (see attached u ated Staff Report for the hearing date of April 1$, 2006 incorporated by reference) B. Conclusions of Law 1. The City ofMeridian shall cxercisc the powers confcrrcd upon it by the "Local Land Usc 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-SA. CTTY OF MERIDIAN FIIVDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). VAR-06-OOT- PAGE 1 of 3 IE3tl i~ ~ ~ ~ ~~ 5 s t i o f i i ~z ~ ~ e t • • 4, Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is allowed. 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 parry requesting notice. 7. That this approval is subject to the Legal Description, and the all in the attached findings in the updated Staff Report for the hearing date of Apri118, 2006 incorporated by reference. C. Decision and C?rder Pursuant to the City Council's authority as provided is Meridian City Code § 11-SA. and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance Request for accesses to SH 55/ Eagle Road is hereby apnroved• and. 2. The almlcant shall be Rllnwed nerm~lent access to SH SSJEasle Road at two locations:- D. Notice of Final Action and Right to Regulatory Takings l~nalysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk mot more than lwenty-eight (28) days rill.er the final derision concerning the mallCr al issue. A rc~uest for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-fiS21 an affected person being a person who has an interest in real. property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: dated Staff Report for the hearing date of Apri118, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER CASE NO(S). VAR-06-OD2- PAGE 2 of 3 4~i 1 T i i i ~, I :i G j i i t, •: i i i C~ • By action of the City Council at its regular meeting held on the ~~ day of ~, 2006. COUNCII. MEMBER SHAUN WARDLE COUNCIL MENDER JO>: DORTON COUNCII. MEMBER CHARLIE ROUNTREE COUATCIL MEMBER KEITH BIRD MAYOR TAMMY de WC>RD (TIE BREAKER) VOTED VOTED ~~~ VOTED ~a~~'""~ VOTED_~~~ VOTED /~!iir~2/7'~ Mayor T de Weerd ~~~ ~ ASE Attest: ~.~`~~'~{ •~~~. r~ '' ` o William G. Berg, Jr., C Clerk s 7 ~.~ ,;^ Copy served upon Applicant, The Pl'~~aifrli~~``public Works Department and City i~rin ~~ ~:~~~~~~ Attorney. By~~-~ ~ Dated: ~' ~- ~ 1..0 City Clerk CITY OF MERTb1AN FWOINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER f:ASF. NO(S). VAR-OC,-0112- PAC*R 3 of 3 1 e 4 ; ~ ?~ ~¢ i ~ i I 1 1 ~ .~ ~~ ~, 4 1p STC[C[ ~ Y r L . ~. , ,. ~ +'. • CITY OF MERII?IAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING UA1'~ UK Ml S/U6 STAFF REPORT City Council ,~' , Hearing Date: April 18, 2006 & June 27.2006 '- ~'AI Updated for July 18.2006 findings r,r•,~mj ~~~ TO: Mayor and City Council ~~,`,~~ Y LG~!/ljf~~i ~ ~».~H~a FROM: Toe Guenther, Associate City Planner •~ ~ ted by Amaa. Canning. Dtrector ~~'••+~,~, , SUBJECT: Gateway Marketplace Subdivision Variance File Number. VAR-06-002 - Variance request to allow a right inJright out and a right in/right out with a left in aces onto Eagle Road, SH 55 for Ga Marketplace by Landmark Development Group, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-3H-4 of the Unified Development Code (UDC that prolu"bits new vehicle approaches to state highways. The Variance application proposes a new approach to Eagle Road, SH 55, one access driveways for right in, right out with a possible left in at approximately 1,350 feet south of Ustick Road and one access driveway for right in, right out at approximately 845 feet south of Ustick Raad. I:TD staff indicated that the proposed access point does ; meet district policies. The Idaho Transportation Department (TI'D) has not approved any approach p~ on this site and has made comment that this site does not qualify for access by standard district policy The ITD access executive committee met on March 22, 2006. At the meeting ITD determined that the applicant shall comply with the considerations outlined in the approval letter dated March 24, 2006 wl also state the access permit application to be contingent on obtaining a Variance to Section 11-3H of t UDC. ITD staff ac~owledged that they were required by state code to issue the access permits to deeded access points on state highways but encouraged the City of Meridian to be the authority on Ian use planning. The Variance application pertains to the 22.85 acres proposed as a commercial mixed use developmer the applicant has submitted a development application (PP-06-002) consecutively with the variance request which will also be heard on Apri118, 2006. The City Council has final decision authority on t Variance application, The main reasons the applicant believes a variance is justified are summarized in Section 3.h. on page of this report. Juue 27.2006. The applicant's request at that hearinu was for riuhl-in uersnanently and ri t-out Road. The Council voted to approve right-in and ri t-out l ermanent y) at both locations. 2. SiJ1VIlYIARY RECOMMENDATION Staff is recommending denial of the subject Variance application (VAR-06-002) for the reasons listed herein. We do not find that the application meets all of the findings required in the UDC in order for t] City Council to grant a variance (see Exhibit C). Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific • recommendation of the TTD. However, to staffs knowledge, no such specific r~ommendation has be provided to date. (See the analysis, beginning with Section 9 on page 5 of this report, for more details. 3. PROPOSED MOTIONS Gateway Mark~placo Subdivision Access vale o6-oox CITY OP MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE QF 4/18/06 Approval After considering all staff applicant and public testimony, I move to approve File Number VAR- Ob-U02 as presented in the staff report for the hearing date of April 18, 2006, and the site plan (preliminary plat) labeled PP-1, stamped REVISED Match 10, 200b with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff applicant and public testimony, I move to deny File Number VAR-Ub- 002 as presented in the staff report for the hearing date of April 18, 200b, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR- Ob-002 to the hearing date of {insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/I.ocation: SE corner of Ustick Road and Eagle RoadlSH54 Township 3N, Range 1 E, Section 4 b. Owner James Kissler 1125 W. Amity Boise Id 83705 c. Applicant: Landmazk Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark e. Present Zoning: General Retail and Commercial (C-G) (AZ-03-018) f. Present Comprehensive Plan Designation: Mixed Use-Regional - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parkiag aad access locations. Exhibit B shows the proposed landscape plan. h. Applicant's SUttement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of Retail/Restaura~ /Drive thru and other Commercial and office uses oriented azound automobile traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor. • There is no possibility of providing a frontage road as 1TD policy claims; ^ ITD has already granted approach permits for the pmject on the north side of Ustick Road; Gateway Marketplace Subdivision Access VAR-06-t~2 PAGF. f ~~ 1. ~ ' ~< ' r•' ~ ~ ~ ti ~ ~ ~ ~~ ;~ j I ; IJ j~' ~ S ' ~ b~ ~' r '' ~ ~ ~ [.~ ~ k > ' ~ E _ b 1 i ; 0' i ~ ~+~ ~' r; f: r z lll 3 # ` k i ~ ~ ~ ~ 4 ~ ~ ,, ~ ~ ~ j ~ ~ t ~ ~j~ ~3 i£ ( ~ S ~ ~ - `t~ pt i{; ~. I C ~ t~ I j ' : fs{- t~~ ~ i ~~ ~~ @ ~. ~ ~ 4 ~ ~ ~, g} f ~ J ~ ~ ' if. ~ F 3:. i ~ ~ pp~ ~ T ) I~~ 1 : ' i i ~ ~; 7 1 k .. 1. ~ i ~ 1 ' ~ , ~~ t $ r a l ~ ~ ~'@ ~ {{ ~ Vi a: ~.~ ~ ~ t ~ ~ i t 1 s CITY OF MERIDIAN PLANNiTTG AND ZONING DEPARTMENT STAFF REPORT FOR kl1rARWG DATE OF 4/18/06 * We believe we are grandfathered.from the UDC based on discussions and annexation occurring before its adoption. 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, Article A (Table 11-SA-1), a public hearing is required before the City Council onthis matter. b. Newspaper notifications published on: Council -March 27 and Apri110, 2006 c. Radius notices mailed to properties within 300 feet on: Council -March 24, 2006 d. Applicant posted notice on site by: Apri17, 2006 e City Coun 7 conducts the initial hearing,-for Chic itrm on Apri118 2006~nd a roved BR the Droiect. Before the findings were adopted. the applicant requested reconsideration. lie reconsideration hearine was initially scheduled for June 6 2006 and continues r~ June 27.2006. f. Newspaper notifications for Council reconsideratig aringpublished on• May 15 2006 and Ma 29 2 0 . ~. Radius notices for Council reconsideration hearing mailed to ~perties within 300 feet op,: May 1.1.2006 h. Applicant posted notice on site for Council reconsideration hearing by May 27 2006 6. LAND USE a. Existing Land Use(s): Bare land, single family residence b. Description of Character of Surrounding Area: Large lot residential, highway-oriented services, rapidly urbanizing. c. Adjacent Land Use and Zoning 1. North: Future pad sites within Schmitchger Subdivision, Lowe's site zoned C-G. Z. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned C-G, Rl, and RUT 3. South: undeveloped parcels zoned C-G with Redfeather Annexation. 4. East: Una Mas conceptual project and ACRD future right of way, zoned RUT- proposed zone C-G d. History of Previous Actions: l'a Apri12004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi-family Residential, transitional, apd office uses under File AZ-03-018. Some property was annexed and zoned to General Retail and Commercial (C-G) with a Development Agreement while other portions of the property (on the west side of Eagle Road) were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. e. Existing Constraints and Opportunities 1. Public Works Location of sewer. Extension of mains is Ustick Road Gateway Marketplace Subdivision Access VAR-06-002 PAGE3 d E i ~ 1 ~ : ~ ~ ~ F % ~ i §MMM ~ V f I' A ~ 1 ~ i ~ K K :'~ L ~ • • CITY Or MERIDIAN PLANNING AND ZONING D$PARTMENT STAFF REPORT FOR HEARING DATE OF 4/l8/Ofi Location of water. Extension of mains in Ustick Road Issues or concerns: None 2. Vegetation: Agricultural/Irrigated 3. Flood plain: N/A 4. CanalsJDitches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property S. Hazards: None identified 6. Size of Property: 22.85 acres 7. Description of Use: Retail, Office, Commercial, and Restaurant uses and associated parking and landscape improvements along Eagle Road. f. Summary of Proposed Sheets and/or Access (rrivate, public, common drive, etc.): ^ The applicant is proposing two new access points to Eagle Road/SHSS to serve the Gateway Marketplace project at approximately 850 feet and 1,350 feet south of the Ustiek/Eagle Intersection. 6. Ai:F.Nt'Y COMMENTS All agencies provided comments for the plat application being heard simultaneously with the variance r~uest. Please see the public record for the Plat file for any written comments that may have been submitted by other agencies. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site i$ designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Staff finds the following 2©02 Comprehensive Plan text policies to be applicable to this application: • Chapter ViI, Cmal N, objective T), Action 2: Restrict curb cuts and access points on collectors and arterial streets. The AC;FII) evaluates access points in their analysu,~ no direct lot access is allowed to any of the arteriaUcollector roadways. The proposed access points to the arterial streets generally comply with ACM's standards. Please see the ACtID staff report and Exhibit B for the conditions from ACHU.1 See Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will beat intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches {other than intersections) in special cases and on a te»~porary basis. The Eagle Road access shall be eliminated from the plat design if the Meridian City Council does not grant a variance and/or ifITD does not approve an approach for this site. • Chapter Vq Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etcJ. The applicant is proposing to construct appropriate bufJ'ers along all of the adjacent arterial streets with the exception of the curb ctrl shown on the site plan. By ordinance, a minimum 2S- footwide landscape bt~er is required adjacent to residential uses and 3S foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape buffers. Gateway Marketplace Subdivision Access VAR-flfi-t102 PAGE 4 i - „ ( ~ 1i~ E ' ~' ` -~ et °i ~ ~ i ~ ~~~ ~ ~ ' ~ ? ~ ~ -~ T q r r. i ~ ~ ~ ~~~~ ` ~ ~ ~ ~ 9 ~ ~~ ~ . F3 , ~ .xT~ . ~ ) { -2 ~ i t.Yl. I , E .~ S > 3 ~ (ty: 't t ~ 3 y~ ! ! ~ , 4 ~ t i ~ v' i {x. + i i a yy ~ ~ ~ ~ ~ g ~ i ~ f ~ ~ ~ ~ # ~ ~ 3 ~ ~ r y r- ~ r t ~ ~~ 7 F , s r {~ t' ff i riff ~ } r r b e t . ~ ~ ~ ~ ~~ ' '3 9 , ~ h ~ E ~ ~ y i ~r i t d3 [- ~ ~ '~ ~ 4 Il { {f ~ t e F l • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMh:N'C STAFF REYUR'I' FUR HI;:AKING llA'I'I; OF 4/IS/U6 "The capacity of arterial...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimize access points vn arterial...roadways as development applications are reviewed." (Chapter VI, page 72) ^ "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79j. ^ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal N, Obj, D, #5, page 107) ^ "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.) :' (Chapter VII, Goal N, Objective D, Action item 4) ^ "Raluire all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) 8. TJNIFIED DEVELOPMENT CODE TLc following UDC sections are pertinent to this application: a. Development along Federal and State Highways: Unified Development Code (UDC)11- 3H-1, Purpose. One of the lhrCe purpusC statements is to "Writ access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public." b. UDC 1 i-3H-4.B, Standards: Access to State Highway - "Use of existing approaches shall be allowed to continue provided that the following conditions are met: 1. The existing use is lawful and properly permitted effective September 15, 2005. 2. The nature of the use does not change (for example a residential use to a commercial use). 3. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or as increase in the square footage of commercial space)." c. UDC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing approach shall cease aad the approach shall be abandoned and removed. 1. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: a. the section line road; and b. the half-mile mark between section line roads. These half-mile connecting streets shall be collector roads: ' d UDC 11-3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road." 9. ANALYSES 9a. Analysis of Facts Leading to Staff Ita:ommendatlan for Denial Listed below are various documents in the public record pertaiIIing to this application. The relevant points within each document and an analysis of those points follows {staffs analysis in italics). For additional analysis, seethe Variance Findings in Exhibit C. Gateway Marketplace Subdivisioa Access vA1t-oG-oo2 PAGE 5 - T .b' F ~ S~ ~'~~ 1 i~~I iY:. 7 tt n ~ r ~~ ~ a~ ~,~. r¢ bi . ~ ~ `~ ~:. ''t: ~ '. .. :".' ~: ~ . a.t i '4. ::l: ~ :..~ ~' C 3r: ' ':~, , r Y C'k .~ '~': . ~. itS ) ~. r iF~.: .L. 7 ' . y it.; Fi; F .,' r. ;. _ "'.: ~; ::: . ~ a _ ; ~' . i• 6, yy ! ' ~ t ~St~ S~ S ~Y ) if _ 3 ~' :; • C1TY' OP' MERIDIAN PLANNING AND ZONIIVG DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4!L 8l06 ^ Annexation In September 2003, Planning Staff member Brad Hawkins-Clark included the following constraints on the development agreement in the staff report for the Kissler Annexation: "Eagle Road is the major north south arterial in Ada County. The capacity of this arterial should be protected by muniarizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt and help implement the Eagle Road Access Control Study, prepared by ACRD in 1997." (Chapter VI, Subsection 2, pg. 71) No access points are proposed or addressed as part of this application. The Planning & Zoning Deparoment has had recent discussions with ITD District 3 (Sue Sullivan) regarding controlled and restricted access points adjacent to SH 20-26, SH SS and SH 69 in Meridian's Area of Impact.. We are recommending I7D coordinate with the City of Meridian to require backage roads be constructed on al! parcels with smte highway frontage, wherever the parcel sizes and configurations allow. Therefore, in light of this recent policy discussion, stajJ`' is recommending the Commission and Council require backrtge roads (either public or private) be incorporated into future development as a condition of the DA. (See Site Specific Cunditiun h3 beluw.) Site Specific Condition #3 reads: The DA shall require that all future uses within the boundaries of this annexation only be approved with either a public or private backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. Testimony was taken at the public hearing on the Kiasler Annexation February 24, 2004. Council Member Rird made the motion with a contingency on the extent of the approval that stated: "W a are basically just atmexing the property, we aze not giving any go ahead on anything or any designs, so with that said I would move that we approve AZ 03-018, the annexation and zoning of Kissler, Cobb, and Ruwe parcels and to take condition number three as per applicant's statement " ^ Develonment Asr_e~ilaent The following Endings were made and written into the development agreement for AZ-03-018. Adopt the .Recommendations of the State ojldaho Transportation Department as follows: 1. SH/SS has been designated a Principal Arterial. IDT would like to preserve this corridor by recognizing the following conditions: a. Future right of way widths will be: A. IZO feet each side of'centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feat total) if the developer provides an internal frontage road type system to feeder roads. 2. ilccess to a Principal Arterial Type 1 Ywil! be intersections only, and spaced atone mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) maybe permitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which Gateway Marketplace Subdivision Access vAR-os-ooa ra~F ~ ~ t ~ ~~ "~ ~ {s~ ~eI ~ i # ; ~ ~ ~ y(jk ~ t ~ ~ ~j` ! _ ~ 3t ~ ~ ~ ~ t a ~` ~ ~ ~. ~~ 7 ~ ~ ~ ~ ~F ~' ' ~{ ~ ~ ` 4 l'~R j * 1 F ~ t d ~ I 1 ~~ r ,~ ~J ~~ ~ ~ a ~ l ~ '~ ~ ~ t ~ ~~ ~ ta ~ f a ~St ~ ~ t K !~ t ' F ~ . ~ d F I ~~.~ Vii. '~. ~ ,~r4 f _~ ~ -~ ~ ~ ~ ' ~ , ~ ~ ~~ ~ ~ t ~ i ' ~~ ~ ~ ` ~' ' ~ ~ i f ~ ~1 i ~ ~ _ ~, titi~ ~~' c ~ ~ ~ r ' ~ ~ ~ 3 . $ ~ Zj ~ ~ ~~' ~~ , ' r ~ ~~ ~ ~ ~ ; ~ ~ ' ~ ~~, t s ~ ~ ~ , ~, r, ~ tai ` ` ~~~ t ~ ~ ~ ~ ~ ~ ~ im ~ ! ~ ' ~1 ,~ ~ . Et ' I { , • - o ..............~ CITY OF MERIDIAN PLANNIIVCi ANl)LUN1N(i DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06 time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road (2) Shall be recorded at the County Recorders t~ce. (3) Temporary access restrictions will be noted on the permit. 20. It is found that any future uses will impact the level and f low of tra,,~"ic on the surrounding streets. Specific tra,~`ic counts will be determined at the time of development application. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found that the number of vehicular access points to Ustick and Eagle Roads should be restricted and comply with AChm policies in order to preserve the capacity and movement on these roadways at builaf- out. ^ Ttaffic Accident Data The following is the 2004 accident data from the Meridian Police Department for the Eagle Road corridor. Of the top 10 intersextions in Meridian for total number of accidents, six of those intersections were along Eagle Road/51355 (Overland, Magic View, St. Luke's, Franklin, Lanark and Tairview). 7lMd TAP 1n MFRI~IAN AC.CIr1FNT LOCOTION3 INTERSECTION TOTAL p ACCIDENTS EAGLE/FAIRVIEW as FAIRVIEW/LOCUST GROVE 48 MERIDIAWOVERLAND 44 EA~LE/FRANKUN 41 FAIRVIEW/REI;,ORDS 39 EAaLE/MAOIC VIEW 30 FAGLE/LANARK 28 fJ1GLE/ST LUKES LN 28 MAIN/FRANKLIN 23 EAGLE/OVERIAND ~ In 2004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a direct correlation belwern the number of acae:ls poinL9lintersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of new accesses helps to ensure a safer roadway. ^ Eagle Road Arterial Studv -Final ReRort (Apri12004) This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 20051etter to Eric Shannon, TTD District Engineer, and was also endorsed by the ACfID Commission. The study includes the following recommendations: Gateway Martcdplace Subdivision Access VAR-06-002 PAGTr 7 • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06 - Para. 3.2.5, pg. 4: "TTD and AGHD should work together with the municipalities to identify the specific public streets and private approaches on Eagle Road to be closed, over time, via access consolidatioq provision of secondary access, etc..: ' AC.FIl) has provided lwo access points to the site. which lie. along Ustick Road. The availability of Cross Access to collector and arterial road systems would preclude any access to Eagle Road which would consolidate the accesses to the new public street (Allys Way) or the approved approaches to Ustick Road. These approaches all lie within 1,350 feet of Ustick Road or S00 feet to the future collector roadway which would be an acceptable length of which commercial users would expect public road access. - Para. 3.2.b, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigures to reduce the number of access points to Eagle Road and to allow more local trips to be snadc without tho nccd to travel on Eagle Road. This concept should be incorporated into municipal planning and zoning policies..." Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to reducing the number uj[rips and pu[enlial ucciden~i un Eagle Road. ^ Access Analysis TTD must issue aright-itt/right~ut permit and a full access permit for this site, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. At this time the policy in place would be for frontage roads to serve this site and provide connection to the %h mile and the collector road systems. 1TD has submitted a letter indicating that they will not make a final decision on approving access to Eagle Road until such a time as the Meridian City Council has formally acted on the Variance request. City staff does not support say access to Eagle Road in this location. Un March 22, 2006, ITT) conditionally icaued the two access points to F.agle Rnad at the locations defined by the applicant. Please see the letter in the f le dated Mazch 24, 2006. Tn addition, the applicant is proposing two new acceaaa pninta to Ustlek Road at the following locations: ^ Driveway #l - 3S0 feet east of Eagle (right-inlright-nut with center median) ^ Driveway #2 - 700 feet east of Eagle (full access) Ustick Road, from Leslie Drive to Allys Way (on the east side of Eagle Road), including the Eagle Road intersection, has just been widened and improved to five lanes. The intersection was widened to include dual left turn lanes. In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SHSS. ACRD has stated that the applicant shall provide cross access south and east to connect to the future collector roadway east of the site and the connection to the signalized access proposed south of the site at River Valley Drive. ACHD staff will be in attendance for the Apri118, 2UU6 hearing and have stated their opposition to access on Eagle Road as it diminishes the classification and function of the future Nortb/South collector roadway (Allys Way), if excessive points of access are allowed to Eagle Road ACID may change the road project to a lesser classification or not construct Gateway Marketplace Sutxtivision Access VAR-06-002 PACiF. 8 If ~ ' : r l ~ ~ s: t t ,~ ~jtp ~ ~ ~ }' ~ ~ a ' 1 ~ ~ f ;~ ,~ ~ ~ " ~ ~ ' ' I .: ~~, ~ , ~j. ~~' i r , ~ p h,' ' ~ R , t E r i ` ' 3i i s ~ ~ ~, _~, ~ ; ~ ~ f tf ~ f ~ ~~. ( T 1 ~ 3~ ~ ~ 1 I .+~. ~ ~ t ~ {I ~ t '~ 6 ~ 1 4 ~~I It tt ~ ~ T 3~ I ti b~ I ~ ~ ~ i ~;~ ~~ ~ a 1 ~ ! j i i' ~ i %i I ~ F . . e h~^ ~ l ~ J I + f ~ C ii Y' ] - ! .K I 5~: i ~ ~ tg Y ~ i ~ e< ~ ' i ~i i ~ 4i ran a ~ !. ~ i t ~~ ~ ~ I ~ ij ~ i , ~ l ~ ? f ~. ~ s, s ' ~~ ~E ~ ~ j ~ ~ ;~ ' i ~ ~ t is y t z ~ a : '. ~: ' ~~ •;' • • CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/I 8/06 the project at all. This project along with the Una Mas Project east of the site will connect with Ally Street, a proposed public street serving as a collector madway to the entire area. The design received March 10, 20061ines up at three points to the east as requested. The area plan (Una Mas Annexation) shows private, internal driveways connecting to the future public street; such driveways run mostly eastlwest connecting the Kissler site to Ally Street and ultimately LJstick Road. Staff has required both the ACHD and Una Mas annexations to enter into a Development Agreement with the City of Meridian to make the connection to Allys Way. ACRD would also like for Council to consider asking the developer to modify the DA to include applicant participation in constructing the collector roadway. ACHI3 Staff notes that the DA requires the applicant to construct a frontage/>~ckage road, similar to what is being done by the Winston Moore project on the NW corner of Ustick and Eagle. ACHD has acquired property to facilitate the appropriate location and alignment of such frontage/baclarge road, but they do not have funds committed for construction. It maybe appropriate to tie development of the subj ect property to construction of the collector roadway. For a detailed report on both ITD's and ACHD's actions and comments, please see the letters/reports submitted with the application. TTD and ACRD will have staff available for comment and questions at the public hearing. ^ Applicant Arguments to Grant. Variance The applieaut's arguments to grant the variance were sununarized in Section 3.h of this report (page 2). Please see the application for more details. Staff' does not believe the applicant's arguments meet the "findings test" for granting a variance. The fact that the applicant had not begun the process of securing access to Eagle Road at this location before adoption of the UDC is not the right question. The question required by the UDC (11-3H-4B.a) is, "Was there a lawful and properly permitted existing use effective September 15, 2005?" The answer is "no," because the site was annexed, but did not have any specific uses approved nor any use permits granted for the property. All properties being annexed into the City of Meridian require future uses to be upgraded to meet the City of Meridian Standards and required all future uses to comply with Comprehensive Plan policies and ordinance standards. TI'D had not approved access permits to this site prior to September 15, 2005. The fact that l'TD has already granted approach permits in the area is also not the issue at hand for the City Council. The City Council is charged with enforcing the terms of the City's ordinances - in this case Article H of the UDC and determining the variance based on the City's own findings. The applicant claims that due to physical constraints on the site that they will not be able to create a frontage road. Staff responded citing 1TD's policy that states a frontage "type" of connection may be utilized, which does not have to be with a public road connection. ACRD has approved two access points to Ustick Road, which will be upgraded at the controlled intersection east of the site. ACRD has also provided a public road connection (future Allys Way collector) which will provide the frontage mad requirements for the subject site. Planning Staff required multiple cross access points to the north which were to be designed as commercial collectors with appropriate widths and limited connections for all sites SE of the Ustick Eagle Intersection (Una Mas and ACHD's Annexation} Staff conditioned these road connections to serve as the frontage type roadways with limited access Gateway Marketplace Snlulivlsion Access vAR-o~-ooa PAGE 9 CITY OF MERIDIAN PLANATING AND ZONING DEPARTMEN? STAFF REPORT FOIL Hk~AK1NG 1)A'1'l; OF 4/1lN06 (no parking} as retuired by ACRD for traffic circulation and no further connections to Allys Way. Access to Eagle Road would not be necessary if properly designed and managed. These public access points are less than 1,350 feet from any point on the site and when properly designed, staff feels that the size of the site does not constitute reason for a variance as it is common to drive less than 1/4 of a mile when accessing a public road system, especially for commercial uses along a major roadway (Usick Road). Furthermore, the UDC includes a statement that an access "may" be granted, ff approved by ITD. However, the UDC explicitly states there must be an "existing use that is lawful and properly permitted" prior to September 15, 2005. No such use has yet been approved and all uses existing on site aze to increase the intensity of the use and change the nature of the area which are prohibited by City Ordinance. 9b. Staff Recommendatlton: Based on the Comprehensive Plan and UDC policies listed under Section 8 of this report as well as the analysis of findings shown in Exhibit C, staff finds there is a lack of evidence and grounds to grant new vehicular access points to Eagle Road/SHSS. Plauuiug Staff find: • The request does not meet the standards for access approval as required by UDC 11-3H. • The letters received from TIti during the 2003-2004 annexation process make no guarantees that permanent access points would be approved • 1TD specifically stated their opposition to access at this site in 2003 and the City of Meridian incorporated their recommendation as a consideration for armexation. • City of Meridian Council Members are on public hearing record in 2004 opposing access points to Eagle Road for the eastern side of the development and required a frontage road access only. • These access points are not shown in the Eagle Road Corridor Study. • No reference to prior access approvals from the City of Meridian was found in any documentation • Staff has made findings for the Gateway Marketplace preliminary plat for Atlys Way to be the required frontage road with the project development. Again, the Council may want to consider tying development of the subject property to the construction of the Allys Way collector road. The finding for frontage road will satisfy the ITD policies for interconnectivity and provide adequate access for commercial development as well as meet the intent of the Development Agreement. Staff is also concerned that if access to Eagle Road is granted that ACHD will not construct Allys Way to the level of service being considered which would mean a Frontage road would not be provided for the site and this fmding would not be made. Finally, we do not believe the applicant's arguments meet the "findings test" for granting a variance. Therefore, staff recommends denial of the subject application. We have prepared findings consistent with this recommendation in Exhibit C. Gateway Marketplace Subdivision Access VAR-06-002 PAG$ 10 . ~ x f 4 ~ 3} f . :~ 1 ~' ~ k~ t~~ ~, x J i ~ } x I: ,{ ~! ~ ~~ ~? l` ~ fff~ ~ ~ 1 ~ ~ ~ ~4E j ~ ~ 'fin ~ i p ~ ~ i ~5~ j9 $ 7 {s~; ~ ~ ~ a ~, ~ t Z ~~ , ~ i ~- ~ , . ~ ~ s ~ :F 1 t( L , 4 > ~ ~ ~ ~ 4 j l l i ` p l ~ i ~ .. ~. •. ~ '.9 }~ .' I dj f. ~ . -, F~ ,, i f ! '. ~ (} 2~F r ;fi~ i !. ~. k i` Fq ,s k is .F~u~~: I@ j ya fi ~6 ~ 1 } _'h ~ _ I 1 i F' i ~~ ~k ~; I {' • o CITY OF MER1D1A1~ PLANNTNC ANlyLON1NCi 1)!rl'A1Z1M!~:N'1' STAFF REPORT FOR HEARING DATE OF 4/18/06 Y0. EXHIBITS A. Project Plan (iiy The Land Group, Stamped March 10, 200 H. Legal Description C. Required Findings from Ul)(:: (Variance) Gateway Marketplace Subdivision Access VAR-Q6-Q02 PAGE 1 i • Ci'I'Y U!: MERlD1AN PLANN1Nti AND ZONINQ D6PARIM!!:NT STAFF REPORT FOR HEARQVG DATE OF 4/18/Q6 Exhibit A: Overall Concept Plan (Red Cliff Development Company) Meridian Gateway Variance Application Exhibit A i'agc 1 • CITY OF MERiDiAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DA1 L OF 4/l8/06 ~J1~j~t '~~#~~ieiD i~j~~f~ ~ 1 g ~ ~•. ~ ia~aa 33~a e ~~ ~~~~a ~g~ ~e +~ ~~~ ~ • r • w • f~~CD 'li~ , ~ 1 VY~] ...mw~ r• ~ i p l ~ e I~fl:il ~ S;PP4±, a 1'i~ f~~iijii~ ' ~ ~ ~ ~ ~ ~ 4 is0 0~ ~ I ~~~~9BI t . a'~'e~'v~ f ~ i if ~ ~ ~ it 1 GATEVYAY MARKETPLACE SUBDNISWN PteUminary Plat Meridian, Idelw -~ ~-~ , ~,~ ~ o~~~•~ ~~1 Q• ~~ Meridian Gateway Variance Application Exhibit A Page 2 i+ ~ ~ ' ~ S ~ ~ E¢E[ '~ , ~~.; ~' ' t~i i f ~ sa. ; ~~ ~ ~ ~'-; Fi E -~~3'A r: E~- 1s g;: .~ ~ r,. ,~~~s ~ ~f iie {{ ~' }~ i F T1 i 1 ~~ SttL G ' 1 ~ i ~ 2 $ a ~ t ~ s ~ i ~ I ~ =~ i i ~~ r ~ s! j ~ , ~ 3f~ r ~~~ i ~ ~~ • • CITY OF MERIDIAN PLANNING AND ZONING DEPAR'T'MENT STAFF REPORT FOXt I3EAKIN(i llA'1'1r OF 4i11lN6 Exhibit B: Legal Description cfaibnrn ~ waste consul~ir~~,~.Clc~ anplneera & surv0yors 12o i`. (~ tsa. 8oieo, Idaho 837QG (2118) 376-itS33 Fax (208) 4251-9862 P.N. 2279 October 20, 2QOS PARCEL "A" L1S7'ICK PROPERTY 1tEMAINDER PARCEL DESCRIPTION A parcel ~' lead lying in the Northvrest 1/4 of Section 4, T.3N., RIB.. BM, Ada Cauaty, Idaho, and being more partitzllarly described as Szllowa Comart at the Northwest omr~r Of said Section 4, theaoo S 89 49'08" B aio4g the 9? ~ o1'seid Section 4 and the oenterUne oFUesick Road for 8 distance of ttleace leaving said Noth nd~ry and oeatetline S OPSO'S2" W for a diaralue of77,~ feet to a point oa the Solel- n~'glut-ot=way line of Ustidc Raad, bealg ttas ltlEAlr, 80I~1V7' OF HIl:GI4VNING; them along said Sovtb rigbt4f--way line for the following 13 oa>araes: N 44 02'14" E for a dietanes of47.06 feet; thence 3 S~ 49'08" E for a diatellce of 262,81 feet: thence S 4Z S 1'21" E for a dietartoe of 41.18 t8et; eheaw N 87 1T 10" E for s distance of 29,03 > thence N 4T 43'35" E for s distance of40.S7 feed thence N 89' 13'34" E for a distanoo of 179.28 foet (tbmterly deacn'bod as 179.20 Coca); El~ultc ~~ liJ .->S..t+.. ~ ful r tiul:.aw, ui 1 J.[J ICbI, thence S 89 49'08" E for a diatence of 10.00 feet OlrnCt ~ f qi .. N. lu.. ~tisu.~.c~! uI l5 4 i 1Cat. C:SPIOJepslU~dlibA (2279)]popmlpltg~ppro~t A.dao- 1. Meridian Gateway Variance Application Exhibit B Page 1 {i~~~ ~l ( 1~ ~•• ~ ~ F tin ~ ~ ~.,~, ~~ T t ;~ , e ~ ~ k j ) F , t ## ' ~ ~~ ~ ~~~ ~ 5 ` , ~ ~ ~, gg f ' I v ~ { ~i` ~, EE c _ ~ C i tF jljlj 7 ![! 9 } ~ t • i' ~ ~ i~ ~~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF M18/O6 cloi-born ~ woike consultingj_Ilc engineers & surveyors !20 N. Ctuois Rd. Boiae, Idaho 83706 (208) 376-8553 Fax (208)429.9862 P.N. 2279 October 20, 2005 PARCEL "B" U5TICK PROPERTY S.SI ACRE SPLIT A parcel of land lying is the Northwest I/4 of Section 4, T.3N., R.IE., B.M., Ada Catvtty, Idaho, sect Being moue particularly described as follows: North boundary off said Section 4 and the eeoter aUR~d for a dista~e~of t~ 97.6Z' rheaoo leavuo~g card North boundary and iltte 5 OT SO'S2" W for a distance of 77.9b feet to a poiet onthe fiasn dg>it-of-vvay line vfBagle Road; tbeeoe along said ~ ti$bt.ofyvay lies S Op SO'32" W for a dietaooe of j038.a3 tit to the REAL POI~iT OF BEGIIITN1QItG; l ~etimtin8 ~~g said East right-of-way lice S Oi' SO'S2" W for a distance of thence 500 36' 13" W alotg said East right-ofway Iine for a dime of 114,17 feet; iheece Leaving said ~ rightwf-way line S 89 S 1'00" E for a distaer.ce of 700.02 feet; thence N QO 36' 13" js for a diataaee of 93.77 feet to the SottM be>ndery of Govermnent Lot 4 of said Section 4; thence 5 89- 51'00" E along said South boundary for a diraattce of 61.35 feet; xhnnrr Ia~sZ~n roj.1 c,,t.~P !':1:'hi!:T' w~ der +S•~;-?- f. •. -;;'. 'a.lait~ta. t:: 'i.''~ ~. thence N Sg 5!'00" W for a distance of 363.00 feet; 1•I•;n::: ~ ~~lr ;r••'(IQ' 11' i;,; ~: di~lau. i• u; G.. Uri li:e•i. C:IProjeg6lUsiicW.LA (2279)1Do~vmentslParat113.doc-1- Meridian Gateway Variance Application Exhibit 13 Page 2 j?i ~ ~~ ~ s{ ~ ~~ ~ ~~ } ~ f 4 z } ~ ~ ~ ~ ~ t ~ > ~ ~ ~ ~ ~ p i~ f i } ~ f ; ~. C f ~ 4 t vi t[ T t a S ,t Y ~ , r j F f 1 i. t ~ !i ' ~ I , f t ~ ~ • i F, ~ 77 ~ h t ~ ~ t . ! C ~ ~~ ~ ~. ~7; i y ~~ 111 Y tit ) ~:} 1 t ~ ; s {-t, x ~ ~ - # ~ c ' ~ ~ ' ~ (~ ~ f ~~~ ~ ; 1~ ; S F ~ ~ ~ pj ~ ~~ ;~ f ' ~ ~ ' 4 4 1~ } , .~- t~~ ~, ` 3 i ~ f ~ 4!' ~ ~ ~ ~ ` ~ ~ p . ` 1 ~ ~ ~ i ', ~i ~ ~. fi :1> ~,~'. 1~'r; tii ,' ~ yy f - ~ ~ ~ .., I. ~~ i ~ .~ i ~ ~: i g$$ 4 ~ , ~ is ~ '. ~ ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT' S'1'ArP REPORT FOR HEARING DATE OF 4118/06 thence N 8g S 1'00" W far a distance aft 7%,UO feet;; thence $ 0t7 09'00" W for a distance of 34.50 feet; thence N 89~ S 1'00" W for a distance of 218.67 feet to the REAL POINT OF BEGINNRVG; containing S.SI sates of land, more or less. Prepared by: Todd R Waite P.L.S. C:1ProjectstiUstidcLLA (2279)11)ocuarentslNareetA.da~ 2 - CTI'Y OF MERIDJAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING UAl'k Ur 4/18/1}G Exhibit C: Realaired Findings from UDC (Variance) Tfie City Council shall apply the standards listed in Idaho Code 6'7-bS16 and all rheJinding5 listed in Section II-SB-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: epgs~rit~ The Council finds that this variance will nQt Brant a snec~al rght or vrivileste Because so much of Eagle Road has developed with many access points. the adopt~l Code has the effect of nenalizln uroperties that are now trvlna to develop along the corridor The Cnu+~cii st~ports considering each proposal for access to Eagle Road on a case-bv-case basis to evaluate this findine. 1~. The variance relieves an undue hardship because of characterlstlcs of the site; L.e «..a ..s a ~L r .. A:Q~ e..~ r1,.. ..~l,a.. ,..~,.«..«:;e.. .. ~....:a Meridian Gateway Valiance Application Exhibit C Page ! ' a -I: r ,; ;: {` '. , ;. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18106 VMii~ ~1i~0-AF SA-6~ft)~-~'RAF~ieellHf~ -, ~r ~ fundamental physical feature of Commercial develo~enx is access to the property. ~:~,•~~ ~;*^;*~ ~^cese +^ *t+e p,~p~y The Council finds that approved ri t-in. ri -out access points will limit the safety concerns and traffic impacts while pmviding access to the site a_+d relievg~an u*Idue lt?*~Ichi~. C. The variance shall not be deirlmental to the public health, safety, and welfare. .~ mitieate these four conflict points by providing adequate acceleration and deceleration lanes The Council finds that approved ri tin. riQ tout access poi>lts will limit the ,~~ concerns on the site and will not be detrimental~o the public health. safety. and welfare of the comunity. Meridian Gateway Variance Applit~ion Exhibit C Page 2 CYTY of MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF IrAW AND DECISION & ORDER c ~zv , ire ~ '~ ~~ CC~~rx~z~-n ~ ~~ ~~ `~~ ~~r In the Matter of a Preliminary Plat Approval for 18 Commercial lots for Gateway Marketplace Subdivision by Landmark Development Groap, LLC. Case No(s). PP-06-002 For the Clty Council Hearing Date of: July 18, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) 3. Application and Property Facts (sec attached Staff Report for the hearing date of July18, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July I8, 2006vncorporated by reference) B. Conclusions of'Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Aet of 1975," codified at Chapter 65, Title 67, Idaho Codc (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and ail 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. 02-3$2 and Maps. 3, The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(Sj. PP-O(-1102- PAGE 1 of 4 ~a ,; ;~ ,~ 2 IY t if ~. Z i i i 'i I ~~ i 1 , • • By action of the City Council at its regular meeting held on the l~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~6~~ COUNCIL. MEMBER JOE BORTON VOTED /~~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED-~6~'"~~ COUNCIL MEMBER KEITH BIRD VOTED__~~~ MAYOR TA,NIlVIY de WEERD VOTED "~~ (TIE BREAKER) .~`~ ~ ''% Attest: ~~ rF = ~``- o S~:~IL illiam G. Berg, Jr., City erk %, ~~ 1`~ „~ .ss,7,(~ r tai • ~•~ ~• (y~~ ~ ~, r '~Ml'~ • ~, •. Copy served u on A licant, The Plannin ~~I)' ~it,,~Public Works D artment and Ci P PP g ~~ eP h' Attorney. By: Dated: "-! - 2U ~L, City Clerk CITY OF MERIAIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-Q6.002- PAGE 4 of 4 ,~~ L 1 1 `~ !'~ ( r. . '~ 1~ h i ~ } f ~ t i . _ ~ rt ~ Y . ~ k_ ~ p E _ t ~ ~ ~ a 4. R ,~, ~; ~ ~ ~ ~ i~ ~ ~ ~ ~ ~.9 _~~ ` ~ S ~ j it ~ ~ L~ 1 ` ~~, ~ ~ r ~ ~, ~ ' ~t y~ ~~ ~ . . F f; '~ 3 j E ~ ~ ~ ~ E f ~ e~} ~ ~ a4 1. r K ' ` ~ ~ i # , ~ ' 3 ~ ~ . ~. f ! Y T •_ ~ 1 ~ ~ ~ ' ilk ~ { ` - ~t}y 4 ~~ J ~ t 3' 4 ~ i ~ i ~. 1~ [ ~ ~ j II i - Y ~ Y; , ~'~ ~ ~ ~~ , _ ~ x~ n ~f .~' ~ '`'~ ~~ ~ ~ i. ,f ~ j CITY OF M~ERiDIAN PLANNiNO DEPARTMENT STAFF KtPURT FUtt THt Hl;AKING UA'I'!r UE'' 7/18/2UUb STAFF REPORT TO: FROM: SUBJECT: ~i':~ ~'4 t In..,tc~ ~f `'~~. Staff: Joe Guenther, Associate City Player ~` e~ t' v.. ; Anna Cannin~,LDirector ~ Meridian Planning Department 208-884-5533 Hearing Date: Ap8A6 Revised for July,l $. 2006 hearine Meridian City Council Planning Commission Gateway Marketplace PP-06-002 -Preliminary plat for 181ots on 22.85 acres for Gateway Marketplace by Landmark Development Group, LLC. 1. SUM11+iARY DESCRIPITON OF APPLICANT'S REQUEST The applicant, Landmark Development Group, LLC, is requesting approval of a Preliminary Plat for 18 commercial lots to construct up to 250,000 square feet of retail and restaurant uses on approximately 22.85 acres within the Gateway Marketplace development at the Southeast corner of Ustick Road and Eagle Road/SH-55 with a Variance to Chapter 3 Article Il of UDC for access to Eagle Road. This is the second application and would be the third commercial project constructed within the ICissler annexation project AZ-03-018 where Sadie Creek Promenade and Bienville Square Subdivisions are also included with the subject annexation. The 22.$5-acre site was approved for annexation with a Development Agreement (DA) in Apri12004 under the name Kissler Annexation (see File No. AZ-03-018). The DA {Instrument No. 104107406) requires that any future use be consistent with the approved plans for the annexation. A concept plan for the overall site was submitted with the preliminary plat application showing building layouts. public access. cross access and drive aisles. 2.5UMMARY RECOMMENDATION History: The Planning Commission heard the item for the first. time on February 16, 2006. Ou February 16, 2006 the Planning Commission detailed their concerns on landscaping, interconneetivity, building 1 ay~ut and Parking lot configuration. The main point of discussion was on the potential future public road which would provide connection from the site to the east and connect with Allys Way and the access points to Eagle Road. The commission made a recommendation to see a redesign citing staffs concerns and included a public road connection to Eagle Road at the southera property boundary. The commission made a second motion to direct staff to work with 1TD and ACRD and forward to the City Council a recommendation to have a signalized intersection with a public street connection at the'/a mile point south of the Eagle/Ustick intersection to facilitate an intersection bypass. On March 16, 2006 the Commission recommended approval of the Gateway Marketplace Preliminary Plat redesigned March 10, 2006. The variance request proposes two new approaches to N. Eagle Road/State Highway 55, one forright- in/right-out access driveway and one planned for a full access point. The Idaho Transportation Department (TTD) has not approved any approach permits on this site and has made comment that this site does not qualify for access by standard district policy. The 1TD access executive committee met on March 22, 2006. At the meeting 1TD determined that the applicant shall comply with the considerations outlined in the letter dated March 24, 2006. The Development Agreement for the 22.85 acres does require a frontage type of road. Staff feels that the future collector road east of the site sufficiently addresses the interronnectivity ofthe site and maybe substituted as a frontage road in cooperation with the adjoining properties (Una Mar and ACHD annexations). The design will provide a public street access to Ustiek Road with the three points of eroas access to the east, and potential future public street south of the site to access the future Allys Way. Gateway Marketplace Subdivision page 1 PP-OG-002 CITY O.F MBRIblAN PLANN(NO DEPARTMENT STAFF REPORT FOR THE HEAK1Nti 1)A'1'l: UY %/1M/2UU6 On April 5, 2006 Meridian City staff and ACRD Right of Way Division staff met to discuss the required public street connection to the future collector road (Allys Way). ACRID would not approve a public road connection to Eagle Road and would only consider a public road connection to '/< mile east of Eagle Road at the south property line. If the City Council denies the approaches, Staff feels the design of the plat would adequately provide intercaanectivity by allowing two points of connection to Ustick Road, three points of connection the future collector mad west of the site, and cross access to the south where the future signalized intersection with River Valley Drive will connect to Eagle Road. Staff is recommending approval of the subject application (PP-06-002) with the conditions contained in Exlu~bt C of this report. Staff is also recommending denial of the access variance (VAR-06-002) as outlined in the Variance staff report also to be heard on April 18, 2006. The Meridian Planning and Zoning Commission hcard the item oa March 16, 2006. At the March 16, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Tamara Thompson (applicant's representative) ii. In opposition: None. iii. Commeuliug: NouC. iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discnssian by Commission: i. Constructing sidewalk along McMillan Road and Meridian Road with the fast phase ofthe development. c. Key Commission Changes to Staff Recommendation: i. Including a full access to Eagle Road at'/ mile south of I7stick Road. ii. Supporting a public road connection at % mile south of Ustick Road. d. Oatstanding Issue(s) for City Council: 3. PROPOSED MOTIONS Approval After considering all stally applicant and public testimonry, I move to approve File Number PP-06- 002 as presented in the staff report for the hearing date of April 18, 2006, and the preliminary plat labeled PP-1, stamped REVISED March 10, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial ARer considering all staff, applicant and public testimony, I move to dewy File Number PP-06- 002 as presented in the staff report for the hearing date of April 18, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Contlnuancc After considering all sta$ applicant and public testimotri+, I move to continue File Number PP- 06-002 to the hearing date of {insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Locatioa: SE comer of Ustick Road and Eagle Road/SHSS Township 3N, Range 1 E, Section 4 Gateway Marketplace Subdivision PP-06-002 page 2 s_' ~ ~ ~ << ~ : ~~ r . ~ ,3 ;~ ~' ~ ;. ~ ~;` 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TttE HBARING DATE OF 7/18/200ti b. Owner James Kissler 1125 W. Amity Boise Id 83705 c. Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way ' Boise ID 83702 d Representative: Tamara Thompson, Landmark e. Present Zoning: General Retail and Commercial (C-G) (AZ-03-018} f. Present Comprehensive Plan Designation: Mixed Usc-Regional - 2002 Comprehensive Future Land Usc Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's Statement/Justification: The application notes that the mixed use regionak designation provides for the overall site to be developed with a mixture of Rctail/itestaurant /Drive thru and other Commercial and office uses oriented azound automobile traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor. S. PROCESS. FACTS a. The subject applications will in fact constitute preliminary plats as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. b. Newspaper notifications for initial hearing published on: Council -March 27 and April 10, 2006 c. Radius notices for initial ~ mailed to properties within 300 feet on: Council - March 24, 2006 d. Applicant posted notice on site for initial hearing by: Apri17, 2006. e. .Gifu Council conducted the initial hearin_g~ this iteln_on Avri118.2006 and approved theproject. Before the findings were adopted. the applicant requested reconsideration. The reconsideration hearinE was initially scheduled for June 6.2006 and continued to Mule T. 2006. The project was again continueri_to July 18.2006 in ortlCr to inwrjwrattxl ACfID conditions of approval (see Exhibit B for ACM's conditions). ~, Newspaper notifications .for Council reconsideration hearingpublished on: Mav 1 S. 2006 and May 29.2006. g. Radius notices for Council reconsideration hearingsuailed to properties 'thin 300 feet op: May 11.2006 h. Applicant posted notice on site for Council reconsideration hearine bv: May 27.2006. Gateway Markegilace Subdivision PP-06-002 ~ c '~ ~ j ~ i I , ~~~ ~ 1 P~ 3 I ~ r ~f ~i ~ 1 ,~ ~ 9 }~ ;; a~ ~ ~ ~j' ~ ~} ~ ~ I ~ i i ~~ ' ~ '~n ~ I i I~ ~ ' ~, 7 ~~' ~ Y ~_ ~ ~E ~ ~ ~~ ~ ~ ~ ~.- t ~ ,' ~ i f d • • CITY pF MBRIDIAN PLANNiNO DEPARTMENT STAFF RBYOri'1' F'UR THE HEARING DATE OF 7/18/2006 6. LAND USE a. Existing Land Use(s): Bare land, single family residence b. Description of Character of Surrounding Area; Large lot residential, highway-oriented ' services, rapidly urbanizing. c. Adjacent Land Use and Zoning 1. North: )~Lture pad sites within Schmitchger Subdivision, Lowe's site zoned C-G. 2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned C-G, Rl, and RUT 3. South: undeveloped parcels zoned C-G with Redfeather Annexation. 4. East: Una Mas conceptual project and ACRD future right of way, zoned RUT- propasedzone C-G d. History of Previous Actions: In Apri12004, the owners and City entered into a Development Agreement for various High Density Commercial, Multi-family Residential, transitional, and office uses under File AZ-03.0 i 8. Some property was annexed and zoned to General Retail and Commercial (C-G) with a Development Agreement while other portions of the property (nn the west side of Eagle Road) were not included in the annexation leaving out parcels which were addressed with the original conceptual plan. e. Existing Constraints and Opportunities 1. Public Works Location of sewer. Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: Water main connection in Eagle Road is requires. Z. Vegetation: AgriculturaVlrrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Mills Lateral bisects the property 5. Hazards: None identified 6. Size of Property: 22.85 acres 7. Description of Use: Up to 250,000 square fcxt of Retail, Commercial, scud Restaurant uses and associated parking and landscape improvements. f. Subdivision Plat Information- The submitted plat contains 181ots in a C-G proposed zone with commercial uses. Commercial uses are shown to be a mix of restaurant/retail spaces with six approximate 30,000 square foot buildings and 8 approximate 3,000 to 6,000 square foot buildings and 8 approximate 2,000 square foot attached buildings, and one approximate 40,000 square foot office/retail building. g. Landscaping - 1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle Road are designated as "Entryway Corridors" As such, the UDC (Table I 1-2B-3) requires a 35-foot wide street buffer adjacent to both roadways. 'The landscape plan (Sheet Ll.l) proposes a 35-foot wide buffer along both. Ustick and Eagle Roads. If the Gateway Marketplace Subdivision page 4 PP-OS-002 ~- I 4 i ! ~ ~ ~ z.; ~ t. ~ t ~ ' ~ ~ ~ ,' ~ 1 i I ~ ` 9 a , ~ ,.. . ~ ~ ; '. CITY OF M&RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE H`LARlNf3 DATE OF 7!1$/2006 applicant proposes to construct the "Entryway Corridor" buffers in easements they must meet the landscaping standards required in the UDC. 2. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. 4. Other landscaping standards: The landscape buffer along Ustick Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics - N/A i. Conditional Use Information: 1. Non-residential square footage: 250,000 2. Proposed building height: 65 feet 3. Percentage of site devoted to building coverage: 25% 4. Percentage of site devoted to landscaping; Not defined S. Percentage of site devoted to ~pavin~at: Not defined 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: N/A j. Amenities -The applicant iS not required to provide an amenity k. Off-Street Parking (residential uses) - N/A 1. Proposed and Required Residential Standards -N!A m Proposed and Required Non-Residential Parking -One off-street pazking space required for every 5(M square feet of gross floor area. This maybe addressed during detailed CUP rcvicw, CZC review, and/or building design review but the design appears to meet the minimum standards of the UDC parking r~uirements. n. Summary of Proposed Strcets and/or Access (private, public, comumon drive, etc.): ^ The applicant is proposing two new aces points to Eaglc Road/S1355 to serve the Gateway Mazketplace project at approximately 700 feet and 1200 feet south of the UsticklEagle Yntersection. As noted above, ITD must issue a right:in/ri$ht-out permit and a full access permit for this site, and the access is further contingent on t11e Meridian City Council granting a variance to UDC 11-3H. At this time the policy in place would be for frontage roads to serve this site and provide coffiection to the % mile and the collector road systems. ITD has submitted a letter indicating that they will not makc a dccision om approving access to Eagle Road until such a time as the Meridian City Council has formally acted on the Variance request. City staff does not support any access to Eagle Road in this location. In addition, the applicant is proposing two new access points to Ustick Road at the following locations: ^ Driveway # 1- 350 feet east of Eagle (right-in/right-out with center median) ^ Driveway #2 - 700 fcct cast of Eagle (full access) Ustick Road, from l:,eslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intcrscction, has just been widened and improved to five lanes. The intersection was widened to include dual left turn lanes. Gateway Marketplace Subdivision PP-(1f-~2 i ~ - j ° ~ } , ' ~ l ~ i ~ tf ~ I'~!'hl'9PIIII~Iq 11 _ t lt1 ig?i9l it .~~ i~~~d ~;y ~ ~ ~> t ~~~ . ~ ~I~;<; ~~_ page 5 ~ ~ '~ '~ I~~~ ~ ,. t f s z z E` CITY OF MERIDIAN PI,ANNINO DHPARTMEN7 STAFF REPORT FOR THE HEAKINU UA'1'~ UK 7/18/2006 In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle Road/SHSS that may connect to the north boundary and may also comlect to Eagle/toad, if allowed by ITD at a point to be determined by ACfID. ACHb has stated that the applicant shall provide cross access south and east to comet to the future collector roadway east of the site and the connection to the signalized access proposed south of the site at River Valley Drive. This project along with the Una Mas Project east of the site will connect with Ally Street, a proposed public street serving as a collector roadway to the entire area. The design received March 10, 20061ines up at three points to the east as requested The area plan (Una Mas Annexation) shows private, internal driveways connecting to the future public street; such driveways run mostly east/west connecting the Kissler site to Ally Street and ultimately Ustick Road For a detailed report on both TfD's and ACHD's actions and comments, please seethe letterslreports submitted with the application. 7. AGENCY COIVIlVIENTS MEETING On December 28`s 2005, staffheld an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff will included all comments and recommended actions as Conditions of Approval if the Meridian planning Commission requests approval of the design as presented. If the Meridian Planning Commission agrees with the staff analysis that a redraw of the plat will be required of the site then staff will provide comments at such time as a new proposal is ready for Commission review. 8. COMPREHENSIVE PLAN POLICIES ANb GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. la Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged The MLT-R has no upper limit on the square footage ofnon-residential uses and is intended to allow a broad range of uses. Staff fords the following Comprehensive Plan policies to be applicable to this property aad apply to the proposed development {staff analysis in italics below policy): • Require that developmem projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area ojCity 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 mariner: • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands wldl 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 ojthe Ada County Sheri~"s Ofj'ice. Once annexed the lands wlld be serviced by the Meridian Police Department (MPD). • The rnadwayc adjacent to the subject landc are currently owned and maintained by the Ada County Kghway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Gateway Marketptace Subdivision PP-06-002 page 6 ® ~ .__ ... CITY OF MERIp1AN PLANNING DEPARTMENT 5'1'AF'r RrPURT FOR THE HEARING DATE OF 7118!2006 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. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail cslrportunities within the Impact Area. Sta,~finds that the site is designated for MU-R on the Comprehensive Plan Future Lard Use Map, Although strictly commercial uses have not been spec~cally planned for this properly on the Comprehensive Plan Future Land Use Map the DevelopmentAgreementfrom the unn~utiun shows this portion as commercial and consistent with the overall site plan when combined with the proposed Biem~ille Subdivision, acrd Sadie Creek Promenade Subdivision which are all bound by the same development agreement The. bulkproposal of uses would also meet the general classifications for mixed use regional. • Chapter VII, Goal I, Objective D, Action 5: Locate uew conmrlu*+~ty commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Ustick Road is classif ed as an arterial roadway. The applicant is not proposing access from the adjoining commercial areas by way of cross access, sidewalks or shared streets which will provide future connection to residential areas east of the site along Ustick Road. Staff believes that the commercial areas proposed compliment the existing and planned residential areas in the vicinity. • Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation corridors. Sta,~''believes that the proposed larul uses are appropriate along the adjoining transportation corridors (Ustick Road and Eagle Road). Staff supports the proposed uses at this site as they are consistent with the Mixed use regional district and the approved development agreement. • Chapter VTi, Goal N, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The AChID evaluates access points in their analysis; no direct lot access is allowed to any of the arteria!/collector roadways. The proposed access points to the arterial streets generally comply with ACM's standards as detailed in the staff report. Please see the ACl~7 staff report contained in the file. ITD has indicated that they will not act on the proposed access points to Eagle Road until such a time as the Meridian City Council acts on the variance requests. The ldaho YYansportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced atone-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The Eagle Road access shall be eliminated from this project. • Chapter VII, Goal N, Objective D, Action S: Require appropriate landscape and buf>ters along transportation corridor (setback, vegetation, low walls, berms, etc.). Gateway Marketplace Subdivision page 7 PP-06-002 ... .... CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARINQ DATE ON 7118/2UU6 The applicant is proposing to construct appropriate bt~`ers along all of the adjacent arterial streets. By Ordinance, a minimum 3S foot wide landscape buffer to Gateway Corridors. The landscape plan shows the appropriate landscape bu,,~ers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: ^ "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) ^ "Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by m;n;m;xing the number and location of private driveway access connections to this important roadway. The City should t~ogtlize, adopt, and help implement the Eagle Road Access Control Study, prepares by ACID in 1997." (Chapter VI, page 71) ^ "The capacity of arterial.. roadways can be greatly diminished by excessive driveway cormcctions to the roadways. The City should cooperate with ACY~D to muunaize access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) ^ "Develop methods, such as cross-access agreements, frontage roads, to r~uce the Inlmber of existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). "Identify ttansitiortal canes to buffer wmmen;ial and residential uses, to allow uses such as offices and other low intensity uses" (Chapter VII, Goal I, Obj. B, #7, page 102) ^ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal N. Obj. D, #5, page 107) 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists retail storeJrestaurant/drive thru/ office/ financial institute uses as permitted uses in the C-G zoning district. b. Purpose Statement of Zone: 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 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 tiae location of the district in proximity to streets and highways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located inclose proximity tv major highway or arterial streets; to fulfill the need of travel-relat~i services as well as retail sales for the transient and ~t motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. General Off-Street Parking Standards (fiomUDC 11-3C-5): The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be gnye („)1 soave for five hundred (COQ) square feet of arose floor area. d. Structures Subject to Design Standards (11-3A-19135): All structures on property adjacent to an entryway corridor (Ustick/Eagle Roads) are subject to the design standards listed in this section. Gateway Marketplace Subdivision lie 8 PP-06-002 _.... _~ CITY OF MERIDIAN PLANNINU n1apARTMENT STAFF REPORT FOR TtiL~ H'L~ARINC9 DATE OF 7!18/2006 e. Outdoor storage/refuse areas (11.3A-1Z): Outdoor utility meters, HVAC equipment, trash dutnpsters, trash compaction and other service functions shall be incorporated into the overall dt;siga of buildings and landscaping so that the visual and acoustic impacts of these fimetions are fully contained and out of view from adjacent properties and public streets. f. Development along State and Federal Highways (11-3H-4B2): 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. b. Public street connections to the state highway shall only be allowed at: i. the section line road; and ii. the half-mile mark between section line roads. Thesehalf-mile connecting streets shall be collector roads. Section 11.3H-3: The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road. The intent is to provide for future connectivity anal access to all properties fronting the state highway that lie between the applicant's property and the nearest section lure road and/or half-mile collector road. Tire street shall be designed to collect and distribute traffic (emphasis added). io. A1vALYS><s 10a. Analysis of Facts Leading to Staff Recommendation The revisal PP application substantially complies with the Unified Development Code. Below are several special considerations for the P&Z Commission to review at the public healing: Analysis of Facts Leading to Staff Recommendation PP Application (PP-0G-002): The REVISID preliminary plat can be conditioned to comply with the Unified Development Code. based on the policies and goals wiuaincxl in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. Non-Residential Btuldinss: The applicant has requested a maximum of 250,000 square feet of retail/cestaurant/office spaces. Staff does not propose to limit the applicant to their request as this area is designated as commeraal, is surrounded by other commercial uses and is a prime location for intense commercial uses designed in a clustered fashion. Drive Separation: The applicant Has requested several lots to be drive thru retail uses which have a spacing requirement of 300'. Since the site plan is conceptual in nature staff feels that the applicant shall design the site to meet the 300' standard separation for drive thru uses with this Gateway Marketpiace Subdivision PP-~+6-OQ2 page 9 f ~l ~.jt S ~~ {~. ~ { { ~ t iii f gta i ~ ~ ~ ~ ~. ' 1. ~p r} ~ ; f ~~ I ~t s j; ~ i t r I ~ I i 1 .. ~ ; g ~ t ~ ~~~ ~~ k ~} ~ ~~~ j( ~ ~ ? y ~ ti k~: ~- ~ ~~ ~ ~ ~ ~ - ' ~ i' t~ t ~ { ~ ~ i # g ~ } ~~ q~q ~~9€ ~ = 1 r ~=]k ~'~ ~ ~ t ' 16 ~ ' A ~~ ;: E~ , ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TNti H°EARIN(i DATG OF 7/18/2006 application. If a drive-thru use is proposed within 300' of another drive thru then, a conditional use application must be approved. Access to SH 55/.Eagle Road: The applicant has requested an access point to Eagle Road. According to TTD records, the applicant has submitted a request for access permit but is not vested with an access point for this location as the change iu use is the deciding factor as to when an access point be granted. Currently the site has no access to Eagle Road and the use is agriculturaUresidential where the plat will ebaage the use to commercial. anri is snbj ect to the design requirements of UDC 11 3H. UDC requires that all access for Gateway Marketplace Subdivision shall be taken from Ustick Road at points determined by ACFID. iJses: All other lots shall be limited to Office/RetaiURe~taurani/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive thru) not listed as permitted shall be subject to conditional approval. S.1 ewalks: The applicant is proposing to construct internal sidewalks on the major tenant entryways of the internal streets/drive aisles. The design shows the incorporation of the eight-foot walkway which is directed to the main access to tine commercial building. When and if the plat is resubmitted as recommended, the applicant shall provide a consistent pedestrian aces corridors as shown on the revised site plan dated March 10, 2006. Commercial Amcnitics: The applicant is showing additional landscaping/patio/seating outside along lots 1., 17, and 18. Staff supports the elimination of additional parking along Eagle Road and when the detailed approvals are submitted for each building the applicant shall ensure these features are included as amenities in the intersections of the gateway corridors. Landscape Street Buffers• Arterials: UDC 11-2B requires a 35-foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road and Ustick Road are classified as Arterial Roads. On the submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer along Ustick Road and Eagle Road. The applicant should be required to depict the required street buffers on the face of the final plat in an easement or place the required buffets in common lots as per UDC 11-3B. See Exhibit B below. Commercial Strsxts: UDC 11 2B requires a 10-foot wide street buffer along commercial roadways. The submitted plat does not include commercial cross access east and south. Staff feels that a designed commercial cross access street shall be provided and subject to the landscape standards for commercial street buffers. Within the 10-foot street buffer, a detached sidewalk shall be provided. D~ches. Laterals, and Canals: There are several irrigation laterals that bisect this parcel. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdividcxl shall be filed. The applicant is proposing to file all of the irrigation facilities located on site. See Exhibit B below. Pressure Irrigation: The City of Meridian requires that pressurized irrigdtirm systemts bC supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize any existing surface or well water far 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 used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved speeifieatians and in accordance with City Code. See Site Exhibit R hel~w. Gateway Marketplace Subdivision ap-os-ooa page 10 CITY OF MERIDIAN PLANNING DCPARTMENT STAFF REPORT FOR THB HBARING DATE Ur 7/18/2006 : The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-'n. If permanent fencing is not provided, temporary construction fencing to contain debris arust be installed around the perimeter prior to issuance of a building pelnlit. All fencing should be installed in accordance with City Code. See Exhibit B below. Cross-access Internal: There are some commercial lots that do not have frontage on a ptlblic street. Instead the applicant is proposing to provide cross-access easements to the lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a Bross pazking/cross access agreement for all of the lots within the retail and other commercial portions of the subdivision to use the driveways and parking aisles. Access to Eagle road shall be determined by the Meridian City Council and at least the non signalized access point to Ustick Road shall be designed to scrvc as a commercial collector for interconneetivity to the south and vehicular movement in the north/south direction in cooperation with the parcel east of the site. Maintenance of the drive aisles and parking azeas should be provided for in a note on the face of the final plat, AND/OR in a docwnent such as CCRs. Sa Exhibit B below. Cross-access South: 'TIIe applicant shall be required to provide cross access to the parcels south of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall maintain consistent traffic flow for the entire site. Fagle Road Access: The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaces at one-half utilc intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. The access points shown at approximately 850 fat south and 1350 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either ITD or the Meridian Comprehensive Plan. Loa ' ~ SDaee Parkins: UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuselserviee area behind the building. Elevations: The applicant has not submitted building elevations of the proposed structuues. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures on property adjacent to an entryway corridor to comply with the design standards listed in this section. Staff s interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations ([Jstick Road and Ragle Road) must still meet the other standards listed is 11-3A-19 (except for the primary entrance standards). The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a) Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) Gateway Marketplace Subdivision page 11 PP-Oh-tl(12 ~ i CITY OF M£RIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAIZIN(i llA'1'li U!' 7/18!2006 CCr1]1CeS. c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color and Materlals: Exterior building walls shall demonstrate the appearance of high- qualitymaterials of stone, brick, wood or other native materials. Smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. Refuse/Service Area Sclreen: Neither the Site Plan or Landscape Plan call-out how or if the refilse/service area on the east side of the buildings will be screened. UDC 11-3A-12 requires the visual and acoustic impacts of these functions are frilly contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. Cross Access: The property to the south is dependent on access for interconnectivity and is directly-tied with the existing Development Agreement for providing a frontage road to Ustick Road. The applicant has provided a design not showing any points of access within the immediate vicinity. These points of access are paramount on the success of the general area and staff feels a minimum of three points of cross access shall be provided to the east and one point of accecc to the south, which shall all he designed to private street atandarclc for pedestrian and vehicular traffic circulation. Strip Development: The purpose statement of the General Commercial District specifically reads, "shall not constitute strip commercial development and encourage clustering of comtacrcial dcvclopmcnt." The comprchcnsivc plea politics further reads, "Use the comprehensive plan, subdivision regulations, and zoning to discourage strip development, and encourage clustered, landscaped business or residential development on entryway corridors: ' The applicant has revised the plans to address this concern. Changes to the original design include moving access points away from Usticlc to allow for better staclciug, this also eliluinated the small lots along the ustick frontage and replaced them with more retaiJ/restaurantusvs, on larger pad style uses. These pad uses also incorporated additional landscapeing screening and redirection of traffic/pedestrian movement along Ustick. The applicant also removed one large box user pad and moved it to a pad in a central location, shown on the redesign as lot 11. The applicant has revised the landscape plan and has included six landscape strips with internal sidewalks to break the parking lot into smaller sections. Staff would find that the redesign of the project would not constitute strip development as shown on the design revisal March 10.2006. 4b. StafF Recommendation: Based on the above analysis, staff finds the revised Preliminary Plat applications conforms to the adopted DA, Comprehensive Plan policies and UDC standards. As noted under staff analysis we recommend the building elevations be submitted in compliance with the entryway corridor standards, the accecc point to Fagle Road he eliminated and redesigned. Staff recommends approval of the application subject to the conditions of approval shown in Exhibit B. l.l. E~~ITS A. Drawings 1. Preliminary Plat fby The Land Group, Revised March 10, 200 Gateway Marketplace Subdivision rr-o6-o02 page 12 • • GCI'Y UN MRKIUlAN PLANNING DEPARTMENT STAFF REPORT FOR THE H£AR1NC OATS OF 7/)8/2006 2. Landscape Plan (by The ),and Group, dated March ?, 200 B. Legal Description C. Conditions of Approval 1. Planning Department 2. Public Works 3: Fire Department 4. Police Department 5. Pazks Department 6. Sanitary Services 7. ACfID ~iJudated) . D. Required Findings from UDC 1. Preliminary Plat Gateway Marketplace Subdivision PP-06.002 page 13 ~ 1 ~ y[ 77 1 f ~ ; f . o~ Y ~ 'e ~ i _! ~ ~ ! . ~ : ~ ~ y~ f ' k~s.i i t ,i t ~..J~j1 j ~~ " ~ ~ t S t ' ~ i ~ ~ ~ y e ~ ! ~`~ i ~ , ~~ . t i ~ ~ Vi i' P ~ ~~ ~ ~ '~ ~ ; ~ e ~ ~ ` { ~ ~ ~ , ~ ~ : ,, ~ ~ ~ ~ ~ t ~ I X ~ Yj ,~ 1~ ~f b d , G ~- y, y(y( I ,{ '.~ ~ 4 17 .~ ff .~ ~ r ~ ~ ~ ~ i ~ ~ ~~ ~~ : ~ is ~ ~ ~ .~ ~ ~i ~ i ~ E ' ~~ ~f ~ ~ ' I t~ ! ~ e ~ I ~ # ; ~- h i ! _ q ~ 6 ~ i f d dy ~ t t ~., t ~ ~. ~ ~..~_ ~ il~ ,~ _ ~ i ~ . a ~ : o , ~ , ~ ~. ~, ~ ~ i~ ~ _ f ~ CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR TttE Hl;ARIN(i DATE OF 7/18/2006 Eachibit Al: Preliminary Plat PP 1(The Land Group) Revised March 14, 2006 w~w~rr e ~1111~t ~#$~1~0101 tY~~~~~ ., ~ ~~~•• i?77a ai57 ' ~~ r n ~~~~~ ~~~ > / E t 1 1 ~ e ~ ~ ~'` ~ ~° ~ ~ ~ oQ ~. a ~~ m8® 9 Gateway Marketplace Subdivision Exhibit A Page 1 ~,~ ~ ~~. '' 0 C1~ ~~ •~r - • • as •~ i ~~~t ~~ O $I 1111111 ~ ~3 °~ 1'w+p ~;~'i~~~ ' i~ ~ ~ ~o 1 I 1 I ~`1~~~'i ~ ~!~~~60 ~~~~ • ~ .. g! ,I~~~6a 8 ,~ ,r. 1~~ ~ tiATEWAY MARKE1PlACE SU8DN1910N PreliminerY Pas! . ~ 6 ~ ~ t ~ I ~ ~~ ~ h~£ ~ ~` ~ .~ t ' ~ { yeft~ ~ ~ I ~ } t~` t~ ~f ' ~, ~ ~ N' ~~ ~ ~ ` ~ ~ + ~ q ~ ~ /, + + `` I j ~ L~ ~ { ~ fk[ t ~ 4 j [[ t I I: f ~ ~ ~ i-1 ~~ ~ e r' i ~ ~, ~ J ; Its ~'` ~ ~ ~~~ ` ~ 1 l ~ ~ ~{ j~ y ~ ( ~ ' ~ ~ E ' 1 ' f ~ ~ ~ a; yp~ . 11 ~ 1. 3 p. 8 4' ~ ~ . ~~ ~ ~ 444 i. ~ ( ££ .i j~. 1 ~ ~~ 4 Q ~ 1 ~ 4 ~ ii ~I1 t ( ~ f.' ~ l ~ f ~, ~ ~ ~ ~ ~~= 1' r f; 3 ' f f ~ . ~ gg 3 ~ ~ ~ i `~,~ ~~ it ~ ~ i, '~ ? ~f. ~~ _ ° t ~i,fi Qp j ~f ` , ~' ~ F ~ _,~~ ~ ~ ~ i t ~ ~ .. a { { y , • .~ C1TY OF MERIDIAN PLANNINCI DEPARTMENT STAFF REPORT t'OK TH>: HEARING DATE OF 7/l8/2006 Exhibit A2: Landscape Plan Ll.l(The Land Groap) Dated March 7, 2006 Gateway Marketplace Subdivision Exhibit A Page 2 `~'~l ~ ~ ~F€il 1 ,a4~ i1 ; ~I k ~;~` ~{{I I ~ ~! ~` ~ °~ ~~ ti~ t , (~ ~ ; ~ i3jp ~. ~} . ~~ ~ ~ ~i~ SI. 44!! ~~ ~~ 3 ,~i 1 3 ,(4~x ijs ~ ~ } ~ a t 'I , ~ ~ ~ ##~ i ~ ~ h i o f I ~ ~ S t ! ~ }j ~ I ~ I j • CITY OF MBRI•DIAN PLANNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF 7/18/2006 Exhlblt B: Legal Descrlpflon claibc~rn ~ wn~te car~sultir~c~L,~~~c. englneera & surveyors 120 N. Curtis Rd. $oise, Tdalto 83706 (2a) 374-sees Pax(208)429-9862 I~.x. z2~9 Occol~er 20, 2oas PARCEL "A" USTICK PROPERTY REMAUWER PARCEL DESCRIiPT[ON A paroel of land lying in the Northwest U4 of Sacaoa 4, T.3N., R1B., H.M, Ada County. Idaho, and being more partit;ularly described as follows: Commencing 8< the Northwest tx-trt~ of said Section 4. thetas S 84 a9'O8" E abng the North bottndttty of said Setxiam 4 and the oelttertine of 1)~iick Road Got a diatence of 97.62' feet; t6anc~ leaving mid Nortb boundary ark Mine S 01 SO'S2" W for a distance of77.96 tip to a point on the Sozttlt tight•of--way line of Uaddc Road„ being the BEAT. POIIVT OF BEGD~Ii~iD~iG; thence along said South tighuof--way Gne for the folloamtg 13 courseq; N 44 02' l4" $ for a distance of47.06 feet; tht~o S 89- 49'08" 8 for a distance of 262.81 feet; thence 3 4Z S 1'21" E for a distance of 41.18 titer thaaae N 8T 17° 10" S for a dlssaaaae of 29.03 feat; theaee N 4Z 43'33" 8 for a distance of 40.57 feet; thence N 89' t 3'34•' E for a distance of 179.28 feet (formerly described as 179.20 feet}; ilr.iKe ~ C:i 7.'i ~.+.~i ~ ~, l'ul r G.31Lbw td 1 ~.h lurt, thence S 89 49'08" E for a distance of 10.00 feet; ihrncr k tpi ~'~ :. t: lu. t: disc.: :.u ~t 1~.4 i feet. C:~PmJeCts111ctldcLY.A (2279)iDoalaiaitslParoat A.dea 1- t.rateway Marketplace Subdivision Exhibit $ Page 1 1 )(i$$ a {{ {{~ t}{Y I ~~ y . ,~ { I1 j I E i 1 1~ 3 ~ ~: ~ ,., ~~;i -t i ~ iA ~~ °r f ~ S I r ~~~ ~ , 4; ~ {; ~ ' } B ~ `~ C ( f f R Y ~ 1 ~, ~ ~ 11 ~ t F~ 1 ~~ it ; i ~ f ' ~ ~ + Q: 111 ~ ~ M1 P ~ ~ .4 ~ i ~ } € P~ ~ ~ ~ i, ~ ~ , ~ riJ f ~ 9b F~ ~ ~ -t ~ E~ ~~ ;, s, ,T ~ h ~ ~t .i ~ ~~ ; ; ' ' ! ~' I ~ 1 ~ ~ ~~~ I y , ~ , ~ i F ~ t .i tt I.~ } ~; gip. i~}~)~ ; ~ ~' [ i '~ t . ' 4 1~ E f ~ ~ ~ ' ` r T i .~ .:, ~j ~ Y ~ H ~. i ~{ ' l 1, . j _ C ji ~ ~ ~,~ E Y Y } }~ ~ t ' i i t t 4 ! ,t ~ ~ } ~ . a ~ t~ ~ ; ~ v ~ ~ ~; x ~~ , .3 ~ n L~ ~J CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR Tli•E HEAtt[NG1 DATE OF 71!8/2006 rioiborn ~ uutaite ~onsuiting. IIc engineers R surveyors 120 N. L~rei.9 Rd. Boise, Idaho 83706 (2Q8)376.8153 fax ~2os~ x29.9862 PN. 2219 o~t~~ zo, coos PARCEL ~8" USTICK PROPERTY 5.51 ACRE SPLiT a psrcol of lead lying in the Northwest l/4 of Secxian a, T.3N., RIE., 1~.M, Ada Cowtty, Idaho, and being more particularly described as follows: Conuaeacing at the Northwest career of said Section 4, thence 589 49'08" E along the North bouadaty of said Section 4 and the o~ttorliYte of Uaticlt Read for a distance of 97.62' fe+ot; thence leaving safd North bey sad ceWerline S Or SO'S2" W for a dietetics of 77.9b feet w a point on tl~ 1~ right of-way line of Bagle Road; thence along ceid P.esat tight-of-way line s or 50'52" W for a distarres of 103$.43 feet to the SEAL iPOitNT OF BE~GD~TNIIITG; thence continuing along said Bast right.of-way line S Ol' SO'S2" W for a distance of 154.90 feet; thence S Otl 36' l3" W along said East tight-of-way lice fcr a distaa~ of 114.19 Poet; thence leaving said F,est rfght-of-way line S 89 S 1'00" E for a distaste of 700.02 fes~ tbatoe N Q0~ 36' 1'3" fi for a distance of 93.77 feat to the South bamdary of Q~ovrrrnaeo>,t Lot 4 of said 3ectton 4; thetrce S 89 S t'00" E along said South boundary for a distaste of 61.35 feet; t11/~RN!• iPpvl.t.. POitI C:1L1~~ ~':l:': Sf~.'7;. w~ eft ~q.,~.. 1• ~. ~.' a ~t:.aii:w.. v. ~. i.: ~ fC.:t,. thence N 8g S 1'00" W for a distance of 363.00 feet; tt ~: nC: ttfl .r'•'(K1' 1t' :~~:• ~ Jialau,•c .,f G: U!, ICM. C:tProjectalUstit2;Id.A (2279)1AocumentslParoel B.doc• t - Gateway Marketplace Subdivision Exhibit B Pege 3 f i ~F ~ ~ !~ ~ ~~~ ? ~ ~ :~' ~ ~ ~~° ~~ :i ~ ~ IIII{ E ~ ~~1 ri ! ~i'~NII~~IH Af~tili °'d ' ! ~i f ~ ~ ~ S ", t $ ~•, ~ 1 t tt~ j Y T a ' 4 r ~ i ~i ~ ' o. ~ CITY OF MER1DiAN PLANNINC3 DEPARTMENT 5?AFF REYUK'1' tUR 1'HE HEARING DATfi OF 7/18/2006 thence N 89- 51'40" W for ~ distance of I7 7.UU feot; thence S QO 09'00" W far a distancQ of 34.50 feet; thence N 8Q 51'00" W for a distance of 218.b7 feet to the REAL. P®1NT OF BEGINNING; cal;ttaining 5.51 acres of land, wore or less. Prepared by: Todd R Waite P.L.S. C:1ProjectslUstidcLl.,A (2279)1DocumeNSlParc~lA.r~ 2 - i f s 3 - ~ ~ ~ ~~~ ~ ~ , ~ f ~ ~ ~ ~ ~ ~ ~~ ' ~ a {{ i ~ c f ~4~ ~ ~ ~ ~} ~ ~ r N t I c ~ ~ S X.. ~ f ~ _ ~ ~ _ d ~ F ii Y: ~~ { ; t t 1 ;) ,~. ~ ~ ~ ~ 111 ~ s{'~~ ~ ~ 1 ; f 1 ~~ ~ .i '4 ~ i ~ : ~ ~ ~ ~ ~ 3 ~ "~ ~, ~ ~ { ~ i i ' a ~ ~ . ~t i ` 4 ~, ~ ~ ~ l ~ ,t ;~ ,; ~., ~ s 3~~ r ~ ~~3 f E ~ ~~ ' ~ ~~~ ~ ~~ ~ i r .~ 3 f ! ~ ~ ~ g ' 1 - ~t y ~ z . ~ ~ ~ ~ t ; ~ ~ ~ F ~; ~ ~ ~ ~ ~ Y ; ~ - ~ ' ' i ' - # , ~ ; r 3 I ~ ~ , ~ ,y, ~„ ~ ~ ~ € 77 ~ ! ~7 I ~ ~ ~ ~ i ~ ~ ~ f ~ 1~ ~ ~' ~~ ~ ~~~ tea. 4 CITY OF MERIDIAN PLANNING DEPARTMENT 5'!'At!' REPORT FOR THE HEARING DATE OF 7/18/2006 C. Condldona of Approval 1. Planning Department SITE SPECIFIC REQUTItEMENTS-- (Gateway Marketplace) 1.1.1 The preliminary plat labeled as PP-1 prepared by The Land Group, Revised March 10, 2006, shall is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-03-018) Development Agreement shall also be considered conditions of the Preliminary Plat. 1.1.2 UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application for this project shall clearly demonstrate that adequate parking is available on site, luuxltxl near the reRtseJservice area designed at the building. 1.1.3 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick Road artd Eagle Road. 1.1..4 The applicant shall consider the landscape plan approved as submitted with the following Individual lot landscaping considerations, the final plans shall significantly conform to the submitted plan which shows: • Pad spaces with landscaping, patio, and cooperative outdoor user space. Lots 1, 3, 4, S, 17, and l8 • Perimeter landscaping- 20' along the eastern perimeter • Roadway landscaping- 20' with an internal sidewalk along the southern perimeter and a minimum of %: of a 42' road section. • Internal sidewalks/landscapingp1anters-these planters shall leave a minimum of one tree per 35' and an 8' wide sidewalk 1.1.5 No direct lot access to Ustick Road or Eagle Road will be allowed. The existing driveways to Eagle Road may be for construction purposes if approved by ITD. At such time, access to Eagle Road shall be prohibitcxi unless specifically granted through variance. 1.1.6 That prior to signature of the city engineer cross access to parcels east and south of the site be granted. 1.1.7 The applicant shall provide commercial cross access drives to the properties east of the site as shown on the revistxi plans. These access roadways shall be designed according to private street standards as listed in UDC 11-3F, with a minimum of 24' travel way, no parking or backing on to the service drive, a one side five foot detached sidewalk with a S' landscape buffer. The commercial cross access drive is to provide connection from the future Public Roadway (Ally Street) east of the site, through the Una Mas Annexation site, and provide the most direct vehicular traffic flow to a public road system. 1.1.8 The applicant shall work with ACFID to determine if a public frontage road shall be provided at the southern boundary of the site. One half of a 42' public roadway design for a frontage/backage road shall be reserved at this site until such a time as ACID staff provides a written statement refusing the reserved area. 1.1.9 Maintenance of all common areas shall be the responsibility of the Gateway Marketplace Subdivision Business' Owners Association(s) 1.1.10 The applicant shall submit from the County Surveyors Office the appropriate documentation showing that usage of Gateway Marketplace as an approved subdivision name. Gateway Marketplace Su>~ivision ExWbit C Page 1 ~~ 3 i ] ;i ~ ~~ ~ ~~ t r ~ _ ~ I ~~ ~ ~ ~ =~s #~ Y , ~ ~ '.~ t , I ~ ? ~~c i a ~ a ~ " ~ ~ .t i~ ~ ~ t i i ~ s~~ ~ ~ ~ ~ i~ ~ ~ i d ~ ~a, t ~ ~ ., ~ ` ~ i ~ ; t i}ie t f7 f ) ~~ B ~ F k ~ ~ y i ~~ , ~' ( f ~ ! I F ~ I ~ . j f ~ i ~ ~ 999 t i , s (~ _ . ._-. c[TY OF MERIDIAN PLANNINQ DEPARTMENT 5'I'Ar'r REPORT FOR THE HEARING DATE OF 9/18/2006 1.1.11 Any roof-mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.12 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A 11. 1.1.13 All structures within Gateway Marketplace Subdivision shall submit a design review application at the time of Certificate of Zoning Compliance application. 1.1.14 Comply with UDC 11-3A-12 regarding a screen for the refuselservice azea. 1.1..15 No irrigation pump station or facility ie shown on the Site Plan. HoNrever, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. 1..1.16 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.17 Provide internal cross access/cross parking agreement(s) for all lots in Gateway Marketplace Subdivision. All cross access drive aisles shall only approach the ACID approved points of access to the public street system. Maintenance of the aisle and pazldng areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. 1.1.18 Other than the points of access approved by ACRD, direct lot access to Ustick Road and Eagle Road is prohibited. A note shall be placed on the final plat restricting access to Eagle Road and Ustick Road. 1.1.19 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Huu~ing Act. 1..1.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the F.nvirontneutal Protecliuu Agency. 1.1.21 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfIll, wherC footing would sit atop fill material. 1.1.22 Allvs Wav shall serve as fronta!'e roadl, with s»plicant commltHns: to aav one half of construction costs. GENERAL REQUDZEMENTS-PRELIMINARY PLAT 1..1.1 Sidewallks shall be installed within the subdivision anti tm the perimeter of the subdivision pursuant to City Code. 1.1.2 All areas approved as open space shall be free of wet ponds ur other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 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 11-3A- 18. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, [he landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standazds of UDC 11-3A-18, 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 ACHI7, City of Meridian and all other regulatory requirements at the time of final construction. Gateway Marketplace Subdivision Exhibit C Page 2 CITY OF MERtDiwN rLANNINO DErARTMENT STAFF Ri;hORT FOR THti HEARING DATE OF 7/18/2006 1.1.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. if permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.4 Any tree over 4" in caliper that is removed tiom 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 tre®s for those trees that have to be mitigated. 1.1.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intcrsccting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate irri$ation/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 not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.6 Staff s failure to cite specific ordinance provisions or terms of the approved PrCluni~aary Plat does not relieve the applicant of responsibility for compliance. 1.1.7 Preliminary plat approval shall be subject to the expiration provisions set rurth in UDC 11-6A. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Ustick Road. The applicant shall install all mains necessary to providC service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard foams 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 Specific;atiuns. 2.2 Water service to this site is being proposed via extension of mains in Ustick Road. The applicant stall be reapuns~ible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 DuC lu the wmmercial uses on this project, a connection to the water main in Eagle Road shall be required to guarantee adequate fire flow. Coordinate main size and routing with the Public Works Department. 2.4 The applicant shall provide a 2fl-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 (supplied by Public Works), a legal description, wllhiich must include the area of the easement (marked EXI318IT A) and an 81/2" x 11"map with bearings and distances (marked F.XHIL~IT 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 applicant has indicated the pressure irrigation system in this development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final dn3ft"being required Gateway Marketplace Subdivision Exhibit C Page 3 • . -.. ~ - CITY OF MERIDIAN l'LANNiNt] DEPARTMENT STAFF REPORT FOR THE Ytl;AR1N0 DATE OF 7!18/2006 prior to final plat signature on the last phase of thus project. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source of water (UDC 11-3A-6). 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, asingle--point comlection 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 prior to signature nn the final plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.8 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.9 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-G. Plans shall be approved by the appropriate irrigationldrainage district, or lateral users association (ditch owners), with written approval ornon-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 signahrre. 2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for 51ing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 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-, prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining eertific~tes of ocxugancy. 2.14 Applicant shall be required to pay Public Works development plan review, and constnrction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Compaction test results shall be submitted to the Meridian Building Deparrmtetrt for all building Gateway Marketplace Subdivision Exhibit C Page 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1'tlr HEARING DATE OF 9/18/2006 pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a miai~mum of 3-feet above the highest established peak groundwater elevation. 3. Meridlan Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/x" outlet face the anain street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifica#ions. d. Fire hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existiuag buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall he marked in accordance with Appendix D Section D103.6 Signs. 3.5 Operational fire hydrants temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require afire-flow consistent with the International Fire Cade to service the proposed project. Fire hydrants shall be plac~xi per Appendix D. 3.7 The 23 oiFice%omtnercial lots lot will have an unknown transient population and will have an unknown impact nn Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Getup our requests for service are projected to reach 2800 in the year 2005 and 3800 bythe year 2UlU. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 Provide a Knox box entry system for the complex prior to occupancy. 3.10 The applicant shall work with Planning Department staff to provide an address iderltiScation plan and a sign which meets the requirements of the City of Meridian sign ordinencc at the required intersection{s). 3.11 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the strect which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concrnn prior to the public hearing. Gateway Marluvplace Subdivision Exhibit G Page 5 P ~ i ~~ ~` j ; j ib ; r ' + ~ > > ~~ i ~ iE ! ~ a. ;~~ ;, ~: ~ t 77pg~ ; i~' ~ tt ; i I ~ . Y `1. ~' ~ '1 fir: ,, ~,~ ~ ~ i ~ ~f ~ j . r ~ ~ t ~- r k { 'l cj~ I I F ,~ k ~~ ` I r Y 1 ; f~f ~~ 1 ~ v . r ~ . ~ ~3t ~~ ~~ ~ ~~ 1 ~ d f ~ ~~ "k ~~ f ~ ~.€ ~ ~ a 3 > ~ ~ ~ IK .7 t ft I !:. i;. ~; R ~ ?I ~~ :f~ -~ + i ~~ ~ { i ~ ~ ~ ~ 1 ~ ` ~ ~ I ~ 7 2 I - yE ~ ~~ ~ $ k ~ '~~ ~ ~ ~ ~ ~ ~ ~ A': l ~ .jy i~ ~ rid 4~, : ~ ~~` ~ ~ g° ~ ~ ~_ i '~ ' i ~ .. ._ . C[TY OF MERIDIAN PLANNINti DEPARTMENT STAFF REPORT FOR'1'Hl: HEARING DATE OF 7/1$/2006 3.12 All aspects of the building systems (including exiting systems), processes & storage plactices shall be required to comply with the International Fire Code. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 Where a portion of the facility or building hereafter conshucted or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access mad, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and maius shall be provided where required by the code official. For buildings equipped throughout with an approved automiatic sprinker system itrstallcd in accordance with Section 903.3.1.1 ur 903.3.1.2 the distance requirement shall be 600 feet (183). i. For Group R 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). ii. For buildings equipped throughout with au apprvvcxi aulomraCic sprinkler system installed in accordance with Suction 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.15 There shall be a fire hydrant within 100' of all Fire Department cxmnections. 3.16 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section DI05. 3.17 Side yard fences shall not be allowed. 3.18 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m') shall be provided with two separate and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler . systems. (Remoteness Kegtlired) 4. Police Department 4.1 The police departmect supports the requirement for a frontage road as the length and bulk of the proposed buildings impedes serviceability to all sides of the project. 5. Parks Department S.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance 11-3B will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established is the City ofMerldian Landscape Ordinance 5.3 Tr+ex; Grate and Tree Box standard: The proposed tree pate shall be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. 6. Sanitary Service Company Gateway Marketplace Subdivision Exhibit C Page B f _ - ~~ ~ 4 ~ ?~,. , ,~ ~ ~ir ` `aF tr } i ~ I ~:~;~ ::~Ili~l ~~ i P' '' ~ ~ ~a ~~ ; ~ ~ ~~ ~ ~ ~ i ` % 1 i ~ ' i ~~ i. • _. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING llA'1'E OF 7/18/2006 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped {approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval Note: arevious conditions were deleted. and reulaced.) 7.1. Copstruct a S-foot wide detached. concrete sidewalk on Ustick Road. Provide a sidewallc easement for sidewalk located outside of the ri t-of-way. 7.2. Utilize a rig t-in/ri tout eway on U '~ Road locates a»proximately 350-feet east of SH- S~Construct a raise~_median in the center of the roadway to restrict the access. 7.3. ~Ttilaze a full access driveway on Ustick Road located approximately 700-feet east of SH-55. 7.4. Construct the westerly half of Allvs Way from Ustjck to a point approximately 1.355-feet south of Ustac~, The westerly half of the roadway shall include verb curb. utter. 5-foot detached concrete aidcwalk. and a minimum 24-feet of Pavement. 7.5. Enter into a Develogrgent Asreement with the District to provide for the design and_cprtstnletion of Allys Wav to a full 46-foot .street section. with curb, gutter and. sidewalk on both sides from ~jstiek Road. south approximately 1.355-feet. The District~hould be responsible for the cost of curb. softer and sidew~l~,in the east side of A vs Way and 18-feet of pavement to complete the road section.. The Development greement should be executed prior to approval of the final plat. 7.6. ~,g{ply with all Standard Conditions oi;,Approval. Standard Conditions of Approval 7.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2 Private sewer or water systems are prohibited from being located within any AC>:lD roadway or right-of--way. 7.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the conshuction of the proposed development. Contact Construction Servicxs at 387-6280 (with file number) for details. 7.5 Comply with the District's Tree Planter Width Interim Policy. 7.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual; ISPWC Standards and approved supplements, Construction Services procedures and all applicable AC>'•1D Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Gateway Marketplace Subdivision Exhibit C Page 7 ~~ ~ ~ r ,~~ ' '.I~ 1 i ' { ' f ~ i ~ .~ X{, ~. i. ~' ~ i ~ i ~ ~ t 3 , F b ~ ~ RRR ~ % ~ :s ` v k t i r t F i~ ~ ~ ,1 ~ 1~ ~ _~ i I ' 1 k t i - r~ . 11. ~~, k ~ , ' ~ r t , Q 1 1 ~~ ~ ~ I , ~ ~ ti ~, ~ ` ~ ~ ' ~ .~~ i ,~ i~ f ; ; ~ „fit, '~ ; ~ 1 i ~ i<~,, ~. ~ ,~4 • i a ~ , l ~Jk 1'' ~, ~~ k i t~ 1r i, k ~ ~ 1 ~ . ~ eq 1 f ' I ~ C ` ~i'a ~: ~ 3 ~ is ~ . ~ f £ ~ ~, ~ tt ~~ I ~ i' st ~ f ~ t ~ ~ ,4 ~ ~ f jb ~ p p v ~ ~ } ~ ~. ~ ! { ;° J z k ~ ' ~ ~+ ~ g 1 r ~ 3 J J i f , I ! CITY OI' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THL tttiARING DATE Op 7/18/2006 ?.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.9 Construction, uce and property developmetrt shall be is conformaace with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be requires to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRDright-of way. The applicant shall contact ACHI? Traffic Operations 38?-6190 in the event aay ACRD conduits (spare or filled) arc wmpromised during any phase of construction. 7.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Gateway Marketplace Subdivision Exhibit C Page 8 3 3' -.,a ~ ~ ~ ~ ~3, ~ . ~` ~a' ~.i:i: ~ :f. 1.. ~, ~ 1 ~. g i { " ~ _ ! Y ~: ~e~. - ~~ ~'j 1 t }.' ' ~'~ , s,Q. .: X' ! 1' }} .1; i. .r- r 1, :fj; x:. -. fit: ; i Y y~! .~`~' :xgef J i ~ ; .L .1 i ' ~ ~ ~ P i ~ ~" ~ . , ~. 5. t: ~ '~ ~ t 2 i .x f . _ ~ .~ ,~, aV ~ ~ F~ ~' . ~ , ; ., .r .:' .: ~ ' 1 F•.' ~ • [ y ` . lay;.; ~y ! .:.- 4{ ,a ~:. s . . • -.. ; : := , ~ t ~ '~ ~ .i a. ~.: € x ~ ~ P' ' J , A ! - ~:4 'IY~ ' y. § i - ' f - ~ F i .'r.~.' ' i ' . ° i P i4 ~.j: e i :~:: ;f~ . ~ ~.. . 'l ` ~ i: . " ,} ~ S : k `•3 .. a + .:~ '~ f' 9f ~: s '5:: !t` ~.; ' -~ .., ` - ~ ;? s G "a. .Y. 4 ~. r- ~ is .. ' '... , r '..'. - F ' W . 1 r~y. " f i . ~. i. ' t. t • • CITY OF MERiD1AN PLAN•NINO DEPARTMENT STAFF REP(1R'1' FUR THE HEARING DATE OF 7/18/2006 Exhibit D. Required Findings from ><Tnilied Development Code Preliminary Plat Findings (LTDC 11-6B-6)t Itt determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this Title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as azeas including commercial and residential development consistent with auto and service oriented uses. The Council finds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use- Regional". The purpose of the C-G district is "to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public." The Council finds that the proposed zoning is in gareral conformance with the comprehensive plan {please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The availability of public services to accommodate the proposed development; The site is intended for comr~rcial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as government offices. The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent sanitary sewer service to this development is to be provided by the extension of sewer in Ustick Road and extended south through the site to he lnnned with extensions in Eagle Road. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The applicant and/or firttue property owners will be required to pay pazk and highway impact fees. ACl•ID has submitted a staff report with site specific and standard conditions which will is attached as Exhibit C. On D~ember 28, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received fiom agencies/departments, staff finds that except for sanitary sewer, the public cervices listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this prof ect. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. C. The conthanity of the proposed development with the capital improvement program; Gateway Marketplace Subdivision Exhibit F Page 1 ~ ~ CITY OF MERIDIAN PLAN:NLN(i bGPARTMBNT STAFF REPORT FOR THE HEARING DA'L' UN 7/18/2006 Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will nut require the expenditure of capital improvement funds, D. The pabHc fmanclal capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or environmental problems that mtay be brought to the Commission's attention. The Council is not aware ~f any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACRD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves siginificant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Gateway Marketplace Subdivision Exhibit F Pagc Z ~ f I ~ ~ i i i ~ E ~.~ i ~ ~[. ti.. E , .: i 1 ~ E ~ ' i _ y ~ ~ ~~~ s, ~ ~ ~~ fi a . ~ ~ Y 4 ~ ~~ ~ i I 9 I 1 r ~ i ~ ( ° ii ~! ~ t ~ .. ~ _ ~ i ~ ~ t i.i ~ ~; ~ ~ ~~ i ~ ~ (~ ' i ~. j ' ~~: l ~ ' i i r~ i ,' f R ` S ~ ` +.~ s F;( i. 4 1 ~ ~ f i g a ~' ~ ~ # ~ ~ ' ~ I y ~ ; ~, f ~ r ~ , I e, r ± t t ~~ ~; 4 ~ '~ f~ 1 ~ ~ r ~~ f Y ~ . ~~~ ~. ~ ~ '~ 4~ ~ I i i i ~7e !!! ' ~ ~ ~ ~t'S ~"~ ~ L {S i t July 3, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT ITEM NO. S-C REQUEST License Agreement with Nampa Meridian Irrigation District for Well No. 27 Ten Mile Drain 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: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. i '.j ~ i ~ ' ~'~~ ~ h~ f ~ ~1 ~ I i~ ~r~.~ ~~ iii f ~ e ~ S ] irf~ J ~ t~ ~~.. 4 1 ~y ~~ ~ j t ,~ ~ ~ ~ ; S,~ ~ ~' i~, ~~ ~{ 7 ~ i { F y i ~ ~. u~ ~ r4: 1~ 1 j d I~~.. ~ '~ C i 1i ~ ~ y 3 ~ ~~ ~ ~ ° ~~ t ,f > ~° { t ! V~t { g 1 ~ 5 i f f 7 ~ S~] - 8 ~ ? l~ SC ~ d'~ _ f 1 f' f j ^Ij i {'i i iM ' ~ E~e~~ ~ ... ~~ ~ ~~ Ir;. ! ~~,' t ~ K i F ' ' ~ i F[ ~ i ,1 ~ +9ig { ~ ~ ~ ~ qg~ g[$ ~ ~~ ~( ~ 3 ~. I .~ ? r ~ ~. ~ F4 L I ~ ;~ i ~ f ~ ~ i ,t s +i ; ~, t f ~ ~; ~_~ a i i3"~ '~ e ~~I~ ~~ ~'~ ~ ~ 1 ~ I ~ ~~. ~ P Z 1 ~..~I ~~.. _ f} ~Y F ~ =1. jf ~ T '{1' d- y ~ ~ 1 ,~ Y 1 !~ ~ ~ S ~ ? t 2 (i 3~ n,, ~ I~, € S x COMMENTS See attached Phone: • • ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT 54.00 18 BOISE IDAHO 09/03108 03:44 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED-REQUEST OF Nampa Meridian Irrigation Dist 1~0809~~4~E LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _~ day of , 2008, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district org nized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property/right-of-way for a flush line for Well #27 (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" and/or Well Flush Line Easement attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as TEN MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integr;~l part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to zaiodify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. L. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by %he construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT -Page 2 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, t}~e permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the j urisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. .Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT -Page 3 o ! 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. _ _ , , ~. o~ic-a~ ~P~rl. ATTEST: Its Secretary LICENSE AGREEMENT -Page 4 NAMPA & MERIDIAN IRRIGATLON DISTRICT {~~ si ~ ~ ~ f ~t i ~ 7 ~i: ~ ° ~. ~: S .i ~.; ~ ii ' ~ ss t 1 .. ~ S I t~ ~ ~ f 1 ~~ i t , ~ ~ i t"i! s ~ ~i6 ~ ~ ~ ~ f f i # i. 1 _ ~ ~~ ~ rf~ ~~ ~ _ "c _ - ~ , F ~~ ~ ~ F - ~ 111y ~. - ~ E~~ ~ g r, ;F ~ ~ ~ ~ i {( f ' ~ ~ i' ~ ~ : ~~ ~ ~ $. ~ ~ ~ ~ r ~i ~ ~ }}~ 1 ~ y 1~ ~ ~ ~I ~_ ~ ~ ~ ~ k~i i ~ € `; E f ~' ?' , q !FI ~ ~ ~ ~ ~"t ° t~ a ~ C J r f `~ ~ ! ~ . ~~ !I ~ . ~~ i. PP t y ~ ~ 4 ~ i ` ~l i i , ~_ k @ 1 I jl ~' t i i i 1~, ~ ~ ~ 1 [ ~ ~t;s ; PI ~ ;. g 1 ( ~ S; a yyy I ! ` I{[ j F A3~ i n ~ ~ 16 ' Y 4. . Z ~ c~ 1 } ~ ` ~ i ~~ '. t:. EE ~ fllE 1 ~ 1 ,~ 1 t L ~ ~ t ~' ~ ; i; . .~ i' 1 Y r I Y 1 ~ 11 f 1. '~ E t e • CITSJ OF MERIDIAN ATTEST: ~~`~ .~"'! ~ ''~ •~r ~o ~"",--~- ~~AL ~~ `= STATE OF IDAHO ) ~'%~9~~T t~~ • ~.~\~.~~ County of Canyon ) ss. ''/~~''~~r~~~~~t111,"~~~t~~,```` On this ~ day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared onte Janicek and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged Eo me that such irrigation district executed the same. IN WITNESS~L~T~ have hereunto set my hand and affixed my official seal, the day and year in this certificate fit~~b$~ttw*n'.'s,_ ~ s ~ ~ ~•~ ; * 4 Notary Public for Idaho :~ 1-~~~LZO ~® ~ Residing at ~,G~~, Idaho ~e ova ® ~~ %~'1,`° ~` My Commission Expires: 7 ~.n t '~ STATE OF IDAHO ) ~~~~~ ~ .F OP ~~ ~~ ~~' ~++eararroo°o )ss. County of Ada ) On this day of ~ , 2008, before me, the undersigned, a notary public in and for said state, personally appeared p`m ~dand ~C~.. k{,p(rvve~ known to me to be the _~('~,yctr and C ,respectively, oft e CITY OF MERIDIAN, the political subdivision and municipality that a ecuted the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate fir®®~~i~a~. _ (s,~ ~e® ® ,~.`,~~ ~ Notary Public for e m Residin at e ~ , '~, ,% ~ My Commission Expires: 9~°~ '~{' ®'(3~`. ICS. ~p a ®~® LICENSE AGREEMENT -Page 5 ~ `~ ~ ~ ~ y ~ i4 ~ ~i ;I l i t?~ ~ k. E ~ ti v ~3 q ~ ~ ~r ~{~ ~ a 6 ~ ; e ~ 9 ~ j `'~ ~ ~ ` ~ Ct ~ 4 a ~ 1: p y i ! ~I ~ ~ f ~i~ j ~ ~ t ~ t ~z¢ ~~ 9 ~ 7,. ~ If, ~ G ~ $ 9 ~ fi x y 'i ~ ~f~ ~ j ~ ~ t ttt i ~ ~}.~ i ( ~ ~J fl ~~ c i ~ f~ ~ t~ i ~ ~:3 . ~ ' ~ ~t t; ~ B ~ ~ ' l ~ ' ` I ~( 1~ j I TS t' v i t E ~ ' ~ r ~ ,,, ~ r i' i ~ ! ~ ~ f l ? ~ r lµ ~ ' i ~ i ~ ~ ~ ~ 1 ~ ~ ~ f . ~ i i. i ~1 ' t ~ ' ~ ~ ~ '~ ! ~ ~ ~ ~ ~~ ~ S ~' ~ I ~5 i t ~ ~ .` _ • WATER FLUSH LINE EASEME(~fT THIS INDENTURE, effective this day of A , 2006, by the undersigned Cheny Lane Christian Church, who maintains a mailing address of P.O. Sox 671. Meridian. iD 83680, hereafter referred to as "GRANTOR" for the benefit of the Cify of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the CITY desires to have a flush line for WELL #27 from the well to Ten Mile Creek as shown on the attached Exhibit A, and further described within this instrurpent, and WHEREAS, the GRANTOR is preparing to construct a lawn and recreation area encompassing the proposed Flush Line during the early Spring months of 2006, and WHEREAS, the GRANTOR and the CITY will mutually benefit from timely installation of the flush line before landscaping and lawn installation occur, NOW, THEREFORE, in consideration of ONE HUNDRED ($100.00) dollars, and other good and valuable consideration, the Grantor.does hereby give, grant and convey unto the CITY the right-of--way and permanent easement for the instruction, operation and maintenance of a water flush tine over and across the following described property: A parcel of land located in the Southeast'/< of Section 10, Township 3 North, Range 1 West, Soise Meridian, Ada County, Idaho mare particularly described as follows: Commenting at a 5/8" iron pin marking the section comer common to Sections 10, 11, 14 and 15; thence North 0°52'05" East along the centerline of Ten Mile Road a distance of 1096.83 feet to a point; thence leaving said centerline North 88°26'51" West a distance of 48.00 feet to a 5/8" iron pin located on the westerly right-of-way of Ten Mile Road, marking the Point of Beginning; thence continuing North 88°26'51" West a distance of 495.21 feet to a point; thence South 45°32'44" West 45.37 feet to a point on the centerline of Ten Mile Creek; thence South 44°27'16" East along said centerline a distance of 20.00 feet to a point; thence leaving said centerline North 45°32'44" East a distance of 39.88 feet to a point; thence Sauth 88°26'51" East a distance of 486.72 feet to a point; thence South 0°45'46" West a distance of 130.01 feet to a point; thence South 88°26'51" East a distance of 101.01 feet to a point on the westerly r7ght-of-way of Ten Mile Road; thence North 0°52'05" East along said westerly right-of way a distance of 150.01 feet to the Point of Beginning. Said easement contains 25,860 square feet (0.59 acres) and is subject to any easements of record or in use. WATER F~4SEMENT, Page 1 of Exhiioit: A, page 1 ~.. o ~- . W • A temporary construction easement for the purpose of constructing the water line and related incidental work, thirty feet in width lying adjacent to and south of the above described permanent easement, is also hereby granted to the City. The temporary construction easement shall expire when all work is complete and the construction contract terminates. The permanent easement and right-of-way hereby granted is for the purpase of constructian and operation of a water line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said permanent easement and right-of--way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future • repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacemen#. However, the CITYwill not be responsible far repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTOR(S) do hereby covenant and agree that they will not place ar allow to be placed any permanent structures, large trees ar brush within the area described for this easement, which would interfere with the use of said easement, far the purposes stated herein. • THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and tha# he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. - . v V (/ Granter Chery La Christian Church By: Lany oodard, Outreach Minister WATER EASEMENT, Page 2 of Exhibit A, page 2 1 ~ I 4' #' ~ ~4! l ~ I + i :1~ ?: f ~~ ^~ t I~ ' k ~' ~ •I ~ 77 I ~ ' ~ ~ } S ~f tY i- i > ~ ; 1~ ~? ~ I; l c k } y f ,, ~ t~ t. ~i~ ~~ . : jai. ~ y r ~ ~ ~ c j 2 E ~ ~ ~~ I j~{I~ { i. 3 ,~ I ~ 5. y~Y 3~ ~ ~~~ . It1 4 ~ i s f { ~A i'j <6 1 C f r ~~ ~ 5 F ~t I v ~~~ ~ ` ~ I ! t -~ ~f'~ ~ ~ ~~ ~ ,~ F1 ~ tE r l 1, ~~ i l f i!4 > (Y , I ~ i ~ - y ~ ~€ ~ + ~ ~ ~13 i~ ~ ~ Et ~~ f ;. { 5. ~~ { !9 ~ , iii; ~ f , ~.. {. 2 . I g N~ ~G ~~ ~ ~ ~ ~ ' . (j~ ~ i ~ ~ ~ I ~ 6i ~. ~ , §~ I ~i j ~ F , F-fr t ~ ~~ g t' j ~ : 9 k"~ I ;. tl ~ li~. ~ - ~ ~ .. t _, ~l .~ f ~l" €~ [ ;i i,1 ~ T F ;r t.~ } F 4. r ~~ ~ 1 j ~ I S } f ~, x n ~ {. ~ ` ~ f ~~ ~ ~ r f` } f 4 .~ I. j e ~_,~ STATE OF IDAHO) ss County of Ada ) On this day of ~a~, 2006, before me ~ G~ ~ 'HEU~, L personally appeared Larry Woodard, Outreach Minister of the Cheny Lane C ristian Church, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same on behalf of the Chevy lane Christian Church. ..~a.oD~,~ t . +s ~ Nor s c~';, VV ~ ~~ '~~~ ~r,.m NOTARY PUBLIC AHO s ~ '°U ~'•,p~c~0'~..... o `~~~.•' My Commission Expires on D Beneficiary: CITY OF,MER1DlAN ~_~ By Tammy ATTEST: Mayor Berg, Jr., ``, `,~`t~~s~u!t!r!rr~,. r~ ~ j! ~~ '` ~ Lit; • ~ •~` ~j~`~C,G~uQa~~~~,.~^• ~~r ~• - •,. ~r~r . .~, Date approved by City WATER EASEMENT, Page 3 af~ Exhibit:. A, page 3 ~ , E ~, ~,; gg ' ',' yx,! x!. i ! ~~ ,.~ ~ i ~ ~ YY t)~; ~ ~ { ~ i~ ~t ~~ f ~ I 7 ~ ~ i ~ i t j : ~ 1 ~ ~ 1 ~.~ 1 fi ' t` 3 ~ ~ +Y ~ ~ ; j ~ l ~ ~ 3 ~! ~ g ~ ~. ~~ ylk +f S ~ 7~ ~ } f i..~ H i r{ ~ t ~ f i `~ ~. ~+~ {{~,.j` J { t ~ ~ ~~- ' p . ~ ~ r , . ~ ~ k ~ t c ~ £ ~ ~ ~ ~ li ~ !! ~ p ~~' B r ~ ~' i ! ~ 1 y]~ ~ 1 ~ r5 u { a[ ~ ~ ~ I i i ~ ~ ~ i ~ i ~ ~ r!~,~ 3 ~ ~ ~ ~ ~ ~ ~ ~ sf ~ ~ '~{ ~ ~ ~ 1 ~ ] ~~ i E ~ ~ 1 gg Y ~ ! ~ ~ r s~ ~ ~ ~ ~ _ u ~~t ~ ~- i ! ~ ~ i p{p{~ ! ~ ~ qq s. E , ~. ! ~, : ~F:~ ~ s.~. l~ S° Y~~t-ti ~~t i2R ~! ~'~ ~ 1i ~ ~. ~ s ~~! ~ L .~ s e STATE OF IDAHO,) i , ss. County of Ada, ) On this ~~ day of ~ (h11.•C{~.J ,2008, before me, the undersigned, a Notary Public in and for the State of Idaho, personalty appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the. City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written: SEAL (~ f t~Y (Cc~ ~Y1. Sj~Zf~`~-~ Notary Public for Idaho Residing at: 1~?,~1_h~. ,, ~?d~w My commission Expires:_~'~- / S = WATER EASEMENT, Paga 4 of 4 Exhibit A, page 4 {~{j 1 i r 1 s K. f ~ { ~~ - G'~ i ~ ~. i ~~ ~' <:~~ i ({~ ~ `. ~ ~i~ ~ i I ~ ~ ~~ ;; a { R `~ ~ ~ ~ ~t ~ << 1~ F ~1 3 r ~ I i i ~ ¢ f t ~ t ~~~ #• ~~ if ~; ,I ~ ~ ~ ~ i ~ ~ ,if 1 ~ ~ ~ ~ ~ ' ~~ s ~ ~ S I 1 f ~ ..~ ~ I j l . '~ ~ 3 ~'_ ~ ~ i , ` ~ a ~ ~ i Y Y ~ 1~ of ~ ~ { ~ ' ` ~~11~ }~ _. ~ ~ # ~~, i r~~ !! ~ H. j S ~ .I ~ + ~ t - ~ y~.. 1 Ijl 1 ! ~ .~ I r { i Y ~ ~ ~l ~~ t ~~= t s i 1 r ~ ~ f !! It 9k7 t ` ~ ' ~ f I~ ,~ ~~ I G :~ y- fi t f t 1 1 1 ' - ~~ ~ p e ~ 6 ~ ~ .q i }} ~ C 3 i ~ t ~i. a ~ ~ ~ ~ § ~ t ~ 3 ~ ~ ~ ~ 1 G , f ~~ ~ 7 ~ 1 ~ ~ t 5 ~ y~ $ ~1 .. ~ 2 ~ ~ ~ ~ ~ } ~ ~. Yrv~ , ~ ~ ~ i 1 , t ~ ~ ~ ' ~,-. ' ~ ~ i ~.~ 1 1 t t z ~ ~ ' 1 w { s ` ~ 'i s~ i ~ ( ; t ( t ~ 1 S ~ ! f S! ~ i i• 5~ 1 I ( I 1 a i i i ~ .g ~: • ~ Y. ADA COURITY RECQPtDER J. ~ RAVAfiRO AMOUf~F .d0 6 ba~SE 1DAH0 07/06f06 02:03 PM DEPUTY Pate Thompson lii* "~~'> < ~~, - RECaflaED-REQUEST OF City of Meridian Public Works ! 06 ! 08227 This sheet has been added to document to accommodate recording information - --- WATER FLUSH LINE EA3MENT WELL #27 CHERRY LANE CHRISTIAN CHURCH Exhibit A, page 5 ; V Q ~ ~ + ~ { ~ # ' ~ ~~ r ~ 2 ' + f 11 j ' ~ Eir~ ~ r. ~ ' ~~ '~ ~~ ~ ~ '. h ; ~ r i* i t ~ } its t ~ ~ ~ -Fi ~4 °~ 4: 1, ~ ~: ~ ~ p;t r : t - ~' I1 ~ ~ ' !!! ~~`. ~. a ~ ~ ~ } i ~ ~~ ~~ %~ } ~ ~ s r ~~ ~ ~ ~ ~ ~ 3~ r ~ ~ ~ t ~ ~ fin; i ~ ~ I , r ~ ~ rz ~ r ^. ~' • S1210447500 AVEST LIMITED PARTNERSHIP S 45°32'44" W N _8_8'26'51 " W f ~ ^~-495.2i' 101.01' ~'~~ 4i .. ~ ..._._.~4 _ 486.72' ~o ,yg~~ S .88'26'51 " E ~N 45 32 44 E S 44'27' 16" E o ~ ~ TEN MILE CREEK o in r7 d- • r O . S 88'26'51 " 101,01' SCALE: 1 "=50' S1215110050 CHERRY LANE .CHRISTIAN CHURCH EXHIBIT "A" SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SE 1/4 OF SECTION 10, T3N, R1 W, BM 4.8.00 w ir) o a ~° 0 tD ~ Q O p r w w -' ~n ~ ~ w N ~" ~ ~ i~ Z S 89° 15'22" E 10 1 1 CL FRANKLIN ROAD ~ 5 1 r~ Exhibil: A, page 6 a i f ~ ` t Y 1 1 S i I a ; i n ~ ~ ~ a ~ r ~ ~ ~ :~ ~ ~ ~ ~ , ~ sz~~ - ~~:t I ~ i j~~~. ~~ i F, ! ~ a n_. .I ,L t ~,1 ~ j ~ ~ .r 1 i ~ s t i s ~~ 7 i lik, ~ ~ i [[ L ~ y ~ ~~ j ~ ~ y { ~. I. ~ ~ 3 ~~ ~ $~ i 3 i ; ~ ~ ~ ~ ~ j C i . _,~ ~ ~ f ~ ~ R ~ ~. ~~ x j t ~ ,'' I i ~` $ f i `~ ~ I j~y i C 1 ~, iY ~ r ~ s ~ k } f 1 f ,T ~~ ~ _ } . 11 ~ e f , I ' r ~ "' ` ~ ~i _ ~ #~' ~~ ~~ i ~ ~ ~~ I ~~ . w , r ~~ , I ~ - ~~ r~ ~ y~ I~ ~,', ~ ~ ~ ~ ~~ ~ ~ # ~ . ° ~~ ~ r 1 S ~ SN 1 { ~ 1~ ~~ f { ~ i 1 ~ I } ~ ' ~ ` r ~ ~ 4 ( ( F F ,1I ~ ~ J` F ~ ~ {; i [ [ v{ C , ) - r '~ ~ Ii ~ ~ i ~ 4 f ~ fr < 1 ~ ~ T ~~ , ~ +' b 1~ ~ { A} , ~ ~ Y4i t I ~ ~(~ ~~ 4 ~ I ~~ . ' F , ~ ~ . ~ ~~ ~ ~~ F ' ~ 5 n ~~ j L 7 • .~ 'k r ~ ~ Y } 3 ~ ; ~p~ ~ I . F $ 1 ~ : 1 F ~ _j 't~~ t . ~ °j ~ a _. li 4i ,! lii . ~ Y , '` ~ .~ ~~ F k ~ J~'~ ~ yh< M. _ ~ :~I i ~. ,~I ~%1 - ~ " E ~., _ ~, ~: 9a• ~ ~' '} '3 ar ~~s~ ~~~~~,. -~,~. ~ x „5 ~•h }.~.`~~' ~~ ~_ rv24w . ,. ,_.h'.. xfJ-.' " r~._~."_'._{_'1a-TiL ~'2-' ~__=~.'-~~~w ~+~.~~.+,_: _ ~~,.ycy~,._.~J~z~---+~i,"T~SeCrz',~ .;. -~-^~'-ri-;•r Y~~~++--~.. fy - ~ y. ..- -- - - ~ „~ ~--~. -c. ,~ _~~"'' ~ - ~ ~~' r a; ~~ did ..P1` T+,: 4 ~w. } ~~Iky~~ ~-~ ~: ~~ ~ -; ~ ~~,~ 3 ,. ~ ,r ,. a ~ ~ '~ ~ , -~~~ r_ rte. _ ~ _,,,Y ~Ti. si ~ ~ r~-K , ~'~ ~~'i~.'n •_`-~~~.Y'.~:~'~7.b- ~Y;ftd - -.. ..;.~~e._ .~~- b ._ ~ ~'vn-'`/.~~--,R+~Y'~T4` .e,.r~-aa ~a^a 6Ca 2 ; `ice;, ~~~~?y 1~ ~.~ x."'}-y~r '~°`• ~`~~__-- r r s ~ ~ ~ , t~. ~ r y ~ _ `sir. ~ ~ ~t> =~~r ~, Ten e. A ~:. i; s'~, _ }~ ~ ~~ - s'S'. .. ~ ~ ~~". z - I ~ T.~ R.~1 ~.. ~~~ ~u ® a ~ ~ t ~~. `~ti. ~,~. . - ~,,_ ..~Y,:_ f .. ~ ~~~~.~ ~: ~x - ~ ,~~T F'-~~;~f -'~-~ - - - ~ - - Exhibit B f I~~~~ ~41 M ~~~ r 4 Y'~~ ~~'L"•"L, d 1 ~}~ ~R {'r' ~l'„'~~ y. ~ ~ R E ~ ) $' d~ 4 {r ~- z~ - i ._;•_z i} ~} r ''' " i ' ~' 4 { . ~ F S ,r h1 ~i, 7 = t } ~~,, . g`, j t ~ ` ~ r ~. ~ Y ~T 1 •i a S' Y` It ~f r G ~ 5 ~ y .^~• ~y fi / G ~._ ~•~ ~ ,: x ~~ r ~ _, ~ + F M'4".'r'„ r 3 r'-, r : -f ,~ ,- F ~f ~ `t +1. ~5 ~~- ` ~..:-ter ~• ~~ '~ ~. i "F~ ~i~ ~ ~ ~~ ~~ HH,, ' ~ i. 1~ ~• . ~ ~` ~ ~~ J . ~ ~1 {~:~~~; ,, ;~ 6 ' " '~'~ e+ • i EXHII:i1T C Puroose of License The purpose of this License Agreement is to permit and approve Licensee to: flush/discharge water from the Licensee's Well #27 into the Ten Mile Drain and construct and install a flush line within the District's easement, all within or near Licensee's real property/right-of-way described in Exhibit A, located northwest of the intersection of Ten Mile Road and Franklin Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Ten Mile Drain or the District's easement. EXHI);IT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of four sheets attached hereto as Exhibit D-1 and by this reference incorporated herein. Licensee shall flush/discharge water into the Ten Mile. Drain only on rare occasions (approximately one to two times per year). Licensee shall notify the District's Superintendent and obtain the District's permission prior to any flush/discharge into the Ten Mile Drain. The quantity discharged shall be 1,200 to 1,800 gpm. In addition, Licensee shall be allowed to discharge approximately 10 to 20 gpm continuously into the Ten Mile Drain to prevent freezing of the well head and to maintain water quality in the well casing until the pumping facilities are constructed. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of i~tle to the property subject to the District's easement. Any such rights affecting fee title must be acquired by~the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of tights and at the option of the District this agreement shall be of no force and effect. d. Licensee shall be responsible and shall ensure that any drains/flush lines which discharge into the Ten Mile Drain do not cause any erosion or subsidence of soil within the ditches or drains. The Licensee agrees that the District shall not be liable for any damages which shall occur to the drain pipes or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or;canal. e. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically LICENSE AGREEMENT -Page 6 s ~ e those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that maybe implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharges or other activity by Licensee which is the subject of this agreement. f. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim ,action or requirement. g. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. h. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it, exists, is possessed and exercised by governmental environmental agencies. i. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Ten Mile Drain except as referred to ij~ this agreement or exhibits thereto without the prior written consent of the District. j. Licensee acknowledges and confirms that the District's easement for the Ten Mile Drain includes a sufficient area of land to convey irrigation, and drainage water, to operate, clean, maintain and repair the Ten Mile Drain, and to access the Ten Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. k. Construction of the pumping facility referenced in this Agreement shall be completed one year from the date of this Agreement. Time is of the essence. 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" °°` ,~ ~ ,> :.~,P N ~ ~ CONSULTING ENGINEERS AND L1N0 SURVEYORS T'°~'°I f ? , WELL No. 27 PUMPING FACILITIES , ~ ~~ o ,~, ~,,,~ ,,~,,, a% ~ :~ ~ 9°Oa 101 ~~ ~µ' ~" oaG6 2 ~~ ~ BY-PASS PIPELINE PLAN c~x88-1]I] ' ~ o ~~ ' - r~z aee-°su .wxam y' ~ e°a Exhi.~it D-7, page 2 oz°~ ~ ~ ~ ~ X m ~ Ngymgo ~Zm S = 9 O ~Oy C I O A T `m~ om r C N ,n = ~ O y Z '~ Z o i.; ; m .~.I y G i7~$ v ~npm .Z7 ~ZCZ~i w ~~m RI n z m =~ N oo u, /, . `,y...• ~ +Jm r p~a' x 9 ~ y d. ooSv,o p ~ ~ IC~/ ~O Nf A~'~N ~~g~~~ m$ v xm~ ~ n 1 I c oo,^ /~ x n oop _ 0 m A ~~ O P~ ~ ~ gm m3f u ~ z i ,n ~ o~g ~~ a~~ y~mp IA~9 m~~ p m TI r C N N FS y m ~ O Z ~ Z Z n D '^ C s .~ f+'1 nm ~~ D m~ °o~ ~ mvt~~ ~z o~ @5~~ G A A m~ n C =og ~ pp ~i V ~ mm 9I9,~y V Z .UU g ! x p O mpo~ pmm A ~~ I a o m g m z 0 9 '~ s O ~O 'p m ~uam~ ~~'j1 p 2j+{90~ ~ZD ~2~,jP m Sx ~'u~y~~ x pub x vml•m,~ ~ m,ng\~ ~a n q A N ^~= m z z O ~ Va Tg np v~ rq c S' m ~°~ ~a Z O ~~ m 0 v~ a ~ ~ Nm'v_ sm I z ~n X N p n ~ D `~ ~ o p ~E~ ~z z oo°- m 0 0 m ~ `~ v m D ~g~ p Acfm nm~ 9Z z~ ~~n ~s 4 o m o 5 l -, Soi om~a 4 ~e ~x °oo l~~ ~ "r p p m r z ~ n i O O rGy3J F ~ ~tpn z z m o ~`oz P -mom y+,- mpA~~zz O~ ~S;~rgg =;~ 6~m£oz- r9 p m ! ~~~NNN ep . 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'.I u~.. ~I~ , if ~ ,J .~',~ti -. ~~ F i.~.lF 4 I! ~~ ~+ ~@ ~ ~ ~~ ~~ n i ~ '"~ ( ~~~ Memo To: Tara Green, Jaycee Holman From: Kyle Radek CC: File Date: 7/2/08 Re: Agenda item for 7 July Council Meeting I~ __ ~rty~ ~f ~~~a~~ FCat~ ~1erk ~~ficc Public Works respectfully request that the attached License Agreement with Nampa ~ Meridian Irrigation District for construction and operation of a flush line for Well 27 be placed on the consent agenda for July 7, 2008. Please contact me if you have any questions regarding this item. 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T '~ Z . -3s ~, !Fr 1~i,_S`. r4' t _ 3 .~ ~ -. • LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day oi' , 21k)8, by and amongNAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licenscc"> WITNESSETH: WHEREAS, Licenscc is the owner of real property/right-of-way for a flush line for Well #27 (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" and/or Well Flush Line Easement attached hereto as Exhibit A and by this rct'erencc made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal known as TEN MILE DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's roal property as shown on Exhihit I3 attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall he performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licenscc shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhihit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. ~~ { ,,' ~~ ~;, . ~~~ i ~;c ,l~Y 4 ire ~_ ~ aid ~~ ~, ;~ '~~~ i ;€ 1 2. This agreement pertains only to the Licensee's modification of said ditch or canal ur encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's casement by the Licence or the Licensee's predecessor in interest) shall he constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licenscc. 4. Licenscc agrees to wnstruct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; h. an interruption or interference. with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of sail within or adjacent to the cascmcnt; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's comstruction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by i he construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance cif such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not he unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licenscc of said ditch or canal and the cascmcnt therefor which does not comply with the terms of this agreement, and to remove any impediment to the l7ow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licenscc agrees to pay to the District, on demand, the costs which shall he reasonably expended by the District liar such purposes. If the Licenscc shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licenscc agrees to pay to the District, on demand, the cost or expense which shall he reasonably expended or incurred by the District liar such purposes. The District shall give reasonable notice to the Licenscc prior to the District's perii~rming such maintenance, repair or other work except that in eases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District Cor failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT -Page 2 • against the District arising out of or relating to the terms of this paragraph except for claims arising solely out cif the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance o1' its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution o1'this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and dei'end the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall he of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. [n addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason o1'thc negligent acts or omissions of Licensee or its agents, contractors ur subcontractors in pcri'orming the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liahle for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install tin the said easement area of the District in the reasonable exercise o1'the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the casement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 1 ] . Licensee shall place no structures, pathways or landscaping of any kind ahovc or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or auc~rney fees in connection with efforts to eniarce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbarscment for its costs and reasonable attorney Pecs from the other party. 13. The parties hereto understand and agree that the District has no right in any rospect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT -Page 3 • s 14. Nothing herein contained shall he construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights oi' the District to the use of said ditch or canal 1'or the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may he terminated by the District, and any faci-ity, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be remc>vcd by the District. 16. The Licenscc agrees to pay attorney fees or engineering fees charged by the attorney 1'or the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licenscc also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enl'orccahlc by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to he invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in Cull force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constiwtc covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall he binding on each of the parties hereto and on all parties and all persons claiming under them or tither of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT 13y Its President ATTEST: Its Secretary LICENSE AGREEMENT - Pagc 4 ~ ~ t ';1 ji ,~ ii 4 ~ ~ ~; I ~ f V . } r f ~ ~ ~ ; ~ ~ i ~,, ~ ? ` ~ a q I ~ I . I _ ~' n ~ ,l ~ ~ I ~ ~ ; ` ~ . II 3~ ~ ;~' '~~ ,:~ s i~~ ( 1 i -;. ~~ ~ . ~ '~` 1~ ~ ~ 1 ~;, l ~ 3> ~ _~ i ~ p ~, ~ _ s ~-, _ ~ i 1 -~ k : e" ~( t 71 ~ ~ t ~ 111 l ~i 1 E ~ j r_ i ~ 1, ,, ;1 - `- ~¢ '' a ~~ r j ~ i Zit ~. 11 ~ j ~ I ~ s I i ~ 1~t ~~ f f ffG~ r t I~ j ! t ~ ~ i ; ; t]r i 1 ~L j ~ - ~ j ~ ~ r ~ ~_ i ~~~r ~ ~ i ~ ~; 1 6 4 ~. ,~ ! ~; ~ , ~ ~ ~ ~ ~ ~ rc ~~ i s . 4 + 1 1 I r 1 3 ~~ ~ S 1 11 4 1 e t } } ~ i ~ ' ~ ,, O ATTEST: STATE OF IDAHO ) ) SS: County of Canyon ) C~ CITE' OF MERIDIAN HY. On this day of , 2Q08, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte Janicek and Daren R. Coon, known to me to he the President and Secretary, respectivelly, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the linegoing instrument and acknowledged to me that such 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. Notary Public for Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this day of , 2(K)8, before mc, the undersigned, a notary public in and for said state, personally appeared and ,known to me to he the and ,respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity 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 1'or Residing at , My Commission Expires: LICENSE AGREEMENT -Page 5 r ~ ~, `-„ 8. ~ t ~~ ~ tW ~ ~ 7. pk, i ~ ; ~ j ~ ; t ~ ~ ~ flyS ~{ i, ~ ~~ L ~ fl i ti k ~i # ~ ~ ~ ~ ~~ ~ ' f f F ~ 4~ 1 ~ S ~~' f ~ ~ ~ ~i ~. t' ~ 'itt t ,_ f ~ ~ ~ ~ j f B ~ y. ~ ~ E T L a s'. , r~ -c F s I ~ ~ t ~ ~ 6 ~ s~~ ~ ~~~' f ~ ~ ~ ~E ~ ~~~~ ~ I ~ ~~ f f ~ ~: ° ~ ~ ~ a a ~~. WATER FLUSH LINE EASEMENT THIS INDENTURE, effective this ~ day of PY~.~t , 2006, by the undersigned Ghenv Lane Christian Church, who maintains a mailing address of P.O. Box 671, Meridian. ID 83680, hereafter referred to as °GRANTOR° for the benefit of the City of Meridian, a municipal oor~ration of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as °CITY". WITNESSETH: WHEREAS, the CITY desires to have a flush line for WELL #27 from the well to Ten Mile Creek as shown on the attached Exhibit A, and further described within this instrument, and WHEREAS, the GRANTOR is preparing to construct a lawn and recreation area encompassing the proposed Flush Line during the early Spring months of 2006, and WHEREAS, the GRANTOR and the CITY will mutually benefit from timely installation of the flush line before landscaping and lawn installation ocxur, NOW, THEREFORE, in consideration of ONE HUNDRED ($100.00) dollars, and other good and valuable consideration, the Grantor.does hereby give, grant and convey unto the CITY the right-of-way and permanent easement for the construction, operation and maintenance of a water flush line over and across the following described property: A parcel of land located in the Southeast'/ of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho more particularly described as follows: Commenting at a 5/8° iron pin marking the section comer comtt~n to Sections 10, 11, 14 and 15; thence North 0°52'05" East along the centerline of Ten Mile Road a distance of 109fi.83 feet to a point; thence leaving said centerline North 88°26'51° West a distance of 48.00 feet to a 5/8° iron pin located on the westerty right-of-way of Ten Mile Road, marking the Point of Beginning; thence continuing North 88°26'51° West a distance of 495.21 feet to a point; thence South 45°32'44° West 48.37 feet to a point on the centerline of Ten Mile Creek; thence South 44°27'16° East along said centerline a distance of 20.00 feet to a point; thence leaving said centerline North 45°32'44° East a distance of 39.88 feet to a point; thence South 88°26'51° East a distance of 486.72 feet to a point; thence South 0°45'46° West a distance of 130.01 feet to a point; thence South 88°26'51' East a distance of 101.01 feet to a point on the westerly right-af-way of Ten Mile Road; thence North 0°52'05" East along said westerly right-of-way a distance of 150.01 feet to the Point of Beginning. Said easement contains 25,860 square feet (0.59 acres) and is subject to any easements of record or in use. WATER EASEMENT, Page 1 of Exhibit A, page 1 tf , i ` J' ~ ~ I ' ~ # ''~ ~~ ~ j ~ ~ ~ z j ; ~' i I ~I~ ~r , ' i ~ ~ ' I i 3;~: ~ '~ ~ ~ ~~ ; ~ i g { ~ '~ , j I t ~, ~ ~'~ .I ~ ~ ~ ~ i f G ~ j_ . .iii! ~ ~ I ~ ~' {{1 ! i ~ ~~~ ~i i '~r J. E ~ i + i i i ~ ii ' ~ 1 ~ ~ ~t~ ~ ~ I } ~ ~~ ~ i ~'i+ i i a ~ r t.. F ~. ~: :, s .~ ~ xs ~ } , a t ~ ' i r ~' ~ ~ t i ~ ~ t i ~ ~ ~ ~ f i ` ~ ! ~~ . } ~ : ~ ~ ~ ~ .? ~' x ~ ` i , ' f rr i ~ ~ ~~ ~~ ~~ 1 1 ~~ • .~ A temporary construction easement for the purpose of constructing the water line and related incidental work, thirty feet in width lying adjacent to and south of the above described permanent easement, is also hereby granted to the City. The temporary construction easement shall expire when a[I work is complete and the construction contract terminates. The permanent easement and right-of-way hereby granted is for the purpose of construction and operation of a water line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its sucxessors and assigns forever. . 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expedien#ly replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would intertere with the use of said easement, for the purposes stated herein. THE GRANTORS) does hereby covenant with the CITY that he is (awfully seized and possessed of the aforementioned and described trail of land, and that he has a good and lawful right to convey said easemen#, and that he will warrant and forever defend the titFe and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. vv - _ v -~- Grantor Cheny La Christian Church ay: Lary oodard, Outreach Minister WATER F~4SEMENT, Page 2 ofl~ Exhibit ~i, page 2 I~ ,I <I~ . ~ +.~ i ~ ~f 1~ ~ ~ ~ t 1 ' ~ L ~ ~ ' FS ~ ~.~ 4t ' ~ ~~ ~ ~' s E; `~ ~ i S i ~ ~ ~ . ~ ~~~~ i ~~ i { ~ Sf , ! ~ :~ ~ ~ i., t 1 i s ~ E I ~~ S ~ ~~~ ~.5 ~. [ I k ~ 7 is } g t ~ ~ ~IC ~ i i F s ~ : ~, G [ F I l: ~' s ~~ ? ~ ~i ~ -~~ ,t7 k ~~ a 1> ~~~- ~ ~ ~ ~ ~_ ~ r ~ ~ : A t. ' V~ t ~ ~~ i : ~ ! ~ J ' i ~ I ~ . i ~ t ~ i 'I t ~ ~ 3 17 ~ ~ ~ ~ ~, t t E. .. t ~ i fi ~ ~ j 1 ,~ It~'r ,~ G ~ ~ t +' !i k ' ~ ~~ c f ,a ~{ P F r P ~ 't s ~ ! i; t ~ I ' e 4 f ~ ~ ~ ~ ,~, +S ,j ' 1 ~ {} ` ~ ,'2 ~ it R ( f 1 ~ i` it ( ]]] li~ f ` I ~' ~ ' k F ! ul • STATE OF IDAHO) )~ County of Ada ) On this day of .~~~,1~, 2006, before me t G ~ ~ ~ ~ UC L personally appeared 4any Woodard, Outreach Minister of the Cheny Lane C ristian Church, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to th® within instrument, and acknowledged that he executed the same on behalf of the Cheny lane Christian Church. ~.p, ai rr i~f , '',,~~~`;tom M ~~ ~~~,,j , , V I ~ N` ~'Lp G~~~ ~ NOTARY PUBLIC AHO ae '~ ~ r ~.~1 ~B,L I C ~, qtr . My Commission Expires on D Beneficiary: CITY OF.MERIDIAN ~`"""""r"'`~~ ~. „t CAF .. .,'•'~r; ~J~ ~'t +.. '~ L '~. By v ~~ ~~ Tammy eerd, Mayor ?~~ .. ,. - ~ `= ATTEST: ~ = ~U., ti' q William Berg, Jr., C' le '-,,~~ ur ~~i • ~~~~~~~~'` ., Y , ,. ``,,~~ Date approved by City Council: ly~i9~rtA- ~~ ~ T~y~ ~~8-bG WATER EASEAAENT, Page 3 of~ _ Exhibit A, page 3 e ~ o STATE 01= IDAHO, ) T • SS• County of Ada, } On this ~tday of ~ G'Jl•C1~•~ ,2x06, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Witham G. Serg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the. City of Meridian executed the same. . tN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year firs# above written: sEA~ ~~ha~ m ~~~~-.~ Notary Public for Idaho Residing at: ~~,l.h^~~~~ My commission Expires: ~ f 5 = / WATER EASEMENT, Paga 4 of 4 Exhibit A, page 4 G', ~1lkkktt; ~ ~.~ ~ ~ ~ ~ 1.;, L - iF.t- 1 1 i frr ~'; ~ ~ ,i ~ yk-'' •~ I ~ Y L r : ~ l ~'et } ~ E ~ ~ ~~ ''RSSk ~ ~~ e ! ~ ~,t j ~,p 1 ~ i{4~. - fk r~ ,~~ 11 ~_ iT ~Sp. ~ _~ 1 't ,I # tat ~ tt ~ ~' _ 1 " R~IS r ? iP ~ ~ d ~~ i i i ,, s ~ .~ ,, A ` ~` ~ ~ g - 3 h l d ~' > > ±. ~ - !' ~ ~ ~. f ~ ~ ~ ~ ~ ~ a! i S. a ~ im ~ ~ j r., r c }' ~ , -~ I { , ! ~g ~ ~~ ;.. ~ ~ ~~ a j ~: i t i I ~ 3l;=C _ E ~ v~ i ~ ~ ~'~ t r ~ z I I ~ !~- ~ ;~ t ~ ~~ ~ ~~ I ~ t ~ ;.~ ~a ~ I~ k: ~ I ~. 5 ''~ { AOA COUNTY REC~QER J. OAYIO NAVARRO AMOUNT .00 S B0~4E 1DA1~ OTIB6108 003 PM OEPUrY Padrnon~son flllilllllllll~!{~I11111~HNll~lll RECORDED-REQUEST OF 106108227 a~ ~ ~i~i~ PubSc Works °1"his sheet has been added to document to accommodate recording information WATER FLUSH LINE EASMENT WELL #27 CHERRY LANE CHRISTIAN CIiURCH Exhibit A, page 5 ,~ ~ ~ f ~ ~ ~ f ~ ~ ~~ ~'3 i~ I ~ ~ ~f Yl ~ r~ i';. ~ yaa' r ie ~~_ ~ j ~ ~. 3'k F ~ t ~ ^' ~] 1 } ~ ~ E k 1 v 7 F { Z , : ~ 5 ~ ~~~~. ~ {{{ >. , ~ if ~ ~ ~ ~ '~,~, ~ ( t [ ' n i ~ 1 } ~i ~ ~ .i ~ ~ ` ~ r d ' k F Ir 7 -~ ! F ` ~ '~ w .r ~ x ' { f ~ f ~ r ~ Y ~ .jt ~ G t + ~, }t, i, 3S ~ ji I ~~ ~ `~ ~ ~ ~ ,~ }~ ~ tz ~ ~ ~~x { r.~ i ~ ~~, ~ i r~ ° 1 ~ ~i ttt tt ' E'V ': l c ~~ ~i:{ , 6~1 ~; ~ I I F t ~ ~ i i t ± 1 F ~ T . 1 ~ 1. ~ ] 1y. .~ '1 s .SF. ~ ~ ~ ~ ' ~ F ~ ~ ~ } ~ ~ } L ~ ,~ rr 7' 3 f v .'m ~ °~ ~ ~ i l a ~~ i. ~ ` ~ .t f~ ~ • S1210447500 AVEST LIMITED PARTNERSHIP S 45'32'44" W N 88'26'51 " W - f- -----~,. -- - - 495.21' 101.01' . ~~;51~~ ~.. v .. 486.72' .. ~'p. ~9~ .. S 88'2fi'S1 " E N 45'32'44" E S 44'27'16" E o c (~, TEN MILE CREEK ~ ~ Q N S 88'26'51 " 101.01' SCALE: 1 "=50' S1215110050 CHERRY LANE .CHRISTIAN CHURCH EXHIBIT "A" SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SE i/4 OF SECTION 10, T3N, R 1 W, BM 48.00' .n a ~ ~ ~ a0 tD p O 'Q r. O w w ~ ~ z w N ~ N ~ C7 Z S 89'15'22° E i 0 i i Ck FRANKLIN ROAD i ~ 14 Exhibit A, page 6 ~. ~• . ~ ~ ~ ~x k t s ~ r ~ ~ ~ , { ~ ~.~ C ~ ~~ S ~'~ I ~ ~ ~ ;~TK ~ ~t ~ i' e n° ~ SI ~ i .. .+ r ~ ~a I ~ ( i ° ~ ~ j ° t f' . '' ~~- r ~ !! i ~ i V ~ t ~ ~ ~ F ~ ~ t i t ( 7 i { ~ ~ t ~„ ` 'E' II +~ ~ t ~~ r ~'~ ! I s ~~ ~ i i~ ~~ ~r f~i ~ i ~ h s ~ ~ ~ ~~ ` '~ q+z 4 E ; ~ ~ t~ ,~~!'' ~ j ffrr t l iI ~~ ~ ~ i ~'i r t~: _ m f tt r .i i jf } L[ ppp a ~~ S3 ~ ~ ~~~ S 4 i ~ ~~' ~ r ~'~ ` i 1.,+ r { ;~ t~ ,f~` .x,111 1... ~'. ~l 1 `~} ~ ~ fi°S-~ r ~ f ~ ~ (~ 5'~~ 1 1, ~ [I ~. i ill i~`i, ~ ~ - ~ ~ _~ t, ~''~. 7 a' ~ 1 ih :~ ~ _f ~ T~ V i i • • ' 4~ -Ty_ }~ ~ r -:. 0 L ~~~ _ Y... ~~ ~ aA' `'. ~w _ C A. :~' y ~ ~ ~~ ! ~'• ."~ =~'` ~ .,. T~~ M~I~ ara~fl i~ ~E~~4 ~.~0 ._.~ ,` ~. ~., r ~ .:---. r - ~. T.~N R.~ 1N B.M. ~d~ ~~ ~ ~~.. I~~ho A~ ~ ~~ 4 Exhibit B ~ ~~ .r }t ~ r ° ~-~ i ~ ~ t F ~ , .~ C ~ f ~ f ~ 1 ~ •~ ~y i~ `~t: F a ~ ' r ~ ~~,i ~ a I ~ _ ~ a ~ ~~7 + ~ ~ - g 4 ~t? ~~~~ I ~ ~ t _ ~ ~~ ~ ~ ~ t ' ~"j Sj ~ 3 ~ i ~ ~ ~ F ~J 1 f ~ S t 7[ ~ x : i ~; I i ~ ~ ~, f E 1 ~ ~ rSS it ti ~ e~ ~ .~~~i~.' i ~~ f E 1 1 ! ~ ~ i '' j f E { k' ~ '~ i K 1 k , ' ~ i~ 7 ~ ~177jj L 3~~, ~~ ~ ' S ~M ~ i ~ E ~,. ~ ~ _ , f ~ 11 i t • • EXHIBIT C Purpose of License The purpose of this License Agreement is to permit and approve Licenscc to: ]. flush/discharge water from the Licensee's Well #27 into the Ten Mile Drain and construct and install a flush line within the District's easement, all within or near Licensee's real property/right-cif-way described in Exhibit A, located northwest of the intersection of Tcn Mile Road and Franklin Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Ten Mile Drain or the District's easement. EXHII3fT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of four sheets attached hereto as Exhibit D-1 and by this reference incorporated herein. Licensee shall flush/discharge water into the Ten Milc Drain only on rare occasions (approximately one to two times per year). Licensee shall notify the District's Superintendent and obtain the District's permission prior to any flush/discharge into the Ten Mile Drain. The quantity discharged shall be 1,200 to 1,K00 gpm. In addition, Licensee shall be allowed to discharge approximately 10 to 20 gpm continuously into the Tcn Mile Drain to prevent freezing of the well head and to maintain water yuality in the well casing until the pumping facilities arc constructed. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The Licenscc recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder o1' title to the property subject to the District's easement. Any such rights affecting fee title must he acquired by the Licenscc from the holder of title to the property. Should Liccnsce fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licenscc shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee shall he responsible and shall ensure that any drains/flush lines which discharge into the Tcn Mile Drain do not cause any erosion or subsidence of soil within the ditches or drains. The Licensee agrees that the District shall not be liable for any damages which shall occur to the drain pipes or any other improvement of any kind or nature whatsoever which the Licenscc shall install on the said casement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. e. Liccnsce represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically LICENSE AGREEMENT - Pagc 6 ~~`~ '~ ' ~ S 1 ~ 1 i ~ 1 } ~ i ~ {C ~ ' t ~~r~ t~ 3 ~ ~ ~ , ~ ~ i~ I i ~ ' ~ a ~~; ~ i ~' ~ ~ j : l ' ~ is fi ~ ~ - ~ ~ ~ 11 I i ~ ~ I E ~~ f ' 1 , i:'. i : ~ ~ F 1 ~ 5, C; t' I ~ ~ ~ I ~ ~ i i ~ .$ t I r + i . ~ ~ ~ I ~ { ~= 'i k ~ t CC I ~• U ~ '~ i ~ f - , ~ ~ ~i i i ~ ~` d 1 ~ j ~ i ~ ~ Z y, i i h ~ ~ , ~ r' s, ~! ~ ; i , @ s { I i ~~ { t ~ 1 i ~ ~ ~ ~ t t ,, {€ , } , ~~ ~~ 1 ~: t ~ ~ . f~: 1~ ~ i I P ~ - ~ .. ~ ~ i ~. ;I ~ fi ' ~ t ~ ~ ~. - ~ i R ~ ; ~ ~ t ~ i i ' t ~~ + 3 f; r ~ ~ ~ ~~ ' ~ i ~ ~ ~ i 1 t 4 f~~ l ' j j ~ i i ~ 8 ~ ~ a s €~ +: ` ~ ~s ~ t ~ ~ i ~ n , ~ F I ~ ~ X ;1 ~. { I .. Ft ~ ~ 1 •~ _ .r•'~. i [~ ~ i~ ~ .~ .. ~, ~ :f .. .... .. ~ ~ L"a ~ ~ ~ , • • those relating to pollution control and water quality, as may he applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may he implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability 1'or any impact upon or degradation of water quality or the environment resulting from the discharge: or other activity by Liccnsec which is the subject of this agreement. f. Liccnsec hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or perti~rmancc of this agreement unless the District shall he solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim ,action or requirement. g. In the event the District is required by any governmental authority to acyuirc or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Liccnsec shall indemnify, hold harmless and defend the District from all vests and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, riling and other requirements. h. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. i. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District"s casement for the Ten Mile Drain except as referred to i~t this agreement or exhibits thereto without the prior written consent of the District. j. Licensee acknowledges and confirms that the District's easement for the Ten Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Ten Mile Drain, and to access the Ten Milc llrain for said purposes and is a minimum of 1tH) feet, 5i) feet to either side of the centerline. k. Construction of the pumping facility referenced in this Agreement shall he completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Pagc 7 ~l,~~~~ t E~ r k d-~~ ~f f 3 ' ~' ~, E ~ rl~~ ~j ~ 31 { S (((t~ ~.~~. !j it ;~ ac i. ~ ; ,; j& R ," ', I '~ }' .t f~ S l 1 fi. ~ ~ It ~~ 3, , _...-- __ ~; .4~,-~ Z n M N f7 ~ m ~ ~ _ G ~, ~ n ~ m '-Z i N • g n -I ~ O = Z Z Rt 3~~ ~ n ~ '~ ayc -C tJ~ ~ C 'n n ~ Z 0 NO~Z ~~ ~ ~ c°o ~ ~ " Z o S Al z mn ~ a 0 ~ r a ° 'm Z a y ~ Z D O D r C I~ z H < ~ I ~ ~ ~ ~ C i TY O F M E RI Q IAN CIVIL SURVEY CONSULTANTS, INC. "' "° °~` ~ :.••° ;; °••< -• b ~ ~ WELL NO. 27 PUMPING FACILITIES cor~sm.~ea ravcweees arm urm suaveror~s ~:, :~ ~~,,c. p IOE 4outn ~6Waa Rat i /I '~'1i~2 YLR1~M, tDY10 Nla4 Wf~m o~ +~- BY-PASS PIPELINE -TITLE SHEET c~o.x.~-s~: ,,,,,,,,, >~ .",~•b' ..~ ~~. 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"`~ ~ r•°•"••.., , ~ ~° j:.. ~ %jf ~ a CONSULTING ENWNEERS AND UMD SURVBY01~ C • .. ^' ~ 27 PUMPING FACILITIES WELL No ,~ ~,°,.,~..a, ~- r ~ ? ~y ,~ . 8x°. 101 ~ o °,a ~~' f BY-PASS PIPELINE -PLAN ~ ~ ~'"°'° ' ° Exhibit D-1, page 2 ~~ g=~ ~A~ S m O ~ ~ ~~~ ~ m ~ o °c mpp m~G o ~ o r'1 m '1 ~ ~4 a C m U1 ~ 2 _ ~ O ri y-t g ~$~ z ~ 3 ~ C .nl > y ° o ij~~o v vn ~ nn N ~~~ N g ~ _' J.sr ~~~ °a ~m ~~~o~~g ~~ r~ 1 C /O pp CO Z~m~N~ p I ~ N ~O ° I ~ ~-~ ~ a~ ~ O rr 'O ~N x m~ Z ~ n C y y n A ~ ~ ~~ m ~ m ^ ~ ~ ~ ~N G tZi a ~a ~ 0 m~ Y ~ D oaf ~ ~ ~~ ~was~~ "~ ~~ ~ ~a ys S ~ ~° In~ ~I ~ 90~ a Z ~ m ~a g e sm~~~ ^~~~^ ~ - am rq +"r,e v '^ ~x w z ~z g o N C9 z yE@ O Am ~ P •S5 5 ~~~ ~ ^~ ~z~ A z ~~ N ~~.. ~~ ~^ °° 4 o ~OaN ~~~ x ~ ~~ ~ y0 O~ ~ i ~~ ~~~~ - N~~ NN ~ n nib' z ~~a Ct 2 ti~ 2 C ~_ ~~ x .°'~ I m~;r~~~ ~€g ~~~ ~~m~o~; ~~v~. ,~N ti~e$ . ~°~gs~_.___......___._._._ ~~c~m~O` ~-- --- n ~ z ~ _......---- -- p Sm 5 ~-m~ ~ 1 II ~ GjX C~ z°'iy ~m ppVV-c, ^ NN QQ ~ 1 ~ 9pw 25 mmF r ~ rya ~ 1 ~^; - PA I ~ ._ __ _ , 1~ _ ~m ~ I , .._.. ~_. __. i 1 L ~ n a l \ I r / t w as v ~~ 9 A ~ ' u f ~; i g D ~m ~' ~: ~-~mx i w~~~ sx z~ ~ ~z _ ~~ N ~ ^`~ ~ °v m `~,' a ~ ~ CITY O F M E R I D IAiV CIVIL SURVEY CONSULTANTS, INC. ~° ° °` ,~«, e ~~ coNSUtnNC 6NGINEBR9 AND uND suteverOxs ~, ~ ,~~72+:• " WELL No. 27 PUMPING FACILBTIES 1~ ~,~...e, ~~ , `y BY-PASS PIPELINE -DETAILS ,.. „~,,,, Exhibit D-1, page 3 ~ ~ { ' ~ k ,I f I ~ i i S' ~ ' ~i~i~ ~ i '-; ~~ t '~ ~ p a r ' A ' i ~ I ~ i t ! ~ ~ ~ i 'S 1 ~ ~ l w . f Y i ~, ~ ~ ~ ` ~ i F ~ I II 4.~± i , , ~: ~. ji1. 5'. 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'° ~~ °°` „~ .•~••^~•, ~ CONSU671NC 6NGRaEERS AND IdND SURVEYORS 'a °' " '~~` •y a` ~~ WELL No. 27 PUMPING FACILITIES ,,,,a,,,,,^,,,,,.,, °,.. ~;'S9it' ~ BY-PASS PIPELINE -DETAILS ~ ~~~ .~ ,a"` ~~•~°°° .~ ~-°.,. Exhibit D-1, page 4 if i ~ I~ I (~ i ~~ i + I, ~ ~ (3 ' I tl ~ ~ k j ~~ ~~ ~~ iP t ~ II + i ~ 3 . ~ I f f I ~ ~ f # 4 ~~ 7 ~ ~ ~ !i' I ~ , ,. ~I ! I 1 ~ ~ . 2' = ~ ~'1. i~ GG p 1' ~ E ~ ~ ~ ~, + ~ ...999 y ~4 • ' " '' ~~' i I I ~ ~ ~ 1 1 ~ . ~ ~ ~~ ~ ~ Ef '~ a~ ~ 1 ~ . { yl / ~ i t + d ~ ; 6 /7 k ') ' 1 ~ s k I + a Q f 1~{ ~ p 1 ~; p['. H t H ~ i S~ ~ c x ~ E ~ ? 1 ~ ~~ 7• ~ j} ! 1 ~ ' II ~ ~r' ~ ~ _; f ~ ~ ~ ~ ~ ~ '! ~_ ~ 1 ~ ~j: 1 } 6 ~ ~ ' ~. ~~ I , I ; 1. 1' t , ~$ I ~ ~ f 3 ' 1~ ~ 11 t + ,~ ~ I 3 ~ ~ ° ~ 4 ` ; ~ II ! k F ~ 1 E i; f I ~ a 1- ~ V F ~ ~ ( ~ i ~ i i ~i r ~ ; II 7 v ~ ~ i . 3t 1 ` ~ 1 } ~ I '~ ~ ~ I ~ II 1 '` ~ I i $ ~f- 1 Ii, i I I I ~ III ~. t ~ ~I ~ I ~ ~- li ~ ~ ~ ~ l A ~ ~ f _ III ~ ~ ~ S~ ~~ i+ ( 1 ~ ~ 1I ~ ~ I h I : ~ .I S ' ~ .R f''-I ,i. ~ ~ ~ ~ ' i~ ~ ~ ~ ~ • • July 3, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT Mayor's Office ITEM NO. 6-/4-~ REQUEST Budget Amendment for Meridian Arts Commission for $4,500.00 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: l-~ --1 ~~~~ 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: Mater)als presented at public meetings shall become property of the Clfy of Mertdlan. _ I ~~~ i ~ 4 ~ ~ ~~~ _ 4 ~~_ !~ ~S ~_ y d3pp _ ` ~ ~. k ~1 ~ I y I p ~ F~ ~ k ~ ~ ~,j ~ P I r <~ ~ ~ k~ i~~ j' ' aF ~ i I ~-i tk's I } Pf f~ ~ ~ f ~6 . 1 ~ I 2 ~ ~ 43 ~ F~ i4 'h{ ' ~ ~~ 7 ~. ~ E ~ ~~ ~ 1 ; ~ tr ' , ~ , ~ I~ ,~ k .~ ~ ~ ~ ~ ~ I ' ' Ivy ~ ~ 3i ~ ' ~ ~ ~ ~ ~ ~ , 7 ~ ~ ~ ~ ~ a i ; } 3 Y ~ -~ i ~. ~ ~ r fr ~ ~ k r ~ y .~ ~ is 'vi ~~ i ~ ' )~ Y ~ yy t F ''(}} ~ i i '~ f 1 - ah ~ y F: ~ ~ t x ~ i ~ ~ } ~ ± 1 I t c 1 ~ ' 7Y, i ~ ~ f ~ 1 1 1 ~ ~ 1 ~ S 1 m~ ~ 3 ~~ r ~ ~ !~ ~ ~ . i{ ~~ ' ~~ ~ ~ .~ N' t t 7 ~ _ r ~ F . ) , .e`~i ~ 1 r ~ °_ N ~ t0' T ~" > > 3 m ~ m m ~, ~ a ~_ ~ °c ? ~ ~ v ~ m ~ m n o ~ ~- ~- a~ ~' a m a m ~ a ~. a ~ - o m v,. < 0 N~ ~ ~ N ~ C") ~? m ~ ti n. ~ ~ m 3 m ~ C~ -o ~ co d ~ W is ~- o ~ w ° ~ ~ =_ ~.sm m m ~ C1 n~i ~ ~ o~~ m C O n O~ C y o m ~, ~~~g . 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O • • July 3, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT Finance Department ITEM NO. 6-8-1 REQUEST Commercial Painting Change Order No. 3 for $78,745.00 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~~ ~d~~-- 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 CHy of Merldlan. ~ ~ { F I l q p i ~ t ~ ~ ~ ~ ~~ k ! ` ' ` i ~ , ~ i ~ ~ ~ rj~ '~ ~ x i ~ i ~ ~f ~ , ~,~ ~ ~ a~~ ~ ~ ~ z ~ i ; ~ '~ ~ ~' ~ I ' ~ '~ t ~1 ~ - 7 ~ f ( ~ , ~ A ' ~~ ~ ~ ~t N + 1[ ~ { ~ ~ 4 ~ f Y I l ;~ t ~ ~ i )) ~ ~ ) , ,~~ r ~k ,: l~ ~ L ! ~ ~~ s; N ! a i ~ ! ~ ~ ~~k i ~ ~~i ~ C, c ~ . p i ~ -~ t ~ ro 1 i~ ~ ~' 4 ~ I e Y as ~ . kY' ~ F t ~ t kk ~ { j ~ 1 ; i ~ ~ ve ~ ~ ~ ~' ~ i ,- ' ' }~ t I ~ h I i I t ~~ I { 1 # ~ ~ , ~ ~, :, ~~ ~ ! ~ , ~~ ~f I. ~ ' ~ ~~~ ~ ~ ~ I ~ . ,P ~ ' ~E ~ - ~ t ,, ~ x d ~~ - , ~~ ~ ~~ ~ , ~ k 3 _ t ~ t ' ~ t ~ _ ~ ~ 1. } t~ r ~i1 ~ ~ ~ 4 ~ ~: r ~ ~ ~ i ~ i j }} l~ f 4 ~ 9 F ; 1 ~ t ~1 !j ( ~ cam, Fr F- C.i 7 ~ ~, ~ P 1 i~ li t ~j 1 ~, ~ s # i~. ., ~ ~ 3 r - t 1 ~ 4 CITY OF MERIDUN 33 EAST IDAHO MERIDIAN, !D 842 CONTRACT CHANGE ORDER CHANGE ORDER NO. 03 PROJECT NO. CH-0S-~1 SITE: 6/8!03 EFFECTNE DATE: CONTRACTOR: COMMERCIAL PAINTING CONTRACTORS PROJECT: MERIDIAN CITYHALL - Phan 3 Tenant Improvements The Contractor b try directed to make the talfawir~ cllarlges iroln the Corltred Danlmanls ara! Purls. Dsacription: Incorporate revisions par ASPS 81, 83, 64, 86, 90R2.83, RFPS 104,106,107 3 PR d0'1 per attr:clled PCOSS, dabd !W>i~ ALL OTHER TERM8 AND CONDITIONS REMAIN TFIE 8AlAE Reason for Change Order. Adl6tlalal scope or revisions per INeted ASPS, RFl's 8 PR Attachments: Change order f001r1s descrlptlan, dated 8H8~, vvltlr cordracbor quotes CHANGE IN CONTRACT PRICE: CHAFE IN CONTRACT TIMES: Original COntraCt Price $151,275.00 Origins Contract T'&nea: Substarrtlal Completion 8l28l~ Nat changes form previous Change Orders Net changes form previo~ Charge Orders $22,385.00 None Contrail Price Prior to this Change Order. Contract Tlrrres prior to this Change Order. (/~ndar days ar dale) $173,860.00 ~ Net Increase (deorea~) Of this Charge Order. Net Incxeass (dee~ae) of this Change Order: ( days m da1B) $773.00 ~ Contract Prue vlipr all Approved Change Orders: Contract Thrres v-dh aQ Approved Charge Orders: 5174,433.00 (calendatdeys) Substantial CornpleEon 8~ RECOMMENDED: (CONSTRtACTHON ACCtPTED: (CONTRNCT Petra Ina mntenc~ll Pam Con lay: Thomas R CoughM gy; ~~ Maven Date: Owe: fi -ZIP ~ 8 APPROVED: (crn Pu Acret~ COUNCU. APPROVAL ~~ ~ ~~~~~,,'1~ 111111////I I II ~' S ' O ~ ~ ~+ $ `~ Date: \~ APPROVED: ( ~ ~~/J~ TTEST: ~~ L~ C~~{' yor T de Wee 1y: City Chirk. aYcee Holman 8~ 1 ' ~ ` = Date. / '' V ~~Y ~ ~~I /~ Ii i r r 'IJJIJI/1Ir1111111111,, a_' ~Yt~, Of' ~1er~c~a~ r~;r~y ~lsrl~ (aacc To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Council, Tom Coughlin Date: July 2, 2008 Re: July 8 Ciiy Council Department Report The Purchasing Department respectfully requests that the following item be placed on the July 8 City Council Agenda under Department Report. Commercial Painting Change Order #3 Additional work per Architect's Supplemental Instructions "ASI's" #81.83, 84,86, 90R2,_ 93, RFI's 104. 106, 107 & PR #01 All work under this Change Order #3 will be completed pursuant to the existing Painting contract dated September 4, 2007. Total contract amount is now $174,433.00. Budget for this contract is $78,745.00. We are over budget by $95,688.00. These changes are City requested changes. Recommended Council Action: Approve Change Order #3 to Commercial Painting for additional work per the attached, for aNot-To-Exceed amount of $773.00 authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 '-~ ~ ~ ~ ' I ~ g I ~:~~ ~ a ~¢ ~ 8 ~ ~ ~ ' {~ ~ ~ ~ ~~ '~i I A~ ~ f ~ ~ _~ t ~ '~~ ~ :~: >; ~ ~ ( ~ ? 3 4 ?~ I 7~ I ~ , . q t y[ tt tt y[ L~): 1 @ ~` !~: bi a ~ ? ,9 T ~ I ~ . i }} `. i~~~ f' , k ~ ~ ` ~~,T 1 ~` ~t: w ~ ~ ~ t ~ f ~ i t k f y ~ i a #~ s ~I ~ ~ . i I i ~ i ~~ ~ f i ~ f + ~ ~ ~ ;, , ~ ~ ~ _ , $~ i ~ t i ~ , i 4 I ~~ t +j , ~ ~ ~ ~ t ~' ~' ~.~ 1~ f { ~ 1 ~ ~ ~ i ~ ,i y Ir ~ ~ ~ t ~!~ t f ~' f ~ v { & ( g6 i ~ ~: - l r t ~~ ~ ~ ~~ f ~ ~; f i ~ t F .~ { ? i k ~ ;i , I~ ~ 1 ~ ~, t 4 ` ' ~ I G I Y ` ' '~ )) ~ , ~ ~' I J I °_ ~ f 1 ! ; ~~ , i ` P i 1 i i ~ 4 ' I- 1 4 ) { 1 } f~ ~ f f I ~t ~ ~ ~ ~ ~ € i '' ~ ~ 7 TRANSMITTAL No. 00775 QFNR'R AT. CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 PRO]IECT: Meridian City Hall # 060675 DATE: 6/25/2008 TO: City of Meridian REF: CO for Comm. Painting 33 E Idaho Avenue Meridian , ID 83642 PHONE: 888.4433 FAX: 887.4813 ATTN: Keith Watts CELL: 631.6469 W E ARE ENDING' SUBMITTED FOR: ACTION TAKEN:. ^ Shop Drawings ^ Approval ^ Approved as Submitted ^ Letter ^ Your Use ^ Approved as Noted ^ Prints ^ As Requested ^ Returned After Loan ^ Change Order ^ Review and Comment ^ Resubmit ^ Plans ^ Submit ^ Samples SENT VIA: ^ Returned ^ Spedflcations ^ Attached ^ Returned for Corrections ^ Other: ^ Separate Cover Via: ^ Due Date: ITEM NO. COPIES DATE ITEM NUMBER REV. NO. DESCRIPTION 1 1 6/25/2008 CO#3 for Commercial Painting Remarks: Please see the attached CO#3 for Commercial Painting STATUS Please sign and date below your receipt of these submittals and return the'File' copy to the receptionist at our office. Thank you. ~ttL~~ Date ~~~ ,W ~~ ~~: Signed Expedition %his Communication contains proprietary business information and may contain confidential information. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. if you have received this communication in error, please immediately destroy, discard, or erase this information. i ~~ TRANSMITTAL i~ No. 00775 323-4500 BOISE, IDAHO RCE-1875 ~~rnruu,e.r- CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 PRO]1ECT: Meridian City Hall # 060675 DATE: 6/25/2008 TO: City of Meridian REF: CO for Comm. Painting 33 E Idaho Avenue Meridian , ID 83642 PHONE: 888.4433 ATTN: Keith Watts FAX: 887.4813 rp~ ~ , ti~i Fatio ARE ENDING:. susMrrrEn Fort: ACTION TA10:N: ^ Shop Drawings ^ Approval ^ Approved as Submitted ^ Letter ^ Your Use ^ Approved as Noted ^ Prtnts ^ As Requested ^ Returned After Loan ^ Change Order ^ Review and Comment ^ Resubmit ^ Plans ^ Submit ^ Samples SENT VIA:- ^ Returned ^ Spedflcations ^ Attached ^ Returned for Corrections ^ Other: ^ Separate Cover Via: ^ Due Date: ITEM NO. COPIES DATE ITEM NUMBER REV. NO. DESCRIPTION STATUS 1 1 6/25/2008 CO#3 for Commercial Painting Remarks: Please see the attached CO#3 for Commercial Painting CC: Signed: ~~~~~ Tom- Coughlin Expedition This Communication contains proprietary business information and may contain confrdential information. If the reader of this message is not the tended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that arty dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication to error, please immediately destroy, discard, or erase this information. • • ~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CHANGE ORDER NO. 03 PROJECT NO. CH-06-001 DATE: 6/5/08 EFFECTIVE DATE: CONTRACT CHANGE ORDER CONTRACTOR: COMMERCIAL PAINTING CONTRACTORS PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 81, 83, 84, 86, 90R2, 93, RFI's 104, 706, 107 8 PR #01 per attached PCO#3, dated 5/19/08 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's, RFI's 8 PR Attachments: Change order items description, dated 5/19/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $151,275.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 02 No._ to _ (calendar days) $22,385.00 None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $173,660.00 s/2s/2oos Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order. (calendar days or date) $773.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $174,433.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA ACCEPTED: (CONTRALTO Petra Inc. (Commercial Paintin Con ac r By: Thomas R. Coughlin By: Keith Martin Date: Date: ~' _ Z~ ~, ~ 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: ~ ~ i i ~; ~ ~ ;~ ~ ~' ~ I ~ ~t '~ ~ I I t , ! ~ ~« t , ~~~ I ` ; ~ ~' { ~ ( ~~~ l s ! a, ~ , ~~, ~ w ~ ~ ~ ,~ ~ ~~ { ~, l r, i ~ ~ i ~ `' ~ ~' t ~ + ~ f I . ({ ~ ~ 1 f I t ''~~ ' S. - ~` F 1 ~~ ~ { t ~ j {k i ~~ ~~ ~ f kj ~ p j ~ !~ ~ , z } ~ ~~ ' i aa f ~ p ~ 0r {~ f ~ _! ~ 1 I" t ~" 1 I 1 I~ ' ~.~ ~ ti i k li !~~ i i f, - J ~ , t' ' ~ ~ 1 I )' I Il ~ ~~ I ~ ~ t ~ - Q ~ . ,1 ~' i „ ' Y; ~ _~ n ~ , ~ I. i ~S ~ ~ 1j ~ ~ ~. ~ ~ ~ ~` . ~ ~ _ -, l ~ ~ ,~ ~ . z ~ k ' . r I ~° i ~ , I,, ~ ~ ~ I , ~, t . 1 a ~ ~7_ ~I I ~ U , ~ , + E ~i ~ ~ i fa ~ l ~ f t ~ f , ~.~jq~~~ .~' ~ ( ~ ` ! j. 1 111 3 1 ~ 9 ~ ( i ) ((~ I I~G ~ £ ~ r E i , ~ 1 ~ it ~,~ k ~1 ~ ~ ~ ~ ~ l i ~ ~ ~y , ~ ~, =i~ , 1 { r ~ r ~ 3 F ~ ~ i ~ f r i I ,E I t, ~ ~ ~ ~ c . ' i l; . ' ~~ j t,~ ~. ~ ' ~ ~ . : ' ~ i ~ r x k ~ f ~ a ~~`1 OPOSED CHANGE ORDER No. 00003 323-4500 BOI5B, IDAHO RCE-1875 G}~NERAL CONTRACTORS C'_~~~C,Q,e,~ ~ ~ 3 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: ASI, RFI, PR Pricing. Phase III DATE: 5/19/2008 PRO]ECT: Meridian City Hall ]OB: 060675 TO: Attn: Keith Martin CONTRACT NO: 28 Commercial Painting Contractors, Inc P.O. Box 1.115 phys: 16531 Plum Rd. Caldwell, 83607 Caldwell, Idaho 83606 Phone:208-453-1898 Fax:208-455-7537 RE: To: From: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Etem Description Quantity 00001 PR#01 Mayor Suite Revisions (RFP#01)- Revise 1.000 location & configuration of the Mayors Suite 00002 ASI#81 Second Floor Office Revisions (RFP#02)- 1.000 Revise & add office and conference space on 2nd Public Works & Flre Dept areas. Commercial Paint quote 4/15/08 00003 RFI#104 Beam Furring (COR#11)- Paint new 1.000 beam soffits. Commerdal Paint quote 4/7/08 00004 RFI#106 Fire Riser Room 130 Enlargement 1.000 (COR#12)- Paint new wall. Commerdal Paint quote 4/15/08 00005 RFI#107 Basement RR 019 Fan Unit Aces 1.000 (COR#13)- Delete epoxy paint finish on restroom ceiling. Commerdal Paint quote 4/Zi/08 00006 ASI#83 Exterior Sunshade Paint Color Selection 1.000 00007 ASI#84 Canopy & Roof Steel Paint Color Seledaon 1.000 00008 ASI#86 Fume Hood Braces (COR#14)- Paint two 1.000 steel braces. Commerdal Paint quote 4/25/08 00009 ASI#90R2 Finish Color Legend (COR#17) 1.000 00010 ASI#93 Add Wall at Room 257 (COR#16)- Paint 1.000 new wall. Commerdal Paint quote 5/13/08 Units LS LS Number: Unit Price Tax Rate Tax Amount Net Amount $0.00 0.00% $0.00 $0.00 $358.00 0.00% $0.00 $358.00 LS $200.00 0.00% $0.00 $200.00 LS $150.00 0.00% $0.00 $150.00 LS ($125.00) ~ 0.00% $0.00 ($125.00) LS $0.00 0.00% $0.00 $0.00 LS $0.00 0.00% $0.00 $0.00 LS $60.00 0.00% $0.00 $60.00 LS $0.00 0.00% $0 ;00 $0.00 LS $130.00 0.00% t $0.00 $130.00 Unit Cost: $773.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Tonal: $773.00 ~.~ ~.e.,.,,~. Bv:~,, Date: Expedition Contractors, In Lombard Conrad Architects Date: (P' ~ (p ~ ~ ~ ~ ~ ~ ~ F ~ a ~ @ i S ~ ~ ~ ~ i 4 i ` ~ i s ~ ~ ~ ' ~ ~ + S ~ : ate. i i ~- ~ .~ { ~ 1f r1 ~ i { F r i , ~ . E . ' ~ t ~ ~ r.~ ~ . . a~ ,~ ~ ~ ~~:~~ i t ~ ~ ~ I ~ ~ j i s ~ i ~ ~ t ~ ~ i I , ~ ~ { t.f it ~ $ ~ 1 ° ~~~ 1 t t li - ~.k ~ ~ ~~ ~; i ; E I ~ ~ ~ iii ~ t j ~ - ~ ; I ~ p i 3 f ~ ,, . ~ ~ ; , ~ .i. ; I ~ ~' k :.Iii ~ ~ :~ i ! { ~ ~ ~ t , ~ ~ ~ i i' j (r . , 's ~ 4 z f`, ! ~ ~ ~ M ~ r ,~ r. ~ ' ~ d ~ I ~ t I . ~ f I `'I I ~ ~ • f I i. ~ , , _ e • MERIDIAN CITY HALL PROJECT NO: CH-08-001 COMMERCIAL PAINTING CONTRACTORS -Phase 3 (28) 05/19/08 CHANGE ORDER NO 3 CHANGE ORDER ITEMS 1 PR 01 Mayor Suite Revisions (RFP-01) 0.00 Revise location & configuration of the Mayors Suite. 2 ASI 81 Second Floor Office Revisions (RFP-02) 358.00 Revise & add office and conference space on 2nd Public Works & Fire Dept areas. Com Paint quote 4/35 3 RFI 104 Beam Furring (COR#11) 200.00 Paint new beam soffits. Com Paint quote 4/7/08 4 RFI 106 Fire Riser Room 130 Enlargement (COR#12) 150.00 Paint new wall. Com Paint quote 4/15/08 5 RFI 107 Bsmst RR 019 Fan Unit Access (COR#13) (125.00} Delete epoxy paint finish on restroom ceiling. Com Paint quote 4/21/08. 6 ASI 83 Exterior Sunshade Paint Color Selection 0.00 7 ASI 84 Canopy & Roof Steel Paint Color Selction 0.00 8 ASI 86 Fume Hood Braces (COR#14) 60.00 Paint two steel braces. Com Paint quote 4/25/08 9 ASI 90R2 Finish Color Legend (COR#17) 0.00 10 ASI 93 Add Wall at Rm 257 (COR#16) 130.00 Paint new wall. Com Paint quote 5/13 773.00 Page 1 of 1 ' a ~' - ~ ~ J `~.~ f ~x ~ i ~ ~ 4 ~! ~ ~a t a ~ ~ ~ q ; ~ ~ ~ ~ ~~ I ~ ` . e ~ ~. ,~ fir- ~ a e t i g ~ ~ ~, ~ l ' ~I~f ~ ~, ~~ ~- °, ~~ t` i ~ ~ i ~ { i ,, r ~ q gyp` [ ~ f ~i b ~k. T. i ~. t ~ I 3 =c+ s j' ~ i f r. ~ i a ~j f~ ~~,.{ I s~ a 03!21/2008 08:35 208455l53~ G~MMEfiC;lAL h'+41N1~ h'Ata~t bl/bl Co~nercial Painting Caar>rrractors, Inc. P.O. Bax 11 I5 Caldwell, .Fdaho 83606 20$/453-1898, Pam 20$/455-7537 Federal :[ID # $2-0514299 RCE ~ 3490 'CO: Para, Inc 1097 N Ttosario Meridian, Jdalro 83642 ATTN: Tom 03/21/2008 ~~ ~®1 308: Meridian City Ball PP, #1 Proposal for furnishing material and labor in compliance of tb~ following specilxcations. Bid Includes: Paint ~inlxshes to revised "Mayor.'s Suite Area" per proposal request dated 03/06/200$. Total -- No Crest ll~ouupstct Monthly progressive Billing to 95%, and 5% upon completion_ 'Worlters Comp. and Liability T.nsurance Ceriat'icates on request. Public V~orks #.14413-B-4(31,36,94), CD,regon CCI3 License X143050. Proposal good far 30 days. Acceptance o#']?roposal BJ[~3 F~tOFOS,~L :~eith Martin, President Pear18. Martin, Sec/'I'reasurer ~ ~~ ~~ F ~ ~ ie 2 ~ t~ ~? ~ ~~~~~~. ~ zip ~ '; { . ,iii , 3~j ~ ~ `~ ; ~ ~~ ~ ~ i ~. ~ : ; { I t e ~ ~ .~ ; I~ `~ ° ~ i '~' It ;~ ,4 ~ Y~ -~~ ~1` • ~ Y~ . ~ ~ i `'' rid ~ a ' ? ~ ~' 1 ' ~ t i _ ~ rr44 ~~~111... 3 t i ' ~ ' l ~ ~ ~ n ~ '~ P ~ ,~ ~ ~ r ~ ~. ~ i o ( S~ ~ ~a P~ q yj ' ~Y i k j ~~ ,. ~ ~ ~ ) ~ ~ r ~ -1 i ~ ~ 1 ~ ~a ~ ~ ~ '" ~~ i ~; ~ : ; ~ 5~ ~ ~ 1 ~ i ' k ' > ip~~ ` ~ ~ -b} ~~ ~ ~Z ry` i ; p i` E ~ i ~ ~~ t 1~ ~! ~ i~~ ~ r , 3 ~ i E ~~ 1,, ~ ~ f ~a ~ . ~ i ~ ~_. ~ ~ D ~ 4 . y ~ r J' ~ t s ~ ~ ~ 4 y~ f t `~ ~ ~ , ~ E 1~1 ` ~ { ,~ 7 ~,~ ~ ~ ~ '~ ~ a ~; ~ _~ ~ ~ ~~~ WE .~i ~ f I ~ .F ~~ ~ i .D~f ~ ~: ~ ~` ~ t Hpr ~5 ~UUH ~ : 5JF'M I:om~rc i a l F'a i nt i ng zU57537 Commercial Painting Contractors, Inc. P.O. Box 1115 Caldwell, Idaho 83606 208/453-1$98, Fax 208!455-7537 Fedec~l ID # 82-051.4299 RCE - 3490 ~'HANGE GIRDER .REQUEST TO: Petra, Inc 9056 W. Black Eagle Dr. Boise, Idaho $3709 ATTN: Tom Coughlin JOB: Meridian City Hall Full Tenant Improvement w/ MEP'S Meridian, Idaho Proposal for famishing material and labor in compliance of the following specifications. Bid includes: Add paint finishes per ASI #81. Total Add -THREE 7HiJ1YDRED FIFTY EIGHT DQLLARS & N0/108..~.~,...---8358.Oa Monthly progressive billing to 95% and S% upon completion. Workers Compensation and Liability Insurance Certificates on request:. Public Works #14413-B-4{31,36,44}, Oregon CCB License # 143050. Proposal good fvr 30 days. Acceptance of Proposal ~oaq~7~ ,~ ~''!J Keith Martin, President Pearl E. Martin, SeclI'reasurer p. Z ~wr^ ~~aw 1 ~ ~ . i i ( ! s .~ ~ ~ ~ ~ ~ ~ ~. .v, ~- r r E ~~ ~ t' ~ ?. , 2 ~ ' ~ ~ ~ ' ' , ~ ~ f ~ ~ k t3 ,r t~ ~ ~ ~ ~ E~ ,~ r # ,! ~ ~ ~ yyyppp~ ~S k ' ~ izf ~ ~ ~ ~1 1~ ` ~ e ~ ~ S 7 F3, {{ ~~ I ~ ~ ~ ~ i hh ~ z ~,9 ~: ~ f~ f. t, a~ 1 'i t '' ~ ~ ,, i (` y 6 ] ~ t { ~ i (( j :I ~ ~ ~ 1 ~ t { f ;~ ~ . - ! ~ ~ ! t ~ ~7 ~ ; I ~ f ~ ;1! ` `Z ~ 7. k 4 ~ "~~ E i. ~ ; ` 'f ~ ~ ~ 13: t ~ 3f y~ j ~ Ti ~ ~ ~~ { I ' k lj E ~ ~ , ` ~~ ~ . ~ j ; ~ ~ _ ~ , i F a E [ 1 _ ~ f ~ ~ ~ 4 +~ :' ` y~ ~ ~a~ Y lei ~ /F/ ? t ')# `(~`( ~ i y May 19 2008 8i18HM Com~rcial Painting f 9 ~ f Commer©at Paintimg Coutractor~ Inc. P.O. Box 1 l 15 Caldwell, Idaho 83605 20$/453-1898, Fax 208!455-7537 Federal ID # 82 OS 14299 2057537 p.l ~~' ~~ 04/07/2008 ~~ ~ rl RCE - 3490 ~ ~1~~ ~F~ANGE ORDER REQUEST TO: Petra Inc. JOB: Meridian City HaII 1097 N Rosazio C.O. Request #11 Meridian, Idaho 83642 ATTN: Tom Coughlin Proposal for furnishing material and labor in compliance of the following specifications. Bid Includes -Add paint finishes to new sofftt area per C.O. request #1 1. Total -1'i7V0 HUl'~DIiED & NOI100 ~pp,pp Monthly progressive Billing to 95%, and 5% upon completion. Workers Cornp. and Liability insurance Certificates on request. Public Works #14413-B-4(31,36,44), Qregan CCB License #143050. Proposal good for 30 days. Acceptance of Proposal Keith Martin, .President Peat! E. Martin, SeclTreasurer y I ~ 1 ~tt ~ R ~ i } $.~ 1 1 ~. 1 '~ ~'' i f ~ .q ~ 9 ~: ~~ ~. ' 3 ~ s ` ~ SS '~ s ` , u dd f ~'~ s `p is~ ~ '' _~iz ~ ~ ~~ ~ l ? ~ ~~ j ~ ~ a i ~. ~ ~ r ~~_ s _ ~ . ~ ~ ~ ~ ' ;. ? #~ ? t t 1 ~ t c~ .e'rE~` ~ ti3~' [`~. 1 7 ~~ E 1 t~ 6 t li ~ w € s i ' ' ;~ .t. 1 1 ~~ '~ ~~~~ x.13. a~t ~ ~~ Commercial Paamten~g Contractdx, Inc. 04/15/08 PO sox 11 1. s ~.v /~ ~ i '~' Caldwell, Idaho 83606 208/453-1898, Fax 208/455-7537 ~ ~~~; a ~~ ~ Federal ID # 82-0514299 RCE # 3490 ~, ~ ~ ~~ C~,A~,~TCE OVER REQUES'Z' TO: Petra, inc 1097 N Rosaruo 1Vleridian, Idaho 83642 JOII: Meridian City Hall AT'TN.: Tom Cow Proposal fox :furnishing material and labor in compliance of the following specifications. Bid Includes -Add paint per C.O. request #12 Total - ONE ~U~TAREb F1~Y & NO/100 ~ S1.S0.00 Monthly Progressive BiIliug to 95°/u, 5% upon co~mpletaon. Workers Comp. and Liability Insurance Certificates on request Public Works # 14413-B~(31,36,44) Qregon CCB Licetase # 143050. Proposal good for 30 days Acceptance of Proposal Keith Martin, President Pearl E. Mat~f, Sec/TrEasurer F ~! ~ F ' ~ ~ ~ ' x~~ i. ~ 9 ±y ' 1 ~' f ~ I ~ }~ ~ ~~ ~ x ( f .. ~yyy ( ~ < } 3 j ~ ° ¢~ ~ ' f u } 4 ~ ~ k ~ ~ A ~ F ~~ gj( ~ F ~j > ~ ~ ~ ~ ~ I ~ ~ ~ j i~ ~ ~, ~y F -'f ~ ti ~ ~ } { ry -; j t f ~~ ~ t ' ~' ~ ~ if'' ~ ~ ) ~ i ! ~ ~ ~ , ' ~ ~ ~ nt~ t ~ [ ~ + ~ ~ yy ii } f ~ d f(~ ~ i H ~ 1 ~r ~ ; ~ . ~ ~ ~ ~ '~ fit.- ~ ' f ~ j r ' 1 ~ ~~ ~ } 1 E~ ! ~~ x ¢7' i ~~ f ~ b~ ~ ' i ~~ { ~ ;~ ,~ ~ } ; ~ ,.,t ,~ ~ ~~ 'y } ~1 ~_. ~ i ,k 11 ~ i ~J~ 1 ~ r{ ~ . i ,~ 2 # ~ ! ! F r,_ t ' 3 ~ 1 j 3 j ~~ ~~ ~ , ' ' ~~ ~ t ~1 } r r _ - i .C . . ~i ~ . ~ N 1, 'I nwf Gl! Guuo u t . 1u cuo•+uy f :JJ fO l.rUl°II"IGIGIaliL rHlIV I~17 rHl7C Gl! 101 Commercial Painting Contractor, Xnc. PO Box 111.5 Caldwell, Idaho 83600 208/453-1898, Fax 208!455-7537 Federal LD # 820514299 R.CE # 3490 C1~AI,~TGE ORA~R. ~tEQU~S'~' 04/21/0$ ~~ ~ ( ~ ~,~~ i~`~ 3'O: Petra JOA: Meridian City Hall 1.097 N. Rosario Street Rk'I-107 Bsmt RR a19 Fan Unit Access 1V[eridian, Idaho $3642 A,'a'TN.: "Cain Coughlin Proposal fox furnislwig material and labor in compliance of the followiu~g specifications. Bid Includes -Deduct Epoxy finish on ceiling in restroam #019 per C.O. # 13 dated 4/ 15/08 'Total Deduct -~ ENE ~CT.~TDRED'TWCN'TX FfVE & NO/100 ---°~-----$(125.00) Monthly Progressive Billing to 95%, 5% upon completion. Workers Conap• and J.~ia6ility .insurance Certificates o» request. Public Works # 14413-B-4(31,36,44) Oregon CCB License # 143050. Proposal good far 30 days Acceptance af. Proposal i Keith lk[artin, President - Pearl E. Martin, Ssc/~'reasurer ~ ~~ ; . f~ E ~ ~ t ~ j~. x t ? t - 11 S Z 3 t ) ~~. a Z ~ ~ t~. ,} ~. ) ~ ~ i ~ ~ ~ i ~ f w -I -3 f ' ' .. ~ t r ~' Y i t~ - i i t T t 4 ~ ~ y. z ~ ~ t i ~~ t ~ f r Y ~ i _ S ~~: j ° ~ :~ ~ ~ ~ ~~ ~~ fi ` .t- fix- I -, ~ ~ ~ ! 1 i ~* I ': ~ , ~, ~~ r t t ~ r, 3 ~ t ~ ~ ~ i ~ ~ E ; E ' f I +~ _Y ~ ~ ~ ~i ' $x ij 3' i ~ ~ ~ i ! a s ~ {{ t ~ ~; f ri _ i Flpr 25 2008 2:59PM Comrcial Painting 20857537 Commercial Painting Contractors, Inc. P.O. Box 11 I5 Caldwell, Idaho 83606 208!453-1898, Fax 208/455-7537 Federal ID # 82-0514299 RCE - 3490 p.i CHANGE ORDER REQUEST TO: Petra, Inc 9056 W. Black Eagle 1?r. Boise, Idaho 83709 JAB: Meridian City Hall ASI-86 Fume Hood Braces Meridian, Idaho ATTN: Tom Coughlin Proposal for furnishing material and labor in compliance of the following specificaiti.ons. Bid Includes: Fer C.d. Request #014, add paint finishes to two (2} steel braces. Total Add - SIXTY IDOLLARS & NU1100------.----~____.__~a_~___ _~S6a.~ Monthly progressive billing to 95°lo and 5% upon completion. ~iVorkers Compensation and Liability Insurance Certificates on request. Public works #14413-B-4(31,36,44}, Oregon CCB License # 143050. Proposal good for 30 days. Acceptance of Proposal Keith Martin, President Pearl E. Martin, Sec/Treasurer j ~ ' ~ ~+ ~~ ~ ~; ~ {" ~ ' t~ i l fit. ~ ~ f~ .~ } i ,1 ~ ~ ~#~ 1 ~ ~ ~ ~ R~ ~ I .. z ~.j ~ ~ _> ~. ; to }~ 7~ t 1`„ ? ,1. 43 # 1 t r it i e ~, i_ ~~ 6 , , 1 ,t ~ ~ i z {. ~. 1 ~ ~~' ~ ; , ~ f ~ ~' ~ w E~ I 1 t ~ i ~ Y. a ~ ~ ~ ° c { FT ~ t ~`~ ~ t ,t ~ ( ~ h ' f t i `~ ~ ~ ~ ~ ..,`~ ;s z ` '~ ~~ i `~ a i s a ~.~ .~: .mot it .a.: _ ~! I.: t ~,£ ~ v t ~' t r. _ ~ ~a ~ j ti May 16 2008 3I: 32PM Com~rc i a 1 Painting 2057537 p. 1 Com~rtercial Pain Contractors, Inc. CHANGE ORDER REQUEST os/16/zoos TO: Petra, Inc 1.097 N Rosario Meridian, Idaho 83642 106: Meridian City Hall Meridian, Idaho ATTN.: Tom Coughlin Proposal for furnishing material and labor in compliance of the following specifications. Bid Includes: Per AS-90R2. Total - No Cost Impact Monthly progressive billing to 95% and 5% upon completion. Worker Compensation and Liability Insurance Certificates on request. Public Works # 14413-8-4(31,36,44), Oregon CCB License #143050 Proposal Good for 30 Days Acceptance PO Bax 1115 Caldwell, Idaho 83605 Phone 208/453-1898 Fax 208/455-7537 Federa/1Q# 82-0514239 RCE-3490 Keith Mortfn, President Peor/ E. Martin, Sec%Treasurer + C x1 `` f ' I t~ ~ ~ "' i '~ t I P ~ € ~ ~ ~ i ~ I 's ~ ~' ; ~x jjj ~ f l ~ r ~~ ~ t {~ ~ ~ ~~ ~+ i~ ~ . ~, ~ ~ ~ r i i ~ '~ a ~ ~ , t ~, ,~ $- t ~5 t ~ + I ~ " ~ ~ ~" 1~ ~ ~ i ~- a,. b ~ ~ ~ ~~ 1 r ~~ 1 ~ S ' ~ ~ ~~ ~ ~d ~ ~ ~ ~ ~ U t t ~ E May 13 2008 7d34RM Comoial Painting 2087537 p.l Gammercial Pain C©n tractors, Inc. CHANGE ORDER REQUEST 05/13/2008 TO: Petra, Inc. JOB: Meridian City Hall 1097 N Rosario A5i-93 CO Request # 0016 Meridian, Idaho 83642 ATTN.: Tom C Proposal for furnishing material and labor in compliance of the following speafications. Bid Includes: Add paint finishes per AS!-93. Total Add -ONE HUN®RED THIRTY & NO/100 ----a-------- -----------~---- $130.00 Monthly progressive billing to 95% and 5% upon completion. Worker Compensation and Liability Insurance Certificates on request. Public Works # 14413-B-4(31,36,44), Oregon CCB License #143050 Proposal Good for 30 Days Acceptance ~' Keith Martin, President Pearl E. Martin, 5ec/Treasurer PO Box 1115 Caldwell, Idaho 83606 Phone 208/453-1898 Fax 208/455-7537 FederellD# SZ-0519299 RCE-349a r ~ ! ~ I r r ~ ,3 ~~ ~~ ~ ~ ~ ~ :~ i ~ .1 ~~~ 4 ~ t S „~~~ ~ tq~~;. ~ t i. ~ , ~ =1 ~~. ~ " ~E ~ ~: ~ .;. ! t.; ~ ~ ~:~: ~ E ~ ~.j ~ f (( ~ j ~ ~-P c ~, ~ ;i ~ ~EEE ~ s yE 5 ~ ( f ~ y yy ~' ~ { ` j o July 3, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT Finance Department ITEM NO. 6-8-2 REQUEST Architectural Building Supply Change Order No. 4 for ° , 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: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. r ~~~' ~ 1 f ~ ~ ~, ~ ~ x of i, s yam - i ~ i b~ ~:~ ~ ~ ~ . i~ ~ If - s f~. ~mt 3~ {~ t ~ ~ s• ~z ~~ z ~ -~ ~ ~~ • ~ ~ .;~ ~ ~ 1 1 ~ s ~ ~ [ ~ ~ ~ ` a ~ ~ ?' ~~ ~, s! m' ~ ~~k r ~ ~ ' s ~ ` r ~~ ~ f ~ ~ _ ~ f t 4 s . ~ ~ G < 3 , ~~ ~~ r, ~, ~ t ~~ j 1 , j ~ i k~~ ~ 1~ }'~ i ~ ~ f ~ 1 S j { r F ~ F ~ ` + ~ S ~ i ~ ~~ ~, ~' 1 ~ ~ D ~~ ~F• ~S (i (I~ L 11 ~ f ~ S I I i ~ ~a ~ • ~ 4f ~ ~I F '1 S ~ I S ~ i~ ~ ~ i e ~ ~ ~ , ~, f{ qz ~; ~ g ! , L ~ ~ ~ ~ fY - ~ ~ ~ilz x~ . i • 6 i ~ ~ i ~ ~ `, s ~~ s ~~ i :1 COMMENTS See attached Phone: CITY t)F MERIDlIW ~ EasT i~AHo NI!ERIDIAN, ID 83642 COIHTRACT CHANGE ORDER • CHANGE ORDER NO. 04 PROJECT NO. CH-06-001 DATE: 04/081 EFFECTIVE DAl'E: CONTRACTOR: ARCHITECTURAL BUHAMG SUPPLY PROJECT: MERIDIAN CP1Y HALL -phase 3 Tenant Imprr3vemeMs Contractor b herety dlrecbed ba rrrelce the toitowhrg changes from the Conb~t Documents and Phme. Description: Mcorporats revlstorrs per ASi's 818 8~ PR d01 psr attr3ched PCOF4, dated lH2WD8 OTHER TERiMS AND t~11901TION8 REIlAtN THE BAARE Reason !or Change Order: Additiorrd scope ar revisions par IMtad ASPS 8 PR chtrretrts: Change order Items dascrlptkm, dated 6t20/O8, whir contras quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Con#ract Price $ 277,230.00 origlrrai Contrail Times: strtlal Compkilan 828108 Net ~rrges form pry Change Orders Net changes form previo~ Change Orders No. 01 to 03 $19 494 00 No._ to _ (Defender days) , . Nom Cordrail Prioa Prior to Utie Change Order. Contract Times prior to the Charge Onier. $2ss,724.aa {t~terderdays~date, Nat Increase (deaoaaes) of this Charge Order. ~fI Net Increase (det~ase) of M~ Change Order $5 303 08 (t~ferMar days or data) , . None Contract Price with a0 Approved change orders: contrail Thtt~ with all Appntved Change orders: $;i02.Q27.f~ ( days) SubataMial Completion 8J28~f2p08 RECOAl94lENDED: (cowsrt:ucTfcN Et:) ACCEPTED: tcatrrrw-cro~ Petra Inc. itectural Building Supply t3y: Thonuy hUnr/~ Dile: !j 1~ 4$ By: Stewart Jerwen ~• ~ APPROVED: t~ PuRC couNCn. APPROVAL By: Ieein, Waus ate: ``,``,sr,urr.rr,e, . 7 - 8 - a8 .~~'~~ °~ _ . eta: -~ a ., ATTEST: t3y: Mayor anmry de "^`~~_ . Date: ~ ..8 - ~ By: City Clerk. ayoee Hotrprran = 8 Date: , - 0 d = '! .~ ~ ,, --. .~ .~ '/,''','~~Nrirrr H~N~~`,,``,``• rnror t ~~ ~ ~ ( ,~ , ~ '~ ~ '. ~ { ~( I 'I ~ i { ~ f ~ ~~ ~ ~ j ~ ~ + ~ ~ ~ I .. ~ i ~ I I 1 ~ t ~ I ^ ~ J i ~ ~ } !!3 I. ~ ~ F ~ i/ I e `` ~ r P ~ I ~ ~ ~ ~ ~ s ~ ~ , i r~~: ~! ~ l~ ~ ~' ~ ~ i. ~ ~ '', ,~'- L ~~ }' ~ ' ~~ ~ `. ' ~ ,} I ~ i ~ ~ ~~ ) s. yy~.` 1 % ~~ t ~ f - i ~', i ~. t7ai ~ 1~~~ ~ .~ 7 y~, L ' ' ~ y '~ ~i '.~ F 7 71, ~ ~.i I ~~ ~ ~ {~{ iR ~ fr ~ I: ~~: , _ ~ 1 ir` l~ ~ t ) ~ 1 1 I ( ~ ~ ~ ` +{ ~ ~I ~ tl ~ . ~ ~ ~ ~ ~~ ~ 7 i 3yy r 7 r~ u Memo l~ M ~ ~ ~ ~~~~ ~? ~%a~1C~ ~f~~~ To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Council, Tom Coughlin Date: July 2, 2008 Re: July 8 City Council Department Report The Purchasing Department respectfully requests that the following item be placed on the July 8 City Council Agenda under Department Report. Architectural Building Supply Change Order_#4 Additional work per Architect's Supplemental Instructions "ASI'sn #81 & 82, PR #01 . All work under this Change Order #4 will be completed pursuant to the existing Doors, Floors & Hardware contract dated July 17, 2007. Total contract amount is now $302,027.00. Budget for this contract is $172,350.00. We are over budget by $129,677.00. These changes are City requested changes. Recommended Council Action: Approve Change Order #4 to Architectural Building Supply for additional work per the attached, for aNot-To-Exceed amount of $5,303.00 authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 ~ ~ i ,~f •~~ s. ~ ~~ a~ ~' I, ~ ~ t a ' l ~ t ~ '.,~ t ` ` ' i j I ~ ; t . I 7 A ' 1 ( ~~ f ~ ~~ t ' 1 I ! ' . Vv ' c 34~ i ~i 3 ,~ #: ~ ~'~ ~]jj' .`1 i t~F f . 1)f ,.. f~. k~ 6; ,.~ '~ ~ ~;~ ?t.~ ~ ~ i ~ ; ` ~ ; # ` ~ ~ i 1 ~ ~ t~ ~ G f ~ I ` ~ ~ A ~ f f ~ ~ ~ ~ ~ ~ ` ' . F~ ~ ' i ~ p~ t [@ ~ ~ 1 ` ~ ~ f 1 ~ ' ~ Y { - ' t ~ ~ } ~ '' ' ~ f ~ ~ ~ Y 't'` ~~ ~ ` ~ TRANSMITTAL ~~ , ~ ~~ No. 00764 323-4500 BOISE, IDAHO RCE-1875 ,,. CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 PROJECT: Meridian C'Ity Hall # 060675 DATE: 6/17/2008 TO: City of Meridian REF: CO for ABS 33 E Idaho Avenue Meridian , ID 83642 PHONE: 888.4433 FAX: 887.4813 ATTN: Keith Watts CELL: F~1 _sasq WE ARE SEN G• SUBMITTED FOR: ACTION TAKEN: ^ Shop Drawings ^ Approval ^ Approved as Submitted ^ Letter ^ Your Use ^ Approved as Noted ^ Prints ^ As Requested ^ Returned After Loan ^ Change Order ^ Review and Comment ^ Resubmit ^ Plans ^ Submit ^ Samples SENT VIA: ^ Returned ^ Specifications ^ Attached ^ Returned for Corrections ^ Other: ^ Separate Cover via: ^ Due Date: ITEM NO. COPIES DATE ITEM NUMBER REV. NO. DESCRIPTION STATUS 1 1 6/17/2008 CO#2 & 4 for Architectural Bldg Supply Remarks: Please see the attached CO#2 & 4 for Architectural Bldg Supply Please sign and date below your receipt of these submittals and return the 'File' copy to the receptionist at our office. Thank you. e~t~ac-fer ~~~1 ~ a:~~s__ Date CC: Signed: ~~~ Tom Coughlin Expedition This C.'ommunication contains proprietary business information and may contain confidential information. If the reader of this message is not th intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately destroy, discard, or erase this information. i ~ ~ ~ ~ ~r S 1, ~ ~ s ~' ~ ~ ' c ~ ~ ~ i ~ ~ ~ ~ f , ~ s I I ~ s ~ ~ ~ ? ~ I ~ ~ I i ¢ ~ ~ r I f 33 ~ i ~ ! ~ i ~ ~ r t ~ s : S ,Is' j. I ?. ~ ~ ~ ~~g { I i t 7 i (~ x f ~' . ( ~ I s h I' ~ 1 ~ i~~ r , ~ t t. 5 ~ ~ ~ ~ ~ i ~ ~ i ~ i ;iv ~ i ~ ~ S h , ~ ~ ~ ~~ ~ ~ ~ ~ ! ~ ~ ' & # yyy ; i - ~ ~ ~ ~ ~ ~ ~ ~ I ~I TT S. 'F i ~1 ~ ~ k, ~ i ~ `t ': I ~ i 1 i i. ~ ~ ~ ~ , :a ? ~ I } ~ ~ f , ~ ~ . : t .:i z. ' Fff t_ ~ , 1~ . I ~ ` i ~ 99t + , r ~ ~ ~ ~ i, x'I N I . t i 4 ~ ~ ,4~ 1 ::~ ~ 1 i f~ i~ f ~~ i Z f ~ ~ [ I i ` 1 11;~ + I.. ' ` ~ + I I ~ ~ ~ k C- '~ i I ! I i. i - y i- ~ ~ , ~ . { } I ~ ~ ~ i ~ i F ~~ i ~ ~ ~~ ~l i i ~ f; ~ ~' i ' ' ; ~ t . ii~ ~ ~ ~} ~ r?j~ ~ ~ ' ; ~ ' ~;, ~ °, .: ~ it ~ K ,~ \ TRANSMITTAL A No. 00764 323-4500 BOISE, IDAHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 PRO]ECT: Meridian C'Ity Hall # 060675 DATE: 6/17/2008 TO: City of Meridian REF: CO for ABS 33 E Idaho Avenue Meridian , ID 83642 PHONE: 888.4433 PAX: 887.4813 ATTN: Keith Watts CELL: f,31 F,4F,A WE ARE SENDING' SUBMITTED FOR: ACTION TA10=N: ^ Shop Drawings ^ Approval ^ Approved as Submitted ^ Letter ^ Your Use ^ Approved as Noted ^ Prints ^ As Requested ^ Retumed After Loan ^ Change Order ^ Review and Comment ^ Resubmit ^ Plans ^ Submit ^ Samples SENT VIA: ^ Retumed ^ Specifications ^ Attached ^ Returned for Correctlons ^ Other: ^ Separate Cover via: ^ Due Date: ITEM NO. COPIES DATE ITEM NUMBER REV. NO. DESCRIPTION STATUS 1 1 6/17/2008 CO#2 & 4 for Architectural Bldg Supply Remarks: Please see the attached CO#2 & 4 for Architectural Bldg Supply CC: Signed: Expedition Th%S Common%cQt%on COYlLQInS prOpr%etQry bus%ness %nfOrmatlOn and may C011tain COI7f de%11aZ %%fOrmQt%011. If tl7e reader Of tl?[S meSSQge lS YfOt 1178 %I?teY/d2d reclp%CYft, OP the employee or agent respons%ble to delver it to the intended recipient, you are hereby notified that arty dissemination, distribution, or copying of this communication is strictly proh%bited Ifyou have received this communication in error, please immediately destroy, discard, or erase this information. ~ A f ~ - t - ~ j j , { ~ i ~ I ! ~ Y - ~ i 1 i I F _~~ t~ ~ ;~ #. ~1 n } }+ ~R ! , ~ ~ /j { ~ 1~ ~ ~ ~ ~ r 7 ) 14' t ~ ; 1 ! ~ ~ i . ( jj I }4 1 ~ ( t ( I ~} ~: pS ] ~ f P ~ I .~ I i i Y - i, l,i 3s~ ~ ~.~ ~- i' .7 ~ i ~I I ~i, I _ i ~ ~ !, ' ~ ~ ~~ , ~ , i .~ E 1 ~ lr ~~ i ;; 4 ;; ~. F S+ ~~ iP. ~ t f 1, ,~. ~ ! I ~ S ,j, ~ ~ , f , '' ' , I ; 1 , ,. ~ ,; , , ~ ~ ! i I ~. ~ I V k 4 It ~ i ~ ~ } ~ ~ i! ~~ ' ~i j r{~ ~~~ ~ t4 ~ ~ ~ ~ ~ ~v, , i .. ~1 }'~ I fi (~' i z ~ ~ ~ ~ ~ i t I , i ( $ ~ ` ~ § ` t r t ~ ` ~~ 3 ' ~ , i ~ ~ ' ~ s . i ~ + . ~ t ~ ; ~ ! ~ ~' '~F C F I t ,~ ~ i I ; is r s i ' ~ L , 1 1 ~ " I ~ t' ~ ' j G ~ i !$ r S r ` ' ~~ ~ ;~ ; r i CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 04 PROJECT NO. CH-06-001 DATE: 04/08/08 EFFECTIVE DATE: CONTRACTOR: ARCHITECTURAL BUILDING SUPPLY PROJECT: MERIDIAN CITY HALL -Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per ASI's 81 8 82, PR #01 per attached PCO#4, dated 5/20/08 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope or revisions per listed ASI's 8 PR Attachments: Change order items description, dated 5/20/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 277,230.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 03 No._ to _ (calendar days) $19,494.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendar days or date) $296,724.00 s/28/2008 Net Increase (use) of this Change Order: ~~~ Net Increase (decrease) of this Change Order. (calendar days or date) $5,303.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $302,027.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GER) ACCEPTED: (CONTRACTOR) Petra Inc. ~ rchitectural Building Supply By: Thomas . Coughlin ~~~ By: Stewart Jensen lG Date: ~~ ~ ~ Date: ~v APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (Cnl~ - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: $ d s ~ i ~ ~) ~ I ' I~ j t ~ r{} d ! F i ' k ~ ¢ t I_ K n f ~~~ i i ~ 4 . a~ I . j- a r+ M 11 i ~i ~ ~ ~ ,~' 9 ~ . ~ ~ ! I ~ ~` ) ~ ~ i ~ i' ~ I ~ ~. ~ , # ~ '. ~ , ~ ~ t ~ ~ ~ !~ ~ ~ i ~ ~ ~ Y:. ~ ~ ~ . i,7~ q PP r ~ t. .C S ~ ` '. 1~. ~~ ` tt ,~I t q~ ~ ~ ~~ ~ ~ ~ f } y 3 ~ a i 4 ~ f I i~ 6 ~~ FFF ~~ E I ~ f~ 1 & ~ ~ { ~4 ~ ~ A L 7 ~ , ~~ 1 ~ ik . Ej r f '' ~ / ~ 1 `~ i ~ ~ ~ F ~ i _ `~ 1, 1 + 1 I~: ~ ~ ~ [. ~ i 1 ~~ i . l i ~ ~ L ` ~ G If ~ ~ } l ~ ~ t ' ~ ~ ~: i , I ~ ~ ~?f~ '. ti ~ ~ I , i '~ ; ~ t;: F i F ~ s ~ ~ : ~ t ~ ~ ~ ~~ ~ ~ ~ ~ ' I ' ~ ` ,. I? ~ j~ ~ f ~ ~ s i i, 6 , i, ;~ ~ ~ ti ~ f t j ~ ~ q i+ ~ ~~ i• POSED CHANGE ORDER ~~ ~ No. 00004 323-4500 BOISE, IDAHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: PR &ASI Pricing Phase III DATE: 5/20/2008 PROJECT: Meridian City Hall SOB: 060675 TO: Attn: Stewart .Iensen CONTRACT NO: 22 Architectural Building Supply 960 E. Franklin Rd. Meridian, ID 83642 Phone:208-884-8917 Fax:208-884-5641 RE: To: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Item. Description 00001 PR#01 Mayor Suite Reivisions (RFP#O1)- Revise location & configuration of the Mayors Suite. Change hardware groups & add cylinders for new storefront doors. ABS quote 3/21/08 00002 ASI#81 Second Floor Office Revisions (RFP#03)- Revise & add office and conference space on 2nd Public Works & Flre Dept areas. Add HM door & frame, revise hardware groups. ABS quote 4/29/08 00003 ASI#82 Reverse Door Frame in Rm.103 (COR#16)- Reverse door and frame, change flush bolts to panic exit device. ABS quote 4/29/08 From: Quantity Units 1.000 lS 1.000 LS 1.000 LS Unit Price $843.00 $2,081.00 Number: Tax Rate Tax Amount Net Amount 0.00% $0.00 $843.00 0.00% $2,379.00 0.00% $0.00 $2,081.00 $0.00 $2,379.00 Unit Cost: $5,303.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $5,303.00 APPROVAL: sy: Date: -~ Expedition 1~ BY~ ~(/~ By: ~ Architectural uild g Supply Lombard Conrad Architects Date: ~ . (?- ®~ Date: ijp ~ ~ I o~ ~I*i ~1' ~i~l 3 y~:~~1l. i 7'. ~ ~ ~' I li. ~~ 1 ~ ~ ;` ' ~. i '.`~ r ;' T~ i ~' ~~E .t i `~'K I ~ ~?. #!:;; 1 1'; j(I ~ r' { ' ij, i s I x ~ ; .+ ~ j 1 i ~, Y ~ ` 7 ! ~. s ~ ,~ ,~ ,~ f ,€ c ff ~ + t i ~, i; f ;~ { ~ t ~, E G 3 ~ ~ ~ ~ i` ~~ r: ~ '~ ~ } e • MERIDIAN CITY HALL PROJECT NO: CH-06-001 ABS -Phase 3 (22) ~ 05/20/08 CHANGE ORDER NO ;~ CHANGE ORDER ITEMS 1 PR 01 Mayor Suite Revisions (RFP-01) 843.00 Revise location & configuration of the Mayors Suite. Change hardware groups & add cylinders for new storefront doors. ABS quote 3/21/08 2 ASI 81 Second Floor Office Revisions (RFP-03) 2,081.00 Revise & add offce and conference space on 2nd Public Works & Fire Dept areas. Add HM door & frame, revise hardware groups ABS quote 4/29/08 3 ASI 82 Reverse Door Frame in Rm 103 (COR#16) 2,379.00 Reverse door and frame, change flush bolts to panic exit device. ABS quote 4/29/08 5,303.00 '. ';. ;_ ~~ ~; ,. ~ ;1 t ii 'i ~_ i t • ~r. ~+~I-~~~r~~~-Ut. s ~ ~, ~ .-.. ~~. ;y-~=~: ~ ~ F B U 1 LD I f'~~G S 11°~PL~if ~ ° Z2 Change Order Request Form ~P ~° ~ Company: Petra Inc From: Stewart Jensen Email stewart@absdoors.com Date: 3-21-08 ~, ~ Attention: Tom Coughlin Job: Meridian City Hall Q~°' Phone: 323-4500 i~~`` Fax: 323-4507 Email: toughlin@petrainc.net Change Order Information: PR #1 -Mayor's Suite Revision Here is the pricing for the above requested change. Dr. Qty Description Item No. No. Ext Sell w/Tax 1 Hardware Change ftom group 31 to 35 344 (53.71) 1 Hardware Change from group 35 to 25 352 63.60 1 Hardware Stay with group 25 353 - 307 2 Lock Cylinder CY-1 34g 98,93 307 2 Lock Cylinder CY-4 34g 98,93 1 Frame New Sidelite type DD -Change handing 351 635.24 Total for this Change $ 843.00 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 • www.absdoors.com ~ s Tom Coughlin Page 1 of 1 From: Stewart Jensen [stewart@absdoors.com] Sent: Friday, March 21, 2008 2:38 PM To: Tom Coughlin Subject: PR #1 Pricing Attachments: ABS CO #13 - PR #1 Mayors Suite Revisions.doc Tom, Here is the pricing that you request for the Mayors Suite revisions. Thanks, Stewart Jensen, AHC Architectural Building Supply General Manager 960 East Franklin Road Meridian, ID 83642 208-884-8917 This e-mail is from ABSDOORS.COM and is intended for the addressee shown. It contain and protected from disclosure. Any review, dissemination or use of this transmission unauthorized employees of the intended organisations is strictly prohibited. zi~i i~nnQ ~we~ ~ ~ ~. ~~ir~~erl t [ S I . ~ ry P Ca ~~{k ~r . ~ ~ . ~ f { ~~ [ - ~ 'j~ ~~ ~ ~ ~ F ~ s r ~ ~~ ; t~. .~ L ~'~ 1 ~ i. ~~ ~ I ~ ~ I I ~ 4 _ I ~ 3 '~ i ~ 1 +1 ~ ! t ' ) k ~~ . n S` i ' i r. ~ ~ s ~ #f ~~ ~ ~ ti ~~ ~ n ~ , E ~+ ~ ~ r ; f gg a , ~ ~ ~ i , i ~ ~ a s ~ 1 ~~ ~ x t : 4-'~ i , ~ + gg - 3 ' + i ' a . ~ ~ ~ ~ ~ 3 i I 4 ~ ~ a It t~ n 4 r r fit! .S ~ „, ` ~ ~ ~ ~ .~ (f ~ j ~ ~ ~ ; ,~ ~ ~ exp. r~ "~ s{ ~ f" ~ ~i ~ f ~ ~. ~ F g # j S t ~ ~ ~ ` Y ~ I `R ~ ; v ~ ~ ( 1 ~ K `~ .. ~ ~ ~ ~ ~ jy . FA ~ ~~~ S ~ .'~Y ~ Y~ ~ -f ~ ~ ~l'i f.~ ~ZC, IF5. ~ -. ~ ~ `a r33 ~ ~ , p(t f ~i ~ ~ ;~3 E ~ .. 'Ih • AI~iC f-1`l't"E~TU RW4-L .. :~ ` BUILL~~lG SUPPLY Change Order Request Form Company: Petra Inc From: Stewart Jensen Email stewart .absdoors.com Date: 3-21-08 Attention: Tom Coughlin Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email: toughlin@petrainc.net Change Order Information: PR #1 -Mayor's Suite Revision Here is the pricing for the above requested change. Dr. ~I S~~ Qty Description Item No. No. Ext Sell w/Tax 1 Hardware Change from group 31 to 35 344 (53.71) ~1; 1 Hardware Change from group 35 to 25 352 63.60 ~ ' ~ ~ 1 1 Hardware Stay with group 25 307 - ~ S ~~ 2 Lock Cylinder CY-1 348 98.93 ~~ A 307 G~°' 2 Lock Cylinder CY-4 348 98.93 307 ~e~~~ ~~~ 2 Closer Sargent 351 O/P9 348 353.33 1 Frame New Sidelite type DD -Change handing 351 635.91 Total for this Change $ 1,197.00 °@<~ 0 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 • www.absdoors.com ~1 i ~ IJ4 5 ~ ' # 1 ~ ~, ~~i ~' ! ~ ' ~ , . ~ i ~ ti 1 ~ ~+ ' ~ ~ f t+ . , : 3 ~ f ~ ~ k. ~ ! r i~ r~ ~ x .~- <; '4 ° ~~ . k .~ ~ ~ ~ ~ R: ~ ~~ 4 f p I ,~ t~ ~ y~ t t ~ ~~ t~ i ~ i ~ ~' 1 ~ ! ~ i "A ~<, a ~3., i { hi ` i i f ~i t ,i ~r ~~ ~ ! ~~ I J F 3~' ~ i ~ ~ ~ i i a~ t r= ~ ( ~ ~ t ~~ ~ st ,! r- f x- ~ S i p# i 7 t: i ~~ `~,~ I ~ - 1 ~ s cIF,f •S, ji~.~~ '3'..4LiR~ !:1 ~i~;Z3' ,.~'I L~. Change Order Request Form Company: Petra Inc From: Stewart Jensen Email stewartCa~absdoors.com Date: 4-29-08 Attention: Tom Coughlin Job: Meridian City Hall Phone: 323-4500 Fax: 323-4507 Email: toughlin@petrainc.net ~~~°~~ .~-- Change Order Information: ASI #81 -Add door #263 " Here is the pricing for the above requested change. Dr. Qty Description Item No. No. Ext Sell w/Tax 1 Frame HM 3080 5 3/4 E1 E18 Sidelite Type E ~ 706.67 1 Wood Door 3080 5502 FSCPC SWB RH G2 Finish 162C 424.00 1 Hardware Hardware Group 25 353.33 1 Fabrication Field weld sidelite 281.47 1 Installation Install Frame Door and Hardware 335.53 Total for this Change $ 2,081.00 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 1 of 2 208-884-8917 + fax 208-884-5641 • www:absdoors.com ~ I i ,n ~ ~f, I.a~ ~ ~I F 1 4 ~~ ~ ~: t ~ ~ 'r I a ~ ~ i yyC 3~3 *f ~ ~ t~ ' '~ f ~ 4 r yp a f ~ 5 i ;}~ 1 ti [ f i 1 ~ x) j ~,~ 'i~~ ~ ~ '~ f f ~~ 1 ~ ~ ~ ~'~ y ~ ,~ i t ~ ~~ k ~ , ,; ~ ~ ~ f,~ ; -,' ' ~k ~' z~ ,~} { ~ s 7 ~ r.~ , 3~ ' ~ ' ~~ ~ t § i y; t ft' r .;. l~ rr ~ ~~~ ~ , f ~ ~~ A ti. ,~ ~ ~ ~ ~ , x3 i a ; I ~~ ~ 3 3r ~3: ~ r ~,~ ( j ~ ~ ~ ~ ti I ~~. 7 ~ ; .. , T ~' ~-IF~Cf-tl~~C~'L ~~ - ~ U 1 LD ~ tV G ~ C1~#~ r'te' Ll( Change Order Request Form Company: Petra Inc Attention: Tom Coughlin Phone: 323-4500 Fax: 323-4507 Email: toughlin@petrainc.net From: Stewart Jensen Email stewartt'a~absdoors.com Date: 4-29-08 Job: Meridian City Hall ~,~r ~~- eo~2 °~/~ Change Order Information: ASI #82 -Change the swing of #0038 Here is the pricing for the above requested change. Dr. Qty Description Item No: No. 1 Installation Remove frame and swing the other direction 0038 1 Fabrication Reprep doors to accept panic hardware 0038 1 Exit Device N68715 ETP LHR - 8' Door US32D 0038 1 Exit Device N68715 ETP RHR - 8' Door US32D 0036 1 Installation Install Panic hardware instead of Flush bolts 003B Total for this Change Ext Sell w/Tax 66.67 176.67 967.78 967.78 200.11 $ 2,379.00 The above materials cannot be ordered until we receive written authorization. If you need these materials faster than a formal change order can be generated authorize below. Signature: Print: Date: 960 East Franklin Road • Meridian, Idaho 83642 1 of 1 208-884-8917 • fax 208-884-5641 • www.absdoors:corn ~ ~ '~ j )) a I r o- ~ ~, . ~ ~ ~ s E k. 3 1 1 ~ I t ~ ~ ~I 'k 2 ~ aT i~ ~ ~ 1 ~ " ~ ~ S 3 3 4~ 1 ~ i ~ i ~ ~ a ~ ~ ~ !b ~ ~ ~ I ; ,~ ~ k l ~ . , 3 i ~ x; y E- r -~4~i ~ +~ ~d ~ ~ 1 ~ .~ ~ 6 ,~ t ~ ~ ~ ' ~ E ~ ~ ~ ~. L ~~ ~ , ~ { ~ 9 ~~ E ~ ~ f ~ +r ~~~ ~ a ~ F. E ~' <~3 ~' ~t ~~ fr ~~f ~ t~ ea ~,~ ~~ ~ :$ ' ~~ ~, , I i 1; : E 1! : ~ ~ 3 ~ ,~ C 3 ~ H ~ .~t, n4~ S ~, ~ ~' ~~ i ~ ~ _ t~ 3 E £ + ~ 1' t i I I / ~ t ~ Y k C 1 ~ ~ ~~ y ~ igggY ; ` t~ i ~~ jr ~ k ~; t ' ~ ~~)j~ ~ Tom Coughlin C7 rage i or i From: Stewart Jensen [stewart@absdoors.com] Sent: Tuesday, April 29, 2008 6:21 PM To: Tom Coughlin Subject: Meridian City Hall Changes .Attachments: ABS CO #16 -ASI #82 -Change door #0036 to Exit Devices.doc Tom Here is the change for ASI #82 Thanks Stewart Jensen, AHC Architectural Building Supply General Manager 960 East Franklin Road Meridian, ID 83642 208-884-8917 This e-mail is from ABSDOORS.COM and is intended for the addressee shown. It contain and protected from disclosure. Any review, dissemination or use of this transmission unauthorized employees of the intended organisations is strictly prohibited. 4/30/2008 ~ ~ ~i ~~ ~ ,: 1 Ens ~ ' ~ ~ '~ ~ '~ ~ i ~~ }i I .t t '~ ~ ~: r ~ ~ ~~ 3 1 ~ ~' s { ~ ~ ~ ~~~ i • d 4 ~ ~ . t c ~jT ~~.~ ~ € ~~ t~- t j ' fi (~g ~ ~~ 3' } ~ ~ ~, rf' 1 ~ ~' ~~ ~ ~ V, ~s s' ' ~ ; ~ tr, , ~ i z. ~ ' , . i r ~ _~ 1 . ~~ 3 ~~ ~ ~~~ ~ ~ ~ ~Y .# t' }''. ff ,_ a~, i f ? ; i f ~~~ ~ ~ _i _ , ~ . t~ ~~ ~ t ~ f e L~sn~b~rd-C~nrc«J Architects, P.h,. • ARCHITECT'S SUPPLEMENTAL INSTRUCTIONS Date: 04/10/08 ASI #: 82 Project Name: Meridian City Hall Project #: 06016.01 File Code: 9-h Owner: City of Meridian Contractor: Petra Incorporated ^Owner ^Architect ^Consultant ^Contractor ^Field ^Other The Work shall be carried out in accordance with the following supplemental instructions issued in accordance with the Contract Documents without change in Contract Sum or Contract Time. Prior to proceeding in accordance with this instruction, indicate your acceptance of this instruction, for minor change to the Work as consistent with the Contract Documents and return a copy to the Architect. Reference: Full Tenant Improvement with MEP'S Sheet A2.01T -Basement Floor Plan -Area 1: Due to the electrical gear extending into Mechanical Room 003 make the flowing revisions: At door # 0038, reverse doors and frame in the existing framed opening so that the doors swing out. Revise the hardware for door #0038 as follows: Delete the (2) flush bolts, passage set and dust proof strike and add a Sargent vertical rod exit device, model # 8715-LBR-ETL. Attachments: None Acknowledged By: Brent P-tts Contractor Lombard-Conrad Architects, P.A. 06016.01 ASI82 041008 BPbp 9- h.doc PAGE 1 OF 1 Lombard-Conrad Architects 1221 Shoreline Ln. Boise, ID 83702 ph: 208.345.6677 fx: 208.344.9002 s~ .J- ~ , ~ ~ ~ ,~ ~ ,' t„ ~,.~~~ ~ ~ ' 3 ~ ~ E i ~ ~.~: f ~. ~ r ~~~ , ~ j rk ~ 1 1 r x4 q 1 I ' ~ ~ ~ ~~ ~ ~ ~ F._ ~, , t-, i - ~' .~ r fl f ~~ ~6~ i ~ 1" ~ i ~~. ~ ,~ l ~ , I { ~ <~ a -I ~ 4r4{- ~ ~~1 r '~ 1 ~ ~~ ti ? ., i ( k~ ~ i i ~ 1~ f i ~I r ~~ ~ E ;~# ~. s ,. ~ t ' ~ ~, ~ t ~;1 y a ~ ~? i, r t i i i ~ <; s 1~ 1E a: ~ E { ~ i ~..'3 - f ~ f ~!) ,,.. c ~~ .~` fill _ I ~ ~f=` t ~ ~~ s 'k t _ ~ r July 3, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT Finance Department ITEM NO. 6-B-3 REQUEST Architectural Building Supply Change Order No. 2 for $ ._- _- AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: ~ /J ~ ~ fl~~( 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. f kkk~~ t k t ~ ` 3 i Y~ ~j s S ~r ` kp~kp } try 3 I { f i ¢ t ~. ~~ i i' l ~~~ k ~ ~ ~ 1j ~ r ~~ x I r ., r F ~ ~~ { ~ '/ ! fff i yyy y f ^ ~ '3 ~ i p ~ ~ ~ ~ E rs ~ f ~; 1 ' ~ ~ ~ '_t ~ r! ~ i ~ ~ it ~ ~, , I ~ ~ ` i i ~ ~ ~ ~~ ~ ) br f` 5 ~ ~ t, k t ~ + t ; ; 1 ~ 'n ~ P~ ~t b }7g ~ ~ ~ ` ~ ; ' ~ i ~ y` 9 4 § ! a e k ~ a fl ¢~d ~f~ ~~; ~y ~p } , ~ ~ia C ~ ~ 'r ~ 1 ~ c ~~ ~~I t i 'T \ ` 1 l~ ~ ~y ~ ~ ' i' ~4 I 7 y 1~ ~~ '~ i ~ 4 f ; fs r_ ri~ ~ ~ ~ ~ ~i i-` ~ s 3 '" ~ ~ ' ~~ S b" i r ~ (~ 3¢~ ~~ ,~ ~ E ~ ,a ~ ~ '~ ky ~ ~ ~tf ° ~ ~ } ~ ~ ~ I i ~ t a ; ~ " ~ ~ ~ S r t ; ~ ,. w ~ t p w p CITY OF MERMAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANt3E ORDER Y e oRDeR No. 02 T NO CH-Q$•AQ4 Cormador ~ Frere~- directed to meln: the ToNowlnB charms from the condacc Docurnante and p ~ripilon: I~Parate reviah~rrs Tor BP811-Plaza 9pecialtlea, Doors 8a Hardware Per at~ched PCO+II1 Dated 6/2Q1~ OTHER TERMS AND C.ONDI7'IONS REMAIN THE SAME ron for CharMe OMB: Additlarral acre of ~lorai Per lbted BPN 1 Cie Order tfimrm Da~Npgon~ detsd 8121/Q8, with cortbr~bor oluote iginal Contract PNce $ 7 820 00 - ----------...mow. , . Orlgtrtdl Cortttad Tlm~: Su~emntist Comps 11/28/08 t changes form prevteus Change Orders 0 to 01 ~ ~~ f0+s'r P~+bous Change Orders 397.0) ~ : ~- (oater~-deys) None rtrad Prlce Prior to thle Change Order. Contract Thnes rlor to thhz Change Order. p 923.00 (carentlsr days ar datej ~~ Incr+aese (decrease) athis Clmnge order. Net lncresae (dee) a this Change Omar. i_27A M1 ~ (cate~rdeysOtdete) IGOntract Pr#ce with all A Change Off; Confrad Tlr~ w>ih ap I (~) Approved Change Oniers: i43~943.00 Su~tantlal Complsttlon 8/28 RECOMMENDED: (CONSTRUCTOpN ) ACCEPTED: (CONTRACTpRI ~,; ~,~~ R. ~ Ar~'lit~tural Building Su pare: ~ /~' qB sy: sce~rt ,tom„ Date: 6- ~~~ ~ ~~~/ 4PPROVED: (CirY P Apps COUNCIL APPROVAL 3y: Keith Watta / `~~~-~u . -+~ ,, ~ , ,~ of APPROVED; I ~ ~' ~ ~ - O ~~~•,`` ATTEST. ~~ ate: r Tammy eni 8Y Cily Cleric. Holman ~' Dais: '7 ~ ~~ _ ~S/ = 7 1 Va S G 1~s ~ P,~, ~r~,~~~ A ~.~ ~i i I f. f i R y}. S ~, ~' ~~ ~l I I{ t S 3 ~: 8 ... .. e Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Council, Tom Coughlin Date: July 2, 2008 Re: July 8 City Council Department Report ~~~~ ~'Lrt~ Ot 1Vy:e~diar-~ The Purchasing Department respectfully requests that the following item be placed on the July 8 City Council Agenda under Departrnent Report. Architectural Buildings Supply Change Order #2 . No bids were submitted for Doors & Hardware on Phase IV -Plaza. This change order is to incorporate Bid Package #11 Plaza Doors & Hardware into existing Doors & Hardware contract with Architectural Building Supply. All work to be completed pursuant to the existing Doors and Frames contract dated June 4, 2007. Total contract amount is now $43,143.00. Budget for Phase II Doors ~ Frames and Phase IV Plaza Doors & Hardware is $128,336.00. We are under budget by $85,193.00 Recommended Council Action: Approve Change Order #Z to Architectural Building Supply for additional work per the attached, for a Not To-Exceed amount of $36,220.00 authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 ~ +' ~ ~ r $, ~~6 jj ~i i ~ ~ ~. ~~ I~ ' ~ I~ ~~ ~F. ~ jej S ~~ J ~ ~~ i ~ ~~~C ' 1SSS,,C ' ~~ jib ,~. I r ' ~„ `` ~ r ~ k ~ ~ ~~~ +~ ` ~ ` f3 ~ I I ~ ~ ~~ ~ ~ ~~~r 4 ~ ~~ ~.` f '~ ~ is ~ ~~~ { ~ ~ ~ i i l~Y ~~_ 37 [7 t 1iI 1 1 t r (. t j P ~ " ~ ~~^ { j` '~ i; ~~ ~.~ c ~ ~'~ i ~ ' 3 ! ~ 1I E ~ ~ ~, jii s y q~q ~ Y i ir I r ~ f I u ;i ~. ~ ~ ' ~ ~, ', ~ ~f ~~ ~ , ~ , ~ f ~ i ~i ~ ~ ~~ 1 ~ ~ ~ ' i ', _ ` ~ i ~ ' Z ~ f y ~ i i i ,~ f t ~ ~,i ~ n j • • ~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 02 PROJECT NO. CH-06-001 DATE: 6-5-08 EFFECTIVE DATE: CONTRACTOR: ARCHITECTURAL BUILDING SUPPLY PROJECT: MERIDIAN CITY HALL -Phase 2 Core & Shell The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions for BP#11-Plaza Specialties, Doors & Hardware per attached PCO#2 Dated 5/20/08 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order: Additional scope of revisions per listed BP#11 Attachments: Change Order Items Description, dated 5/21/08, with contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 7,820.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 0 to 01 No._ to _ (plendar days) ($897.00) None Contract Price Prior to this Change Order: Contract Times prior to this Change Order. (calendar days or date) $6, 923.00 s/2s/2oos Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days or date) $36,220.00 None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $43,143.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION MA ER) ACCEPTED: (CONTRACTOR) Petra Inc. Architectural Building Su ly By: Thomas R. Coughlin Date: ~~~~ By: Stewart Jensen D t a e: ~ ~ ~,^ ®~ 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: i ~; ~; E'' i E' i I I! t; i~ 1~ ~i ~,; i _} is E+ f'~ ~ ~ 4 . POSED CHANGE ORDER ~~~ No. 00002 323-4500 BOISE, IDAHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: BP Pricing Phase II DATE: 5/20/2008 PRO]ECT: Meridian City Hall ]OB• 060675 TO: Attn: Stewart Jensen CONTRACT NO• 7 Architectural Building Supply • 960 E. Franklin Rd. Meridian, ID 83642 Phone: 208-884-8917 Fax: 208-884-5641 RE: To: DESCRIPTION OF PROPOSAL **All taxes are included in costs** Item Description 00001 BP#11 Plaza Doors & Hardware- Bid package. Provide & install HM doors, frames and hardware per Phase 4 Plaza Bid Package Documents, to include Sections 08110 & 08710. ABS Proposal #1, dated 4/29/08 & e-mail 5/16/08 00002 BP#il Plaza Specialties- Bid Package. Provide & install Toilet Partitions & Accessories per Phase 4 Plaza Bid Package Documents, to include Seclion 10801. ABS Proposal #1, dated 4/29/08 & e-mail 5/16/08 00003 BP#11 Plaza Specialties- Bid Package. Provide & install Toilet Partitions & Accessories per Phase 4 Plaza Bid Package Documents, to include Section 10801. ABS Proposal #1, dated 4/29/08 & e-mail 5/16/08 From: Number: Quantity Units Unit Price Tax Rate Tax Amount Net Amount 1.000 LS $17,570.00 0.00% $0.00 $17,570.00 1.000 LS $7,550.00 0.00% $0.00 $7,550.00 1.000 LS $11,100.00 0.00% $0.00 $11,100.00 Unit Cost: $36,220.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0% GC Markup: $0.00 Total: $36,220.00 APPROVAL: By: Date: E~pcdilion ~% isy: ~~ I~ ,p ewa nsen ~ 6 i~ G~'~ C•(,'IuC` J~*'Sty ~CI4 Date: /D ° ~ 7- ®~ 1~---r^ j f I V 1 s ~' fi i p:; _:f' 't `, I ~ ~. {' t' 5 {' r, r i MO=RIDIAN CITY HALL A O PROJECT NO: CH-06-001 AES -Phase 2 (07) 05/21 /08 CHANGE ORDER NO 2 CHANGE ORDER ITEMS 1 BP 11 Plaza Doors & Hardware -Bid Package 17,570.00 Provide & install HM doors, frames and hardware per Phase 4 Plaza Bid Package Documents, to include Sections 08110 & 08710 ABS Proposal No 1, dated 4/29/08 & e-mail 5/16/08. 2 BP 11 Plaza Specialities -Bid Package 7,550.00 Provide & install Toilet Partitions & Accessories per Phase 4 Plaza Bid Package Documents, to include Section 10801 ABS Proposal No 1, dated 4/29/08 & e-mail 5/16/08. 3 BP 11 Plaza Specialities -Bid Package 11,100.00 Provide & install Toilet Partitions & Accessories per Phase 4 Plaza Bid Package Documents, to include Section 10801 ABS Proposal No 1, dated 4/29/08 & e-mail 5/16/08. 36,220.00 Page 1 of 1 e • Tom Coughlin Page 1 of 1 From: Bryce Toronto [BryceT@absdoors.com] Sent: Friday, May 16, 2008 10:34 AM To: Tom Coughlin Cc: Bryce Toronto Subject: Meridian City Hall Tom, Here are the break outs for Meridian City Hall. Let me know what to get going and what to hold off on: Flagpoles and Accessories: $18,650.00 ($11,100.00 for Flagpoles, $7,550.00 for Accessories) Signs: $18,190.00 Frames, Doors & Hardware: $17,570.00 Let me know what to get moving on. Thanks, Bryce Toronto Architectural Building Supply 960 East Franklin Road Meridian, ID 83642 Ph: 208-884-8917 Fx: 208-884-5641 This e-mail is from ABSDOORS.COM and is intended for the addressee shown. It contain and protected from disclosure. Any review, dissemination or use of this transmission unauthorized employees of the intended organisations is strictly prohibited. 5/16/2008 t ~ ~ i I ~ ~ I ~, ~ ~ t ~ t ~ ~ I ' ~ ~ 7 } '• ' ~ r~~ ~ ~ ii f' ~~ ~ z , ~ ~t ~4 i s 4 ~ ~ E t e - f; ~~ ~ 'j ~ I s f ~ ~ f t ~ , ~. y {: ~~~ t`.I ~ ~ ~ ii. i i~ K , ~ ~S , ~- ! ; ~ ~ ~ i ~ i Y~ i i. 3 ( '; a ~ ~ tK.~ ~ ~ i ~ ~ ~ i Y,~ I r y. ~ ~ ~ ~ j r ~ 7 ~~ t I r ~ ~i r. _~ ~ ( ~ ~,. ~ ~ 1 ~ ~ 3 , ~~ v ~' t ~t fa- ~C t r Y ` ` i ~ Sf ~F , 1 F C.._ 1~ g i. s i ~~ ~ ~ ~ 1 ; , ~~ 4 ~ 1 ~~ ~~ ` ~, i I 3 ~ ~~ ~ ~ ~~ ~ ;,r _ ~ j ~• ~ M ~ ~ ~ ~ ~ ~ `p' iC'i ~ ~ i ~~ i - z r~~'1I f ~ { !' ~. ~ ~ I ~ _~ ~ ~ ~ ~.. _ ;, I ~ r° _ ~ ~ 3 fi ~ ~~ 7 ~ ~ '~ ~~ ~g~ I' , ~ ~ ~, ~~ , + f T __ _ ~ ~ -. _.: ~ _ BUILDING SUPPLY PROPOSAL #~ To: Petra Date: April 29, 2008 No. Pages: 1 Attn: Tom Coughlin Project: Meridian City Hall Phase IV Community Plaza and Site Improvements Phone: 323-4500 Location: Meridian, ID Fax: 323-4507 F.F.A. Our warehouse with full freight allowed to job site. Email Bid Date: 03-27-08 Time: 2:00 PM We Acknowledge Addenda(s) #A & B We propose to famish materials only in accordance with the specification section(s) listed. Installation is not included unless noted otherwise. Standard Steel Doors and Frames -Section 08110 (Installed) -Lump Sum ................. Door Hardware -Section 08710 Installed) -Lump Sum ............................................... ( C~_ ~Signage -Section 10431 (Installed) -Lump Sum .......................................................... Post and Panel Signs -Section 10436 (Installed) -Lump Sum ..................................... Flag Poles -Section 10530 (Installed) -Lump Sum ....................................................... oilet and Bath Accessories -Section 10801 (Installed) -Lump Sum ........................... ............... See Combined Bid ............... See Combined Bid ............... See Combined Bid ............... See Combined Bid ............... See Combined Bid ............... See Combined Bid l Combined Bid for Sections 08110, 08710, 10431, 10436, 10530 & 10801 (Installed) -Lump Sum ..... ~ $54,410.00 Q •~ Add for Alternate #1 Bronze Medallion (Installed) -Lump Sum ............................................................. $12,76 Quotation Excludes: Glass & Glazing Caulking & Sealing Asphalt Emulsion /Bituminous Coating Finish Painting Wiring & .Electrical Connections • This quotation is based on Architectural Plans, Specifications and ABS standard terms of sale. • Sales tax is included in the above quotations unless specifically noted otherwise. • Payment terms are net 30 days A.D.I. - NO RETAINAGE. B E TOR B ~ CE SDOORS.COM 960 East Franklin Road o Meridian, Idaho 83642 208-884-8917 • fax 208-884-5641 • wv~-w.absdoors.com ~ ~ I ` ~ ° ; g ~ ; ~ ~ {~. ; ~ I . ~ ~ ~ r ~ ~i i ~ 1 ~ 4 f k i ~ 3 I +~ 1 k j ~ .~ x 1 ~' I { ~ I ; 3 ~ gg ; F ~ ' f . ~' e } ~ x ?~ # ~ ~ iii ~ r 1 k r ;~i~ ~~ .~ ~i ~ ~ ' $ ~ ~ i ~ ~ i 3 i -;~ e .1 j ~ . C K ~ le t' . ~ ~ € ` ~ ~ i ~ E I ~ F ~ s~' R ~' 1 i d ~ c ~~ { ' ~ ( ~ 1 ~ ;, r ~: 4' i 1 i } I ~ ~ i ~~ ~ ~ v. e f D i ~ i ~ ~ ~ ~ { k i I ~ ~ f ~ t 1 t e~ 1 x , ~ ; ~ ~' ~ ~ ~ 5 ~ ~ I , ~ P 7 d ~1 4 r '~ ~~ i ~ 1 ~ ~ ~ ~ ~ ~ l 1 3 ~ i i i ~ ~ ~ ~ 3 # i b 6 ~ ~' K ` ~ ~ 4 ~ s ip .~ j ~, ~ ~ ~ ' ~ f ! F ~ , ~ I ~a ~ ~ ~ , rr { [CF ~ ]y y]JJ ,~ , E ,F , ~ , ~ € ~ t ~ ~ f l ~ ii- • S ~ i t ' i , i ~ 3, ~; ~ ~~~~ ~ y ~0 ~ I 4l ~~ .~r 1 { ~ r { F . , ~ ~ i ( ~ ~ '~ + ~ i ~ ' ~~ j iI 1 i ~i- , ,~ 7 i~ l ~ p + BID PACKAGE DESCRIPTION & BID FORM MERIDIAN CITY HALL PHASE IV---Community Plaza and Site Improvements Bid Package 10 Doors/Frames/Hardware/Specialties Bid Requirements: Provide all labor, material, tools, and equipment to complete doors, frame and hardware systems as noted on the bid documents and per the following: Division I -General Requirements Section 08110 -Standard Steel Doors and Frames Section 08710 -Door Hardware Section 10431 -- Signage Section 1043fi -Post and Panel Signs Section 10530 -Flag poles. Section 10801 -Toilet and Bath Accessories This bid package specifically includes: • Standard hollow metal steel doors. • Standard hollow metal steel frames. • Door Hardware. • Door Glass Kits where required. • Aluminum sheet, plate & extrusion, and sheet steel for precision cut characters. ^ Non-illuminated, single sheet type post and panel signs. • Flag Poles for flag court. • Grab bars, mirror units, hand dryers, soap dispensers, mop i3< broom holder, sanitary napkin disposal unit. ADDENDUM (A) (O'~ q~ ,~~) (~~ ,~) ~_ ( ~ ~ ) ( ~ ~ ) BASE BID - DoorslFrames/Hardware/Specialties.... ~ y ~~ ~ Alternate No. 1 -Bronze medallion as shown on sheet L 1.63 ~ g Z,,, t ~ ~~ Alternate No. 2 -Deduct for the canal water feature as shown on Sheets L1.68 and L1.69. ~ Alternate No. 3 -Deduct for the meandering creek water feature as shown on sheet L1.64 and L1.fi5. ~ Alternate No. 4 -Deduct all work associated with the metal trellis footings as shown on L1.70 and L1.71. ~ Alternate No. 5 -Cast-in-place concrete paving vs. landscape brick pavers $ at plaza. Phase IV - BP 10 ~.~1 t;l~ ~~~i ~ # ii , jj! E ~~.~ :~r~ ~!. ' ~ ;_ F;~ j{{i~ i i I 4 !'' i [~` • I ~ ~~ i. r ' I i ±'i ~y~ ttc4. i I ~ ~ 5i, f ~ _!~ ~ `~~ i~~tl~', 1 oft t ~ '' } ',~ I ~ t i ;; ~ ~ ~ ~ 5 ~ ;j f 9 ~, t ,~ ~~ 4 ' + ij 1 ~ ' ~; r 5 ~ ~~ &~ ~ i ~ ~~ ~ i i I f ~ ~ ~ K ~. x ~ ~ ~ I ~ '~ i~ ~ g ~ I ; ~, 7 ~ ' '' E ~ ~ ~ E ~~~~.~ ,,~ ~ ': r • • --~-_ PHASE IV-Community Plaza and Site Improvements Bid Package 10 Coors/Frames/Hardware/Specialties -Page 2 Having carefully examined the Invitation to $id, Instructions to Bidders, Bid Proposal Form, Agreement Forms, contract drawings, existing site and all conditions affecting the work, the undersigned agrees to furnish all labor, materials, etc., necessary to perform the work as shown on the drawings and listed in the Bid Items, in accordance with the Bid Documents. The undersigned understands that Petra, Incorporated, the Owner, and the Architect reserve the right to reject any andlor all bids. Final award is subject to approval by the Owner. 96c~ ~ aS-I' ~rc~n~~~'~ ~~ „~ Address - Phone Number Z~° ~~ ~56~1 l Fax Number -~ ~~^ ~i~ P~ Date ~ V(5eal if bid is by Corporation) ~. - . ~~ ~~~~ ~ ~ ~~m®~~r~~°~O~-9~,,~~~ ~, ® ~' ~ ~~ ~~~ ~ ® ~ ®® ~ ~ L~„e ~ ~ ®~ ~,y , , ~'~=~' ~~~ P~Works License umber _ Idaho Contractors Registration Number Exp. Date Phase IV - BP 1t) ~ I ~ I ~~ f ~? j' r } ~I 3 ~E I f i } i I~! i ' s ~ ~ 'i 2 of 2 ~ 4' ~ ~ ~ ~ ~ ig ~ b ~ ~ ~~~r ~i t ~ iw ' ~2 3} ~ ~ ' j t ~ ~ t #g R ~ ~ ~ (' ~ ~ ~ i ~ .; F y ~ jj! $j 1 ~ f ~ ~b° ~ i " ~~ ~~~ = ~ ~~ 1 ~ '' a ~ I ~ , ~ ~ ` ~ ~ ;r~ d~ ~ , r . f ~ ~ , ~ ~ , ~~ ~ ~ It ~,. ~ ~ ~ ~ - '' I ~ ~g ji i' ,~ g ~ 3 F ~ I c,. i 1 ~ ~ q 3 g _ e r # ~ ~ ~ ~ . ~9 ¢; Y ~ ~ I s r ' ~ ~ ~ 7; ~ ~ ~~ ~ ~ " i . ~ 1 ~ x , S ~' S t} ' ~~7f!' y 7ir , ~ ] ~ ,~ rs , , - ' t 1!~ ~ f ~ ~ I , ' . P ~ i 4 t -i t _~~ I3 i ~< °_~~ ~' t~ ~ 7 :~ ~ ! t~' ~C ~ ~- ~ f i 'I`II ; r ;s .~ ~ ' # '~ ; ~~ ,; t t { ~ ~ ~ ' _ y ~ ,, ~ ~ , ~ t '~ ~ t ~ ~I~ ~ .i~ r ~^if ~' j ,~ ~ ~ ~ ~ s~~ ~ 1 • THE ,A,MERiCAN INSTITUTE ~F ARCHITECTS rAfR Document A390 Qid fond KNOW ALL MEN SY THESE PRESENTS, THAT WE Stogy Suildin Su ! W st Inc. dba eArchitectur I l~ui din Su 1 96A ast Franklin Road Meridia . ID !33642 as Principal, hereinafter caned the Principal, and Trave~sualty and Surety Company of America One Tower S uare Hartford CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of Meridian . 33 East Idaho Ave, Meridian, ID 84642 as Obligee, hereinafter caned the Obligee, in the sum of Five Percent of Bid Ammount Dollars {$ 5% } for the payment of which sum well and truly to be made, the said Principa! and the said Surety, bind oursehres, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these preserrts, WHEREAS, the Principal has submitted a bid for Meridian City Hall Phase IV Bid Package 10 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the ternas of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of tabor and materials famished in the prosecution thereof, or to the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such forger amount #or which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be nuCl.and void, otherwise to remaintn full force and effect. Signed and sealed this 24th day of 2008 March Inc. Kimberly i~~~fip Travelers Casualty and Surety Company of America .d-•+~+~. ~• A1A DOCUh1EAT A3IU ~ i[31D BOrD ! AL4 . FE$r2Ll4R~' 1976 ED. ~ THE AAtERIC rl~STITliTE OF AR~Ii(TECTS> 1735!x,,'. ~~'E,> ~1.V1'„ ~1"ASITYAGTOf~, D.C. Z(1066 '~.' TRAVELERS POWER of ATTORNEY Farmington Casualty Company St. Font Gtmrdian insurance Company Fidelity and Guaranty Insurance ComRanY St. Paul Metrcnry Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety ~tuPavY Seaboard Surety Company Travelers Cetsnelty atgi Surety Company of America St. Panl Fire and iLiarhre Insurance CompaaY United States Fidelity and Gtrarattky Company Attorney-In Fact No. ~ 14243 Certificate No. p p 15 3 fi 4 4 3 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company ate corporations duly organized under the laws of the Slate of Minnesota, that Farnvngton Casually Company, Travelers Casualty and Surety Company> and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the Taws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly argartized under the laws of the State of Irnva, and that gideiity and Gutu:utty Insurance Underwriters, Inc. is a corporation duly organized under the Iarvs of the State of Wisconsin (herein collectively called the "Companies"), and tha[ the Companies do hereby make, constitute and appoint Ghristapher F. Mulvaney, Thomas M. Hyndrnan, Wertdy Lee Wadkhts, WiUlam Hyndman IV, Mark V. Niemeyer, Frank J. Mason, Joseph J. Kent, and Jane L. Cole of the City of Radnor ,State of Pettus lvania , their true and lawful Attorneys}in-goer, eaeh in their separate capacity if more than one is nazned above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guarnnteeing bonds and undertakings required or pernli in any actions or {rraceedings allowed by law. ay n dN Wf ~ ~iHEREUF, the Compgt~ics.have caused this instrutgsrne•to be si ned and t tai co 26th arc 11ttRWI!! $ ~• rporate seals to be hereto affixed, this Farmington Casualty CaopQany Fidelity and Guaranty Insurance Corttpany. Fidelity aad Guaranty Instu'apce`lfaderwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Pant Guardian lnsttrancQ Company St, Paul Mercury It~urance Company Travelers Casualty and Surety Company Travelers Casuaky and Surety Company of America Utrilai States Fidelity and Guaraatp Company GA~4 r (rl SAt~Ery , tl8 y \*j1 rbSl/ t,n8L P~1Y ~t'D w x y o,. ~ Z e "4"' 06~4y~ ° ~a~ ~ 1977 t y92r ~°"-""'~ ~~~'°°'^~~~ ~,~~ s~`r~ 4b~a . ~~a ~~tlCNelt~" ~'`~n'~,.c ~a 3ayS,E,~H,.~L,•~f,~o $~.,`S$E7,~~ y~ ~@ 't State of Connecticut City of Hartford ss. sy: Geor Thompson, irn rce President On this the 2fith ~ of March 2007 y .before me personalty appeared George W. Thompson, who acknowledged himself to be the Senior ice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized w to do, executed rite foregoing instrument for the purposes therein contained by sighing an behalf of the corporations by himself as a duly authorized offictir. a~+>~ In Witness Whereof,l hereunto set my hand and official seal. My Commixsioa expires the 30th day of 3une, 261 1. * `~$ O 58444-8-Ofi Printed in U.S.A. c~ru~ C . ,~u°,~eiDl~.St* Marie C. Tetreautt. Notary Public ^ 0 July 3, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT Finance Department ITEM NO. 6-B-4 REQUEST Task Order No. CH1 with Terracon Consultants, Inc. for 641 Main Street AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~~ CITY BUILDING DEPT: °' t CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: v Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. FF ff ~ ~ r f g 1 € . 7 '. ~ E'.l 1 7 -~ F ~ ~ ~ 1 o- ~.. t~ ~ ~, ~ i 9 f L, C ~'i I ~ `` ~ _ I ~ ~ s ~ ~ _ r ~ ~ ~ ~ f~~ } ~1 1 ~ a '~ ~ ;^ ~ ~. .~ ~ ~~ ~ ' i I ~, I ~ t, l ~i ~ ~ ~ ~, 7 ~ ~~ ~ , ~~ ~ 5{ {f I ~ { i ..~ _ ~ ~ Z , ~ ~ t l ~ ~ $ ~~ E Y ~ i I ' iy Ii [t 7_ ~ F ~ ~ ~~ i ~ ~' i ~ ` ~ ~~ ~ di t y. qqq i ~ ~ i+ _ ~d ~ Ir ~It ' ~ ~ e ~~ a : *i GI t ~. ! } ~ I j' t ? ~ -y ~ ~ °~ r~ 3, : b? i z ~ 3~' ~ ~ j ~ C ~~ _ ~ ,i ~! ~ ` t1 f ~ ~ e ~ y.' f. J '.~ ~ 1 ~i' j !L it ' J ..g ~, # ~ ~ ~ ~ t~' I r>' ~ j ~ € i ~ 1 # ! ~ {~ t R , , ~ #~ ~ l~ s ~. F :s ~ .~ ~ .~.~~~~: :~ , , , T ~ P:I; , ~ 1 )~ s ~ k; ~E ID~AN NO TASK ORDER NO. CH 7 b®tween CITY OF MERIDIAN (CITY) ® PURCHASING AGENT 33 East Idaho Av®nu® M®rldlan, ID 83Q42 Phone: (208) 888-4433 xZ07 Fax: (208) 887-0813 AND TERACON CONSULTANTS, INC.(ENGINEER) This Task Order is issued by City and acxepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Master Agreement between the above mentioned parties dated January 4, 2007. LIMITED SITE INVESTIGATION SCOPE OF SERVICES The objective of this Task Omer is to evaluate the presence of petroleum compounds (above regulatory enforcement standards} in the on-site soils and groundwater as a resuk of past releases of petroleum compounds at the site. Following receipt of your executed Agreement for Services and no later than 72 hours prior to intrusive activities, Terracon will contact the Idaho DIGLINE notification center to arrange for underground utility location at the above referenced .site. DIGLINE requires the proposed boring locations to be pre-marked prior #o contacting DIGLINE. In addition, a private utility locator will be contracted to locate private utilities that may be on-si#e and to pertorm a geophysical survey in an effort to lot~#e the former groundwater monitoring wells and to confirm the absence of the USTs. If the former groundwater monitoring wells can be located and are determines to be intact and viable sampling locations, Terraoon may elect to redevelop and sample the existing well. This decision will be made on a well by well basis. Terracon wil! develop a generic safety plan to be used by our personnel during field services. At this lime, we anticipate that Level D personal protective equipment (PPE) consisting of hard hats, safety glasses, protective gloves, and steel-toed boots will be required by all personnel in the work area. It may become necessary to upgrade this level of protection, at additional while sampling activities are being conducted in the event that petroleum or chemical constituents are encountered in soils or groundwater, which present an increased risk for personal exposure. R i~ ~ ~ I~ ,' 7 s {P i ~. s}~ ~ tr `I, k ~ '( Y- i ~: i' '. ~ i ~'~ f }. ~ E q , r s f ~ ' i ': I'' ~, „ it (f ~j y I Soil Borings and Samplin, ,.. . Terracon proposes to advance 10 borings at locations around the site to collect soil samples. We anticipate extending these borings to approximately 25 feet below ground surface {bgs) based on the prior investigations conducted at the site. The finished depth of the borings will be dependant on the actual depth at which groundwater is encounten~d. To facilitate the installation of groundwater monitoring welts the borings will be extended approximately 10 feet below the groundwater level. A truck mounted drill rig opera#ed by an Idaho-licens~l driller will be used to advance the borings. Hollow stem augers will be used to advance the borings in overburden soils. Soil boring activities will be supervised by a Terracon geologist. One boring is planned at the location of a former used oil UST near the southwest comer of tine former building, two borings are planned at the locations of the former in-ground hydraulic lifts, one boring is planned near the former east dispenser island, one boring is planned near the former north dispenser island, and five borings are planned north of the former building in the vicinity of former on-site monitoring wells. Drilling equipment will be cleaned using ahigh-pressure washer prior to beginning the project and before beginning each boring. Non-dedicated sampling equipment will be cleaned using an Alconox~' detergent wash and potable water rinse prior to c:ommenoement of the project and between collection of each sample. Soil and rock lithology, color, .relative moisture content and visual evidence of petroleum hydrocarbon impacts will be documented in the field log. In addition, the samples will be field screened using a photoionization detection {PID) to detect the presence of Volatile Organic Compounds (VOC's). Groundwater Monitoring W®Ils Eight of the ten soil borings advancsd at the site will be converted td groundwater monkoring wells to evaluate on-site groundwater within the assessment area. Monitoring wells will be constructed as follows: • Installation of 10 feet of 2-inch diameter, 0.020-inch machine slotted PVC well screen with a threaded bottom cap; • Installation of 2-inch diameter, thn3aded, flush joint PVC riser pipe to surfaces • Addition of pnr-sieved 20/40 grade silica sand for annular sand pack around the well screen from the bottom of the boring to approximately 2 feet above the top of the well screen; • Placement of 2 feet of hydrated bentonite pellets above the sand pack; • Addition of bentonite pellets to the sumacs; and, Installation of flush-mount well protector se# in concrete at the surface. The monitoring wells will be developed by surging and removing groundwater until fluids appear relatively free of fine-grained sediment. Development groundwater will be stored temporarily on-site in labeled 55-gallon drums pending the n~ults of the laboratory analyses. The drum labels will identify the apparent c:onten#s of the drum and the initial accumulation date. ~1~. Following developmen# a monkoring wells and prior ~ groundwater sample collection, each well will purged with a new disposable bailer or lotn~fiow sampling equipment. Each monitoring well will be purged a minimum of thnae well casing volumes of groundwater or until the monitoring well formation fails to recharge, (i.e., well runs dry). Subsequent to sufficient recharge, one groundwater sample will be collect~l from each monitoring well utilizing a new, disposable, polypropylene bailer. Sampling Pr~ram Terracon's soil and groundwater sampling program will consist of the following: • Up to 16 soil samples will be collected for laboratory testing purposes to determine the presence of petroleum products. The actual number of samples may increase or decrease depending on the :extent of the contaminated soil encountered. One soil sample will be ~collect~l from each soil boring from the zones exhibiting the .highest P1D readings. Temacon has budgeted for six additional samples beyond the one sample per boring to allow for sampling flexibility. If, based on these observations, no elevated PID reading is observed, the samples will be :coAected from the capillary fringe zone, from the interval exhibiting a change in lithology, from the bottom of the boring, or from the intervals of likelyentrironmental impact as determined in the field by the environmental professional. • Collection of eight groundwater samples from the newsy installed groundwater monitoring wells. Additionally finro groundwater samples will be collected from off-site monitoring wells located north of the site if pem~ission to sample these wells can be obtained and if the wells are determined to be triable. The wells will be purged with a disposable bailer or lotn~flow sampling pump prior to collection of the groundwater sample. The purge water will be containerized in 55-gallon drums and stones! on- site. • One trip blank will be provided by the analytical laboratory and will travel in the cx~oler with the sample bottles. The trip blank will be analyzed for VOCs. The purpose of the trip blank is to evaluate potential cross- contamination that may occur during sample storage and transit. Laboratory Analytical ~ogram The soil and ,groundwater samples will be collected and piac~d in laboratory prepared containers, labeled, and placid on ice in a cooler. The samples, completed chain-of- custody forms, and laboratory trip blank will be transported via 1=edEx to Environmental Science Corporation (INit. Juliet, TIV} for analysis. Rock samples will not be submitted for laboratory analysis. The soil and groundwater samples collected from seven of the soil borings/monitoring wells and groundwater samples from the finro off-site groundwater monitoring wells (located in an apparent down~radient position to the northwest), will be analyzed for benzene, toluene, ethylbenzene, xylene (BTFJ(), naphthalene, methyl-t butyl ether (I~JITBE), ethylene dibromide (El?B} and 1,2, dichloroethane {EDC). The samples from the three soil boringsJmonitoring wells planned for the former used oil UST and in-ground hydraulic lift area will be analyzed for VOCs, semi-volatile organic compounds (SVOCs} and RCRA (8) metals. N f o. o SBfiDIaS ~ry MethDd . B7EX, .~~ MrBE, EDB, EDC Soli 11 EPA Method 828D VOCs Sail b EPA Method 8280 SVOCs Soil 5 EPA Method 8270 RCRA (8) Metals Soil b EPA Method 8010rl470 BTDC, ld, MTBE, EDB, EDC Water 8 EPA Method 8280 VOCs Water 2 EPA Method 8280 SVOCs Water 2 EPA Method 8270 RCRA (8) Metals Water 2 EPA Method 6010rl4~70 Pr®aarafion of LSI R®l~ort Upon c~mpletlon of site activities and receipt of the laix~ratory analy6~cal r~uits, our findings will ~ presented in a LSI re~rt that will include the following: • Documentation of field activities; • Sing plan showing pertinent site features; • Soil boring logs; . • Laboratory analytical) results; • Data evaluation and presentation of findings; and, • Recommendations concerning further action, if necessary. Terracon's services will be perFormed in a manner-consistent with generally acxepted. practices of the profession undertaken in similar studies in the same gdographic area during the same period. Temacon makes no warranties, expressed or implied, regarding its servicres, findings, conclusions or reoommendations. Please note that Terrac;on does not warrant the work of laboratories, regulatory agencies or other third parties supplying information used in the preparation of the report. These LSI services wily be pertormed in acxordance with the scope of work agreed with you, our client, as set forth in this proposal and are not intended to be in strict conformance with ASTM E99A3-97. Findings, conclusions and recommendations resulting from these senrices will be based upon information derived from on-site activities and other services performed under this scope of work; such information is subject to change overtime. Certain indicators of the presence of hazardous substances, petroleum products, or other constituQnts may have been latent, inaccessible, unobservable, nondetectable or not ptesenti during these services, and we cannot represent that the site contains no hazardous sutistancxs, toxic substances, petroleum products, or other latent conditions beyond these identified during this LSI. Subsurtace conditions may vary from those encountelTed at specific borings or wells or during other surveys, tests, assessments, investigations or exploratory services; the data, interpretations, findings and our recommeendations are based solely upon data obtained at the time and within the scope of these services. Investigation derived waste (soil cuttings, purge water, and decontamination water) will be containerized in 55 gallon drums and stored on site. Disposal of -this material will depend on the characterization of the soil and water and is not included irk this scope of work. These disposal services can be provided for an additional fee. ~ ~ ~ - ~; r ~ i i~ ~ ~ £; ~ f ~ E ~ ~ ; ~ ~ ~ 3, 1 ], ~ ~ ~r 1 r) t ' Y ~ F ~' F r i ~ 9 ~ ~~ ' ~~• 1 - ~~~ ~ E :s ~ ~ { ~ ~~ ~ { ~ ~ _~ , " ~ ~' E ' r f:~ ! ~ ~ z : s i '~ ~ a ~ j r , , ~ r ~ ~ i ~ ~ ! ~ , , ~ 111 1, ~ ~ ~j~ ~ ~ ~ ~ ~ { ~ I j ~ ' ~ ' _ ~ ~ ~ ~ ` ~ ~ ~ ~ i ~ I ~ ) ~ 4 ~ ~ ~~ ' I k 4 ~ ~ E s ~ ~ ~ i { ~ r ~ t " ~ ~ } tr ~~t ~ A, i S i ~ i ~ ~; 1 ~ 1 ~ ~ I' ' ~ Reliance The report will be prepared for the exclusive use and reliance of The City of Meridian. Reliance by any other party (other than a govemmerrtal agency having jurisdiction of the site) is prohibited without the written authorization of The City of Meridian and Terracon. If The City of Meridian is aware of additional parties that will require reliance on the report, the names, addresses and relationship of these parties should ~ provides for Terracon approval prior to the time of authorization to proceed. Terraoon will grarrtreliance on the report to those approved parties upon receipt of a fully executed Reliance Agreement (available upon request). If, in the future, The City of Meridian and Terracon consent to reliance on the report 6y a third party, Terrac:on will grant reliancx3 upon receipt of a fully executed Reliance Agreement and receipt of an additional fee of $250.00 per relying party. Reliance on the report by The City of Meridian and .all authorizes parties will be subject to the terms, conditions and limitations stated in our Agreemenrt for Services (and sections of this proposal incorporated then3in}, the Reliance Agreement, and the reporto TIME OF PERFORMANCE Terracon is prepared to initiate project activities upon receipt of the contract documents, Terracon can generally begin the field exploration program within about one to two weeks after receipt of authorization to proceed depending on drill rig availability. Our schedule is largely dependent on driller availability #o complete the field work. It is anticipated that the drilling and sampling activities will require five days. The standard turnaround time for laboratory results is 10 business days. Preliminary verbal results of the LSI may be available within 4$ hours of Terracon's receipt of laboratory analytical reports. Three copies of the final LSI report can ~ issued to The City of Meridian within about two to three weeks after receipt of final laboratory analytical data. COAAPENSATION Fee Summary Consultatlon /IDEA submittals - $ 2,~ Subcontract OrilMg $15,0 Subcorrtrad Laboratory Testing $ 3.3i~ Utility Loc~tloN(3eopltysical Survey $1.~ Monitor well surveying Terracon Labor (sampgng, ar~lysis, report) $1 ~ $12,1t~ Fee Total $38,750 Corrtingen ~ 15% X5,513 NOT TO-EXCEED S4$Z83A0 This Fee Summary is based on standard laboratory turn around time of 10 business days. A faster turn around time may be requested by the client for an additional free. Drilling and Terracon freld labor costs assume five days of drilling and sarr~pling. Actual site conditions ancounfiero during drilling may muse the amd~ of drilling to increase or decrease. We wits ntrF!y you if conditions are encounter~l that may aidversely impact our anticipated costs. Should it be necessary to expand our services beyond those outlined in this proposal, we wil! notify you, then send a supplemental proposal stating the additional services and fee. We will not proceed without your authorization. Assumptions The project test summary is based on the scope of services outlined in this proposal. This proposal and f~ are prepared based on the following assumptions: • Temacon assumes that The City of Meridian will provide site access sufficient to complete the scope of work • This proposed scope of work assumes the completion of the scope of work as described herein using Level D PPE. • The City of Meridian will notify Terracon prior to mobilization of any restrictions, special site acxess r~uirements, or known potentially hazardous conditions at the site (e.g., hazardous materZaals or processes, specialized protective equipment r~uirements, unsound structural conditions, etc.) • W®rk can be performer during normal business hours (Monday through Friday, x:00 am to 7:00 pm). • Traffic control services are not requirs+d. • At the conclusion of the investigation, excess soil cuttings, purge water, and decor water will be stored on-s~e in DOT-approved 55-gallon drums. If analytical results indicate that the soil or dec:on water !is signiflcantiy impacted, off-sfte disposal of the soil and decor water drums may be required. However, disposal of soil cuttings, purge water, and decor water is not included in the scope of this proposal. CITY OF MERIDIAN BY: AMMY ERD, MAYOR Approved by CouncB: __ l _ +~.~ Attest: ~~ JAYCEE L. HOLMAN, CITY Approved as to Content TERRACON CONSULTANTS INC. BY: ~- '~~~~i,~ RAIlAfAB>'~i s ,~ _SFAL~ t~ 'fit tit '- .~ ' ~- ~aepartm®nt/Public Works Approval -~~9ip1111 "i`~~~+~~~`````. BY: KEI S, PIJRCHASI AGENT Dated: 7 - l ~ U ~ :~~ NAME:. C1~~ 7, d~-N } ,, ~~ ~ ~ ~' ; ~ f ! ' ~ ~ ;~. i 1 ,~ ,~, i ~ ~~ 1.r l y'' ~ ~ 1, ~i :' i ', 1 h' ~ ~' i • PURCHASING AGENT 33 East Idaho Avenue Meridian, ID 83642 Phone: (208) 888-4433 x207 Fax: (208) 887-4813 TASK ORDER NO. CH 1 between CITY OF MERIDIAN (CITY) AND TERACON CONSULTANTS, INC.(ENGINEER) This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Master Agreement between the above mentioned parties dated January 4, 2007. LIMITED SITE INVESTIGATION SCOPE OF SERVICES The objective of this Task Order is to evaluate the presence of petroleum compounds (above regulatory enforcement standards) in the on-site soils and groundwater as a result of past releases of petroleum compounds at the site. Following receipt of your executed Agreement for Services and no later than 72 hours prior to intrusive activities, Terracon will contact the Idaho DIGLINE notification center to arrange for underground utility location at the above referenced site. DIGLINE requires the proposed boring locations to be pre-marked prior to contacting DIGLINE. In addition, a private utility locator will be contracted to locate private utilities that may be on-site and to perform a geophysical survey in an effort to locate the former groundwater monitoring wells and to confirm the absence of the USTs. If the former groundwater monitoring wells can be located and are determined to be intact and viable sampling locations, Terracon may elect to redevelop and sample the existing well. This decision will be made on a well by well basis. Terracon will develop a generic safety plan to be used by our personnel during field services. At this time, we anticipate that Level D personal protective equipment (PPE) consisting of hard hats, safety glasses, protective gloves, and steel-toed boots will be required by all personnel in the work area. It may become necessary to upgrade this level of protection, at additional cost, while sampling activities are being conducted in the event that petroleum or chemical constituents are encountered in soils or groundwater, which present an increased risk for personal exposure. i ' ~ ' ~ ~. r i ~ ~ ~a t I ~ I a i~ ~~ ~ ~, ~ ) ~7~~ ~ ~ I ~ .~ 1. ~ 1 ~ 7 4 i Z ~ t 1 ~ i I ~ u ~I. ~ s ~ I r ~ ! ~a' t I 1 T ~ I a ~ s i r~ ~ ~ ~(f et t ~ i ~ ' ~ r i~t ~ " ~ t~ t '' i~ ~ ~ i , 1 ~ ~ ;;x ~ :z € ~~i 1 ~ is ~ I +~ } ~ _ i ~ i ~ ( j ~ 1 ~ ~. £ f Ff 1 SS 1i1. a ~ t t F ~' !j ~ I C ,C ~' . 5 f ' I !~ ` ~ s Y t i e t ~ E ~, ~. "F ti s. 3. '~ k h ' ~ 9 ' (,f ' ~ :~ ri i FL E' ~ t [ ~ # b~ ~:~ I i ~ ~ .~ j ~. i 3 I ~ ~ ~ f i 1 f F' : 3' = c ~ I I ~ t , ~ e ~ ~ ~ { i I [ E II ! 9 i ' ~ ~ p C i F t t~ ~ 7 ~ i 1 I n q {~ L ~ ~ # t ~ S I t 1 f f ' 3 ~ ~ i ~ (f i E E ~ ~ i 'I w + ~ ~ { y ~ ~ l t~. .~ ~ y ij , , k f r ~ -~ 3 1 I I t Soil Borings and Sam • Terracon proposes to advance 10 borings at locations around the site to collect soil samples. We anticipate extending these borings to approximately 25 feet below ground surface (bgs) based on the prior investigations conducted at the site. The finished depth of the borings will be dependant on the actual depth at which groundwater is encountered. To facilitate the installation of groundwater monitoring wells the borings • ~ • will be extended approximately 10 feet below the groundwater level. A truck mounted drill rig operated by an Idaho-licensed driller will be used to advance the borings. Hollow stem augers will be used to advance the borings in overburden soils. Soil boring activities will be supervised by a Ten'acon geologist. One boring is planned at the location of a former used oil UST near the southwest comer of the former building, two borings are planned at the locations of the former in-ground hydraulic lifts, one boring is planned near the former east dispenser island, one boring is planned near the former north dispenser island, and five borings are planned north of the former building in the vicinity of former on-site monitoring wells. Drilling equipment will be cleaned using ahigh-pressure washer prior to beginning the project and before beginning each boring. Non-dedicated sampling equipment will be cleaned using an Alconox® detergent wash and potable .water rinse prior to commencement of the project and between collection of each sample. Soil and rock lithology, color, .relative moisture content and visual evidence of petroleum hydrocarbon impacts will be documented in the field log. In addition, the samples will be field screened using a photoionization detection (PID) to detect the presence of Volatile Organic Compounds (VOC's). Groundwater Monitoring Wells Eight of the ten soil borings advanced at the site will be converted to groundwater monitoring wells to evaluate on-site groundwater within the assessment area. Monitoring wells will be constructed as follows: • Installation of 10 feet of 2-inch diameter, 0.020-inch machine slotted PVC well screen with a threaded bottom cap; • Installation of 2-inch diameter, threaded, flush joint PVC riser pipe to surface; • Addition of pre-sieved 20/40 grade silica sand for annular sand pack around the well screen from the bottom of the boring to approximately 2 feet above the top of the well screen; • Placement of 2 feet of hydrated bentonite pellets above the sand pack; • Addition of bentonite pellets to the surface; and, • Installation of flush-mount well protector set in concrete at the surface. The monitoring wells will be developed by surging and removing groundwater until fluids appear relatively free of fine-grained sediment. Development groundwater will be stored temporarily on-site in labeled 55-gallon drums pending the results of the laboratory analyses. The drum labels will identify the apparent contents of the drum and the initial accumulation date. Following devetopmen~f the monitoring wells and prir~o groundwater sample collection, each well w e purged with a new disposable der or lover-flow sampling equipment. Each monitoring well will be purged a minimum of three well casing volumes of groundwater or until the monitoring well formation fails to recharge, (i.e., well runs dry). Subsequent to sufficient recharge, one groundwater sample will be collected from each monitoring well utilizing a new, disposable, polypropylene bailer. Sampling Program Terracon's soil and groundwater sampling program will consist of the following: • Up to 16 soil samples will be collected for laboratory testing purposes to determine the presence of petroleum products. The actual number of samples may increase or decrease depending on the extent of the contaminated soil encountered. One soil sample will be collected from each soil boring from the zones exhibiting the highest PID readings. Terracon has budgeted for six additional samples beyond the one sample per boring to allow for sampling flexibility. If, based on these observations, no elevated PID reading is observed, the samples will be :collected from the capillary fringe zone, from the interval exhibiting a change in lithology, from the bottom of the boring, or from the intervals of likely environmental impact as determined in the field by the environmental professional. • Collection of eight groundwater samples from the newly installed groundwater monitoring wells. Additionally two groundwater samples will be collected from off-site monitoring wells located north of the site if permission to sample these wells can be obtained and if the wells are determined to be viable. The wells will be purged with a disposable bailer or low-flow sampling pump prior to collection of the groundaivater sample. The purge water will be containerized in 55-gallon drums and stored on- site. • One trip blank will be provided by the analytical laboratory and will travel in the cooler with the sample bottles. The trip blank will be analyzed for VOCs. The purpose of the trip blank is to evaluate potential cross- contamination that may occur during sample storage and transit. Laboratory Analytical Program The soil and groundwater samples will be collected and placed in laboratory prepared containers, labeled, and placed on ice in a cooler. The samples, completed chain-of- custody forms, and laboratory trip blank will be transported via FedEx to Environmental Science Corporation (Mt. Juliet, TN) for analysis. Rock samples will not be submitted for laboratory analysis. The soil and groundwater samples collected from seven of the soil borings/monitoring wells and groundwater samples from the two off-site groundwater monitoring wells (located in an apparent down-gradient ~sition to the northwest), will be analyzed for benzene, toluene, ethylbenzene, xylene (BTEX), naphthalene, methyl-t-butyl ether (MTBE), ethylene dibromide (EBB) and 1,2, dichloroethane (EDC). The samples from the three soil borings/monitoring wells planned for the former used oil UST and in-ground hydraulic lift area will be analyzed for VOCs, semi-volatile organic compounds (SVOCs) and RCRA (8) metals. Ana sis Sam le No. of Samples Lab Method BTEX, N, MTBE, S®d 11 EDB, EDC EPA Method 8260 VOCs Soil 5 EPA Method 8260 SVOCs Soil 5 EPA Method 8270 RCRA (8) Metals Soil 5 EPA Method 6010/7470 BTEX, N, MTBE, EDB, EDC Water 8 EPA Method 8260 VOCs Water 2 EPA Method 8260 SVOCs Water 2 EPA Method 8270 RCRA (8) Metals Water 2 EPA Method 6010x/470 Preaaration of LSI Resort Upon completion of site activities and receipt of the laboratory analytical results, our findings will be presented in a LSI report that will include the following: • Documentation of field activities; • Site plan showing pertinent site features; • Soil boring logs; • Laboratory analytical results; • Data evaluation and presentation of findings; and, • 13ecommendations concerning further action, if necessary. Terracon's services will be performed in a manner-consistent with generally accepted practices of the profession undertaken in similar studies in the same geographic area during the same period. Terracon makes no warranties, expressed or implied, regarding its services, findings, conclusions or recommendations. Please note that Terracon does not warrant the work of laboratories, regulatory agencies or other third parties supplying information used in the preparation of the report. These LSI services will: be pertormed in accordance with the scope of work agreed with you, our client, as set forth in this proposal and are not intended to be in strict conformance with ASTM E19O3-97. Findings, conclusions and recommendations resulting from these services will be based upon information derived from on-site activities and other services performed under this scope of work; such information is subject to change over time. Certain indicators of the presence of hazardous substances, petroleum products, or other constituents may have been latent, inaccessible, unobservable, nondetectable or not present during these services, and we cannot represent that the site contains no hazardous substances, toxic substances, petroleum products, or other latent conditions beyond those identified during this LSI. Subsurface conditions may vary from those encountered at specific borings or wells or during other surveys, tests, assessments, investigations or exploratory services; the data, interpretations, findings and our recommendations are based solely upon data obtained at the time and within the scope of these services. Investigation derived waste (soil cuttings, purge water, and decontamination water) will be containerized in 55 gallon drums and stored on-site. Disposal of this material will depend on the characterization of the soil and water and is not included irk this scope of work. These disposal services can be provided for an additional fee. 1 i £ ~ F r ~ f} ~?'_ i ,i ' ~ I I ' f~ ~ ~{ '. ;P i ?l ~ ---.~ j ~, ~ ; f ' ~ ti ~ ~ I' 6 L `~ ' E ~ ' ~ 3 ~ ~ ) '.~ ~ ~ ; L t i - k ~ ~ ~ F ~ ~ ~ ~ r ~ ~` A I gI ~~ I t 4 C i~ ~ -~ ~ t I 3 # ~ ~ ~ S ~ ~ ~ .~ 1 t r ~ r ~ i~ ~ ~ ~ r r ? s Z ~ . ~ f ~I 1 ~ Reliance The report will be prepared for the exclusive use and reliance of The City of Meridian. Reliance by any other party (other than a governmental agency having jurisdiction of the site) is prohibited without the written authorization of The City of Meridian and Terracon. If The City of Meridian is aware of additional parties that will require reliance on the report, the names, addresses and relationship of these parties should be provided for Terracon approval prior to the time of authorization to proceed. Terracon will grant'reliance on the report to those approved parties upon receipt of a fully executed Reliance Agreement (available upon request). If, in the future, The City of Meridian and Terracon consent to reliance on the report by a third party, Terracon will grant reliance upon receipt of a fully executed Reliance Agreement and receipt of an additional fee of $250.00 per relying party. Reliance on the report by The City of Meridian and .all authorized parties will be subject to the terms, conditions and limitations stated in our Agreement for Services (and sections of this proposal incorporated therein), the Reliance Agreement, and the report.. TIME OF PERFORMANCE Terracon is prepared to initiate project activities upon receipt of the contract documents. Terracon can generally begin the field exploration program within about one to two weeks after receipt of authorization to proceed depending on drill rig availability. Our schedule is largely dependent on driller availability to complete the field work. It is anticipated that the drilling and sampling activities will require five days. The standard turnaround time for laboratory results is 10 business days. Preliminary verbal results of the LSI may be available within 48 hours of Terracon's receipt of laboratory analytical reports. Three copies of the final LSI report can be issued to The City of Meridian within about two to three weeks after receipt of final laboratory analytical data. COMPENSATION Fee Summary Consultation /IDEA submittals $ 2,300 Subcontract Drilling $ 15,900 Subcontract Laboratory Testing $ 3,300 Utility LocatioNGeophysical Survey $1,950 Monitor well surveying $1,200 Terracon Labor (sampling, analysis, report) $12,100 Fee Total $ 36,750 Contingency @ 15% $5,513 NOT-TO-EXCEED $42,263.00 This Fee Summary is based on standard laboratory turn around time of 10 business days. A faster turn around time may be requested by the client for an additional fee. Drilling and Terracon field labor costs assume five days of drilling and sampling. Actual i site conditions encound during drilling may cause the aunt of drilling to increase or decrease. We will n you if conditions are encounters at may aidversely impact our anticipated costs. Should it be necessary to expand our services beyond those outlined in this proposal, we will notify you, then send a supplemental proposal stating the additional services and fee. We will not proceed without your authorization. Assumptions The project cost summary is based on the scope of services outlined in this proposal. This proposal and fee are prepared based on the following assumptions: • Terracon assumes that The City of Meridian will provide site access sufficient to complete the scope of work. • This proposed scope of work assumes the completion of the scope of work as described herein using Level D PPE. • The City of Meridian will notify Terracon prior to mobilization of any restrictions, special site access requirements, or known potentially hazardous conditions at the site (e.g., hazardous materials or processes, specialized protective equipment requirements, unsound structural conditions, etc.) • Work can be performed during normal business hours (Monday through Friday, 7:00 am to 7:00 pm). • Traffic control services are not required. • At the conclusion of the investigation, excess soil cuttings, purge water, and decon water will be stored on-site in DOT-approved 55-gallon drums. If analytical results indicate that the soil or decon water 'is significantly impacted, off-site disposal of the soil and decon water drums may be required. However, disposal of soil cuttings, purge water, and decon water is not included in the scope of this proposal. CITY OF MERIDIAN BY: AMMY EERD, MAYOR Approved by CouncSl: (- i''S Attest: JAYCEE L. HOLMAN, CITY Approved as to Content TERRACON CONSULTANTS INC. BY: ~ ~., RIPE, ~ .~~~,,, o~cE ~~ -, c -, -~-$RAL~ "~,~t ~' ~P `~~~Department/Public Works Approval BY: KEIT S, PUR/CHA/S,I ~iAGENT Dated: ~° ~ ~! r (/ ~s ~ ~~, ~ s ~ ~~ ~~ ;~ ~ ~~ +~ ~ ~~ i~' "i { , 4 k~ E ~ ~ ~~ ~ ~ l [k 4 ' ;' ~ ' ~` BY: NAME: C,linfi~~~~ ~ ~ :~ (~ ~ ~ ~, ~ , ~ ~ ~ i ~ ~~ ~ e F ~ 3 : '~ ' ~~ 1 ~ ~ f ~ S I) ~ _ S 1 1 i ~ f ~ ~ ~ ; ~ ~ [I t I r~ ] ~ ,, e Meo~no To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Council, Tom Coughlin Date: July 2, 2008 Re: July 8 City Council Department Report 0 JUG 0 ~ 200 Katy ~f Me~ds~ pity Clergy ice The Purchasing Department respectfully requests that the following item be placed on the July 8 City Council Agenda under Department Report. Task Order # CH1 to Terracon for Limited Site Investigation of 641 Main Street. All work under this Task Order # CH1 will be completed pursuant to the existing Master Agreement dated January 4, 2007 for aNot-To-F~cceed amount of $36,750.00 Recommended Council Action: Approve Task Order # CH1 to Terracon Consultants, Inc. for aNot-TaF~cceed amount of $36,750.00 authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 ~ i i ~ ~ ~ t' ~ ~' ~ I i} _ ~ ~ s ~ 11 ~ ~ t L i ;~ I 1 E ~ 1- I t~ a ~~' -~ 34 f ~ ~ l1 ~ ~ ~'~ ~~- 1 ~ , I ~ ? ~~ o ~ t . i, ~ ~ ~i ' _ ~ 3C tlr.~ ~ 451:, ~;1 1 f` < i' 7.f ~ b j. s ~ ~ i S t K t - t~~ {: ~j I ~ ~ j ii ~~: y.. 4 PURCHASING AGENT 33 East Idaho Avenue Meridian, ID 83642 Phone: (208) 888-4433 x207 Fax: (208) 887-4813 TASK ORDER NO. CH 1 between CITY OF MERIDIAN (CITY) AND TERACON CONSULTANTS, INC.(ENGINEER) This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Master Agreement between the above mentioned parties dated January 4, 2007. LIMITED SITE INVESTIGATION SCOPE OF SERVICES The objective of this Task Order is to evaluate the presence of petroleum compounds (above regulatory enforcement standards) in the on-site soils and groundwater as a result of past releases of petroleum compounds at the site. Following receipt of your executed Agreement for Services and no later than 72 hours prior to intrusive activities, Terracon will contact the Idaho DIGLINE notification center to arrange for underground utility location at the above referenced site. DIGLINE requires the proposed boring locations to be pre-marked prior to contacting DIGLINE. In addition, a private utility locator will be contracted to locate private utilities that may be on-site and to perform a geophysical survey in an effort to locate the former groundwater monitoring wells and to confirm the absence of the USTs. If the former groundwater monitoring wells can be located and are determined to be intact and viable sampling locations, Terracon may elect to redevelop and sample the existing well. This decision will be made on a well by well basis. Terracon will develop a generic safety plan to be used by our personnel during field services. At this time, we anticipate that Level D personal protective equipment (PPE) consisting of hard hats, safety glasses, protective gloves, and steel-toed boots will be required by all personnel in the work area. It may become necessary to upgrade this level of protection, at additional cost, while sampling activities are being conducted in the event that petroleum or chemical constituents are encountered in soils or groundwater, which present an increased risk for personal exposure. {f~l 1 3, j~ +~ ~; 1 ~ 1 6 f 1 ~ i V y ~ t 1 ~ ~, ~ F 1 } k ~ t ! ' ~}@ ~ 4 ~ ~ ~ ~ ! Y ~ er { ~ 5 ~ i S a ~ i 9' ttt ¢ ~ ~ q j y~ :~ ' Y ,t ~'I i ~ {~ I. Soil Borings and Samplin~ • Terracon proposes to advance 10 borings at locations around the site to collect soil samples. We anticipate extending these borings to approximately 25 feet below ground surface (bgs) based on the prior investigations conducted at the site. The finished depth of the borings will be dependant on the actual depth at which groundwater is encountered. To facilitate the installation of groundwater monitoring wells the borings will be extended approximately 10 feet below the groundwater level. A truck mounted drill rig operated by an Idaho-licensed driller will be used to advance the borings. Hollow stem augers will be used to advance the borings in overburden soils. Soil boring activities will be supervised by a Terracon geologist. One boring is planned at the location of a former used oil UST near the southwest comer of the former building, two borings are planned at the locations of the former in-ground hydraulic lifts, one boring is planned near the former east dispenser island, one boring is planned near the former north dispenser island, and five borings are planned north of the former building in the vicinity of former on-site monitoring wells. Drilling equipment will be cleaned using ahigh-pressure washer prior to beginning the project and before beginning each boring. Non-dedicated sampling equipment will be cleaned using an Alconox® detergent wash and potable water rinse prior to commencement of the project and between collection of each sample. Soil and rock lithology, color, relative moisture content and visual evidence of petroleum hydrocarbon impacts will be documented in the field log. In addition, the samples will be field screened using a photoionization detection (PID) to detect the presence of Volatile Organic Compounds (VOC's). Groundwater Monitorung Wells Eight of the ten soil borings advanced at the site will be converted to groundwater monitoring wells to evaluate on-site groundwater within the assessment area. Monitoring wells will be constructed as follows: • Installation of 10 feet of 2-inch diameter, 0.020-inch machine slotted PVC well screen with a threaded bottom cap; • Installation of 2-inch diameter, threaded, flush joint PVC riser pipe to surface; • Addition of pre-sieved 20/40 grade silica sand for annular sand pack around the well screen from the bottom of the boring to approximately 2 feet above the top of the well screen; • Placement of 2 feet of hydrated bentonite pellets above the sand pack; • Addition of bentonite pellets to the surface; and, • Installation of flush-mount well protector set in concrete at the surface. The monitoring wells will be developed by surging and removing groundwater until fluids appear relatively free of fine-grained sediment. Development groundwater will be stored temporarily on-site in labeled 55-gallon drums pending the results of the laboratory analyses. The drum labels will identify the apparent contents of the drum and the initial accumulation date. Following development he monitoring wells and prior groundwater sample collection, each well will purged with a new disposable ba~ or low-flow sampling equipment. Each monitoring well will. be purged a minimum of three well casing volumes of groundwater or until the monitoring well formation fails to recharge, (i.e., well runs dry). Subsequent to sufficient recharge, one groundwater sample will be collected from each monitoring well utilizing a new, disposable, polypropylene bailer. Sampling Program Terracon's soil and groundwater sampling program will consist of the following: • Up to 16 soil samples will be collected for laboratory testing purposes to determine the presence of petroleum products. The actual number of samples may increase or decrease depending on the extent of the contaminated soil encountered. One soil sample will be collected from each soil boring from the zones exhibiting the highest PID readings. Terracon has budgeted for six additional samples beyond the one sample per boring to allow for sampling flexibility. If, based on these observations, no elevated PID reading is observed, the samples will be collected from the capillary fringe zone, from the interval exhibiting a change in lithology, from the bottom of the boring, or from the intervals of likely environmental impact as determined in the field by the environmental professional. • Collection of eight groundwater samples from the newly installed groundwater monitoring wells. Additionally two groundwater samples will be collected from off-site monitoring wells located north of the site if permission to sample these wells can be obtained and if the wells are determined to be viable. The wells will be purged with a disposable bailer or low-flow sampling pump prior to collection of the groundwater sample. The purge water will be containerized in 55-gallon drums and stored on- site. • One trip blank will be provided by the analytical laboratory and will travel in the cooler with the sample bottles. The trip blank will be analyzed for VOCs. The purpose of the trip blank is to evaluate potential cross- contamination that may occur during sample storage and transit. Laboratory Analytical Program The soil and groundwater samples will be collected and placed in laboratory prepared containers, labeled, and placed on ice in a cooler. The samples, completed chain-of- custody forms, and laboratory trip blank will be transported via FedEx to Environmental Science Corporation (Mt. Juliet, TN) for analysis. Rock samples will not be submitted for laboratory analysis. The soil and groundwater samples collected from seven of the soil borings/monitoring wells and groundwater samples from the two off-site groundwater monitoring wells (located in an apparent down-gradient position to the northwest), will be analyzed for benzene, toluene, ethylbenzene, xylene (BTEX), naphthalene, methyl-t-butyl ether (MTBE), ethylene dibromide (EDB) and 1,2, dichloroethane (EDC). The samples from the three soil borings/monitoring wells planned for the former used oil UST and in-ground hydraulic lift area will be analyzed for VOCs, semi-volatile organic compounds (SVOCs) and RCRA (8) metals. Analysis Sam le T No. of Samales Laborat ethod BTEX, N, MTBE, Soil 11 EPA Method 8260 EDB,EDC VOCs Soil 5 EPA Method 8260 SVOCs Soil 5 EPA Method 8270 RCRA (8) Metals Soil 5 EPA Method 6010/7470 BTEX, N, MTBE, water 8 EPA Method 8260 EDB,EDC VOCs Water 2 EPA Method 8260 SVOCs Water 2 EPA Method 8270 RCRA (8) Metals Water 2 EPA Method 6010/7470 Preparation of LSI Report Upon completion of site activities and receipt of the laboratory analytical results, our findings will be presented in a LSI report that will include the following: • Documentation of field activities; • Site plan showing pertinent site features; • Soil boring logs; • Laboratory analytical results; • Data evaluation and presentation of findings; and, • Recommendations concerning further action, if necessary. Terracon's services will be performed in a manner consistent with generally accepted practices of the profession undertaken in similar studies in the same geographic area during the same period. Terracon makes no warranties, expressed or implied, regarding its services, findings, conclusions or recommendations. Please note that Terracon does not warrant the work of laboratories, regulatory agencies or other third parties supplying information used in the preparation of the report. These LSI services will be pertormed in accordance with the scope of work agreed with you, our client, as set forth in this proposal and are not intended to be in strict conformance with ASTM E1903-97. Findings, conclusions and recommendations resulting from these services will be based upon information derived from on-site activities and other services performed under this scope of work; such information is subject to change over time. Certain indicators of the presence of hazardous substances, petroleum products, or other constituents may have been latent, inaccessible, unobservable, nondetectable or not present during these services, and we cannot represent that the site contains no hazardous substances, toxic substances, petroleum products, or other latent conditions beyond those identified during this LSI. Subsurface conditions may vary from those encountered at specific borings or wells or during other surveys, tests, assessments, investigations or exploratory services; the data, interpretations, findings and our recommendations are based solely upon data obtained at the time and within the scope of these services. Investigation derived waste (soil cuttings, purge water, and decontamination water) will be containerized in 55 gallon drums and stored on-site. Disposal of this material will depend on the characterization of the soil and water and is not included in this scope of work. These disposal services can be provided for an additional fee. t ~ ~ f ~ J ~~~ ~ ~ .~~ ~" r i_' a ~ ~ ~ p t{{~ ,~ ,~3.s: (. ~~ ))) ~ i i ~ ,t :4 ~ i Y t' ' ~ F~ ~ ~ ~ sie ~ i,l ~ , ~ ~, ~ ~ r s , ~ ~ f ( ~ ~ ` l i x ~~~. ~ 3 ~ 3 x .•i i i i ~ 1 ~ i i - ~ ~, i! ~ ~ ~ ~ ~' ~ ~ 1 ~ia .I 2 f [ I < < ~ 1 ~ ~ ~ ~ I ~ r3 t ~ I F k [ I~ s ~ ~ 1 1, ~ ~l+ t 6 ~~ ~ i~ ~ ~ ~ ~ ~ E 7 4 . , 7 ~- ~ ~~ ~ ' ~ ,~ I p ' z §~. ~" E ~; [ ,t 4 !~ l L I t ) ~ 1 t. ii {{ -~.: t Y 11 j S ~ I - I i t f 4 r . }: 1i ~ j 1. ~ ~ F r . E kt ~> ~ ~, i € ~ ~ ~ ,~ ~, ~ 1 i ~ a 4 i t : -t> ~ d; . i {' ~+' _. , t , i I ~ r "} ~i 'i ~ ~ 1 ~ I '. ~ S~{' II ' l . L. ~.pi~ r ,: ~ ~. 'l ll, _ - '. '; ~ ~ ~'~ ? !, s: Reliance • • The report will be prepared for the exclusive use and reliance of The City of Meridian. Reliance by any other party (other than a governmental agency having jurisdiction of the site) is prohibited without the written authorization of The City of Meridian and Terracon. If The City of Meridian is aware of additional parties that will require reliance on the report, the names, addresses and relationship of these parties should be provided for Terracon approval prior to the time of authorization to proceed. Terracon will grant reliance on the report to those approved parties upon receipt of a fully executed Reliance Agreement (available upon request). If, in the future, The City of Meridian and Terracon consent to reliance on the report by a third party, Terracon will grant reliance upon receipt of a fully executed Reliance Agreement and receipt of an additional fee of $250.00 per relying party. Reliance on the report by The City of Meridian and all authorized parties will be subject to the terms, conditions and limitations stated in our Agreement for Services (and sections of this proposal incorporated therein), the Reliance Agreement, and the report. TIME OF PERFORMANCE Terracon is prepared to initiate project activities upon receipt of the contract documents. Terracon can generally begin the.field exploration program within about one to two weeks after receipt of authorization to proceed depending on drill rig availability. Our schedule is largely dependent on driller availability to complete the field work. It is anticipated that the drilling and sampling activities will require five days. The standard turnaround time for laboratory results is 10 business days. Preliminary verbal results of the LSI may be available within 48 hours of Terracon's receipt of laboratory analytical reports. Three copies of the final LSI report can be issued to The City of Meridian within about two to three weeks after receipt of final laboratory analytical data. COMPENSATION Fee Summary Consultation /IDEA submittals $ 2,300 Subcontract Drilling $ 15,900 Subcontract Laboratory Testing $ 3,300 Utility Location/Geophysical Survey $ 1,950 Monitor well surveying $ 1,200 Terracon Labor (sampling, analysis, report) $ 12,100 Fee Total $ 36,750 Contingency @ 15% $5,513 NOT-TO-EXCEED $42,263.00 This Fee Summary is based on standard laboratory turn around time of 10 business days. A faster turn around time may be requested by the client for an additional fee. Drilling and Terracon field labor costs assume five days of drilling and sampling. Actual site conditions encounteruring drilling may cause the amo of drilling to increase or decrease. We will noti ou if conditions are encountered t may adversely impact our anticipated costs. Should it be necessary to expand our services beyond those outlined in this proposal, we will notify you, then send a supplemental proposal stating the additional services and fee. We will not proceed without your authorization. Assumptions The project cost summary is based on the scope of services outlined in this proposal. This proposal and fee are prepared based on the following assumptions: • Terracon assumes that The City of Meridian will provide site access sufficient to complete the scope of work. • Thus proposed scope of work assumes the completion of the scope of work as described herein using Level D PPE. • The City of Meridian will notify Terracon prior to mobilization of any restrictions, special site access requirements, or known potentially hazardous conditions at the site (e.g., hazardous materials or processes, specialized protective equipment requirements, unsound structural conditions, etc.) • Work can be performed during normal business hours (Monday through Friday, 7:00 am to 7:00 pm). • Traffic control services are not required. • At the conclusion of the investigation, excess soil cuttings, purge water, and decon water will be stored on-site in DOT-approved 55-gallon drums. If analytical results indicate that the soil or decon water is significantly impacted, off-site disposal of the soil and decon water drums may be required. However, disposal of soil cuttings, purge water, and decon water is not included in the scope of this proposal. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR TERRACON CONSULTANTS INC. BY: Approved by Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: Department/Public Works Approval BY: NAME: '} I ~ ~~ } {. Z Y. ~. I F; ~ ~ 6 ~c iii I + 'L i ~ ',I I, r, } ii. ~ 1 If ~ 8~ ~ t c` ~, 1 f E~ i ~ ~ ``s' :, ' ~ ~, a~ ~ x ~ ~ ~~ , `,t~ ;F 1 I i 1 I ;: y 4 l ~~ ~ ~ { 3 E ~ ~. ~ .I ~ f ~ k t ~ - S £ ~~ :~ ~. i ~ ~ l ~ ~ • f I 7{F F ~ '~ ~ f ~ ~ I I r ~ t ~ ~ s ~ ` ;c f ~' !! i ~ ~ +~ ~ ~ k ~ :,I ~ t ~ r ; i 4 ~ ~~ ~ Y ~~ ~ ~ 1 ~, ~ ~ .4 4.. 1~ -~ J f~ July 3, 2008 MFP 08-004 MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT Maverik, Inc, ITEM NO. 8 REQUEST Request to modify the Landscape Plan approved with the Final Plat for Woodland Springs -- Northeast corner of North Locust Grove Road and East McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report 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: ~ ~ ~° ~ t ~ •- Emailed: tall Initials: Materials pr a ted at public meetings shall become property of the City of Mertdlan. y~p~ i [ ` 1 ~ k .~ 1 ft ~ ~ r F ~y ? 1 1 ~' I ~~: s i i r ~ ~ ~ ~ 5; ~ ~ ~~' ~ 1 I j ` ~ ~ ~ ~ I ~ I ~ ~ ~ ~ g I+ ;;i ~ ~ ~3 ' ~ I ~i ~ ; }'' ~~ = _ ~ I ~ ~ ~, `; ~ ~ ~~~ th 'a ~ ~ 1 $ i I ~' }y ~ a i • d~~ I .~ r ~ s ~ ~ ~ ~ 1 1 ~ #j ~ E ~. ~ ` E i ~ ~ i r ~~ ~ 7 ~ l ~ I ~ ~~ qt S ~' j 1 t } ~ i 1~ f . ~ Y :% t E. ~ f' ~ ?~ ~. ~j t { ~ 1 ~ 3 ~ f ~ ~ ~ S ~ . ~ f ~ ~ ~ ; ~r ?~ ~ ~ ~~ ~ I ~ £t I ~ ~ { ~ ~ ~ ~ ~ F ~i ~ ,:~ r'~ s 3, ~ ~ f ss ' ~ ; j f t ~~ 1 ,~ a - .'~3 ~ ~ s~ ~ ~ ~ ? ~ ~ ~~ r j I s 's i ~: i ~ ~' a i ~ 1' : ~ ~ A • s July 3, 2008 AZ 06-063 MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT Waltman, LLC ITEM NO. 9 REQUEST Continued Public Hearing from June 24, 2008 -- 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) -- 505, 521, 615, & 675 Waltman Lane 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: See Previous Item Packet /Minutes See attached Memo from Staff ~~c~-~ ~~a`~,'~ MERIDIAN POST OFFICE: OTHER: See attached Letter from Donna Aldrich Contacted: Cj~ ~ (~~ Date: ~'~ ,hone: Emailed: ~f'1tIC_~o~. (~~~~-~i(~~~~(affinitial Materials presented at public m~ngs shall become properfy of the City of Meridian. 1} t 1 g; I ~a ~ ~ ~, ' ~ E ~ ' ~ ! ~ + a ~~' ~ ~ .~ ~ h; ~ I f ~ t ~ 3 ` ~ ~ is II ~ ~ - ~ t L~ 1 i E ~ ~ ~ ~ ~~ ~~ ~ ` ~ i; ~ '~ r a ~ t r , ~ ~ '' s '~ , ~ i ~ ~ FF ! j~ ~ t ~ „~ ~ ,~~ , I}f ~ r ~ a~ ~~ i ~ r I' ' , i ' ~ ST t 9 ~ ~ s ~ ~ ! 9 ~ a r j f I ~ f i , ,~ t ` ( ~ , ~ ~ ~ ~ ~' ~ ~ c~ f~ ~~ ~~ ~ . ~ ~ 1 _ (, ~ ~ ~ ~ ~ ~. ~~ ' ; s ~ 3 I ~ ~; ~ ~ . ; ~ ,~ ~~~, ~ I r, ~~; ~ ~ ~~ ~ . ~ ~~ ` E s ~ r i =' i~l i ~ i II ~ I ,_ ~3 , ; 3~ 9 ~r s July 3, 2008 P P 08-001 MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT SLN Planning, Inc. ITEM NO. 10 REQUEST Continued Public Hearing from June 24, 2008 -- Request for Preliminary Plat approval of 52 commercial /office lots and 1 common lot on 38.21 acres in a proposed C-G zone for Browning Plaza --- 505, 521, 615 & 675 W. 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: COMMENTS See Previous Item Packet /Minutes See attached Memo from Staff MERIDIAN POST OFFICE: OTHER: See attached Letter from Donna Aldrich Contacted: ~ ~ ~(''~~ Date: ~ ~~ Phone: Emailed: Staff Initials• Materials presented at public meetings shall become property of the City of Mertdian. July 3, 2008 P P 08-004 MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT Cottage Investors, LLC ITEM NO. 11 REQUEST Public Nearing -- Request for Preliminary Plat approval of 6 building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield Subdivision -- 3295 East Falcon 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: COMMENTS See attached P8~Z Item Packet / Minutes See attached Recommendat(ons Contacted: ~ Date: ~ Phone: Emailed: Staff Initials: Materials presented at ubllc meetings shall become property of the City of Meridian. ~,'; i ~{ ' ~ I , ' } f L~ r^~ p J tl + { { ~'j '~ ` EAf I S i `s ~f t f ~~ 1 f ;; 7 ~ 3 u ~. { ~ E ' E 7 ! ; ~ j ~ i , ~ €~ ~ : 1 !~. { ~ F~ ~ , ~;. i ~: 1 t FF ~ i ` ~' I ~i. t ~ ~ i j [ `1~- .~ - I~_ ~ ~_ ~ ~ ~ .'k t ` x ~ ~k~ .,~ ~ § ~ ~~ r ~ a i t ~ F Y - ~ ~ ' ~ ~ ~" ¢, 1 > - 4r jiF ~ rl ~' ~~ trr ~i { $; ~~ ; ~ I~ I .~i~ It r; ~ r 1 ! ' ~ ~ 7 4r ~ 1 ~ ~ ~tj ~ f ,' , 4 ~ I ~. ~~ ~ i i. '~ ~ ~ ~ i 4 ~~~~ F ~ ! ? jj 1F ~ ~ ~ t' ~ e ~i ,3 j ,~ I j` it t: $. ~% 1~ li I I ' V! 5 T f y ~ ~ 1111 ' ,1 ~ ~ t, +; i ,Z. i ~7: 'E t~ ~I: 3i~ _~ t ~~ • • July 3, 2008 CUP 08-008 MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT Cottage Investors, LLC ITEM NO. 12 REQUEST Public Hearing -- Request for a Conditional Use Permit approval consisting of Assisted Living Facilities containing 5 buildings with 15 beds in an R-8 zone for Ma~eld Subdivision -- 3295 East Falcon Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached P>IiZ Item Packet /Minutes See attached Recommendations F~~~- ~ ~~'~~ OTHER: Contacted: ~ (n ~~ C' Date: ~ -'~ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Mertdlan. l~f~ i 1 I ~ ' 1 z i i i } F S 1 { ~~~:? I i + ~. i i 'i 3 ,; s i a • • July 3, 2008 AZ 08-006 MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT Denise Alter ITEM NO. 13 REQUEST Public Hearing -- Request for Annexation and Zoning of 0.92 acres from R 1 to an R-2 zone for Alfer Property -- 2741 East Leslie Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached P&Z Item Packet /Minutes See attached Recommendations Contacted: ~ j ~ ~~ ~ Date: ~~~ hone: Emailed: Staff Initials: Materials pre to public meetings shall become property of the Cfly of Mertdian. ~r`s~~d~ ~iQS~ ~ n~.~- i ~ -. I i ` 3 { d _ ~ j ~ ~ , , ~ ~ ; ~ ~ .a ~ ~ ~ I I '-.i ~ ~ i :~ ~ ~~ ~ , ~ t I 3 i ~ t ~ i i ~ ~ i `s ~ .~ 1, ~, ~ , ~u i S 3 ~ r ~ ,;~ d ~ ~ n . _ ~ . i j£ ~ ~ ~ i ~ ~ i ~ ~ : . i . ~:i ~ ~ ~ ~ { ` s; I E ~l ~ ~ i ~ i L " ~ ~ E ~ _ ~~ ~ € - J ~ `~ ~ ~ ~~ ~ ~' ~ ~ r 6 _ ~ ~ ~ ~ ~1' p j ` ~ ` ~ i ~ d ~ 4 s ~.: ~ ~ d Ids ~ ~j~ ~ ~@ r~ , ~ ~' ~ i ~ ; ~ ~ ~ ~ t ~ ' F F .~ ~ ~ i ~ ~ ~ I t f t : ~~ I ~ , ~~F; ~~ 4 r ~ ~~ ~ 1 k;` L ~~ ~. p}, ' ~ ~. ~ i k ~~ ~ ~ 1 iiil 1 . ~ i i. tl s ~ 1 ~ ~ ~ ~ ~ p E p ~ ~i -541! ~' ~; ~ ~ ' r ~ ~ S ~~ ~ ~ i. 3, { ~ L ~ r ! rrt a ~ r ~ ~i i ! ~ V July 3, 2008 ZOA 08-002 MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT City of Meridian Planning Department ITEM NO. 14 REQUEST Ordinance -- Request for a ZOA /UDC text amdmt to modify, clean up and add specific sections to the UDC for Unified Development Code Text Amendment No. 4 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~(J~~O~ l CITY SEWER DEPT: , CITY PARKS DEPT: ®~ - 13 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. ~ ` f ~~ ` 1 I ~ i is f } t ~I,r ~ ~ 3 3 ~ ~ r F ~ ~ ~ ~ ~ ` g '~ ~ ; ~ , . 1 ~' s~ .~ w. ~~ r ~ " i _ ~ ~ : i ~ ~ ~ ~ 5~; ~ ~~ i; ~ t ~ ~~~~ ~ ~~ ~.~ ~ t~ ~ ~ ~ ~ I I -- ~ ~ t S ~~ 1~r, t~ ~ r } } r i ~, F. t ~ L. ~ :~ ~ ~ ' ~ r ~ i. f . ~ 1t ~ ~ ; ' f~ i ~ i., S ' . 4 ~ h' t i r q 4 7~ [ ~ ! r k? ~ ~ ,. } I ~j t L ~ ~. f ~i ~ i ~' ( ~ 3 t:~ ~~ ~ s ~~ 1 ~ - I a! ki ~' I 35 a , ~ , i Q 5 i t aT ~ ~ i r L ~ a ~ ] 1 )) f j j 1 f n~, 7 ~.~. ~ ~. ~ ~ I 'fA , I /A~ 1 `!' ~ I` ' I. 1 1 ~ 1 ` } 1i } •~~F I ~~ y ~ ~ l ~ I" i ~ E . 1 1 R ~ , i F '~ ` ~ X51 - ~. ..'~' fri ~ E ~'. ~.! .. ~ ~ ~~ : ~i y~ }~. ~~. I ~ ti s V i { i i f ~~~ CITY OF MERIDIAN ORDINANCE NO. ~ oZ., BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 11 OF THE MERIDL~N CITY CODE REGARDING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDL~N CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11, Unified Development Code, of the Meridian City Code is amended to read as follows: Section Pro osed Text Chan e 11-1-12 D. The city may withhold anv approval and/or permit for anv and all proposed activities or uses on anv real propefir with outstanding violations of this Title, except that such approval and/or permit shall not be withheld where such withholding would adversely affect health, safety or the general ublic welfare. 11-1A-1 ARTS, ENTERTAINMENT AND RECREATION FACILITIES: The use of a site or facility for entertainment, spectator sports or recreational activities. The use includes, but is not limited to: amusement parks, carnivals, motion picture and performing arts theatres, racetracks, sports fields, golf courses, fitness clubs, karate lessons. yoga classes, activiiv studios, museums, zoos, marinas, bowlin ,video and other ames and amusements. 11-1A-1 CONFERENCE CENTER: A facility that is designed, constructed, and devoted to hosting conferences exhibitions tar a meetin s seminars and trainin sessions. 11-1A-1 EDUCATION INSTITUTION, PRIVATE: The use of a site for education purposes not supported by the state of Idaho. The use includes, but is not limited to, elementary and secondary schools; institutions of higher teaming; professional, technical and trade schools; driving schools; and fine arts schools-~ stad+es. UDC ORDINANCE AMENDMENT -July, 2008 Page 1 of 16 • / • 11-1A-1 PROFESSIONAL SERVICES: See definition of Personal and Professional Services 11-1A-1 RESEARCH AND DEVELOPMENT FACILITY: A business engaged in research and development of ideas and applications in technologically intensive fields including but not limited to medical and biomedical technology, computer software and information systems, and telecommunications. Prototype development, assembly and testing as well as supportive administrative and coroorate functions ma be associated with such uses. 11-2-1 ZONING DISTRICTS ESTABLISHED: For the purpose of this Tite, the incorporated territory of the City of Meridian, Idaho, is divided into the following zoning districts: COMMERCIAL Neighborhood Business District C-N Community Business District C-C General Retail and Service Commercial District C-G Limited Office District L-0 Mixed Employment MM=E High Density Employment HH=E 11-2 3: APPLICABILITY: It shall be unlawful and a violation of the unified development code for any person to use construct, locate, initiate, alter or maintain any structure, land or real propefir, or cause any structure land or real property to be used, constructed, located, initiated, altered or maintained in any manner which violates, omits, or fails to conform to any applicable procedure, standard, or requirement established b this Title for the zonin district in which such structure land or real roe is located. 11-2A-2A Permitted uses and accessory uses shall be reviewed in accord with chapter 3, "Standard Regulations in all Districts", chapter 4, "Specific Use Standards", and chapter 5, "Administration", of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains each and every applicable ermit from the ci . 11-2A-26 Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", chapter 3, "Standards Regulations in all Districts", and the specific use standards in chapter 4, "Specific Use Standards", of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any conditional use unless such erson shall first obtain a conditional use ermit from the c" . 11-2A-2C Any use not explicitly listed, or listed as a prohibited use in table 11-2A-2 of this section is prohibited in all residential districts. It shall be unlawful and a violation of the unified development code for any erson to conduct in a residential district an rohibited use. 11-2A-4 LOW-DENSITY RESIDENTIAL DISTRICT R-2: The maximum ross densi allowed is two 2 UDC ORDINANCE AMENDMENT -July, 2008 Page 2 of 16 • dwellings per acre. Dimensional standards for development in the R-2 residential district shall be as follows: 11-2A-5 MEDIUM LOW-DENSITY RESIDENTIAL DISTRICT (R-4): The maximum gross density allowed is four (4) dwellings per acre. Dimensional standards for development in the R-4 residential district shall be as follows: 11-2A-6 MEDIUM-DENSITY RESIDENTIAL DISTRICT (R-8): The maximum gross density allowed is eight (8) dwellings per acre. Dimensional standards for development in the R-8 residential district shall be as follows: 11-2A-7 MEDIUM HIGH-DENSITY RESIDENTIAL DISTRICT (R-15): The maximum gross density allowed is fifteen (151 dwellings per acre. Dimensional standards for development in the R-15 residential district shall be as follows: 11-2A-8 HIGH-DENSITY RESIDENTIAL DISTRICT (R-40): The maximum gross density allowed is forty (40) dwellings per acre. Dimensional standards for development in the R-40 residential district shall be as follows: TABLE 11-2A-2 Multi-family development and Wireless communication facility, amateur radio antenna: Add IVofe 7. TABLE 11-2A-2 Personal er~refessisHal service -- - - - A Professional service = _ = _ A Vertically integrated residential projects - - - C C Wireless communication facility, A/C A/C A/C A/C AIC amateur radio antenna? 11-2A-3D3 One detached accessory building that is less than redone hundred and twenty (~9A120~, square feet in area and eight feet (8') or less in height shall be allowed in the required rear yard. In no case shall an accesso buildin be allowed in the street and or the re wired side ard. 11-2B-1: PURPOSE: The purpose of the Commercial Districts is to provide for the retail and senvice needs of the community in accordance with the Meridian. Comprehensive Plan. Six P~(64) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and ma of allowed commercial uses, and the location of the district in proximity to streets and highwa s: TABLE 11-26-1 District Allowed Uses Location Neighborhood Small scale convenience with Access to arterial or collector business district C-N limited hours of o eration Community business Larger scale and broader mix of Access to arterials or district C-C retail, office, and service uses nonresidential collectors General retail and Lar est scale and broadest mix of Close roxim' and/or access to UDC ORDINANCE AMENDMENT - 7uly, 2008 Page 3 of 16 ~ • • service commercial district C-G retail, office, service, and light industrial uses interstate or arterial intersections Limited office district (L-0) Office centers and adaptive reuse of residential structures with limited hours of o eration Access to arterial or collector Offices, medical centers. research Mixed employment and development facilities, and.light Access to arterial or collector industrial uses with ancillary su ort services. High Density Employment (H-El Corporate headquarters, office complexes, research and Close proximity to federal and state development facilities and highway interchanges and major complementary services such as arterials conference centers and hospitality use with limited retail. 11-2B-2A Permitted uses and accessory uses shall be reviewed in accord with chapter 3, "Standard Regulations in all Districts", chapter 4, "Specific Use Standards", and chapter 5. "Administration", of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a commercial district any permitted or accessory use unless such person first obtains each and every applicable ermit from the ci . 11-2B-2B Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", chapter 3, "Standards Regulations in all Districts", and the specific use standards in chapter 4, "Specific Use Standards", of this title. It shall be unlawful and a violation of the unified development code for any person to conduct in a commercial district any conditional use unless such erson shall first obtain a conditional use ermit from the c' . 11-2B-2C Any use not explicitly listed, or listed as a prohibited use in table 11-2B-2 of this section is prohibited in all commercial districts. It shall be unlawful and a violation of the unified development code for any erson to conduct in a commercial district an rohibited use. TABLE 11-2B-2 See aifached TABLE 11-2B-3 Replace w-th Table below. Retain existing notes. Add Note 4: Subject to design guidelines in Ten Mile Interchange Specific Area Plan. Dimensional Standards' C-N C-C C-G L-0 M-E H-E Front setback in feet 0 Rear setback in feet 0 Interior side setback in feet 0 0 0 10/52 0 0 UDC ORDINANCE AMENDMENT - July, 2008 Page 4 of 16 ~ • • Street landscape buffer (in feet) Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to residential 20 25 25 20/102 See Note 4 uses in feet Maximum buildin hei ht in feet 35 50 65 35 65 95 Maximum building size without 7,500 60,000 200,000 10,000 See Note 4 design standard approval as set forth in section 11-3A-19 of this title ins ware feet Parking requirements See chapter 3, article C, "Off Street Parking And Lo Re uirements", of this title Landscapin requirements See cha ter 3, article B, "Landscaping Requirements", of this title 11-2B-3A 4. Business hours of operation within the L-0 and C-N districts shall be limited from 6 am to 10 pm. This restriction applies to all business operations occurring outside an enclosed structure, including but not limited to customer or client visits, trash compacting, and deliveries. This restriction does not apply to business operations occurring within an enclosed structure, including but not limited to cleaning, bookkee in and afterhours work b a limited number of em to ees. 11-2C-2A Permitted uses and accessory uses shall be reviewed in accord with chapter 3, "Standard Regulations in all Districts", chapter 4, "Specific Use Standards", and chapter 5, "Administration", of this title. It shall be unlawful and a violation of the unified development code for anv person to conduct in an industrial district anv permitted or accessory use unless such person first obtains each and every applicable ermit from the ci . 11-2C-2B Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", chapter 3, "Standards Regulations in all Districts", and the specific use standards in chapter 4, "Specific Use Standards", of this title. It shall be unlawful and a violation of the unified development code for anv person to conduct in an industrial district anv conditional use unless such erson shall first obtain a conditional use ermit from the c' . 11-2C-2C Any use not explicitly listed. or listed as a prohibited use in table 11-2C-2 of this section is prohibited in all industrial districts. It shall be unlawful and a violation of the unified development code for anv person to conduct in an industrial district an rohibited use. TABLE 11-2C-2 Wireless communication facil' ,amateur radio antenna: Add Nofe 1 TABLE 11-2C-2 Personal er~rsfessieeal service A - UDC ORDINANCE AMENDMENT -July, 2008 Page 5 of 16 ding • Professional service A -- Wireless communication facility? P/C P/C Wireless communication facility, A/C AIC amateur radio antenna? P P TABLE 11-2D-2 Multi-famil development: Add Note 7 TABLE 11-2D-2 Conference center P = = Personal eF-pFSfessieaal service P P C Professional service P P C • Verticals integrated residential projects P P P Wireless communication facility, A/C A/C A/C Amateur radio antenna 11-2D-2A Permitted uses and accessory uses shall be reviewed in accord with chapter 3, "Standard Regulations in all Districts", chapter 4, "Specific Use Standards", and chapter 5, "Administration", of this title. It shall be unlawful and a violation of the unified development code for anv person to conduct in a traditional neighborhood district anv permitted or accessory use unless such person first obtains each and every a licable • ermit from the ci . 11-2D-2B Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in chapter 5, "Administration", chapter 3, "Standards Regulations in all Districts", and the specific use standards in chapter 4, "Specific Use Standards", of this titre. It shall be unlawful and a violation of the unified development code for anv person to conduct in a traditional neighborhood district an conditional use unless such erson shall first obtain a conditional use ermit from the ci . 11-2D-2C Any use not explicitly listed, or listed as a prohibited use in table 11-2C-2 of this section is prohibited in all traditional neighborhood districts. It shall be unlawful and a violation of the unified development code for an erson to conduct in a traditional nei hborhood district an rohibited use. 11-2D-3B4 In the ~ 0-T districts, additional height exceeding the maximum height allowed for the district requires approval through a conditional use permit. In the TN-C, the additional height allowed is limited . a to s: a. Additional height not to exceed twenty percent (20%1 of the maximum height allowed for the district may be approved by the director through the alternative compliance procedures set forth in chapter 5. "Administration of this titre Additional height shall be allowed when the development provides to percent (10%) of the building square feet in open space. courtyards. patios. or other usable outdoor space available for the employees and/or patrons of the structure. excluding required setbacks and landscape buffers. b. Additional height exceeding twenfir percent (20%lof the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with sub io 3d o is s ion re fires royal hrou h o i Tonal use ermit. UDC ORDINANCE AMENDMENT -July, 2008 Page6of16 i 11-2D-4 11-2D-5 A. Maximum building height is forty five feet (45'). B. Minimum number of stories for new construction adjacent to anv street is two (2). C. Maximum building footprint is twenty thousand (20,000) square feel;; however other than retail, all other uses may be allowed a footprint of greater than 20.000 sauare feet through the conditional use ermit rocess. 11-3A-2 APPLICABILITY: This article shall apply to the development of all principal permitted, accessory, and conditional uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with the specific use standards, or other regulations of this title. It shall be unlawful and a violation of the unified development code for anv person to use, construct, locate, initiate, alter or maintain anv structure, land or real property, or cause anv structure, land or real property to be used, constructed, located, initiated or maintained, in anv manner which violates, omits, or fails to conform to an rocedure standard or re uirement set forth in this cha ter. 11-3A Relocate and rename CLEAR VISION TRIANGLE. Renumber ACCUMULATION OF JUNK and BIKEWAYS 11-3A-35: ACCESS TO STREETS: The followina standards shall apply unless otherwise waived by City Council. The intent of these standards is to improve safety by combining and/or limiting access points to collector and arterial streets and ensuring that motorists can safely enter all streets. A. The followina standards shall apply to any use and/or properly that takes direct access to an arterial and/or collector roadway: Prior to anv new, expanded, or extended use or development of the property: 1. Where access to a local street is available, the applicant shall reconfiQUre the site circulation plan to take access from such local street. 2. Where access to a local street is not available, the property owner shall be required to grant cross- access/unaress-egress easements to adjoining properties. This standard is intended to apply primarily to non-residential properties, but may extend to residential properties where the use is anticipated to .change to anon-residential use. 3. All subdivisions must provide local street access to any use that cun'entiy takes direct access from an arterial or collector street. B. All landscaping or constructed features within the clear vision triangle shall comply with the restrictions asset forth in this section. A1. Measurement of the clear vision triangle: (Subsequent sections within the cleat vision triangle section to be renumbeYed.) 11-3B-19C1 b. Primary Public Entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. c. Length Facing a Public Street: Windows, awnings, or arcades shall total a minimum of thirty percent 30% of the fa ade len th facing a public street. UDC ORDINANCE AMENDMENT -July, 2008 Page7of16 11-3C-561 ~,,,,°n+ ,~ n+h°neri^° nrnrrirl°,+ in +"i^ ^°,.+inn °ell off street parking areas and driveways into and , through a parking area shall be improved with a compacted gravel base, not less than four inches (4°) thick, surfaced with asphaltic pavement. Infreguentiy used parking areas, as determined by the director, may be improved with other dustless materials, including, but not limited to, asphalt, concrete, pavers, bricks, or recycled asphalt (asphalt grindings). In such cases, the Meridian Public Works Department shall review and approve of the dustless material improvement prior to construction. TABLE 11-3C-6 REQUIRED PARKING SPACES FOR RESIDENTIAL USE USE ARID FORM NUMBER OF REQUIREDPARKING SPACES' BEDROOMS PER UNIT Dwelling, multifamily3 tri- lex 1 1.5 per dwelling unit; at least 1 in a covered four-plex, apartments etc.) ~-f~edfesr~ ^^°-r°^+ri^+°,+ °'r+°.~~r "^„^in^ 2/3 4± carport or garage 2 per dwelling unit in a covered carport or ag rage 3 per dwelling unit; at least 2 in a covered carport or garage 9 nor ~~er°Ilinn ,rni+ 1 in .~ nn~r°rnri nmm~rF nr ~p r y" `"~ " ~ p 5M' ~~v Dwelling, seconds 1 1 per dwellin unit Age restricted elderly housing attached or detached)3n'er°D7oG7'R~ ~^~, 1 2± 0.5 per bed 2 per dwelling unit; at least 1 in an enclosed side-faar~ilyfaed garage, other may be a minimum 10 foot by a-f3edfeers 20 foot parking pad between access and as raae~ ~ 4 ~l~ v 9~1' n~rLinn nor! "°fiu®°n inn°^e ~nr! 7 n°r r~rernllinn ,rni+ in ~n °nnlnn°~ n~r~n° wi+" ~ 7n~ v 9f1° n~r4inn nor! hnfiu°°n inn°ee ~nr~ Dwelling, duplex and Dwelling, 1 2 per dwelling unit; at least 1 in an enclosed single-family detached garage, other space may be a minimum 10 attached townhouse foot by 20 foot parkins pad between access 2/3/4 and garagez 4 per dwelling unit; at least 2 in an enclosed garage, at least 2 spaces being a 20 foot by 5+ 20 foot parking pad between access and ara ez 6 per dwelling unit; at least 3 in an enclosed garage, other spaces shall be a minimum 10 foot by 20 foot parkins pad between access and saraQe2 r , UDC ORDINANCE AMENDMENT -July, 2008 Page8of16 i ~~ '~, ~we~~ tewRhe~se 47 ner rluiellinn nni# 1 in ennlnenrl nnronn uri#h ~ ~ ~ 7 nor rluiollinn nni# in ~n onnlneorl nnronn wi#h I ~ 9rn v 7rn narLinn n~rl hefiueen ~nnnc~e ~nr# a f~F R -- AB ~ , ~ 1 n° v 9n~ n~rLinn n~rl hefiueon ~nnnc~c..~nr! ~ 9n~ v ~rn n~rLinn nor! hefiunnn ~nnoc~e ~nr! The size of the garage required for dwelling units shall be measured by exterior dimensions and shall be at least ten by twenty feet (10' X 20') for gone-space garage and twenty by twenty feet (20' X 20') for atwo-space- garage. z The parking pad shall be measured from garage face to edge of sidewalk or edge of paved travel Ian (public street, private street, or alley). 3 For condominium protects the required number of parking spaces shall be determined by the director based on the proposed development. If the proposed development is similar to a single family development, such standards shall. apply. If the proposed development is similar to amulti-family a artment com lex such standards shall a I . 11-3D-2D Exemption: 1_Public hearing notice signs as required by section 11-5A-5D of this title shall be exempt from the provisions of this article. 2. Any sign erected by or under the authority of the City of Meridian on roe owned b the Ci of Meridian shall be exem t from the rovisions of this article. 11-3D-(iB 3. Temporary signs in residential districts are allowed, provided that such signs are no more than six (6) square feet in area and no more than one temporary sign is displayed per property. > ~ , uch signs shall only be installed with the prooefir owners consent and shall comoly with any and all aaolicable federal. state. local. and Ada County Hiahwav District requirements. including but not limited to clear vision triangle restrictions. 4 . , nr nhnnrl r~iren#Iv noon #hn nh~e c~nrfnno #hn #mm~nroni 0 0 0 ;}Handheld signs are allowed. 5 . UDC ORDINANCE AMENDMENT - 7uly, 2008 Page9of16 6. Temporary signs related to temporary uses regulated by the provisions of Title 3, Chapter 4, Meridian City Cade, shall not require a temporary sign permit under the provisions of this title, but shall comply with any and all applicable provisions of Title 3, Chapter 4, Meridian City Code. 11-3D-7 The following temporary sians shall be allowed without a permit, provided that such sians comply with each and every applicable standard as set forth in this section and any other applicable provision of this Title. 11-3D-7L permanent and temporary window signs shall meet all the following standards: The copy of each and every permanent and/or temporary window sign shall be painted directly upon the window glass surface or composed of a transparent material affixed directly upon the window glass surface. The copy area of permanent window signs shall not exceed twenty five percent (25%) of the total window area. The combined total background area of all temporary and permanent window signs shall not exceed fifty percent (50%) of the total window area per building elevation. 11-3D-8D3 Number Allowed: Each business with exterior frontage in office, commercial or industrial districts or as otherwise approved as part of a planned development shall be permitted wall signs. The combined area of all signs on a single wall shall not exceed the allowable percentage. Wall sians for each tenant shall be located over the main ublic entrance for the business. 11-3D-8H1c Public middle school and high schools shall be allowed one on premises animated sign where the animation is a maximum of thirty percent (30%) of the sign background area, regardless of the zone in which the school is located. The director may approve an alternative off premises location where it provides better information to the community. In no case shall more than one animated sign be allowed. Maximum height for school signs shall not exceed fifteen (15) feet and maximum background area shall not exceed ei h 80 s uare feet. 11-4-2 APPLICABILITY: These regulations apply to any property where the specific use is listed as a permitted, accessory, or conditional use in the tables of allowed uses by district in accord with chapter 2, "District Regulations", of this title. It shall be unlawful and a violation of the unified development code for any person to use, construct, locate, initiate, alter, or maintain any structure, land or real property, or cause any structure, land, or real property to be used, constructed, located, initiated or maintained, in any manner which violates, omits, or fails to conform to any procedure, standard or requirement set forth in this cha ter. 11-4-3-9A4 Upon tentative approval of the application by the director fora , da care center facility, the applicant or owner shall a°nnrn .,^a m„^+.,,^ ° h°~c,. ,~°.,,.°.° lin°ne° frnm +~° ~+°~° s#~ak~e-departhaen#~healtl~a~we#a,~fan~a„d-e ' r° T'TSe; r~o~~dTa;s;en. provide proof of criminal background checks and fire inspection certificates as required by Title 39, chapter 11, Idaho Code. Said roof shall be rovided rior to issuance of certificate of zonin corn Hance. UDC ORDINANCE AMENDMENT -July, 2008 Page l0 of 16 ~~ 11-4-3-12C Maximum Size: Secondary dwelling units shall be limited to a maximum of seven hundred (700) square feet and one (1) bedroom in size. 11-4-3-21 H No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the ersonal service as ect of the home occu ation. 11-4-3-43C Process based on Standards and Districts: The process for wireless communication facilities is dependent upon standards as set forth in this section and the district in which the facility is located 1. Amateur radio antennas (i.e., HAM radio antennas): a. Towers supporting amateur radio antennas that do not exceed the maximum building height limit for the district in which it is located shall be deemed an accessory use and shall require certificate of zoning compliance approval prior to installation. b. Towers supporting amateur radio antennas that exceed the building height limit for the district in which it is located shall require conditional use approval. c. Within residential districts, no towers supporting amateur radio antennas shall be placed within the front, side or street side yard. +"~+ ^^°°++he ~+,n,+~.~~ ~~ ~e+ fn.+~ cn ~„h~e,.+,nn ~ of+~,~ ~e,.+cnn ~~.,~~ d. Within non-residential districts, towers supporting amateur radio antennas shall meet the setback standards as set forth in subsection 11-4-3-43G. 2. Collocation of new equipment on an existing tower within any district shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. n~ ~c +h~+ m n+ c~+~nrh rr+c~ ~o oo# fnrlh in nh~n+er C. or+inlo R tea towers: ~-tean~-,,,~,,,e~ ~Q~,~ ~~~R~ ~~ ~ o„~~~-~, ~~ ~a,~~ "Cnenifin Drnvieinnc."~ of +hic~ +,+~o, Stealth towers shall be those that are determined by the director to be hidden or camouflaged and that do not exceed the height limitation of the district in which it is located. Stealth towers meeting these standards shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. 4. Wireless communication facilities in an industrial district that do not exceed one hundred feet (100') shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. . 5. All other wireless communication facilities that meet the standards as set forth in subsections 11-4- 3-43E throw h 11-4-3-43K shall re wire conditional use a royal. 11-4-3-43 ' ., 11-4-3-43 G C+o.~l+h Tnwer a+~n,+~r.+~. 1 The f~nilifii c~hall he hirli+nn n~ n~mni ~fl~nor! UDC ORDINANCE AMENDMENT - July, 2008 Page 11 of 16 ~ ~ `~ 11-4-3-43 E6. Antenna Standards writhin Residential Districts: The followring standards shall apply to all wireless communication facilities within residential districts except those that qualify as amateur radio antennas asset forth in subsection C above: 1. The antennas shall be less than four (4) square feet in area and mounted to: a. New poles (not lattice structures or structures requiring guy wires ~stfeet4igf}ts). b. Existing poles or streetlights. c. Buildings. d. Towers. e. New streetlights in existing neighborhoods shall only be allowed with approval of the public works director. The public works director shall determine if the benefit derived from the new streetlight is greater than the maintenance and increased utility fees associated with the streetlight. 2. The facility shall not exceed the height limitation of the district in which it is located. 3. Where the applicant does not own the supporting structure, antennas attached to support structures shall be allowed only after securing a license agreement with the owner and other responsible parties, as applicable. 4. Streetlights or poles with attached antennas shall be separated by a minimum of five hundred feet (500'). 5. Antennas attached to streetlights shall be painted to match the streetlights and shall be attached only to Meridian standard streetlights (not on ornamental fixtures). 6. Any facilities within residential districts not meeting these standards shall require approval of a variance in addition to conditional use approval. 11-4-3-43 #: F. Desi n Standards: 11-4-3-43 G~. Setback Standards: 1. If the tower does not exceed the maximum building height allowed for the zoning of the land upon which it is to be placed, the tower shall meet the setback requirement for that zone, with the following exceptions: a-1 if the property is located next to a residential district, the setback requirements shall be one hundred twenty five percent (125%) of the height of the tower. a2. If the tower exceeds the maximum height allowance for the district, the setback requirements shall be one foot (1') for every ten feet (10') of tower height, in addition to the district's setback requirements. ~3. If the tower is not constructed to meet the standards set forth in the Telecommunications Industry Association/Electronic Industries Association (TIA/EIA) 222 revision F standards entitled °Structural Standards For Steel Antenna Supporting Structures" the setback requirement shall be one foot (1') for every foot in height of the tower. This shall be measured from all property lines and shall be referred to as the "fall zone". Only the accessory equipment building shall be permitted to be located within the fall zone. 24. Communication towers must be set back from all public _ streets by a minimum of two 2 times the hei ht of the tower to be installed. If this setback re uirement is in conflict UDC ORDINANCE AMENDMENT -July, 2008 Page 12 of 16 (' r~ with any other setback requirement, the setback shall be the greater distance. .,~.,..c.,~i .,.+e„.,t ~+~ee+~ 5. Any facilities not meeting these standards shall require approval of a conditional use and a variance. 11-4-3-43 ~-H. Collocation Standards: 11-4-3-43 ~I. Abandonment Or Unused Towers Or Portions Of Towers: 11-5B-4B Applicability: The provisions of this sections shall apply to requests to vary from the requirements of this title with respect to lot size, wridth, and depth; front, side, and rear setbacks; parking spaces; building height; a~ all other provisions of this title affecting the size and shape of a structure or the placement upon properties; and the placement and/or number of access points to state highways. If a means of alternative corn liance is available it should be exhausted before a I in for a variance. 11-5B-5B 4. Requests for alternatives to on-site parking, as outlined in section 3C-7 of this title, are not subject to the rocess standards and/or fees contained in this section. 11-5B-7D Required Findings: Upon recommendation ftom the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the comprehensive plan, the council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the comprehensive plan. 2. The proposed amendment provides an improved guide to future growth and development of the city. 3. The proposed amendment is internally consistent with the goals, objectives and policies of the comprehensive plan '~"~ 4he nmm~~ehonci„n nhn hnr~ nee min 4. The proposed amendment is consistent with this unified development code. 5. The amendment will be compatible with existing and planned surrounding land uses. 6. The proposed amendment will not burden existing and planned service capabilities. 7. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate anv anticipated impact associated with the development of the area. 8. The pro osed amendment is in the best interest of the c' of Meridian. 11-6-2C All subdivisions shall meet the design standards as set forth in article C, "Subdivision Design And Improvement Standards", or this chapter. It shall be unlawful and a violation of the unified development code for anv person to use, construct, locate, initiate, alter, or maintain anv structure, land or real property, or to cause anv structure, land, or real property to be used, constructed, located, initiated or maintained, in anv manner which violates, omits, or fails to conform to anv procedure, design standard, and/or re uirement set forth in this cha ter. 11-6A-2 APPLICABILITY: These regulations shall apply to the subdivision of all land within the legally defined Meridian city limits and the area of city impact. It shall be unlawful and considered a violation of the unified development code for anv person to initiate or cause to be initiated the subdivision of anv land or real property in any manner which violates, omits, or fails to conform to any procedure, design or improvement standard, and/or requirement set forth in this chapter. UDC OitnINANCEAMENDMENT -July, 2008 Page 13 of 16 • c: 11-6B-(iA The plat is in conformance with the comprehensive plan and is consistent with this unified development code. 11-6B-7C Authorize Extension: Upon written request and filing by the applicant prior to the termination of the period in accord with subsections A and B of this section, the director may authorize a single extension of time to feser~-obtain the city engineer's signature on the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the city council may be granted. With all extensions, the director or city council may require the preliminary plat, combined relimina and final plat or short lat to com I with the current revisions of this title. 11-7-2 APPLICABILITY: A planned unit development can be developed in any district. It shall be unlawful and a violation of the unified development code for any person to use, construct, locate, initiate, alter, or maintain any structure, land or real property, or to cause any structure, land, or real property to be used, constructed, located, initiated or maintained, in any manner which violates, omits, or fails to conform to an rocedure standard andlor re uirement set forth in this cha ter. Table 11-2B-2 Allowed Uses in the Commercial Zoning Districts Use GN C-C C-G L-0 M-E H-E Animal care facili ~ P P P C C Artist studios P P P - - - Arts, entertainment or recreation facility, indoors P P P C = Arts, entertainment or recreation facility, outdoor stage or music venue - C C _ = Arts, entertainment or recreation facility, outdoors C P P - = = Building material, garden equipment and su plies C P P - = = Cemete ~ - -- -- C - - Church or lace of reli ious worships P P P P C C Civic, social or fraternal or anizations~ C C C C - - Conference center - -- P - C P Da care centers A/C A/C A/C P A/C A/C Da care, famil ~ A A A A _ _ Da care, rou ~ P P A P C C Drinkin establishments C C C -- - C Drive throu h establishments AIC A/C AIC -- - - Educational institution, privates P P P P P P Educational institution, public1 P P P P P P E ui merit rental, sales, and services -- C C - - - Financial institutions P P P P P A_ Flex s aces - P P - P - Fuel sales facility' C P P -- = C Fuel sales facili ,truck sto ~ -- -- C - - - Healthcare or social services P P P P P P Hos itah - C C C P UDC ORDINANCE AMENDMENT -Dilly, 2008 Page 14 of 16 ,a ~• Use C-N C-C C-G L-0 M-E H-E Hotel and motels P/C P/C P/C -- C P Indust , informations P P P C P P Indust , li ht~ -- - C C P C Laundromats P P P C -- - Laund and d cleanin - C P -- - A Mortua C P P - - -- Multifamil develo menu - C C -- - - Nurse or urban farms C P P C -- -- Nursing or residential care facility C C - C = = Parkin facili C C P C C P Parks, ublic and rivate P P P P P P Personal service P P P P A A P rofessional service P P P P P P Public, infrastructure C~ C C C C C Public or uasi- ublic uses P P P P P P Public utility, minor P P P P P P Recreational vehicle park -- -- P -- - - Research and development facility - -- P - P P Restaurant P P P C A A Retail store P P P -- A A Stora a facili , outsides A A A - - - Storage facil' ,self-services - C C -- = = Tem ora use A A A A A A_ Vehicle repair, minors A P P -- Vehicle sales or rental and seroice~ -- C P - -- -- Vehicle washin facil' ~ C P P -- - A Verticals inte rated residential pro'ect~ C P P C = = Warehouse ~ - - A -- A/C - Wholesale sales - -- A -- Wireless communication facili ~ P/C P/C P/C P/C P/C P/C Wireless communication facility, amateur radio antenna? A/C A/C AIC A/C A/C A/C Note: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. Section 2. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 3. 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 on ~~, ~ 2008. ` ~~ ` PASSED by the City Council of the City of Meridian, Idaho, this ~ -day of 2008. UDC ORDIN CE AMENDMENT -July, 2008 Page 15 of 16 ~~ ~e PROVED by the Mayor of the City of Meridian, Idaho, this ~ day of 200. APPROVED: r~ YOR ATTES ```~~`~~~~uu~~~i~~i~~~~~'' •~, sy~, •~ ~ -. o CITY E _ $$AL ~ ~ y '~ O -nt tt UDC ORDINANCE AMENDMENT -July, 2008 Page 16 of 16 ~ ~ 1 ~ ~ i i ~ 'f_ . ~ q- i ~ 1 ~ t 3 i ~ P~ f ~ F~ ~ i n;T V; ~ }; ~ ~ ~ ~ `'. ie ~ c, ~ t ~ C~ r u a ~: ~ 3J ~ ~ t ~ ~ ~ , ~ 's ~i ~ ~j ~ ~ ~ ~ i '~ ~ 's 1 s s ~ ~ I ~ ~ ~~ ~ I ~~ f~ ~ ~ ~ 7 `cqF ~ •~., ' - z ti . r 1E ~ ~ 7 ~ [ ~~ ! ~ f C _d ~ ~ f_ ~ ~ i ~ ~ ~ t `` l 4 . U ~~ 1~ ~ ~ } ~ ~ ~ , ~ y}?F , 4 j ` ~ ~ ~ ~ ~ ~j y ~ ~ t - ~ jl ~. 4 - :i ~ ~ ~~ ~ ~ ~ h .. , , ~ ~ 3~ ~,, ~ x _ 1 ~ ~ r f t ~ F ~ - ~ ,/ ~ ~ { ~ ~ ~ i ~ ~ 1 r ~ >~ ~ I t ~ i )' ~ ~ i ~ ~ 7 1 C ~ I ~ 1,~ ~F ~. ~ ~ ~, { e July 3, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT ITEM NO. ~ S REQUEST Oridnance -- 2008 National Electric Code Amendment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: i 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 properly of the City of Meridian. ;,i i -~ 1 `~ ~ ~~, ~ ~ ~ ~ ~;~ i~ ~, ~ P,~ j ~ 7 ~ r~~:! ~~ !~' ~L t~ ,~n ~ it ~ ~ i a l t. t ~ {t y# if ~~ t. i ; i+ r. j y ~r- p ~ ~ o i } , ,~, ~s ; ~ !! f, i 4 _ -p 1 ~~` ~ R {. i~k j i ~ ! • CITY OF MERIDIAN ORDINANCE NO. ~(~ ~ 7,~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 10, CHAPTER 3, MERIDIAN CITY CODE, REGARDING ADOPTION OF THE 2008 NATIONAL ELECTRICAL CODE AS AMENDED; ESTABLISHING A CITY ELECTRICAL INSPECTOR; REQUIItING A STATE ELECTRICAL CONTRACTOR'S LICENSE; REQUIItING PERMITS; REGARDING NONLIABILTY OF CITY; PROVIDING FOR SEVERABILITY AND A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, Chapter 3, Meridian City Code, is amended to read as follows: 10-3-1: NATIONAL ELECTRICAL CODE ADOPTED; ADDITIONS: AMENDMENTS: > ; - a 4 a ~ n • ~ 4 ~ ...at, „4 ~ e..,,,+t, t~o,• ;.~„~ a • a a •4 • i. • ~, a a •4; • ~ csva.ca uvuv , ti, 4 4 ~ ~~ 4 4ti, Y n 41,o 7 .•u~~a1- ~ ~ 1. 4v.+~~; • v, .. ...; 4L,;." 41,e ~;.v,;4c, ..~ 4'~.0 ..; 4:> as r , Y ~ ..F• ~ Qn 4 4i,o .,,,4;,,...,i nla..4ri~.., aaw.a.,aa...a „a..,,...,.» 1 ,.,, _ .,.,. ao ;~ .,,,4 ._ _.. ~., _ .,a,..,4oa~ ----~r ---i o A NEC Adopted There is hereby adopted by the Mayor and the City Council, for the purposes of regulating all electrical construction associated with the erection, construction enlargement alteration repair moving removal demolition conversion occupancy equipment use height area, and maintenance of all buildings or structures; providing for the issuance of permits and collection of fees thereof; and providing for penalties for the violation thereof certain electrical codes known as the 2008 edition of the National Electrical Code of the National Fire Protection Association, and the same are hereby adopted and incorporated in full as if set forth at length herein, including all appendices thereto save and except such portions as hereinafter deleted modified or amended by this section Chereinafter NEC). B Application The NEC as adopted by this chapter as well as all provisions of this chapter shall apply to the following: 1 Functions and duties of the Electrical Inspector. 2 New Installations Buildings with construction permits dated after the adoption of ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 1 OF 16 i • this ordinance shall comply with the requirements of the NEC. No person shall occupy and' newly constructed building which is, in whole or in part, in violation of the provisions of the NEC. 3. Existing Installations. Existinf; electrical installations that do not comply with the provisions of the NEC shall be permitted to be continued in use unless the City Electrical Inspector determines that the lack of conformity with the NEC Dresents an imminent danger to occ~ants or the occupancy classification changes. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance depending on the degree of the hazard. 4. Additions, Alterations, or Repairs. Additions, alterations, or repairs to an building structure or premises shall conform to that required of a new building without requiring the existing building to comply with all the requirements of the NEC Additions alterations installations or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the City Electrical Inspector. Electrical wiring added to an existing service feeder or branch circuit shall not result in an installation that violates the provisions of the NEC. C Amendments The following_amendments to the NEC shall apply: fir: 1. Anew provision shall be added as follows. Buildings Moved From One Location To Another: When a building is moved from one location to another the service entrance shall be inspected and made to conform to the requirements of the NEC. ' ; 1 71 n G 1 4' 1 1 4 : F41 7 1 ,7 ~ D .1 1, 11 1, 4 11 ~ 4 1 „4104 r .1 1, ~ 41, 0 „F b oa 11<~ ,-- vi-~r/ 41,o 1+,,;t~l;,,., ;c, ., a rr~ 0 0., .. .,., ~ . v va ua ,o.l r-~ c ,+• n ,-4.4; • ~Iri, o~;ae„4 ;.,1 1..,~ow,or4 • 4 a;,,;aoa ;,,4., ., ,..,4u ,.,,,,,.,~ .,..a YY b 1 ~ 1. .1 .,,.4;,,.r r,n,-F;4;e •~. 4 1 4 h .+ M\ .,,,4104 X1,,,11 l.o ;,,4.,110.1 ; v ~ 1 4; 1v l f ; „ 1, +-4; ,•4~iti~, ~ ..41,0 YY b y v,' ~ a 4 .e n,. ~, o „~ 4o . o nn i,s~v~ac r r Tl T T4'1'4, A a C ~ ~ ~c~„41e4~ 1. 0 ;«~4.,lle.a ,~~ TOrc~c F paG~Y,Pi@~~'@~~~ft a ,1 ,1 4 1 4 1, 11 1,.,41,...,.,.,-. c. „4;1;4,> ,-.,~„xo_l .a ~+ . '4, 4 1. 'rl ,1 -F v 1;x.1,4;.. ,,.1 ~ .,ll~ ' 7 l0 4.-: 1 4 4., l.o c.4.,110.7 . ..'4, J Y •41, ,4 41,0 „ N b' b no i,~ov4o,,.,; .,« i+i,v.1n JV Vl v(abvla.aav++ vva w/• 1 r ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 2 OF 16 ~. f, ci ~- n , °'- 1 4 a e}@C-~6 3~-E6E~-~ czra e$ ~rar-c r-gtzz , r ~~n ~ .,„a ~zn 71 , . n n n 4 4 ,.4 41, ° av ,,;a n4°°7 „v,a,<i4_ 4° a•n4° .v. °4n1 ,,,,«a,,;4 /7A iT/ti1 rili~CLi0.LL' lllt L0.1 VV11Li \ rr ~l , ~v 1, 'a a 4 1; ° 44,° .,a,,;4 „fl.,>„~.,,,4.,1 c.4...,;~, f3„ ,.>;+-°n >;11 „.,4 1,° ° cslli -v u ~ rv u via ~~ u r f'' A 1 n~Fr °.4 ~7 14 T rf 11 4' T„° 4r, 41.° ra° ~4.,.,a;,, as 4 4 4 o ; .,~F 41,° n4;,, nl °7®n4ri. n_ _ 1 a °r.4., ~ .,a, ..4~. «.a ° 1„ Y f '7 ~ 41 b. '0. 111 •, 11 • L. 4b. 4 11 4; 4 1. 111 L11,. laa..r ua,~a.s.,~vll .v .... .~~ a +a~~.r~• LT Q4,. 4 T 1,4' ~x7 171,.,4"°1°n4.•; ,, r°ll A° nd• T« 41,° ° °„4 c,4,.°°4 1; " .+1+4;«.. ,•o °„4n ,, rz ~ b z ~ o ; a 1 a 1 4 1,.,11 1,° ° n x;1,1° ~f _°n~ 41+ 4 41, ^ ,.a 1; 1,4 ; X4„11°a , > - y 41. ~. 4 a -~ 1. 1,,, ;a ° O J Y a° °7„ ,,,°.,4._412.,4 41.° ~a 1• 1,4 ~t, 1 4 1 ~ 1 1,° ,.,,.,4..,,11°a >,,, J G11L J11 41 1 1 V VV ~ a 1 • 1,4 1, 11 1, 1 4,-:...,11., „>;,-°a a;..°.,41<> 4., 41,° t~~•a ~ 1 4,.: 1 l~. 1 1 a .,1<> «,;41, 41,° ,,,,4;,x,,.,1 ola..+,-:..nl , ,..a° lawra~vaaL...l v1vvLl a,.w. , ........ 2. Anew provision shall be added as follows. Metal Raceways in Commercial Buildings. Notwithstanding the provisions of NEC Article 334.10(1-3~ all electrical work in any building to be used for commercial purposes shall be wired in an approved raceway with the exception of communication and si agn linf;. 3. Anew provision shall be added as follows. Suspended Ceiling Li ts. Any and all suspended ceiling lights shall be suspended by means of support wires independent from electrical wiring. This shall include smaller lights including, but not limited to, exit sigmas. Suspanded ceiling ligtihts over one square foot in area shall be suspended by means of two (2) support wires, one on each diagonal corner. 4. Anew provision shall be added as follows. Bell Rip ig~ng•Transformers. Bell ringing transformers shall be accessible for upkeep and repair and shall not be located in attics. 5. Anew provision shall be added as follows. Certification and approval of electrical products and materials. All materials, ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 3 OF 16 (~ ~~ devices, fittings, equipment, apparatus, fixtures, and appliances installed or to be used in installations that are supplied with electric energy shall be: a. Tested, examined, and certified/listed by an accredited electrical product testing laboratory as set forth in the list thereof maintained by the Idaho Division of Building Safety, Electrical Bureau; or b. Approved by the Citv Electrical Inspector, provided that such material device, fitting, equipment, apparatus, fixture, and/or appliance a ui ment is installed under an electrical permit issued pursuant to this cha tep rand conforms to industry and/or NEC standards. Where in the judgment of the City Electrical Inspector a field evaluation is necessary to .determine the compliance of the material, device, fitting, equi mp ent, apparatus, fixture, and/or alliance equipment with industry and/or NEC standards, such field evaluation shall be completed by an accredited electrical rp oduct testing laboratory as set forth in the list thereof maintained by the Idaho Division of Building_Safety, Electrical Bureau. Such approval shall not be required for products that are certified/listed on the list thereof maintained the Division of Building Safety, Electrical Bureau. 6. Anew provision shall be added as follows. Temporary Uses. a. Anv and all electrical circuits and/or wiring which are in, upon, or used within a temporary structure and/or which are at, for, or used by a temporary use shall be protected b~ground fault circuit interrupter protection (GFCI) at the source. This shall include, but shall not be limited to, all cords that are located in, upon, or across open areas, parking areas, walkways, planters, drive aisles, and/or inside an~portion of a temporary structure. b. Anv and all lisrhtin~ bulbs which are in, upon, or used within a tempor structure and/or which are at, for, or used by a temporary use shall be completely enclosed by Mass fixture lens. Any and all fluorescent lamps which are in, upon, or used within a temporary structure and/or which are at, for, or used by a temporary use shall be completely enclosed in tube wards. c. Any and all temporary or extension cords used for power in, upon, at, for, or used by a temporary structure andlor a temporary use shall be in good condition and undamaged, and shall have no splices or open conductors. 7. Article 210.12 shall be deleted and replaced with the following lan~.tage. Arc-Fault Circuit-Interrupter Protection. a. Definition: Arc-Fault Circuit Interrupter. An arc-fault circuit interru~ ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 4 OF 16 • '~ is a device intended to provide protection from the effects of arc faults by recognizing characteristics unique to arcing and by functionin to de- energize the circuit when an arc fault is detected. .b. Dwelling Unit Bedrooms. All 120-volt, single phase, 15- and 20-am ere branch circuits supplying outlets installed in dwelling unit bedrooms shall be protected by a listed arc-fault circuit interrupter, combination type installed to provide protection of the branch circuit. c. Exception: The location of the arc-fault circuit interrupter shall be permitted to be at other than the origination of the branch circuit in compliance with both of the following: ~1) The arc-fault circuit interrupter installed within six (6) feet of the branch circuit overcurrent device as measured along the branch circuit conductors. (2) The circuit conductors between the branch circuit overcurrent device and the arc-fault circuit interrupter shall be installed in a metal raceway or a cable with a metallic sheath. 8. Article 680.26 shall be deleted and replaced with the following language. Bonding. a. Performance. The bonding reauired by this section shall be installed to eliminate voltage gradients in the pool area as prescribed. This section does not require that the 8 AWG or larger solid copper bonding conductor be extended or attached to anv remote panelboard, service equipment, or any electrode. b. Bonded Parts. The following specified parts shall be bonded to eg ther: 11 Metallic Structural ComDOnents. All metallic Darts of the Wool structure, including the reinforcing metal of the pool steel, coping stones, and deck, shall be bonded. The usual steel tie wires shall be considered suitable for bonding the reinforcing steel to eg ther, and welding or special clamping shall not be required. These tie wires shall be made tight. If reinforcing steel is effectively insulated by an encapsulating nonconductive compound at the time of manufacture and installation, it shall not be reauired to be bonded. Where reinforcing steel is encapsulated with a non- conductive compound, provisions shall be made for an alternate means to eliminate voltage gradients that would otherwise be provided by unencapsulated, bonding reinforcin steel. ~2) Underwater Li Ming. All forming shells and mounting brackets ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 5 OF 16 / • or no-niche luminaries/fixtures shall be bonded unless a listed low- voltage lighting svstem with nonmetallic forming shells not requiring bonding is used. ~) Metal Fittings. All metal fittings within or attached to the pool structure shall be bonded. Isolated parts that are not over 100 mm ~4 inches, in anYdimension and do not penetrate into the pool structure more than 25 mm (1 inches shall not require bonding. 41 Electrical Eauipment. Metal parts of electrical equipment associated with the pool water circulating svstem, including pump motors and metal parts of equipment associated with pool covers, including electric motors, shall be bonded. Metal parts of listed equipment incorporatin~an approved svstem of double insulation and providing a means for grounding internal non-accessible, non- current-carryingmetal parts shall not be bonded. Where adouble- insulated water-pump motor is installed under the provisions of this rule a solid 8 AWG cooker conductor that is of sufficient length to make a bonding connection to a replacement motor shall be extended from the bondinggrid to an accessible point in the motor vicinity. Where there is no connection between the swimming_pool bonding_grid and the equipment mounding svstem for the premises this bonding conductor shall be connected to the eauipment grounding conductor of the motor circuit. (5) Metal Wiring Methods and Equipment. Metal-sheathed cables and raceways metal wiping and all fixed metal parts except those separated from the op of by a permanent barrier shall be bonded that are within the following distances of the pool: (a) Within 1.5 m (5 ft) horizontally of the inside walls of the pool. fib) Within 3.7 m~12 ft) measured vertically above the maximum water level of the pool, or any observation stands towers, or platforms, or any diving structures. c Common Bonding Grid. The parts specified in subsection (b), above, shall be connected to a common bonding grid within a solid copes conductor insulated covered. or bare, not smaller than 8 AWG. Connection shall be made b~exothermic welding or b~ rep ssure connectors or clamps that are labeled as being suitable for the purpose and are of stainless steel brass copper, or copper alloy. The common bonding grid shall be permitted to be any of the following: ~1) The structural reinforcing steel of a concrete pool where the ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 6 OF 16 r reinforcing rods are bonded to eg ther by the usual steel tie wires or the equivalent. ~2) The wall of a bolted or welded metal pool (3) A solid cooper conductor, insulated, covered, or bare, not smaller than 8 AWG. (4) Rigid metal conduit or intermediate metal conduit of brass or other identified corrosion-resistant metal conduit. d. Connections. Where structural reinforcing steel or the walls of bolted or welded metal pool structures are used as a common bonding-gnd for nonelectrical parts, the connections shall be made in accordance with Article 250.8. e. Pool Water Heaters. For pool water heaters rated at more than 50 amperes that have specific instructions regarding bonding and grounding, only those parts designated to be bonded shall be bonded, and only those parts designated to be grounded shall be grounded. 9. Annex H. Annex H of the NEC, also known as Article 80, is not adopted. 10-3-2: ELECTRICAL INSPECTOR: A. Established. There is hereby established within the City of Meridian the position of City Electrical Ins ep ctor• B. Qualifications. The City Electrical Inspector shall maintain the following Qualifications at all times. 1. Certificate. The City Electrical Inspector shall maintain certification by a nationall~gnized inspector certification grogram aapproved by City Council. The certification program shall specifically qualify the City Electrical Inspector in electrical inspections. 2. Experience. The City Electrical Inspector shall demonstrate expertise in the following areas: a. All applicable provisions of the NEC, this chapter, and Meridian City Code; b. Standard materials and methods used in the installation of electric equipment; c. Approved methods of construction for safety to persons and ~ro~y; ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 7 OF 16 s F } ~7 ~ i t ' F . ~ f { ~ ~. ~ti E ~ ~ ~ ~ ~ ~# ~ n ~ '4; f ~ ~ t '~ ~ ~; ' fi ~ ~~~' m F ,, ' .~ s ` t z ~~ ¢ ri ~ ~~~ ~ i~ ~ ! I i i ~ I . t F k $ ~ ~ ; , ~ t ~ 1 ~ ' _ ~ ~:, . ~ li. @ ~~ u '~ .~ , g ~ ~ ~ ~ 3 ~ ` i'~ .t ~ a is ~ i 3 i ~ „ 1 ~ ~ ~ rj' t St. ~~~ t f f ~ ~ t ~- , ~ ~ i 3 . ; s s ~~ _x . '.i i j ~ 1 :P i 1 4 I ~~ 1~ a ~ f 6 } tt~ ~ '; 1i: ~ r. " j i € 1 # B ( ~f l d € }1 ~ t, ~ ~ L 3i _ ~ ~ ! t E I t } ! ~ t } ~ ~ d. r A I 3 S ~ r ~ £ y' ; ~ ~ f ; i ~ ' 1 . ~: ~ , '. $.. ~~ d. All applicable provisions of Idaho Code and the Idaho Administrative Procedures Act; and e. At least four (41 vears' experience as an electrical inspector; eight (8 years' experience in the installation of electrical equipment; or a degree in electrical en ' Bering from an accredited college or university_plus two (21 years' practical electrical experience. C. Duties and Authority. The City Electrical Inspector shall be authorized to perform the following duties: 1. Administer the requirements of the NEC and this chapter. 2. Perform electrical inspections as set forth in NEC Article 90.2 and this chapter. Upon performance of such inspections, the Electrical Inspector shall issue a certificate stating the results of same, including any necessary corrections. 3. Assist the Fire Chief in the investigation of fires caused by electrical installations. 4. Review and approve construction plans, drawings, and specifications for electrical systems. 5. Review and ap rove plans for the design, alteration, modification, construction, maintenance, and testing of electrical systems and equipment. 6. Regulate, control, and inspect electrical installations at, for, or used bv, temporary uses. 7. Render interpretations of the requirements of the NEC and of this chapter. 8. Disconnect or order the disconnection of, a building and/or premises from its source of electric supply where the use of any electrical equipment or its installation is found to be installed in violation of the NEC or this cha tp er, or which is dangerous to human life or property. Upon such disconnection, a seal shall be placed thereon and a notice served, listing the causes for the condemnation and/or disconnection and the penalty for the unlawful use thereof. It shall be unlawful for any person to use such disconnected wiring, apparatus, or fixtures or to remove, break or deface any seal so lp aced. 9. Enter and inspect, at all reasonable times, any building, structure, or premises for dangerous or hazardous conditions or equipment as set forth in the NEC or this chapter and/or for electrical inspections as authorized by the NEC or this chapter. Prior to entering a premises, the City Electrical Inspector shall: a. Obtain the consent of the occupant thereof or obtain a court order or ORDINANCE ADOPTING 20081oTATIONAL ELECTRICAL CODE PAGE 8 OF 16 I, • • warrant authorizing entry, exce t that where an emergency exists, the Electrical Inspector ma~enter a premises without consent or court order. For purposes of this section, "emergency" shall be defined as circumstances that the City Electrical Inspector knows or has reason to believe exist and constitute immediate danger to persons or property. b. Identify him/herself as the City Electrical Inspector, verbally and by display of badge, uniform, or other credentials issued by the City. 10. Order an~person to remove or remedy dangerous or hazardous conditions or equipment and/or any condition hazardous to life, safe , or property. Any erson failing; to comply with such order shall be in violation of this chapter. 11. Order that any installation be exposed for inspection where such installation was subject to inspection, approval, and/or permitting_prior to use but was covered or concealed without having first been inspected, approved, and/or pro~ly permitted. 12. Order the immediate evacuation of any occupied building with hazardous or unsafe conditions that present imminent danger to building occu ants. D. Interference or Impersonation Prohibited. No person shall interfere with the City Electrical Inspector in carrying out the duties and functions prescribed by the NEC or this chapter. No person shall use any badge, uniform, or other credentials to impersonate the City Electrical Ins ep ctor• 10-3-33: STATE LICEI~TSE REQUIRED: It shall be unlawful for any person, firm or corporation to carry on the business of electrical g ork without first having secured a state electrical contractor's license or having in his possession a license recognized by the °*~*° °'°^*~^°"'••Y°°•~Idaho Division of Building Safety Electrical Bureau, except that an owner of a ~ ary or secondary residence performing electrical work in such primary or secondary residence or an associated outbuilding shall not be required to be licensed pursuant to this section, so long as such pro e~rty owner first obtains a permit as required by this chapter. The City of Meridian building' department shall not issue an electrical permit to an~person so excepted from this requirement if the City Electrical Ins ector determines that such person is not competent to desim or install the electrical work for which the permit is sought > > ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 9 OF 16 ~ • ~'• 10-3-4: PERMIT REQUIRED; APPLICATION; ISSUANCE: A. Permit re u~ It shall be unlawful for any person, firm or corporation to place or install in any building, structure, or premises any wiring, apparatus or fixture for the use of electric current for light, heat or power, or to make any alterations or changes in, or additions to any wiring, apparatus or fixtures for such use, without first obtaining from the C~ a written permit to do such work. Provided, however, that no permit shall be required for repairs to existing installations where the value of such repairs, including material and labor, does not exceed fifty dollars ($50.00), so long as the City Electrical Inspector is notified immediatel~pon the completion of such work for inspection and approval. B. Permit application. -&~k The permit application shall be in such form required by the building department and ~ shall indicate: 1. Name and address of the ap lip cant; 2. Detailed description of the work for which the permit is sought; 3. Total value of the work for which the permit is sought; 4. Location by street and address where such work is to be done; and 5. Date upon which. or dates between which, such work is to be done.~~i~~ .The pe~e~ applicant shall also submit a plan of the wiring system to be installed and an application fee per fee schedule. , ' ele~ie-al-~spe~terr~~ C. Issuance of Permit. Upon the Citv Electrical Inspector's approval of an application for an electrical permit, the Building Department shall issue a permit. Any permit issued pursuant to this section shall use state the scope and kind of work permitted; the location by street and number of the building where such work is to be done; the operation, activities, and/or work for which the permit is issued; the name and address of the permittee; the date of issuance of the permit; the period of validity of the permit; and any inspection or other requirements upon which the permit is conditioned. ~~e .,1;.1 .,«t.. F .1 D '.1 .1 1, tt,~t ~l,' ~;.,., 1...,11 + l~.o "' t~e-~6E$ti6i~~tr'ktcar.--rzvr"caeo~zvv`PCd°cr~ crcuc-craracvcros~xiurrzivcvv > > ~ ~..o,l 1,<, X1,0 ,,;~., ., ..;1 D. Addition or Alteration of Approved Plans. Any addition or alteration of approved plans ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 10 OF 16 ~~ ~~ and/or permitted work shall require the application for and issuance of anew or amended permit. E. Copt/ of Permit to be Posted. A copy of the permit shall be posted or otherwise readily accessible at each work site. F. Permit Validity Conditioned on Inspections The validity of all electrical permits shall be conditioned upon the completion of the following inspections by the City Electrical Inspector: 1. Roughed-In Inspection. When electrical work for which a permit was issued is roughed in, perlnittee shall in writing notify the City Electrical Inspector of such and u on a ent of an ins ection fee er fee schedule the Electrical Ins ector shall inspect such work within two (2) working days of receipt of such written notice and fee. Upon completion of such Roughed-In Inspection the City Electrical Inspector shall indicate such by affixing a tag or label stating the date of inspection. It shall be unlawful for any person to conceal any electrical work prior to such ins ection. 2. Final Inspection. When electrical work for which a permit was issued is ready for final inspection, the permittee shall in writing noti the City Electrical Inspector of such, and upon payment of ant/ inspection fee per fee schedule the City Electrical Inspector shall inspect such work within two (2 working days of receipt of such written notice and fee. "Ready for final inspection " for u oses of this section, shall be defined as the completion of all enclosed plumbing, heating, furnace work, and/or gas fittings. Where upon final inspection the City Electrical Inspector finds the installation to be in conformity with the statues of all applicable laws and standards the City Electrical Inspector shall issue a certificate of approval authorizing the connection to the supply of electricity and shall send written notice of such authorization to the supplier of electric service It shall be unlawful for ant/ person to make connection to a supply for electricity or to su,.pply electricity to ant/ electrical equipment installation for which no valid permit is in effect or that has been disconnected or ordered to be disconnected 3. Elective inspections. The City Electrical Inspector may visit any buildinss structure, or premises where work maybe done under a permits issued under this chapter and inspect all electrical work and/or installations If upon inspection ant/ installation is found to be noncompliant with the NEC or industry standards the City Electrical Inspector shall immediately forward to the person making the installation a written notice stating the defects found G. Permit Validity Conditioned on Compliance The validity of all electrical permits shall be conditioned on com liance with the re uirements of the NEC this cha ter and an and all applicable laws and standards. H. Revocation of ermits. ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 11 OF 16 ~~ • 1. The City Electrical Inspector shall be authorized to revoke a permit or ap rU oval issued if any violation of the NEC or of this chapter is found upon inspection. 2. The Citv Electrical Inspector shall be authorized to revoke a permit or ap royal issued if there are any false statements or misrepresentations submitted in the ~p lication or laps on which the permit or approval was based. 3. Any person who engages in any business, operation, or occupation or uses any building, structure, or premises after the permit issued therefor is suspended or revoked pursuant to the provisions of this chapter, shall be in violation of this chapter unless such suspended permit is reinstated or a new permit is issued. . , «,,,1,;..1, ,.o,...,. +v+ •,au Vll ~/V111 ,;~4, 1,., 4 L.11144 ,.o l.oor : tlV VVV111UU ea , MV4 Y4f ,;~1,;r ~ ..~„ 4,; ~.+ in4~ 1,,,,,,.4, i,,,oov a a >, 1•a ~ ; : ~ 1 ; 1 „il ) ~ • .. «4..,e rend„ ,,.., „+ ,,, , ,, , , ~,,,~ h ~-~n~~~rlo,-o.] v o.,a,. ~F ,. :.. .. s; a ~ 1 11 o ~ ' `1,11 „1, o., o -- --1 ~.. ----- --- o «, - -----~ 14e ., a o •~ - - ------- ~-.,,,, M - • • - ~ \ ,,,. t1irQ !21 -~ -- .. ~~ J ~ .~....., ,1 +1, ...,....b ....,~ t.4 ~ ~1, ..b1..4,L, .,1 wl.. > > s f f > > > ro,,,,;,-o fn l.o ,x,4,.10 1-'4.0 .,o e A ~ti..v,n lV f'~ T1;4,...,.,„o„~ TIo~F .,ti,.o ~lo..~.-;.,.,1 ~7L7;,.:,.,.. 1r;,,~-.,..o~. ~i~~ao ~ .,,-.7.,,.,,o ,;+1. +-1,e ,. „~1d,;4...1,~,.1-0.- ,.+., 1,a .1,,,,..x,,,,4, ~., 1;~ , 4'4 ^ ,~..1„ 41. ,. WVVV1YW11VV tltl 1411 L11V ~/1V YlU1 ~ •,-, 1 1w.: 1 ~ 1, 11 1, +1, o ,.; .~i.~ .,,,a .,. «a ;~ ; ~ 1, ~ol+ , a 1, • ' ,1 ~, ~ Vlly V1VVL11VWl 111ViJVVLVI 11114411 1144YV Lrn. • ' > ~„ ,1 1, r1, i, ~ +1, --z----- -~ ----- --- r---~ ---- 1 : 1 ; 1 11 l 1 __~ .._ ., 1 1 41 4,1,.,11 1.0 ,-a..,4,,,0,1 1,,, 4,.,;,1 .. _~_...,., r---- ;~„ a o,.,•,- ,.., o..~,,.. T~ 4, , VLVVL11V441 111U~lVVLV1. 1L UII .e „v,l.,,,, ~,1 ~F ,- ., ,. ~„ , ~.,+ +•1,.., o ~ ,,,4.1. .. 1.,. ~ ~ ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 12 OF 16 ~~ f~ r ao~ ,.o „ o.,l ~ «1.,,.oa h1~i 1 ~li~ R a .,..,., t t; ~ t 1+1 --------o --r----~---- ---- ---~r------- --- ~ ~ • t., oa i.. , ti, o r~;,~ . 1 +v: 1 • t r > > ~ ~ a 1 i 1 « ., o ~; . o t„ t .e «.,oto.. ,-o.,aa.-~ to~to..~ . ,«a : o,.t..,.., ..t ..11 t;«.,. T T a a41aV aa~VVVJJI VIV LV L11V 111V L11 1V ~ • ; ; 1 1' ~ • ~ ~ ~ l.tz ,~~.., ~---- ~~-- -- - --~ -~ 6E£~1i3~~ tt ~k,,ly to a,~iuP th ------- --- - ----- - ~~ ~~~..v --mow ------ -- r"'--- ------~ t t tl, ~i~i~ as~e~r uv a1V a t t i, aivaVav aw vV LL t V,'LL11VV L Il LLllll tl, V Lill7 ~~ l.t ~ t 1 tl , F a b. 1~~F of / A 1 /7~1 .. „t.«.,..o t t..,,« ., .. ~-,.t /~~\ ~.,...,,, tL.,. 11vaL..~a1V V111VL 1VVV L1 1LLa1 IV LK L111~1 V11V llflll • ~ ~ ~ ~ •/ •/ '/ Otrl„t.IYO t„ ~..t,,,.o „1„a,«.. .t„««,. 1,,. e r ' 11 1 l,t~ ~ ,.,L.., ..,t ° ~ b uulb vv~avo 1 ~-+ e~~e~Z~i~. 'M K~LLi tr I00~'tC-~1~~1171.CT1 a; .,1 1 L~I'iC'PV C V~r'~-~AU~VS G[LGf3 11 ,. ne~:a~..:~, ~...~,.e a~.e_.__ _,._,. b_...:__a._ _ ___...~___ _:__..:. __. _ a ,. _ . 3iv~=ai v ~'~€~9~E~S-a33~i~ ~~ ~t ~ 1. t ~"a'«,. } a ^ l ~ ~ ~ r ~ 6 ~ ;g-6 ~ ~ 9~ x - r cc cv~ ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 13 OF 16 (~ 10-3-85: NONLIABILITY OF CITY: ~~ This chapter shall not be construed to relieve from, or lessen the responsibility of, any person owning, operating or installing any electrical wires, appliances, apparatus, construction or equipment for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the city or any agent thereof. be held as assuming such liability by reason of inspection, approval, and/or certification as authorized herein ^-~ °~;~°°+° ^~~^°„°°+~^„ ~°°•~°a ~~ 10-3-9.6: ~SEVERABILITY; SAVINGS CLAUSE: Should any section, paragraph, sentence, clause or phrase of this chapter or of the sedgy NEC hereby adopted or this chapter be declared ,unlawful or invalid for any reason or cause, the remainder of said chapter or code shall not be affected thereby and the same shall not invalidate or void the remainder of the NEC as adopted or this chapter-d~. All ordinances resolutions, orders or parts thereof in conflict herewith are hereby re en a1ed, rescinded and annulled. 10-3-97: NOTICES; PENALTY: A. Written Notice of Violation. Whenever the City Electrical Inspector finds a violation of this chapter or of the NEC, he shall issue written notice describing such violation and the facts and circumstances supportingsuch finding. B. Service of notice. Anv order or notice issued pursuant to a provision of this chapter shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either bYpersonal service or U.S. Mail. Where a notice pertains to abandoned or unattended premises, a copy of such order or notice shall be posted on the premises in a conspicuous place at or near the entrance to such premises and mailed by registered or certified U.S. mail to the last known address of the owner or occupant. C. Penalty. Any person violating the provisions of this chapter or of the NEC shall be deemed guilty of a misdemeanor. ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 14 OF 16 1 > > > r~i~tt~~tg~~l ; ~~ Section 2. 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 on July 9, 2008. ASSED by the City Council of the City of Meridian, Idaho, this 4 day of 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of 2008. a ~ ATTEST: ,~.~`~~~ ;` I _ ~o L ~/ ~ ~- `Y`gy(_~tAl_ ,~ ~ ~ ; ORDINANCE ADOPTING 2008 NATIONAL ELECTRICAL CODE PAGE 15 OF 16 f ~. ? ~ ~ ~ ~ t 7 'c ~ ~ ~ c n~ ~ a F j 4 ~ ~ R i ~ S ]] }} F ( CC i L r' ~ ~ ~ ! ~ ~ ~ {~ s c ~ ~ ~j,,' ~ ! i ~ ~~{~, ~ ~ ~ : ~ i p t ~ ~ ~ ( ~ ~ :3 ~ :, i. i ,~ ~ ~. ~~ k ~~~- ~ 1 r- ~.t t I F St ~ 1 x` t 1i -' j i N. t i ~F . ~i{ ~~ ] .~ t , f Y 1 ~ Ire ~ "4 r. ` - ? 3 c I i ~F. ~ ~ ~ ' ~ fig'... i ; ~ ~ j ~ ~ ~ - ~ ~~ ~~ f ~ W ~ p c ~ ~~ld .~ 1 i - _ f fl APPROVED: • • July 3, 2008 MERIDIAN CITY COUNCIL MEETING JUIy 8, 2008 APPLICANT ITEM NO. ~ 6 REQUEST Executive Session per Idaho State Code 67-2345 (1) (b) 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 Cffy of Meridian. ,f ~ ~ ,~~ r I I ~ t, ~ E ~ y ' ' Y'.7 ~ f t ' y.~l }~ ~, ~ ; t~~d.' ."t ;..~f ~ i i f{ IIY~, ~ 1 ]',. 7 ~~ I f t . . ; ~ 1, , ~_: k ~~ ~ I ~; ~ ~ ti a s ~~ ~ ggt r~ i '~ '+ ~ ~.' 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