Loading...
HomeMy WebLinkAbout2007-10-02• Revised 10-2-07 (~E IDIZ IAN,~- ~/ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 2, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: ~_ David Zaremba ~ Joe Borton _ C Charlie Rountree ~'C' Keith Bird _ C~ Mayor Tammy de Weerd 2. Pledge of Allegiance: ~,~.~~~ C~~~~i-ie,~~ 3. Community Invocation by Pastor Randy Rodes with Vineyard Church of Meridian: t~'I ti' i ~tic~~cti~ ~~~ ('l1n~S~~~~~~-. ~e l(~~ ~~ H-~h 4. Adoption of the Agenda: ,~~. ~ S ~~~~~ ~, 5. Consent Agenda: A. Approve Minutes of September 11, 2007 City Council Regular Meeting: p~~ ~ rti~ ~~-~, B. Approve Minutes of September 18, 2007 City Council Regular Meeting: ~~,~-,~ C. Approve Findings of Fact and Conclusions of Law and Order of Approval: PP 07-013 Request for Preliminary Plat approval for 11 building lots and 2 common lots on 26.35 acres in an I-L zone for Kennedy Commercial Center by DBSI Meridian 184, LLC - 1250 West Overland Road: ~~ ~,,~ S~ D. Second Addendum to Development Agreement: MI 07-004 Request for a Miscellaneous application for a third amendment Meridian City Council Meeting Agenda -October 2, 2007 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Revised 10-2-07 modification to the previously approved Development Agreement for the Tree Farm Annexation (AZ 06-004) by including a provision to adjust the zoning boundaries to generally align with lot lines or the center lines of streets for Tree Farm Development Agreement Modification by Treehaven, LLC - north side of Chinden Boulevard on both sides of Black Cat Road: ,~~rvL-" E. Development Agreement: AZ 07-007 Request for Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive: F. Sanitary Sewer and Water Main Easement Agreement for Medina Subdivision by William Howell: ~~~ ~ ~.~ G. Water Main Easement Agreement No. 1 for __High Desert Marketplace by Thomas Motors, Inc.: /-~~,-z ~~,~ H. Water Main Easement Agreement No. _2 for High Desert Marketplace by TMI Investments, LLC: ~~ ~, t,~ I. Water Main Easement Agreement for LDS Church (6575 South Eagle Road): ~ r~z,-~ J. Approve Agreement for Personnel Services with AspireOn: K. Resolution No. ~ ~ - ~`~~ l :VAC 07-011 Request for a Vacation of the 10 foot public utility easement platted on Lots 1 - 12 of the Queenland Acres Subdivision for Queenland Acres by James Prather -Southeast Comer of South Stoddard Road and West Overland Road: ~,~~~~~ L. Change Order No. 2 for the Water Division Building Project (Construction - Joslin Millwork, Inc.) for $9,838.00:.rv ~-~ °7~- M. Cooperative Construction and Reimbursement Agreement for North Black Cat Trunk Sewer with Brighton Development, Inc., Treehaven, LLC, Primeland Development Group, LLC and the City of Meridian: ~/~1 ~~~~-~~, 6. Department Reports: A. IT Department 1. Update on IT Department 2006 Audit: ~~~ ~~22~ Meridian City Council Meeting Agenda -October 2, 2007 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revised 10-2-07 B. Planning Department 1. Discussion of Planning Technician Position: '~i'r'~C'~2 z ~ c~ C. Fire Department 1. Fire Prevention Proclamation: ~Yr° ~-t'~2 ~ ~~ 7. Items Moved from Consent Agenda: `'~ ~ ~~ 8. Tabled from September 25, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Javker Subdivision No. 1 by Treehaven, LLC - 4042 West Chinden Boulevard: 9. FP 07-030 Request for Final Plat approval for 50 single-family building lots and 14 common lots on 10.10 acres in an R-4 zone for Barava Subdivision No. 1 by Dyver Development, LLC -east of Black Cat Road on Franklin Road: ~ z ~~ ~ -~~ /fin _~~, _~; 7 10. FP 07-031 Request for Final Plat approval for 50 single-family building lots and 2 common lots on 10.55 acres in an R-4 zone for Barava Subdivision No. 2 by Dyver Development, LLC -east of Black Cat Road on Franklin Road: ~~ h ~ ~~ J~ -/L,- -~ 7 11. FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC - south of West Pine Avenue and east of North Ten Mile Road: Request to Table ~~c ~~~ ~„ /~ ~/~° -C~7 12. Continued Public Hearing from September 11, 2007: VAR 07-016 Request for a Variance to UDC 11-4-3-43.1.2 that requires communication towers to be set back from all publicly owned right-of--way a minimum of two times the height of the tower to be installed, to allow a 50 foot setback instead of a 100 foot setback as required, by T-Mobile - 3100 East Florence Street: ~r~~c~ze, ~~~~'~ ~,- ~e,~2~'~ 13. Continued Public Hearing from September 18, 2007: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridge by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: ~~~-t. ~lh ~-~ l c-l~ -~~~ Meridian City Council Meeting Agenda -October 2, 2007 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CJ Revised 10-2-07 14. Continued Public Hearing from September 18, 2007: RZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 15. Continued Public Hearing from September 18, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: ~~ y~~~ , ~~~z - fz, j0 -/~, -~~ ~ 16. Continued Public Hearing from September 18, 2007: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: C~r~~t ~ . ~~h ~ /Q /~ -n ~ 17. Public Hearing: PP 07-014 Request for Preliminary Plat approval for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road: 18. Public Hearing: PFP 07-003 Request for a Combined Preliminary /Final Plat approval of 4 commercial lots on 6 acres located in the C-G zoning district for Intermountain Outdoor Subdivision by Carmen, LLC - 1351 & 1375 East Fairview Avenue: ~-an-~. ~ ~h ~ /~'-Z3 J~ ~ 19. Ordinance No. L~'7 - , 3 ~l AZ 07-007 Request for Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive: ,~,~ rvC-~ .~ c~~ ~ z.z~ ~ ~ ~~ Meridian City Council Meeting Agenda -October 2, 2007 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. PI~Ct~~ ~ ~t~' ~u.L~L~ ~ I~C~i (~~ ~hC~i~1~Sl ~ CjQ~E IDIAN CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 2, 2007 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Randy Rodes with Vineyard Church of Meridian: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 11, 2007 City Council Regular Meeting: B. Approve Minutes of September 18, 2007 City Council Regular Meeting: C. Approve Findings of Fact and Conclusions of Law and Order of Approval: PP 07-013 Request for Preliminary Plat approval for 11 building lots and 2 common lots on 26.35 acres in an I-L zone for Kennedy Commercial Center by DBSI Meridian 184, LLC - 1250 West Overland Road: D. Second Addendum to Development Agreement: MI 07-004 Request for a Miscellaneous application for a third amendment Meridian City Council Meeting Agenda -October 2, 2007 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. modification to the previously approved Development Agreement for the Tree Farm Annexation (AZ 06-004) by including a provision to adjust the zoning boundaries to generally align with lot lines or the center lines of streets for Tree Farm Development Aareement Modification by Treehaven, LLC - north side of Chinden Boulevard on both sides of Black Cat Road: E. Development Agreement: AZ 07-007 Request for Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive: F. Sanitary Sewer and Water Main Easement Aareement for Medina Subdivision by William Howell: G. Water Main Easement Aareement No. 1 for Hiah Desert Marketplace by Thomas Motors, Inc.: H. Water Main Easement Aareement No. 2 for Hiah Desert Marketplace by TMI Investments, LLC: 1. Water Main Easement Agreement for LDS Church (6575 South Eagle Road): J. Approve Agreement for Personnel Services with AspireOn: K. Resolution No. :VAC 07-011 Request for a Vacation of the 10 foot public utility easement platted on Lots 1 - 12 of the Queenland Acres Subdivision for Queenland Acres by James Prather -Southeast Comer of South Stoddard Road and West Overland Road: L. Chance Order No. 2 for the Water Division Building Project (Construction - Joslin Millwork. Inc.) for $9,838.00: M. Cooperative Construction and Reimbursement Aareement for North Black Cat Trunk Sewer with Brighton Development, Inc., Treehaven, LLC, Primeland Development Group, LLC and the City of Meridian: 6. Department Reports: A. IT Department 1. Update on IT Department 2006 Audit: Meridian City Council Meeting Agenda -October 2, 2007 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Planning Department 1. Discussion of Planning Technician Position: 7. Items Moved from Consent Agenda: 8. Tabled from September 25, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by Treehaven, LLC - 4042 West Chinden Boulevard: 9. FP 07-030 Request for Final Plat approval for 50 single-family building lots and 14 common lots on 10.10 acres in an R-4 zone for Barava Subdivision No. 1 by Dyver Development, LLC -east of Black Cat Road on Franklin Road: 10. FP 07-031 Request for Final Plat approval for 50 single-family building lots and 2 common lots on 10.55 acres in an R-4 zone for Barava Subdivision No. 2 by Dyver Development, LLC -east of Black Cat Road on Franklin Road: 11. FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC - south of West Pine Avenue and east of North Ten Mile Road: Request to Table 12. Continued Public Hearing from September 11, 2007: VAR 07-016 Request for a Variance to UDC 11-4-3-43.1.2 that requires communication towers to be set back from all publicly owned right-of--way a minimum of two times the height of the tower to be installed, to allow a 50 foot setback instead of a 100 foot setback as required, by T-Mobile - 3100 East Florence Street: 13. Continued Public Hearing from September 18, 2007: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridue by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 14. Continued Public Hearing from September 18, 2007: RZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Meridian City Council Meeting Agenda -October 2, 2007 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 15. Continued Public Hearing from September 18, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 16. Continued Public Hearing from September 18, 2007: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 17. Public Hearing: PP 07-014 Request for Preliminary Plat approval for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road: 18. Public Hearing: PFP 07-003 Request for a Combined Preliminary /Final Plat approval of 4 commercial lots on 6 acres located in the C-G zoning district for Intermountain Outdoor Subdivision by Carmen, LLC - 1351 & 1375 East Fairview Avenue: 19. Ordinance No. AZ 07-007 Request for Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar Wauoot by LandPro Development, Inc. - 2400 West Wapoot Drive: Meridian City Council Meeting Agenda -October 2, 2007 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ _ Broadcast Report Date/Time 09-28-2007 02:53:22 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line Z This document :Failed (reduced sample and details below) Document size : 8.5"x11 " ('11?c~s~ ~bst fig- Pu.bu ~ rlt'~i ee. -~t~n+csE,! ~~i~E IDIAN I uA>:t o G11Y COUNC#t REGULAR MEETING AGENDA city Council Chambers 33 Last tdaho Avenue, Meridian, Idaho Tuesday, October 2, 2007 at 7:00 p.m. 'A1~JaU~ the Of Merfdt$n rro lOrtQBI r@trllJreS SWarlf f@3t1ti7Drty, aN presenlatJons t~fore the Mayor arrd Clfy Counci! arr~ expected to be iruthfu! acrd honest to ~ best of the ablHty oPtlre presenier.° 9. Roll•cattt Attendance: David ~aremba Joe Borion Charlie Rountree Keith Bird Mayor Tammy da Wean! 2. Ptadge of Allegiance: 3. CammuNty lttvocation by PasbQr Randy Rodas whir Ytneyard Churd- of Meridian: 4. Adoption of the Agenda: 9. Consent Agenda: A. Approve Minutes of September 99, 2007 City Cauncii Regular Meetlr~: i3. Approve Minutes of September 18, 2007 Gity Council Regular Meeting: C. Approve F9ndings of Fact and Conctt~lons of Eaw arui Order of Appmvai: PP 07.093 Request far Preliminary Plat approval for 11 building tats and 2 common lots on 26.3ri acres in an I-t zone far Kennedy Commercial Csnf„er by DBSS Meridian 184, LLC - 1250 West Overland Road: D. Second Addendum to Development Agreement: iM8 07-004 Request for a Miscellaneous appUcatton for a ttttrd amendment n~dt~, cuy council A - oabober 2, zaa7 rye ~ of a A+~ meets presented at puE~o meethgs dme p~npariy of Un- cny al~rtdian. Anyone aaonrnadatbn for d~et~8es retard to dowmanRa a~lar Fta~arhog, please cordectihe CUy GeAc's Qfflae ei trBB-4493 et 48 hours pdorto tlrepuB~c rtreetlnp. Total Paaes Scanned : 4 Tntal Panrx fnnftrrner! • tin No. Job Remote Station Start Time Duration Pages Une Mode Job Type Results 001 105 3810160 02:25:55 p.m. 09-28-2007 00:04:11 4J4 1 EC HS CP9600 002 105 8989551 02:25:55 p.m.09-28-2007 00:01:02 414 1 EC HS CP21600 003 105 2088848723 02:25:55 p.m.09-28-2007 00:00:53 4/4 1 EC HS CP28800 004 105 8886854 02:25:55 p.m.09-28-2007 00:00:53 4/4 1 EC HS CP31200 005 105 2088985501 02:25:55 p.m.09-28-2007 00:01:19 414 1 EC HS CP31200 006 105 8467366 02:25:55 p.m.09-28-2007 00:00:52 414 1 EC HS CP28800 007 105 8950390 02:25:55 p.m.09-28-2007 00:00:52 4/4 1 EC HS CP33600 ~ ~ Broadcast Report Date/Time 10-02-2007 09:34:20 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local fD 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5 "x11 " Revised 1x2-07 ~~i~E IUI,AN crnr trour~ca REGULAR r i?A H a NIEET~i~G AGENDA City Council Chambers 33 IEaat Idaho Avenue, Meridian, Idaho Tuesday. October 2, 2007 at 7:44 p.m. °Aithough the CHy of tf~ertdlan no longer requires swum t~estlmony, a/! pvese»tatlona before the Mayor and City Coundt are ex~cfad b be truthfW and honest to the best of the abHfty of the presanter.° 1. Rota-call Attendance: David 2.aremba __~__ Joe Gorton Citadie t~u~ntree X Keffh Slid ~_ Mayor Tammy de Wesrd 2. Pledge o1' Allegiance: ~,,~-~~ CDfarr.fi,( 3. Community Invocation by Pastor Randy Rodes with Yirteyatd Church off fNeridlan: W j V I nce~ty~ oC Cdr n' S~f+ ~-. ~ tla.•~5~1~ 4. Adoption ofi the Agenda: ~,~t,•[, A S R.trLer~ole~ 5. Consent Agenda: A Approve Minutes of September 11, 2007 City C.ouncfi Regular Meeting: ,np~rou~c-• B. Approve Minutes of September 18, 2007 City Council Regular Meetir~: ~}~~rolJ'e+ C. Approve FindirsAe of Fact and Conolustorm of Law and Order of Approval: PP 07-013 Request for Prgllmtnary Plat approval for 11 bulldkrg tots and 2 Gammon fats an 28.35 acres in an i-L cane fur KQnrrgdy C~mrpenalal Center by t}BSI Meridian 184, LLC - 1250 West Overland Road: ~, .~^D. Second Addendum to Devalopn~nt Agreement: Ml 07-044 Request far a Miscellaneous appfk;ation far a tltfrd amendment lMeridsanCigCaunc110;I~NnB-amaber2.20Q'/ Pegelof4 A@ meterleis p~aeenteA Sit public ~etfigs eheit beemne propa<ir of file C!{y~ Mew. Aeyorte de~dng etoamnoodeNon ~ des re4ated rfl aedtor hearGg, vfeeee rwrdact the Gig cedes Deice eY ~&AQ33 at teem 48 Fiaure prior i3o th p~Ac . Total Pages Scanned : 4 Total Pages Confirmed : 84 No. Jab Remote Station Start Time Duration Pages Une Mode Job Type Results 001 138 3810160 08:48:47 p.m.90-02-2007 00:04:36 414 1 EC HS CP9600 002 138 8989551 08:48:47 p.m.10-02-2007 00:01:08 4i4 1 EC HS CP21600 003 138 2088848723 08:48:47 p.m.10-02-2007 00:00:55 4i4 1 EC HS CP28800 004 138 8866854 08:48:47 p.m.10-02-2007 00:00:57 4/4 1 EC HS CP31200 005 138 20889855tI1 08:48:47 p.m.10-02-2007 00:01:13 4i4 1 EC HS CP28800 006 138 8467366 08:48:47 p.m.10-02-2007 00:00:56 414 1 EC HS CP2880fl 007 138 8950390 08:48:47 p.m.10-02-2007 00:00:55 4/4 1 EC HS CP31200 Broadcast Report DateJTime 10-02-2007 09:34:27 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Locai Name 1 Line 1 Local 1D 2 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 138 208 888 2682 08:48:47 p.m. 10-02-2007 00:01:10 4J4 1 EC HS CP28800 009 138 8886777 08:48:47 p.m.10-02-2007 00:01:43 414 1 EC HS CP14400 010 138 8840745 08:48:47 p.m.10-02-2007 00:00:57 414 1 EC HS CP28800 011 138 2083876393 08:48:47p.m.10-02-2007 00:01:44 4/4 1 EC HS CP14400 012 138 287 7909 08:48:47 p.m. 10-02-2007 00:00:57 414 1 EC HS CP28800 013 138 2088885052 08:48:47 p.m.10-02-2007 00:00:54 4/4 1 EC HS CP31200 014 138 8886573 08:48:47 p.m.10-02-2007 00:04:37 4/4 1 EC HS CP9600 015 138 8881983 08:48:47 p.m.10-02-2007 00:01:02 4!4 1 EC HS CP24000 016 138 2083776449 08:48:47 p.m.10-02-2007 00:01:43 4/4 1 EC HS CP14400 017 138 4679562 08:48:47 p.m.10-02-2007 00:00:59 4/4 1 EC HS CP26400 018 138 8886700 08:48:47 p.m.10-02-2007 00:00:00 0/4 1 -- HS FA 019 138 8884022 08:48:47 p.m.10-OZ-2007 00:03:15 4/4 1 EC HS CP14400 020 138 3886924 08:48:47 p.m.10-OZ-2007 00:00:57 4/4 1 EC HS CP26400 021 138 8841159 08:48:47 p.m.10-02-2007 00:00:54 4/4 1 EC HS CP31200 022 138 8840744 08:48:47 p.m.10-02-2007 OO:Q0:59 4/4 1 EC HS CP28800 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct i Meridian City Council Meeting October 2, 2007 A meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, October 2, 2007 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree David Zaremba, and Joe Borton. Others Present: Bill Nary, Sharon Smith, Caleb Hood, John Overton, Bill Johnson, Bruce Freckleton, Terry Paternoster, Keith Watts, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Sony we are getting started a little bit late. We welcome you to the City Council meeting. It is Tuesday, October 2nd. It's five minutes after 7:00. Tonight we will start our meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Okay. Item No. 2 is the pledge of allegiance and since I don't see a victim, we will just lead you ourselves. If you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Randy Rodes with Vineyard Church of Meridian: De Weerd: We are usually fortunate to have a youth member in our community that leads us in the pledge. Generally we have Boy Scouts or high school students or someone here, but nothing about the people sitting out there, but none of you look young enough to be a Boy Scout or a high school student. Maybe a former one. Item No. 3, now that I have offended everyone here, is our community invocation. We would ask you all to join in the community invocation or take this as an opportunity for a moment of reflection. We will be led tonight by Pastor Randy Rodes and, Randy, what church are you with? The Vineyard Christian Fellowship. And thank you for being here. It's been way too long. Rodes: I count it a privilege to be here. Thank you very much. Let's pray. Lord Jesus, you know all about our community, all the growth, all the responsibility that goes with it. i Meridian City Council October 2, 2007 Page 2 of 35 • And, Lord, we thank you for our Mayor and each of these City Council members and each member of the city staff that helps our community to work and, Lord, tonight in this meeting would you just give insight and wisdom that is needed, Lord, for every decision that is to be made and we ask this in Jesus' name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item No. K is resolution number 07-581. Item M has been asked to be pulled to 7-M on the regular agenda. Items 8 and 9 and 10 and 11 on the regular agenda has been asked to be continued or pulled and tabled to October 16th, 2007. And ordinance number on Item 19 is 07-1341. With that I move we approve the revised agenda. Rountree: Second. Zaremba: Madam Mayor? De Weerd: Again, this is not a motion that has discussion, but, yes, do you have a correction? Zaremba: I was just going to comment that I would ask that 5-D be moved to 7-D. Bird: I have no problem with that if the second don't. Rountree: Second agrees. Bird: Okay. With that I move we approve it again. De Weerd: Okay. Council, we have a motion to approve adoption of the agenda as changed. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of September 11, 2007 City Council Regular Meeting: Meridian City Council October 2, 2007 Page 3 of 35 B. Approve Minutes of September 18, 2007 City Council Regular Meeting: C. Approve Findings of Fact and Conclusions of Law and Order of Approval: PP 07-013 Request for Preliminary Plat approval for 11 building lots and 2 common lots on 26.35 acres in an I-L zone for Kennedy Commercial Center by DBSI Meridian 184, LLC - 1250 West Overland Road: E. Development Agreement: AZ 07-007 Request for Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive: F. Sanitary Sewer and Water Main Easement Aareement for Medina Subdivision by William Howell: G. Water Main Easement Aareement No. 1 for Hiah Desert Marketplace by Thomas Motors, Inc.: H. Water Main Easement Aareement No. 2 for Hiah Desert Marketplace by TMI Investments, LLC: I. Water Main Easement Aareement for LDS Church (6575 South Eagle Road): J. Approve Aareement for Personnel Services with AspireOn: K. Resolution No. 07-581 4/AC 07-011 Request for a Vacation of the 10 foot public utility easement platted on Lots 1 - 12 of the Queenland Acres Subdivision for Queenland Acres by James Prather -Southeast Comer of South Stoddard Road and West Overland Road: L. Chance Order No. 2 for the Water Division Building Project (Construction - Joslin Millwork, Inc.) for $9,838.00: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we -- on the Consent Agenda Item D will be moved to 7-D. Item M will be move to 7-M on the regular agenda and the resolution number for Item K is 07-581. Meridian City Council October 2, 2007 Page 4 of 35 With that I move we approve the Consent Agenda and for the Mayor to sign and the Deputy Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as changed. Mrs. Smith, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. IT Department 1. Update on IT Department 2006 Audit: De Weerd: Thank you. Okay. Under 6 -- Item 6, Department Reports, we will start with Terry with the IT Department. Patemoster: Well, Madam Mayor, Members of the Council -- can you hear me okay? All right. We will wait for the projector to get turned on and while that is happening, just to give -- ask one question. In your packet you should have had an IT audit status update, October 2007. Everybody have that? Okay. And just for Councilman Zaremba's benefit, just to briefly go over what this is about, is that last year in 2006 we hired a consulting company to come in and do an audit of the IT Department to just figure out, you know, what processes are we doing good, what things could use improvement, and, basically, come up with some recommendations for how we could better serve the city and integrate the Information Technology Department with the city and this is just an update following up on those recommendations and giving status as to each item. So, if there is no questions I will get the presentation going. De Weerd: Okay. Patemoster: Just a little quip up there to kind of add a little light to things. It's better to do the right thing wrong than the wrong things right. The righter we do the wrong things the wronger we become. So, basically, I just followed the outline that was used last year in the presentation, which lists each item of the recommendations. The black we were to start or implement immediately. The orange we were to do within six months. And the green were within 12 months, just to kind of give you a brief idea of what each color means. And the first one is -- I'm going to go through the items that were completed and that we have got out of the way. The first one is the IT manager needs to delegate and be proactive and outward facing. We have completed that with the • Meridian City Council October 2, 2007 Page 5 of 35 C~ J addition of the -- some additional IT staff. We have added a programmer and another network analyst and we have been working our intern fu01 time. It's allowed me as the manager to delegate a lot more of my tasks, the daily regular things that were more of the firefighting activities and push those onto some of the other staff to allow me to spend more time managing. We also reviewed the training requirements, which is another recommendation. We reviewed the plans and we didn't ask for additional funds during fiscal year FY-08, which you did appropriate, so we have that in place. We also budgeted for contract staff and temporary staff, which also was appropriated in FY-08. Another item was -- is in the past we had not really had a formal process for interviewing our interns for programming skills to make sure our -- or for other development staff to make sure that they really knew what they were doing, other than just being able to talk and sound like they could talk a good game and so one of the recommendations was is that we introduce a technical questionnaire program -- technical test to determine if the applicants know their subject with practical skills, and weed out the good talkers. We did that and we, actually, did use that process of having additional interview questions and having an actual hands-on test to verify that our candidates did know what they were doing and it worked out, because we have a very good programmer at this point. Going on. What is often overlooked is that if one person can single handedly save the ship, that one person can probably single handedly sink the ship, too. And I put that up there, because I thought it was kind of relevant to the MIS committee. Some of the recommendations -- especially on this page go specifically to us implementing a management information steering committee to help coordinate the city with information technology. The first recommendation was is that we implement that, which we did in November 2006. One of the first items on our agenda was to implement a service level agreement, which was also a recommendation in the audit, which we had -- did in April 2007 and can be found on the city's internal Intranet. We also -- one of the recommendations was to put the management committee in place, which we just chose for our purposes to use the MIS committee for this purpose. The committee was also tasked with the duty to sign off on application purchases and decisions and this is, actually, proved to be quite an effective process. We have brought numerous applications -- for instance, our Barracuda spam firewall, which I'm not sure during the time of the original implementation -- there was a little kick back, but we actually ran that passed the MIS committee to say do you support this, do you think we should go another way, and we did have their support. We have also recently received their support with purchasing an a-mail management system, which will help to better facilitate some of the larger mail boxes within our organization. We have quotas in place and occasionally some users get messages saying, hey, you're over your limit, we are not going to let you send anymore a-mails until you clean it up. And, you know, although it works, it isn't the most popular tactic and so we have purchased an application with the approval of the MIS committee to address that. Going on. Another recommendation within that was that we upgrade our help desk software. We had a help desk software previously that had been programmed by one of our interns and although it worked for its purposes it wasn't really designed as we grew and so one of the recommendations was is that we budget funding to purchase a • Meridian City Council October 2, 2007 Page 6 of 35 new system. Rather than purchasing a new system -- we evaluated a couple systems, but through discussions with some other directors in the area we ended up getting a system from the City of Nampa which they developed themselves and so we have implemented their system, which I'll just show you a brief little picture of, which, basically, is used for project management and help desk creation. This does all of the items that were listed within the IT recommendations and it's deployed to every desk top. It's also used in addition to Information Technology, it's being used by the purchasing department to do purchase requisitions and it's being used also by the attorney's office to manage their project workload, so that that way you can track status and updates. It's proved to be quite an effective system and the price was definitely right, Nampa gave it to us for free, they gave us their source code, their only requirement was that if we make anything cool with it, that we reciprocate, which seemed pretty fair. And as I stated that inside this application it allows us to do time sheet and recording of IT staff time to issues and project. And also does project recording on issues, which is much better than our previous system. Going on. Several of the requests were directly related to data retention and physical security. Since the audit took place we have put in place an annual backup and so one of our backup tapes from each department we take out and we have been separating to insure that we could go back further than a year if need be to recover information. We also did a review of our physical security. As you may have known due to the beeping that goes on sometimes during the Council meetings is that we do have a security system that takes place and protects the IT rooms and the servers to insure that not only are they adequately backed up, but they are physically protected from any intruders. And in the new City Hall we have planned for a much better security than even we have in this facility where the server room is isolated, we have key card entries throughout the building, there is security planned in place, cameras, and so we are really looking forward to the new City Hall where things are -- definitely will be a great improvement. De Weerd: Hey, Terry, excuse me. Patemoster: Yes, Mayor. De Weerd: I'm sorry to interrupt you. Patemoster: No, that's quite all right, Madam Mayor. De Weerd: I had just heard that Items 13, 14, 15, and 16 have been requested to continue and since I know at least one member in our audience is here to probably hear that one item -- or those four items, I did want to bring that up. So, our apologies. We just -- we just heard about it, so -- Patemoster: Quite all right. L J Meridian City Council October 2, 2007 Page 7 of 35 ~J De Weerd: Thank you, Teny. Just didn't want anyone to have to sit here unless they had to. Not that you're not really really interesting. Patemoster: I did try to put a couple of quips to make this as interesting as possible -- De Weerd: You did. Patemoster: -- because sometimes I think that -- De Weerd: I was going to comment on that later. Patemoster: All right. Thank you. So, as I stated, we do have physical security in place planned for the new City Hall. I think it's going to be a much needed improvement. I know that many of the people at City Hall are desperately looking forward to having those key cards to give us access to where we need. We also have a retention policy set for each backup type, as you may well know, since you approved the actual item, that there has been a policy developed by the city clerk's office to address data retention, which has been put in place so that we can insure that different data types are backed up appropriately and that they are kept for the appropriate amount of time. We also have a central repository of licenses that was recommended, which we have put in place. We have the majority of licenses not only physically, but we also have scanned most of them, so we have electronic copies of them also, so that in the event something was to happen to the physical copy we would still have an electronic copy of the license. One thing that I think's always important for us to recognize is that controls don't slow down the business. Like brakes on a car, controls actually allow you to go faster. And I think that that's one important thing to come out from this audit is that we have definitely analyzed a lot of the controls in place to make sure that we are trying to figure out effective ways to run the business. Going on. These last few slides, basically, address items that are in progress. I think one thing that's kind of important is even though you have closed items on the list, it's difficult to really say that something's really closed, because most of them are really ongoing issues that we have a responsibility to continually keep up with and so although it might be closed at the moment, given a month or two, if we are not doing it it will probably open back up and so, going on, are some miscellaneous recommendations that I have felt that the IT Department was specifically responsible for making sure that these things take place. Planning of IT staff time -- I listed this item as in progress, because given that we just implemented the new help desk system in September of 2007, so last month, we haven't had a lot of time to adjust to trying to plan time through it and so it's kind of been a leaming process. I expect as time goes on that through the use of that tool we will have much better management of what happens with staff time, but at this point it's kind of that leaming process to figure out what's going on. And if you have any questions regarding this item, feel free to stop me and interrupt me. We also were to define a process for projects and also introduce -- well, I'm -- let me just do the define a process for projects. At the last MIS committee meeting I actually gave a draft to the • Meridian City Council October 2, 2007 Page 8 of 35 committee members that I wanted them to take back and review for a project process. I expect that, you know, just given that we meet with the MIS committee every two weeks, that it will probably be around December of this year that I would expect that our process for projects has been completed, reviewed, approved, so -- we also are in the process of introducing a standards manual. Unlike the process for projects or even the software selection process, the standards manual really is more our development process for how we go through the analysis phase to finding a project, making sure that it meets the scope, making sure that our coding standards are consistent, so that as we continue to develop staff, even if we have turnover, that there is still consistency between members and we have a lot of this done, but we still have a few things that we need to finalize. The last item on this slide is monthly visits to each department to discuss with the IT director performance, future plans, and current sources of pain. Although I have been doing this -- it hasn't been as consistent as what I would like. The recommendation was to do it monthly and I can't honestly say that I have done this monthly. I'm hoping that as time goes forward that it becomes more consistent, so -- going forward. These are all issues that are with the MIS committee and one is clarify and communicate the city IT strategy and, basically, almost every item on here is currently under review, task this committee with the details of the strategy and the plan to get there. Confirm the strategy direction for the applications within the city, include futuristic technology in the strategy -- strategic direction. Right now we feel like we have finalized these items and we are waiting to present them to the directors to get their final approval. And so I expect these items mostly to be complete by the end of this month. Other items our city manager should be involved in prioritizations of projects. This goes along with first coming up with that project process that was the previous slide and, then, making sure that as we go forward that the different members on this committee get the right to give their input and help prioritize those projects, especially when it comes to our development staff, because since we only have one developer at this point that works in the IT department, it's a limited resource and they definitely are going to have to wait, depending on when their project is and how it gets prioritized. And so we definitely support this idea of having them prioritize projects. Also on this is define the software selection process. This is something that was also given at the last MIS committee meeting and it's under review and we expect that, you know, by December this item will be approved and completed. Going on. We had a couple other items. The city needs to do a competitive analysis of IT pay in the Boise area. I spoke with Mr. Nary and he has plans of doing this as part of their regular process in FY-08 to go off and do a competitive analysis to see how does the city compare with other organizations within the area. The next item, which is green, which was a yearly one, is that this was to elevate IT to department level. This item has been discussed and at this time the decision's been made to leave It as a division and as it becomes relevant in the future they will address this and see when it actually becomes appropriate in time to do this. Going on. The IT manager should attend department director meetings and strive to educate department leaders on technology. I would say that I have been included in most of the meetings that have been relevant to IT and the technology that I have been invited to the meetings. I haven't went to all meetings, but from my Meridian City Council October 2, 2007 Page 9 of 35 understanding that the meetings that I need to go to I have been invited to and so this is taking place. Going on. These are the last two items -- and these are items that I think are a little bit more complicated, because they don't really have a plan for how they are going to get resolved and the first one is central control and coordination of any development staff and resources via IT and what makes this issue a challenge is that the city's invested in development staff outside of IT and so we have people who are developing applications and writing code outside of the technology department and so it's not really under the direct control of information technology, which makes it difficult for us to really coordinate and control and manage and so I really think that, you know, for this item to be addressed properly, the city needs to determine, you know, if it's best to centralize development so all development takes place out of IT or whether or not the city wants to continue to allow development to take place in departments and invest in that. And the last item on here is develop a disaster recovery plan for each department and I -- this issue's been discussed at the MIS committee meeting and it's also planned on being discussed at the upcoming emergency management committee and I think that this item has a little confusion to it when people think about it. I think oftentimes when people think about disaster recovery their first thing is, well, we are backing up our data, shouldn't we be able to recover it. And this is really more of a nuts and bolts thing that's really directed more at each department. Although IT does back up data and we do disaster recovery and we are every five minutes backing up a lot of our data between us and the police department, is this really doesn't address, well, what happens if City Hall bums down, where are you going to put the MUBs department, the utility billing department? Where are we going to go set them up? Where are we going to go do this if this data is lost? What are you going to do? What are those plans? And so this is really more directed at each department where those departments need to come up with their own disaster recovery plan and, then, with Information Technology we can integrate our plans to make sure that we are in harmony with each other. That's it for the recommendations. Are there any questions? De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Terry, I may have missed this, but I didn't see anything on databases and any recommendations towards enterprise database development and did they mention that at all in the audit? I know that's something we have talked about and some place we want to go. Paternoster: Absolutely. It wasn't specifically mentioned as a recommendation per se in the audit, but I think that it's indirectly mentioned in several of the areas. With the MIS committee, that's something we have actively spent a lot of time on addressing. I know that the department directors have also identified that we all agree that having a ! • Meridian City Council October 2, 2007 Page 10 of 35 single application that really centralizes the overall function of a lot of these databases is key to those departments. And so it is being addressed in the MIS committee meeting and I know that it's a priority for the directors and for the Mayor. It's also addressed kind of in the coordination of city development and staff, the last item on the slide that was right here is that -- is that this one kind of addresses that, because development and how the city continues to develop applications really impacts that overall vision of having that single database or one source of information and I think that this is something that the city has to determine do we want to continue to allow individual departments to develop code and I think that that's something that really has to be decided by, you know, really, the Mayor and the Council, you know, is if they want IT to be in charge of that, that's something that IT can do and that better insures that applications are all coordinated through a central source, but as long as individual departments have their own development staff, it's difficult for IT to say what happens that way. Rountree: Madam Mayor, one comment on that particular subject is that if you don't have controls of some type, you don't know what you're spending on IT in the end. You could think you're budgeting for a million dollars or two million or three million a year and when you analyze how much everybody is spending time and resources on it, it can be ten or eleven million dollars year. So, I think we need controls so we can keep an eye on what's going on in that arena. Now, I don't begrudge the departments to develop the systems and enhance the systems they utilize, but there needs to be a network of that information centralized so we can see what our costs are. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Along those same lines, I -- it worries me that there may not be a standard coding protocol, if that's the right term for it, if the departments are doing their own coding and you mentioned earlier the issue of if you have in your own department a turnover in staff, you want the new person to be able to figure out what the old person did and that has to do with a coding standard that everybody follows. So, I -- along with what Councilman Rountree said, I would be supportive of pulling all development into one place that was under one control, unless somehow just makes it unworkable for the departments, but I -- I feel if there is going to be standards and a way that one person could pick up somebody else's work, it should be in one -- one department. Paternoster: Yeah. And if I could just briefly address that. I think that not only is it coding standards that we fight with a little bit, but it's also which languages are they programming in. You know, within IT we have tried to centralize on a couple languages, you know, for consistency and other departments don't necessarily have to follow those standards for how they program and so you could have my programmer, couldn't even Meridian City Council October 2, 2007 Page 11 of 35 go over and do what someone else's programmer's doing, because it's different coding languages. De Weerd: So, what are you doing about that? Patemoster: Well, I think that, you know, within Information Technology that the area that we really have the control over directly is that we have been developing standards to make sure that we are consistent within our practices. I think that, you know -- and I guess -- De Weerd: So, you're saying you do have standards in place. Patemoster: For the Information Technology Department, yes, we have been developing standards in place for coding that takes place within the IT Department. De Weerd: Okay. No, I'm talking city wide. Patemoster: I'm saying no. De Weerd: Is that something the MIS committee is looking at? Patemoster: it's not something we have directly looked at. I mean we have looked at database consolidation and we have also looked at, you know, the enterprise application, but that doesn't really address the different coding standards for other platforms. You know -- and I think that, you know, just to be specific and to not really single somebody out, that, really, where this area is taking place is within the GIS system, is that that's the area where there is other development taking place. The other person is that we have Bob Fields, who is a volunteer who does great work for the city, you know, at no cost, but his development is still taking place independent of Information Technology and our purview. De Weerd: Well, I think that's probably something you need discuss at your meeting. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, Terry and Ihave -- excuse me -- Teny and I have discussed that as probably the first step. I mean we are talking really -- again, we have changed how we have done information technology for the city significantly over the last five years, from the contracted person, Teny, to in-house people to now a number of in-house people that are now the support and ability for Information Technology to be able to manage that is more available now than it has been in the past. Departments -- some of the departments have gotten used to the ~J Meridian City Council October 2, 2007 Page 12 of 35 • methods that we have done. So, to simply just take a left turn and change that is probably not the easiest or quickest or simplest thing to do, but I -- but the committee process is probably the best place to start. So, we have had that discussion and that is an area that we do need to look at that and how would we transition something like that and bringing that back again to you and to the Council. De Weerd: Thank you. Terry, Idon't -- I don't remember hearing anything about a capital improvement plan. Have you started working on that? Where are you in the process? Patemoster: Well, I'm not very far in that process. I think that, you know, there has been some questions exactly of what's required for the capital improvement plan when discussions have taken place between myself and Bill and finance and so I think that -- I think for me what would help is some clarification on exactly what's needed in the capital improvement plan for us to develop that. De Weerd: Well, I think even as you use this audit and some of the system improvements that you're going to need and what are the hard costs for that, how do you start phasing that in and putting costs to it? How is it going to be paid for? I guess those are the kind of things that I was hoping to get out of that. Patemoster: I think that that's excellent, especially when you're talking about the, you know, enterprise application. I know that when we have been going through and doing our research is that it's definitely been a wide scale where people have some applications. We have one vendor that says, well, we will give it to you free if you just pay the maintenance. We also have some applications where we have done research and they are in excess of, you know, ten million dollars. And so I think that, you know, as far as that -- you know, and implementing it in the capital improvement, I think that within the MIS commit tee I think our goal is to come up with some costs and some different recommendations to present, but at this point it's just really soft on where we are at. De Weerd: Well, I guess I'm looking for a little more detail and that way you can start planning for it and it's not always that shock and awe effect when I get your budget request. Patemoster: Right. I think that's reasonable. I will definitely work on it. De Weerd: Because I experienced that this year. Okay. Any other questions? Yeah. Not this year's. Okay. Thank you, Terry. We appreciate the update. Patemoster: Thank you. B. Planning Department Meridian City Council October 2, 2007 Page 13 of 35 • 1. Discussion of Planning Technician Position: De Weerd: Okay. Item 6-B is our planning department. Caleb. Hood: Thank you, Madam Mayor, Members of the Council. I do you want to start out by -- I don't have a Powerpoint presentation for you tonight, but I'm going to steal one of Terry's quips. I feel like the ship is sinking already, because a full one day that Anna's been gone I have already forgot to mention that there are a couple of other projects that also need to be continued from the agenda tonight, so I think I hit the couple of folks that I thought may be here of interest for those items, but items No. 17 and 18 forgot to post their site, so these ones, when we get to them, also need to be continued. So, just wanted to -- De Weerd: Well, that's excellent. Thank you. Hood: Just wanted to fit that in, so -- De Weerd: It always means that another meeting is going to be longer, but -- Hood: The 16th isn't looking so great these days, but I won't have to be here, so -- De Weerd: So, that was the 17th and 18th items and that would be continued to October 16th? Bird: The 16th. Hood: Correct. De Weerd: Okay. Was anyone here for that item? Either of those items? Okay. Hood: So, our department report has to do with a new position that we were contemplating here recently. The agenda isn't quite right in the title and I will get into that in just a second, but we have had an associate position -- Associate City Planner position open for about two months now. We really haven't had any what we thought were qualified candidates apply and coupling that with the decrease in number of development applications we have seen in the recent past few months and, therefore, the decrease in revenue, we thought it would be better to maybe create a new position where the need is based these days seems to be more at the front counter and processing administrative applications and things like that. About six weeks ago or so we did speak with our Council liaison about this potential creating a new planner tech position. Our front desk planner or planning trainee -- we played with some different names -- and Councilman Rountree was generally supportive of that. We proceeded to talk with HR a little bit about that. However, after we came up with a new job • Meridian City Council October 2, 2007 Page 14 of 35 description we realized that -- I think I heard that Mr. Nary said we were slicing the bread too thin and we just found out that the position we are trying to create really could be -- we already had it there. It was -- we are splitting hairs with these positions and so long story short we thought it would be a better idea to not hire an associate, step down one level and try to get an assistant that we think is qualified that can fill the shoes now and meet our need base today and, then, if - if and when we do pick up again and get more development applications and it's as busy as it has been in the past three or four years, we may come back to the Council, through the budget process, and, then, again, ask for that associate position. Our hopes would be that we can find -- if, in fact, this happens, then, we will have three assistant planners. Our hope would be, then, maybe next fiscal year to come in and maybe move one of those folks in-house up to an associate level position. But just right now we think assistant is where the need is at and that's kind of what we are giving you a heads up that's the direction we are headed. So, I don't know if you have any questions about that, but wanted to give the Mayor and the Council a quick heads up with where our department's heading. This is just -- it -- again, if it didn't come clear, this is a funded position that we have now and we are just kind of knocking it down to an assistant level position for this year, so -- De Weerd: Okay. Councilman Rountree, any comments? Rountree: No. Good explanation. You might give an idea of the volume of administrative type permits that you're still seeing quite a number of. Hood: Madam Mayor, Councilmember Rountree, Council Members, we have this year - - and I know we are in the neighborhood of 230 certificates of zoning compliance permits, which equate to building permits, most of them. The CZC are commercial related building permits and multi-family related building permits. We are also seeing a lot of zoning verification letters and director's determination saying, yeah, own this property or contemplating buying this property, what can I do on this property. Those are kind of the administrative applications that we are seeing -- still a pretty high volume of that's where, again, the need, is to process these. They do take some research skills. I mean this person that we are going to be hiring will have to have a planning degree or background anyways. Research definitely will be involved. But those are the types of applications that we envision this person entertaining, as well as covering for -- you know, we do get multiple people at the front desk at times and we need coverage for those people if someone's at lunch or whatever, so they will be able to answer phones and answer just people cold walking into the office and wanting to know about specific property or projects. So, that's, in nutshell, kind of this position. De Weerd: Thank you. Council, any other questions? Rountree: I have none. I don't know that we need any specific direction or guidance. It's a -- it's a downgrade, in essence, of a position that's approved and in the budget, so i • Meridian City Council October 2, 2007 Page 15 of 35 Hood: Now, Madam Mayor, if I may just real quick -- I mean the reason -- when it was on the agenda as a new position we were coming to ask you to create this new position and now it's just a downgrade. I would like to still have your blessing, but you don't need to necessarily take any action on it, so if you think that's a good direction to proceed, we will continue on. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, part of the reason I suggested to Caleb and Anna to at least leave this item on the agenda for discussion is just so that you're aware that this downgrade is potentially temporary, but there may be a need in the future, based on the volume of work, as well as the particular employees to promote a person if the need exists and so I just wanted you to be aware that that was the potential direction, so that in the future we are, again, not expanding the -- the head count of the city or the workforce, but simply that we are taking a position right now and really trying to fill a need that makes more sense. My predecessor sometimes in this position would wedge positions into the -- the matrix of positions and they didn't have very distinct differences between them and what you general end up happening is that the people that work in the position that is rated below it think they are doing the same job as the person above them and the people that are doing the job you have hired them for think they are doing the job of the person above them and it doesn't really make much sense practically from a -- I guess a competitive standpoint for -- for these positions to do it that way if the job can be done more effectively by an assistant, that makes the most sense. That was my recommendation and Mrs. Canning and Mr. Hood agreed with that, so -- De Weerd: Okay. Thank you. Thank you, Caleb. C. Fire Department 1. Fire Prevention Proclamation: De Weerd: Okay. Item C is our fire prevention proclamation. I see Bill here and Sparky. Johnson: Madam Mayor, Members of the Council, as you know October is Fire Prevention Month, so Sparky and I have -- with great excitement bring forth a proclamation to have the Mayor sign and read for declaring -- or proclaiming October Fire Prevention Month in the City of Meridian. De Weerd: Okay. Well, I will go ahead and read the proclamation. Meridian City Council October 2, 2007 Page 16 of 35 Rountree: Maybe Sparky ought to. • De Weerd: I don't know. Can you read? Whereas the City of Meridian is committed to insuring the safety and security of all those living in and visiting our city and whereas fire is a serious public safety concern, both nationally and locally -- it's really hard to be serious while he's doing that. And homes are the location where people are at the greatest risk from fires and whereas Meridian's first responders are indicated to reduce the occurrence of home fires and -- home fire and injuries through prevention education and whereas Meridian's residents are responsive to public education measures and able to take personal steps to increase their safety from fire and whereas the 2007 Fire Prevention Month's theme Practice Your Fire Escape Plan, effectively serves to remind all of us the simple actions we can take to stay safer from fire. Therefore, I, Tammy de Weerd, City of Meridian Mayor, do hereby proclaim October 2007 as fire prevention month throughout the city. I urge all people of the City of Meridian to heed the important safety message of practicing your fire escape plan in support of public safety. Dated this 2nd day of October 2007. Thank you for joining us. Johnson: Thank you, Madam Mayor. Item 7: Items Moved from Consent Agenda: D. Second Addendum to Development Agreement: MI 07-004 Request for a Miscellaneous application for a third amendment modification to the previously approved Development Agreement for the Tree Farm Annexation (AZ 06-004) by including a provision to adjust the zoning boundaries to generally align with lot lines or the center lines of streets for Tree Farm Development Aareement Modification by Treehaven, LLC - north side of Chinden Boulevard on both sides of Black Cat Road: De Weerd: Thank you. Okay. From the Consent Agenda we did remove two items, both D and M. So, I will ask Council Zaremba about Item D. Zaremba: Thank you, Madam Mayor. Actually, just a couple of questions and the subject does not surprise me. I remember that there was discussion while I was on the Planning and Zoning Commission that the Tree Farm annexation would be approved without specifically knowing exactly where the zoning. lines would be until they had determined where streets and lot lines would go. So, this does not surprise me and I agree with the process that's going on. However, the devil is always in the details. Their revised Exhibit A-2, which is on page 24 of the staff report -- and one of the purposes of this is to align the zoning boundaries with the lot lines and the center lines of streets. The Exhibit A-2 on page 24 of the staff report does indicate Chinden Boulevard, but it does not show Black Cat, which is not bordering it someplace interior • Meridian City Council October 2, 2007 Page 17 of 35 to this property, doesn't show Basco Lane, which also is not a border, it's somewhere interior, and it doesn't show the other streets, so we really don't have a reference to knowing whether these -- whether the final zonings do align with the intent of the streets. We are also apparently not going to talk about the plat tonight, so we don't know about the lot lines either. So, I guess, really, my question is I -- I don't see enough information to actually make the final approval on it, so that leaves me with another question that perhaps is to legal counsel to clarify is what we are discussing or approving on this tonight just to have the legal department draft a change to the development agreement, which we will see later or are we actually approving the changes? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, no, you're approving the change, so -- and I'm trying to pull it up. It takes a second for it to do that, but -- so I can see which specific one you're talking about. This normally -- we look at the -- we are looking at these -- we are normally looking at the legal description, so the one you're refemng to is revised Exhibit A-2, the one that says new zoning map. Zaremba: Yes. Nary: Is that -- Zaremba: It's, actually, a drawing, not a verbal description. Nary: Okay. Zaremba: And it does not include roadways, which are the reference points as far as -- Nary: Mr. O'Neil was here and he did say if you wanted to pull this off we certainly could do that. If I recall correctly, the only -- the only roadway on this map for the purpose of annexation is Chinden, because it does not -- it does not abut Black Cat and it does not abut Linder. So, there is no -- there is no other roadway to -- for it to orient to. Zaremba: I can understand -- Nary: I mean I know it goes to Black Cat -- I know that the Tree Farm goes to Black Cat, but I'm not sure if this -- Zaremba: It actually goes beyond Black Cat -- Nary: Right. But I'm not sure if this -- I'm not sure where Black Cat is. I don't think it's on this -- on this -- • Meridian City Council October 2, 2007 Page 18 of 35 Bird: Black Cat has nothing to do with this development. Zaremba: Well, yes, Black Cat does go into this development -- Bird: The only thing that it -- Zaremba: And that was my point. If we don't know where the roads are, are we ready to approve adjusting the zoning boundaries to the center line of the roads? Nary: The -- the zoning -- the zoning portion that gets annexed is based on the legal descriptions of the properties that are attached in the other exhibits. So, that map is not -- that map is more -- I guess to me is more illustrative of the -- the entire parcel, but the -- the recorder is only going to record in relation to the other exhibits here as to what each of those parcels are and it doesn't need the roadway for that. So, I guess I'm -- and maybe we are -- maybe we are talking about two different things, but the roadway is not important in relation to the legal description for the purposes of the development agreement, because what gets recorded is against those parcels. Zaremba: I guess what I wanted to confirm is that Basco -- and there were some issues with Black Cat and I think those have been resolved, but I just wanted to make sure that Basco went where it was supposed to go and I can't tell that -- if we are going to change the zoning, I don't want that to disappear. And I'm not sure whether that's the relevant issue to this or not, so I guess that's part of my question is that even relevant to what we are talking about. It sounds like you're saying it's not. Nary: I guess just so I'm clear, Councilmember Zaremba, Basco Lane is approximately -- the Phyllis Canal is the -- is the divider of the -- or the border of this property to the north. Zaremba: Yes. Nary: And Basco Lane, if I recall correctly, is somewhere within an eighth of a mile from the eastern edge of the property boundary along the Phyllis Canal, somewhere give or take -- okay. Zaremba: Something similar. Nary: But where the roadway is in relation to the parcels as they are described in the legal descriptions where Basco Lane is doesn't matter for the purposes of the tax commission or recorder. It only matters for when we have the plat. When we have a plat, so that you know in relation to the -where the plat is divided along public roadways or private roadways, then, you need to see that. For the purpose of a development agreement, which is only dealing with annexation and -- of this property, • . Meridian City Council October 2, 2007 Page 19 of 35 because that's the ordinance that's before you on the -- oh, this is an amendment, so it's already been annexed. I'm sorry. I don't think you -- I don't think you need it. Zaremba: Okay. Nary: I mean Mr. Freckleton is here, I don't know if he has a different perspective and I don't think we need the roadway description for this purpose. Did you have a different perspective, Bruce? Freckleton: I -- I would concur exactly with what you're saying. I don't think it's really -- has any relevance. Zaremba: Okay. Then I'm done. Thank you. De Weerd: Okay. Would you like to make a motion to approve it? Zaremba: I would make a motion that we approve MI 07-004, currently being Item 7-D, delta, as proposed. Bird: Second. De Weerd: Okay. I have a motion and a second to approve this item. Mrs. Smith, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. M. Cooperative Construction and Reimbursement Agreement for North Black Cat Trunk Sewer with Brighton Development, Inc., Treehaven, LLC, Primeland Development Group, LLC and the City of Meridian: De Weerd: Okay. We had also removed Item M. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I asked you to put this on for discussion. Mr. Varriale and Mr. Turnbull are here and they are two of the signators for this particular agreement. I think we could do it a couple of different ways. You have discussed this North Black Cat Trunk sewer agreement a couple of times and this reimbursement. We did make a decision and the parties involved agreed with that decision that we are going to do a public bid offering for this project that should take a couple of weeks. Normally -- well, generally we usually approve these agreements in conjunction with the awarding of those bids, so we know what the amounts are. So, we could pull this until you get that completed. We could also approve this agreement Meridian City Council October 2, 2007 Page 20 of 35 ~J subject to that, so that it's clear to both -- to the parties that are involved that we are not going to approve this agreement until those bids are complete, so that you're assured that the amount that is intended to be reimbursed fits within your budget. Mr. Grady will have to bring a budget amendment at that point anyway to insert in the budget the ability to pay that reimbursement agreement out when the work is completed. So, it really is -- it was me pushing it forward to kind of make sure it stayed on task and stayed on -- in front of you, but it's probably -- it may be a little premature. Mr. Watts, I don't know if he has any other perspective for the purchasing side of this or if the parties, Mr. Turnbull or Mr. Varriale, have a preference or if you have a reference, but I just wanted everyone to be aware of kind of where this project was at. Watts: I don't know if I have a preference either way. It certainly doesn't hurt to award once we know the bid amounts. Either way you would need to bring it back, if not after the bid amounts -- after the bid is opened. De Weerd: Any comment? Vamale: Madam Mayor, Council Members -- is this on? Bird: That thing springs around. Varriale: Is it on? De Weerd: Yes. Uh-huh. Varriale: The -- actually, the agreement does -- De Weerd: Frank, can you, please, state your name and address for the record. Varriale: I'm sorry, Madam Mayor. Yes. Frank -- De Weerd: I was just waiting for you to not do that. Varriale: Frank Varriale. 1320 West Belltower, Meridian. And I am one of the signators to this agreement representing the developers. De Weerd: Thank you. Varriale: Within the body of the agreement there is a requirement that the -- that it come back to you for approval of the bidder and the bid amount. I don't have a problem with Mr. Nary's suggestion that perhaps we bring all of that back at the same time, provided we can handle it all at that -- at that particular one meeting, approve the program -- the agreement, approve the bidder and the amount and -- and move forward. I don't believe we have a problem with that at all. Meridian City Council October 2, 2007 Page 21 of 35 De Weerd: I don't think that would be a problem doing it all in one meeting. Vamale: Okay. De Weerd: Okay. Thank you. We are glad to see that this is now done. Almost. Almost done. Okay. Any other questions from Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Well, I do need a motion. Nary: Madam Mayor, all they need to do is vacate this item, because we will just bring it back when it's completed, so that -- you can do that by voice vote. De Weerd: I need a motion to vacate the -- Bird: Madam Mayor, I move we vacate 7-M. Rountree: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to vacate this item until it's brought back. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 8: Tabled from September 25, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by Treehaven, LLC - 4042 West Chinden Boulevard: Item 9: FP 07-030 Request for Final Plat approval for 50 single-family building lots and 14 common lots on 10.10 acres in an R-4 zone for Barava Subdivision No. 1 by Dyver Development, LLC -east of Black Cat Road on Franklin Road: Item 10: FP 07-031 Request for Final Plat approval for 50 single-family building lots and 2 common lots on 10.55 acres in an R-4 zone for Barava Subdivision No. 2 by Dyver Development, LLC -east of Black Cat Road on Franklin Road: • Meridian City Council October 2, 2007 Page 22 of 35 Item 11: FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC - south of West Pine Avenue and east of North Ten Mile Road: Request to Table De Weerd: Thank you. Okay. Items 8, 9, 10, and 11 were requested move to October 16th. Do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we move Items 8, 9, 10, and 11 to October 16th. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue these items. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Continued Public Hearing from September 11, 2007: VAR 07-016 Request for a Variance to UDC 11-4-3-43.1.2 that requires communication towers to be set back from all publicly owned right-of--way a minimum of two times the height of the tower to be installed, to allow a 50 foot setback instead of a 100 foot setback as required, by T-Mobile - 3100 East Florence Street: De Weerd: Okay. Item 12 is a continued Public Hearing from September 11th on VAR 07-016. I will ask for staff comments at this time. Hood: Thank you, Madam Mayor, Members of the Council. Item No. 12 is a request for a variance to a setback for a communications tower. The site is located at 3100 East Florence Street. It's near the intersection of Jewell Avenue and Olive Avenue, just west of Eagle Road. There is an existing multi-tenant retail building on the site. To the north is a parking lot -- not the dirt parking lot that's shown in the aerial now, but a parking lot associated with the blue Ribbon Artisans building and their facilities there directly to the north. To the west is your Yellow Freight industrial property, commercial trucking. To the south is Primary Health and Simmons Fine Jewelry. To the east are commercial properties, Wendy's, FedEx, Kinko's, just to kind of get you oriented there. And the site highlighted in red is the subject site. I'll kind of zoom you in a little bit with the next slide. So, the proposed pole is located on the northwest quadrant of this site. Meridian City Council October 2, 2007 Page 23 of 35 • You can kind of see some arrows there. In this general location is where the proposed pole is. The applicant is requesting a variance from UDC 11-4-3-41 -- 43-I-2, which requires communication towers to be setback from all publicly owned rights of way a minimum of two times the height of the tower. The height of the proposed communication tower is 50 feet, thus, requiring a hundred foot setback. The applicant is requesting a variance to allow a 50 foot setback to Olive Avenue. Just as a reference, there is about 275 feet to Eagle Road from the proposed tower location. The applicant is proposing to remove an existing light pole on the site and construct the subject tower. The proposed tower is a slim design. I got some pictures here of that schematic. The pole will be the same color as the other existing light poles in the parking lot and will still include a light at about 30 feet. The antennas are located inside a five foot tall shroud at the top of the light pole, thus, hiding the antenna array from public view. The applicant is proposing this location on the site because it is around the comer from the main building entrances and the parking spaces in this area are rarely used by the public. There is also located next to the dumpster where they will be able to tie the block wall enclosure into the existing one that hides the dumpster. There are three required findings that the Council must make in approving a variance. First, the variance shall not grant a special right or privilege that is not otherwise allowed in the district. Second, the variance relieves an undue hardship because of the characteristics of the site. And, third, the variance shall not be detrimental to the public health, safety, and welfare. Although staff does not believe that the proposed tower would be detrimental to the public health, safety, and welfare, staff does believe that approving the subject variance would grant a special right or privilege that is not otherwise allowed. Further, staff does not believe that a hardship exists because of characteristics of the site. For these reasons staff is recommending denial of the subject variance request. I do not have any written testimony since the staff report and have not talked to any public members at large or anyone curious about this application. I will stand for any questions you may have. De Weerd: Thank you, Caleb. Any questions at this point? Rountree: I have none. De Weerd: Okay. Bird: I have none. Zaremba: Madam Mayor, are we going to have the applicant -- are they here? De Weerd: We will ask the applicant if they have comment. Zaremba: Okay. Then, I think my question is probably for the applicant, not for Mr. Hood. Meridian City Council October 2, 2007 Page 24 of 35 • De Weerd: Okay. Is the applicant here? Thank you. If you will, please, state your name and address for the record. Schutjer: You bet. It's Rocky Schutjer. S-c-h-u-t j-e-r. And that's 2666 Wellington Street in Salt Lake City, Utah. De Weerd: Thank you. Schutjer: 84106. Thank you, Caleb, for that introduction. I can -- I have some kind of prepared comments. I don't know if you want to ask your question or -- De Weerd: If you want to go ahead and state your prepared comments. If they don't answer his question, I'm sure he will ask it at that time. Schutjer: Very good. Thank you. De Weerd: Thank you. Schutjer: Not so much prepared comments, but one thing that I wanted to stress as part of this design and this application and the reason for the variance is the stealth nature of the tower. It is, in fact, to -- I would dare say a hundred percent of the public that's going to drive by this busy intersection in your town, no one will ever know that there is an antenna enclosed at the top of -- at the top of this light pole, which is, in essence, what the pole is, it's a light pole and not a communications tower that we are used to seeing with big arms and, you know, excessive structures on the outside. So, I guess that's the one big thing that I wanted to stress was the stealth nature of the sight. As far as the setback is concerned, the location that we picked on this particular parcel is located -- I don't know if Caleb can go back to the site plan. It is a big busy parcel with a couple drive-thrus. There is a Wendy's and there is a Starbucks. There are other -- when I say a light pole, this is parking light poles that are already existing, but this particular one up in the northwest corner, it's next to the dumpster, which is traditionally where people aren't. The parking is over there that's not used as frequently. The store fronts are to the east on the retail space, just -- just south of the proposed site. But, anyway, we feel that it's the best location on the property for this type of design. We also looked for when we -- when we were looking for a site in this area we were looking for existing structures and not necessarily to have to bring in a new tower, which aren't always pleasing to the eye, but -- so, we thought the replacement of a light pole -- we have done this in other locations and they look great. I mean we are going to use the exact same light that's existing on the 30 foot pole. It will be painted the same color and so forth. So, that's the reason for the application. And I'd love to entertain any questions you might have. De Weerd: Okay. • Meridian City Council October 2, 2007 Page 25 of 35 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do. And I appreciate the stealth nature of it. I was on the committee that helped write some of these ordinances and we wanted to encourage the stealth ones. Schutjer: Sure. Zaremba: I guess my question in this particular location is why does it need to be a free-standing tower? Why wouldn't you be able to build what would probably be a fifteen foot tower on the roof of one of the buildings? Schutjer: Funny you ask that. The first -- the first attempt I made at a -- at a design for this site was on top of the retail space. Zaremba: That's what I was thinking, somewhere in that neighborhood. Schutjer: Yeah. Exactly. I would -- I would guess that the top of that roof is about 20 feet and so you definitely could build something on top of that. To -- to get the proper objective as far as covering the area, you know, you have to build something fairly -- fairly reasonable in size and, quite honestly, from an esthetic standpoint. alight pole replacement that's not going to stand out is going to look a lot better than something on top of the roof and roof top mounts, co-locations on top of roofs are very typical and we do those where possible, but I think with the limited height of that building, I think that would stand out a lot more to citizens and the passers by, than something on top of the roof or, excuse me, than this light pole replacement. That's a great question. I -- I don't know if that answers your question, but think you're getting into something that is going to stand out more anyway. But that's -- that's certainly an option. Height would be an issue there in getting to an optimal height to cover the area and to justify spending the money, so -- Zaremba: Okay. Well, that -- the building is shorter than I was anticipating it and I was thinking a shorter tower if it was a taller building, but -- Schutjer: Yeah. It's asingle -- it's just asingle -- single level. I would say 20 foot might be -- might be taller than it is, actually, so -- Zaremba: Thank you. Schutjer: Yeah. You bet. De Weerd: Okay. Council, any other questions? Meridian City Council October 2, 2007 Page 26 of 35 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I might have -- this might have went over my head, but what is the height of the existing light pole? I know they said the light was going to come up about 30 feet. Is that what the height of it is now? Schutjer: Correct. Bird: So, you're basically adding 20 feet more? Schutjer: Correct. Which is a permitted use within that -- within the industrial light area. And as far as the other, if I could, just -- I mean the -- one of the big issues I see with the parcel is the -- the equipment at the base of the -- at the base of the tower is really what could interfere with, you know, locating it and meeting that setback requirement. If you go further, you know, to the east you're -- you're getting into having to build an enclosure to -- to house that equipment and with -- with the traffic that goes through there I -- I think putting it in the comer where it is just makes the most sense. De Weerd: So, do you understand what the findings are that our needed for a variance? Schutjer: I do. De Weerd: So, what is the hardship? Schutjer: Well, the hardship -- that's a great question and I've thought a lot about that. I think one of the --one of the hardships -- and hope -- this may not answer your question completely, but the -- I guess I look at this particular application as not a communications tower, a big ugly monstrosity, but an actual -- in essence it's a pole and so, for example, there is existing light poles that are on that property -- I mean that come down to the south on the backside of the retail space that do not meet that setback on Olive Avenue and I know those aren't communication facilities, but, you know, they are 30 foot poles that are within 20, 25 feet of -- of that road. So, I guess the -- I don't want to use the word discrimination, but I mean there is already existing poles that don't -- that don't meet that setback, so -- and with the kind of design that we are proposing, I -- I think that that's -- especially from an esthetic standpoint makes a lot of sense. De Weerd: So, there is not another pole location that meets all of the criteria? Schutjer: There is one. Can I show it to you? Meridian City Council October 2, 2007 Page 27 of 35 Nary: Use this mike here. • Schutjer: Thank you. There is one pole that's right here in this park island that does meet the requirements. There is additional clearance from -- from this main artery street. l think it has to be 150 feet from Eagle Road and a hundred feet from here. There is a pole right here, but the issue that -- that I see with this location is that at the base of the tower you're building that block wall enclosure, which, you know, is going to be six foot high or whatever and you have all this traffic coming around here through this drive-thru, through this drive-thru, and I think this becomes more of perhaps a public safety issue, being in this island as far as -- as far as view through the -- through the circle there, so --does that answer your question? De Weerd: Uh-huh. Okay. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Rocky, Idon't -- I don't know the specifics of how the business location works, but do you have an opportunity to utilize a facility across the street, one of the commercial roof tops over there that's higher than 20 feet? Schutjer: To the -- to the west you're talking? Borton: No. Across to the east. Schutjer: To the east? Borton: Across Eagle Road. Schutjer: Okay. Borton: Unless that location is -- Schutjer: No. That's -- that's certainly the same area that we are trying to cover, but I think those building root tops are not that much taller. You're talking about the big -- the big lot shopping stores. Yeah. They are not that much taller than what's existing on this parcel. They could be taller, but the 50 feet that we are proposing, there is definitely nothing in that range, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. • Meridian City Council October 2, 2007 Page 28 of 35 Bird: Rocky, if you put -- if you put one of those antennas up on top of a building, do you still have to have the -- the base of it covered -- you know, surrounded with -- you use block if it's down on the ground, as I understand, around the base and you can put a screen or something up around on the building. Do you have to still do that? Schutjer: No. In fact, the block requirement is something that I teamed from the planners of the city. We -- in fact, on my drawing it shows chain link around the equipment at the bottom and Iwas -- I was told that it had to be a block enclosure, so that's where that came from and I could be wrong on that, Caleb, but anyway -- Bird: Well, what do you do -- what do you do when you put it on the roof, put another chain link around it? Schutjer: No. We wouldn't enclose it. The chain link is strictly for access and for keeping us secure. Bird: Here. Schutjer: Yeah. Bird: Okay. Schutjer: So, yeah, there is -- roof tops we don't -- we don't put fence around the equipment. Zaremba: Madam Mayor? De Weerd: Uh-huh. Zaremba: Is there a required distance between -- between where this equipment that needs to be in the enclosure is and where the actual tower is -- I realize the farther apart those are the more expensive it is for the cable or whatever -- Schutjer: Sure. Zaremba: -- to connect them, but is there a point at which -- what is it you would lose impedance or something like that? The resistance to signals traveling through? Is there a point at which you cannot move the pole -- the tower any farther from the equipment? What is that distance? Schutjer: It's -- the distances are large. What happens is is the size of the coax cable, the farther you get away from the actual antenna, which is at the top of the tower, gets bigger, so there is no loss in the -- of signal -- of signal strength in the -- in the line. So, there -- I mean there certainly are limits. I mean if you - we work, you know 150, 200 • Meridian City Council October 2, 2007 Page 29 of 35 feet is getting really long with cable. So, you can go long, but you beef up the cables, so your conduits are bigger, et cetera, et cetera, so -- Zaremba: Madam Mayor? Mr. Hood, if you could go back one drawing. That one. The reason I was asking that question is even though I know you're trying to locate it where there is an existing pole, is whether or not your equipment could still be there, but the -- if you could move the pole down this property line a little bit, whether you hung a light on it or not -- not to get it too far away from your equipment, but even if you went like 20 feet -- 20 or 30 feet down that -- that property line and put it -- my hand's shaking a little bit. But you can see where I'm aiming to say. You would be much farther -- this road is also curving away from you. Schutjer: Right. Zaremba: You would be much farther away from that and is there a possible solution like that? Schutjer: That's -- that's certainly feasible, yeah. Like I say, we were just looking for existing structures and not to add structures and so that's why I kind of chose that location and -- Zaremba: You have to take the existing pole down anyhow; right? Schutjer: Correct. Zaremba: So, you're, essentially, building this from scratch. Schutjer: Right. Except there would be one more pole on the property. But, yeah, that's -- and that is feasible. We are -- we are just trying to work with existing structures, so -- yeah. De Weerd: Okay. Council, anything further? Bird: I have none. De Weerd: Thank you. Is there anyone here who would like to provide testimony on this application? Okay. Council, seeing no further testimony, what would you like to do? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we close the Public Hearing on Item 12, VAR 07-016. Meridian City Council October 2, 2007 Page 30 of 35 Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Borton: Madam Mayor? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Oh, I'm sorry. Borton: Go ahead. Zaremba: I was just going to comment that I appreciate the thought that it would be a stealth tower. I'm having difficulty making the finding that there is an undue hardship, given that it could be moved along the property line a little bit and still not be too far from the equipment. I guess that's my answer. I have trouble finding the hardship part. De Weerd: Any other comments? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I agree with staffs analysis. I understand the applicant's in a difficult situation. But there are particular findings that we have to make a record of to grant a variance. In light of the -- in light of the applicant's comments, I can't make those findings. The only -- the only stretch, as I listen to the discussion to try and find some sort of characteristic of the site is that it doesn't contain a natural 50 foot mound upon which to place the top of this tower. It's unfortunately 50 feet too flat, so -- and without the findings available, I would be inclined to deny the variance request. De Weerd: Okay. Rountree: I have nothing to add, Madam Mayor. De Weerd: Okay. Meridian City Council October 2, 2007 Page 31 of 35 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there is no additional discussion, I would move that we deny Item 12, VAR 07-016. Rountree: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second on Item 12. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Though I agree with what Mr. Borton said, I -- I do appreciate the effort that the applicant's gone to in terms of this stealth aspect and meeting the other requirement of the city ordinance, but given his final statements about the feasibility of another location on the site, a finding otherwise is very difficult to make, so -- De Weerd: Any further discussion? Mrs. Smith, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Continued Public Hearing from September 18, 2007: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Item 14: Continued Public Hearing from September 18, 2007: IZZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Item 15: Continued Public Hearing from September 18, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Meridian City Council October 2, 2007 Page 32 of 35 Item 16: Continued Public Hearing from September 18, 2007: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: De Weerd: Okay. Items 12 -- or 13, 14, 15 and 16 have also been requested to continue to October 16th. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue the public hearings for AZ 07-006, RZ 07-010, PP 07-008, and VAR 07-007, until October 16th, 2007. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 13 through 16 to October 16th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: PP 07-014 Request for Preliminary Plat approval for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road: Item 18: Public Hearing: PFP 07-003 Request for a Combined Preliminary /Final Plat approval of 4 commercial lots on 6 acres located in the C-G zoning district for Intermountain Outdoor Subdivision by Carmen, LLC - 1351 & 1375 East Fairview Avenue: De Weerd: Items 17 and 18 have also been requested to continue. Bird: Are you going to open the public hearings? De Weerd: Yes. And I will open these two public hearings, but I do have a question to our clerk's office on how the agenda is looking on the 16th. Rountree: Pretty full. Smith: It is getting full, Madam Mayor. Meridian City Council October 2, 2007 Page 33 of 35 De Weerd: So, we may want to not continue these to the 16th, but rather the -- the following week on the 23rd. So, I will open up the Public Hearing on PP 07-014 and PFP 07-003 and ask for Council's direction on when they would like to continue these two items to. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with you wholeheartedly and I think that we should continue these to the 23rd. Rountree: Is that a motion? Bird: I make a motion that we continue PP 07-014 to -- seeings how they are not the same item, I'll do them separately -- to October 23rd, 2007. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 17 and 18 to October 23rd. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 19: Ordinance No. 07-1341 AZ 07-007 Request for Annexation and Zoning of 1.56 acres from RUT to R-8 zone for Amar Cad Wapoot by LandPro Development, Inc. - 2400 West Wapoot Drive: De Weerd: Okay. Item 19 is 07-1341. I will ask the Deputy Clerk to, please, read this by title only. Smith: Thank you, Madam Mayor, Members of the Council. This is a reading of City of Meridian Ordinance 07-1341. An ordinance for annexation of a parcel of land located in the northeast quarter of the southwest quarter of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use classification of said lands from RUT, Ada County, to R-4, low density residential district, in the Meridian City Code and providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of rules and providing an effective date. • Meridian City Council October 2, 2007 Page 34 of 35 De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 07-1341 with suspension of rules. Nary: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 19. If there is no discussion, Mrs. Smith, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. We are at the end of our agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we adjourn. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:24 P.M. Meridian City Council October 2, 2007 Page 35 of 35 (TAPE ON FILE OF THESE PROCEEDINGS) ATTESTED: MAYOR TA de WEERD®®>®~~°~,1,,,118 ~~~`°~`A°°®a,, m, ®° ~~ ; ~~ TED: ~ ~I ~~' • ~®i ~~ i D 7 DATE APPROVED SMITH, DEPUT~(f CIT'(( CLERK September 28, 2007 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of September 11,2007 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILpING 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: E 'I d• COMMENTS Date: Phone: mai a Tarr inmais: Materials presented at public meetings shall become property of the City of Meridian. September 28, 2007 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of September 18, 2007 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS OTHER: Contacted: Date: Phone: Emailed: Staff Initials- Materials presented at public meetings shall become property of the Cffy of Meridian. • September 28, 2007 PP 07-013 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT DBSI Meridian 184, LLC ITEM NO. Jr-C REQUEST Findings for Approval -Request for Preliminary Plat approval for 11 building lots and 2 common lots on 26.35 acres in an I-L zone for Kennedy Commercial Center 1250 West Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: n, , ,~r~n ~ ~l_ Phone: `?` ~ 7-~J 7 `~ Materials presented at public meetings shall become property of the City` of Meridian. COMMENTS See attached Findings ~~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • E IDIAN-- s~~~ In the Matter of the Request for Preliminary Plat Approval of Kennedy Commercial Center Consisting of 11 Commercial Building Lots and 2 Common Lots on 26.35 Acres in an I-L Zone by DBSI Meridian I84, LLC Case No(s). PP-07-013 For the City Council Hearing Dates of: September 4, and 18, 2007 (Findings on the October 2, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 18, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 18, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 18, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 18, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). Z. 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. 02-3 82 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(S). PP-07-013 -1- • 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Preliminary Plat and the Conditions of Approval in the attached Staff Report for the hearing date of September 18, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Preliminary Plat approval as evidenced by having submitted the Preliminary Plat dated 6/22/07, prepared by Toothman-Orton Engineers, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of September 18, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record 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 maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-013 -2- • E. Notice of Final Action and Right to Regulatory Takings Analysis 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 not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 § 67-6521 an affected person being a person who has an interest in real property which maybe 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. F. Attached: Staff Report for the hearing date of September 18, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-013 -3- • By action of the City Council at its regular meeting held on the/'~i~ `~ da of Y ~~ 1ibG~.~ , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED ~~[~L; COUNCIL MEMBER JOE BORTON VOTED :k'Cz COUNCIL MEMBER CHARLIE ROUNTREE VOTED l . f'~~ COUNCIL MEMBER KEITH BIRD VOTED l ~~% TIE BREAKER MAYOR TAMMY de WEERD VOTED ~-' '_y d ATTEST: ` ~~~ ~-~~ ~yd~ , ~ ,fin ~~ J4~ E~ t; e , !'~~' .. _ _ ~ LLIAM G. BERG JR. LEA ~r~. "`~ r~ ~ `> ,~ 6 v Copy served upon: ~ Applicant Planning Department ublic Works Department / City Attorney By: Dated: ~t d - " U`1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-013 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2007 STAFF REPORT Hearing Date: September 18, 2007 (Continued from September 4, 2007) TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Kennedy Commercial Center • PP-07-013 E IDIAN ~-- 6hl~ Preliminary Plat for 11 commercial building lots and 2 common lots on 26.35 acres in an I-L zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, DBSI Meridian I84, LLC, has applied for Preliminary Plat (PP) approval of 11 commercial building lots and 2 common lots on 26.35 acres in an I-L zone for Kennedy Commercial Center. The site is located at 1250 W. Overland Road, on the north side of Overland Road, approximately'/ mile east of Linder Road. This property is within the City's Urban Service Planning Area and is currently within the corporate boundaries of the City. 2. SUMMARY RECOMMENDATION The subject application (PP-07-013) was submitted to the Planning Department for review. Staff has provided a detailed analysis and recommended conditions of approval for the PP application. Staff is recommending that the PP application be approved with the conditions listed in Ezhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on Ausust 2, 2007. At the public hearin g the y moved to recommend approval of the subiect PP reauest. a. Summary of Commission Public Hearin,?: i. In favor: Tim Mokwa, Toothman-Orton Enssineerin~ (Aunlicant's Representative) ii. In opposition: None iii. Commentins:• None iv. Written testimony: None v. Staff presentins? application: Sonya Waters vi. Other staff commentinE on application: None 1L Ke_y Issue(s) of Discussion by Commission: i. Lensth of the private street ~. Key Commission Chance(s) to Staff Recommendation: ~i. Modify condition 1.1.5 to read, "...from the centerline of Overland to the northern property boundary of the common lot" instead of "...from the centerline of Overland to the center of the cul-de-sac." si. Outstandin>= Issue(s) for City Council: i. None .a, ummarv of Citv Council Pub is Hearin i. avor: Tim Mokwa. Toothman-O on .nQinee 'n ii. in onnosition: None Kennedy Commercial Center PP-07-013 Page 1 CTI'I' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2007 iii. Comm n 'n ° None iv. Written tes 'mono: None v. tall nresen 'nom ann ication: Anna .annin vi. ther staff co mentin on ann ication• None g, ev Issues of Discu ion by .ounc'l: i. None f, ev Counc'1 .hanuec to R aff/rnmmiccinn RpcnmmP 1. None 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-07-013 as presented in the staff report for the hearing date of October 4, 2007, 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 PP-07-013 as presented during the hearing on October 4, 2007, for the following reasons: (State specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number PP-07- 013 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/I.ocation: 1250 W. Overland Road The site is generally located on the north side of W. Overland Road, approximately'/~ mile west of S. Meridian Road, in the southwest % of Section 13, Township 3 North, Range 1 West. Tax Parcel: 51213346700 b. Applicant: DBSI Meridian I84, LLC 12426 W. Explorer Drive, Suite 100 Boise, ID 83713 c. Owners: Same as Applicant d. Representative: Alan Durrant, DBSI e. Present Zoning: I-L (Light Industrial) f. Present Comprehensive Plan Designation: Industrial g. Description of Applicant's Request: The Applicant is requesting preliminary plat approval of 11 commercial building lots and 2 common lots on 26.35 acres in an I-L zone. 1. Preliminary Plat, labeled Sheet 1 of 4, prepared by Toothman-Orton Engineering Company, dated 6/22/07 (attached in Exhibit A) Kennedy Commercial Center PP-07-013 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2007 2. Landscape Plan, labeled Sheet 2 of 4, prepared by Toothman-Orton Engineering Company, dated 6/22/07 (attached in Exhibit A) h. Applicant's Statement/Justification: "The proposed use for the site is I-L. Proposed uses will be within the permitted uses of the I-L district and the previous Conditional Use Permit on the property. As discussed with Staff, the intent of this subdivision is to divide the property into large lots for individual sale. The ultimate design and construction of the future buildings, and associated parking, will be submitted for future review by the City, as appropriate." (See Applicant's nary-ative submitted with the application fog more information.) 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. Newspaper notifications published on: July 16, 2007 and July 30, 2007 (Commission); August 13, 2007 & August 27, 2007 (Council) c. Radius notices mailed to properties within 300 feet on: July 6, 2007 (Commission); August 10, 2007 (Council) d. Applicant posted notice on site by: July 20, 2007 (Commission); September 7, 2007 (Council) 6. LAND USE a. Existing Land Use(s): The site is currently vacant with a portion of the proposed S. Tech Lane already existing on the east side of the site. b. Description of Character of Surrounding Area: The property is bordered on the south by Overland Road, the Western Electronics building on the east, I-84 on the north, and vacant property on the west. This property is located within a rapidly developing area of the City. c. Adjacent Land Use and Zoning: 1. North: I-84, zoned R-4 2. East: Western Electronics property, zoned I-L and Mountain View Equipment, zoned C-2 (Ada County) 3. South: Overland Road and existing rural residential properties, zoned RUT & Rl (Ada County) 4. West: Vacant property, zoned I-L d. History of Previous Actions: A Planned Development/Conditional Use Permit (CUP-O1-009) was approved for this property in 2001 that allowed for daycare, office, and retail uses with conditional use permit approval in the I-L zone. The conditions of this CUP run with the land and are still in effect. The private street, S. Tech Lane, proposed to be platted as a common lot within this development was approved by City Council on December 5, 2000. e. Existing Constraints and Opportunities: Public Works: City water & sewer mains have been constructed within the Meridian Freeway Associates project and will be extended as part of this proposed development. Sewer and Water flows must be determined by Public Works and operate in compliance with the Public Works standards. The existing Western Electronics facility east of the site is served Kennedy Commercial Center PP-07-013 Page 3 ~ ! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2007 by a privately owned and maintained sewage lift station that discharges to a City of Meridian sewer main in Overland Road. Bear Creek Estates Subdivision discharges to the same manhole. Because Bear Creek Estates and the Western Electronics facilities use the lift station, only the projected excess capacity in the receiving sewer is available for future development. According to analysis completed under CUPO1-009, computer model calculations show that the Western Electronics lift station is limited to a peak flow of 80 gallons per minute. The project must continue to be served by the existing private lift station and pressure main until such time as the Black Cat Trunk is available to serve this area. The lift station may not discharge a flow greater than 80 gallons per minute at any time. A provision has been made in the sanitary sewer system such that the lift station can be abandoned and the site sewer system connected to the Black Cat Trunk Sewer, or a lateral thereof, when it is available. "Available" shall be defined as the time when the sewer is extended through adjacent property to the western boundary of this project. This project must include relocation of the lift station to the northwest corner or installation of dry-line sewer to the northwest corner with this project. The applicant shall be responsible for the eventual connection to the Black Cat Trunk Sewer. 2. Vegetation: There are some existing trees on this property. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: The Kennedy Lateral runs along the west and south boundary of the site and has been tiled. All ditches on this property shall be tiled per City Code (see Exhibit B of the staff report). 5. Hazards: Planning Staff is unaware of any hazards that may exist on this site. 6. Proposed Zoning: NA 7. Size of Property: 26.35 acres f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 11 3. Total Building Lots: 11 4. Common Lots: 2 (1 for a private street) 5. Other Lots: 0 6. Total Lots: 13 7. Open Lots: 0 8. Residential Area: NA 9. Gross Density: NA 10. Lot Sizes: Buildable lots range in size from 0.83 of an acre to 7.3 acres g. Landscaping: 1. Width of street buffer(s): UDC 11-2C-3 requires a minimum 25-foot wide buffer along W. Overland Road (a 35 foot wide buffer is shown); a minimum 10-foot wide buffer along S. Tech Lane, as shown; and a 50-foot wide buffer along I-84, as shown. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 2. Width of buffer(s) to adjoining uses: A 25-foot wide buffer is required along the east Kennedy Commercial Center PP-07-013 Page 4 CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2007 boundary of the subdivision adjacent to the existing commercial use (Mountain View Equipment), zoned C-2 in Ada County. Landscaping along the east property line shall be provided in accordance with UDC 11-3B-9. 3. Percentage of site as open space: NA 4. Other landscaping standards: Mitigation shall be required for all existing trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accordance with UDC 11-3B-10, Tree Preservation. h. Dimensional standards for the I-L zone per UDC 11-2C-3: DIMENSIONAL STANDARllS~ I-L Front setback (in feet 0 Rear setback (in feet) 0 Interior side setback (in feet) 0 Street setback (in feet) 35 Street landsca a buffer (in feet) Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to non-industrial uses (in feet) 25 Maximum building height (in feet) 50 Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS Landscaping requirements See Chapter 3 Article B LANDSCAPING REQUIREMENTS 'All setbacks shall be measured .from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development is proposed from W. Overland Road via S. Tech Lane, an existing private street. A driveway is also proposed at the southwest corner of the site to/from Overland Road. Staff is supportive of the proposed access points, provided across-access easement is provided for all lots in the subdivision to use Tech Lane and the driveway to Overland Road, and that an access easement and driveway stub be provided to the property owner to the west to use the driveway at the southwest corner of the site or locate the driveway directly adjacent to the west property boundary and provide access to the property to the west. This proposed driveway should be shared, to reduce future access points on Overland Road. ACbID has submitted comments on this application and is supportive of the proposed access points per the conditions listed in Exhibit B. (See Section 10, Analysis, for more information.) 7. COMMENTS MEETING On July 13, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all Kennedy Commercial Center PP-07-013 Page S ~ i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2007 comments and recommended actions as Conditions of Approval in the attached Exhibit B. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Industrial" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Industrial" areas are designated to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. In light industrial areas, uses may include warehouses, storage units, light manufacturing, and incidental retail and office uses. Standards for screening, landscaping, and adequate access would be developed and implemented. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resources and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - Overland Road is currently owned and maintained by the Ada County Highway District (ACfID), Interstate 84 is currently owned and maintained by the Idaho Transportation Department (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. 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. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) The applicant is required to install and maintain landscaping within the street buffers located along W. Overland Road, I-84, and S. Tech Lane in accordance with UDC 11-3B-7. A 25- footwide buffer is required along W Overland Road, a SO foot wide buffer is required along I-84, and a 10 foot wide buffer is required along S. Tech Lane. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the daycare, office, and retail uses allowed on this site with CUP approval, along with uses allowed in the I-L zone, will contribute to the variety of uses in this area. Kennedy Commercial Center PP-07-013 Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2007 • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is not required to install internal landscaping with the subject preliminary plat application; however street buffer and perimeter landscaping is required with this application. Internal landscaping will be required upon development of each lot within the subdivision with CUP & CZC approval. • "Require industrial areas to create a site design compatible with surrounding uses (e.g., landscape, fences, etc.) and community design criteria." (Chapter VII, Goal I, Objective E, Action 3) Because the subject property is adjacent to commercially zoned property on the east, the Applicant is proposing a 25 foot wide buffer to adjoining uses along the east property boundary as required by UDC Table 11-2C-3. • "Establish industrial areas to meet the employment needs of the City of Meridian." (Chapter VII, Goal I, Objective E) Development of the subject industrial property will create additional jobs, which will assist in meeting the employment needs of the City. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2C-2 lists a variety of uses that are principal permitted, accessory, conditional, or prohibited within the I-L zoning district. Sample uses that are principal permitted uses in the I-L zone are as follows: animal care facility; artist studio; contractor's yard; equipment rental, sales, and service; flex space; food products processing; light industry; laundry and dry cleaning; mortuary; storage facility (outside and self-service); freight or truck terminal; vehicle impound yard; vehicle repair; vehicle sales or rental and service; warehouse; wholesale sales; and wireless communication facility. Please see UDC Table 11-2C-2 for a complete listing of allowed uses in the I-L district. Daycare, office, and retail uses are also allowed on this site, with CUP approval, per CUP-01-009. b. Purpose Statement of Zone: The purpose of the Industrial District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this District. c. Structures subject to Design Standards: Per CUP-O1-009, all future buildings on this site are subject to the design standards listed in UDC 11-3A-19C. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELINIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed subdivision. Please see Exhibit C for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the I-L zone per UDC Table 11-2C-3: There is no minimum front, rear, or interior side setbacks requirements in the I-L zone. The required street setback is 35 feet (from an arterial). Proposed lots range in size from 0.83 of an acre to 7.3 acres. The Kennedy Commercial Center PP-07-013 Page 7 CTI'Y OF MERIDIAN PLANNING D• TMENT STAFF REPORT FOR THE HEARING OF SEPTEMBER 18, 2007 maximum building height allowed in the I-L zone is 50 feet. All future buildings on this site are subject to design standard approval in accordance with UDC 11-3A-19C, per requirement of CUP-O1-009. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2C-3 and #6h above. Landscaping: The landscape plan submitted for this project, prepared by Toothman-Orton Engineering, labeled Sheet 2 of 4, dated 6/22/07, is approved subject to the following revisions/notes: • Include a scale on the revised plan; • A 35-foot wide buffer is shown on the landscape plan along W. Overland Road; the UDC only requires a 25-foot wide buffer. Provide a minimum 25-foot wide landscape buffer along W. Overland Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets; • Provide a minimum 10-foot wide landscape buffer along S. Tech Lane as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the S. Tech Lane buffer to meet this requirement. • Provide a minimum 50-foot wide landscape buffer along I-84 as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 351inear feet is required within the buffer along with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the I-84 buffer to meet this requirement. • Provide a minimum 25-foot wide landscape buffer along the east property boundary adjacent to the non-industrial use as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. A buffer shall be provided comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Provide additional trees within the required buffer to result in a barrier that allows trees to touch at the time of the tree maturity. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B- 14; • Comply with the standards in UDC 11-3B-lOC for preservation of existing trees on site as follows: - Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl- inch caliper trees, or seven (7) 3-inch caliper trees.) - No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. Kennedy Commercial Center PP-07-013 Page 8 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2007 - Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Proposed Streets and/or Access: Access to this development is proposed from W. Overland Road via S. Tech Lane, an existing private street. A driveway is also proposed at the southwest corner of the site to/from Overland Road. The driveway shown on the plat at the southwest corner of the site to/from Overland Road should be relocated directly adjacent to the west property boundary oY a stub should be provided to the west property boundary, and cross-access shall be provided to the property to the west (parcel #1213336006) for access to the driveway to reduce access points on Overland Road. Cross-access should also be provided to the property to the east that abuts S. Tech Lane (parcel #1213347115) for access to the private street. Across-access easement/agreement should be recorded for all lots within the subdivision. All lots within the subdivision should have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. Staff and AC>•-ID are supportive of the proposed access points proposed on the plat with the conditions listed in Exhibit B. Private Street: South Tech Lane is an existing private street that is included in the proposed plat as a common lot depicted as Lot 1, Block 1. This private street was approved by the City Council on December 5, 2000. Therefore, a private street application has not been submitted concurrently with the subject preliminary plat. Currently, S. Tech Lane has a sidewalk along the west side of the street and ends approximately 50 feet north of the linear planter island for a total length of 400 +/- feet from centerline of Overland Road. The plat depicts S. Tech Lane extending north a total of 600 +/- feet measured from the centerline of Overland to the center of the cul-de-sac. Unified Development Code 11-6C-3 states, "No street that ends in a cul-de-sac or a dead end shall be longer than 450 feet." The proposed extension of S. Tech Lane shall be limited to 450 feet as allowed by the UDC measured from the centerline of Overland to the center of the cul-de- sac. A cul-de-sac that meets the turning radius required by the Fire Department shall be constructed at the end of S. Tech Lane that complies with the cul-de-sac length requirements of UDC 11-6C-3. Beyond the cul-de-sac the applicant should provide a cross access easement for the lot(s) that are not directly served by the cul-de-sac for access to S. Tech Lane. The private street should be posted as a fire lane with no parldng allowed and the curbs nett to the drive aisle should be painted red in accordance with UDC 11-3F-4B. Elevations: The Applicant did not submit conceptual building elevations with this application; elevations were submitted previously with CUP-01-009. All future structures on the site that do not comply with the building elevations and materials submitted with CUP-01-009, shall be subject to Design Review approval per the standards listed in UDC 11-3A-19 along with any Conditional Use Permit or Certificate of Zoning Compliance application, prior to issuance of building permits. [NOTE: The internal lots that are not adjacent to a street (Lots 6, 9, and 10) shall not be subject to the 8-foot pedestrian walkway requirement to the perimeter sidewalk.] Fencing: The Applicant is not showing any fencing on any of the submitted plans. Permanent fencing is not required for industrial subdivisions. ff permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. Ditches, Laterals, and Canals: The Kennedy Lateral runs along the west and south boundaries of this site and has been tiled. As per UDC 11-3A-6, all irrigation ditches, laterals or canals, Kennedy Commercial Center PP-07-013 Page 9 • CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2007 exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas 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 specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Certificate of Zoning Compliance: In addition to Design Review approval for structures that do not comply with the building elevations and materials previously approved with CUP-O1- 009, the Applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction or a change in use on the site prior to issuance of building permits. b. Staff Recommendation: Based on the above analysis, Staff is recommending that the PP application be approved with the conditions listed in Ezhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on August 2. 2007. At the public hearing they moved to recommend approval of the subiect PP request. he Meridian Citv Council heard these items on Sentember 4. and 18. 2007. At the uubLic earin~ on Sentember 18.2007 they sunroved the subiect PP reouest 11. E~~IT5 A. Drawings 1. ZoningNicinity Map 2. Preliminary Plat, prepared by Toothman-Orton Engineering Company, labeled Sheet 1 of 4, dated 6/22/07 3. Landscape Plan, prepared by Toothman-Orton Engineering Company, labeled Sheet 1 of 4, dated 6/22/07 B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District Kennedy Commercial Center PP-07-013 Page 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2007 A. Drawings 1. ZoningNicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING OF SEPTEMBER 18, 2007 2. Preliminary Plat PRELDdINARY PLAT KENNEDY COMMERCIAL CENTER SUBDIVISION MERIDIAN CITY, ADA COUNTY, IDAHO JUNE, 2007 ~~. ~~~~~ ~ ~" i I a~.,_: ~ _ _,. ~e 0 VICit~k7Y OAAP P ~Sm®m.O°~aun®e~m ~~w ~~ ®meo ae~ ®am ~e®. m m~ ~'Il~ G : gy . 6,.i ~~~ ~~m $~+°Ss~&p1aee ~mm.m ~'. ~® a~ B ~~ 9 ~~ a ~~~ -aad~ ~_ ~~~~ ~. v> c e Exhibit A • CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 18, 2007 3. Landscape Plan o. ~ h n n ~ _ __ I l ~~ 1 ~ I j~ II ~~ R I o ! ~ ~ i i ~I ~ _~ BLOC 1 ' j ~( I i~ ~ ;,. I'~ ~ `~ ! ~ ;'1 ~~ c~ ~~~i ~- - r I -~ f )~ ~~ - A r~! i • t ~,~ I ~ I %~ ~ iii n !Z C• ~ 1 mw"A nxrn I o* . PACRt LounoM . ~. C]. .p a .sm ' ~ MftlQ9CBffn01'FS l { A O A u1 ~. 3 ~ ; ~i m. ~ „ @e a- ~ O --- .......~.~...mm...~...®..~...~.a,.m, ~ a ~~ ,.... n ~~.. nnvr scr~w~ ~~ ~ ~ qq O ~ [[ @@ gg F 6Yd~ LANNSCAPE SUBMITTgL REOUIREMEN"5 [wmaA zomnc ca~~avz sueurtta Q ~ m e~a..,w~,,.~-~ IrRiR ICgTIOA PE3FORMANCE :PEC. .~.p .~, U ~ 0. ~a~m.® ~~~~~,a~.~,. .®.~~ m.n, ---- ----~ ,:. ~...vm....,,,. ~...... ,S ~.@ ~' '~~~ .. ~~ p~~~~ {~'.~ m • ®®_,••~, •• '•~®~•,p rnowcrnwc roksw.uns V .tee. m.e .~.> SYi..'B.C'%'SS v~ P°.4P~i~" '~.'9SStWLL '~$~!\~~_w .. °° ~ ~~ axrr's~ ~ ~' ~:aea'~ ~~~~ 1~(~ ~ ~ ~~IR ~® .., m~.~~ ~~ ~ ®~ ~ ten, N.~a ~ ®~ ~ ,.e.~.e - ~ ~ ~~mm~q ..a ew ..a® Vic- auNriNC• ocTN~ Wc- vwnwc' o_Ta~ s~RUS vuNTme oe-n~~ 3yve- Pw~x eoce~ ornu 9 9ffET Y ~' 4 Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT l.l.l The preliminary plat labeled as Sheet 1 of 4, prepared by Toothman-Orton Engineering Company, dated June 22, 2007, is approved with the conditions listed herein. The Applicant shall comply with all previous requirements of this site including those associated with CUP-0l -009. 1.1.2 All future structures on the subject lots shall be required to obtain Certificate of Zoning Compliance approval prior to issuance of building permits. 1.1.3 All future structures on the site that do not comply with the building elevations and materials submitted with CUP-01-009, shall be subject to Design Review approval per the standards listed in UDC 11-3A-19 along with any Conditional Use Permit or Certificate of Zoning Compliance application, prior to issuance of building permits. [NOTE: The internal lots that are not adjacent to a street (Lots 6, 9, and 10) shall not be subject to the 8-foot pedestrian walkway requirement to the perimeter sidewalk.] 1.1.4 The driveway shown on the plat at the southwest corner of the site to/from Overland Road shall be relocated directly adjacent to the west property boundary or a stub shall be provided to the west property boundary, and cross-access shall be provided to the property to the west (parcel #1213336006) via a note on the final plat or a separate recorded agreement. 1.1.5 The proposed extension of S. Tech Lane shall be limited to 450 feet as allowed by the UDC measured from the centerline of Overland to the ^ ute: cf *'~° ' -' northern uronerty boundary of the common lot. A cul-de-sac that meets the turning radius required by the Fire Department shall be constructed at the end of S. Tech Lane that complies with the cul-de-sac length requirements of UDC 11-6C-3. Beyond the cul-de-sac the applicant shall provide a cross access easement for the lot(s) that are not directly served by the cul-de-sac for access to S. Tech Lane. 1.1.6 The private street, S. Tech Lane, should be posted as a fire lane with no parking allowed and the curbs next to the drive aisle should be painted red in accordance with UDC 11-3F-4B. 1.1.7 Cross-access shall be provided to the property to the east (parcel #1213347115) for access to S. Tech Lane via a note on the final plat or a separate recorded agreement. 1.1.8 The landscape plan submitted for this project, prepared by Toothman-Orton Engineering, labeled Sheet 2 of 4, dated 6/22/07, is approved subject to the following revisions/notes: a. Include a scale on the revised plan; b. A 35-foot wide buffer is shown on the landscape plan along W. Overland Road; the UDC only requires a 25-foot wide buffer. Provide a minimum 25-foot wide landscape buffer along W. Overland Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets; c. Provide a minimum 10-foot wide landscape buffer along S. Tech Lane as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the S. Tech Lane buffer to meet this requirement. d. Provide a minimum 50-foot wide landscape buffer along I-84 as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE ~G DATE OF JULY 5, 2007 minimum density of 1 tree per 35 linear feet is required within the buffer along with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the I- 84 buffer to meet this requirement. e. Provide a minimum 25-foot wide landscape buffer along the east property boundary adjacent to the non-industrial use as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. A buffer shall be provided comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Provide additional trees within the required buffer to result in a barrier that allows trees to touch at the time of the tree maturity. f. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14; g. Comply with the standards in UDC 11-3B-lOC for preservation of existing trees on site as follows: • Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) 4-inch caliper trees, or seven (7) 3-inch caliper trees.) • No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. • Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.9 A minimum 25-foot wide street buffer is required along W. Overland Road; a minimum 10-foot wide buffer is required along S. Tech Lane; and a minimum 50-foot wide buffer is required along I-84, as shown on the plat. These buffers shall be depicted on the plat as a permanent easement/buffer o~ included as a common lot in the subdivision and shall be maintained by the Business Owner's Association. Include a dimension on the southern lot line of Lot 1, Block 1. 1.1.10 No signage is approved with this application. All signs proposed for this site shall obtain separate sign permit approval. 1.1.11 Across-access/cross-parking easement/agreement shall be recorded for all lots within the subdivision. All lots within the subdivision should have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.1.12 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. 1.1.13 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 5, 2007 1.1.14 Other than the access points specifically approved with this application, direct lot access to Overland Road is prohibited and shall be noted on the final plat. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 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, the 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 standards 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 ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 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. 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. PUBLIC WORKS DEPARTMENT 2.1 The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.4 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- Exhibit B ~ o CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 domestic purposes such as landscape irrigation. 2.5 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the azea being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.6 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 azeas. 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 filing all necessary applications with the Idaho Department of Water Resources regazding Shallow Injection Wells. 2.7 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.8 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.10 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.13 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.14 The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.15 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity aze determined after power designs aze completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 3. MERIDIAN FIItE 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'/z" outlet face the main 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 specifications. d. Fire Hydrants shall be placed on comers 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 existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface aze required before combustible construction is brought on site. 3.7 The 11 commercial lots lot will have an unknown transient population and will have an unknown impact on 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 Group our requests for service are projected to reach 2800 in the yeaz 2005 and 3800 by the year 2010. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured azound the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route azound the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a) For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 b) For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 There shall be a fire hydrant within 100' of all Fire Department connections. 3.13 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.14 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.15 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. 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 Required) 3.16 Commercial buildings greater than three stories or 30' in height will require three access points. 3.17 All security gates will be required to be approved by the Fire Department. 3.18 The fire department is opposed to any landscape island in the middle of a cul-de-sac that may prevent a fire truck from turning around on the end of the court. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 Sanitary Service Company did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Complete the construction of the previously approved private roadway, Tech Lane, as proposed by applicant to allow access to the proposed lots for this subdivision. 7.1.2 Construct/LTtilize afull access curb return type driveway located on the western property line. 7.1.3 Other than the access specifically approved with this application, direct lot access to Overland Road is prohibited and shall be noted on the final plat. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDTTIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 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. 7.2.7 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 ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 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. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 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. 7.2.13 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. Exhibit B CITY OF MERIDIAN PLANNIN® PARTMENT STAFF REPORT FOR THE HEA~ DATE OF JULY 5, 2007 C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: [n consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that 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. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C • September 28, 2007 MI 07-004 MEf~IDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT Treehaven, LLC ITEM NO. 5-D REQUEST Second Addendum to DA -Request for MI Application fora 3rd Amdmt mod to the previously approved DA for the Tree Farm AZ 06-004 by including a provision to adjust coning boundaries to generally align w/lot lines or center lines of streets for Tree Farm - n/o Chinden AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ Emailed: v Materials presented See attached Addendum to DA ~~~ ~ ~j _-~1 Date: /' ~~ 07 Phone: ~ 3 ~ ' 3 7 3 0 ' r!d Cc~ Staff Initials: ~(,~ at public meeflngs shall become properly of the City of Meridian. .s t ,~, CITY OF - eYl~l~n =- ~~ IDAHO ,}~ y ,!j Fc e~R CUs TREASURE V ~Y ~!~ MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Chaxles 1VI. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6854 Folice_ _ __ _ _. 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 7_235 N.W. 8th Street 888-52421 fax 884-1159 September 10, 2007 Deridc O'Neill Treehaven, LLC 2242 East Rivenaralk Drive Suite 200 Boise, ID 83706 ~~ ~il~.~ ®~~~~C3Pld1~I pity clerk ®f~c~ Re: Second Addendum to Development Agreement -Tree Farm MI 07-004 Dear Mr. O'Neill, Enclosed please find the original Second Addendum to the Development Agreement for Tree Farm, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call me if you have any questions at 208-888-4433. Sincerely, ~~~ Tara Green Deputy City Clerk enc. etnr,~d sited /r~}Z,vr ~/ '/Z~~ G~~ ~~~ 3~~ ~3y3a ~f 36 y CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CTI'Y CLERK -FAX 888-4218 FINANCE & UTILTI'Y BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper • • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUM .00 ffi BOISE IDAH010116107 11:32 AM DEPUTY Bonnie Oberbiipp (~ I I' II'I ~I'I, II I') I I"I' II 11111 I I'II RECORDED-REQUEST OF 10714199 Meridian !dty SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Treehaven, LLC, Owner/Developer This second addendum to the Development Agreement ("Addendum") is made and entered into this_~ day of ~'C~'Yl1oC/ 2007, by and between C1TY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Trcehaven, LLC, whose address is 2242 East Riverwallc Street, Suite 200, Boise, Idaho, $3706, hereinafter called"OWNER/DEVELOPER". RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was approved August 23, 2006 and recorded September Z1, 2006 (Instrument # 10651218) ("Development Agreement") and the Fast Addendum to Development Agreement that was approved on February 1, 2007 and horded on February 22, 2007 (Instrument # 10702555) (Fast Addendum to Development Agreement) on the land described in Exhibit "A 1". B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and the Fast Addendum to Development Agreement in accordance with the terms of this Second Addendum, which terms have been approved by the Meridian Planning aad Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and the First Addendum to the Development Agreement, except with regard to Section 5, `CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" of the Development Agreement, which is hereby amended as follows: a. That Exhibits "Al & AZ" be replaced with the attached revised legal descriptions and zoning maps as in Exhibit "A1 8t A2" attached hereto. b. That Section 5.2 be replaced with the following: 5.2 "Developer will develop the Property generally in accordance with the Concept Pian, as Exhibit C, unless otherwise modified by this Agreement. The parties aclmowledge that the designation of land uses on SECOND ADDENDUM'PO DEVEfoPMBNT AGRBElNE1~Pr (bII x7-004 TR~FARM ANNEXATION PAGE 1 OF 4 • the Concept Plan is conceptual and is subject to change as necessary to respond to market conditions, site conditions, and other development considerations. Notwithstanding any land use designation shown on the Concept Plan, any parcel may be developed, improved and used as is allowed by the underlying approved zoning far such parcel. Specifically, Developer may develop the Property at density levels consistent with the approved zoning as shown in Exhibits Al and A2." 2. This Addendum 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 Addendum shall be binding on the OWNER/DEVELOPI3R of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent the sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions herein and any successor owner or owners shall be both benefited and bound by tl'~ conditions and restrictions herein expressed. CITY agrees, upon written request of OWNER/DEVELOPER, to execute appropriate and recordable evidence of termination of this Addendum if CITY, in its sole and reasonable discretion, determines that OWNER/DEVELOPER has fully performed its obligations under this Addendum. 3. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 4. This Addendum sets forth all promises, inducements, agreements, conditions, and understandings between O~VNER/DEVELOPER and C1TY relative to the subject matter herein, and there are no promises,agreements, conditions orunder-standings, either oral or written, express or implied, between OWNER/ DEVELOPER and CPTY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CPTY, to a duly adopted ordinance or resolution of CITY. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided forcan bemodified oramended without the approval of the CITY in accordance Idaho Code Section 57-6511A. 5. This Addendum shall beeffective as of the dateherein above written. SECOND ADDENDUM TO DEVQ.oPMENT AGRE~IErPr (MI 07-004 TREFFARM ANNEXATION PAGE 2 OF 4 • • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: TREEHAVEN,LLC ~~ BY: '~ DERICK. O'NE1LL, MANAGER CITY OF MERIDIAN ~0-2-07 WII LOAM G. BERG, '9n -c.~T 18~ '/~~~~Itlllllllllll SECOND ADDENDUM TO DEVELOPMENT AGREEMENT (IvII 07-004 TREEFARM ANNEXATION) PAGE 3 OF 4 STATE OF IDAHO ) . ss: County of Ada ) _ On this day of G?1 Z1~ 2007, before me, a Notary Public in and for said State, personally appeared Derick. O'Neill on behalf of TreeHaven, LI.C, known or identified to me to be the manager of said corporation, who executed the instrument on behalf of said company, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day (SEAL) certificate first above written. ~ ~.*''~~ ~OTAgA ...~ ~~. pvsL~~ . ~,ti~~ ~F 1 q~Q Residing at: ~ My Commission STATE OF IDAHO ) ss County of Ada ) On this day of ~~ C ~'a ~"fit ~1 ,2007, before me, a Notary Public in and for said State, personally appearred Tammy ~ Weerd and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN V~VITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .•'••••. •~ O~ ~ '• • ~~ • ~ • (SEAL) : ~> ~ • ~` : i ~'~9;E OF~~ii Notary Public for Idaho Residing at: '(1'`C.- ~~+~ ~~ . ~ c) Commission expires: ~ ~ _ 1 C=1 t SECOND ADDENDUM 1~D DEVELOPMENT AGREEM~VT (AiII 07-004 TRSEFARM ANNE7CATION) PAGE 4 OF 4 ~ r Iinderson Survey ~roup.com EXHIBIT A PARCEL 1 ZONED R-15 Legal Description A parcel of land situated in the South Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1444.59 feet to the True Point Of Beginning; Thence leaving said South line, North 00°42'21" East, 200.00 feet to a point; thence North 55°52'46" West, 85.81 feet to a non- tangent point on a curve; thence along a curve to the left having a radius of 250.00 feet, an arc length of 386.58 feet and through a central angle of 88°35'49", with a chord bearing of North 05°02'15" East, a chord distance of 349.20 feet; thence North 39°15'39" West, 40.00 feet to anon-tangent point on a curve; thence along a curve to the left having a radius of 225.00 feet, an arc length of 466.22 fee#, through a central angle of 118°43'17", with a chord bearing North 08°37'18" West, a chord distance of 387.18 feet to a point; thence North 22°01'04" East, 152.25 feet to a point; thence North 67°13'00" West, 117.35 feet; thence North 53°59'58" West, 249.97 feet to anon-tangent pQiflt on curve; thence along a curve to the right, having a radius of 620.00 feet;. an arc length: Qf :. " 162.11 feet, though a central angle of 14°58'51", with a chord bea~rtg SoutFr 43°29'2.7,.,". West, a chord distance of 161.65 feet to a point; thence South ~ 50°58!53" West, 52:b6 . feet; thence along a curve to the left, having a radius of 600:00 feet; an arc distance of .` 226,74 feet, through a central angle of 21°39'09", with a. ,chord ~earing:..South 40°09'.1" West, a chord distance of 225.40 feet to a point; thence~South 29°144" YVest, 201.14 feet= thence along a curve to the right, having a radius;.of. 23C?:~ fit, an arc dunce of 247.41, through a central angle of 61°37'59", with a clurrri bearirr~ Sotitfi=60°Q$'~4" Wesf a chord distance of 235.65 feet; thence North S9°b2'17 West, 1.13.80 feet to°''s nc~n- tangent point on a curve; thence along a curvQ~to the rigf~i:s hag a radius of 506.05 feet, an arc distance of 244.95 feet, through a ~i~ral angle of.:~7°44'Q~", with a chord bearing South 14°49'44" West, a chord distance ufi 242.57 feet~to a polri#; thence:South 28°41'45" West, 99.15 feet to a point; thence elong a curve to~~he left, having a radius of - 185.00 feet, an arc distance of 135.76 feet'thrt~ugh a;~eentraf angle Df 42°02'42°, with a chord bearing South 07°40'24" West, a chord. dist:artce of 132.73 feet to a porrrt; thence South 13°20'57" East, 37.04 feet; thence along a curve to .tlae rigl't, having ~ radius of 184.63 feet, an arc distance of 49.34 feet, through.: central angle-of 16°19'3", with a chord bearing South 07°14'25" East, a chord distance ol• 49.23 fact to a 'point;.. thence South 00°30'29" West, 177.49 feet to a peat= on said South line; thence South 89°i7'39' East, 1202.67 feet to the Point Of Beginning,, . Said parcel containing 26.89 acres more of 1l ~. '~'T ' ,~ 1 End description "i , Project No. 05132 ~~~ ~ ,~ b~ February 2, 2007 . r,~t:RtDtAN PUBI:tC ~~iAtbRKS oEA7 - 357 E. Yatertawer ln.. Suite f, Meridian, ID 83642 P. 208.888.7345 f. 208.888.7354 14~~ ~' F /~~ ~ ',~ 7~1 ~ , ', .,. ~>>r 1~ d~~ dt E • I Title: ~/~ ~C,~,L ~ ~ Date: 02-02-2007 ~ Scale; 1 inch = 400 feet ~ File: ~ Tract 1: 26.894 Acres: 1171512 Sq Feet: Closure = s02.4143e 0.01 Feet: Precision =1/825052: Perimeter =4648 Fat 001~100.4221e 200.00 002~SS.S246w 85.81 003: R 250.00 Ddm=88.3349 B~3.0213e, X34920 004~139.1S39w 40.00 003: R-25.00 DelOa 118.4317 B.3718w, ~hdd387.18 006--n22.0104e 1 S2.2S 007=n67.1300w 117.35 008=nS3.S9S8w 249.97 0~: R; R=62{-.Qp DdE~14.$831 3.2927q; ('3161.63 010=sS0.S8S3w 52.06 011: R~OO.OO Del>a~21.3909 .0919w, C~hd~223.40 012=s29.1944w 201.14 013: R~LiO.pp, D~1.3739 .0844w, Chd~133.65 014--~t89.0217w 113.80 ou: R~, R so6.os, ne~zr.44oz B~s14.4944w, Cht~14237 016~28.414Sw 99.1 S 017: R=183.00 DeSt~42.OL42 .4024w, t~132.13 018=s13.2057e 37.04 019: Its R 184.63 Dd~13.1973 1~s07.1423y ~d=49.29 020~00.3029w 177.49 021=s89.1739e 1202.67 r 1 ~( I- Anderson Survey Group.com ~. EXHIBIT A AMENDED PARCEL 2 ZONED R-8 Legal Description A parcel of land situated in the South. Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1293.61 feet to the True Point Of Beginning; Thence continuing along said South line, North 89°17'39" West, 150.97 feet; thence leaving said South, line, North 00°42'21" East, 200.00 feet to a point; thence North 55°52'46" West, 85.81 feet to anon-tangent point on a curve; thence along a curve to the left having a radius of 250.00 feet, an arc leng#~of 386.58 feet and through a central angle of 88°35'49", with a chord bearing of North 05°02'15" East, a chord distance of 349.20 feet; thence North 39°15'39° ~llest, 4U.DOfi"eet to anon-tangent point on a curve; thence along a curve to the ie~t i~ag a radws-of..; 225.00 feet, an arc length of 466.22 feet, through a central aagie-if ~1•$°43'7", with' a chord bearing North 08°3718" West, a chord distance of 387.1 ~°feet to a point, thence North 22°01'04" East, 152.25 feet to a point; thence South ,b'`/° 13'00" :Est .e:distanc~~ of 17.25 feet; thence North 67°12'45" East, 225.88 feet; thence, South OQ°25'06" West,.,.:: 1233.587 feet to the Point Of Beginning, said point being on the South iirie of Section 22.: • Said parcel containing 4.79 acres more of less End description Project No. 05132 February 2, 2007 ay "' ~ aac. -HERIDIAN PUB{.tC CORKS DEPT. t 357 E. ~otertower Ln.. Suite F. Meridian. ID 83642 P. 208.888.7345 F. 208.888.7354 _ _ r ~~ Title: ~~rL~,, L 2 Date: 02-02-2007 Scale: finch = 400 feet File: Tract 1: 4.795 Acres: 208868 Sq Feet Closure = n56.3144e 0.00 Feet: Precision >1/999999: Perimeter = 2959 Feet 001~89.1739w 150.97 005=n39.1539w 40.00 009=n67.1245e 225.88 002~00.4221e 200.00 °s06a~i~°.°fa~i isa31~ 010~00.250bw 1233.587 003~55.5246w 85.81 007=n22.0104e 152.25 ozi~00c~°e~sa9 008=s67.1300e 17.25 Anderson Sllruey Group.com ~, EXHIBIT A AMENDED PARCEL 3 ZONED R-2 Legal Description A parcel of land situated in the South Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1293.61 feet; Thence continuing along said South line, North 89°17'39" West, 150.97 feet; thence leaving said South line, North 00°42'21" East, 200.00 feet to a point; thence North 55°52'46" West, 85.81 feet to anon-tangent point on a curve; thence along a curve to the left having a radius of 250:00 feet, an arc length of 386.58 feet and through a central angle of 88°35'49°, with a chord bearing of North 05°02'15" East, a chord distance of 349.20 feet; thence North 39°15'39" West, 40.00 feet to anon-tangent point on a curve; thence along a curve to the left having a radius of 225.00 feet, an arc length of 466.22 feet, through a central angle of 118°43'17", with a chord bearing North 08°37'18" West, a chord distance of 387.18 feet to a point; thence North 22°01'04" East, 152.25 feet to the Tru® Point Of ~eglnning; thence North 67°13'00" West a distance of 117.35 feet; thence North 53°59'58" West, 249.97 feet to anon-tangent point on a curve; thence along a curve to the left, having a radius of 620.00 feet, through a central angle of 48°34'36", with a chord bearing North 11°42'44" East a chord distance of 510.05.feet; ' thence North 77°25'26" East, 371:86 feet to a point; thence North 13°41'1~E" East; 9~8~92 , . feet to a point on the Southerly right-of--way line of the Phyllis Canal; .th~n~ along said Southerly right-of--way line the following courses and distances, North 70°0T49".East a:. ~. distance of 234.39 feet; thence North 72°52'39" East a distance of 3.4;•17 feet; thence North 75°50'26" East a distance of 57.63 feet; thence North ~'&a1~8'26" East a stance of 80.77 feet; thence North 80°02'13" East a distance of 3i:41~feet; them Nprth 81°50'24" East a distance of 194.93 feet; thence North 81°36'19" E~st'!a d~stae of `'f77.81,feet; thence North 81°16'58" East a distance of 44.09 feet; thence NArth ~'7°8'02". East a distance of 40.83 feet; thence North 72°53'56" East adistancedf 222fi6 feet, thence North 73°32'38" East a distance of 36.58f~aet; hence-fVortl~~76°59'4" East a distance of 36.33 feet to a point on the East Iin.,Q;of~said S~tion ~~; thence along said ;:.. East line, South 00°28'39" West a distance of 477.90 feet#o theEast one-quarter comer of said Section 22, said point being marked by a;Brass gip; thence continuing along said East line, South 00°20'09" West a distance of 1;17 57~feet to a point marked by a 5/8" rebar; thence leaving said East line, North $9°~~~'34° 1lyest a:distanee'of 1291.77 feet to a point marked with a 5/8" rebar; thence South 00°25'06" West a distance of 8.39 feet; thence South 67°12'45" West a distance Qf22~.88 feet; the_i~ce North: f7°13'OQ" West a distance of 17.25 feet to the POINT OF BEININC~' Said parcel containing 55.11 acres more ©f..~E~ia ~ v'-~ End description FEQ ~ ~ ~~ Project No. 05132 February 2, 2007 ~ei:,c~toiaiv ~at;tG w10RK~3 D1:P'C.. 357 E. Watertower ln.. Suite F. Meridian. 10 83642 P. 208.888.1345 F. 208.888.7354 ~~ r,-. r itle: ~~~ ~~~,, (r,,.. '~,. Date: 02-02-2007 ~ Scale: finch = 500 feet ~ Fife: ~ Tract 1: 55.105 Acres: 2400395 Sq Feet: Closure = n82.4118w 0.02 Feed Precision =1/3%919: Perimeter = 6789 Feet 001=n67.1300w 117.35 002=nS3.5958w 249.97 003: Lt, Rm620.00 Deims98.3436 i.auae, c~sio.os 004~77.252be 371.86 005=ni3.4114e 918.92 006--n70.0749e 234.39 007~72.5239e 34.17 008=n75.5026e 57.53 009~78.1826e 80.77 010=n80.0213e 31.41 011=n81.5024e 194.93 012=a81.3619e 177.81 013=n81.1658e 44.09 014---n77.5802e 40.83 015~72.5356e 222.65 016~73.3238e 35.58 017=n76.5943e 36.33 018~00.2839w 477.90 019rs00.2009w 1317.57 020~-89.1834w 1291.77 021~00.2506w 83.39 022~57.1245w 225.88 023=n57.1300w 17.25 ~ ~ n sarl Suruey Graup.cam e ~3~. EXHIBIT A o>r ~~ ~ ~ AMENDED PARCEL 4 ZONED R-8 Legal Description A parcel of land situated in Sections 21 and 22, Township 4 North, Range 1 West of the Boise Meridian,. Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast corner of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1293.61 feet; thence continuing along South Line of said Section 22, North 89°17'39" West a distance of 1353.62 feet; thence continuing North 89°17'09" West a distance of 2647.16 feet to the comer common to Sections 21, 22, 27 and 28; thence along the south line of said Section 21 North 89°24'46" West a distance of 1307.51 #eet; thence leaving said South line North 00°28'48" East a distance of 822.99 feet along the Westerly line of the of the Southeast Quarter of the Southeast Quarter of said Section 21 to the TRUE POINT OF BEGINNING; thence along the Westerly fine of the Southeast Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of said Section 21, North 00°28'48" East a distance of 1251.33 feet to a point on the South tight- af--way line of the Phyllis Canal; thence along said right-of--way line the following coutse~ , ' and distances: North 79°28'52" East 152.17 feet; thence North 82°25'54" ~ Ea~~ :~6.7 feet; thence North 72°59'51" East 60.85 feet, thence North 64°33'24° Eesf 59 feet; thence North 59°43'08" East 697.38 feet; thence North 65°14'.58" Ea,~t::-31Z~8~ feet; thence North 71°20'49" East 300.98 feet; thence North 74°~3'0~°•..East ~~4`8~ feet; thence North 75°49'14" East 79.69 feet; thence leaving said. igfit-af-+ (Ina ~Sout~- 21°19'02" East 387.17 feet to a point of curve; thence along a curve to Fie right, hav(rtg a radius of 200.00 feet, an arc length of 96.06 feet, throegh d central angli~ of 27°~'I'07", with a chord bearing South 07°33'29" East, a chord dis~arace of 95:1 ~.#t; whence South 06°12'05" West 305.32 feet to anon-tangent point on..~ curve; fihence on a z~rve to.tl right, having a radius of 800.00 feet, an arc length of A~09.59 feet, th>~ough a-%entral angle of 29°20'04", with a chord bearing North 88°41'3"=:iVast a distances of 405,13 feet; thence South 76°38'05" East a distance of 436.14 fee>~ tea ~ point of cun~e; them along a~~rurve to the left, having a radius of 660A0 feet, arrc length of~173.2~ feet, 'central angle of 41 °05'02", with a chord bearing North 82°49'24°East aa=distaince of 43.18 feet`thence North 62°16'53" East 132.83 feet; thence :Nth 00~~T32A~~'East 25.36 feed; thence South 89°30'02" East 777.64 feet; thence I~tirth il0°31~'t~3" East 84.85 feet; thence South 42°14'38" East 18.67 feet; thence South< 0~°26'23~ Vest :8ci' SQ`~feet; thence South 86°31'27" East 189.70 feet; thence Sou~i `.`4~°28'09" East 249 3~~°feet; thence North 00°26'21" East 511.30 feet to a point on the~~uth rl~ht-of-way line of the phyills~~anal; thence along said right-of--way line the folle~ruirig cou[ es and distances: South 87°53'2$°` East 59.38 feet; thence South 85°32'49" 33.3',1, feet;~thenc~ North 89°09'43" East 66.39 feet; thence North 87°34'09" East 120 ~~~ feet, thenere North;,~87°2T41~°: East 133.09 feet; thence North 84°11'37" East 146 70 few; theri~e North 86°32'52" East 52.03 feet; thence North 80°53'24" East 62.63 feet, thefyee Norftt 74'7'07" fast 51.7,5 feet; thence North 70°0749" East 52.35 feet; thence lea~ii~j sair~ right~of-war line, S~auth 13°41''4" West _ 351 E. Watertewer in.. Suite f. t7eridian, 10 63642 - P.206.BB6.7345 f.20B.666.7354 {~ a 1- A der ~ { ~ 1- 1111derson Surusy Group.com ~~ ' Amended parcel 4 v Continued 918.92 feet; thence South 77°25'26" West 371.86 feet to a point; thence along a curve to the right, having a radius of 620.00 feet, an arc of 687.76 feet, through a central angle of 63°33'27", a chord bearing South 19°12'09" West 653.04 feet; thence South 50°58'53" West 52.06 feet; thence along a curve to the left, having a radius of 600.00 feet, an arc length of 226.74 feet, through a central angle of 21 °39'09", with a chord which bears South 40°09' 19" West 225.40 feet; thence South 29° 19'44" West 201.14 feet to a point of curve; thence along a curve to the right, having a radius of 230.00 feet, an arc length of 247.41 feet, through a central angle of 61 °37'59°, with a chord bearing South 60°08'44" West 235.65 feet; thence North 89°02'17" West 113.80 feet to anon-tangent point on a curve; thence along a curve to the left, having a radius of 506.05 feet, an arc length of 1062.57 feet, through a central angle of 120°18'21 ", with a chord bearing North 59° 11'28" West 877.85 feet; thence South 60°39'22" West 480.86 feet; thence along a curve to the right, having a radius of 1177.33 feet, an arc length of 1125.00 feet, through a central angle of 54°44'57", with a chord bearing South 88°01'50" West 1082.69 feet; thence North 64°35'41" West 326.44 feet to a point of curve; thence along a curve tit left, having a radius of 960.00 feet, and arc length of $56.17 feet, through a<t~entr~t a, e of 51 °05'57", with a chord bearing South 89°51'20" West 828.08.,feet; . tiler youth. . 64°18'22" West 188.25 feet to a point of curve; thence along a curv~.~=~engh~,;'fitavi~g a radius of 800.00 feet, an arc length of 358.73 feet, through a ~erttral::;~ngle of ~5°41'33", with a chord bearing South 77°09'08" West 355.74 feet, then~e~ South. $9°59`53" WQSt - 167.11 feet to the POINT OF BEGINNING, said point ~~ag on the Westerly line of`the Southeast Quarter of the Southeast Quarter of said Semen 2t Said parcel containing 162.78 acres, more or less.. End of Description Project No. 05132 ~ - February 2, 2007 REVi .A~ >P VAL• f3Y t~~. MERiDtAN PUBL.rC -- WQRKS DEPT 357 E. Watertawer ln.. Suite F, Meridian, ID 83642 P 9AA RAR 73d5 F ?AR ARR 7~5d - • 'I • Title: ,f ~~~, ~„ ~,,r Date: 02-09-2007 I Scale: finch = 800 feet I File: I Tract 1: 162.782 Acres: 7090772 Sq Feet Closure = n40.3002w 0.01 Feet Precision >1/999999: Perimeter =15985 Feet 001=n00.2848e 1251.33 002=n79.2852e 152.17 003z182.2554e 316.14 004--n72.5951e 60.85 005=n64.3324e 52.49 006-~159.4308e 697.38 007=n65.1458e 318.b9 008=n71.2049e 300.98 009=n74.3303e 164.83 O10=r175.4914e 79.69 011=s21.1902e 387.17 olz: R; R~.00 Delta=n3107 Bng~07.3329a, Cid~95.14 013=s06.1205w 305.32 014: R~800.QO De1rr29.2004 .als3e, f~da405.13 015~76.3805e 436.14 016: Ra660.00 Dr~41.0502 a924e, c~a ws.ls 017=n62.1653e 132.83 018=n00.2732e 275.36 019~89.3002e 777.64 020=r100.3003e 84.85 021=s42.1438e 18.67 022=s00.2623w 80.50 023=s86.3127e 189.70 024~47.2809e 249.31 025~100.2621e 511.30 026=s87.5328e 59.38 027=s85.3249e 33.31 028=n89.0943e 66.39 029=n87.3409e 120.45 030~187.2741e 133.09 031=n84.1137e 146.70 032=n86.3252e 52.03 033=n80.5324e 62.63 034-n74.3707e 51.75 035~t170.0749e 52.35 036~13.4114w 918.92 037= s77.2526w 371.86 038: Rt, R~~.00. Delt~63.3327 Bad-s19.1209w, Ch~633.04 039~50.5853w 52.06 040: Rs600.00 Delta 213909 .o919w, C~hd 223.40 041=s29.1944w 201.14 042: Rd130. Delt~613759 .a4aa, s.6s 043=n89.0217w 113.80 9 I ~~.1821 045=s60.3922w 480.86 046: Ihll?733 DeIt~54.4457 .olsow 0108269 047=n64.3541w 326.44 o4s: lt. R~960.00 Deb~sl:O5s7 Bng~89S120w, C'lt.08 049`s64.1822w 188.25 050: RG R~B00.00 Delfam2s.4133 B~ .0908w;(~d-3ss.7a 051~89.5955w 167.11 r e Anderson Surue Grou .con ~ ~ Y P ,~ EXHIBIT A AMENDED PARCEL 5 ZONED R-2 Legal Description A parcel of land si#uated in Sections 21 and 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89°17'39" West, 1293.61 feet; thence continuing along South Line of said Section 22, North 89°17'39" West a distance of 1353.62 feet; thence continuing North 89°17'09" West a distance of 2647.16 feet to the comer common to Sections 21, 22, 27 and 28; thence along the south line of said Section 21 North 89°24'46" West a distance of 1307.51 feet; thence leaving said South line North 00°28'48" East a distance of 822.99 feet along the Westerly line of the of the Southeast Quarter of the Southeast Quarter of said Section 21; thence along the Westerly line of the Southeast Quarter of the Southeast Quarter -and the Northeast Quarter of the Southeast Quarter of said Section 21, North 00°28'48" East a distance of 1251.33 feet to a point on the South right-of--way line of the Phyllis Canal; thence along said right-of-way line the following courses and distances, North 79°28'52" East, 152.17 feet; thence North 82°25'54" East 316.14 feet; thence North 72°59'51" East 60.85 feet, thence North 64°33'24" East 52.49 feet; thence North 59°43'08" East 697.38 feet; thence North 65°14'58" East 318.69 feet; thence North 71°20'49" East 300.9$. feet} - thence North 74°33'03" East 164.83 feet; thence North 75°49'14" East 79.69if+eet to~t# TRUE POINT OF BEGINNING; thence teaving said right-of--way link, South 21°'19'02" East 387.17 feet to a point of curve; thence along ~ curve to the ri,t; having a cadres ;of, 200.00 feet, an arc length of 96.06 feet, through a central.~'ng#e ,~f 27°3~'~; vvlth a chord bearing South 07°33'29" East a chord distance .s~f a4 fees;- #hencr~'~.Sot~a 06°12'05" West 305.32 feet; to anon-tangent point on a ciirve7 thence On a-ziurve tc~the right, having a radius of 800.00 feet an arc length of 4Q9 59`#~e~ tk~riugh~;~a cent~al`angle~ ~ ~~ of 29°20'04", with a chord bearing North 88°41'53" e-as1~a.distanc:~xof 4Q5,,.13 fed; thenc> South 76°38'05" East a distance of 436.14 feet to a.~oict of curve; thence`at~r~hg;;a cpr~e to the left, having a radius of 660.00 feet, an arc fen~fh of 4~3.25:#eet, a c~fitral angle°of .;, . 41°05'02", with a chord bearing North 82°49'2~~'°.iist a du~tance'of 463-~`$ feet; trace - ..: North 62°16'53" East 132.83 feet; thence North i~27'32'~~East.;~75.36 i`eet; thence~"North 00°28'13" East 536.11 feet to a point on the Soi~h ngh#~f-wi line of.;the Phyllie`Canal, - thence along said right-of--way line the folfing courses aid dista~races, thertCe North $1°24'58" West 187.44 feet; thence Nor~Y~t °09'42.° West 639`°~feet; thence North 80°36'35" West 72.62 feet; thence NortF~' 77°~3'7~' yyesk 148.21 feet; thence North _. 87°27'05" West 114.24 feet; thence Sout#i °52'4"`~e~=1A5.4~ feet; thence South ~ `' 79°19'59" West 95.16 feet; thence South-~°33'Ofi" Weft 113.21'fie~t;;::tl~ence South ; 79°30'23" West 40.23 feet; thence Sou~;''~9°10'52" West 128:36 feet; tharice ~outF;l 80°36'17" West 317.18 feet; thence Sot~h 81 °09'7" Vest 156:99 feet; fence South' 75°49'14" West 11.54 feet to the POINT t~~--~EGINIWG;= Said parcel containing 29.38 acres, more:or-less. End of Description ~`~ ~~ )~VA~. Project No. 05132, February 2, 2007 `FED ~ 2 2~~ ` nnaRmtAi+~~~::++uB y11C3f~KS'1tEP'L 351 f. Watertower ln.. Suite F, Meridion, Ill 83642 v ~nR eaa saes ~ srta aea 7.~~~ ~: i ~ ` • Title: -~~~~iL- j ~ Date: 02-08-200? I Scale: finch = 300 feet (File: Tniet 1: 29.3$2 Acres: 1279887 Sq Feet: Closure = n69.5421 a 0.01 Feet: Precision =1/350587: Perimeter =4606 Feet 001=s21.1902e 387.17 002: Rt, R~200.00 Ddm=273107 $~7J329e, 093.14 003~06.1205w 305.32 004: R~.00. De1~292004 t.4133e, pu~'403.13 005=s76.380Se 436.14 006: R~60. Detta~41.OS02 4924e, CIx1=453.18 007~162.16S3e 132.83 008=n00.2732e 275.36 009=1100.2813e 536.11 010=1181.24S8w 187.44 011=n86.0942w 63.93 012=n80.363Sw 72.62 013=n77.4318w 148.21 014--n$7.2705w 114.24 O1S~8S.S248w 105.44 016=s79.19S9w 95.16 017=s76.3306w 113.21 018~79.3023w 40.23 019=s79.1O52w 128.36 020~80.3617w 317.18 021~81.0947w 156.99 022~75.4914w 11.54 • Anderson Survey ~roup.eom ~ EXHIBIT A AMENDED PARCEL 6 ZONED CN Legal Description A parcel of land situated in the south one Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North $9°17'39" West, 2647.23 feet to the Southeast comer of the Southwest Quarter of said Section 22 and the True Point Of Beginning; thence continuing along said South line, North $9°17'09" West, 1293.10 feet; thence leaving said South line, North 01°59'10" East 343.83 feet to a point of curve; thence along a curve to the right, having a radius of 150.00 feet, an arc of 221.56 feet, a central angle of 84°37'42°, with a chord~that bears North 44°18'01" East 201.96 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 1000.00 feet, an arc of 367.94 feet, a central angle of 21 °04'54", with a chord bearing North 76°04'25" East 365.87 feet; thence along a curve to the right, having a radius of 500.00 feet, an arc of 531.76 feet, a central angle of 60°56'05", with a chord bead`q, Sods 84°00'00" East 507.05 feet; thence along a curve to the left, having a radius of ~`6(~;.E~1 fit, an arc of 107.72 feet, a central angle of 38°34'32", with a chord bearing South .fit°49'13" Ess~ ~t`05.70 feet; thence North 87°53'31" East 107.74 feet; thence along a curve rigfat, havir~ a, radius of. 100.00 feet, an arc of 53.76 feet, a central angle of 30°48'14A,~' with a ctlor~i~ b~arr~g S¢rrkth 76°42'22" East 53.12 feet; thence South 61°18'15" East 72,6 fee#; `thence~_Soutb-28°41'5° fiNest 81.03 feet; thence along a curve to the left, having a radius of 185 DO~feet:,,'an arc distance `~ of 135.76 feet, through a central angle of 42°02'42", with a chord `~ar~g $o~h 07°40'24" West, a chord distance of 132.73 feet to a point, thence South 1 ~°20'S7~ "fit; . 37.04 feet; thence along a curve to the right, 1~uififig a radius ;~f 184.fi~ feet, arf~ arc distance of 49.34 feet, through a central angle of;_.1,5°19'x, witfa a chods bearing~outh 07°14'25" East, a chord distance of 49.23 fee# to a point thert~e South'``°00°30'2`-West, 177.49 feet to the POINT OF BEGINNING;. said poin>< being on the~~outh Irne~ of said Section 22. Said parcel containing 16.11 acres, more of less: _ End description ivy ~ ~~: _ Project No. 05132 ~v . February 8, 2007 ~ p ~ y~pRKS ~pBtj..IG 357 E. Watertower ln.. Suite F. Meridian. 10 83642 P.?RR RRR 7345 f 9RR RRR 7356 .,+ f~ Title: ~,a~ ~ ~ Date: 02-02-2007 Scale: finch = 200 feet File: Tract 1: 16.107 Acres: 701627 Sq Feet: Closure = n07.4143e 0.01 Feet: Precision =1/362225: Perimeter = 3581 Feet 001=n89.1709w 1293.10 °~: R 16°.00 ix>m°3a•3a3z en~l'`~i.asl3a cl~los.~o oll: x tss.oo udm~zazaz .~~, ~,~ ~ 002=n01.5910e 343.$3 007~187.5331e 107.74 , . 012=s13 2057e 37 04 003: R=150.00 Delm~43742 1801q 1.% L t R 10~0 00 008: g~, R=100.00 1k1~30.4814 Ba8y7`6.47220, 093.12 . . 013: R; R 184.63 De1~13.19T3 Bng~07 1425q 049 73 . ~~ , .~ ~ ~~.s~ s~ n 005: Rt76Re500.00 De1~60.5605 009=s61.1815e 72.67 . . 014=s00.3029w 177.49 snsasea.oooos c)ut sm.os 010--s28.4145w 81.03 s- it- ltnderson Survey Group.com ~- EXHIBIT A AMENDED PARCEL 7 ZONED R•15 Legal Description A parcel of land situated in the south one Half of Section 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: Commencing at the Southeast comer of said Section 22, said point being marked by an aluminum cap, thence along the South line of said Section 22, North 89° 17'39" West, 2647.23 feet to the Southeast comer of the Southwest Quarter of said Section 22; thence continuing along said South line, North 89°17`09° West, 1293.10 feet to the True Point Of Beginning; thence leaving said South line, North 01°59'10" East 343.83 feet to a point of curve; thence along a curve to the right, having a radius of 150.00 feet, an arc of 221.56 feet, a central angle of 84°37'42", with a chard that bears North 44° 18'01 a East 201.96 feet to a point of reverse curvature; thence along a curve to~ the left, having a radius of 1000.00 feet, an arc of 367.94 feet, a central angle of. 21 Q04'54", `~ chord bearing North 76°04'25° East 365.87 feet; thence along a curve to the nght~#~aving a radius - of 500.00 feet, an arc of 531.76 feet, a central angle of 60°56'05", with achord- bear~rag South.= 84°00'00" East 507.05 feet; thence along a curare to the left, having.,a radi6s of 160.~`fieet; an a~- of 107.72 feet, a central angle of 38°34'32°, with a chord bearing Soijith 72°49'13".:Est 105:70 feet; thence North 87°53'31 ° East 107.74 feet; thence alarrg a curate right, having a radius of ._: 100.00 feet, an arc of 53.76 feet, a central angle of 39°48'14", wlt~ ~ choir ,bearing South' 76°42'22° East 53.12 feet; thence South 61°18'15" East72.67 feet;: thenc~Nortl`28°41'~5s East 98.12 feet; thence along a curve to the left, having a r~dws~of 506.t}5 feaf;' an arc ~f 1307.53 #oet, a central angle of 148°02'24°, with a chard bearin:~:tr~tt 45°:19'26°.~lest 972:99 feet; thence South 60°39'22° West 480.86 feet; thence alQhg a curvy to the` right, having a radius of 1177.33 feet, an arc length of 1025.09 feet, ~t~r~ugh a central angle a# 49°53'12"; with a chord bearing South 85°35'58° West 993.0#' #~1; thenpe along a curve to the left, having a radius of 2400.00 feet, an arc of 862.40 ~ ~ cent+al angte of 20°35'18", with a chord bearing South 15°58'22" West 857.77 feet;fo a-point Qrfi-the South lime of said Section 22; , thence along said South line ,South 89"1.709" East 9g2.~0 #eet to the,_POINT OF,. BEGINNING. i~vl ~~ etr Said parcel containing 33.24 acres, more of less. - FEQ ~ ~`~~~7 End description Project No. 05132 ~~ Mer~aQa i~auc +lItQRKS I3~EPT. February 2, 2007 357 E. Yotertawer Ln., Suite F, Meridian. 10 83bd2 P.208.888.7345 f.2DB.88B.7354 ~; I • Title: ~( /~ ~,C, (f „ t~ ~ Date: 02-02-2007 ) Scale: linch = 500 feet )File: Tract 1: 33.239 Acres: 1447876 Sq Feet: Closure = n75.0731e 0.01 Feet: Precision >1l999999: Perimeter =6493 Feet 001=~101.5910e 343.83 002: R=130.00 Iklta=843742 B 1801g C~hd201.96 006-~87.5331e 107.74 007: gg~~, Rs100.00 Delta 30.4814 B~76 4222 C1~33 12 011-s60.3922w 480.86 012: R; R=117733 DeFCS=493312 • L R lOW ~, Delm=21.0434 g~~6.04 Chd=363.57 003: Rx R~.00 Ddm20 3605 . q . 008=S61.1815e 72.67 Bn~8S3338w, C~993AI 01 :: Lx R 2400.00 De1ta~20.3318 Bag~sISSB~w. C~Sg7.77 g~gq ooooe, c6a~o7.os OOS It Bollt1.00. 1]eltu~'iR 4ea~ 009=n28.4145e 18.12 ....._ ....~..~ ..., .. _... .._ ~_ _ 014=s89.1709e 992.10 i {~ ~ ~ i- ~ndersan Survey Group.cam ~, EXHIBIT A AMENDED PARCEL 8 ZONED CC Legal Description A parcel of land situated in the south one Half of Sections 21 and 22, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follow: BEGINNING at the Southeast comer of said Section 22, said point being marked by an aluminum cap; thence along the South line of said Section 21 North 89°24'46" West, 869.90 feet leaving said South line, North 03°00'02" East 383.95 feet; thence along a curare to the right, having a radius of 800.00 feet, an arc distance of 228.96 fee# and through a central angle of 16°23'54°, with a chord bearing North 11°11'59" East, a chord distance of 228.18 feet to a point of reverse curvature; thence along a curve to the left; having a radius of 400.00 feet, an arc length 245.40 feet and through a central angle of 35°09'05", with a chord bearing North 01°49'23" East, a chord distance of 241.57 feet to a point; thence North 15°45'09" West 48.47 feet; thence along e~u-ve to ttte feft, having a radius of 800.00 feet, an arc of 26.76 feet, a central angle of 0:1°55'00° , W~th'_ a chord bearing North 65°15'25" East 26.76 feet; thence North 64°18'22" East 1$8,25 feef;`thera_ce alo0g.a. curve to the right, having a radius of 960.00 feet, an arc of 8;17 feet, a c~ntr~l::artgle ,of 51 °05'57", with a chord bearing North 89°51'20° East 828A8 feet; ti~ence SQUth 64°35'41" East 326.44 feet; thence along a curve to the left, having a radius i~f 1177.33.fe~t an,arc`of 99.92 fee, a , central angle of 04°51'45", with a chord bearing South 67°01a34~ East 99:88fieeti.thence along;a` curve to the left, having a radius of 2400A0 feet, ara ark of 86240 feet, a cendt~l°a~gle of 20°35'18°, with a chord bearing South 15°58'2°' Wrist 87.77 .feet to ~ point on-sthe , South line of said Section 22; thence along said,Sauth line~North~89°1709°' West 381.93 feet to the POINT OF BEGINNING. Said parcel containing 30.11 acres, more of less End description Project No. 05132 February 2, 201 var. BY M yNaRKS QEPTIC 357 E. watertower Ln.. Suite F. Meridian. !0 83642 P. 208.888.7345 F.2Q8.888.7354 (, "L+~~° P ff r Title: ~' ~~~~;,,~,(,.,. ~ I Date: 02-02-200? 1 ~ Scale: finch = 400 feet ~ File: ~ Tract 1: 30.110 Acres: 1311573 Sq Feet: Closure = s00.4152w 0.01 Feet Precision =1/860125: Perimeter =4499 Feet 001~89.2446w 869.90 ~006~ Lt, xflsoo.oo elm olssoo oll:I1,,~,~,, x24oo.0o n~lm~o3sla Bna=n67.15zsy ($d 26.76 B~ISS822w, ~as7.r 002 = n03.0002e 383.95 007=n64.1822e 188.25 012=n89.1709w 361 93 g ~, I~i11R.1~ ~C~Itd~ 18~~ ~ . B~RS120e. G~d~ ~.OS37 et.4~, c~t a1s ~ 009-s64.3541e 326.44 005~115.4509w 48.47 010: R=l 1x33, Delffi=04.5145 ,~,,,,,,. ,~,,.~„ i • ~ r ~ndersorl Suruep Group.com ~ EXHIBIT A AMENDED PARCEL 9 ZONED R-15 Legal Description A parcel of land situated in the south one Half of Sections 21 ,Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast comer of said Section 21, said point being marked by an aluminum cap; thence along the South line of said Section 21 North 89°24'46° West, 869.90 feet to the TRUE POINT OF BEGINNING; thence leaving said Sauth line, North 03°00'02" East 383.95 feet; thence along a curve to the right, having a radius of 800.00 feet, an arc distance of 228.96 feet •and through a central angle of 16°23'54°, with a chord bearing North 11°11'59" East, a chord distance of 228.18 feet to a point of reverse curvature; thence along a curve to the left, having a radius of 400.00 feet, an arc length 245.40 feet and through a central angle of 35°09'05°, with a chQrai bearing North 01°49'23" East, a chord distance of 241.57 feet to a point; thence. North,15~49n West 48.47 feet; thence along a curve to the right, having a radius of 800.00 feue~, an arc. of`331.97 feet, a central angle of 23°46'33" , with a chord bearing South 78°06'39°=ist x.60 feet, ast~ce South 89°59'S5A West 167.11 feet to a point on the Westerly 1'me .~f the ~utheast Qttsrter of the Southeast Quarter of said Section 21; thence along said Westerly line South 00°28x46° West 822.99 feet ro a point on the South line of said Section, :21; thence elong safid South tine, .. South 89°24'46" East 437.81 feet to the POINT OF BEGII~tIV]NG: ~ _ Said parcel containing 9.09 acres, more of less End description Project No. 05132 February 2, 2007 YEt/l 'ANAL ~~~ MERIDIAN PUBLIC wORtCS DEPT. 357 E. idotertower ln.. Suite F. Meridian. ID 83642 - P 7fIA AAA 7345 F 7nA AAA 73SA ~' • Title: ~l`;,T~1.,~.L- ej Date: 02-02-2007 Scale: finch = 300 feet File: Tract 1: 9.092 Acres: 396060 Sq Feet: Closure = s48.5041w 0.01 Feet: Precision =1/226895: Ferimeter = 2666 Feet OO1~t03.0002e 383.95 004--n15.4509w 48.47 007~00,2846vv g22,gg ooz: tt~oo.~, neam=ta.2~sa ~~ ~~ 3~ ~asss 008~89.2446e 437.61 s ~.iis c~~za.is s si asp c'~z~ s~~ 006~89.5955w 167.11 • a k Q '~C <<.t ~ ~ 1+.1 •1 R~ V C e ~+J ~i.! d ~+.! a Revised Fxhlbit A2 (new zoning ~P) _.. y ~~! r U, S ~~i. ~ i 4~ A ~ .. _ ~ ti i ~f ~: ~A~~ ~E •,a VJ ~ a ~ I( ~ H M st ~D ~R ~~ ~+ ~~ b Page 1 oa ~ ~ ~ w~p M~~ iw d '~C a: ~. '~ ~~x~ u U c l.V n °a~ ~~ R ~~ ~c°°• ~ ~~ ~~ ~ Aa Q aR ~~ $s ~A g~ ~~ ~ ~~g a • ~ r, _ ~ ~ 'r ~ fi ~ ~ R~ ~ S~ CZ SL^ ffi~. ... ~.., ,a ~ ~ Da~9 s~ a'~ '~ 35 '~~ + ~'~~~y ~ ~ a~~ ~~ ~ ~~ I~~ ~~ ~i ~~ ~ ~~ a~ ~p rJ~i ~ ~~ ~_ I ~ a '~ ~~ ~e t '-• ~f . i ~ ~ ~!! +n ~~ ~r s ~s :,9 e ~ a..~ 9 ~~ 3 9~ 9a ~9 '3~ ~a ~9 ~3 3 x Psgo 2 September 28, 2007 AZ 07-007 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT LandPro Development, Inc. ITEM NO. 5-E REQUEST Development Agreement -Request for Annexation and Zoning of 1.56 acres from RUT to R$ zone for Amar t~ Wapoot - 2400 West Wapoot 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 affached Development Agreement ~,~~~ Phone: X ~~ ~ ~~ `J' Emailed: Materials presented at meetings shall become properly of the City of Meridian. • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~ BOISE IDAHO 10116/07 11:32 AM DEPUTY Bonnie06arbilOg IIIi'~IIIIIII~~II~IfIIi'~~~I'I'II~~I~ RECORDED-REQUEST OF I I 1 1111 11 1 t Meridian Ciiy ! 07141'~~2 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kevin Amaz, Owner THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~ fit' day of~' .. ~~ , t c L. , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Kevin Amaz, whose address is 2400 W. Wapoot, Meridian, ID $3646, hereinafter called OWNER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owner has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner made representations atthe public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (AZ 07-00? AMAR @WAPOOT) PAGE 1 OF 4 • • Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 28`" day of August, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER deem it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and aze incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the cleaz context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT) PAGE 2 OF 9 • 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Kevin Amaz, whose address is 240U W. Wapoot Drive, Meridian, Idaho 83646, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain pazcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the pazcels to be re-zoned R-4 (Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11-2A which aze herein specified as follows: No additional development is planned for this property at this time. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner shall develop the Property in accordance with the following special conditions: 5.1.1 The Applicant shall be responsible for all costs associated with sewer and water service installation including payment assessments. 5.1.2 All future development of the subject property shall comply with the City of Meridian ordinances for the R-4 district in effect at the time of development. 5.1.3 That the east property line be considered a front yazd for setback purposes and the remaining property lines be considered side yards for setback purposes. DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT) PAGE 3 OF 9 ~ i 6. COMPLIANCE PERIODICONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Properly" of this agreement within two yeazs of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Cade § b7-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner consent upon default to the reversal of the zoning designarion of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner and if the Owner fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner, or Owner's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not baz any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT) PAGE 4 OF 9 • i 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's cost, and submit proof of such recording to Owner, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by the City or Owner, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @wAPOOT) PAGE 5 OF 9 ! +~ under Meridian City Code, to insure that installation of the improvements, which the Owner agree to provide, if required by the City. 14. ABIDE BY ALL CITY ORDINANCES: That Owner agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c% City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER: Kevin Amaz 2400 W. Wapoot Meridian, Idaho 83646 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT) PAGE 6 OF 9 • . 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benef ted and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner have fully performed its obligations under this Agreement. 19. l(NVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. Z0.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT) PAGE 7 OF 9 Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk, ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: ~ti~ CLERK By YO de WEERD ~~ l~1oj L `o -Z-o k.7` ~' ~a~i.~ - y q~ ` DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT) PAGE 8 OF 9 CITY OF MERIDIAN STATE OF IDAHO, ) ss County of Ada, ) On this day of ~,~ys r, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Kevin Amaz, known or identified to me the person who signed this agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `j ~/,,~,, :~_ Notary Publi for Idaho s ~ ~,~ '•~~$1.~~,'..~._`' Residing at: , ~ `''-~~fi'°°~'\t°"''~4~~~~\` My Commission Expues: 3- ~3-~ ~ STATE OF IDAHO ) ss County of Ada ) On this day of ___~~('-{-c"~:a-r \ - , 2007, before me, aNotary Public, personally appeazed Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and City 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 yeaz in this certificate first above written. (SEAL) ~ ~ ~•~ ~ Notary Public for Idaho • • Residing at• ~ ~ 1 ~ 1~~~ ~u~ ;~,+~~ ; ° ; Commission expires: /~ ~.-/ , - ~ • O ~~~p•• DEVELOPMENT AGREEMENT (AZ 07-007 AMAR @WAPOOT) PAGE 9 OF 9 l,I • {DAHO SURVEY GROUP Amar Annexation Description 1450 Easc Watertower St s~i~e I50 Meridian, Idaho 83642 Phone {208) &46-8570 Fax (208) 884-5399 Apri14, 2007 A pazcel of land located in the NE 1/4 of the SW 1I4 of Section 26, T.4N., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the Northeast comer of Lot 8, Block 7 of Fulfer Subdivision No. 3, as same is recorded in Book 92 of Plats at Page 10888, records of Ada County, Idaho; Thence along the exterior boundary of said subdivision North 89°09'33" West, 365.90 feet; Thence North 00°37'07" East, 185.90 feet; Thence South 89°09'33" East, 365.90 feet to the Southeast comer of Lot 17, Block 7 of said Fulfer Subdivision No. 3 lying on the West boundazy of Lochsa Falls Subdivision No. 5, as same is recorded in Book 88 of Plats at Page 10134, records of Ada County, Idaho; Thence along said West boundazy South 00°37'07" West, 185.90 feet to the Point ofBeginning. Containing 1.56 acres, more or less. Prepared By: Idaho Survey Group, P.C. p Vi~-~- REV~ 8"~ ~.~ ~ ~pFtKS O PT1C Professional Land Surveyors D. Terry Peugh, PLS • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER s ~m~u _ t~ ~17G~1~1 ~~ w.+ata ,~ In the Matter of Anneacation and Zoning of 1.56 acres from RUT (Ada County) to R-4 (Medium Low Density Residential), for Amer @ Wapoot by Land Pro Development, Inc. Case No(s). AZ-07-007 For the City Council Hearing Date of: August 14, 2007 (Findings on the August 28, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Star Report for the hearing date of August 14, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 14, 2~7, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 14, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 14, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred urn it by the "Local Land Use Planning Act of 1975," c~ified at Chapter 6S, 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. 4. Due consideration has been given to the comment(s) received from the govennnlental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NHS). AZ-07-007 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the provisions of the Development Agreement, all in the attached Staff Report for the hearing date of August 14, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation request as evidenced by having submitted the legal description stamped on April 4, 2007 by D. Terry Peugh and exhibit map, is hereby conditionally approved; 2. The property described in the Annexation & Zoning legal description shall be zoned R- 4 as approved by the City Council; and 3. A Development Agreement is required with approval of the subject annexation & zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of August 14, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of August 14, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-007 -~_J By action of the City Council at its regular meeting held on the 2007. L_J Z8 ~ day of COUNCIL MEMBER DAVID ZAREMBA VOTED ~.•~ COUNCIL MEMBER JOE BORTON VOTED__Z~~~"~'-' COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~7~~ COUNCIL MEMBER KEITH BIRD VOTED_~~~~ TIE BREAKER .`..~ MAYOR TAMMY de WEERD VOTED MAYS T r.;~ WEERD -~ ~~~. ~` . ATTEST: ,. {,^~ WILLIAM G. BERG, JR., CLE 'r ~'~r ''~' '~ .`' ,, t~ ~ ~t ;,,: ~ . ,~ ~;.. ~ ;~ ~~ Copy served upon: ~/~~pplicant / Panning Department /blic Works Department .~ City Attorney BY~ Dated: 8' Z~ ' ~~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CA5E NO(S). AZ-07-00T CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2{~7 STAFF REPORT Hearing Date: 811412007 TO: Mayor & City Council FROIVI: Amanda Hess, Associate City Planner 208-884-5533 SUBJECT: Amar @ Wapoot • A~07-007 cfIYc1F a erir,,~t~ ~~ 4 -aawra .~ till Annexation and Zoning of 1.56 acres from RUT (Ada County) to R-84 (Medium Low Density Residential) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Land Pro Development, Inc., has applied for Annexation and Zoning (AZ) to R-8 {Medium Density Residential) of 1.56 acres of property currently zoned RUT in Ada County. The Applicant requests annexation to hook up to city water and sewer services. The site is located at 2400 W. Wapoot Drive generally north of W. McMillan Road, approximately %: mile west of N. Linder Road. This site is currently improved with asingle-family residential home and accessory outbuildings. This property is within the City's Area of Impact and, Urban Service Planning Area and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject application {AZ) was submitted to the Planning Department for review. Below, Staff has provided a detailed analysis, comments, and r~ommended actions for the requested AZ application. Staff is recommending approval of the Amar @ Wapoot Annexation and Zoning (A7.-07-007} request as presented in the staff report for the hearing date of June 21, 2007, and based on the Findings of Fact Hsted in Exhibit D. The Meridian Planning and Zonine Commission heard this item on July S. 2007 At the public hearine the Commission voted to reco n+end approval a. Sam marv of Commission P ublic Hearing: i. In favor: Kevin Amax (Propg~ty Owner / Anplicanfl ii. In opposition: None iii. Commenting: None iv. Written testimony None v. Staff Ares applic ation• Amanda Hess vi. Other staff comment' an lication• None b. Key -_ Issues of Discussion by Commission: i ~_ c. Kev Commission Chan_aes t o Staff Recommendation: i. None d. Outs tandine Issue(s) for Ci ty Council• i. None • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 i. In favor: Ke 'n mar (Atrolic-antlOwnerl ii. Inonnosition: None iii. Co~mmen_ ting. None iv. ritten test'm n • None v. Staffnresen 'ngctrolication~nna t~an„in~ vi. Other s~ff c~mrnen in$ on a~lie~tion: None ~ Kev Issnes of Discnasioe 6v o nc 1: i. Comnatib'lity of iyrono~ R-8 zone with adia~.t++t nrc~p*-+es ~nned R-4• ii. Future redevelanmen_t of the nronerty g< ev Connc 1 han es to ~ afl'/ omlgission Recd endAtion t. 1 ne west nronertv I ne a it ~ co Qidered a side ya_rcl for a~bask uL~~- ii. a nronertv shal_1 be nnexed wi h an R-4 one 'n Pad of R-8 as ren_upcted by th_e ~~~ 3. PROPOSED MOTION (to be considered after the public bearing) Approval After considering all Staff, Applicant, and public testmony, I move to approve File Number AZ-07- 007, as presented in the staff report for the hearing date of August 14, 2007, with the following modifications: (add any proposed modifications) Den~a1 After considering all Staff, Applicant, aad public testimony, I move to deny File Number AZ-07-007, as presented during the hearing on August 14, 2007: (please state specific reasons for denial of the annexation request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ-07- 007 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/L,ocation: 2400 W. Wapoot Drive (Parcel No. 50426314910) Section 26, Township 4 North, Range 1 West b. Owner: Kevin Amax 2400 W. Wapoot Drive Meridian, ID 83646 c. Applicant's Representative: Shannon Moser Land Pro Development, Inc. 2364 S. Titanium Place Meridian, ID 83642 d. Present Zoning: RLTT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential Amer @ Wapoot - AZ-07-00? Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 f. Description of Applicant's Request: The Applicant is requesting annexation and zoning into the City with an R-8 zone. g. Applicant's 5tatement/Justification: "I, Kevin Amax, owner of 2400 W. Wap~t Dr., would like to annex into the City of Meridian in order to connect to City water and City sewer." (See Applicant's narrative submitted with application.) 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is rewired before the Planning & Zoning Comcnissioa and City Council oa this matter. b. Newspaper notifications published on: June 4, 2007, & June 18, 2007 (Planning & Zoning Commission) July 23, 2007. & August 6 2007 jC~y Council? c. Radius notices mailed to properties within 300 feet on: May 30, 2007 {Planning & Zoning Commission) July 20.2007 (City Council) d. Applicant posted notice on site by: June 25, 2007 (Planning & Zoning Commission) August 4.2007 (City Council) 6. LAND USE a. Existing Land Use(s): There is an existing home and associated outbuildings on the subject site. b. Description of Character of Surrounding Area: The area surrounding the subject property consists of City residential properties within platted subdivisions. c. Adjacent Land Use and Zoning: 1. North: Single-family residential (Fulfer No. 3 Subdivision), zoned R-4 & R-8 2. East: Single-family residential (Lochsa Falls No. 5 Subdivision), zoned R-4 3. South: Single-family residential (Fulfer No. 3 Subdivision), zoned R-4 4. West: Single-family residential (Fulfer Nos. 5 & 7 Subdivisions), zoned R-4 & R-8 d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is stubbed out to the north of the property located west of 2443 W. Ditch Creek Drive Location of water. Site is currently serviced by city water. Issues or concerns: None 2. Vegetation: Existing trees on-site proposed to remain 3. Floodplain: N/A 4. Canals/Ditches Irrigation: All irrigation ditches, laterals, and canals should be tiled. Amer @ Wapoot - AZ-07-007 Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 5. Hazards: N/A 6. Proposed Zoning; R-$ (Medium Density Residential) 7. Size of Property: 1.56 acres f Subdivision Plat Information: The Applicant has not submitted a preliminary plat, or a concept plan for this property, with the subject annexation application. Staff believes that the Applicant does not intend to further develop this property in the near future. g. Landscaping: 1. Width of street buffer(s): The subject property fronts N. Goddard Creek Way, a local street. An existing 20-foot wide landscape buffer with detached sidewalks is already provided on this property along N. Goddard Creek Way. h. Summazy of Proposed Streets and/or Access: As mentioned above, the Applicant is not proposing to developlplat this property at this time. Access to this site is currently provided from two drives; one driveway to N. Goddard Creek Way and one driveway to W. Wapoot Drive. No new access points are proposed or approved with this application. 7. COMMENTS MEETING On May 18, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Pazks Department, Meridian Public Works Department, and the Sanitary Services Company. Only the Meridian Fire Department elected to submit comments on this application, as no development is proposed at this time and the use of the property is not changing. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. "Medium Density Residential" areas are anticipated to contain single family residences at densities from three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian pdans to provide municipal services to the lands proposed to be annexed in the following manner.• - Sanitary sewer and water service will be extended to the project at the applicant's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rura! Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sherifj's OfJ`ice. Once annexed the lands will be serviced by the Meridian Police Department (MPD). Amer @ Wapoot - AZ-07-007 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. - The subject lands are currently serviced by the Meridian Schoo! District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should sufJ`er 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 N, Objective C, Action 1 -Protect existing residential properties from incompatible land u~ development on adjacent parcels. The Applicant is not proposing any new land use for this property. Sta,~j''believes that the existing single family home is compatible with the other residences in this area. • Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zoning designation. The Comprehensive Plan Future Land Use Map designates this property as Medium Density Residential. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this property and the existing land uses of other properties within the vicinity. Sta,Q~', fnds that the proposed R-B zon~tng designation is generally harnsonwus and in accorda>sce wl'th the City's Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a Permitted Use in the R-$ zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: As mentioned above, the subject property is proposed for annexation because the property owner wishes to be hooked up to City water and City sewer. There is no additional development planned for this property at this time. Based on the policies and goals contained in the Comprehensive Plan and the future land use designation of "Medium Density Residential" for this property, Staff believes that the requested annexation and R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings. Amer @ wapoot - AZ-07-007 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2~7 The annexation legal description submitted with the application (stamped on Apri14, 2007, by D. Terry Peugh, PLS} shows the property as contiguous to the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711 A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. If the Commission or Council feels additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required, A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the pro~rty owner{s) (at the time of annexation ordinance adoption). The Applicant shall contact the City Attorney, Bill Navy, at 888-4433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • The Applicant shall be responsible for all costs associated with water and sewer service installation including payment of sewer assessments. t All future development of the subject property shall comply with City of Meridian ordinances for the R-8 district in effect at the time of development. b. Staff Recommendation: Staff recommends approval of the subject AZ application per the comme~ listed in Exhibit B of this staff report. The Meridian Planning and Zoning Commission heard this item on Jute 5 2Q07. At the public hearing the Commi+~iea .-et~ ~ r co end royal. renaested by thn Aaalie 11. EXHIBITS A. Legal Description & Exhibit Map B. Agency Conditions /Comments C. Required Findings from Unified Development Code Amer @ W apoot - AZ-07-(J07 Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 A. Legal Description & Exhibit Map tDAI-i0 SURVEY GROUP Amer Aaawtioa Dsat~ioa t4so b.c. sz swa tso . td~a e3642 Nan. (2eej tua.es>go tyur t~ tttr~s~ Apri14, 2007 A parcel of land located in the NE 1 t4 of the SW 1 /4 of Saxion 26, T.4N., R.I W., B.M.. Ada County. Idaho, mars particularly described as follows: BIECIIVI~IJNG at the Northast corner of Lot 8, Bloc)c 7 of Fulfer Subdivision No. 3, as same is recorded in Book 92 of Plata at Page 10888, records of Ada Gounty, Tdabo; Thence along the exterior botmdary of said subdivision North $9°04'33" West, 3b5.90 feet; Thence North 00'37'07" F.ast,185.90 fact; T)uac~ South 89°09'33" East. 3bS.90 fen to the Southeast comer of Lot 17, Block 7 of said Fulfer Sttbt$ivisian No. 3 lying on the West boundary of Locl~a Falls Subdivision No. S. eo same is tecxlyded in Book 88 of Plats at Page 10134, re~rds of Ada County. Idaho; 'lt~mfco along said West bonadary South 00°37.07" West, 185.90 feet tv the Point ofBegtaruittg. Containing 1.56 arses, oam+eor less. Prepares By: Idaho 5ttrvey Group, A.C. aY t; -. ~ pLt9-dG tV~~ g t7~' D. Terry PeugB. PLS Pt-of~sslo~el Land Sart+tRrars A CITY OF MERIDIAN PLANNING DEPARTMEI~TAFF REPORT FOR THE HEARING DATE OF UST 14, 2007 3 Y W L3 C d d C~ ca U~~ ER DlYI~a+ON 3 15 16 17 S 89'09'33' E 385.90' 89"09'33' W 365.9 ' 1 1t 10 f I~~FER SU6L1~i~/':510N VO. 3 el~ f~ t ~i W - - - - PROPERTY 80UNDARY LINE LOT LINE [~7 L07 NO. to~HO ,~~ ~„,,, Y ~uRVE .,~.~ GROUP, P.C. I Lei LG~-i5A FALLS ~ m SueD~vlsloN nlo. i I O C t ~ p O N ~EAI POINT ~' BEGINNING rU~rEe? SU80sViS10N N0, 2 N JL ~' seALE: AMAR ANNEXATION EXHIBIT (6CAtm N M !t 1/I d' ~CIION ~. t.M.. RM.. •1L. f~01NL llOf OOIMR: OMIO ~°=1oa' 1 ~/syV7' A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2~7 B. Agency Conditions 1 Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (stamped on Apri14, 2007, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ardinance approval, a DA shall be entered into between the City of Meridian and the property owners) (at the time of arurexation ordinance adoption). The Applica~ shall contact the City Attorney, Bill Nary, at 888-4433 within 3 months of Coancil approval to initiate this process. The DA shall include, at minimum, the following: • The Applicant shall be responsible for all costs associated with sewer service installation including payment of sewer assessments. • The Applicant shall comply with all City of Meridian Public Works and Fire Department requirements outlined in the associated staff report for the Amar @ Wapoot annexation. • All future development of the subject property shall comply with City of Meridian ordinances in effect for the R-84 zone at the time of development. • The west nronerty line shall be co~idered a side yard for setback eurooses. 2. PUBLIC WORKS DEPARTMENT 2.1 This property is currently served by city water and sewer. Both services are stubbed out to the property. Coordinate size and routing with Public Works. 2.2 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.3 The Applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, 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 draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The Applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 Meridian Public Works specifications do not allow any large landscaping within afive-foot radius of water meters. The Applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.6 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. 2.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross, or lie within the area taring developed, shall be Bled. Plans will need to be B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 approved by the appropriate irrigationldrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.8 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 filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.10 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. 2.11 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 3. 1VIERIDIAN FIRE DEPARTMENT 3.1 One- and two-family dwellings not exceeding 3,600 square feet will requite afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One- and two-family dwellings greater than 3,6~ square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire hydrant spacing shall be provided as rsequired by Appendix C of the International Fire Code. 3.2 Any roadway greater than 1 SO feet in length that is not provided with an outlet shall be r~aired to have an approved turn azound. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 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. B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2tN17 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a cleaz driving surface. Streets with less than a 29-foot street width shall have no pazking. Streets with less than a 33-foot street section shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.7 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m} from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on site fire hydtnnnts and mains shall be provided where required by the dale official. For buildings equip~d throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 640 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be (>~ feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 fat (1$3 m). 3.9 All R-2 occupancies with 3 or more units shall be required to t~ fire sprinklered. B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 200'1 C, Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full invesdgatian and shall, at the public hearing, review the application. In order to grant an annexadon and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone all of the subject property to R-8. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see "Comprehensive Plan Policies and Goals -Section 8" of the staff report; however, decided that the R-4 zone would be more appropriate for this property. b. The map amendment complies with the regulations outlined for the proposed dish~tct, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The Council finds that future development of this property should comply with the established regulations and purpose statement of the R-84 zone. c. The map amendment shall not be materially detrimental to fire public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff and the Commission recommend the Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of sernlces by any political subdivision providing pubic services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5111-3.E). The Council finds that the annexation and zoning of this property to R-4 would be in the best interest of the City. C • September 28, 2007 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT ITEM NO. S-F REQUEST Sanitary Sewer and Water Main Easement Agreement for Medina Subdivision by William Howell 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: tl~ CITY SEWER DEPT: ~~~ (,'~ G1( CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 9/24/2007 Re: Proposed Agenda Items for 10/2/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 10/2/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Medina Subd by William Howell. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Medina Subd by William Howell and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • • City of Meridian, Public Works Engineering In r fe Office Mem o To: Tara Green ~%l~Y ~~ I~1~~~~i ~itY clerk ®-iri~ew~ From: Karie Glenn CC: Date: 10/17/2007 Re: Original /Recorded Docs for Vault High Desert 107141994 10/16/2007 WATER TMI Investments LLC Marketplace easement SEWER 8~ Howell, Willam and 107141995 10/16/2007 WATER Mary Medina easement High Desert 107141996 10/16/2007 WATER Thomas Motors Inc Marketplace easement 107141997 10/16/2007 WATER LDS Church Ids Church (Eagle Rd) easement From the desk of... Kane A Glenn Dept Specialist Supervisor Public Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho 83642-2600 (208) 898-5500 Fax. (208) 898-9551 • Page 1 • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~ BOISE IDAH010/16107 11:32 AM RECORDED nREQUEST OF II I I I ~I"'~'I' ~~ I II I ~I ~~ I I~ ~~ I I ~ ~~ ~I~ Meridian City i ~~ i X41 ~~~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~~ day of , 20~between William and Mary Howell, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) 'The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW ~~~;~~ • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ss County of Ada ) On this ~ day of .s~e,. , .,~~~. , 20 b7, before me, the undersigned, a Notary Public in and for said State, personally appeared Willliam Howell and Mary Howell ,known or identified to me to be the property owners, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WIT'1~IEREOF, I have hereunto set my hand and affixed my official seal the day and r~t~b~~Rrsr,-itte„_ • '. S ~•'~ • Sanitary Sewer and Water Main Easement ~.a-~-~ NOT Y PUBLIC FOR AHO Residing at: ,' ~'„~ Commission Expires:~,~io EASMT SW MAIN ~ i GRANTEE: CITY OF MERIDIAN ~° ~+ +`„ 144S9if Elif11f7l rr P ~' ~~i Tammy de Weerd, Ma Few ~, Attest by William G. Berg, ity Clerk ~,, ~' ,m° ~~/ ~~'4 °~ia,/+~ oa4ci o a°A~'' Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) on this "l ' "` day of ~%' (^.-~-L G~,~t , 20e ~, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®®®.,® (SEAL) ; ~'e NOTARY PUBLIC FOR IDAHO e S Residing at: ~'1~.~ (~ ,~o~ • : Commission Expires: ~ 0 -/ ~=~ ~ s :~~~ ~ i " • ~ '• `e •• ~• ~s~ers~ Sanitary Sewer and Water Main Easement EASMT SW b • • ~'~ d~.~.ae,'~ t rrr. r.~~~c~ a:nati•r~. tic:. May 4, 2007 Project No. 06066 Legal Description Sanitary Sewer/Waterline Easement MEDINA SUBDIVISION EXAIBIT uAi~ A twenty foot wide permanent easement for the purpose of construction, access and maintenance afsewer and water facilities situated in the Northeast One Quarter of Section.24, Township 3 North, Range 1 Wesi, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Corner of said Section 24 • at the intersection of West Overland Road aid South Meridian Raad (also known as State Highway No. 69), from which a aluminum cap monumenting the East One Quarter earner of said Section 24 bears South 00°3T06" West a distance of 2649.91 feet; { Thence following the easterly Iine of said Section 24 and the centerline of said South Meridian Road, South 00°37'06" West a distance of 91.79 feet to a point; _ Thence North 89°22' S4" West a distance of 50.00 feet to a point on the westerly right-of- way line of said South Meridian Road; Thence fallowing saidright-of way line, South 00°3?'06" West a distance of 305~.6I feet to the POINT OF BEGINNING; Thence continuing fallowing said westerlyright-of--way line, South 00°37'06" West a distance of 20.00 feet; Thence leaving said westerly right-of--way line, South 89°58'53" West a distance of 67.99 feet to a point; Thence South 00°01'07" East a distance of 91.7'7 feet to a point; Thence North 90°00' QO" East a distance of 66.97 feet to a point on said westerly right-af way line; Thence following said westerlyright-of-way line, South 00°37'06" West a distance af20.00 feet to a paint; Thence leaving said right-of--way line, South 90°00'00" West a distance of 69.$8 feet to a point; Thence South 00°00'00" East a distance of 12.98 feet to a point; Thence South 90°00'00" West a distance of 20.00 feet to a paint; Thence North 00°00'00" West a distance of 12.98 feet to a point; ~' ' ~ w~~~~r.rhet~ntlgrou Inc cam ~~ ~~ '~.~ ~~ ittr. t 3~r~ tatnt-t~. rat:. Thence South 90°00'00" West a distance of 397.23 feet to a point; Thence North 00°37'06" East a distance of 30.67 feet to a point; Thence North 90°00'00" East "a distance of 22 i .54 feet to a point; r Thence North QO°OI'07"West a distance of 153.42 feet to a point; Thence North. 90°00'00" West a distance of 25.16 feet to a point; ~ j Thence North 00°Oi'07" West a distance of 27.19 feet to a point;. " Thence North 90°00'00" West a distance. of 65.36" feet to a point; ~ Thence Norih.00°00'00" East a distance of 20.00 feet" to a point;" Thence North. 90°00'00" East a distance of 65.36 feet to a point; Thence North 00°0 i'07" West a distance of 235.63 feet to a point on the ' southerly right-of--"way line of said West Overland Road; } Thence following said southerly right-of-way line, South 89°47'20" East a distance of 20.00 feet; Thence leaving said southerlyright-of way sine, South 00°01'07" East a distance of 35.78 feet to a point; Thence North 89°S8'S3" East a distance of 26.70 feet to a point; Thence South 00°01'47" East a distance of 10.00 feet to a"point; Thence South 89°58'S3" West a distance of 26.70 feet to a point; Thence South 04°01'07" East a distance of 74.74 feet to a point; Thence North 89°58'53" East a distance of 24.63 feet'to a point; - Thence South 00°00'00" East a distance of 26.90 feet to a point; Thence South 90°00'00" West a distance of 24.62 feel to a point; Thence South 00°Ol'OT' East a distance of 88.14 feet to a point; Thence North 90°00'00" East a distance of 203.65 feet to a point; Thence South 00°01'07" East a distance of 99.50 feet to a point; Thence North 89°58'53" East a distance of 68.21 feet to a the AOINT OF BEGINNINCr; EXCEPTING THEREFROM: Commencing at a found brass cap monumenting the Northeast Corner of said Section Z4 at the intersection of West Overland Road and South Meridian Road (also known as State Highway No. 69), from which a aluminum cap monumenting the East One Quarter corner of said Section 24 bears South 00°37'06" West a distance of 264991 feet; Thence following the easterly line of said Section 24 and the centerline of said South Meridian Road, South 00°37'06" West a distance of 91.79 feet to a point; Thence leaving said easterly line and said centerline, North 89°22'54" West a distance of 50.00 feet to a paint on the westerly right-af--way line of said South Meridian Road; Thence fallowing said right-of-vvay line, South 00°37'06" West a distance of 305.61 feet • " ; • 3 ~>,~~nv tlrg nd~rnu~inc c4m ~~ ~ to a point; Thence leaving said westerlyright-of--way line, South 89°58'53" West a { distance of 68.2I~ feet to a point; Thence North 00°0]'07" West.a distance of 99.50 feet to a point; Thence South 44°59'26" West a distance of 28.2$ feet to the POINT OF BEGINNING. .Thence South 00°0]'07" East a distance of ]80.G0 feet to a point; Thence South 90400'00" West a distance of 158.49 feet to a point; Thence North 00°0]'07" West a distance of 173.42 feet to a point;""~ Thence North 90°00'00" West, a distance of 2S. I6 ,feet to a point; Thence Narth.00°0]'07" West a distance of7.19 feet to a point; Thence North 90°00'00" East a distance of 183.GS feet to the - POINT OF BEGINNING. Said easement contains 0.80 Acres more or less, subject to ali existing easements and rights-of--way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: The Land Group, Inc 462 E_ Shore Drive, Suite 100 Eagle, Idaho 83616 208-939-4041 20&9394445 (FAX) r e~ ~~ OF 1,,~g ~ ~. ~~°' . _ - ,. Q ~~~ thclac~d~rou in ccm~ P.~~-- I~ I ®o~~ i I' I ~~ ~~~~~Q ~~ ~ ~~ ~~~~~ ~~ C ,~ ~ h ~~~ ~~~_~ ~~ z ~~ ~. Z A a~ Q r ~~ ~.~~ N ~ •a 's2' ;~ , ,, , ~ ~ .; .~ ~ i N ~ ~ ~ ~ ~" Oj ~t°D Q18 rn ~ a. o ~ 1~ ~a ~~ .gip ~~ OD ~ 2 ~~~~ N S00'37'OS'W .~ ~ ~ ,avxt>: n1,co,1aF.~N~ 3.L0,1 ., ro .~ ~ ~E4,o ~ r ~ `'i ~ a3 i m o, ~j ~ v EL1 ` ~ ~ 3 09'OBl ~ ~ ~ ~ ~ . t ~,~, ~it~ .u !: ~ aco,~aaos - ~ ~, .p 20D 28' ~ ,S00.37'08'~' 481.98'3Q5.fi1 • - - • : ~, ~ W /1(112! ~' 81 s 8. I~RIDIAN RsalD bdsH bB) N ~C zm ~v rZ v DCw~ o-z ~~~~ °°=o °~~y0 Z DDm= OZ~m rr~ m V1 ~ ~~ ~~ ~Q ~A . $, .. a~ ,~d~~ ~~ ~~~~ ENGINEERISURVEYOR PROJECT INFORMATION SCALE: 1` =150' "~ r~''°-""j '~'~ ~~ ~~~, ~ EXNIBfT °B° os~4noo7 "~'' '~ -~ P'~8~ SEWERNVATER ESAEMENT PROJECT NO. ososs ~ ~d ~~"~'' PUBLiC WQRKS DEPARTMENT i `' r i' J rn~,,, aosJ 94B^ 0~ ~ 20BJ 999-1N6 ,, CITY OF MERIDIAN t CJ F ;G ~Af~ ~ _~ • s ~ ~ ^ 4 I7~ ~ ~~ i~~~L~ ~ !(1nL~/~ ~QV~IY ~~ Z O Q .r...w. ~i .r. ~. Q~ .....~ ~~ as ~ 8Z13~ ~ ' ~ ~ OZ13 ~I I~ I I ~~~ ?~ ca ~~ ,~ s g Yq i 4 a !~ ~ O ~ ~' V ~ O/ ~ iil ~ -P ~ W ~ N '~ -+ ~ O R tO P OD P V P ~ P ~T P ~ R W P N R ..s ~ p ~ R ~ p V R d'1 P Vt R .p ~ ~ p ~ A ~ ;~ ONi p w [n o V Cn O 1V o °iw N S; V o A ~ p: ~ g c ~ gg 5 ~ ~ z ~ z o ~i ~ ~ z ~ c~ z " ' z ~ a ~ ~ z o z ° o ~ a €;3 ~a ~ ~ o " ~ €'d ~ z ~ ~ ~ ~ a ~ Q ... ~ ~ O _ ~ _ _ - 4 ~ _ g o Q O ~° r*i ~ ~ ~'''~ v ~ W ~ m ~ ri r~R i*i $ ~ ~' ~ ~ ~ g cn ~ o c _ ~ - ` ~ ~ ~ ~ r~ r+~ eri f r 0~ '~ ~ v N ='z o D WD Q v_Z~o ~~~_~ N~o=CI oZ~a~Z ~~~ZO bAm= zZ,m a~ ~m N ~ o~ ~ ~~ ~ I ENGINEERISURVEYOR PROJECT INFORMATION ~~ rr-..~ axe ~ aROUP, n+ta ~ EXHIBIT °B° a;;~arzoo~ , ' ' ~ ~"`~ : ~ SEUVERNVATER ESAEMEIdT PROJECT N0.06~s ~~ y . ~'°i°B =.-o°~i F`n <. ai ~s-erss ` PUBLIC WORKS gEPARTMEfVT CITY OF MERlD1AN n ~^'~ c G L„/ 1~ ,~ • September 28, 2007 • MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT ITEM NO. 5-G REQUEST Water Main Easement Agreement No. 1 for High Desert Marketplace by Thomas Motors, Inc. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See atFached ~~~~d~ l Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of Meridian. • • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Kane Glenn CC: File Date: 9/24/2007 Re: Proposed Agenda Items for 10/2/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 10/2/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement 1 for Hiph Desert Marketplace by Thomas Motors Inc. Typical Water Main Easement . Recommended Council Action: Approve the Water Main Easement for High Desert Marketplace by Thomas Motors Inc and authorize the Mayor to sign and Clty Clerk to attest 2) Water Main Easement 2 for Hicah Desert Marketplace by TMI Investments LLC. Typical Water Main Easement . Recommended Council Action: Approve the Water Main Easement for High Desert Marketplace by TMI Investments LLC and authorize the Mayor to sign and City Clerk to attest. Notes -Both dots are showing the same easement. Said easement crosses property line. Two separate companies own the separate properties-- Mr Thomas being president of both entfies. • Page 1 • • ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 BOISE IDAH010116/O7 11:32 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII I II III RECORDED-REQUEST OF Meridian City i ~'~ i ~# i ~~~ WATER MAIN EASEMENT THIS INDENTURE, made this f`~ day of 20~between _~looc~ i~aT~/f; ~. the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of-way unto the said Grantee, iYs successors and assigns forever. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that a$er construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement High-Desert- EASMTWTRMAIN • • t,- ,~•` ,`~ti ~~ ~• ~_ __ GRANTEE: CITY OF MERIDIAN ~~ : ~~`~ > } ~~ 5 ~ w ~ a. Tammy de Weerd, May _ ~ ~ - ~~ r ~; f r ~~' `°~T sag, `, ~~ ~~~ ~ ''i. ~~~ , e ,~ '' .`` Attest by William G. Berg, erk ,J`''~~ ~~ ~~~~~~ ` I,4~~i ``' r.lfff44111 Approved By City Council On: ~ ~~ ~ . ~~~ f STATE OF IDAHO, County of Ada ss. On this ~~`~ day of ~ (~i~~~~/~ , 20 ~ ~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®®®e®®®.~~•.® {SEAL) ; / ~ ~.G • • . ~ e + • ®~ `~ Bi • 9 i ~` ~'® i ee! ID ,s Water Main Easement ~~ ~~ l i'~1~wL"I ~ -~_I NOTARY PUBLIC FOR IDAHO Residing at: 1~1,e,~ ~~~~ .~~ Commission Expires: f~ .- /.~= ~ EASMTWTRMAIN High-Desert- ~~~ effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ~~-~ ~ c . ~t~a~ct STATE OF-1~H9 ) County of ~A~- ) On this/.~7'~r day of~~C'~~,y1.3~rL. 20~r ° before me, a undersigned, a Notary Public in and for said State, personally appeared she-~` cj.~z~,~ anal known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~ (SEAL) NOTARY PUBLIC FOR l~I® •~ ~ ~ `"~' Residing at Comic ~S- ~ ~z . Commission Expires: ~ p oa~E ~. MILLED Notary Public -Arizona Maricopa County Expires 10/15/07 Water Main Easement High-Desert- EA5MTVVTRMAIN P ~;_, - -- ~i F - -~ ~; r ~, ~ ~~~ ::~ `~ ~~9~ 187 E. 50th Street ®Garden City, Idaho 83714 (208 385-0636 Fax (208) 385-0696 Project No. 3187 EXH~~~T "A" Date: September 11, 2007 DESCRIPTION OF MERIDIAN WATER LINE EASEMENT FOR HIGH DESERT MARKETPLACE A 20.00 foot wide parcel of land being a portion of Lot 10 and Lot 11 of Block 3, Destination Place Subdivision as on file in Book 93 of Plats at Pages 11190 through 11192 in the Office of the Recorder for Ada County, Idaho, located in the SW'/ of Section 17, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at the Southeast corner of said Lot 10 having commonality with the Northeast corner of said Lot 11, marked by an iron pin; thence along the East line of said Lot 11 South 00°28'21" West 1.34 feet to a point; thence continuing along said East line of Lot 11 South 00°28'21" West 10.00 feet to a paint; thence leaving said East line of Lot 11 at right angles along a line parallel with the North line of said Lot 11 North 89°31'39" West 39.25 feet to a point; thence South 45°28'21" West 30.91 feet to a point; thence along a line parallel with said North line of Lot 11 North 89°31'39 "West 51.02 feet to a point; thence North 44°31'39" West 37.05 feet to a point: thence along a line parallel with said North line of Lot 11 North 89°31'39" West 7.36 feet to a point; thence at right angles North 00°28'21" East 7.00 feet to a point on said North line of Lot 11; thence continuing North 00°28'21" East 20.22 feet to a point; thence at right angles along a line parallel with the South line of said Lot 10 South 89°31'39" East 20.00 feet to a point; thence at right angles South 00°28'21" West 11.58 feet to a point; thence South 44°31'39" East 12.22 feet to a point on said South line of Lot 10 South 44°31'39" East 18.67 feet to a point; thence along a line parallel with said North line of Lot 11 South 89°31'39" East 34.45 feet to a point; thence North 45°28'21" East 18.67 feet to a point on said South line of Lot 10; thence continuing North 45°28'21" East 12.25 feet to a point; thence along a line parallel with said South line of Lot 10 South 89°31'39n East 47.54 feet to a point on said East line of Lot 10; thence along said East line of Lot 10 South 00°28'21" West 8.66 feet to the TRUE POINT OF BEGINNING. Said Parcel Contains 3,466 Square Feet, more or less. 3187-Water-Ease.doc Page of 1 E II "~" WATERLINE EASEMENT EXHIEIT FOR HIGH DESERT MARKETPLACE BEING A PORTION OF LOT 10 AND LOT 11, BLOCK 3, OF DESTINATION PLACE SUBDIVISION SITUATED IN THE SW 1/4, SECTION 17, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO The North Line of Lot II, Block 3 and The South Line of Lot 10 ~ II,N N 00°28'21" E II 12 7.22' ~ N 89°31'39" W ~ 1.50' 17 18 10 13 14 16 I 15 r---- --- ' _ _ _N 89 ° 1'39" N 89°31'39" 1 L ~ .~j ~ ~~/ 43.39' 8 \`'9,, N 89°31'39" W ~ ~' i~ ~ ~v 42.73 ~ ~ ~~~ 4 7 ~--------J 5 The East Line of Lot 10, Block 3 of 3 Destination Place Sub. N' ~I N 0 0 `~ POINT OF BEGINNING I I The Northeast Corner of Lot II and the ~ Southeast Corner of Lot 10, Block 3 of ,--~ Destination Place Sub. NI U NI The East Line of Lot II, Black ° 3 of Destination Place Sub. 0 0 Area in Legal bescription = 3.466 sa. ft. more or less LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH LINE BEARING LENGTH I S00 °28'21"W 8.66' 7 N44 °31'39"W 37.05' 13 S44 °31'39"E 12.22' 2 S00 °28'22"W 1.34' 8 N89 °31'39"W 7.36' 14 S44 °31'39"E 18.67' 3 S00 °28'21"W 10.00' 9 N00 °28'21"E 7.00' 15 S89 °31'39"E 34.45' 4 N89 °31'39"W 39.25' 10 N00 °28'21"E 20.22' 16 N45 °28'21"E 18.67' 5 S45 °28'21"W 30.91' II S89 °31'39"E 20.00' 17 N45 °28'21"E 12.25' 6 N89 °31'39"W 51.02' 12 S00 °28'21"W 11.58' 18 S89 °31'39"E 47.54' ~ = I8?-~/Sl.X.dwa v.•'-E9-Ci i(+?~:Iti September 28, 2007 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT ITEM NO. 5-H REQUEST Water Main Easement Agreement No. 2 for High Desert Marketplace by TMI Investments, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETI`LERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached ' 1 ~~l°~ Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • City of Melridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 9/24/2007 Re. Proposed Agenda Items for 10/2/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 10/2/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement 1 for High Desert Marketplace by Thomas Motors Inc. Typical Water Main Easement . Recommended Council Action: Approve the Water Main Easement for High Desert Marketplace by Thomas Motors Inc and authorize the Mayor to sign and City Clerk to attest 2) Water Main Easement 2 for High Desert Marketplace by TMI Investments LLC. Typical Water Main Easement . Recommended Council Action: Approve the Water Main Easement for High Desert Marketplace by TMI Investments LLC and authorize the Mayor to sign and City Clerk to attest. Notes -Both dots are showing the same easement. Said easement crosses property line. Two separate companies own the separate properties- Mr Thomas being president of both entities. • Page 1 ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT ,00 BOISE IDAH010116107 11:3'1 AM DEPUTY Bonnie Oberbillig II I I I V'I'I'I' II I II I II II I II I I II I II III RECORDED-REQUEST OF Meridian City i ~'~ i ~# 19~+~ WATER MAIN EASEMENT THIS INDENTURE, made this 19 day of _ September , 2007 between TMI Investments LLC, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXIIIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement High-Desert- EASMT WTR MAIN[1] • THE GRANTORS do hereby covenant with the Grantee that they aze lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) County of Ada ) On this 1 mayday of _ ~~,~T" 20 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Thomas and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. ,WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz 4..~ _ NOTARY P C IDAHO Residing at _ c~/~~E-' ~ Z',a Commission Expires: /p--3../-ad/~ Water Main Easement High-Desert- EASMT WTR MAIN[1] • • GRANTEE: CITY OF MERIDIAN _. .~ ~~.. ~ tea'; ~~*~,~~ yy~; ,r, Tammy de eerd, M _ ,~v~`ti~,.~ `' ,Y; :~~~.~ .. i = ~=~ e~ Attest by William G. Berg, City Clerk ':~ `~~~`~`~~~~. q~~ , ~~ ~,,< Approved By City Council On:~} s ~> -aau~t ~a~3a STATE OF IDAHO, ; . ss. County of Ada On this ~~~ day of t ~ ~''~'~ 'L_~ , Zp? before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~, rrr• Water Main Easement • ~~1 ~°Cl ~~ ~®°i`A~1~ . , . ; ~ e s .e • • • • • 1 I ~ NOTARY PUBLIC FOR IDAHO Residing at: ~'~"~ -~ ~ [~~ ~~ . y ~l Commission Expires• ~'[~ - if t EASMT WTR MAIN[1] High-Desert- ~. ~: -~-- _, ~_ ., rf ~; i ~, ~. ~.~ ~. .,~_.; L~~9 187 E. 50th Street ®Garden City, Idaho 83714 (205) 355-0536 (°a~ (208} 385-0595 Project No. 3187 EX~~B~T "/4" Date: September 11, 2007 DESCRIPTION OF MERIDIAN WATER LINE EASEMENT FOR HIGH DESERT MARKETPLACE A 20.00 foot wide parcel of land being a portion of Lot 10 and Lot 11 of Block 3, Destination Place Subdivision as on file in Book 93 of Plats at Pages 11190 through 11192 in the Office of the Recorder for Ada County, Idaho, located in the SW'/ of Section 17, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at the Southeast corner of said Lot 10 having commonality with the Northeast corner of said Lot 11, marked by an iron pin; thence along the East line of said Lot 11 South 00°28'21" West 1.34 feet to a point; thence continuing along said East line of Lot 11 South 00°28'21" West 10.00 feet to a point; thence leaving said East line of Lot 11 at right angles along a line parallel with the North line of said Lot 11 North 89°31'39" West 39.25 feet to a point; thence South 45°28'21" West 30.91 feet to a point; thence along a line parallel with said North line of Lot 11 North 89°31'39 "West 51.02 feet to a point; thence North 44°31'39" West 37.05 feet to a point: thence.along a line parallel with said North line of Lot 11 North 89°31'39" West 7.36 feet to a point; thence at right angles North 00°28'21" East 7.00 feet to a point on said North line of Lot 11; thence continuing North 00°28'21" East 20.22 feet to a point; thence at right angles along a line parallel with the South line of said Lot 10 South 89°31'39" East 20.00 feet to a point; thence at right angles South 00°28'21" West 11.58 feet to a point; thence South 44°31'39" East 12.22 feet to a point on said South line of Lot 10 South 44°31'39° East 18.67 feet to a point; thence along a line parallel with said North line of Lot 11 South 89°31'39" East 34.45 feet to a point; thence North 45°28'21" East 18.67 feet to a point on said South line of Lot 10; thence continuing North 45°28'21" East 12.25 feet to a point; thence along a line parallel with said South line of Lot 10 South 89°31'39n East 47.54 feet to a point on said East line of Lot 10; thence along said East line of Lot 10 South 00°28'21" West 8.66 feet to the TRUE POINT OF BEGINNING. Said Parcel Contains 3,466 Square Feet, more or less. 3187-Water-Ease.doc Page 1 ....a; IT " " ~1ATERLINE EASEMENT E IT FOR HIGH DESERT MARKETPLACE BEING A PORTION OF LOT 10 AND LOT 11, BLOCK 3, OF DESTINATION PLACE SUBDIVISION SITUATED IN THE SW 1/4, SECTION 17, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO The North Line of Lot II, Block 3 and The South Line of Lot 10 I I I , N N 00°28'21" ~ 7.22' _II 12 N 89°31'39" W ~ 1.50' 17 18 10 13 14 16 I _ _ _N 89 ° 1'39" N 89°31'39" ~- Q ~~ ~ i~~ 43.39' ~ ~ 8 ~9 N 89°31'39" W °~' The East Line of Lot 10, Block 3 of 3 bestination Place Sub. N' ~I N 0 0 ~ POINT OF BEGINNING I I The Northeast Corner of Lot II and the W Southeast Corner of Lot 10, Block 3 of Destination Place Sub. 2 _ i ~ ~ ~ ~~ ~v 42.73' ~~ ~~~ 4 NI ~.1 5 7 ~--------~ 5 °NOl The East Line of Lot II, Block ° 3 of Destination Place Sub. 6 ° 0 v7 Area in Leaal Description = 3.4hh sn ft mnro „r ~occ LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH LINE BEARING LENGTH I S00 °28'21"W 8.66' 7 N44 °31'39"W 37.05' 13 S44 °31'39"E 12.22' 2 S00 °28'22"W 1.34' 8 N89 °31'39"W 7.36' 14 S44 °31'39"E 18.67' 3 S00 °28'21"W 10.00' 9 N00 °28'21"E 7.00' 15 S89 °31'39"E 34.45' 4 N89 °31'39"W 39.25' 10 N00 °28'21"E 20.22' 16 N45 °28'21"~ 18.67' 5 S45°28'21"W 30.91' II S89°31'39"E 20.00' 17 N45°28'21"E 12.25' 6 N89 °31'39"W 51.02' 12 S00 °28'21"W 11.58' 18 S89 °31'39"E 47.54' N ~L ~~ 0 20 80 SCALE IN FEET I" = 40' al • • September 28, 2007 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT ITEM NO. 5-~ REQUEST Water Main Easement Agreement for LDS Church (6575 South Eagle Rd) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See a#tached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: , p ~ 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. • • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: Fle Date: 9/24/2007 Re: Proposed Agenda Items for 10/02/07 City Council Meeting ~°it~, ®~ ~1~3' ale ~ ~ar~ The Public Works Department respectfully requests that the following items be placed on the 10/02/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for LDS Church (6575 S Eagle). Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for LDS Church (6575 S Eagle) and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 ADA COUNTY RECORDER J. DAVID BOISE IDAH01011fi/O7 11:3'1 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City ~'lol,'IIIt 1Vlei N FASIIbIIVi' • NAVARRO AMOUNT .00 1Eir1~Fl~~r THIS IlvDENTURE, made this ~ day of , 20~between ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; ~~~, ~~ ,~~ ~, at .lesus Christ of tatter~y seii-~,. a Utah Carporatlat ad9 WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIHTT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent struchrres, trees, brush, or perennial shrubs or flowers within the azea described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement ~~ W.1.R •.~ THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ~ ~ OF~~T//H~~ E : m e ~~mA~F ~Q: ~ i Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah ~rporatior~ le By: It's: A tho ed Agen STATE OF UTAH ) :ss COUNTY OF SALT LAKE ) On this 14th day of September, 2007, personally appeared before me Terry F. Rudd, personally known to me to be an Authorized Agent of Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, who acknowledged before me that he signed the foregoing instrument as Authorized Agent for the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, and that the seal impressed on the within instrument is the seal of said Corporation; and that said instrument is the free and voluntary act of said Corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said Corporation and that said Corporation executed the same. WITNESS my hand and official seal. ~•~~ FLORA D. WRIGHT ,'~~~~ ~ /=~G~'~'~- 'd NOTARY PUBLIC -STATE OF UTAH NO Public ~:.:. °•, ~ ~T ~ ~ ~ 8~~ Res at: Salt Lake Ci Utah ~• ° ~ Camm. .10/10/2009 g ty~ My commission expires: Oct 10, 2009 P~l~~~ i ~ GRANTEE: CITY OF MERIDIAN . , ~ ~ , f ~ ~; ~ ~ ~ ~;; , ; '~..3 ~" 'y `~ ~`fa ~~£ Tammy de Weerd, Mayor ~ ~ ~"~ ~=~~ / e ~~ ~ Attest by William G. Berg, ity Clerk ~ ~ ~ ~~ ' % ~~~~ ~`~- ~~~ ~~"~ ~~ ~ fem. ~ ~` ~` e or Approved By City Council On: ' s %~> ~,`;'t ` STATE OF IDAHO, ; . ss. County of Ada On this `d ~~ day of ~ (~-~ ~'~( , 2~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®~pe.®®® (SEAL} ® ~?° "Cl '~,,~`~~ ~ NOTARY PUBLIC FOR IDAHO e' "~ ® Residing at: ` i'b'1~~ ~ ~ ~ ~ d~ ® e , ' Commission Expires:_ ) C? .-~ .- i i X41, ~a f 6 ~~~ ® Tf 1~ e 6 0® Y66dd ® ®rv ®~®® ~®~ II)~~®"O Water Main Easement EASMT WTR ~8g~ N . . Exhibit A GPs, sovNn.~Y TOPOGRAPHIC AND A.L.T.A. SURVEYS s CONSTRUCTION ST11I{]1VG land Surveying,'I IC• 3D SCANNING 1121 E. Stote Street Suite 185 Eagle, Idoho 83616 office: 1.208-939-7373 fox: 1-208-939-7321 Job No. 2004924 8-29-07 J.B.F. LEGAL DESCRIPTION FOR CITY OF MERIDIAN 20 foot wide water line easement A 20 foot wide water line easement located in the Northeast '~., of the Northeast %, of Section 5, Township 2 North, Range 1 East of the Boise Meridian described as follows: Commencing at the Northeast corner of Section 5, Township 2 North, Range 1 East of the Boise Meridian and running thence South 734.25 feet along the East line of said section; thence West 35.00 feet to a point on the West right-of-way of South Eagle Road (said point being the POINT OF BEGINNING); thence South 28.28 feet along said West line; thence N45°00'58"W 70.22 feet; thence West 297.02 feet; thence South 34.50 feet; thence West 20.00 feed thence North 34.50 feet; thence West 102.19 feet; thence South 225.00 feet; thence East 24.03 feet; thence North 34.50 feet; thence East 24.E feet; thence South 34.50 feats thence Fast 407.49 feet; thence N67°30'00"E 18.78 feet to a point on the West right-of-way of South Eagle Road; thence Sough 21.65 feet along said West line; ffienc~ S67°34'~"W 14.48 feed Wei 475.50 feet; thence North 265.00 feet; thence East 447.49 feet; thence S45°00'S8"E 58.51 feet to the point of beginning. Easement contains 25,839 S>~. .. .. mQ WV EXHIBIT B ~y~ 0 Waterline Easement W~A ~~~ z . m ao UF NZ'~!3 W W O ~" +~ ---~„ M M S i ~ M •8 S8Z p~o~{ a~6o3 _ y}nos .S S lZ - _ _ --- -o----- ----- -- ---- I _~ - _ s ---I- -- - - ice /~ -- - _ _.._ _ _ _ _ _ - - - T - -- I P V / / , f ~ + ,t ~ I z ~ ~ ~h~~ ~~ ~ i ; : ~~ a ~ I ~ ~ ;' i i~ - ,~ h ~~ o Z j i N 3 I I ~ j -i I ~ $ ~j ~ ~I $ 3 2Y~ Ij I ~ p W S I I I 0 d I I I tV j p ~ ~3 z °z z pp ~ I ! Os ~ l I I~ c~ a ~ I I , I i N ~ ~ ~ ~ 8 8 8 S d IW~ g~ I _ . - - -- - - t I i ~ ~ ~ f I ---- - - - -- -- - j i I I I I j j i ~ ~ R • • l I I I '' I I I I I ~ ~ i I - - _ - ~ ~ j s E `. I 1 ~ ~ I a I I I I ~ ~ -- ~l I __ ~ a I I I ~ I ~ I - ~ I- - ~ - _ _ I i w ,_ a I I ,. . - _. __ - - - - -- __ I ~_ ~_.~ ,~ .a i ~.~ - 'P ~ I ~ iii ~ W I ~ I _ ---- II I I I ~ I`I ~ ~ i _. I U J -_ I ~ ~ I ~ , I I= r, ~ U - ~ ( ' I I ' I i i i ~ ~ Q UW ~~~ 13 Sri ~ i ,a ;- i I I . I I i J^ i I I - - - - ` j !,~ ~ L._- O N ~ ~ -- - I I - a °°°~~ -- I ~ ~ I I t I I I '_ 'l ~ i j I z I W I I I N, € I ' a I I I I `, ~ i ~ I ; { - -.._ -- ---- I ~~. I I j I ,. I ^~ j~3 I p I! _ _ -- ~- - ~~ I ~ ~~ I ~~ ~ I j j J I . I I I I I I I ~ I ~ ~.= 1 O ~ 1Wp~- I ~I }_ I I I p I k I j . __ . I . N ~ N °'°~ I -~ I LZ_.._____ ~._-.-__- ~ ~~~ ` I M S I I I I - _ - -~____- -_ _~._ _._~J I W p M M I 1 ~ I I j N I ~_ `: ~ ., I - -__ --- - --- -- - - I z- -~ x - -- -,f - -- _ •~ I P I • September 28, 2007 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT ITEM NO. S-.I REQUEST Approve Agreement for Personnel Services with AspireOn AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~~ ~~ CITY SEWER DEPT: ~~ , CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDRHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shall become properly of the City of Meridian. • AGREEMENT FOR PERSONAL SERVICES TffiS AGREEMENT, made this day of ®E~Q b~ , 2007, 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 ASPIREON doing business as AspireOn, 547 W. Welch Street, Meridian, Idaho 83642, a corporation organized under the laws of the state of Washington. 1. Scope of Services: ASPIREON shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2008, unless earlier terminated or extended. 3. Indemnification and Insurance: ASPIREON 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 caused or incurred by ASPIREON, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. ASPIREON will provide services to the CITY and shall be liable for all acts of their employees while on the premises of the CITY. Additionally, ASPIREON shall maintain Workers Compensation Insurance, in the statutory limits as required by law. ASPIREON shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ASPIREON'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, ASPIlZEON shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. The CITY will further indemnify ASPIREON for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the training received from ASPIREON. 4. Independent Contractor: In all matters pertaining to this agreement, ASPIREON shall be acting as an independent contractor, and neither ASPIREON nor any officer, employee or agent of ASPIREON will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. AspireOn Personnel Services Agreement -page 1 of 5 • • 5. Compensation: ASPIREON shall be compensated for professional services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement ASPIREON may deal exclusively with: Human Resources Director City of Meridian 33 E. Idaho Street Meridian, ID 83642 6. Method of Payment: ASPIREON will receive a flat retainer of $6000 per month for all services within the Scope of Services attached as Exhibit "A" and incorporated herein by reference. ASPREON shall be responsible to provide an accounting of services provided on a monthly basis. ASPIREON will be paid monthly at the beginning of each month. 7. 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 33 E. Idaho Avenue Meridian, Idaho 83642 ASPIREON 547 W. Welch Street Meridian, Idaho 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. AspireOn Personnel Services Agreement -page 2 of 5 i i 10. Assignment: It is expressly agreed and understood by the parties hereto, that ASPIREON 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. 11. Discrimination Prohibited: In performing the Services required herein, ASPIREON shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. 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 ASPIREON' S records with respect to all matters covered by this Agreement. ASPIREON 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. 14. Publication, Reproduction and Use of Material: 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 that are the property of the CITY. ASPIREON does use material prepared and copyrighted for their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to ASPIREON. Those documents may not be reproduced without the express written consent of ASPIREON. Documents that are restricted by this condition must be clearly marked and identified by ASPIREON to claim this exclusion. Said property materials shall remain the property of ASPIREON and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 15. Compliance with Laws: In performing the scope of services required hereunder, ASPIlZEON shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. 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 ASPIREON' S compensation, which are mutually AspireOn Personnel Services Agreement -page 3 of 5 • agreed upon by and between the CITY and ASPIREON, shall be incorporated in written amendments to this Agreement. 17. Termination: For Cause: If, through any cause, ASPIREON, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to ASPIREON. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: 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 ASPIREON on such termination and specifying the effective date thereof at least sixty (60) days before the effective date of such termination. ASPIREON may also terminate this agreement at any time 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 ASPIREON under this Agreement shall, at the option of the CITY, become its property, and ASPIREON shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ASPIREON shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ASPIREON, and the CITY may withhold any payments to ASPIREON for the purposes of set-off until such time as the exact amount of damages due the CITY from ASPIREON is determined. This provision shall survive the termination of this agreement and shall not relieve ASPIREON of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement: This Agreement 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. The parties also understand that ASPIREON has existing Agreements with the CITY that are not incorporated under this Agreement. The CITY may contract with AspireOn Personnel Services Agreement -page 4 of 5 • ASPIREON to perform other functions not included in the Scope of Services of the Agreement. Any such contemporaneous agreements shall also be in writing and substantially similar to this Agreement. 20. 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. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. ASPIREON STORYTELLER CITY OF MERIDIAN ~~ BY: / /~~~ ,s,\~~,_,!'~' ,, d ERD, MAYOR q^~ ~~~ Attest: ~ ~ ~ ~ .~~ ,~~ ` ~-~' '°°s (~ ~~, ~,,•. .~ ~.~ _~~; ~`~ ~ ~~ a ~~ WII.,LIAM G. BERG, JR., TY Ll/RK ~~~ ~~, ~~. ~ ~~ ~, ~~b ~ ;. ~~-,~p9 ~, ,~ ~/ f"l ~~ ~F\ 6m p AspireOn Personnel Services Agreement -page 5 of 5 • • SCOPE OF SERVICES Exhibit "A" The following document identfies consulting services to be pertormed and objectives to be completed reference targeted efforts to assist CIi®nt in ongoing efforts towards achieving City Excellence. This effort is inclusive of defined efforts relative to: 1) Talent/Team Development, 2) talent Acquisition Evacuation, 3) Performance Coaching, and 4) PerformancelAccountabilityr System and Strategic Planning Process Implementation and Execution. t. Project Outcome Focus Areas: 1. Talenttfeam Development a. Coordinate City-wide employee training -Assist in the evaluation and identification of third party training programs to meet City needs and coordinate said program delivery. In regard to third party delivered training programs, ensure consistently and integration with City values, current training efforts, and strategic focus as well as effective targeting of efforts to identified needs. Establish appropriate follow up and mentorship reinforcement, reference third party delivered workshpps, to ensure successful execution/utilization of training program competencies. b. Provide assistance on integrating performance catalyst foundation development series into an orientation program for new directors, managers, and supervisors, c_ Coordinate competency "Refresher" and "Execution° efforts to maintain development workshop momentum and facilitate positive application of workshop competencies in daily efforts. Delivery of refresher or execution of mini (approximately 2 hours) workshops as required. d. As needed, serve as a performance catalyst, providing direct coaching to managers needing assistance in applying workshop competencies. e. Provide ~ support team development/alignment efforts f. Development and implementation of a successionlleadership program 2. Talent Acquisition Evaluation a. Provide consulting on the identification of position requirements for new or vacan# positions. b. Provide candidate evaluation assistance and interview consulting 3. Performance Coaching a. Executive Leadership Coaching as r~uired b. Directed one-on-one pertormance coaching to assist in performance troubleshooting and serve as an execution catalyst c. Management Development d. AspireOn Leadership Analysis Tool Feedback coaching 4. PertormancelAccountabilify System and Strategic Planning Process Implementation and Execution. a. Overall Execution Consulting regarding Integrated Performance Management System-Compensation, Job Grading, and design of overatl program. b. Oversee and drive implementation of Performance Accountabili#ies Definitions d~ . Aspir~~a i. Provide support and review in development of definitions ii. Provide assistancelreinforcement of follow uplreviews on success expectations and key milestones. c. Provide assistance on development, implementation, and support. of perfom~ance evaluation process d. Work with department on continuous process improvement e. Implementation and assistance in overall Strategic Positioning Process f. Strategic Planning Process Execution Consulting i. Assis#ance with strategic mapping of initiatives for consistency in development and execution ii. Facilitation, review, and feedback of strategic focus areas and initiatives. iii. Review, feedback, and input on organizational alignment (i.e. re- alignment/re-shaping) iv. Reviewfinput of position descriptions 11. Engagement Understandings - The City Attomey/HR Manager of City of Meridian, shall be the primary point of contact for Client reference the consulting relationship for these services. to addition, the City Attomey/HR Director 8~ Mayor will provide the appropriate empowerment, ongoing support, and mandate to the organization to allow AspireOn to perform these services. - Bi-Monthly engagements to review project status and coordinate project efforts will be held between the City AttomeylHR Director, Mayor (if available), and applicable AspireOn Consultants. - AspireOn will be given appropriate representation and participation in overall strategic planning meetings as well as access to relevant information to ensure alignment of efforts with overall strategic objectives and initiatives. - AspireOn commits to having consultant resources on site at Client, as required to perform referenced services. It is understood that services under this Agreement Wlll also be performed Offsite. Ilt. Retainer Understanding: A. General Retainer Assumptions: 1. ASpireOn's Regular Fee Structure is as Follows; a. Level A) Executive Coaching Engagements, Team Engagements, Strategic Positioning and Execution Mapping, Results Project Management/Overall Training Coordination, Execution Engagements, Performance Coaching, Execution Catalyst Engagements - $160/hr b. Level B) In#ormation Analysis, Process Review, Program Customization! Development, Candidate Evaluations - $11 Q/hr c. Level C) Administrative support, documentation, travel - $50lhr 2. Retainer is based on estimated time commitments within each of the above three fee areas factored on a 52- week year. The estimate does not represent a fixed service delivery distribution commitment. AspireOn shall 2 ~~ . Asp~rPOn° notify Client upon reaching the miner threshold in a monthly psriod and receive authorization before providing any additional services for that month. Rough time estimates factored into retainer rate are as follows: a. 5; 5 hours per week of Level A ef!`ort, b. ~ hours per week of Level B effort, c. Z hours per week of Level C effort. (Actual s®rvices may vary by levels but wiN not exceed retainer without approval of the client} 3. Retainer wiA be prepaid on a monthly basis and deemed due upon the 1~ of every month. 4. The following AspireOn toois/services are not deemed part of the retainer agreement and as such would be billed on an actual per utilization basis. The utilization of these tools remains at the discretion of the client as directed to the consultant: a. Profiles 8 Leadership Analysis/Packet - $375 per b. Leadership Execution Challenges - $75 per c. Leadership Scans - $400 per d. Cusp Leader Development Plan - $250 e. Environmental Scan - To Be Negotiated f. Process Analysis - i.e. benchmarking, process analysis (building department), etc. g. Additional AspireOn Development Workshops or training (above the ret2~iner) as directed by the City (i.e. project management training, non-supenrisor development prcx~rams, and conflict management/resolution workshops). B. Retain®r Terms: 1. This represents the recommeruded level of services necessary (Estimated time commitmerrts descn'bed above) for successful catalyst and execution efforts to address the project outcome (integrated} focus areas as mutually identified. This retainer rate represents a 10% discount by the consultant from normal rates given Client's commitment to the retainer. 2. Discounted retainer rates: (10°lo dscount ) a. Level AServices - $144/hr b. Level BServices - $99/hr c. Level CServices - $45/hr 3. Monthly Retainer - $6,000/month !d. Expenses Out of pocket expenses directly incurred in association with performing the services as outlined above will be submitted to Cieen# for reimbursement. Every effort will be made to minimJze such expenses in performing these services. Expenses are anticipated to include, but are not limited to: supplies and additional business travel expenses that may be incurred. 3 ~ / . Aspir~~a • September 28, 2007 MERIDIAN CITY COUNCIL MEETING October 2, 2007 VAC 07-011 APPLICANT James Prather ITEM NO 5-K REQUEST Resolution -Request for a Vacation of the 10 foot public utility easement platted on Lots 1 - 12 of Queenland Acres Subdivision for Queenland Acres -southeast comer of South Stoddard Road and West Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: ~; a;,,~' ',. ~ ~ ~,> OTHER: Contacted: ~ Ll~l, _ _ Date: ~ hone _ ,,,~~`t ' y~'~~ Emailed: ;'~~ 1~QM 52{1 Q . e.s,S S gaff Inil+ials: Materials presented at public meetings shall become properly of the City of Meridian. COMMENTS See attached • ADA COUNTY RECORDER J. DAVID~ARRO AMOUNT .00 BOISE IDAH010I1fi107 11:32 AM RECORDED nREOUEST OIF III IIIIIIIIIIIIIIIIIIIII~IIIIII'II III Meridian City 1 ~"~ i ~# 1 ~+~a~ CITY OF MERIDIAN RESOLUTION NO. `~ ~ ~~~r BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE 10 FOOT PUBLIC UTILITY EASEMENT PLATTED ON LOTS 1-12 OF THE QUEENLAND ACRES SUBDIVISION LYING IN THE NW 1/, NE '/ OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 25, 2007 the City Council of the City of Meridian, held a hearing on the vacation of the 10-foot public utility easement platted on Lots 1- 12 of the Queenland Acres Subdivision lying in the NW I/, NE '/ of Section 24, Township 3 North, Range 1 West, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the vacation of the 10-foot public utility easement platted on Lots 1 -12 of the Queenland Acres Subdivision lying in the NW '/, NE '/ of Section 24, Township 3 North, Range 1 West, City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~~~'I day of ~[,'~~~ V~ , 2007. VACATION OF PUBLIC UTILITY EASEMENT QUEENLAND ACRES -VAC 07-011 Page 1 of 2 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this `~-~~~r day of ~~'~`:?~ d~ , 2007. ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) ss County of Ada ) ~~o~` O~ ..,`.`;~~, T MY de WEERD ~~ ~> `b:~ A.s ~ ~ i 'Y ~RK ~ /mss ~~ ~ 14~O~f ° >~ //~~~111i11i1111\\`~\``\ On this ~( ~' day of ~c-~-p ~~~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,...,. (SEAL) ~•_tp~i,O~T ~••, • ~+ • w_„~ ~ ~ ~•. ~``vL~, • ~ ~ `• '~j~ • lv • ~ ~0• ~~/~~ ~n ~-~~~1~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: !'~. ~~~ ~~ :~~ MY COMMISSION EXPIRES: ly ~ l< VACATION OF PUBLIC UTILITY EASEMENT QUEENLAND ACRES -VAC 07-011 Page 2 of 2 a - Rxisting Easements to be vacated :1. i v ~ ~ ~ '$' e ~~ ~ ~ °' ~~ ~~ ~ ~ ~ -~~ a ~ ~ ~ ~ ~ ~ ~ ~~ W Z e~ ~ , i ~ ~~ • r W 3 ~i e a a ~ ~- ~~ • • September 28, 2007 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT ITEM NO. 5-L REQUEST Change Order No. 2 for the Water Division Building Project (Construction - Joslin Millwork, Inc.) for $9,838.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. COMMENTS See attached n „ ny~ l~ ~~~ • • ~ ~,~ ~ i ~.'iti~ ~~' li~e~~aar2 ~it~ Cl~rti ®f-~~e Memo To: Will Berg; Tara Green From; Max Jensen, Engineering Technician CC: Len Grady, P.E., City Engineer Rids Clinton, Water Department Superintendent Date: 9/27/2007 Re: Proposed Agenda Item for October 2, 2007 City Council Meeting The Public Works Department respedfully requests the following item be placed on the October 2, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order No. 2 for the Water Division Building proiect (construction - Joslln Millwork Inc . Additional cabinets and countertops requested by the Water Department. This change order consists of the following work and amounts to 38% of the construction contract: • Provide all labor and materials to install additional cabinets and countertops in the Computer Room and Break Rim. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Water Dlvlslon Building project (construction -Joslln Millwork, Inc.) for $9,838.00 and authorize the Mayor to sign lt. Thank you for your consideration. Please contact me if you have any questions regarding this item. From the desk of... Mau Jensen Frrgineering Technician Meridian Public Works Department 660 E. Waterto~wer, Suite 200 Meridian, Idaho 83642 Phone: {208) 898-5500 Fax: (208)898-9551 Jer~enmQmeridiancity.org • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER ~~ CHANGE ORDER NO. 2 PROJECT NO. 06078 DATE: 09/27/07 EFFECTIVE DATE: CONTRACTOR: Joslin Millwork, Inc. PROJECT: Water Division Building The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: 1) Provide all labor and materials to install additional cabinets and countertops in Computer Roam and Break Room. Reason for Change Order: Construction progress. attachments: Joslin Millwork, Inc. 9/18/07 Quotation CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 25,950.00 Original Contract Times: Completion Net changes form previous Change Orders Net changes form previous Change Orders No._0_ to _1_ No._ to _ (calendar days) $368.00 None Contract Price Prior to this Change Order: Contract Times prior to this Change Order. (calendar days or date) $26,318.00 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (plendar days or date) $9,838.00 Completion by Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $36,156.00 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: {CONTRACTOR) See provided signed Quotation Date: to 2.~ ~G 7 Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date: SEP-18-2007(TUE) 13 06 Josl+ri'1~R'llwork Inc (FRX)208 3a'C7772 P OO1t001 -- U~~~ ~ ~ ~ ~ ~ ~o t"ustom Cabinet & M,llworl: P1~1 (?UK) X43-5550 6167 5uhply w,y Fna (203) 342-7772 lipi~c, iD R3716 Quotation Date 09/t8/07 To: Moridian Water Department 2235 Northwest 8th Street Meridian, Ip 93642 Fax(208)88a-1159 Attention R,ck Clinton Project Id Project Dest. :Cabinets and Countertops Sh'rp Via :Our truck Terms :Net 10 Days of Invoico P.O. Number nla DeNvery Date : nl~ Salosporson ~ Brian Leisten Idaho Contractor License # RCE-3248 Public Works License tt t 1192-8-4(06200- We are pleased to quote the followinfl ,nstailed. Plastic laminate cabinets with melam,ne ,ntenors. Plastic laminate countertops. Clarification: All cabinets and countertops ire constructed with Certified Materials as Holed in Section 12356 2.1. Item No Description 1 Computer Room Upper Cab+nels and Countertops. 2 Upper Cabinet Storage 3 Break Room Mod;fications Oty Urtlt Price TOTi.L Please tuo+e Prices valid br 30 days. All maienal l6 gueran+ood to be as specified. Al, work to Do conspleted ,n a workmanlike manner accoMing to standard pr~Uices. Labor and Matenats are werren+eod for ono yoar 59,838.00 September 28, 2007 MERIDIAN CITY COUNCIL MEETING October 2, 2007 n U APPLICANT ITEM NO. S-M REQUEST Cooperative Construction 8~ Reimbursement Agreement for Norfh Black Cat Trunk Sewer with Primeland Development, LLC, Treehaven, LLC 8~ Brighton Development, Inc. and the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~ ~y'~ MERIDIAN SCHOOL DISTRICT: v~}'~ ~~"'~ ~ ~/ , ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY ` ~~ ~~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: r A ~ '~ ~~'~~" 1 SETTLERS IRRIGATION: IDAHO POWER: t~~ ~ C` ` US WEST: Vr~° 1 1 ~ C INTERMOUNTAIN GAS: y ~. MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT NORTH BLACK CAT TRUNK SEWER -LINE A THIS AGREEMENT made this 2b day of Or.,fdb e r , 2007, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Brighton Development Inc., an Idaho corporation; Treehaven, LLC, and Idaho limited liability company; and Primeland Development Company, L.L.P., an Idaho limited liability partnership (BTP), hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve DEVELOPER's property and future City of Meridian property, shown on Exhibit "A" and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: 1. Preparation of Plans. CITY has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitary sewer system {hereinafter called "Project"}, shown on Exhibit `B," including rights-of--way, grades and elevation, and materials used in the construction and installation of said trunk sanitary sewer lines. DEVELOPER shall not be liable for any damages or delays caused by the CTTY's plans and specifications, drawings, instructions, bid proposal and other contract documents prepared by the CITY. 2. Final Plans. CITY and DEVELOPER shall acknowledge in writing the final plans, and said plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. The final plans and specifications are attached hereto as Exhibit `B" and are made a part of this contract. 3. Construction of the Project. A. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 1 of 13 B. CITY, with the cooperation from the DEVELOPER, shall endeavor to obtain and/or provide engineering, permanent and temporary easements adequate for timely completion of the Project at no cost to DEVELOPER and DEVELOPER will provide all surveying and contract administration with the contractors which shall be considered a cost of the project. C. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality controUquality assurance regarding any and all installed systems and shall be considered a cost of the project. D. CITY shall provide inspection services for the construction of the Poeject in accordance with CITY standards at its cost. 4. Solicitation of Bids. DEVELOPER shall award the construction contract to the lowest qualified bidder, after obtaining approval from the City Council of the successful bidder and bid amount which approval shall not be unreasonably withheld, delayed or conditioned. The bids shall be administered in accordance with state public bidding laws pursuant to the CTTY's purchasing guidelines. 5. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contract(s) shall include, at a minimum, the following provisions: A. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as r~uired by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. B. A requirement that the successful bidder be licensed as a public works contractor. C. A requirement that the const<uction of the Project shall be in accordance with the approval designs, plans, and specifications and be Substantially Complete within twenty-four (24} weeks from the date DEVELOPER issues to the contractor written notice to proceal. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. D. A provision that the time for Substantial Completion will only be extended. by (a) acts of Gad, (b) war, (c) delays caused by CITY, or (d) any request for extension of time approved in writing by CITY. E. A requirement that the contractor shall pay liquidated damages of Five Hundred Dollars and 00/100 ($500.00) per day for each day that Substantial Completion is delayed beyond twenty-four (24) weeks from the date DEVELOPER issues written notice to proceed, or no later than May 1, 2008, or beyond the extended date as allowed herein. F. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) COOPERATIVE CONSTRUCTION AND REIIVIBURSEMEN'r AGREEMENT -Page 2 of 13 per person and per occurrence, and properly damage with a limit of One Million Dollars ($1,000,000.00) per occurrence, naming both DEVELOPER and CITY as co-insureds. G. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract H. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure aU applicable permits and pay all applicable fees. I. A provision providing at least a one (1}year warranty on the operation and materials of the Project from the contractors, which warranty shall be assignable to CITY. J. DEVELOPER shall have the right to rely upon instructions and the authority of the City Engineer. 6. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: A. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld or delayed. B. Any easements required for the Project or the construction thereof shall be deeded to CITY and retarded prior to construction of the Project 7. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct sanitary sewer improvements, as shown on Exhibit `B", at the request of the CITY, it is mutually agreed that the cost of the Project will be reimbursed as set forth herein," subject to actual cost verification by City. DEVELOPER shall fund 100% of the cost of the Project, estimated at 1,717.484.31, as detailed in Paragraph 10 below, with reimbursement from the CITY in accordance with the provisions of this Agreement CITY warrants to DEVELOPER that it has sufficient funds on hand for payment of its share of the costs pursuant to the terms of this Agreement. 8. Change Orders to Construction Contract DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. The project management fee to Primeland Development Company, L.L.P. for any change order may be four (4%) percent of any additional project costs if determined appropriate by the CITY. 9. Completion of the Project. A. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. COOPERATIVE CONSTRUCTION AND REIIyIDUR SEMENT AGREEMENT -Page 3 of 13 Within fifteen (15) days after delivery ofthe certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non-conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non-conforming matters by the contractors. DEVELOPER shall not be liable for any defaults, omissions, or failures of the contractors unless DEVELOPER failed to exercise reasonable care in the performance of its duties. DEVELOPER warrants to the CITY that it will perform its duties pursuant to this agreement with reasonable care. B. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as built drawings for the Project, signed and stamped by a licensed professional engineer, in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. C. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. D. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. 10. Reimbursement to DEVELOPER. A. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER 100% of project costs, with the total reimbursement to the DEVELOPER estimated at $1,717.484.31. The estimated total reimbursement for the North Black Cat Trunk Sewer is as follows: 1. Construction Bid (Brown Construction) $1,578,937.31 2. Project Management (Primeland Development) $ G5,000.00 3. Engineering $ 60,000.00 4. Survey $ 9,300.00 5. Testing and inspection verification $ 4,250.00 Total $1,717,48731 B. Method of Payment. To receive payment, DEVELOPER will provide CITY with a written invoice for each Reimbursement Payment. Upon receipt of such invoice, CITY will pay such invoice within forty-five {45) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement. The invoice from DEVELOPER shall have attached to it all invoices and billings from contractors, engineers, and expenses of contract management verifying the total actual project costs far which DEVELOPER is seeking a Reimbursement Payment. COOPERATNE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 4 of 13 C. Timing of Reimbursement Pavment. CITY shall reimburse DEVELOPER for eighty (80°/®) percent of the CITY's reimbursement amount as set forth in this Agreement, subject to written change orders approved by the CITY as herein set forth, upon substantial completion of the Project. The remaining twenty (20%) percent shall be paid by the CITY no later than forty-five (45) days from the date of final completion and acceptance. "Substantial completion" is defined for the purposes of this Agreement to mean that stage in the process of the work when the work is sufficiently completed in accordance with this Agreement so that the CITY can utilize the work for its intended use. If a dispute arises between the CITY and DEVELOPER with regard to any particular issue or matter, the CITY shall not withhold payment of those amounts not in dispute. 11. Compliance with Laws. A. In constructing and installing the Project on and/or within its properly, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities. It shall be the CTTY's responsibility and sole expense to obtain any and all licenses or permits which maybe required for or in the course of the performance of this Agreement. B. Upon connection to the City of Meridian sanitary sewer system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. 12. Indemnification and Insurance. DEVELOPER shall include in the contracts between DEVELOPER and the contractors the indemnification and inc~rance requirements as set forth in this paragraph. The contractors shall indemnify and save and hold harmless CITY and DEVELOPER from and for any and all Losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incanted by the contractors, their servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees or its DEVELOPER. In addition, the contractors shall maintain, and specifically agrees that it will maintain, throughout the pendency of this Agr~ment, liability insurance in which CITY and DEVELOPER shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY and DEVELOPER, and if CITY and DEVELOPER become liable for an amount in excess of the insurance limits herein provided the contractors shall provide CITY and DEVELOPER with a certificate of insurance or other proof of insurance evidencing the contractor's compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims- Act are changed, CITY shall notify the contractors of such change, and the contractors shall immediately submit proof of compliance with the changed limit. CITY hereby indemnifies and saves and holds harmless DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or properly and losses and expenses caused or incurred by the CITY, its servants, agents, employees, and those parties under COOPERATIVE CONSTRUCTION AND REYMBURSEMENT AGREEMENT -Page 5 of I3 the control or direction of the CITY. The duty to indemnify shall also include the duty to defend DEVELOPER at the CI'IY's cost. 13. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. 14. Remedies upon Default. A. Default by DEVELOPER In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. Any withholding of reimbursement shall only be for the amount in dispute and the CITY shall have no right to withhold funds that are not in dispute between the parties. B. Default by„ CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. C. Notice of Default. If either the DEVELOPER or the CITY claims the other is in default of a provision of this Agreement, they shall give a ten {10) day notice of default to the other party and the other party shall thereafter have ten (10) days to cure the default. 15. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing parley for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. Notices. Any notice desired by the parties andlor required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 200 E. Carlton, Sufte #101 Meridian, Idaho 83642 with copy to: COOPERATIVE CONSTRUCTION AND REIlViBURSEMENT AGREEMENT -Page 6 of 13 City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 All parties constituting DEVELOPER: And: And: cIo Primeland Development Company, L.L.P. Attn: Frank Varriale, President Varriale Construction, Inc., Managing Partner 3120 West Belltower, Suite 100 Meridian, Idaho 83642 c% Derick O'Neill, Managing Member Treehaven, LLC 2242 E. Riverwalk Drive, Suite 200 Boise, Idaho 8370b c/o David Turnbull Brighton Development, Inc. 12601 West Explorer Drive, Suite 200 Boise, Idaho 83713 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. 18. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. i 9. Entire Agreement. This Agreement and the exhibits hereto constitute the fu11 and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 20. Definition of C]'1'Y's Property. The term "CITY's Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 7 of 13 21. Binding Effect. This Agr~ment shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. 22. Reports and Information. At such times aad in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. Such reports shall be at the sole cost of the CITY and not the DEVELOPER. 23. Audits and Inspections. At any time during business hours and as o$en as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER's records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, nnateriats, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. All such audits and examinations shall be at the sole cost of the CITY and not the DEVELOPER 24. 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. 25. Approval Requiral. This Agreement shall not become effective or binding until approved by CITY. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first shave written. DEVELOPER: BRIGHTO DEVELOPMENT, INC. By: Davi Turnbull, President 2(0"~ ac~e~ ~Z.cx~7 Date T`REEHAVEN LLC, By: Derick O'Neill, Managing Member Dated: t ~1~b1 O`7 COOPERATNE CONSTRUCTION AND REIMBURSEMENT AG12;EF.MENT -Page 8 of 13 PRIMELAND DEVELOPMENT COMPANY, L.L.P. By: Varriale Construction, Inc., Managing Partner By: Frank S. Varriale, President CITY: BY: --~~ TAMMY de' RD, MAYOR Attest: G. BERG, JR., 2L~ Oc. ~ zoo7 Date ~v- 26-0 7 Date ~~~~~~ ~ i '~ ~ 'Ri ~~~ A~ - ~~ T '' `w ~~ ,'''///~~~~lll,,,t'`````,t~ COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 9 of 13 STATE OF IDAHO ) ss County of Ada ) On this day of ~ ~-810--~ 2007, before me the undersigned, a Notary Public in anal for said State, personally appeared DAVID TURNBULL, known or identified to me to be the President of the corporation Brighton Development, Inc., that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IlV WITNESS WHEREOF, I have hereunto set my the day and year first above written. ~o,'ticC' ~A:•'~ '~'••,~~ ~, No Publi '•••. • ~, :~ Residing at. :•• ~' U B.L~ ,~ COIIImL4SlOn STATE OF IDAHO ) )~ County of Ada } affixed my official seal On this ~~ day of ~~~W 2007, before me the undersigned, a Notary Public in and for said State, personally appeared DERICK O'NEII.L, known or identified to me to be the Managing Member of the limited 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 limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. KIMBERLY WINKLE Notary Public NO Public For State of Idaho Residing at' Commis310n Expires: COOPERATIVE CONSTRUCTION AND REINIBUR.SEMENT AGP;EEMENT -Page 10 of 13 STATE OF IDAHO ) ss County of Ada ) On this ~`~~ day of ~,(~~ 2007, before me the undersigned, a Notary Public in and for said State, personally app~red FRANK VARRIALE, known or identified to me to be the President of Varriale Conshuction, Inc., the Managing Member of the limited 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 limited liability company executal the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. KIMBERLY WINKLE r Notary Public State of Idaho ply PL1b11C Residing at• Commission I STATE OF IDAHO ) } ss County of Ada ) On this 21D~'' day of ~ , 2007, before me the undersigned, a Notary Public in and for said State, personally appeared. TAlVIlV1Y DE WEERD and WILLIAM G. BERG, 7R, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within inshvmeat and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~•S~~~ii • • •• ~•~`S. ;;~0 T qa-'~~• Notary Public or I o '~'„~, ;,Z~; Residing at• UJC.I~ l 1~ . , t ~ : Commission Expires: I(~-11-1 1 • • `~ i ~ i +~~`. .' ~?~YC_. n••• • `1- ~~~ ~~~ COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT` -Page 11 of 13 EI~~IT ~A" a--"~'~ ~~ COOPERATIVE CONSTRUCTION AND REINIDURSEMENT AGREEMENT -Page 12 of 13 i I i f __ _~.; ._.. _.. L. __ -.L _ _ ~~. ~~ 4 ~ ..~,% ~ =;:. r RUT I I ~ F.XHII3fT ~ _;~._. I ___;~;~,,,.•~ R-8 TREEHAVEN. LLC R-1b C~~` R'V ....`._ _ ;... ~~ i I ~ i ~ i ~ ~ I ,I I~ 1 ~-- ` L iE--- i i .. i j,.•1 i 1 4 -- j - , .--R. ~~~ . f ~ ~ -_. ----_ -.. - .~- - - _... _.. ' T _ --_ .~ , j I I PRIMELAND DEVELOPMENT CO. LLP r I i R-4 i ? ~ I i ; ~ ! . i ~ ~ I t I ~...' _ I I~ ~ ~~ !~ _ _ ~ ~ - ~- - ~ - --~-~.I ~ ~ 1.~ !' I ~ ` .~i' I I ii ~} -- --+-~-i i ~a • 1 y.~~ j ~ - -i ~,. _,~-,,_ .r._-..,.,.., ..., -~-_~_- ~. _-~ I i ;-- -- +~ --i-< ~ •__ ~T ` ! 't R-1b R-S R-1b I ' ~ I I i I -- BRIGHTON DEVELOPMENT INC. :___ . -y .. j _ - ~, ;'1 ~~ ``i ~~~~. R-2 P r` /~ LIJJJ EDIT "B" COOPERATIVE CONSTRUCTION AND REIlUIBURSEMENT AGREEMENT -Page 13 a£ 13 u Tara Green From: Bill Nary Sent: Friday, September 28, 2007 10:57 AM To: Will Berg; Sharon Smith; Tara Green Subject: FW: Davison, Copple, Copple and Cox Attachments: SCAN6102_000.pdf ,,'` ~_, SCAN6102_0 OO.pdf (1 MB) Can we add this to the agenda for Tuesday. I have asked for a clean copy and signatures, but I wanted to get it listed. Bill Nary City Attorney/HR Director City of Meridian 703 Main Street Meridian, ID 83642 208.898.5506 or 208.898-5503 (office) 208.884.8723 (fax) -----Original Message----- From: tccopple@davisoncopple.com [mailto:tccopple@davisoncopple.com] Sent: Friday, September 28, 2007 4:32 AM To: Bill Nary; Ted Baird; ghvcfrank@gwest.net Subject: Davison, Copple, Copple and Cox • • Davison, Copple, Copple ~ Cox, LLP Attorneys at Law Direct Contact: 199 North Capitol Boulevard, #600 Post Office Box 1583 Terry C. Copple Boise, Idaho 83701 Direct: (208) 342-3766 E-Mail: tccopple@davisoncopple.com http://www.davisoncopple.com September 28, 2007 SENT VIA E-MAIL nar~Ca~meridianci .org bairdt(a anerdiancity. org William L.M. Nary, City Attorney Theodore ~]V. Baird, Deputy City Attorney City of Meridian 703 North Main Street Meridian, Idaho 83642 Telephone: (208) 342-3658 Facsimile: (208) 386-9428 Re: Cooperative Construction and Reimbursement Agreement Dear Bill and Ted: Enclosed herewith please find a revised redlined copy of the Cooperative Construction and Reimbursement Agreement along with the original version for signature by the parties. If you have any questions concerning the enclosed, please do not hesitate to contact this office. TCC/tap Enclosures cc: Frank Varriale via a-mail Very truly yours, DAVISON, COPPLE, COPPLE & COX, LLP ~~ By: / Terry C. Co , of the firm • COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT NORTH BLACK CAT TRUNK SEWER -LINE A THIS AGREEMENT made this day of , 2007, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Brighton Development Inc., an Idaho corporation; Treehaven, LLC, and Idaho limited liability company; and Primeland Development Group, LLC, an Idaho limited. liability company (BTP), hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve DEVELOPER'S property and future City of Meridian property, shown on Exhibit "A" and Exhibit "C," and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: 1. Preparation of Plans. CITY has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitary sewer system (hereinafter called "Project"), shown on Exhibit "B," including rights-of--way, grades and elevation, and materials used in the construction and installation of said trunk sanitary sewer lines. DEVELOPER shall not be liable for any damages or delays caused by the CITY'S plans and specifications, drawings, instructions, bid proposal and other contract documents prepared by the CITY. 2. Final Plans. CITY and DEVELOPER shall acknowledge in writing the final plans, and said plans shall not thereafter be modified in any material way unless such modifications are approved. in writing signed by CITY and DEVELOPER The final plans and specifications are attached hereto as Exhibit "D" and are made a part of this contract. 3. Construction of the Project. A. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 1 of 14 B. CITY, with the cooperation from the DEVELOPER, shall endeavor to obtain andlor provide engineering, permanent and temporary easements adequate for timely completion of the Project at no cost to DEVELOPER and DEVELOPER will provide all surveying and contract administration with the contractors which shall be considered a cast of the project. C. DEVELOPER shall undertake andJor provide all testing, sampling and other normally conducted measures for quality contraUquality assurance regazding any and all installed systems and shall be considered a cost of the project. D. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards at its cost. 4. Solicitation of Bids. DEVELOPER shall awazd the construction contract to the lowest qualified bidder, after obtaining approval from the City Council of the successful bidder and bid amount which approval shall not be unreasonably withheld, delayed or conditioned. The bids shall be administered in accordance with state public bidding laws pursuant to the CITY's purchasing guidelines. 5. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contract(s) shall include, at a minimum, the following provisions: A. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. B. A requirement that the successful bidder be licensed as a public works contractor. C. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within ~~ weeks from the date DEVELOPER issues to the contractor written notice to proceed. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. D. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, or (d) any request for extension of time approved in writing by CITY. E. A requirement that the contractor shall pay liquidated damages of ($ )per day for each day that Substantial Completion is delayed beyond (___) weeks from the date DEVELOPER issues written notice to proceed, or no later than , 2007, or beyond the extended date as allowed herein. F. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollazs ($1,000,000.00) COOPERATNE CONSTRUCTION AND REIlvIBURSEMENT AGREEMENT -Page 2 of 14 • per person and per occurrence, and property damage with a limit of One Million Dollazs ($1,000,000.00) per occurrence, naming both DEVELOPER and CITY as co-insureds. G. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. H. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. I. A provision providing at least a one (1) year warranty on the operation and materials of the Project from the contractors, which warranty shall be assignable to CITY. J. DEVELOPER shall have the right to rely upon instructions and the authority of the City Engineer. 6. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: A. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld or delayed. B. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. 7. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct sanitary sewer improvements, as shown on Exhibit "B", at the request of the CITY, it is mutually agreed that the cost of the Project will be reimbursed as depicted in Exhibit "C," subject to actual cost verification by City. DEVELOPER shall fund 100% ofthe cost of the Project, estimated at $1,500,000.00, with reimbursement from the CITY in accordance with the provisions of this Agreement. CITY warrants to DEVELOPER that it has sufficient funds on hand for payment of its share of the costs pursuant to the terms of this Agreement. 8. Change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. 9. Completion of the Project. A. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 3 of 14 benon-conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non-conforming matters by the contractors. DEVELOPER shall not be liable for any defaults, omissions, or failures of the contractors unless DEVELOPER failed to exercise reasonable care in the performance of its duties. DEVELOPER warrants to the CITY that it will perform its duties pursuant to this agreement with reasonable care. B. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as built drawings for the Project, signed and stamped by a licensed professional engineer, in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. C. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. D. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. 10. Reimbursement to DEVELOPER. A. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER 100% of project costs, with the total reimbursement to the DEVELOPER estimated at $ B. Method of Payment. To receive payment, DEVELOPER will provide CITY with a written invoice for each Reimbursement Payment. Upon receipt of such invoice, CITY will pay such invoice within forty-five (45) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement. C. Timing_of Reimbursement Payment. CITY shall reimburse DEVELOPER for eighty (80%) percent of the CITY's reimbursement amount as set forth in this Agreement, subject to written change orders approved by the CITY as herein set forth, upon substantial completion of the Project. The remaining twenty (20%) percent shall be paid by the CITY no later than forty-five (45) days from the date of final completion and acceptance. "Substantial completion" is defined for the purposes of this Agreement to mean that stage in the process of the work when the work is sufficiently completed in accordance with this Agreement so that the CITY can utilize the work for its intended use. If a dispute arises between the CITY and DEVELOPER with regard to any particular issue or matter, the CITY shall not withhold payment of those amounts not in dispute. 11. Compliance with Laws. A. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities. It shall be the CITY's responsibility COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 4 of 14 • and sole expense to obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. B. Upon connection to the City of Meridian sanitary sewer system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. 12. Indemnification and Insurance. DEVELOPER shall include in the contracts between DEVELOPER and the contractors the indemnification and insurance requirements as set forth in this paragraph. The contractors shall indemnify and save and hold harmless CITY and DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by the contractors, their servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees or its DEVELOPER. In addition, the contractors shall maintain, and specifically agrees that it will maintain, throughout the pendency of this Agreement, liability insurance in which CITY and DEVELOPER shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY and DEVELOPER, and if CITY and DEVELOPER become liable for an amount in excess of the insurance limits herein provided the contractors shall provide CITY and DEVELOPER with a certificate of insurance or other proof of insurance evidencing the contractor's compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify the contractors of such change, and the contractors shall immediately submit proof of compliance with the changed limit. CITY hereby indemnifies and saves and holds harmless DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by the CITY, its servants, agents, employees, and those parties under the control or direction of the CITY. The duty to indemnify shall also include the duty to defend DEVELOPER at the CITY's cost. 13. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. 14. Remedies upon Default. A. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. Any withholding of reimbursement shall only be for the amount in dispute and the CITY shall have no right to withhold funds that are not in dispute between the parties. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 5 of 14 • B. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. C. Notice of Default. If either the DEVELOPER or the CITY claims the other is in default of a provision of this Agreement, they shall give a ten (10) day notice of default to the other party and the other party shall thereafter have ten (10) days to cure the default. I5. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same maybe included in such judgment or award. This provision shall be deemed to be a sepazate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 200 E. Carlton, Suite #101 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 All parties constituting DEVELOPER: c/o Primeland Investment Group, LLC Attn: Frank Varriale, Manager 3120 West Belltower, Suite 100 Meridian, Idaho 83642 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 6 of 14 • 17. Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. 18. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. 19. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 20. Definition of C]:TY's Property. The term "CITY'S Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto. 21. Bindin Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. 22. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. Such reports shall be at the sole cost of the CITY and not the DEVELOPER. 23. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER'S records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy 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. All such audits and examinations shall be at the sole cost of the CITY and not the DEVELOPER. 24. 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. 25. Approval Required. This Agreement shall not become effective or binding until approved by CITY. ]N WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 7 of 14 DEVELOPER: BRIGHTON DEVELOPMENT, INC. Name (printed) Signature TREEHAVEN,LLC Name (printed} Signature PRIMELAND IIWESTMENT GROUP, LLC Name (printed) Signature CITY: BY: TAMMY de WEERD, MAYOR L J Title Date Title Date Title Date Date Attest: WILLIAM G. BERG, JR., CITY CLERK COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page $ of 14 • STATE OF IDAHO ) ss County of Ada ) On this day of 2007, before me the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires:_ STATE OF IDAHO ) ss County of Ada ) On this day of 2007, before me the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of the limited 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 limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Conunission Expires:_ STATE OF IDAHO ) ss County of Ada ) On this day of 2007, before me the undersigned, a Notary Public in and for said State, personally appeared FRANK VARRIALE, known or identified to me to be the Manager of the limited liability company that executed COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 4 of 14 • • the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires:_ STATE OF IDAHO ) ss County of Ada ) On this day of , 2007, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires:_ COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 10 of 14 • EXHIBIT "A" COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 11 of 14 • EXHIBIT "B" COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 12 of 14 • EXHIBIT "C" COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 13 of 14 EXHIBIT "D" COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 14 of 14 C~ C~ September 28, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT IT Department ITEM NO. 6-A-1 REQUEST Update on IT Department 200b Audit AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~r~~'ry1 ~ ~ Q CITY SEWER DEPT: `~~t 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. IT Audit Status Uadate October 2007 IT Recommendations City Recommendation Completed Items • The IT Manager needs to delegate, be proactive and outward facing. • The IT Manager should setup an effective MIS committee. • Timesheets and recording of IT stafftime to issues and projects • A service level agreement is needed to be put in place and performance measured • Introduce a technical questionnaire and program/technical test. A structured technical questionnaire is designed to determine whether the applicant knows their subject and combined with a practical helps in weeding out good talkers. • Put annual backups in place • Progress reporting on issues and projects • Review the training requirements of IT staff • Budget for contract staff for peripheral and advisory activities • Upgrade help desk software • Budget for temporary staff for the first quarter • Put the management committee in place (it may also be the MIS committee) • This committee should direct and sign off application purchase decisions. • Review physical security and put protection in place • Retention policy set for each data type and the backups changed to cover the requirements • A central repository of licenses is needed Issues Actively In Process • It is recommended that the IT Manager spend more time in outward facing activities. The IT Manager should attend Department Director meetings and strive to educate department leaders on technology. In addition a monthly visit to each department to discuss with the Director IT performance, future plans and current sources of pain. • Planning of IT staff time • Define a process for projects • Introduce a standards manual • Clarify and communicate the City IT strategy • Task this committee with the details of the strategy and a plan to get there. • Confirm the strategic direction for applications within the City. • Include futuristic technology in the strategic direction. • The City needs to do a competitive analysis of IT pay in the Boise area. Based on my experience of IT pay scales the City will need to increase wages if it wants to recruit and retain qualified staff. Bear in mind that there are very large technology firms in this area who are growing. The City competes for qualified IT staff not only against other governments, but private enterprise since the skills are equally transferable. • City managers should be involved in prioritization of projects. • Define the software selection process Items with unlrnown completion dates • Central control and coordination of any development staff and resources via IT • Develop a disaster recovery plan for each department • Elevate IT to department level Accountable Deaartment/Area IT Department • Planning of IT staff time • Define a process for projects • Introduce a standards manual • Monthly visit to each department to discuss with the Director IT performance, future plans and current sources of pain. 1VIIS Committee • Clarify and communicate the City IT strategy • Task this committee with the details of the strategy and a plan to get there. • Confirm the strategic direction for applications within the City. • Include futuristic technology in the strategic direction. • City managers should be involved in prioritization of projects. • Define the software selection process 1VIayors/HR • The City needs to do a competitive analysis of IT pay in the Boise area. Based on my experience of IT pay scales the City will need to increase wages if it wants to recruit and retain qualified staff. Bear in mind that there are very large technology firms in this area who are growing. The City competes for qualified IT staff not only against other governments, but private enterprise since the skills are equally transferable. As an example, in September 2006, there were at least 50 programming positions open in the Boise area. • Elevate IT to department level • It is recommended that the IT Manager spend more time in outward facing activities. The IT Manager should attend Department Director meetings and strive to educate department leaders on technology. City • Central control and coordination of any development staff and resources via IT • Develop a disaster recovery plan for each deparment • • September 28, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT Planning Department ITEM NO. 6-8-1 REQUEST Discussion of Planning Technician Position 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: ~~~ ~s~'fli~t~ CITY PARKS DEPT: j'~ ~"~'~-~ ~' ~ ~~ ~ 1 MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: ~~~~ C ~ ~-~{~ 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 meeflngs shall become property of the City of Meridian. • September 28, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT Fire Department REQUEST Fire Prevention Proclamation Department Reports October 2, 2007 ITEM NO. 6C AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E IDIAN.- • ~~~~~~~~ the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our city; and D fire is a serious public safety concern both nationally and locally, and homes are the locations where people are at greatest risk from fire; and D Meridian's first responders are dedicated to reduce the occurrence of home fires and home fire injuries through prevention education; and ~~ ~ D Meridian's resident's are responsive to public education measures and are able to take personal steps to increase their safety from fire; and ~D the 2007 Fire Prevention Month theme, Effectively serves to remind us all of the simple actions we can take to stay safer from fire. `~~~®~ I, Tammy de Weerd, Mayor of the City of Meridian do hereby proclaim October, 2007 as Fire Prevention Month throughout this city. I urge all people of Meridian to heed the important safety message of Practicing Your Fire Escape Plan in support of public safety. Dated this Z"a day of October, 2007. Tammy de Weerd, Mayor Joe Borton, Council President Keith Bird, City Council Charlie Rountree, City Council David Zaremba, City Council September 28, 2007 FP 07-026 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT Treehaven, LLC ITEM NO. 8 REQUEST Tabled from September 25, 2007 -Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 -- 4042 West Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Previous Item Packet j minutes OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. u September 28, 2007 Date: MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT Dyver Development, LLC ITEM NO. 9 REQUEST Final Plat approval for 50 single-family building lots and 14 common lots on 10.10 acres in an R-4 zone for Baraya Subdivision No. 1 -east of Black Cat Road on Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: • FP 07-030 COMMENTS See attached Staff Comments See altached Comments No Comment Phone: Staff Initials: Materials presented at public meetings shall become properly of the CHy of Meridian. • • September 28, 2007 FP 07-031 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT Dyver Development, LLC ITEM NO. ~ O REQUEST Final Plat approval for 50 single-family building lots and 2 common lots on 10.55 acres in an R-4 zone for Baraya Subdivision No. 2 -east of Black Cat Road on Franklin Road 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 Staff Comments See attached Comments No Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • September 28, 2007 FP 07-032 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT Canterbury Commons, LLC ITEM NO. 11 REQUEST Final Plat approval for 192 multi-family units on 48 building lots and 1 common on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision -south of W. Pine and east of N. Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Request to Table Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. September 28, 2007 VAR 07-01 b MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT T-Mobile ITEM No. 12 REQUEST Continued Public Hearing from Sept 11, 2007 - Request for VAR to UDC 11-4-3-43.1.2 that requires communication towers be set back from publicly owned right of way a min of 2 times height of tower to be installed, to allow a 50ft setback instead of 100ft as required for T-Mobile AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See previous Item Packet /Minutes See attached Comments See attached Comments OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 28, 2007 AZ 07-006 MERIDIAN CITY COUNCIL MEETING October 2, 2007 APPLICANT Stanley Consultants ITEM NO. 13 REQUEST Continued Public Hearing from September 18, 2007 -Request for Annexation and Zoning of 94.69 acres from RUT to C-G zones for Pinebridge -- south of E. Fairview Ave, east of N. Locust Grove & west of N. Eagle Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet J AAinutes CITY ENGINEER: CITY PLANNING DIRECTOR: Request for Continuance 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 Meridicn. ADA COUNTY RECORDER J. DAVID h~, RO AMOUNT .00 BOISE IDAH010t1fit07 11:~ AM RECORDED nREQUEST OIF ~~~ ~~~~~~~I~~~~~~~~~I~~~~~~~~~~~ ~~ ~~I Meridian City i Ids i ~ 1 ~~~ 1 CITY OF MERIDIAN ORDINANCE NO. ~ ~®-- f ?j y I BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 06-007 AMAR @ WAPOOT) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NE 1/ OF THE SW 1/ OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERA'IINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Kevin Amax. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-07-007 AMAR @ WAPOOT Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/Z) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~~ day of ~ ('=-~~~'L.. , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ ~` day of ~ C.-E-~ ~'~ E~ , 2007. ./° TAMMY WEERD, MAYOR ANNEXATION OF AZ-07-007 AMAR @ WAPOOT Page 2 of 3 ATTEST: WILLIAM G. BERG, JR STATE OF IDAHO, ) ss. County of Ada ) ,,,~ ;,,, .,.~` ~: i~ ' ~_ e ~ ~ - ~~`~ ~ - ~-, ..~ ~~~ ~ F ~ ~~ ~`' < :~~ ~ CITY C~ ~ r~ `°~ ~~ ,a ; ~ ~-~ . ~ ~' .~ ,e ,'~J'/Jliiill BI 111199i~LA~, On this ~~`~ day of ~("~~~y(' , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official f NOTARY PUBLIC FOR IDAHO RESIDING AT: /~' Z~ 1~~~ -~~' MY COMMISSION EXPIRES: c~-- ~' =/~ ANNEXATION OF A~07-007 AMAR @ WAPOOT Page 3 of 3 ~` ~ DA M O 1450 East Watertower St. Suite 150 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208) 884-5399 Apri14, 2007 Amar Annexation Description A parcel of land located in the NE 1/4 of the SW 1/4 of Section 26, T.4N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: BEGINI~IING at the Northeast corner of Lot 8, Block 7 of Fulfer Subdivision No. 3, as same is recorded'in Book 92 of Plats at Page 10888, records of Ada County, Idaho; Thence along the exterior boundary of said subdivision North 89°09'33" West, 365.90 feet; Thence North 00°37'07" East, 185.90 feet; Thence South 89°09'33" East, 365.90 feet to the Southeast comer of Lot 17, Block 7 of said Fulfer Subdivision No. 3 lying on the West boundary of Lochsa Falls Subdivision No. 5, as same is recorded in Book 88 of Plats at Page 10134, records of Ada County, Idaho; Thence along said West boundary South 00°37'07" West, 185.90 feet to the Point of Beginning. Containing I.56 acres, more or less. Prepared By: Idaho Survey Group, P.C. p VJ~+I- ~gVi S'~ s ~; ~- ~~~ M ~~RKS OE t C Profession®1 L®red Surmeyors D. Terry Peugh, PLS !I 1 -4 Q '64s~ ~ ~ ~_a`~~ ~§7J W ~'I e5 ~" ° 0~ O~ 3 U ~ 1~ I~~ d 8 ~ d~~ ~'e' (/~ 7 2 ~ a v o{° ~ ~ it ~, a ~ ~ 3bg ~^.~ vI ~~~ W ~ ~ h~ ~ ~ ~oE~ D ~ o x a x '3.°~~ ~ •P°O~t6g~G 0 00•Ccl•o e ° I ~ C.7 ~~§~4 8d ~ ~ 1 ~- ~~°°-v8B N ~ I ~~ ~Zs ~ `t J '~ 'Q .r tY ; `~ ~~a~ ~=E ~ ~ ~ a ~ L !, Oa Q ~ ~ s 8 a~ S -r ~O E y g $~~ 4_{ E ~ _d,~{I a ~~~ 9 "`~ • Wg C 2' S ~i ~ ~~ 46'LBZS 3.OffLO S ~ ~ a\$g _ ___ 3 DLO S e>e~r-- `° -- Hd ~•I~ -- --------- -- --~ a --- clrorrl - --~------------ 1 1 f I 1 j f 1~ sl wl r 1 l ' 1 i ~ I IW 1 1 1 1 1 1 ' WI ~ilo 1 ~ ^~ o O1 ~ 13 fg 9 1 ~~ ~~ ~ zl Iy 1 I I 1 1 1 f I I 1 1 I 1 I 1 1 1 1 ~_ ____OBS81.._ _ ~~ -~ M .Of,C10 N NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- /,~~/ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the NE 1/ of the SW '/ of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 1.56 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for~sp~cf ~~ fit:;; City Hall, City of Meridian, 33 East Idaho Avenue Meridian Idaho. Thi ~ ~~~ „'~'~~ ~ ~ ~ -~ -~'~1- shall become effective on the ~ ~~~ r .~,° ` ' . day of Ce~L~ L~ ~..~ c~~u"~F~ E~~ ;. ~y ° ~:< '~ Mayor and City Council of e C%ty o Mer~a~ri `"~~ ~, By: William G. Berg, Jr., City Clerk ~~,-, ~~~ :,~ ° First Reading: l «-- C' L -~'°~ Adopted a$er first reading by suspen'yiQn r ~-tea o ~~`', ~.~`` Rule as allowed pursuant to Idaho Code 50-902: YES X NO '''~~l,r~~?: ~~asv`j` Second Reading: -- Third Reading: ~-- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- ~~~/ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- of the City of Meridian, Idaho, and has found the same to be true and co plete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ f ~~ day of C'~~~ `rk 1 ' , 2007. ..~ ~, .J William. L.M. Nary, City Attorne ORDINANCE SUMMARY - A~07-007 AMAR @ WAPOOT Page 1 of 1 • CITY OF MERIDIAN MERIDIAN CITY COUNCIL AND ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS SPECIAL JOINT MEETING /WORKSHOP AGENDA Monday, October 1, 2007 at 12:00 Noon ACHD Auditorium, 3775 Adams Street, Garden City, Idaho City of Meridian: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd ACRD: Carol McKee Rebecca Arnold Sherry Huber David Bivens John Franden, President I Overland Road Realignment ACHD • Update on ACHD's Recent Action •. Agreement with ITD • Relationship to Other Roadways in Area • Next Steps II Landscaping Plan for Split Corridor III ULI Proposed Alliance • Funding • Joint Effort on Regional/State Issues • ACHD Prioritization Process • Anticipated Timeline & Next Steps IV Other (time permitting) Meridian Development Corp (Shaun Wardle) Elected Officials Meridian City Council Special Joinf Meeting wdh ACHD Commissioners - `October 1, 2007 Page 1 of 1 All materials presented of public meetings shall become the property of the City of Meridian and ACHD. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the Administrative Office of ACHD at 387-6100 at least 48 hours prior to the public meefing. • a°,~~,. ..l C1"rY OF ~ ~Y eY1G~1G~"YI ~ IDAHO y~ c F (~R %&e TREASURE V.at~Y SINCE 1993 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191Jfax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 i v --~ NOTICE OF SPECIAL JOINT WORKSHOP /MEETING MERIDIAN CITY COUNCIL 8s ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Speaal Joint Workshop a# the Ada County Highway Dis#rict's Auditorium, 3775 Adams Street, Garden City, Idaho, on Monday, October 1st, 2~7 at 12:~ noon. They will be discussing the fiollowing issues: Overland Road Realignment Update on ACHD's Recent Action Agreement with tTD Relationship to Other Roadways in Area Next Steps Landscaping Plan for Split Corridor ULI Proposed Alliance Funding Joint Effort on RegionaVState Issues ACRD Prioritization Process Anticipated Timeline & Next Steps Other (time permitting) The public is welcome to attend. DATED this 28th day of September, WILLIAM G. \4e~~~11t116Btllftdttp®P, \ti~, ~ ~3 adrFP ~~+` ~~ ~~ ~ BRd ~~ ~ ' b.. , ~s ~ ~, yr _. Jfr ~I' Meridian City Councr7 Spe~al Joint Meeting wr~h ACHD Commissioner 1,~ ~~Q~' All materials presented at public meetNtgs shall become the property of kF~e~' ~~ ;`~ Anyone desrring acxommodation for disab-7r7ies related to documents aifd/ , , ~`<<,~'~ please contacat the Administration of Ada County Hrghwey District at ~~7~1. ~ 111 ~ ~ e' at least 48 hours prior to the public meeting. CITY I jALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888.4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper • • CITY OF MERIDIAN MERIDIAN CITY COUNCIL AND ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS SPECIAL JOINT MEETING /WORKSHOP AGENDA Monday, October 1, 2007 at 12:00 Noon ACRD Auditorium, 3775 Adams Street, Garden City, Idaho City of Meridian: ACRD: David Zaremba Charlie Rountree Carol McKee Sherry Huber Joe Gorton Keith Bird Mayor Tammy de Weerd Rebecca Amold David Bivens John Franden, President Overland Road Realignment • Update on ACHD's Recent Action • Agreement with ITD • Relationship to Other Roadways in Area • Next Steps II Landscaping Plan for Split Corridor III ULI Proposed Alliance • Funding • Joint Effort on Regional/State Issues • ACRD Prioritization Process • Anticipated Timeline & Next Steps IV Other (time permitting) ACHD Meridian Development Corp (Shaun Wardle) Elected Officials Meridian City Council Special Joint Meeting with ACHD Commissioners - October 1, 2007 Page 1 of 1 All materials presented at public meetings shall become the property of the City of Meridian and ACHD. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the Administrative Office of ACHD at 387-6100 at least 48 hours prior to the public meeting. ~ - Broadcast Report DatelTlme Local ID 1 Local ID 2 09-28-2007 04:56:20 p.m. Transmit Header Text Clty of Meridian Idaho 2088884218 Local Name 1 Llne 1 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5"x11 " ..,~,p~* ~_/VleYtt~ian ~Ceas~ tv~ ~ t~u.i~`c.~i(~'fi'ee.- t~ru~vlKso IDAI.10 d.rnero~V.~' ~ A4mroa ~ NOTICE OF SPECWt JOINT WORKSti4P 1 MEETING 7)3mmy de 4Veetd Cm Corraacn. exs Keith Bud J°aePh w Boxtnn cl~arlrw M. Rwmtrae Uavld 7_aremba Crrr Daraarnlervss C1tq Attoscep/HR ~ main tC+rrr) 898.6608 {flli) Fax 8848723 Pine 340 8. Yranklin Road 8R8-'L~i4 / fex 893-03'l0 Harks b4 Retreafian 11 W. Bowerstreet 888.3579 ~ fax 898.5501 Planning 860 fi Watprtewer Lenre Suite 202 e84-3s~ liar ~8.88s4 ~~ 1401 E. watertower lane Ssas67e~faxb46-T366 PubOc Wi~rks 6B0 E. Vdaletton+er Lent Suite 200 898.56001 ~x 898.9931 - Btilldhlg 66D E. Watertower La»e Suite 150 887-7111 /fax 887-1297 - Wastewalmr 3401 AI.'l~tneae coed sea-at91 ! fax es4-a~4~ • wat@r 2235 A.W. 8th Street 888-8242/fax 884-1139 611ERIDIAN CITY COUNCIL ADA COUNTY i~FNAtAY DtBTR#CT COMM!$StONERS NOTICE IS HEREBY (311lEN tl'18t the City Colulca'1 ~` fh9 City Ot Aaerlc8art aft the Commissioners of ttte Ada Cotmty t6ghw>3y Dis6td wig hold a Speck! .~¢Ird Woltcshop et tl>e A~/+7C~a.~ty Ni~way Dl~t/'s1,,~~f,~ Auditorium, 3776 Adams Street, Garden `."`}, Idaho, on . W~V„m. 1st, 200T et 12.1 tamrn. Tt~y viii be ~ the faQicroing its: "' DVS ROBad Rea#8nment UpdBtB On ACND's i2ec+srltAr~1 ,4grgetlt~lt 1Nlft1 il'D ltisletigrsttip t0 081st Ftoys 6t ATea Ne7Q Steps ~ Landec®g~ Plan lorSptB Corridor ~ ULi P'r+~osed At~m1Ce Fur1~ Jo~tt FJkrt on Issues ACHD Priolitaz~on P'roc+3ss A~ Timeline & Nell Slaps ~ ()lher (Ultrie pelmitHtlg} The pl~iic is WerC41'rte •l, at~11d. DATED this 28th dsy a1 September, ~~~~. at~AC.HD plesaeomdeoffba of~eC~dyfyDl~ar ~1~ 48froi98~Ptarta819 p~• Crnr HALL 33 EA87 Tuarlo Av8NU8 Miaxtmaiv, IDAHO 63642 (2Q8}868-1433 L(1'YQ.fiRK-PA7($98-0218 FINANCE&LT4.YIYfiiLL0.Y:-PAx8~-8813 MAYARFi OPP1CH-FN(684-A1t9 P&+e+d on tmepdod P~ Total Pages Scanned : 1 Total Pages Confirmed : 21 No. lob Remote Station Start Time Duration Pages Line Mode Job Type Results 001 111 3810160 04:33:02 p.m.09-28-2007 00:01:25 1i1 1 EC HS CP9600 002 111 8989551 04:33:02 p.m.09-28-2007 00:00:23 1/1 1 EC HS CP21600 003 111 2088848723 04:33:02 p.m.09-28-2007 00:00:19 1!1 1 EC HS CP28800 004 111 8886854 04:33:02 p.m.09-28-2007 00:00:20 1i1 1 EC HS CP31200 005 111 2088985501 04:33:02 p.m.09-28-2007 00:00:19 1!1 1 EC HS CP31200 006 111 8467366 04:33:02 p.m.09-28-2007 00:00:19 1!1 1 EC HS CP28800 007 111 8950390 04:33:02 p.m.09-28-2007 00:00:17 1!1 1 EC HS CP33600 ~: "~, - I t ~,. C17'Y OF ~~~,....~ ~ ~~~- ~YlG~1~17 ®`~~ ~'w, IDAHO ~/ tit, (,F~~FR o Y fu TkensuRE V;wr SINCE ~ 1993 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 NOTICE OF SPECIAL JOINT WORKSHOP /MEETING MERIDIAN CITY COUNCIL 8c ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GNEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at the Ada County Highway District's Auditorium, 3775 Adams Street, Garden City, Idaho, on Monday, October 1st, 2007 at 12:00 noon. They will be discussing the following issues: Overland Road Realignment Update on ACHD's Recent Action Agreement with ITD Relationship to Other Roadways in Area Next Steps Landscaping Plan for Split Corridor ULI Proposed Alliance Funding Joint Effort on RegionaUState Issues ACHD Prioritization Process Anticipated Timeline & Next Steps Other (time permitting} The public is welcome to attend. DATED this 28th day of September, `e`eeplllllll/!d!!BB o Jf~ ~IT'y`01,``ERR ~~ ~ man City Count Specval Joint Meetir-g writh ACHD Commissiondis ~ 1~ ~~Q~ ~, ~~°= All materials presented at public meetings shall become the property of~e ~ `,:' Anyone desiring accommodation for drsabitttles related to dements arr~t/ ~; "' please e~ntad the Administration Ada County Highway Distract ~ ~~7a~9 e,11 ee eee`` at least 48 hours prior to the public meeting. WILLIAM G. CITY FALL 33 EAST IDAHO AVENiJE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper ! i CITY OF MERIDIAN MERIDIAN CITY COUNCIL AND ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS SPECIAL JOINT MEETING /WORKSHOP AGENDA Monday, October 1, 2007 at 12:00 Noon ACRD Auditorium, 3775 Adams Street, Garden City, Idaho City of Meridian: David Zaremba Charlie Rountree Joe Borton Keith Bird Mayor Tammy de Weerd ACHD: Carol McKee Rebecca Amold Sherry Huber David Bivens John Franden, President I Overland Road Realignment ACHD • Update on ACHD's Recent Action • Agreement with ITD • Relationship to Other Roadways in Area • Next Steps II Landscaping Plan for Split Corridor III ULI Proposed Alliance • Funding • Joint Effort on Regional/State Issues • ACHD Prioritization Process • Anticipated Timeline 8~ Next Steps IV Other (time permitting) Meridian Development Corp (Shaun Wardle) Elected Officials Meridian City Council Special Joint Meeting with ACHD Commissioners - October 1, 2007 Page 1 of 1 All materials presented at public meetings shall become the property of the City of Meridian and ACHD. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the Administrative Office of ACHD at 387-6100 at least 48 hours prior to the public meeting. ~ Broadcast Report ~ ~ Date/Time 09-28-2007 02:53:29 p.m. Transmit Header Text Clty of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Une 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 105 2088882682 02:25:55p.m.09-28-2007 00:00:49 4/4 1 EC HS CP33600 009 105 8840745 02:25:55 p.m,09-28-2007 00:01:04 4/4 1 EC HS CP28800 010 105 2088885052 02:25:55 p.m.09-28-2007 00:00:50 4/4 1 EC HS CP31200 011 105 8881983 02:25:55 p,m.09-28-2007 00:00:58 4/4 1 EC HS CP24000 012 105 2083776449 02:25:55 p.m. 09-28-2007 00:01:37 4/4 1 EC HS CP14400 013 105 4679562 02:25:55 p.m.09-28-2007 (10:00;54 4/4 1 EC HS CP26400 014 105 8886700 02:25:55 p.m.09-28-2007 00:00:00 0/4 1 -- HS FA 015 105 8841159 02:25:55 p.m.09-28-2007 00:00:53 4/4 1 EC HS CP31200 016 105 8840744 02:25:55 p.m.09-28-2007 00:00:53 4!4 1 EC HS CP28800 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group3 WS: Waiting send M5: Mailbox save FA: Fall RP: Report EC: Error Correll Broadcast Report -" Date/Tlme 09-28-2007 04:56:26 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 No. 008 Job 111 Remote Station 208888 2682 Start Tlme 04:33:02 p.m.09-28-2007 Duration 00:00:17 Pages 1/1 Line 1 Mode EC Job Type HS Results CP33600 009 119 88$6777 04:33:02 p.m.09-28-2007 00:00:38 1/1 1 EC HS CP14400 010 111 8840745 04:33:02 p.m.09-28-2007 00:00:19 1t1 1 EC HS CP31200 011 111 208 387 6393 04:33:02 p.m.09-28-2007 00:00:38 1/1 1 EC HS CP14400 012 111 Z87 7909 04:33:02 p.m.09-28-2007 00:00:19 1/1 1 EC HS CP28800 013 111 2088885052 04:33:02 p.m.09-28-2007 OO:Q0:98 1l1 1 EC HS CP31200 014 111 8886573 04:33:02 p.m.09-28-2007 00:01;25 1/1 1 EC HS CP9600 015 711 8881983 04:33:02 p.m.09-28-2007 Q0:00:21 1/1 1 EC HS CP24000 016 111 2083776449 04:33:02 p.m.09-28-2007 00:00:38 1/1 1 EC HS CP14400 017 111 4679562 04:33:02 p.m.09-28-2007 00:00:19 111 1 EC HS CP26400 018 111 8886700 04:33:02 p.m.09-28-2007 00:00:00 0/1 1 -- HS FA 019 111 8884022 04:33:02 p.m.09-28-2007 00:01:02 1/1 1 EC HS CP14400 020 111 3886924 04:33:02 p.m.09-28-2007 00:00:20 111 1 EC HS CP28800 021 111 8841159 04:33:02 p.m.09-28-2007 00:00:19 111 1 EC HS CP28800 022 111 8840744 04:33:02 p.m.09-28-2007 00:00:20 1/1 1 EC HS CP26400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct